Criminal Justice Bill – in a Public Bill Committee am 3:15 pm ar 25 Ionawr 2024.
“(1) The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.
(2) In section 35—
(a) in subsections (1), for “a constable in uniform” substitute “an authorised person”;
(b) in subsection (2), (3) and (6), for “constable” substitute “authorised person”;
(c) after subsection (4), insert—
“(4A) Each of the following is an “authorised person”—
(a) a constable in uniform;
(b) a person authorised for the purposes of this Part by the local authority in whose area the public place mentioned in subsection (1) is situated (“authorised LA officer”).”
(d) after subsection (6), insert—
“(6A) A direction given by an authorised LA officer under this section is not valid if the officer—
(a) is asked by the person to whom the direction is given to show evidence of their authorisation, and
(b) fails to do so.”
(e) in subsection (7), for “the constable” substitute “a constable in uniform in the public place”;
(f) for subsection (8) substitute—
“(8) Any constable may withdraw or vary a direction given by a constable under this section.
(8A) Any authorised LA officer may withdraw or vary a direction given by an authorised LA officer under this section.
(8B) A variation under subsection (8) or (8A) must not extend the duration of a direction beyond 48 hours from when it was first given.”
(g) in subsection (11), for ““exclusion period”” to the end substitute “—
“authorised person” has the meaning given by subsection (4A);
“exclusion period” has the meaning given by subsection (1)(b);
“local authority” has the same meaning as in Part 1 (see section 20).”
(3) In section 36 (restrictions)—
(a) in subsections (1), (2), (3) and (4), for “A constable” substitute “An authorised person”;
(b) in subsection (1), for “constable”, in the second place it appears, substitute “authorised person”;
(c) in subsection (5), for “a constable” substitute “an authorised person”.
(4) In section 38 (record-keeping), in subsections (1) and (2), for “A constable” substitute “An authorised person”.
(5) In section 41 (guidance), in subsection (1), for “chief officers of police” to the end substitute “—
(a) chief officers of police about the exercise, by officers under their direction or control, of those officers’ functions under this Part;
(b) local authorities about the exercise, by persons authorised under section 35(4A)(b), of those persons’ functions under this Part.””—(Chris Philp.)
This new clause confers dispersal powers under Part 3 of the Anti-social Behaviour, Crime and Policing Act 2014 on persons authorised by local authorities for the purposes of the Part.