Police Reform
The Police and Justice Act 2006
The Police and Justice Act 2006 received Royal Assent on 8 November 2006. It has helped to build safer communities by making sure key elements of the government’s police reform programme and the Respect Action Plan are implemented. The Act will also help sustain further improvements in police performance at neighbourhood, force, national and international levels.
All the provisions in the Act extend to England and Wales. In addition, a number also extend to Scotland and Northern Ireland.
Read a copy of the Police and Justice Act 2006 (new window)
Most of the Police and Justice Act 2006 has now been commenced (i.e. has legal effect) and below is a summary of what has been achieved through the act to date.
Police governance
- a number of changes have been made to the composition and method of appointment of members of police authorities by simplifying the arrangements, particularly the process for appointing independent members
- police authorities have been given a number of new functions and powers, including holding the Chief Officer to account
- the Home Secretary now has the ability to confer further functions upon police authorities by order. The Police Authorities (Particular Functions and Transitional Provisions) Order 2008 (new window) has been issued under this power, and requires authorities to monitor their forces in respect of Human Rights and planning procedures, as well as a duty to promote equality and diversity
- a statutory duty now exists for the Home Secretary to consult with the Association of Police Authorities (APA) and the Association of Chief Police Officers (ACPO) on policing legislation.
Police standards and performance
- The National Policing Improvement Agency (NPIA) has been established to identify and spread good practice, assist police forces to deliver the national ‘mission critical’ priorities and provide operational policing support when needed. The NPIA replaced Centrex (which leads on police training and development), the Police Information Technology Organisation (PITO) and some parts of the Home Office
- the Home Secretary now has amended powers to take action where the whole or part of a police force is underperforming
Policing powers
- a standard set of powers has been established to cover all Police Community Support Officers (PCSOs) regardless of their force. It also ensures that PCSOs in all areas have the powers they need to deal with anti-social behaviour and low level crime
- the police now have the power to stop and search any person or vehicle in any area of an airport, where they have reasonable grounds to suspect that criminal activity has, or is about to take place
- Chief Constables are now empowered to accredit Trading Standards Officers (TSOs) with the power to issue Penalty Notices for Disorder (PNDs). This means that the police no longer have to provide an accompanying officer for test purchase operations
- a punitive condition may now be attached to a conditional caution (in addition to the reparative and rehabilitative conditions that are currently allowed). The power of arrest for breach of a conditional caution is now also possible
- courts may now order the permanent confiscation of indecent photographs of children, where before this could only be done where a warrant was issued under child protection law.
Community safety
- the partnership provisions of the Crime and Disorder Act 1998 have been amended to make Crime and Disorder Reduction Partnerships (CDRPs) and Community Safety Partnerships (CSPs) more effective at tackling crime, anti-social behaviour and substance misuse in their communities
- a new mechanism, called the ‘Community Call for Action’, gives communities the means to request action on a community safety issue, which they feel the police or other CDRPs have failed to address adequately
- the Anti-Social Behaviour Act 2003 has been amended to extend the existing range of agencies that can enter into parenting contracts and apply for parenting orders. These will include other parts of the local authorities such as housing officers and anti-social behaviour coordinators as well as registered social landlords.
The future
In the coming months, other parts of the Police and Justice Act 2006 will also be commenced to:
- further reform CDRPs and CSPs
- increase the penalties for computer misuse
- amend the rights of a civilian to exercise police powers
- extend flight information gathering powers
- extend the current live-link hearing trails currently underway in Southwark and Lambeth
