Companion Website

Police Law - Ninth Edition

New Legislation

[New January 2007] The Road Safety Act 2006

The Road Safety Act 2006 received Royal Assent on 8 November 2006. Its provisions are to be brought into force by order with the exception of s 1 (road safety grants and s 49 (disclosure to foreign authorities of licensing and registration information) which will come into force two months after Royal Assent. The prospective provisions of the Act have been included in the 10th edition which will be available early in the New Year. As the provisions are unlikely to come into force before the 9th edition is replaced they are not included in this update.

In summary, provisions of the Act introduce the concept of graduated fixed penalties, taking into account the nature of the offence; its severity; the place at which it occurred; and whether the offender appeared to have committed any other prescribed offence. Vehicle examiners are given powers to issue fixed penalty notices in respect of offences which they may enforce.

A new system of endorsement is introduced which recognises the pending departure of 'counterparts' which are to be replaced by the Secretary of State maintaining 'driver records'. This change will enable police officers to give fixed penalty notices to non-GB residents.

New provisions are made in relation to 'high risk offenders' and 'alcohol ignition locks' are introduced which prevent a vehicle from being driven until an acceptable breath specimen has been provided by certain offenders.

The penalty points to be awarded for speeding offences are altered to 2-6 or appropriate penalty points (fixed penalty). The Secretary of State is empowered to make regulations prohibiting the fitting of a 'speed assessment detection device' and the use of a vehicle fitted with such a device. It is likely that regulations made will not include devices which give warning of fixed camera sites.

There are new offences of causing death by careless or inconsiderate driving; causing death by driving unlicensed, while disqualified, or uninsured; keeping a motor vehicle which does not meet the insurance requirements (no requirement that the vehicle is used on a road or in a public place). A definition of 'driving without due care and attention' is provided requiring a standard of driving which falls below what would be expected of a competent and careful driver (as opposed to far below in the case of dangerous driving). Driving without reasonable consideration for other persons will occur only if persons are inconvenienced by it. The offence against the RTA 1988, s 3A is extended to include failure, without reasonable excuse, to give permission for a specimen taken under s 7A to be submitted for a laboratory test.

Provision is made for reduced penalty points to be awarded where persons are convicted of careless driving, inconsiderate driving, failing to comply with traffic signs, or speeding where they agree to attend a training course in specified circumstances. Other provisions deal with reduced disqualification for attendance on courses.

Conditions may be imposed upon the grant of a full driving licence and arrangements are put in place for the surrender of 'old-style driving licences' (non-photocard licences).

The Vehicles (Crime) Act 2001 is amended to include a new offence of supplying a registration plate bearing a mark which does not comply with regulations relating to 'display'.

The VERA 1994 is amended to permit the Secretary of State to make regulations prescribing the details to be held by DVLA concerning the vehicle and its keeper. The RTA 1988 is amended to permit the Secretary of State to keep records in respect of goods vehicle testing which may be checked against those held under the VERA.

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The Fraud Act 2006

The Fraud Act 2006 also received Royal Assent on 8 November 2006 and its provisions come into force on 15 January 2007.

The Act creates a general offence of fraud which can be committed by means of a false representation, by failure to disclose information and by abuse of position. It also creates new offences of obtaining services dishonestly, of possessing articles for use in frauds, and of making or supplying articles for use in frauds. An offence of fraudulent trading applicable to non-corporate traders is also included in the Act.

The Act repeals the offences under the Theft Act 1968, s 15, 15A, 18 and 20(2) (offences involving deception) and those under the Theft Act 1978, ss 1 and 2 (obtaining service by deception and evasion of liability by deception).

References are included in relation to the affected chapters.

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The Police and Justice Act 2006

The Police and Justice Act 2006 also received Royal Assent on 8 November 2006. It is instrumental in bringing about further police reforms. With the exceptions noted below, none of the substantive provisions are in force at the date of this website.

Part 1 of the Act together with Sch 1 creates the 'National Policing Improvement Agency' which replaces Centrex (the Police Training and Development Authority) and PITO (the Police Information Technology Organisation). It also makes changes to the constitution and functions of police authorities. Sections 7 amends the Police Reform Act 2002 so as to provide that a person designated as a Community Support Officer (CSO) also has (in addition to those particular powers and duties specified in his designation) those standard duties and powers of a CSO which are to be set out in an order by the Secretary of State. Section 8 provides for the powers to deal with truancy to be specified in the designation of a CSO. The powers in relation to truancy are those currently given to police officers. CSOs will be required to produce, on demand, evidence of their designation as a CSO and of any non-standard powers which they have by their designation. It is probable that this will be done by production of a card similar to a warrant card.

Part 2 amends PACE to allow police officers to attach conditions to bail granted at a police station or to street bail. Further amendments permit detention while consideration is being given by the DPP to whether or not to charge a person. It also extends a constable's powers of search at aerodromes The Registrar General is empowered to provide details from death registers for the prevention of crime etc (particularly identity fraud). Extended powers are also provided for the collection of travel information on domestic flights and voyages. Further amendments permit the attachment of punitive provisions to conditional cautions. A power to arrest is provided for breach of a conditional caution.

Part 3 provides for local authorities to have a committee for examining how persons and bodies are tackling crime and disorder. The provisions concerning parenting contracts and parenting orders are amended to permit local authorities and registered social landlords to apply for such contracts and orders. The provisions relating to anti-social behaviour injunctions are also amended.

Part 5 contains miscellaneous provisions, including amendments to the Computer Misuse Act 1990, see Ch 39 below.

The only provisions of the Police and Justice Act 2006 which are in force at the date of this website are those relating to extradition; the abolition of the 'National Policing Plan' (the Secretary of State will provide strategic policing priorities) and provisions which permit police authorities to appoint additional deputy chief constables with the approval of the Secretary of State.

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The Animal Welfare Act 2006

The Animal Welfare Act 2006 also received Royal Assent on 8 November 2006. The only provisions of the Act at present in force are concerned with authority to make regulations, extent and short title. The remainder will be brought into force by order.

In the Act, 'animal' means a vertebrate other than man. An animal is a 'protected animal' if:

1. it is of a kind which is normally domesticated in the British Islands;
2. it is under the control of man whether on a permanent or temporary basis; or
3. it is not living in a wild state.

Section 4 of the Act is concerned with causing unnecessary suffering to a protected animal by an act or a failure to act. Section 5 deals with 'mutilation' (a prohibited procedure - interference with the sensitive tissues or bone structure of an animal, other than a medical procedure), and s 6 with an offence of 'docking a dog's tail' otherwise than for medical purposes. There is an exception for working dogs (certified as such by a vet) not more than five days old. The administration of a poison or noxious substance is prohibited, with specified exceptions, by s 7 and persons involved in dog fights (in all ways from publicising events to providing premises) commit an offence against s 8.

Persons who are responsible for (or in charge of) a protected animal, whether on a permanent or temporary basis, commit an offence if they permit or fail to take reasonable steps to prevent the commission of any of the above offences by another person.

The Act is also concerned with the duties of responsible persons in relation to animal welfare and for the service of improvement notices where inspectors find that responsible persons are not carrying out these duties. The sale or transfer of an animal to a person under sixteen is made an offence. The various national authorities are empowered to make regulations for the purpose of promoting animal welfare. Measures are also introduced for the licensing or registration of activities involving animals.

The Act is also concerned with the making of codes of practice; with powers related to animals in distress; with enforcement powers related to the seizure of animals involved in fighting, and search warrants in respect of them; with warrants, and entry to arrest in respect of various offences under the Act; and with the inspection of records and premises. It also provides 'post conviction powers' concerning disqualification, seizure and destruction of animals.

'Inspectors' for the purposes of the Act are those persons appointed by a national or local authority for the purpose.

Acts carried out during the course of fishing are outside the provisions of the Act.

The existing provisions of the Metropolitan Police Act, s 47; the Town Police Clauses Act 1847, s 36; the Protection of Animals Act 1911, ss 1-3 (cruelty, destruction and deprivation of animals), s 5-5B (entry by constables and attendance and advertising dog fights), ss 7, 9 and 11 (pounds, poisons and dogs for drawing carts etc); together with certain definitions included in the Act; are included within the prospective repeals.