Sentencing Act 2020

[F1 342H Variation, renewal or discharge of serious violence reduction order E+W

(1) A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a serious violence reduction order.

(2) Those persons are—

(a) the offender;

(b) the chief officer of police for the police area in which the offender lives;

(c) the chief officer of police for the police area in which the offender committed the offence on the basis of which the order was made;

(d) a chief officer of police who believes that the offender is in, or is intending to come to, the chief officer’s police area;

(e) where the offence on the basis of which the order was made is an offence to which this paragraph applies, the chief constable of the British Transport Police Force.

(3) Paragraph (e) of subsection (2) applies to an offence which—

(a) was committed at, or in relation to, a place within section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 (jurisdiction of British Transport Police Force), or

(b) otherwise related to a railway within the meaning given by section 67 of the Transport and Works Act 1992 or a tramway within the meaning given by that section.

(4) An application under this section must be made in accordance with rules of court.

(5) Before making a decision on an application under this section, the court must hear—

(a) the person making the application, and

(b) any other person within subsection (2) who wishes to be heard.

(6) Subject to subsection (7), on an application under this section the court may make such order varying, renewing or discharging the serious violence reduction order as it thinks appropriate.

(7) The court may renew a serious violence reduction order, or vary such an order so as to lengthen its duration, only if it considers that to do so is necessary—

(a) to protect the public in England and Wales from the risk of harm involving a bladed article or offensive weapon,

(b) to protect any particular members of the public in England and Wales (including the offender) from such risk, or

(c) to prevent the offender from committing an offence involving a bladed article or offensive weapon.

(8) On making an order under this section varying or renewing a serious violence reduction order, the court must in ordinary language explain to the offender—

(a) the effects of the serious violence reduction order (as varied or renewed), and

(b) the powers that a constable has in respect of the offender under section 342E while the serious violence reduction order is in effect.

(9) In this section the “appropriate court” means—

(a) where the Crown Court or the Court of Appeal made the serious violence reduction order, the Crown Court;

(b) where a magistrates’ court made the serious violence reduction order and the application is made by the offender or the chief constable of the British Transport Police Force—

(i) that magistrates’ court, or

(ii) a magistrates’ court for the area in which the offender lives;

(c) where a magistrates’ court made the serious violence reduction order and the application is made by a chief officer of police—

(i) that magistrates’ court,

(ii) a magistrates’ court for the area in which the offender lives, or

(iii) a magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area.]

Textual Amendments

F1 Pt. 11 Ch. 1A inserted (28.4.2022 for specified purposes, 19.4.2023 for the specified purpose and for the specified period of 24 months beginning with that date) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 165(1), 166, 208(4)(u); S.I. 2023/387, regs. 1, 5(1)(a)(2) (with regs. 6-8)