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Prevention of Gun, Knife and Gang Related Crime Bill

A

BILL

To

Make provision for the prevention and reduction of gun, knife and gang related crime by local government authorities, to ensure the adequate funding of such plans by the Secretary of State, to provide for youth and educational and related facilities in local government areas, and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: –

Duty on local and central government to prevent gun and knife crime

1. Duties on local government areas to formulate plans to prevent gun and knife crime

• It shall be the duty of each local government area to exercise its functions to prevent and reduce gun, knife and gang related crime in its area.

• A body to which this Bill applies shall be under a general duty to secure that facilities are provided by it to ensure the prevention and reduction of gun, knife and gang related crime.

• The responsible authorities for a local government area shall –

1. formulate and implement, for each relevant period, a strategy for the prevention and reduction of gun, knife and gang related crime in its area;
2. before formulating such a strategy the responsible authority shall:
   • carry out a review of the levels and patterns gun, knife and gang related crime in its area;
   • prepare an analysis of the results of that review;
   • publish a report of that analysis which shall be made public and submitted to the Secretary of State.
   • consult with the Probation Service, the Youth Justice Board and all other relevant statutory and voluntary agencies.
   • obtain the views on that report of a diverse cross section of persons resident in that area;
3. the strategy shall include:

• the objectives to be pursued by the relevant authority;
• long and short term objectives for measuring the extent to which the strategy is achieved.
  1. Whilst implementing the strategy the responsible authority shall keep it under review with a view to monitoring its effectiveness and making any changes to it that appear necessary or expedient.

2. Definition of local government area

The functions conferred above shall be exercisable in relation to each local government authority by the responsible authority. That is to say:

1. The Council for the area; or
2. The Council for the County which might include the district. and
3. Every Chief Officer of Police, whose area lies within the local government area.

3. Duty to Cooperate

• In exercising the above duties the responsible authorities shall act in statutory cooperation with the following persons and bodies, namely:

1. Every Police Authority which lies within the area;
2. Every Probation Trust or Board or Health Authority that lies within the area; and
3. Any other person or body which is prescribed by order by the Secretary of State.

(2) It shall be the duty of those persons or bodies to cooperate fully in the exercise by the responsible body of those duties.

4. Notification to Secretary of State

It shall be the duty of each local government area to identify any district or housing estate which has serious incidents of gun, knife and gang related crime, and notify the Secretary of State.

5. Production of Action Plans

It shall be the duty of the local government area in conjunction with the Secretary of State to produce an action plan within 12 months of the identification of an district or housing estate aimed at preventing and reducing inequality and the causes of gun, knife and gang related crime. In doing so the local government area will consult with all other relevant statutory and voluntary bodies.

6. Duty to fund local government areas

It shall be duty of the Secretary of State to ensure that adequate funds are available on a statutory basis for each local government area to carry out its preventative and reductionist duties in respect of gun, knife and gang related crime.

7. Duties to submit reports

It shall be duty of each local government area to submit a report to the Secretary of State about any fatality involving gun or knife crime where the victim is aged 21 years or less.

8. Duties to provide youth facilities

It shall be the duty of each local government area in conjunction with the Secretary of State to produce plans for youth education and related activities, to ensure trasition from education into the labour market and to produce a timetable for their implementation.

9. Delegation of duties

The local government area shall have the power to delegate its responsibilities to other statutory and voluntary sector agencies as appropriate. The local government area should ensure and such body has sustainable funding to allow it to carry out the delegated duties.

10. Duty to produce annual report

It shall be the duty of each local government area to produce an annual report detailing what action they have taken to reduce and prevent gun, knife and gang related crime and inequality, and to determine need, in their area and what objectives are set for the next 12 months.

11. Duties of Crime and Disorder Partnerships

Functions conferred on local government areas by the provisions of this Bill shall be carried out by Crime and Disorder partnerships or any other body deemed suitable by the Secretary of State.

12. Duty on conflict resolution

It shall be the duty of each local government area to provide resources for conflict resolution in schools and communities within its area.

13. Duty on inequality

It shall be the duty of the Secretary of State to ensure that statutory funding to reduce and prevent gun, knife and gang related crime for each local government area shall be used to reduce inequality with its area.

14. Duty to produce National Strategy

It shall be the duty of the Secretary of State to produce a national strategy in respect of gun, knife and gang related crime, to reduce inequality and violence in local government areas.

15. Exemptions from civil and criminal action

No proceedings, whether civil or criminal, shall apply against any person in respect of the provisions of this Bill.

16. Extent

This Act extends to England and Wales.

17. Commencement

This Act shall come into force on such a day as the Secretary of State may by order appoint

18. Short title

This Act may be cited as the Prevention of Gun, Knife Gang Crime Act 2009.