Crime and Security Act 2010
Official Summary
A Bill to make provision about police powers of stop and search; about the taking, retention, destruction and use of evidential material; for the protection of victims of domestic violence; about injunctions in respect of gang-related violence; about anti-social behaviour orders; about the private security industry; about possession of mobile telephones in prison; about air weapons; and for connected purposes.
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Overview
The Crime and Security Act 2010 is a UK law that broadened police powers, established protections for domestic violence victims, addressed gang violence, and made provisions for compensating victims of overseas terrorism. It also included changes to the private security industry and prison security regulations.
Description
This act significantly altered several aspects of UK law. Key changes include:
- Expanded Police Powers: The Act amended the Police and Criminal Evidence Act 1984, increasing the circumstances under which police can take fingerprints and DNA samples without consent. This applies to individuals arrested, charged, cautioned, or convicted of specified offences, including those committed outside England and Wales. The act also introduced stricter record-keeping requirements for stop and searches.
- Domestic Violence Protection Notices and Orders: New powers were granted to police to issue Domestic Violence Protection Notices (DVPNs) and Domestic Violence Protection Orders (DVPOs), offering immediate protection to victims of domestic abuse. These orders can restrict an abuser's contact with a victim and their access to their shared home.
- Gang-Related Violence: Amendments to the Policing and Crime Act 2009 lowered the minimum age for injunctions aimed at preventing gang violence to 14 years old. It also introduced mandatory review hearings when respondents reach 18.
- Anti-Social Behaviour Orders: Changes were made requiring reports on family circumstances before applications for ASBOs against individuals under 16.
- Private Security Industry: The Act extended licensing schemes and approval schemes to cover a broader range of private security activities, including vehicle immobilisation and removal. It also created a system for appeals against charges for vehicle release.
- Prison Security: New offences were created relating to possession of electronic communication devices within prisons.
- Air Weapons: A new offence was introduced for failing to prevent minors from accessing air weapons.
- Compensation for Victims of Overseas Terrorism: The Act established a compensation scheme for UK citizens injured in acts of terrorism overseas since January 18, 2010.
- Alcohol Sale Restrictions: Licensing authorities gained the power to restrict alcohol sales in the early morning hours.
- Searches of Controlled Persons: The act expanded powers for searching controlled persons under the Prevention of Terrorism Act 2005.
Government Spending
The act increased government spending in several areas, most notably through the establishment of the Victims of Overseas Terrorism Compensation Scheme. While exact figures aren't provided in the bill text, the cost is expected to be significant and will depend on the number of successful claims. Further spending was also associated with the administration of the expanded DNA database and other provisions of the act.
Groups Affected
- Police: Increased powers and responsibilities related to stop and search, DNA collection, and domestic violence.
- Suspects/Offenders: Increased potential for fingerprint and DNA collection without consent. More stringent restrictions on those convicted of certain crimes.
- Victims of Domestic Violence: Greater legal protection through DVPNs and DVPOs.
- Victims of Overseas Terrorism: Potential for financial compensation.
- Private Security Industry: Expanded licensing and approval requirements.
- Prisoners: Stricter controls on possessing electronic devices.
- Minors: Increased legal protections regarding access to air weapons.
- Businesses Selling Alcohol: Potential for earlier closing times due to new early morning alcohol restriction orders.
- Individuals Subject to Control Orders: Greater potential for search and seizure.
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