Policing and Crime Act 2009
2009 c. 26 · Enacted 12 November 2009 · Extends to United Kingdom
An Act to make provision about the police; to make provision about prostitution, sex offenders, sex establishments and certain other premises; to make provision for reducing and dealing with the abuse of alcohol; to make provision about the proceeds of crime; to make provision about extradition; to amend the Aviation Security Act 1982; to make provision about criminal records and to amend the Safeguarding Vulnerable Groups Act 2006 and the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007; to confer, extend or facilitate search, forfeiture and other powers relating to the United Kingdom's borders or elsewhere; to make further provision for combatting crime and disorder; to repeal redundant provisions; and for connected purposes.
[12th November 2009]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Contents
- Part 1: Police reform
- Public accountability
- 1Duty of police authorities in relation to public accountability
- Appointment of senior officers
- 2Police Senior Appointments Panel
- 3Regulations about senior officers
- 4Metropolitan police force appointments
- Police co-operation
- 5Police collaboration
- 6Authorisations to interfere with property etc
- 7Authorisations for obtaining and disclosing communications data Repealed
- 8Authorisations of covert human intelligence sources: conditions
- 9Authorisations for surveillance etc
- 10Police officers engaged on service outside their force etc
- 11Police equipment
- 12Police procedures and practices
- 13Police facilities and services
- Part 2: Sexual offences and sex establishments
- Prostitution
- 14Paying for sexual services of a prostitute subjected to force etc: England and Wales
- 15Paying for sexual services of a prostitute subjected to force etc: Northern Ireland Repealed
- 16Amendment to offence of loitering etc for purposes of prostitution
- 17Orders requiring attendance at meetings
- 18Rehabilitation of offenders: orders under section 1(2A) of the Street Offences Act 1959
- 19Soliciting: England and Wales
- 20Soliciting: Northern Ireland
- Closure orders: sexual offences
- 21Closure orders
- Orders imposed on sex offenders
- 22Time limits
- 23Foreign travel orders: grounds
- 24Foreign travel orders: duration
- 25Foreign travel orders: surrender of passports
- Indecent photographs of children
- 26Penalty for contravening notice relating to encrypted information
- Sex establishments
- 27Regulation of lap dancing and other sexual entertainment venues etc
- Part 3: Alcohol misuse
- 28Selling alcohol to children
- 29Confiscating alcohol from young persons
- 30Offence of persistently possessing alcohol in a public place
- 31Directions to individuals who represent a risk of disorder Repealed
- 32Mandatory licensing conditions relating to alcohol
- 33Individual members of licensing authorities to be interested parties
- Part 4: Injunctions: gang-related violence and drug-dealing activity
- Power to grant injunctions
- 34Injunctions to prevent gang-related violence and drug-dealing activity
- Contents of injunctions
- 35Contents of injunctions
- 36Contents of injunctions: supplemental
- Applications
- 37Applications for injunctions under section 34
- 38Consultation by applicants for injunctions
- 39Applications without notice
- Interim injunctions
- 40Interim injunctions: adjournment of on notice hearing
- 41Interim injunctions: adjournment of without notice hearing
- Variation and discharge
- 42Variation or discharge of injunctions
- Arrest and remand
- 43Arrest without warrant
- 44Issue of warrant of arrest
- 45Remand for medical examination and report
- 46Further provision about remands
- 46ABreach of injunction: supplementary powers in respect of under-18s
- Appeals
- 46BAppeals against decisions of youth courts
- Miscellaneous
- 47Guidance
- 48Supplemental
- 49Interpretation
- 50Review of operation of this Part
- Part 5: Proceeds of crime
- Confiscation
- 51Recovery of expenses etc
- 52Power to retain seized property: England and Wales
- 53Power to retain seized property: Scotland
- 54Power to retain seized property: Northern Ireland
- 55Search and seizure of property: England and Wales
- 56Search and seizure of property: Scotland
- 57Search and seizure of property: Northern Ireland
- 58Power to sell seized personal property: England and Wales
- 59Power to sell seized personal property: Scotland
- 60Power to sell seized personal property: Northern Ireland
- 61Payment of compensation
- Civil recovery
- 62Limitation
- 63Power to search vehicles
- 64Detention of seized cash
- 65Forfeiture of detained cash
- Detained cash investigations
- 66Transfer of jurisdiction to Crown Court
- Part 6: Extradition
- Alerts
- 67Article 26 alerts
- 68Article 95 alerts
- Deferral of extradition
- 69Extradition to category 1 territory
- 70Extradition to category 2 territory
- 71Person charged with offence or serving sentence of imprisonment
- Return to overseas territory
- 72Return from category 1 territory
- 73Return from category 2 territory
- Extradition to UK
- 74Return to extraditing territory etc
- 75Cases in which sentence treated as served
- 76Dealing with person for other offences
- Ancillary matters
- 77Provisional arrest
- 78Use of live link in extradition proceedings
- Part 7: Aviation security
- 79Security planning for airports
- 80Policing at airports
- Part 8: Miscellaneous
- Chapter 1: Safeguarding vulnerable groups and criminal records
- Renaming of Independent Barring Board
- 81Renaming of Independent Barring Board
- Safeguarding vulnerable groups: England and Wales
- 82Educational establishments: check on members of governing body Not yet in force
- 83Monitoring application Repealed
- 84Monitoring: additional fees Repealed
- 85Vetting information Not yet in force
- 86Notification of cessation of monitoring Not yet in force
- 87Notification of proposal to include person in barred list Not yet in force
- 88Provision of safeguarding information to the police
- 89Barring process Not yet in force
- Safeguarding vulnerable groups: Northern Ireland
- 90Notification of proposal to include person in barred list: Northern Ireland Not yet in force
- 91Provision of safeguarding information to the police: Northern Ireland
- 92Barring process: Northern Ireland Not yet in force
- Criminal records etc
- 93Criminal conviction certificates to be given to employers Not yet in force
- 94Certificates of criminal records etc: right to work information Not yet in force
- 95Criminal conviction certificates: verification of identity Not yet in force
- 96Registered persons
- 97Criminal records: applications
- Chapter 2: Other
- Border controls
- 98General information powers in relation to persons entering or leaving the UK
- 99Powers in relation to cash
- 100Lawful interception of postal items by Revenue and Customs Repealed
- 101Prohibition on importation or exportation of false identity documents etc
- 102Prohibition on importation of offensive weapons Not yet in force
- Football spectators
- 103Prohibiting attendance at matches in Scotland and Northern Ireland etc
- 104Requirements to report at police stations
- 105Enforcement of 1989 Act in Scotland and Northern Ireland
- 106Enforcement of 2006 Act in England and Wales and Northern Ireland
- 107Relevant offences for purposes of Part 2 of 1989 Act
- Other
- 108Strategies for crime reduction etc: probation authorities
- 109Application of aspects of UK law to SOCA employees working abroad
- 110Partial exemption for SCDEA from Firearms Act 1968
- 111Removal of limitation on warrants under Misuse of Drugs Act 1971
- Part 9: General
- 112Minor and consequential amendments and repeals and revocations
- 113Transitional, transitory and saving provision
- 113ANorthern Ireland: minor and consequential amendments etc
- 114Financial provisions
- 115Extent
- 116Commencement
- 117Short title
- Schedule 1: Schedule to the Street Offences Act 1959
- Paragraph
- Schedule 2: Closure orders
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 3: Lap dancing and other sexual entertainment venues etc: transitional provision
- Effect of section 27: cases where no existing resolutions passed
- 1Paragraph 1
- Effect of section 27: cases where existing resolutions in force
- 2Paragraph 2
- Power to make transitional provision on adoption of Schedule 3 to the 1982 Act as amended
- 3Paragraph 3
- Duty to consult about adopting Schedule 3 to the 1982 Act as amended
- 4Paragraph 4
- Interpretation
- 5Paragraph 5
- Schedule 4: Mandatory licensing conditions relating to alcohol
- Part 1: Premises licences
- Types of mandatory conditions
- 1Paragraph 1
- Power of Secretary of State to impose section 19(4) mandatory conditions
- 2Paragraph 2
- Part 2: Club premises certificates
- Mandatory conditions relating to the supply of alcohol to members or guests
- 3Paragraph 3
- Power of Secretary of State to impose section 73A mandatory conditions
- 4Paragraph 4
- Schedule 5: Injunctions: powers to remand
- Introductory
- 1Paragraph 1
- Remand in custody or on bail
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Further remand
- 5Paragraph 5
- Postponement of taking recognizance
- 6Paragraph 6
- Requirements imposed on remand on bail
- 7Paragraph 7
- Schedule 5A: Breach of injunction: powers of court in respect of under-18s
- Part 1: Introductory
- Power to make supervision order or detention order
- 1Paragraph 1
- Part 2: Supervision orders
- Supervision orders
- 2Paragraph 2
- Supervision requirements
- 3Paragraph 3
- Activity requirements
- 4Paragraph 4
- Curfew requirements
- 5Paragraph 5
- Electronic monitoring requirements
- 6Paragraph 6
- “Responsible officer”
- 7Paragraph 7
- Amendment of operative period
- 8Paragraph 8
- Amendment on change of area of residence
- 9Paragraph 9
- Revocation of supervision order
- 10Paragraph 10
- Compliance with supervision order
- 11Paragraph 11
- Non-compliance with supervision order
- 12Paragraph 12
- Copies of supervision order etc
- 13Paragraph 13
- Part 3: Detention orders
- Detention orders
- 14Paragraph 14
- Revocation of detention order
- 15Paragraph 15
- Schedule 6: Amendment of Part 3 of the Aviation Security Act 1982
- Part 1: Amendments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Part 2: Transitional and saving provision
- Transitional provision for designated airports
- 14Paragraph 14
- Repeal of section 30 of the 1982 Act
- 15Paragraph 15
- Schedule 7: Minor and consequential amendments
- Part 1: Police collaboration
- Police Act 1996 (c. 16)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Railways and Transport Safety Act 2003 (c. 20)
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Energy Act 2004 (c. 20)
- 11Paragraph 11
- Part 2: Police authorisations in respect of communications data
- 12Paragraph 12
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Part 3: Sexual offences and sex establishments
- Children and Young Persons Act 1969 (c. 54)
- 18Paragraph 18
- Bail Act 1976 (c. 63)
- 19Paragraph 19
- Child Abduction Act 1984 (c. 37)
- 20Paragraph 20
- Children Act 1989 (c. 41)
- 21Paragraph 21
- Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
- 22Paragraph 22 Repealed
- Licensing Act 2003 (c. 17)
- 23Paragraph 23
- Sexual Offences Act 2003 (c. 42)
- 24Paragraph 24
- 25Paragraph 25
- Sexual Offences (Northern Ireland) Order 2008 (S.I. 1769 (N.I. 2))
- 26Paragraph 26
- Part 4: Alcohol misuse other than mandatory licensing conditions
- 27Paragraph 27
- 28Paragraph 28
- Part 5: Mandatory licensing conditions relating to alcohol
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- Part 6: Proceeds of crime: confiscation
- Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))
- 45Paragraph 45
- Bankruptcy (Scotland) Act 1985 (c. 66)
- 46Paragraph 46 Repealed
- 47Paragraph 47 Repealed
- 48Paragraph 48 Repealed
- 49Paragraph 49 Repealed
- 50Paragraph 50 Repealed
- 51Paragraph 51 Repealed
- 52Paragraph 52 Repealed
- Insolvency Act 1986 (c. 45)
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- Access to Justice Act 1999 (c. 22)
- 65Paragraph 65 Repealed
- Proceeds of Crime Act 2002 (c. 29)
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79
- 80Paragraph 80
- 81Paragraph 81
- 82Paragraph 82
- 83Paragraph 83
- 84Paragraph 84
- 85Paragraph 85
- 86Paragraph 86
- 87Paragraph 87
- 88Paragraph 88
- 89Paragraph 89
- 90Paragraph 90
- 91Paragraph 91
- 92Paragraph 92
- 93Paragraph 93
- 94Paragraph 94
- 95Paragraph 95
- Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))
- 96Paragraph 96
- Part 7: Proceeds of crime: forfeiture of detained cash
- Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))
- 97Paragraph 97
- Access to Justice Act 1999 (c. 22)
- 98Paragraph 98 Repealed
- Proceeds of Crime Act 2002 (c. 29)
- 99Paragraph 99
- 100Paragraph 100
- 101Paragraph 101
- 102Paragraph 102
- 103Paragraph 103
- 104Paragraph 104
- 105Paragraph 105
- 106Paragraph 106
- 107Paragraph 107
- 108Paragraph 108
- 109Paragraph 109
- 110Paragraph 110
- 111Paragraph 111
- Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))
- 112Paragraph 112
- UK Borders Act 2007 (c. 30)
- 113Paragraph 113
- Part 8: Proceeds of crime: detained cash investigations
- 114Paragraph 114
- 115Paragraph 115
- 116Paragraph 116 Not yet in force
- Part 9: Extradition
- 117Paragraph 117
- Part 10: Criminal records
- 118Paragraph 118
- Part 11: Border controls Not yet in force
- 119Paragraph 119 Not yet in force
- 120Paragraph 120 Not yet in force
- Part 12: Football spectators
- 121Paragraph 121
- Part 13: Redundant provisions etc
- Proof of intention to supply a controlled drug
- 122Paragraph 122
- Staff custody officers
- 123Paragraph 123
- 124Paragraph 124
- 125Paragraph 125
- 126Paragraph 126
- Secretary of State's approval of devices for taking fingerprints and samples
- 127Paragraph 127
- 128Paragraph 128
- Additional time limits for prosecuting persons under 18
- 129Paragraph 129
- Access to driver licensing records
- 130Paragraph 130
- 131Paragraph 131
- 132Paragraph 132
- Minor amendment
- 133Paragraph 133
- Local child curfew schemes
- 134Paragraph 134
- Schedule 8: Repeals and revocations
- 1Appointment of senior police officers
- 2Sexual offences
- 3Alcohol misuse
- Part 4: Proceeds of crime: confiscation
- Paragraph
- 5Proceeds of crime: detained cash investigations
- 6Extradition
- 7Security planning at airports
- 8Safeguarding vulnerable groups and criminal records
- 9Border control powers in relation to cash
- 10Offensive weapons Not yet in force
- 11Football spectators
- 12Misuse of Drugs Act 1971: warrants
- 13Redundant provisions