The Anti-social Behaviour Crime and Policing Bill: Debate in Parliament

This note follows the progress of the Anti-social Behaviour, Crime and Policing Bill through Parliament. A companion paper, Library Research Paper 13/34, Anti-social Behaviour, Crime and Policing Bill, provides more detailed background and analysis of the Bill’s provisions. This paper is designed to highlight the main areas of debate.

The Bill is a wide ranging one. Parts 1-6 cover anti-social behaviour, whilst the remaining parts would bring in changes to the law on a number of different areas including dangerous dogs; firearms; forced marriage; the police; extradition; terrorism; prosecutions for low-level shoplifting; and compensation for miscarriages of justice.

There were very few substantive amendments to the anti-social behaviour provisions in committee. Two were designed to make sure courts avoided conflicts with caring responsibilities when setting prohibitions and requirements, both for the new Injunctions to Prevent Nuisance and Annoyance (IPNAs) and for Criminal Behaviour Orders (CBOs). The minister had argued against this, but the first amendment went through without division, and the Government did not oppose the second one. A further amendment would allow head teachers and Further Education college principals to apply for IPNAs; this was in the context of debate about how IPNAs might be used to deal with bullying. The Government is seeking to reverse all of these amendments on report. However, on a number of issues where they undertook to consider non-Government amendments in committee, they are introducing amendments on report which take some of the points made on board.

There were a number of points in the debate where Committee members asked about the guidance which the Government would issue on anti-social behaviour provisions. The Government has produced draft guidance in time for report and third reading.

There were some fairly minor or technical Government amendments to the Bill’s provisions on the Independent Police Complaints Commission.

In addition, Government new clauses were added which would:

• Allow police and crime commissioners to appoint chief constables from overseas police forces

• Ensure that biological samples taken for police investigations which might be needed in evidence in court would not have to be destroyed within six months under a provision in the Protection of Freedoms Act 2012

• Introduce new powers to seize cancelled passports

• Make changes to the Extradition Act 2003 with respect to the European Arrest Warrant

The Government has tabled a number of New Clauses and amendments to be considered on report and published a letter to the shadow Home Office minister David Hanson giving details.