Police and Justice Act 2006

On November 8 2006 the Police and Justice Act 2006 was given Royal Assent; however the majority of the Act will not come into force until 2007. In January, February and September 2006 the Digest reported on the Act extensively during the Bill stage.
The Act will be implemented as laid down in the articles contained in the Digest save for the slight alterations which have been made to the section numbers and to the items specified below:

• The insertion of Section 1A into the Police Act 1996 by Schedule 2 of the 2006 Act which focused on the Basic Command Units regarding the merging of police forces.
• The amendment to Section 32 (3) and (3) (a) Police Act 1996 which removed the word ‘either’ and the word ‘and’ from the section. The section remains as it was written below:

Section 32(3) –the Secretary of State shall not exercise his power under this section to make alterations unless either:

(a) he has received a request to make the alterations from the police authority for each of the areas affected by them, or

The following Sections of the Act came into force on November 8 2006 upon the Act receiving Royal Assent:

• Section 2 and paragraphs 14 and 15 of Schedule 2 this gives a power for police authorities to appoint additional deputy chief constables with the consent of the Home Secretary.
• Section 2 and paragraphs 24-26 of Schedule 2 which abolishes the National Policing Plan and abolishes the power of the Home Secretary to set strategic priorities for police authorities (this replaces existing power to set objectives).
• Paragraphs 34 and 39 of Schedule 14 to the Act make consequential amendments to Section 94 of the Police Act 1997 and Section 34 of the Regulation of Investigatory Powers Act 2000 in respect of the powers of deputy chief constables and assistant chief constables.

It is anticipated that the following parts of the Act will come into force on or around the specified dates.

January 8 2007

• Section 11 which clarifies the power to detain a person in order to address concerns raised in judicial review cases.
• Sections 23-25 the sections extend the powers of local authorities and registered social landlords to enter into parenting contracts and apply for parenting orders.
• Section 26-27 and Schedule 10 which amend the powers set out in the Anti-Social and Behaviour Act 2003 and Housing Act 1996.
• Sections 42, 43 and Schedule 13 make minor amendments to Extradition Act 2003, except for the provisions on resignation of USA on forum contained in section 43 and paragraphs 4-6 of Schedule 13.
• Section 44 enabling repatriation without consent of a prisoner.
• Schedule 14, paragraph 59 which provides for minor technical changes to the Constitutional Reform Act 2005.

April 2007

• Section 1 and Schedule 1, which establishes the National Policing Improvement Agency (NPIA), and abolishes PITO and Centrex.
• Section 2 and paragraphs 7-8 of Schedule 2, the provisions which make the explicit duty of authorities to hold the chief officer of their force to account and enable other functions to be conferred by order.
• Section 2 and paragraphs 16-17 of Schedule 2, with regard to civilian employees of police authorities and the removal of the Chief Constable consent to the appointment of police authority employees.
• Section 2 and paragraphs 18-20 of Schedule 2 allowing for the title of clerk to the police authority to be renamed chief executive.
• Section 2 paragraphs 21-23 of Schedule 2 which allows for the jurisdiction of special constables to be extended throughout England and Wales.
• Section 2 and paragraphs 27-29 of Schedule 2, where the Act updates the powers to intervene in poor performing forces and authorities.
• Section 2 and paragraph 30 of Schedule 2 which provides power to supplement by regulations a duty on police authorities to make a