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Criminal Justice Bill - Sitting 12

23 January 2024

Proposing MP
N/A
Type
Public Bill Committee

At a Glance

Issue Summary

The statement discusses clauses 53 to 55 of the Criminal Justice Bill, which introduce new tools for local authorities and police to address nuisance rough sleeping. The Chair is addressing clauses related to nuisance rough sleeping prevention orders and their implementation. The Minister discusses Clause 61 of the Criminal Justice Bill which defines conditions for rough sleeping to be considered a nuisance. The discussion centres around defining what constitutes a public nuisance caused by rough sleeping and how it should be addressed legally. The statement discusses concerns about a proposed clause in the Criminal Justice Bill that aims to criminalize nuisance rough sleeping but may inadvertently penalize homeless individuals. The Chair acknowledges the courteous conduct during a debate on contentious clauses in the Criminal Justice Bill, specifically addressing issues related to rough sleeping and trespassing. The Chair is discussing amendments and clauses related to the Criminal Justice Bill, focusing on extending exclusion periods for repeat offenders under anti-social behaviour laws and requiring a report on police use of public spaces protection orders. The Chair discusses amendments to clauses 65 to 70 and schedules 6 and 7 of the Criminal Justice Bill, focusing on strengthening anti-social behaviour (ASB) powers. The Chair is discussing the Criminal Justice Bill and its specific clauses related to anti-social behavior, including reviews of complaints responses and the appointment of designated officers. The statement addresses provisions to improve collaboration among agencies in tackling antisocial behaviour and enhancing victim rights through new legislation. The speaker is discussing new clause 42 which aims to require chief officers of each police force in England and Wales to appoint a designated officer for anti-social behaviour (ASB) issues in every neighbourhood. The statement discusses the commitment to investigate all criminal offences and follows up on the implementation of this policy at a national level.

Action Requested

No specific action is requested in this statement. The Minister provides context on the provisions and responds to criticisms raised by the opposition.

Key Facts

  • Clauses 53 to 55 introduce nuisance rough sleeping prevention notices.
  • These clauses are similar to previously discussed clauses related to nuisance begging prevention.
  • The Government compares UK situations with San Francisco's approach to public drug consumption and antisocial behaviour.
  • Clauses 56 to 60 provide tools for local authorities and the police to tackle nuisance rough sleeping.
  • Clause 56 sets out how nuisance rough sleeping prevention orders will work, with an amendment proposing applications by complaint.
  • Clause 58 allows a maximum duration of five years for nuisance rough sleeping prevention orders.
  • Clause 61 aims to define conditions for rough sleeping that cause nuisance to others.
  • Behaviors must cause damage, distress, disruption, harassment, health and safety risk, or prevent determination of such risks to be considered a nuisance.
  • The Minister uses an example involving teenagers camping on farmland to explain how the clause's provisions are applied.
  • The Criminal Justice Bill seeks to replace outdated vagrancy laws with more precise definitions of public nuisances.
  • Section 137 of the Highways Act 1980 criminalises wilful obstruction of a highway.
  • £2 billion is being spent by the Government to combat homelessness.
  • Clause 61 in the Criminal Justice Bill aims to criminalize nuisance rough sleeping.
  • The debate centers on whether the language "intending to sleep rough" is precise and fair.
  • Subsection (2)(b) of clause 61 describes a person’s actions as a nuisance, which is considered vague by Alex Norris.
  • Clause 61, which dealt with rough sleeping, was ordered to stand part of the Bill.
  • The Committee divided: Ayes 7, Noes 5.
  • Clause 62 recreates an offence from the Vagrancy Act 1824, making it an offence to trespass on any premises for unlawful purposes.
  • The maximum penalty is three months' imprisonment or a £1,000 fine.
  • Amendment 144 allows for up to seven days or twenty-eight days exclusion periods depending on previous direction history.
  • Amendment 145 mandates a report on police use of PSPO and expedited orders within twelve months of Royal Assent.
  • The amendments relate to Chapter 2 of Part 4 of the Anti-social behaviour, Crime and Policing Act 2014.
  • £160 million of new funding was launched in March 2023 for an antisocial behaviour action plan.
  • Clauses 65 to 70 provide strengthened ASB powers, including extending dispersal direction periods from 48 hours to 72 hours and lowering the age threshold for community protection notices from 16 to 10 years.
  • New clause 21 changes the rank of officer who can authorise dispersal orders.
  • Clause 65, 66, 67, 68, 69, 70, 71 are discussed or ordered to stand part of the Bill.
  • Amendment 144 proposed by Alex Norris is negatived with a vote of Ayes 5 and Noes 7.
  • New clause 42 proposes requiring each police force in England and Wales to appoint a designated officer for anti-social behavior work in each neighbourhood area.
  • Clause 71 and schedule 8 aim to expand local policing bodies' role in tackling antisocial behaviour.
  • Government new clause 42 is an Opposition new clause.
  • Hotspot patrols will be rolled out across England and Wales in April.
  • The ban on nitrous oxide took effect on 8 October.
  • New clause 42 proposes a designated officer for each neighbourhood to lead on anti-social behaviour.
  • Police and crime commissioners can hold local police forces accountable.
  • There is an expectation that all reasonable lines of inquiry will be followed in relation to ASB.
  • The National Police Chiefs’ Council has agreed to investigate all criminal offences.
  • Chief Inspector of Constabulary Andy Cooke will conduct a thematic inspection in spring.
  • Peel inspections will check on the commitment every couple of years.
  • Greater Manchester's approach led to a 44% increase in arrests.
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