Policing and Crime Act 2009
Encyclopedia
The Policing and Crime Act 2009 (c 26) is an Act
of the Parliament of the United Kingdom
. The Act makes provision about police reform, prostitutes, sex offenders, sex establishments and certain other premises. It amends the law on aviation security, alcohol misuse, proceeds of crime, extradition and gang related violence.
It came about due to a number of recommendations in government reports wanting an increase in public accountability, which would initially allow the public to elect crime and policing representatives to run their local police service. Although these plans were shelved, the Act still requires police authorities to have regard for the views of people in the police area
.
This led to a green paper about policing in which ways in which policing could be improved were discussed, which led to the creation of the Policing Pledge. This then became a Government Bill and was introduced to the House of Commons on 18 December 2008, passing to the House of Lords on 20 May 2009, gaining Royal Assent and becoming law on 12 November 2009.
The Act has received a mixed reception, with the improved police accountabiliy being praised and the changes to sexual entertainment licenses and the changes to prostituton being criticised by senior members of the Police Service as well as other interested parties.
(ACPO) President Ken Jones
said "We welcome the Government’s continued commitment to assist the police service in tackling crime and anti-social behaviour and to strengthen our ability to protect our ports and borders."
The Government initially planned to allow the local community to elect crime and policing representatives to run their police service. The Local Government Association
(LGA), ACPO and the Association of Police Authorities (APA) criticised this plan, warning it would lead to heavier bureaucratic burdens on councils, increased political control on policing and would create a barrier to women and people from minority ethnic backgrounds getting involved.
The APA also stated there was a "very real danger of extremists and single issue pressure groups targeting these elections for their own ends". This plan was later dropped amid fears that the police could become politicised.
It was also announced there would be a ban on cheap alcohol promotions. Jacqui Smith told BBC News that she did not want to stop "the vast majority of people who enjoy alcohol and drink responsibly from doing so" but that "[w]e all face a cost from alcohol-related disorder and I have a duty to crack down on irresponsible promotions that can fuel excessive drinking and lead people into crime and disorder."
was published on 17 July 2008 and titled 'From the neighbourhood to the national: policing our communities together. In this green paper it discussed a number of areas where policing in the UK could be improved, based on the review that Sir Ronnie Flanagan
had undertaken. These areas were:
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The Policing and Crime Bill was introduced to the House of Commons on 18 December 2008 and was passed to the House of Lords
on the 20 May 2009. During its passage in the House of Lords a number of amendments were proposed and agreed to. Among the amendments were that "it would now be an offence for a person to pay for sex with a prostitute if a third person had engaged in exploitative conduct of a kind likely to induce or encourage the prostitute to provide the sexual services. Exploitative conduct would mean the use of force, threats (whether or not relating to violence) or any other form of coercion or deception", that "sex encounter venues" be renamed "sexual entertainment venues" in the case of lap dancing clubs and that the provisions which allowed licensing authorities to impose discretionary licensing conditions on two or more premises were removed. On 12 November 2009 the Act went through the Consideration of Lords/Commons amendments stage and was given Royal Assent on the same day.
, which require police forces to have regard to the views of people in their area about policing in that area. It creates a Police Senior Appointments Panel which has authority regarding the appointment of senior police officers. It creates a legal framework to allow two or more police forces to collaborate and make agreements in order to increase effectiveness and efficiency, for payment or otherwise.
The Act also amended the Regulation of Investigatory Powers Act 2000
to allow for the collaboration agreements that are created under this Act.
The Act also amends the law on loitering for the purposes of prostitution and also amends the law on soliciting.
When this was first announced by the Home Office, Dr Timothy Brain, Gloucestershire Chief Constable and ACPO Lead on Prostitution and Vice Matters praised the new measures, saying that "With these proposals the Government has clearly signalled its intention to bring about a sea change in attitudes towards prostitution."
to introduce closure orders on brothels, prevent time limits of complaints and make sexual offenders surrender their passports. The Act also amended the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (control of sex establishments) to reclassify lap-dancing clubs as 'sexual entertainment venues' instead of 'entertainment venues', thus allowing the Government to tighten up regulation.
to require a person aged 16 years or over to leave a public place, to a person aged 10 years or older. This amendment also allows police officers to take a person under the age of sixteen home, or to a place of safety, if they are issued with a direction to leave under section 27 of the Violent Crime Reduction Act 2006. When these new powers were introduced on January 29, 2010, they were described as helping "officers to take a more robust approach and will hopefully reassure residents that we are continuing to target this issue."
The Act deems it an offence for a person aged under 18 years to be in possession of alcohol in a relevant place without reasonable excuse, on 3 or more occasions, within 12 consecutive months. It also introduces a new mandatory code of practice for alcohol sales. This part of the Act is applicable only to England and Wales
and Northern Ireland
.
The police and local authorities are now able to apply for injunctions to prevent gang related violence.
In October 2011, Gloucestershire Constabulary in partnership with Gloucester City Council successfully applied for gang injunctions against two local men who had been involved in persistent criminal and anti social behaviour.
Ashley Nicholls-Perry, 19 of Summer Street in Stroud, and Freeston Horsford, 26 and of Cophall Street in Tipton, had conditions lasting 24 months placed on them at Bristol County Court which means they cannot get involved in gang activity. A variety of conditions have been imposed, including non association with each other, exclusion from certain areas within the city and restrictions on their association with others.
Gloucester Superintendent Gary Thompson said:
"This shows how determined police and our partner agencies are to disrupt the small number of gang members causing problems in the city. While they are very few in number and the issue is nowhere near the scale of big cities, the impact these people are having on others shouldn’t be underestimated. We’ve had reports of people being too scared to come out of their houses because of what they think might happen to them and that is simply unacceptable.
These injunctions give us greater power and control over gang members. If these two can’t hang around with fellow gang members, we have a greater chance of getting to the root of the problem and changing their mindset. The community have supported this action throughout and we hope this support continues in order for us to enforce the conditions of this injunction ."
Police have been running an anti-gang operation since July after a shooting incident in Beaufort Road and a stabbing incident in Coney Hill. Since Operation Avenger began police have made a number of arrests of people suspected of offences including possessing weapons, assault and public disorder.
The Act also deals with the policing of airports.
anti-trafficking unit, who argued that the law with regards to criminalising men who pay for sex with prostitutes would be "very difficult to enforce". The Chief Constable
for Gloucestershire Constabulary
, Dr Tim Brain, told BBC News that he feared the complexity of the law may make gaining evidence hard. There was also criticism from the English Collective of Prostitutes
, who said that the Act will force prostitution further underground and prevent women from reporting violence and accessing health or other services.
ACPO commented on the bill, saying that "chief officers will welcome the introduction of powers to impose mandatory conditions on the supply of alcohol", and "includes other measures we welcome, such as those to close brothels and give police powers to protect neighbourhoods from the nuisance and harm they create; and strengthened legislation to support police operations to recover the proceeds of crime."
There has been much praise with the increased accountability that is introduced with the passing of the Act with the LGA stating they supported "the core principles behind the Bill of empowering local people by giving them a stronger voice in police decision-making, and greater freedoms and discretion for the police to concentrate on local policing priorities." and the APA saying they welcomed "the government’s recognition of the valuable role of police authorities in holding police to account on behalf of local people."
Peter Stringfellow
criticised the powers to control lap-dancing clubs, saying the change was "unnecessary" and that he would be appealing to the European Court of Human Rights
if his club licences were not renewed.
Reports
Acts of Parliament in the United Kingdom
An Act of Parliament in the United Kingdom is a type of legislation called primary legislation. These Acts are passed by the Parliament of the United Kingdom at Westminster, or by the Scottish Parliament at Edinburgh....
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
. The Act makes provision about police reform, prostitutes, sex offenders, sex establishments and certain other premises. It amends the law on aviation security, alcohol misuse, proceeds of crime, extradition and gang related violence.
It came about due to a number of recommendations in government reports wanting an increase in public accountability, which would initially allow the public to elect crime and policing representatives to run their local police service. Although these plans were shelved, the Act still requires police authorities to have regard for the views of people in the police area
Police area
A police area is the area for which a territorial police force in the United Kingdom is responsible for policing.Every location in the United Kingdom has a designated territorial police force with statutory responsibility for providing policing services and enforcing criminal law, which is set out...
.
This led to a green paper about policing in which ways in which policing could be improved were discussed, which led to the creation of the Policing Pledge. This then became a Government Bill and was introduced to the House of Commons on 18 December 2008, passing to the House of Lords on 20 May 2009, gaining Royal Assent and becoming law on 12 November 2009.
The Act has received a mixed reception, with the improved police accountabiliy being praised and the changes to sexual entertainment licenses and the changes to prostituton being criticised by senior members of the Police Service as well as other interested parties.
Background
The Act emanated from a number of recommendations in government reports on police reform and jurisdiction, and on engaging local communities in fighting crime and holding their local police service to account. When it was proposed in the Queen's Speech in 2008, the Association of Chief Police OfficersAssociation of Chief Police Officers
The Association of Chief Police Officers , established in 1948, is a private limited company that leads the development of policing practice in England, Wales and Northern Ireland.ACPO provides a forum for chief police officers to share ideas and coordinates the strategic...
(ACPO) President Ken Jones
Ken Jones (police officer)
Sir Kenneth Lloyd "Ken" Jones, QPM was Deputy Commissioner of the Victoria Police and a former President of Association of Chief Police Officers for England, Wales and Northern Ireland in the United Kingdom....
said "We welcome the Government’s continued commitment to assist the police service in tackling crime and anti-social behaviour and to strengthen our ability to protect our ports and borders."
The Government initially planned to allow the local community to elect crime and policing representatives to run their police service. The Local Government Association
Local Government Association
The Local Government Association is a voluntary lobbying organisation acting as the voice of the local government sector in England and Wales, which seeks to be an authoritative and effective advocate on its behalf....
(LGA), ACPO and the Association of Police Authorities (APA) criticised this plan, warning it would lead to heavier bureaucratic burdens on councils, increased political control on policing and would create a barrier to women and people from minority ethnic backgrounds getting involved.
The APA also stated there was a "very real danger of extremists and single issue pressure groups targeting these elections for their own ends". This plan was later dropped amid fears that the police could become politicised.
It was also announced there would be a ban on cheap alcohol promotions. Jacqui Smith told BBC News that she did not want to stop "the vast majority of people who enjoy alcohol and drink responsibly from doing so" but that "[w]e all face a cost from alcohol-related disorder and I have a duty to crack down on irresponsible promotions that can fuel excessive drinking and lead people into crime and disorder."
Green paper
The Policing green paperGreen paper
In the Commonwealth, the Republic of Ireland and the United States a green paper is a tentative government report of a proposal without any commitment to action; the first step in changing the law...
was published on 17 July 2008 and titled 'From the neighbourhood to the national: policing our communities together. In this green paper it discussed a number of areas where policing in the UK could be improved, based on the review that Sir Ronnie Flanagan
Ronnie Flanagan
Sir Ronald Flanagan, GBE, QPM, was the Home Office Chief Inspector of Constabulary for the United Kingdom excluding Scotland...
had undertaken. These areas were:
- Citizen Focus, leading to the national Policing Pledge that police forces would have to take.
- Reducing bureaucracy and developing technology for police officers.
- Defining roles and leadership within the police service, focusing on development and deployment.
- Reinforcing collaboration between forces.
- Improving performance and effectiveness in policing.
Bill
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
on the 20 May 2009. During its passage in the House of Lords a number of amendments were proposed and agreed to. Among the amendments were that "it would now be an offence for a person to pay for sex with a prostitute if a third person had engaged in exploitative conduct of a kind likely to induce or encourage the prostitute to provide the sexual services. Exploitative conduct would mean the use of force, threats (whether or not relating to violence) or any other form of coercion or deception", that "sex encounter venues" be renamed "sexual entertainment venues" in the case of lap dancing clubs and that the provisions which allowed licensing authorities to impose discretionary licensing conditions on two or more premises were removed. On 12 November 2009 the Act went through the Consideration of Lords/Commons amendments stage and was given Royal Assent on the same day.
Police reform
The Police Service is reformed by adding a number of amendments to the Police Act 1996Police Act 1996
The Police Act 1996 is an Act of the Parliament of the United Kingdom which defined the current police areas, constituted the current police authorities and set out the relationship between the Home Secretary and the territorial police forces. It replaced the Police and Magistrates Courts Act...
, which require police forces to have regard to the views of people in their area about policing in that area. It creates a Police Senior Appointments Panel which has authority regarding the appointment of senior police officers. It creates a legal framework to allow two or more police forces to collaborate and make agreements in order to increase effectiveness and efficiency, for payment or otherwise.
The Act also amended the Regulation of Investigatory Powers Act 2000
Regulation of Investigatory Powers Act 2000
The Regulation of Investigatory Powers Act 2000 is an Act of the Parliament of the United Kingdom, regulating the powers of public bodies to carry out surveillance and investigation, and covering the interception of communications...
to allow for the collaboration agreements that are created under this Act.
Prostitution
The Act makes it illegal to pay for services from a prostitute whom a third person has subjected to force, threads, coercion or deception to perform those services. It is irrelevant whether the customer knew or could have known about this exploitation. The country where the sexual services are provided is also irrelevant.The Act also amends the law on loitering for the purposes of prostitution and also amends the law on soliciting.
When this was first announced by the Home Office, Dr Timothy Brain, Gloucestershire Chief Constable and ACPO Lead on Prostitution and Vice Matters praised the new measures, saying that "With these proposals the Government has clearly signalled its intention to bring about a sea change in attitudes towards prostitution."
Other amendments
The Act amended the Sexual Offences Act 2003Sexual Offences Act 2003
The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland that was passed in 2003 and became law on 1 May 2004.It replaced older sexual offences laws with more specific and explicit wording...
to introduce closure orders on brothels, prevent time limits of complaints and make sexual offenders surrender their passports. The Act also amended the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (control of sex establishments) to reclassify lap-dancing clubs as 'sexual entertainment venues' instead of 'entertainment venues', thus allowing the Government to tighten up regulation.
Alcohol misuse and gang-related violence
There has been a number of changes to how the police deal with alcohol misuse. The Act amends the power the police have under section 27 of the Violent Crime Reduction Act 2006Violent Crime Reduction Act 2006
The Violent Crime Reduction Act 2006 is an Act of the Parliament of the United Kingdom.-Origin:The United Kingdom Government published a paper "Drinking Responsibly - The Government's Proposals" in 2005 setting out their proposals for introducing Drinking Banning Orders...
to require a person aged 16 years or over to leave a public place, to a person aged 10 years or older. This amendment also allows police officers to take a person under the age of sixteen home, or to a place of safety, if they are issued with a direction to leave under section 27 of the Violent Crime Reduction Act 2006. When these new powers were introduced on January 29, 2010, they were described as helping "officers to take a more robust approach and will hopefully reassure residents that we are continuing to target this issue."
The Act deems it an offence for a person aged under 18 years to be in possession of alcohol in a relevant place without reasonable excuse, on 3 or more occasions, within 12 consecutive months. It also introduces a new mandatory code of practice for alcohol sales. This part of the Act is applicable only to England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
.
The police and local authorities are now able to apply for injunctions to prevent gang related violence.
In October 2011, Gloucestershire Constabulary in partnership with Gloucester City Council successfully applied for gang injunctions against two local men who had been involved in persistent criminal and anti social behaviour.
Ashley Nicholls-Perry, 19 of Summer Street in Stroud, and Freeston Horsford, 26 and of Cophall Street in Tipton, had conditions lasting 24 months placed on them at Bristol County Court which means they cannot get involved in gang activity. A variety of conditions have been imposed, including non association with each other, exclusion from certain areas within the city and restrictions on their association with others.
Gloucester Superintendent Gary Thompson said:
"This shows how determined police and our partner agencies are to disrupt the small number of gang members causing problems in the city. While they are very few in number and the issue is nowhere near the scale of big cities, the impact these people are having on others shouldn’t be underestimated. We’ve had reports of people being too scared to come out of their houses because of what they think might happen to them and that is simply unacceptable.
These injunctions give us greater power and control over gang members. If these two can’t hang around with fellow gang members, we have a greater chance of getting to the root of the problem and changing their mindset. The community have supported this action throughout and we hope this support continues in order for us to enforce the conditions of this injunction ."
Police have been running an anti-gang operation since July after a shooting incident in Beaufort Road and a stabbing incident in Coney Hill. Since Operation Avenger began police have made a number of arrests of people suspected of offences including possessing weapons, assault and public disorder.
Further amendments
This Act introduced a number of amendments as follows:- the criminal asset recovery scheme which was established under the Proceeds of Crime Act 2002Proceeds of Crime Act 2002The Proceeds of Crime Act 2002 is an Act of the Parliament of the United Kingdom which provides for the confiscation or civil recovery of the proceeds from crime and contains the principal money laundering legislation in the UK.-Background:...
;
- the Extradition Act 2003Extradition Act 2003The Extradition Act 2003 is an Act of the Parliament of the United Kingdom. It came into force on 1 January 2004 and all import and export extradition requests submitted or received from this date are covered by the Act...
, and;
- the Aviation Security Act 1982Aviation Security Act 1982The Aviation Security Act 1982 is an Act of Parliament of the United Kingdom Parliament. The Act covers Offences against the safety of aircraft; Protection of aircraft, aerodromes and air navigation installations against acts of violence; Policing of airports; and Funding.In addition to murder and...
to provide security planning and risk assessments for aerodromes.
The Act also deals with the policing of airports.
Reception
The Act has received a mixed reception during the passage of the bill, with much criticism about the areas of it which deal with prostitution coming from senior police officers, such as Commander Alan Gibson, head of the Metropolitan Police'sMetropolitan Police Service
The Metropolitan Police Service is the territorial police force responsible for Greater London, excluding the "square mile" of the City of London which is the responsibility of the City of London Police...
anti-trafficking unit, who argued that the law with regards to criminalising men who pay for sex with prostitutes would be "very difficult to enforce". The Chief Constable
Chief Constable
Chief constable is the rank used by the chief police officer of every territorial police force in the United Kingdom except for the City of London Police and the Metropolitan Police, as well as the chief officers of the three 'special' national police forces, the British Transport Police, Ministry...
for Gloucestershire Constabulary
Gloucestershire Constabulary
Gloucestershire Constabulary is the territorial police force responsible for policing the non-metropolitan county of Gloucestershire in England...
, Dr Tim Brain, told BBC News that he feared the complexity of the law may make gaining evidence hard. There was also criticism from the English Collective of Prostitutes
English Collective of Prostitutes
The English Collective of Prostitutes founded in 1975, campaigns for the decriminalisation of prostitution, sex workers’ right to recognition and safety, and financial alternatives so that no one is forced into prostitution by poverty....
, who said that the Act will force prostitution further underground and prevent women from reporting violence and accessing health or other services.
ACPO commented on the bill, saying that "chief officers will welcome the introduction of powers to impose mandatory conditions on the supply of alcohol", and "includes other measures we welcome, such as those to close brothels and give police powers to protect neighbourhoods from the nuisance and harm they create; and strengthened legislation to support police operations to recover the proceeds of crime."
There has been much praise with the increased accountability that is introduced with the passing of the Act with the LGA stating they supported "the core principles behind the Bill of empowering local people by giving them a stronger voice in police decision-making, and greater freedoms and discretion for the police to concentrate on local policing priorities." and the APA saying they welcomed "the government’s recognition of the valuable role of police authorities in holding police to account on behalf of local people."
Peter Stringfellow
Peter Stringfellow
Peter James Stringfellow is an English nightclub owner.-Early life:Stringfellow was born on 17 October 1940 to Elsie and James William Stringfellow , a steelworker...
criticised the powers to control lap-dancing clubs, saying the change was "unnecessary" and that he would be appealing to the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
if his club licences were not renewed.
External links
- Explanatory notes to the Policing and Crime Act 2009.
Reports