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Policing and Crime Bill 2015-16 and 2016-17

 

POLICING AND CRIME BILL 2015-16 AND 2016-17

What is the Policing and Crime Bill?

The Policing and Crime Bill is a public bill presented to Parliament by the Government.

MPs considered the Bill at Report Stage on Tuesday 26 April.  This was the first of two days of debate in the House of Commons.

What are the next steps?

MPs will debate the second day of the Report Stage followed by the Legislative Grand Committee and Third Reading on a date to be announced.

The House of Commons agreed a carry-over motion for this Bill on 7 March 2016.  This means that consideration of the Bill will be resumed in the 2016-17 session.

The Bill was given a formal First and Second Reading (no debate) on Thursday 19 May to reintroduce it in the 2016-17 session of Parliament. The Bill will be restarted at the point it reached in the last session

Summary of the Policing and Crime Bill 2015-16 and 2016-17:

The Policing and Crime Bill is intended:-

–      to make provision for collaboration between the emergency services;

–      to make provision about the handling of police complaints and other matters relating to police conduct and to make further provision about the Independent Police Complaints Commission;

–      to make provision for super-complaints about policing;

–      to make provision for the investigation of concerns about policing raised by whistle-blowers;

–      to make provision about police discipline;

–      to make provision about police inspection;

–      to make provision about the powers of police civilian staff and police volunteers;

–      to remove the powers of the police to appoint traffic wardens;

–      to enable provision to be made to alter police ranks;

–      to make provision about the Police Federation; to make provision in connection with the replacement of the Association of Chief Police Officers with the National Police Chiefs’ Council;

–      to make provision about the system for bail after arrest but before charge;

–      to make provision to enable greater use of modern technology at police stations;

–      to make other amendments to the Police and Criminal Evidence Act 1984;

–      to amend the powers of the police under the Mental Health Act 1983;

–      to extend the powers of the police in relation to maritime enforcement;

–      to make provision about deputy police and crime commissioners;

–      to make provision to enable changes to the names of police areas; to make provision about the regulation of firearms;

–      to make provision about the licensing of alcohol;

–      to make provision about the implementation and enforcement of financial sanctions;

–      to amend the Police Act 1996 to make further provision about police collaboration;

–      to make provision about the powers of the National Crime Agency;

–      to make provision for requiring arrested persons to provide details of nationality;

–      to make provision for requiring defendants in criminal proceedings to provide details of nationality and other information;

–      to make provision to combat the sexual exploitation of children;

and for connected purposes.

 

 

Restrictions on Use of Police Cells as ‘Safe Places’

 

Tracy Johnson of Forrest Williams

 

Proposals to place restrictions on use of police cells as ‘safe places’

 

The Home Office has announced plans to take forward legislation which will greatly restrict the circumstances when a police cell can be used.

 

Restrictions on use of Police Cells as ‘Safe Places’ will be introduced via changes to the Mental Health Act 1983, which will be made under the forthcoming Policing and Crime Bill.

 

They include:

 

  • banning police cells as a ‘place of safety’ for under-18s
  • creating regulations to limit the circumstances in which police cells can be used as a place of safety for adults
  • reducing the maximum duration of detention for the purposes of an assessment under the Act from 72 to 24 hours
  • widening the current definition of a place of safety to increase local capacity and flexibility
  • extending police officers’ powers to act quickly to detain and remove people experiencing a mental health crisis from any place other than a private dwelling (for which a warrant would still be required)
  • requiring police officers to consult health professionals before detaining someone under the Act’s provisions
  • clarifying that assessments under the Act can take place in a private dwelling.
 

The aim is that the change in legislation will end the practice of using police cells simply because there is no suitable alternative available.  Restrictions on use of Police Cells as ‘Safe Places’ will give much needed protection to the often vulnerable people who end up placed in police cells at their times of greatest need.

 

This means there is the potential of a civil remedy if a person is incorrectly placed in a police cell in the future.

 

You can read more about the above on the gov.uk website.

 

If you have concerns about the way in which you, or a family member, have been detained by the police, then contact Forrest Williams on 01623 397200 for free initial advice.

 

 

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