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Bill 90 53/2

Draft Community Prosecution Lawyers Bill

CONTENTS

PART 1

OFFICE AND FUNCTIONS OF COMMUNITY PROSECUTION LAWYER

General provisions for the office of Community Prosecution Lawyer1 Office of Community Prosecution Lawyer

Functions relating to anti-social behaviour offences2 Principal function of a Community Prosecution Lawyer3 Conduct of prosecutions on behalf of a Community Prosecution Lawyer4 Delivery of recognisances etc. to a Community Prosecution Lawyer5 Reports to a Community Prosecution Lawyer by a chief officer of police6 Control of certain fees, etc. paid by a Community Prosecution Lawyer7 Transfer of cases to the Crown Prosecution Service

Functions relating to other offences8 Transfer of cases to a Community Prosecution Lawyer

PART 2

ELECTIONS, DISQUALIFICATION, ETC.

Qualifications for election9 Register of persons legally qualified for election and holding office

10 Removal of names of persons from the Register11 Qualifications for election and holding office12 Disqualification for election

Arrangements for elections13 Entitlement to vote14 Regulations relating to elections of Community Prosecution Lawyers15 Returning officers16 Day of initial elections of Community Prosecution Lawyers

Draft Community Prosecution Lawyers Billii

17 Day of subsequent elections of Community Prosecution Lawyers18 By-elections

Disqualification for office, etc.19 Declaration of acceptance of office20 Resignation from office21 Disqualification by permanent infirmity22 Legal disqualification for office23 Residency disqualification for office24 Disqualification for office: bankruptcy restrictions order25 Other disqualifications for office26 Declaration of vacancy27 Offence of falsely acting as Community Prosecution Lawyer

PART 3

GENERAL

28 Expenses29 Interpretation30 Orders and regulations31 Minor and consequential amendments and repeal32 Commencement and transitional provisions33 Short title and extent

Schedule 1 — Operations of the Office of Community Prosecution LawyerSchedule 2 — Anti-social behaviour offencesSchedule 3 — Minor and consequential amendmentsSchedule 4 — Repeal

Bill 90 53/2

Draft Community Prosecution Lawyers BillPart 1 — Office and functions of Community Prosecution Lawyer

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B I L LTO

Establish the post of Community Prosecution Lawyer for each parliamentaryconstituency in England and Wales; to provide for the direct election of suchlawyers; to make arrangements for the role of such lawyers in the prosecutionof offences relating to anti-social behaviour; to establish the relationshipbetween such lawyers and the Crown Prosecution Service; and for connectedpurposes.

E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

PART 1

OFFICE AND FUNCTIONS OF COMMUNITY PROSECUTION LAWYER

General provisions for the office of Community Prosecution Lawyer

1 Office of Community Prosecution Lawyer

(1) There shall be an office of Community Prosecution Lawyer in eachparliamentary constituency in England and Wales.

(2) A Community Prosecution Lawyer shall hold office in accordance with theprovisions of Part 2 of this Act.

(3) Unless otherwise specified in this Act or under any other enactment (wheneverpassed), a Community Prosecution Lawyer shall not be under the direction ofthe Director of Public Prosecutions (“the Director”).

(4) Schedule 1 (which makes provision about the operations of the office of CommunityProsecution Lawyer) shall have effect.

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Functions relating to anti-social behaviour offences

2 Principal function of a Community Prosecution Lawyer

(1) It shall be the principal function of a Community Prosecution Lawyer toinstitute and have the conduct of proceedings relating to anti-social behaviouroffences which are alleged to have been committed in the parliamentaryconstituency in respect of which he was elected.

(2) In pursuance of his principal function, a Community Prosecution Lawyer shallgive advice, to such extent as he considers appropriate, to the relevant policeforce on all matters relating to anti-social behaviour offences in theparliamentary constituency in respect of which he was elected.

(3) In pursuance of his principal function, a Community Prosecution Lawyer shallhave the conduct of applications for orders under section 1C of the Crime andDisorder Act 1998 (c. 37) (anti-social behaviour orders made on conviction ofcertain offences).

(4) Where any enactment (whenever passed) prohibits the taking of any steprelating to the principal function of a Community Prosecution Lawyer—

(a) except by the Director or except by him or another, or(b) without the consent of the Director or without his consent or the

consent of anotherit shall not prohibit the taking of any such step by a Community ProsecutionLawyer.

(5) Where a Community Prosecution Lawyer has the conduct of any criminalproceedings relating to the principal function of a Community ProsecutionLawyer, the Director shall not, in relation to those proceedings, be subject toany duty by virtue of section 3(2) of the Prosecution of Offences Act 1985 (c. 23)(duties of the Director).

(6) Schedule 2 (relating to the designation of anti-social behaviour offences for thepurposes of this Act) shall have effect.

3 Conduct of prosecutions on behalf of a Community Prosecution Lawyer

(1) A Community Prosecution Lawyer may at any time appoint a person who isnot a member of his legal staff or a Crown Prosecutor but who has a generalqualification (within the meaning of section 71 of the Courts and Legal ServicesAct 1990 (c. 41) (qualification for judicial and certain other appointments)) toinstitute or take over the conduct of such criminal proceedings relating to ananti-social behaviour offence as the Community Prosecution Lawyer mayassign to him.

(2) Any person conducting proceedings assigned to him under this section shallhave all the powers of members of the legal staff of the CommunityProsecution Lawyer, but shall exercise those powers subject to any instructionsgiven to him by the Community Prosecution Lawyer or by a member of hislegal staff.

4 Delivery of recognisances etc. to a Community Prosecution Lawyer

(1) Where a Community Prosecution Lawyer or any member of his legal staffgives notice to any justice of the peace that he has instituted, or is conducting,

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any criminal proceedings relating to an anti-social behaviour offence, thejustice shall—

(a) at the prescribed time and in the prescribed manner; or(b) in a particular case, at the time and in the manner directed by the

Attorney Generalsend him every recognisance, information, certificate, deposition, documentand thing connected with those proceedings which the justice is required bylaw to deliver to the appropriate officer of the Crown Court.

(2) The Attorney General may make regulations for the purpose of supplementingthis section and, in subsection (1), “prescribed” means prescribed by thoseregulations.

(3) The Community Prosecution Lawyer, or, as the case may be, the member of hislegal staff shall—

(a) subject to the regulations, cause anything which is sent to him underthe provisions of subsection (1) and of regulations made undersubsection (2) to be delivered to the appropriate officer of the CrownCourt; and

(b) be under the same obligation (on the same payment) to deliver to anapplicant copies of anything so sent to that officer.

5 Reports to a Community Prosecution Lawyer by a chief officer of police

(1) The Attorney General shall make regulations requiring the chief officer ofpolice of the relevant police force to give to a Community Prosecution Lawyerinformation with respect to every anti-social behaviour offence which isalleged to have been committed in the parliamentary constituency in respect ofwhich the Community Prosecution Lawyer was elected where it appears to thechief officer of police that there is a prima facie case for proceedings.

(2) The regulations shall also require every such chief officer to give to theCommunity Prosecution Lawyer such information as the CommunityProsecution Lawyer may require with respect to such cases or classes of case ashe may from time to time specify.

(3) After section 8(1) of the Prosecution of Offences Act 1985 (c. 23) (reports to theDirector by chief officers of police) there shall be inserted—

“(1A) Regulations under subsection (1) may not prescribe offences which areanti-social behaviour offences within the meaning given in accordancewith the provisions of the Community Prosecution Lawyers Act 2003.”

6 Control of certain fees, etc. paid by a Community Prosecution Lawyer

(1) The Attorney General may, with the approval of the Treasury, by regulationsmake such provision as he considers appropriate in relation to—

(a) the fees of any legal representative briefed to appear on behalf of aCommunity Prosecution Lawyer in any criminal proceedings relatingto anti-social behaviour offences; and

(b) the costs and expenses of witnesses attending to give evidence at theinstance of a Community Prosecution Lawyer and, subject tosubsection (2), of any other person who, in the opinion of theCommunity Prosecution Lawyer, necessarily attends for the purpose ofthe case otherwise than to give evidence.

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(2) The power conferred on the Attorney General by subsection (1)(b) only relatesto the costs and expenses of an interpreter if the interpreter is required becauseof the lack of English of a person attending to give evidence at the instance ofa Community Prosecution Lawyer.

(3) In subsection (1)(b) “attending” means attending at the court or elsewhere.

(4) The regulations may, in particular—(a) prescribe scales or rates of fees, costs or expenses; and(b) specify conditions for the payment of fees, costs or expenses.

(5) Regulations made under subsection (1)(b) may provide that scales or rates ofcosts and expenses shall be determined by the Attorney General with theconsent of the Treasury.

7 Transfer of cases to the Crown Prosecution Service

(1) A Community Prosecution Lawyer may transfer responsibility for proceedingsrelating to an anti-social behaviour offence reported to him in accordance withthe provisions of section 5 to a Crown Prosecutor.

(2) Where responsibility for proceedings is transferred in accordance with theprovisions of subsection (1)—

(a) the Crown Prosecutor shall proceed in accordance with the provisionsof Part 1 of the Prosecution of Offences Act 1985 (c. 23); and

(b) the Community Prosecution Lawyer shall cease to have the conduct ofproceedings relating to the offence.

(3) In this section “responsibility for proceedings” includes all decisions relating tothe institution and conduct of proceedings.

Functions relating to other offences

8 Transfer of cases to a Community Prosecution Lawyer

(1) The Director may transfer responsibility for proceedings relating to an offencereported to him in accordance with the provisions of section 8 of theProsecution of Offences Act 1985 to the Community Prosecution Lawyerelected in respect of the parliamentary constituency in which the offence isalleged to have been committed.

(2) Where responsibility for proceedings is transferred in accordance with theprovisions of subsection (1), the provisions of Part 1 of the Prosecution ofOffences Act 1985 shall apply, in respect of those proceedings, to—

(a) the Community Prosecution Lawyer as if he were a Crown Prosecutor,and

(b) the staff of the Community Prosecution Lawyer as if they were staff ofthe Crown Prosecution Service.

(3) In this section “responsibility for proceedings” has the same meaning as insection 7.

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Draft Community Prosecution Lawyers BillPart 2 — Elections, disqualification, etc.

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PART 2

ELECTIONS, DISQUALIFICATION, ETC.

Qualifications for election

9 Register of persons legally qualified for election and holding office

(1) It shall be the duty of the Director to maintain a Register of persons recordedas legally qualified to seek election as a Community Prosecution Lawyer andto hold the office of Community Prosecution Lawyer in accordance with theprovisions of this section.

(2) Where any person applies for his name to appear on the Register, the Directorshall enter that person’s name on the Register if that person meets theconditions specified in subsections (3) and (4).

(3) The condition specified in this subsection is that the person has a generalqualification (within the meaning of section 71 of the Courts and Legal ServicesAct 1990 (c. 41) (qualification for judicial and certain other appointments)).

(4) The condition specified in this subsection is that the person is a fit and properperson to hold the office of Community Prosecution Lawyer.

(5) A decision on whether or not a person meets the condition specified insubsection (4) shall be made in the first instance by the Director.

(6) In any case where, under subsection (5), the Director decides that a person doesnot meet the condition specified in subsection (4), he shall inform the personconcerned in writing as soon as practicable, giving reasons for his decision.

(7) The person concerned may appeal against a decision under subsection (5) tothe Attorney General.

(8) The decision of the Attorney General on whether or not a person meets thecondition specified in subsection (4) shall be final.

(9) The Register shall be published in such manner as the Director thinks fit toenable the contents of the Register to be readily available to members of thepublic.

10 Removal of names of persons from the Register

(1) It shall be the duty of the Director to remove the name of a person from theRegister of persons legally qualified to seek election as a CommunityProsecution Lawyer and to hold the office of Community Prosecution Lawyerin accordance with the provisions of this section.

(2) Where a person whose name appears on the Register ceases to have a generalqualification (within the meaning of section 71 of the Courts and Legal ServicesAct 1990 (qualification for judicial and certain other appointments)), theDirector shall, as soon as practicable, remove his name from the Register.

(3) Where the Director is of the opinion that a person whose name appears on theRegister has, as a result of his actions, ceased to be a fit and proper person tohold the office of Community Prosecution Lawyer, the Director shall informthe Attorney General of that opinion in writing, giving reasons for his opinion.

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(4) A copy of that written opinion shall be sent as soon as practicable to the personconcerned.

(5) In any case where, following receipt of an opinion under subsection (3) orotherwise, the Attorney General is of the opinion that a person whose nameappears on the Register has, as a result of his actions, ceased to be a fit andproper person to hold the office of Community Prosecution Lawyer, he shallinform the person concerned in writing as soon as practicable, giving reasonsfor his decision.

(6) The person concerned may, within a period of one week, appeal against adecision under subsection (5) to the High Court.

(7) The decision of the High Court on whether or not to uphold the opinion of theAttorney General under subsection (5) shall be made within a period of threeweeks from the date of the appeal and shall be final.

(8) Where the Attorney General has reached an opinion under subsection (5)which—

(a) has not been the subject of an appeal under subsection (6), or(b) has been upheld on appeal under subsection (7)

the Director shall, as soon as practicable, remove the name of the personconcerned from the Register.

11 Qualifications for election and holding office

(1) A person shall, unless disqualified by virtue of this Act or any other enactment,be qualified to be elected to and to hold the office of Community ProsecutionLawyer if he meets the conditions specified in this section.

(2) The condition specified in this subsection is that the person is—(a) a British subject, or(b) a citizen of the European Union (within the meaning of Article 17 of the

Treaty establishing the European Community).

(3) The condition specified in this subsection is that the person will, on the relevantday, have attained the age of twenty-one years.

(4) The condition specified in this subsection is that the person will not, on therelevant day, have attained the age of sixty-one years.

(5) The condition specified in this subsection is that the name of the person dulyappears on the Register published under section 9.

(6) In this section “the relevant day” means the next date for the holding of anelection for the office of Community Prosecution Lawyer in the parliamentaryconstituency concerned as determined in accordance with the provisions ofsections 16 to 18.

12 Disqualification for election

(1) A person shall be disqualified from being elected to the office of CommunityProsecution Lawyer if he has, at any time in the period beginning five yearsbefore the relevant day, been convicted in the United Kingdom, the ChannelIslands or the Isle of Man of any offence and has had passed on him a sentenceof imprisonment (whether suspended or not) for a period of not less than threemonths without the option of a fine.

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(2) Any person convicted at any time of an offence under section 27 of this Actshall be disqualified.

(3) In this section “relevant day” has the same meaning as in section 11.

Arrangements for elections

13 Entitlement to vote

(1) A person is entitled to vote as an elector at an election for the office ofCommunity Prosecution Lawyer if he entitled to vote at a parliamentaryelection in the same constituency.

(2) For the purposes of this section, entitlement to vote shall be determined inaccordance with the provisions of section 1 of the Representation of the PeopleAct 1983 (c. 2) (parliamentary electors).

14 Regulations relating to elections of Community Prosecution Lawyers

(1) The Lord Chancellor shall make regulations governing the conduct of ordinaryelections and of by-elections for the office of Community Prosecution Lawyer.

(2) Regulations under this section shall prescribe arrangements for the receipt andverification of nominations submitted by or on behalf of candidates qualifiedfor the office of Community Prosecution Lawyer in accordance with theprovisions of sections 9 to 12 of this Act and section 426D of the Insolvency Act1986 (c. 45).

(3) Regulations under this section shall prescribe that there shall be a single votein such elections and that the candidate returned as elected shall be thecandidate to whom the majority of votes has been cast.

(4) Regulations under this section shall prescribe functions of the Electoral Commission inthe regulation and control of elections for the office of Community Prosecution Lawyer.

(5) Regulations under this section shall prescribe a period for the electioncampaign, the first day of which shall be known as the “campaign day”.

(6) Regulations under this section may provide that any provision of theRepresentation of the People Act 1983 relating to the conduct of parliamentaryelections shall apply to elections for the office of Community ProsecutionLawyer.

(7) Regulations under this section shall prescribe the place and manner of votingat such elections.

(8) Regulations under this section may not be made unless a draft has been laidbefore and approved by resolution of each House of Parliament.

(9) No draft may be laid before Parliament under subsection (8) until the LordChancellor has consulted the Electoral Commission.

(10) At the same time as any draft regulations are laid before Parliament undersubsection (8), the Lord Chancellor shall also lay before Parliament a report ofthe outcome of his consultations with the Electoral Commission.

(11) In this section—

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“by-election” means any election held in accordance with the provisionsof section 18; and

“ordinary election” means any election for the office of CommunityProsecution Lawyer other than a by-election.

15 Returning officers

A returning officer for a parliamentary election determined in accordance withthe provisions of section 24 of the Representation of the People Act 1983 (c. 2)(returning officers: England and Wales) shall also be a returning officer for anelection for the office of Community Prosecution Lawyer.

16 Day of initial elections of Community Prosecution Lawyers

(1) The initial elections for the office of Community Prosecution Lawyer shall beheld on the first Thursday of a month other than August.

(2) The Lord Chancellor may make an order prescribing the month of initialelections for the office of Community Prosecution Lawyer.

(3) An order under this section may prescribe different months in respect ofdifferent parliamentary constituencies.

(4) No order under this section may prescribe a month the first day of which fallsless than ninety days after the day on which the order is made.

(5) An order under subsection (2) may not be made unless a draft has been laidbefore and approved by resolution of each House of Parliament.

(6) No draft may be laid before Parliament under subsection (4) until the LordChancellor has consulted—

(a) the Attorney General, and(b) the Electoral Commission.

(7) At the same time as any draft order is laid before Parliament under subsection(5), the Lord Chancellor shall also lay before Parliament a report of the outcomeof his consultations in accordance with subsection (6).

(8) In this section, “initial elections” means the first election to be held inaccordance with the provisions of this Act in each parliamentary constituency.

17 Day of subsequent elections of Community Prosecution Lawyers

Each subsequent ordinary election for the office of Community ProsecutionLawyer shall be held on the first Thursday of the month in which the precedingsuch election was held in that parliamentary constituency in the fourth yearafter the preceding ordinary election.

18 By-elections

(1) In any case where a declaration of vacancy has been published in accordancewith the provisions of section 26 (other than a case where subsection (2)applies) a by-election shall be held for the office of Community ProsecutionLawyer.

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(2) This subsection applies in any case where the date on which the vacancy beganis less than three months before the next campaign day for an ordinary electionin the constituency.

(3) The Lord Chancellor may make an order prescribing—(a) the date of a by-election, or(b) arrangements for determining the date of a by-election.

Disqualification for office, etc.

19 Declaration of acceptance of office

(1) A person elected to the office of Community Prosecution Lawyer shall, withina period of one month from the day of the election, make a declaration ofacceptance of office.

(2) A declaration of acceptance of office and a record of acceptance of office shallbe in a form prescribed by the Attorney General by order.

(3) The declaration shall be made before—(a) a Chief Crown Prosecutor,(b) two Crown Prosecutors,(c) a justice of the peace or magistrate in England and Wales, or(d) a commissioner appointed to administer oaths in the Supreme Court.

(4) As soon as practicable after a declaration has been made, and in any casewithin a week, the person or one of the persons before whom the declarationwas made shall deliver the record of acceptance of office to the Director.

(5) In any case where a record of acceptance of office has not been delivered to theDirector within a period of one month from the day of the election, the officeof Community Prosecution Lawyer shall be vacated.

20 Resignation from office

(1) A Community Prosecution Lawyer may at any time resign his office bynotifying the Director of a decision to do so in accordance with the provisionsof this section.

(2) A notification of resignation from office under this section shall be made inwriting and shall specify the date from which the resignation is effective.

(3) The date specified in a notification under subsection (2) shall not be a date—(a) prior to that on which the notification is made,(b) more than three months after that on which the notification is made, or(c) after the next campaign day.

(4) As soon as practicable after the Director receives a notification of resignation inaccordance with the provisions of this section, he shall publish a notice of theresignation, specifying the parliamentary constituency and the date fromwhich the resignation is effective.

(5) Where a notice has been published under subsection (4) relating to theresignation of a Community Prosecution Lawyer, his office shall be vacatedwith effect from the date specified in that notice.

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21 Disqualification by permanent infirmity

(1) Where the Attorney General is satisfied by means of a medical certificate thata Lawyer is disabled by permanent infirmity from the performance of thefunctions of his office, but is for the time being incapacitated from resigning it,the Attorney General may, subject to the provisions of subsection (2), notify theDirector of the Community Prosecution Lawyer’s disqualification bypermanent infirmity.

(2) A notification under this section shall be of no effect unless it is made with theconcurrence of the Director.

(3) A notification of disqualification under this section shall be made in writing.

(4) As soon as practicable after the Director receives a notification ofdisqualification in accordance with the provisions of this section, he shallpublish a notice of the disqualification, specifying the parliamentaryconstituency.

(5) Where a notice has been published under subsection (4) relating to aCommunity Prosecution Lawyer, his office shall be vacated.

22 Legal disqualification for office

(1) Where the name of a person who holds the office of Community ProsecutionLawyer is removed from the Register of persons legally qualified to hold theoffice of Community Prosecution Lawyer in accordance with the provisions ofsection 10, that person shall be disqualified.

(2) If a Community Prosecution Lawyer becomes disqualified under theprovisions of this section, his office shall be vacated.

(3) If a person who is disqualified under this section is returned as a CommunityProsecution Lawyer, his return shall be void.

23 Residency disqualification for office

(1) A Community Prosecution Lawyer shall be required for the effective period tohave his main residence in the parliamentary constituency in respect of whichhe holds his office.

(2) A decision on whether or not a person meets the requirement specified insubsection (1) shall be made in the first instance by the Director.

(3) In any case where, under subsection (2), the Director decides that a person doesnot meet the requirement specified in subsection (1), the Director shall informthe person concerned in writing as soon as practicable, giving reasons for hisdecision.

(4) The Community Prosecution Lawyer concerned may appeal against a decisionunder subsection (3) to the Attorney General.

(5) The decision of the Attorney General on whether or not a person meets thecondition specified in subsection (1) shall be final.

(6) If a Community Prosecution Lawyer becomes disqualified under this section,his office shall be vacated.

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(7) In this section “the effective period” means the period beginning with the dayof election and ending with the next campaign day.

24 Disqualification for office: bankruptcy restrictions order

(1) The following shall be inserted after section 426C of the Insolvency Act 1986(c. 45)—

“426D Disqualification for office as a Community Prosecution Lawyer

(1) A person in respect of whom a bankruptcy restrictions order has effectshall be disqualified—

(a) for holding the office of Community Prosecution Lawyer, and(b) for seeking election to the office of Community Prosecution

Lawyer.

(2) If a Community Prosecution Lawyer becomes disqualified under thissection, his office shall be vacated.

(3) If a person who is disqualified under this section is returned as aCommunity Prosecution Lawyer, his return shall be void.

(4) If a court makes a bankruptcy restrictions order or interim order inrespect of a Community Prosecution Lawyer, the court shall notify theDirector of Public Prosecutions.

(5) If the Secretary of State accepts a bankruptcy restrictions undertakingmade by a Community Prosecution Lawyer, the Secretary of State shallnotify the Director of Public Prosecutions.”

(2) The Secretary of State may by order—(a) make consequential amendment of section 426D of that Act (as inserted

by subsection (1) above);(b) make other consequential amendment of an enactment.

(3) An order under this section may make transitional, consequential or incidentalprovision.

(4) An order under this section may not be made unless a draft has been laidbefore and approved by resolution of each House of Parliament.

25 Other disqualifications for office

(1) A person disqualified for election under section 12 shall also be disqualified forholding the office of Community Prosecution Lawyer.

(2) If a Community Prosecution Lawyer becomes disqualified under this section,his office shall be vacated.

26 Declaration of vacancy

(1) Where an office of Community Prosecution Lawyer has been vacated inaccordance with—

(a) any of the provisions of sections 19 to 23 or section 25 of this Act, or(b) section 426D of the Insolvency Act 1986,

the Director shall, as soon as practicable thereafter, publish a declaration ofvacancy.

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(2) A declaration of vacancy shall specify—(a) the parliamentary constituency concerned, and(b) the date on which the vacancy began.

(3) A declaration of vacancy shall be published in such manner as the Directorthinks fit to enable the declaration to be readily available to members of thepublic.

27 Offence of falsely acting as Community Prosecution Lawyer

(1) It shall be an offence for a person to act or claim to be entitled to act as aCommunity Prosecution Lawyer outside the period specified in accordancewith the provisions of paragraph 5 of Schedule 1.

(2) A person guilty of an offence under subsection (1) shall be liable on summaryconviction to a fine not exceeding level 4 on the standard scale.

PART 3

GENERAL

28 Expenses

There shall be paid out of money provided by Parliament—(a) any expenditure incurred by—

(i) a Minister of the Crown, or(ii) the Electoral Commission

under this Act; and(b) any increase attributable to this Act in the sums payable out of money so

provided under any other Act.

29 Interpretation

In this Act—“anti-social behaviour offence” means an offence designated in

accordance with the provisions of Schedule 2 to this Act;“area” means an area of England and Wales designated for the purposes

of section 1(4) of the Prosecution of Offences Act 1985 (c. 23) (CrownProsecution Service areas);

“Assistant Community Prosecution Lawyer” means a person sodesignated in accordance with the provisions of paragraph 3(2) ofSchedule 1 to this Act;

“by-election” has the meaning given in section 14;“campaign day” means the day prescribed in accordance with regulations

under section 14;“a Chief Crown Prosecutor” means a person so designated under section

1(4) of the Prosecution of Offences Act 1985 (Crown ProsecutionService areas);

“chief officer of police” has the same meaning as in section 101 of thePolice Act 1996 (c. 16) (interpretation);

“conduct of proceedings” and cognate expressions shall be construed inaccordance with the provisions of section 15(3) of the Prosecution ofOffences Act 1985 (references to the conduct of proceedings);

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“a Crown Prosecutor” means a person so designated under section 1(3) ofthe Prosecution of Offences Act 1985 (c. 23) (designation of CrownProsecutors);

“Deputy Community Prosecution Lawyer” means a person so designatedin accordance with the provisions of paragraph 3(3) of Schedule 1 tothis Act;

“the Director” means the Director of Public Prosecutions;“institution of proceedings” and cognate expressions shall be construed in

accordance with the provisions of section 15(2) of the Prosecution ofOffences Act 1985 (institution of proceedings);

“members of the legal staff of a Community Prosecution Lawyer” has themeaning given in paragraph 3(6) of Schedule 1 to this Act;

“ordinary election” has the meaning given in section 14;“parliamentary constituency” has meaning given in section 1 of the

Parliamentary Constituencies Act 1986 (c. 56) (parliamentaryconstituencies);

“police area” has the meaning given in section 1 of the Police Act 1996(c. 16) (police areas);

“the Register” means the Register maintained in accordance with theprovisions of section 9 of this Act;

“relevant police force” means a police force maintained by a policeauthority under the Police Act 1996 for which the police area includesthe whole or part of the parliamentary constituency in respect of whichthe Community Prosecution Lawyer is elected;

“responsibility for proceedings” has the meaning given in section 7 of thisAct;

“staff of a Community Prosecution Lawyer” has the meaning given inparagraph 3(6) of Schedule 1.

30 Orders and regulations

(1) Every power conferred by this Act on a Minister of the Crown to make ordersor regulations is a power exercisable by statutory instrument.

(2) A statutory instrument containing an order or regulations made in exercise ofany such power, other than—

(a) an order under section 32(1), or(b) any order that is required, by any provision of this Act, to be laid before

Parliament and approved in draftshall be subject to annulment in pursuance of a resolution of either House ofParliament.

31 Minor and consequential amendments and repeal

(1) Schedule 3 (which makes minor and consequential amendments to other Acts)shall have effect.

(2) The provision specified in Schedule 4 is hereby repealed to the extent specifiedin the second column of that Schedule.

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32 Commencement and transitional provisions

(1) This Act (except the provisions listed in subsection (2), which come into forceon the passing of this Act) shall come into force on such day as the AttorneyGeneral may by order appoint.

(2) Those provisions are sections 29 and 33 and this section.

(3) A Minister of the Crown may by order make such transitional provision as heconsiders appropriate in connection with the coming into force of anyprovision of this Act.

(4) An order under this section may modify any Act or subordinate legislation.

(5) Every power of a Minister of the Crown to make an order under this sectionincludes power—

(a) to make different provision for different cases (including differentprovision in respect of different parliamentary constituencies);

(b) to make provision subject to such exemptions and exceptions as theMinister thinks fit; and

(c) to make such incidental, supplemental and consequential provision asthe Minister thinks fit.

33 Short title and extent

(1) This Act may be cited as the Community Prosecution Lawyers Act 2003.

(2) This Act extends to England and Wales only.

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S C H E D U L E S

SCHEDULE 1 Section 1

OPERATIONS OF THE OFFICE OF COMMUNITY PROSECUTION LAWYER

Remuneration, etc. of Community Prosecution Lawyers and their staff

1 (1) The Attorney General shall—(a) pay to Community Prosecution Lawyers such remuneration and

allowances, and(b) pay such pension to or in respect of Community Prosecution Lawyers or

make such payments towards the provision of such pensionas the Attorney General may determine.

(2) A Community Prosecution Lawyer may pay to his staff such remuneration andallowances as he may, with the approval of the Attorney General, determine.

(3) A Community Prosecution Lawyer may—(a) pay such pension to or in respect of his staff;(b) make such payments towards the provision of such pensions; or(c) provide and maintain such schemes (whether contributory or not) for the

payment of such pensionsas he may, with the approval of the Attorney General, determine.

(4) Any reference in sub-paragraphs (1) or (3) to the payment of pensions to or inrespect of Community Prosecution Lawyers or their staff includes a reference to thepayment of pensions by way of compensation to or in respect of any CommunityProsecution Lawyers or their staff who suffer loss of office or employment or loss ordiminution of emoluments.

Land and premises

2 (1) A Community Prosecution Lawyer, for the purpose of providing himselfand his staff with office or other accommodation in connection with theexercise of any of his functions, may, with the approval of the AttorneyGeneral, acquire land, erect and maintain buildings or other structuresthereon, and, when the land is no longer required for such purpose, disposeof it.

(2) Any land occupied by a Community Prosecution Lawyer shall, for thepurpose of any rate on property, be treated as if it were property occupiedby or on behalf of the Crown for public purposes.

(3) The Attorney General may by regulations prescribe arrangements for thetransfer of land or premises, or any part thereof, from the CrownProsecution Service to Community Prosecution Lawyers.

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Staff of and Deputy to a Community Prosecution Lawyer

3 (1) A Community Prosecution Lawyer may appoint such staff as, with the approval ofthe Attorney General as to numbers and other terms and conditions, he considersnecessary for the discharge of his functions.

(2) A Community Prosecution Lawyer may designate any member of his staffwho has a general qualification (within the meaning of section 71 of theCourts and Legal Services Act 1990 (c. 41) (qualification for judicial andcertain other appointments)) for the purposes of this sub-paragraph, andany person so designated shall be known as an Assistant CommunityProsecution Lawyer.

(3) A Community Prosecution Lawyer shall designate a person who has ageneral qualification (within the meaning of section 71 of the Courts andLegal Services Act 1990 (qualification for judicial and certain otherappointments)) for the purposes of this sub-paragraph, and any person sodesignated shall be known as a Deputy Community Prosecution Lawyer.

(4) A person may be designated in accordance with the provisions of sub-paragraph (3) by more than one Community Prosecution Lawyer.

(5) Except as otherwise provided for under this Act, every AssistantCommunity Prosecution Lawyer and every Deputy CommunityProsecution Lawyer may exercise all of the functions of the CommunityProsecution Lawyer by whom that person has been so designated, but shallexercise those functions under the direction of that Community ProsecutionLawyer.

(6) For the purposes of this Act—“members of the legal staff of a Community Prosecution Lawyer”

means persons designated by a Community Prosecution Lawyer inaccordance with the provisions of sub-paragraphs (2) and (3); and

“staff of a Community Prosecution Lawyer” means—(a) persons appointed in accordance with the provisions of sub-

paragraph (1); and(b) persons designated by a Community Prosecution Lawyer as

a Deputy Community Prosecution Lawyer, whether or notthat person is appointed in accordance with the provisionsof sub-paragraph (1).

Powers of non-legal staff

4 (1) A Community Prosecution Lawyer may designate, for the purposes of thisparagraph, members of his staff who are not members of his legal staff.

(2) Subject to such exceptions (if any) as may be specified in the designation, aperson so designated shall have such functions as may be specified undersub-paragraph (3) or (4).

(3) The powers and rights of audience of a member of the legal staff of aCommunity Prosecution Lawyer in relation to applications for, or relatingto, bail in criminal proceedings on an offence which is not triable onindictment may be specified under this sub-paragraph.

(4) The powers and rights of audience of a member of the legal staff of aCommunity Prosecution Lawyer in relation to the conduct of criminal

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proceedings in magistrates’ courts other than trials may be specified underthis sub-paragraph.

(5) A person so designated shall exercise any such powers subject toinstructions given to him by the Community Prosecution Lawyer of whosestaff he is a member.

(6) Any such instructions may be given so as to apply generally.(7) For the purposes of this paragraph a trial begins with the opening of the

prosecution case after the entry of a plea of not guilty and ends with theconviction or acquittal of the accused.

Period of exercise of functions by Community Prosecution Lawyer

5 (1) Unless otherwise provided for under this Act, a Community ProsecutionLawyer shall exercise his functions for the period specified in thisparagraph.

(2) The period specified in this paragraph begins on the day after the day onwhich the record of a Community Prosecution Lawyer’s declaration ofacceptance of office is delivered to the Director in accordance with theprovisions of section 19.

(3) The period specified in this paragraph ends on—(a) the day before the campaign day, or(b) any earlier day specified in accordance with the provisions of sub-

paragraphs (4) to (8).(4) In any case where a Community Prosecution Lawyer resigns his office in

accordance with the provisions of section 20, the period specified in thisparagraph ends on the effective date given in the notification of resignation.

(5) In any case where a Community Prosecution Lawyer is disqualified fromoffice by the provisions of section 10 (as applied by section 22), the periodspecified in this paragraph ends on the date of the removal of his name fromthe Register.

(6) In any case where a Community Prosecution Lawyer is disqualified fromoffice by the provisions of section 12(1) (as applied by section 25), the periodspecified in this paragraph ends on the date of the passing on him of thesentence.

(7) In any case where a Community Prosecution Lawyer is disqualified fromoffice by the provisions of section 12(2) (as applied by section 25), the periodspecified in this paragraph ends on the date of his conviction.

(8) In any other case where a declaration of vacancy has been published inrespect of the Community Prosecution Lawyer, the period specified in thisparagraph ends on the date specified in the relevant declaration undersection 26.

Exercise of functions by Deputy Community Prosecution Lawyer, etc.

6 (1) A Deputy Community Prosecution Lawyer shall exercise the functions ofthe Community Prosecution Lawyer by whom he was so designated at anytime outside the period specified in accordance with the provisions ofparagraph 5 of this Schedule.

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(2) A Deputy Community Prosecution Lawyer may exercise the functions of theCommunity Prosecution Lawyer by whom he was so designated at any timewhen a Community Prosecution Lawyer is permitted to exercise hisfunctions in accordance with the provisions of paragraph 5 of this Schedule,but is temporarily unable to do so by reason of illness, imprisonment orabsence abroad or for any other reason.

(3) In any period where a Deputy Community Prosecution Lawyer is permittedto exercise the functions of a Community Prosecution Lawyer in accordancewith the provisions of sub-paragraph (1) or (2), but is unable so to do for anyreason, the Director may designate a person as Acting Deputy CommunityProsecution Lawyer.

(4) No person may be designated by the Director under sub-paragraph (3)except—

(a) a Community Prosecution Lawyer elected for a parliamentaryconstituency in the same area as the parliamentary constituency forwhich the Acting Deputy Community Prosecution Lawyer is to bedesignated, or

(b) a person designated as a Deputy Community Prosecution Lawyer bya Community Prosecution Lawyer in the same area as theparliamentary constituency for which the Acting DeputyCommunity Prosecution Lawyer is to be designated.

(5) A designation under sub-paragraph (3) shall specify the period duringwhich a person is to exercise functions as a Deputy Community ProsecutionLawyer.


ANTI-SOCIAL BEHAVIOUR OFFENCES

Initial anti-social behaviour offences

1 The offences specified in the table shall be the initial anti-social behaviouroffences for the purposes of this Act.

Statutory provision Offence

Section 72 of the Highway Act 1835 (c. 50) Riding on a footway committed by cycling.

Paragraph 10 of section 54 of the MetropolitanPolice Act 1839 (c. 47)

Affixing posters, etc.

Section 80 of the Explosives Act 1875 (c. 17) Throwing fireworks in a thoroughfare.

Section 20(1) of the London County Council(General Powers) Act 1954

Defacement of streets with slogans etc.

Section 91 of the Criminal Justice Act 1967(c. 80)

Disorderly behaviour while drunk in a publicplace).

Section 19 of the Firearms Act 1968 (c. 27) Carrying firearm or imitation firearm in a publicplace.

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Designation of further anti-social behaviour offences, etc.

2 (1) The Secretary of State may by order designate further offences under anyenactment (whenever passed) as anti-social behaviour offences for thepurposes of this Act.

(2) The power under sub-paragraph (1) includes a power to remove offencespreviously designated as anti-social behaviour offences, whether underparagraph 1 of this Schedule or under an earlier order.

(3) An order under sub-paragraph (1) may not be made unless a draft has beenlaid before and approved by resolution of each House of Parliament.

(4) No draft may be laid before Parliament under sub-paragraph (3) until theSecretary of State has consulted the persons specified in sub-paragraph (5)about the proposals to be contained in the draft order.

(5) Those persons are—(a) the Attorney General,(b) chief officers of police,(c) Community Prosecution Lawyers, and(d) the Director.

Section 1(1) of the Criminal Damage Act 1971(c. 48)

Damaging property, involving only the paintingor writing on, or the soiling, marking or otherdefacing of, any property by whatever means.

Section 131(2) of the Highways Act 1980 (c. 66)(including that provision as applied by section27(6) of the Countryside Act 1968 (c. 41))

Damaging highway, involving only an act ofobliteration.

Section 132(1) of the Highways Act 1980 Painting or affixing things on structures on thehighway etc.

Section 444(1) of the Education Act 1996 (c. 56) Failure to secure regular attendance at school ofregistered pupil.

Section 1(10) of the Crime and Disorder Act1998 (c. 37)

Actions contrary to prohibition in anti-socialbehaviour order.

Section 12 of the Criminal Justice and PoliceAct 2001 (c. 16)

Consumption of alcohol in designated publicplace.

Section 50(2) of the Police Reform Act 2002(c. 30)

Failure by person acting in an anti-social mannerto provide correct name and address to aconstable.

Section 4 of the Anti-social Behaviour Act 2003(c. 00)

Offences relating to premises where drugs usedunlawfully subject to closure notice.

Section 31 of the Anti-social Behaviour Act 2003 Contravention of direction relating to dispersal ofgroups and removal of persons under sixteen totheir place of residence.

Section 45(4) of the Anti-social Behaviour Act2003

Noisy premises open in breach of closure order.

Section 53(1) of the Anti-social Behaviour Act2003

Sale of an aerosol paint container to a personunder the age of eighteen.

Statutory provision Offence

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(6) At the same time as any draft order is laid before Parliament under sub-paragraph (3), the Secretary of State shall also lay before Parliament a reporton the outcome of the consultations undertaken in accordance with sub-paragraph (4).


MINOR AND CONSEQUENTIAL AMENDMENTS

Firearms Act 1968

1 In section 51(4) of the Firearms Act 1968 (c. 27) (limitation on prosecutionand punishment of offences), at the end, there shall be inserted “or by aCommunity Prosecution Lawyer in the case of an offence under section 19”.

Solicitors Act 1974

2 In paragraph 2(2A) of Schedule 2 to the Solicitors Act 1974 (c. 47), at the end,there shall be inserted “or a Community Prosecution Lawyer or a member ofthe legal staff of a Community Prosecution Lawyer”.

House of Commons Disqualification Act 1975

3 In Part 3 of Schedule 2 to the House of Commons Disqualification Act 1975(c. 24) (other disqualifying offices), in the appropriate place, there shall beinserted—

“Community Prosecution Lawyer”.

Prosecution of Offences Act 1985

4 (1) The Prosecution of Offences Act 1985 (c. 23) shall be amended as follows.(2) In section 3(2) (functions of the Director), after the words “the Criminal

Justice Act 1987”, there shall be inserted “or the Community ProsecutionLawyers Act 2003”.

(3) After section 5(2) (conduct of prosecutions on behalf of the Service), thereshall be inserted—

“(3) Except where subsection (4) applies, nothing in subsection (2) shallpermit the Director to give instructions to a Community ProsecutionLawyer or the staff of a Community Prosecution Lawyer aboutproceedings relating to anti-social behaviour offences.

(4) This subsection applies where proceedings relating to an anti-socialbehaviour offence have been transferred in accordance with theprovisions of section 7 of the Community Prosecution Lawyers Act2003.”

(4) In section 6(1) (prosecutions instituted and conducted otherwise than by theService), for the words “subsection (2)”, there shall be substituted the words“subsections (2) and (3)”.

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(5) After section 6(2), there shall be inserted—

“(3) Except where subsection (4) applies, subsection (2) does not apply tothe institution or conduct of proceedings relating to anti-socialbehaviour offences by a Community Prosecution Lawyer or by thestaff of a Community Prosecution Lawyer.


(6) After section 7(4) (delivery of recognisances etc. to Director), there shall beinserted—

“(5) The duty imposed on every justices’ chief executive by virtue ofsubsection (4) does not apply in respect of any proceedings relatingto anti-social behaviour offences instituted or conducted by aCommunity Prosecution Lawyer or by the staff of a CommunityProsecution Lawyer, except where subsection (6) applies.


(7) In section 15(1) (interpretation), there shall be inserted, at the appropriateplace in alphabetical order—

“anti-social behaviour offences” has the same meaning as in Schedule 2to the Community Prosecution Lawyers Act 2003;

“a Community Prosecution Lawyer” means a person holding office inaccordance with the provisions of Part 2 of the CommunityProsecution Lawyers Act 2003;

“staff of a Community Prosecution Lawyer” has the same meaning asin paragraph 3(6) of Schedule 1 to the Community ProsecutionLawyers Act 2003;”.

(8) In section 17(6) (meaning of “public authority”), after paragraph (b), thereshall be inserted—

“(bb) a Community Prosecution Lawyer;”.(9) In section 22B(2) (re-institution of stayed proceedings), after paragraph (a),

there shall be inserted—“(aa) in the case of proceedings conducted by a Community

Prosecution Lawyer, that Community Prosecution Lawyer sodirects;”.

Criminal Justice Act 1988

5 In section 89(5) of the Criminal Justice Act 1988 (c. 33) (compensation), afterparagraph (b), there shall be inserted—

“(bb) where the person in default was a Community ProsecutionLawyer or acting on behalf of a Community ProsecutionLawyer, by that Lawyer;”.

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Courts and Legal Services Act 1990

6 In section 31A(1) of the Courts and Legal Services Act 1990 (c. 41) (employedadvocates), after the words “Crown Prosecutor”, there shall be inserted thewords “, as a Community Prosecution Lawyer or as a member of the legalstaff of a Community Prosecution Lawyer”.

Bail (Amendment) Act 1993

7 In section 1(2) of the Bail (Amendment) Act 1993 (c. 26) (prosecution right ofappeal), after paragraph (a), there shall be inserted—

“(aa) by or on behalf of a Community Prosecution Lawyer; or”.

Criminal Appeal Act 1995

8 In section 22(4) of the Criminal Appeal Act 1995 (c. 35) (appropriate personsfor the purposes of investigations on behalf of the Criminal Cases ReviewCommission), after paragraph (b), there shall be inserted—

“(bb) in relation to the staff and premises of a CommunityProsecution Lawyer, that Community Prosecution Lawyer;”.


REPEAL

Short title and chapter Extent of repeal

Bail (Amendment) Act 1993 (c.26)

In section 1(1), the word “or” at the end ofparagraph (a)

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Bill 90 (xxxxxx) 53/2

Draft Community Prosecution Lawyers Bill

© Parliamentary copyright House of Commons 2003Applications for reproduction should be made in writing to the Copyright Unit,

Her Majesty’s Stationery Office, St. Clements House, 2-16 Colegate, Norwich, NR3 1BQ

PUBLISHED BY AUTHORITY OF THE HOUSE OF COMMONSLONDON: THE STATIONERY OFFICE

Printed in the United Kingdom byThe Stationery Office Limited

£x.xx net

xxxbarxxx

A

B I L LTo establish the post of Community Prosecution Lawyer for eachparliamentary constituency in England and Wales; to provide for the directelection of such lawyers; to make arrangements for the role of such lawyers inthe prosecution of offences relating to anti-social behaviour; to establish therelationship between such lawyers and the Crown Prosecution Service; andfor connected purposes.

Mr Frank Field,supported by

Kate Hoey, Mr Michael Connartyand Derek Wyatt.

Ordered by The House of Commonsto be Printed, 8th April 2003.

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