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Police, Crime, Sentencing and Courts Act 2022

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Legislation Crest

Police, Crime, Sentencing and Courts Act 2022

2022 CHAPTER 32

An Act to make provision about the police and other emergency workers; to make provision about collaboration between authorities to prevent and reduce serious violence; to make provision about offensive weapons homicide reviews; to make provision for new offences and for the modification of existing offences; to make provision about the powers of the police and other authorities for the purposes of preventing, detecting, investigating or prosecuting crime or investigating other matters; to make provision about the maintenance of public order; to make provision about the removal, storage and disposal of vehicles; to make provision in connection with driving offences; to make provision about cautions; to make provision about bail and remand; to make provision about sentencing, detention, release, management and rehabilitation of offenders; to make provision about secure 16 to 19 Academies; to make provision for and in connection with procedures before courts and tribunals; and for connected purposes.

[28th April 2022]

Be it enacted by the Queen’s most Excellent Majesty, by and with the 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:—

PART 1U.K.Protection of the police etc

Police covenant reportU.K.

1Police covenant reportU.K.

(1)The Secretary of State must in each financial year—

(a)prepare a police covenant report, and

(b)lay a copy of the report before Parliament.

(2)A police covenant report is a report about—

(a)the health and well-being of members and former members of the police workforce,

(b)the physical protection of such persons,

(c)the support required by members of their families, and

(d)any other matter in relation to members or former members of the police workforce, or a particular description of such persons, that the Secretary of State considers appropriate,

so far as these matters relate to the fact that the persons concerned are members or former members of the police workforce.

(3)In preparing a police covenant report the Secretary of State must have regard in particular to—

(a)the obligations of and sacrifices made by members of the police workforce, and

(b)the principle that it is desirable to remove any disadvantage for members or former members of the police workforce arising from their membership or former membership.

(4)In preparing a police covenant report the Secretary of State must ensure that the views of—

(a)any relevant government department, and

(b)anyone else the Secretary of State considers appropriate,

are sought in relation to the matters to be covered by the report.

(5)A police covenant report must set out in full or summarise any views obtained under subsection (4).

(6)The Secretary of State may not include in a police covenant report a summary under subsection (5) unless the person whose views are summarised has approved the summary.

(7)A police covenant report must state whether, in the Secretary of State’s opinion, in respect of any matter covered by the report, members or former members of the police workforce, or a particular description of such persons, are at a disadvantage when compared with other persons or such descriptions of other persons as the Secretary of State considers appropriate.

(8)Where the Secretary of State’s opinion is that there is any such disadvantage as mentioned in subsection (7), the report must set out the Secretary of State’s response to that.

(9)In this section—

  • financial year” means—

    (a)

    the period which begins with the day on which this section comes into force and ends with the following 31 March, and

    (b)

    each successive period of 12 months;

  • members of the police workforce” means—

    (a)

    members of police forces in England and Wales,

    (b)

    special constables appointed under section 27 of the Police Act 1996,

    (c)

    staff appointed by the chief officer of police of a police force in England and Wales,

    (d)

    persons designated as community support volunteers or policing support volunteers under section 38 of the Police Reform Act 2002,

    (e)

    staff appointed by a local policing body if, or to the extent that, they are employed to assist a police force in England and Wales,

    (f)

    persons providing services, in pursuance of contractual arrangements (but without being employed by the chief officer of a police force in England and Wales or a local policing body), to assist a police force in England and Wales in relation to the discharge of its chief officer’s functions,

    (g)

    constables of the British Transport Police Force,

    (h)

    special constables of the British Transport Police Force appointed under section 25 of the Railways and Transport Safety Act 2003,

    (i)

    employees of the British Transport Police Authority appointed under section 27 of that Act and under the direction and control of the chief constable of the British Transport Police Force,

    (j)

    persons designated as community support volunteers or policing support volunteers under section 38 of the Police Reform Act 2002 as applied by section 28 of the Railways and Transport Safety Act 2003,

    (k)

    members of the Civil Nuclear Constabulary,

    (l)

    employees of the Civil Nuclear Police Authority employed under paragraph 6 of Schedule 10 to the Energy Act 2004 if, or to the extent that, they are employed to assist the Civil Nuclear Constabulary,

    (m)

    members of the Ministry of Defence Police and other persons under the direction and control of the Chief Constable of the Ministry of Defence Police, and

    (n)

    National Crime Agency officers;

  • former members of the police workforce” means persons who have ceased to be members of the police workforce;

  • relevant government department”, in relation to a matter to be covered by a police covenant report, means a department of the Government of the United Kingdom (apart from the Home Office) which the Secretary of State considers has functions relevant to that matter.

(10)The reference in subsection (2) to members of the families of members and former members of the police workforce is a reference to such descriptions of persons connected with members or former members of the police workforce as the Secretary of State considers should be covered by a police covenant report.

Commencement Information

I1S. 1 not in force at Royal Assent, see s. 208(1)

I2S. 1 in force at 28.6.2022 by S.I. 2022/520, reg. 5(a)

Offences against emergency workersE+W

2Increase in penalty for assault on emergency workerE+W

(1)In section 1 of the Assaults on Emergency Workers (Offences) Act 2018 (offence of common assault, or battery, committed against emergency worker), in subsection (2)(b) (penalty for conviction on indictment), for “12 months” substitute “2 years”.

(2)Subsection (1) applies only in relation to offences committed on or after the day on which this section comes into force.

Commencement Information

I3S. 2 in force at 28.6.2022, see s. 208(5)(a)

3Required life sentence for manslaughter of emergency workerE+W

(1)The Sentencing Code is amended in accordance with subsections (2) to (15).

(2)In section 177 (youth rehabilitation orders), in subsection (3)(b)(i), after “258” insert “or 258A”.

(3)In section 221 (overview of Part 10), in subsection (2)(b), for “section 258” substitute “sections 258 and 258A”.

(4)In section 249 (sentence of detention under section 250), in subsection (2)(a), for “section 258” substitute “sections 258 and 258A”.

(5)In section 255 (extended sentence of detention), in subsection (1)(d), after “258(2)” insert “or 258A(2)”.

(6)After section 258 insert—

258ARequired sentence of detention for life for manslaughter of emergency worker

(1)This section applies where—

(a)a person aged under 18 is convicted of a relevant offence,

(b)the offence was committed—

(i)when the person was aged 16 or over, and

(ii)on or after the relevant commencement date, and

(c)the offence was committed against an emergency worker acting in the exercise of functions as such a worker.

(2)The court must impose a sentence of detention for life under section 250 unless the court is of the opinion that there are exceptional circumstances which—

(a)relate to the offence or the offender, and

(b)justify not doing so.

(3)For the purposes of subsection (1)(c) the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker.

(4)In this section “relevant offence” means the offence of manslaughter, but does not include—

(a)manslaughter by gross negligence, or

(b)manslaughter mentioned in section 2(3) or 4(1) of the Homicide Act 1957 or section 54(7) of the Coroners and Justice Act 2009 (partial defences to murder).

(5)In this section—

  • emergency worker” has the meaning given by section 68;

  • relevant commencement date” means the date on which section 3 of the Police, Crime, Sentencing and Courts Act 2022 (required life sentence for manslaughter of emergency worker) comes into force.

(6)An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law.

(7)Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1)(b) to have been committed on the last of those days.

(7)In section 267 (extended sentence of detention in a young offender institution), in subsection (1)(d), for “or 274” substitute “, 274 or 274A”.

(8)In section 272 (offences other than murder), in subsection (2)(b), for “or 274” substitute “, 274 or 274A”.

(9)After section 274 insert—

274ARequired sentence of custody for life for manslaughter of emergency worker

(1)This section applies where—

(a)a person aged 18 or over but under 21 is convicted of a relevant offence,

(b)the offence was committed—

(i)when the person was aged 16 or over, and

(ii)on or after the relevant commencement date, and

(c)the offence was committed against an emergency worker acting in the exercise of functions as such a worker.

(2)The court must impose a sentence of custody for life under section 272 unless the court is of the opinion that there are exceptional circumstances which—

(a)relate to the offence or the offender, and

(b)justify not doing so.

(3)For the purposes of subsection (1)(c) the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker.

(4)In this section “relevant offence” means the offence of manslaughter, but does not include—

(a)manslaughter by gross negligence, or

(b)manslaughter mentioned in section 2(3) or 4(1) of the Homicide Act 1957 or section 54(7) of the Coroners and Justice Act 2009 (partial defences to murder).

(5)In this section—

  • emergency worker” has the meaning given by section 68;

  • relevant commencement date” means the date on which section 3 of the Police, Crime, Sentencing and Courts Act 2022 (required life sentence for manslaughter of emergency worker) comes into force.

(6)An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law.

(7)Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1)(b) to have been committed on the last of those days.

(10)In section 280 (extended sentence of imprisonment), in subsection (1)(d), for “or 285” substitute “, 285 or 285A”.

(11)After section 285 insert—

285ARequired life sentence for manslaughter of emergency worker

(1)This section applies where—

(a)a person aged 21 or over is convicted of a relevant offence,

(b)the offence was committed—

(i)when the person was aged 16 or over, and

(ii)on or after the relevant commencement date, and

(c)the offence was committed against an emergency worker acting in the exercise of functions as such a worker.

(2)The court must impose a sentence of imprisonment for life unless the court is of the opinion that there are exceptional circumstances which—

(a)relate to the offence or the offender, and

(b)justify not doing so.

(3)For the purposes of subsection (1)(c) the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker.

(4)In this section “relevant offence” means the offence of manslaughter, but does not include—

(a)manslaughter by gross negligence, or

(b)manslaughter mentioned in section 2(3) or 4(1) of the Homicide Act 1957 or section 54(7) of the Coroners and Justice Act 2009 (partial defences to murder).

(5)In this section—

  • emergency worker” has the meaning given by section 68;

  • relevant commencement date” means the date on which section 3 of the Police, Crime, Sentencing and Courts Act 2022 (required life sentence for manslaughter of emergency worker) comes into force.

(6)An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law.

(7)Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1)(b) to have been committed on the last of those days.

(12)In section 329 (conversion of sentence of detention to sentence of imprisonment), in subsection (7)(a), after “258” insert “or 258A”.

(13)In section 399 (mandatory sentences), in paragraph (b)(i)—

(a)for “258, 274 or 285” substitute “258, 258A, 274, 274A, 285 or 285A”;

(b)omit “dangerous”.

(14)In section 417 (commencement of Schedule 22), in subsection (3)(d), for “and 274” substitute “, 274 and 274A”.

(15)In Schedule 22 (amendments of the Sentencing Code etc)—

(a)after paragraph 59 insert—

59AIn section 285A (required life sentence for manslaughter of emergency worker), in subsection (1)(a), for “21” substitute “18”.;

(b)in paragraph 73(a)(ii), after “274” insert “, 274A”;

(c)in paragraph 101(2), after “274,” insert “274A,”.

(16)In section 37 of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship)—

(a)in subsection (1A)—

(i)after “258,” insert “258A,”;

(ii)after “274,” insert “274A,”;

(iii)for “or 285” substitute “, 285 or 285A”;

(b)in subsection (1B)—

(i)in paragraph (a), after “258” insert “or 258A”;

(ii)in paragraph (b), for “or 274” substitute “, 274 or 274A”;

(iii)in paragraph (c), for “or 285” substitute “, 285 or 285A”.

Commencement Information

I4S. 3 in force at 28.6.2022, see s. 208(5)(b)

Special constables and Police FederationsE+W+S

4Special constables and Police Federations: amendments to the Police Act 1996E+W+S

(1)The Police Act 1996 is amended as follows.

(2)In section 51 (regulations for special constables), in subsection (2), after paragraph (c) insert—

(ca)the treatment as occasions of police duty of attendance at meetings of the Police Federations and of any body recognised by the Secretary of State for the purposes of section 64;.

(3)Section 59 (Police Federations) is amended as set out in subsections (4) to (7).

(4)For subsection (1) substitute—

(1)There shall continue to be a Police Federation for England and Wales for the purpose of representing members of the police forces in England and Wales, and special constables appointed for a police area in England and Wales, in all matters affecting their welfare and efficiency, except for—

(a)questions of promotion affecting individuals, and

(b)(subject to subsection (2)) questions of discipline affecting individuals.

(5)After subsection (1A) insert—

(1B)There shall continue to be a Police Federation for Scotland for the purpose of representing constables of the Police Service of Scotland in all matters affecting their welfare and efficiency, except for—

(a)questions of promotion affecting individuals, and

(b)(subject to subsection (2A)) questions of discipline affecting individuals.

(6)For subsection (2) substitute—

(2)The Police Federation for England and Wales may—

(a)represent a member of a police force at any proceedings brought under regulations made in accordance with section 50(3) above, or on an appeal from any such proceedings;

(b)represent a special constable at any proceedings brought under regulations made in accordance with section 51(2A) above, or on an appeal from any such proceedings.

(2A)The Police Federation for Scotland may represent a constable of the Police Service of Scotland at any proceedings brought under regulations made in accordance with section 48 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) in so far as relating to the matters described in section 52 of that Act, or on an appeal from any such proceedings.

(7)For subsection (3) substitute—

(3)Except on an appeal to a police appeals tribunal or as provided in regulations made in accordance with section 84—

(a)a member of a police force in England and Wales may only be represented under subsection (2)(a) by another member of a police force or a special constable;

(b)a special constable appointed for a police area in England and Wales may only be represented under subsection (2)(b) by another special constable or a member of a police force;

(c)a constable of the Police Service of Scotland may only be represented under subsection (2A) by another constable of the Police Service of Scotland.

(8)In section 60 (regulations for Police Federations), in subsection (2), in paragraph (e), for the words from the beginning to “requiring” substitute “about the pay, pension or allowances and other conditions of service for any member of a police force or special constable who is the secretary or officer of a Police Federation (including provision which applies existing regulations with modifications), and may require”.

Commencement Information

I5S. 4 in force at Royal Assent for specified purposes, see s. 208(4)(a)

I6S. 4(1)(2) in force at 28.6.2022 in so far as not already in force by S.I. 2022/520, reg. 5(b)

I7S. 4(3)-(8) in force at 28.6.2022 in so far as not already in force by S.I. 2022/520, reg. 5(c)

Police driving standardsE+W+S

5Meaning of dangerous driving: constables etcE+W+S

(1)Section 2A of the Road Traffic Act 1988 (meaning of dangerous driving) is amended in accordance with subsections (2) to (4).

(2)In subsection (1), after paragraph (b) insert “But this subsection does not apply where subsection (1B) applies.”

(3)After subsection (1) insert—

(1A)Subsection (1B) applies where a designated person—

(a)is driving for police purposes (subject to subsections (1E) and (1F)), and

(b)has undertaken prescribed training.

(1B)For the purposes of sections 1, 1A and 2 above, the designated person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if)—

(a)the way the person drives falls far below what would be expected of a competent and careful constable who has undertaken the same prescribed training, and

(b)it would be obvious to such a competent and careful constable that driving in that way would be dangerous.

(1C)In subsections (1A) and (1B) “designated person” means—

(a)a constable,

(b)a member of staff appointed by the chief officer of police of a police force in England and Wales,

(c)a member of staff appointed by a local policing body and employed to assist a police force in England and Wales,

(d)a member of staff appointed by the Scottish Police Authority under section 26(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8),

(e)an employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003,

(f)a person employed or engaged by—

(i)a chief officer of police,

(ii)the British Transport Police Authority,

(iii)the Civil Nuclear Police Authority,

(iv)the chief constable for the Ministry of Defence Police, or

(v)the Scottish Police Authority,

to train a person within any of paragraphs (a) to (e) to drive for police purposes,

(g)a person employed or engaged by a person within paragraph (f)(i) to (v) to train another person to carry out training of the kind mentioned in that paragraph,

(h)a National Crime Agency officer, or

(i)a person engaged by the National Crime Agency—

(i)to train a National Crime Agency officer to drive for law enforcement purposes, or

(ii)to train another person to carry out training of the kind mentioned in sub-paragraph (i).

(1D)In subsection (1C)(a) “constable” does not include a port constable within the meaning of section 7 of the Marine Navigation Act 2013 or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964.

(1E)In the case of a National Crime Agency officer, the reference in subsection (1A)(a) to driving for police purposes is to be read as a reference to driving for law enforcement purposes.

(1F)In the case of a person within paragraph (i) of subsection (1C), the reference in subsection (1A)(a) to driving for police purposes is to be read as a reference to driving for the purpose of the training mentioned in that paragraph.

(4)In subsection (3)—

(a)after “(1)” insert “, (1B)”, and

(b)after “driver” insert “or constable (as the case may be)”.

(5)The amendments made by this section have effect only in relation to driving occurring after this section comes into force.

Commencement Information

I8S. 5 not in force at Royal Assent, see s. 208(1)

I9S. 5 in force at 26.10.2022 by S.I. 2022/1075, reg. 3(a)

6Meaning of careless driving: constables etcE+W+S

(1)Section 3ZA of the Road Traffic Act 1988 (meaning of careless driving) is amended in accordance with subsections (2) to (4).

(2)In subsection (2), after “driver.” insert “But this subsection does not apply where subsection (2B) applies.”

(3)After subsection (2) insert—

(2A)Subsection (2B) applies where a designated person—

(a)is driving for police purposes (subject to subsections (2E) and (2F)), and

(b)has undertaken prescribed training.

(2B)The designated person is to be regarded as driving without due care and attention if (and only if) the way the person drives falls below what would be expected of a competent and careful constable who has undertaken the same prescribed training.

(2C)In subsections (2A) and (2B) “designated person” means—

(a)a constable,

(b)a member of staff appointed by the chief officer of police of a police force in England and Wales,

(c)a member of staff appointed by a local policing body and employed to assist a police force in England and Wales,

(d)a member of staff appointed by the Scottish Police Authority under section 26(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8),

(e)an employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003,

(f)a person employed or engaged by—

(i)a chief officer of police,

(ii)the British Transport Police Authority,

(iii)the Civil Nuclear Police Authority,

(iv)the chief constable for the Ministry of Defence Police, or

(v)the Scottish Police Authority,

to train a person within any of paragraphs (a) to (e) to drive for police purposes,

(g)a person employed or engaged by a person within paragraph (f)(i) to (v) to train another person to carry out training of the kind mentioned in that paragraph,

(h)a National Crime Agency officer, or

(i)a person engaged by the National Crime Agency—

(i)to train a National Crime Agency officer to drive for law enforcement purposes, or

(ii)to train another person to carry out training of the kind mentioned in sub-paragraph (i).

(2D)In subsection (2C)(a) “constable” does not include a port constable within the meaning of section 7 of the Marine Navigation Act 2013 or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964.

(2E)In the case of a National Crime Agency officer, the reference in subsection (2A)(a) to driving for police purposes is to be read as a reference to driving for law enforcement purposes.

(2F)In the case of a person within paragraph (i) of subsection (2C), the reference in subsection (2A)(a) to driving for police purposes is to be read as a reference to driving for the purpose of the training mentioned in that paragraph.

(4)In subsection (3)—

(a)after “(2)” insert “or (2B)”, and

(b)after “driver” insert “or constable (as the case may be)”.

(5)The amendments made by this section have effect only in relation to driving occurring after this section comes into force.

Commencement Information

I10S. 6 not in force at Royal Assent, see s. 208(1)

I11S. 6 in force at 26.10.2022 by S.I. 2022/1075, reg. 3(b)

7Regulations relating to sections 5 and 6E+W+S

In section 195 of the Road Traffic Act 1988 (provisions as to regulations), after subsection (6) insert—

(7)Regulations prescribing training for the purposes of section 2A(1A)(b) or 3ZA(2A)(b) may make different provision for different persons or areas.

Commencement Information

I12S. 7 not in force at Royal Assent, see s. 208(1)

I13S. 7 in force at 26.10.2022 by S.I. 2022/1075, reg. 3(c)

PART 2U.K.Prevention, investigation and prosecution of crime

CHAPTER 1E+WFunctions relating to serious violence

Functions relating to serious violenceE+W

8Duties to collaborate and plan to prevent and reduce serious violenceE+W

(1)The specified authorities for a local government area must collaborate with each other to prevent and reduce serious violence in the area.

(2)The duty imposed on the specified authorities for a local government area by subsection (1) includes a duty to plan together to exercise their functions so as to prevent and reduce serious violence in the area.

(3)In particular, the specified authorities for a local government area must—

(a)identify the kinds of serious violence that occur in the area,

(b)identify the causes of serious violence in the area, so far as it is possible to do so, and

(c)prepare and implement a strategy for exercising their functions to prevent and reduce serious violence in the area.

(4)In preparing a strategy under this section for a local government area, the specified authorities for the area must ensure that the following are consulted—

(a)each educational authority for the area;

(b)each prison authority for the area;

(c)each youth custody authority for the area.

(5)A strategy under this section for a local government area may specify an action to be carried out by—

(a)an educational authority for the area,

(b)a prison authority for the area, or

(c)a youth custody authority for the area.

See section 15 for further provision about the duties of such authorities in relation to such actions.

(6)In preparing a strategy under this section for a local government area, the specified authorities for the area may invite participation from—

(a)in the case of a strategy for a local government area in England, a person of a description for the time being prescribed by order of the Secretary of State under section 5(3) of the Crime and Disorder Act 1998;

(b)in the case of a strategy for a local government area in Wales, a person of a description for the time being prescribed by order of the Welsh Ministers under section 5(3) of that Act.

(7)Once a strategy has been prepared under this section for a local government area, the specified authorities for the area must—

(a)publish the strategy,

(b)keep the strategy under review, and

(c)from time to time prepare and implement a revised strategy.

(8)A strategy under this section must not include any material that the specified authorities consider—

(a)might jeopardise the safety of any person,

(b)might prejudice the prevention or detection of crime or the investigation or prosecution of an offence, or

(c)might compromise the security of, or good order or discipline within, an institution of a kind mentioned in the first column of a table in Schedule 2.

(9)A strategy under this section may cover an area that is wider than a local government area if it is also prepared in the exercise of the powers in section 9.

(10)The Secretary of State may by regulations make further provision for or in connection with the publication and dissemination of a strategy under this section.

(11)References in subsections (4) to (10) to a strategy under this section include a revised strategy.

(12)This section does not affect any power of a specified authority to collaborate or plan apart from this section.

(13)For provisions about the interpretation of this section, see—

(a)section 11 and Schedule 1 (specified authorities and local government areas);

(b)section 12 and Schedule 2 (educational, prison and youth custody authorities);

(c)section 13 (preventing and reducing serious violence).

Commencement Information

I14S. 8 in force at Royal Assent for specified purposes, see s. 208(4)(b)

I15S. 8 in force at 31.1.2023 in so far as not already in force by S.I. 2022/1227, reg. 4(a)

9Powers to collaborate and plan to prevent and reduce serious violenceE+W

(1)Two or more specified authorities may collaborate with each other to prevent and reduce serious violence in a relevant area.

(2)The power conferred on specified authorities by subsection (1) includes a power to plan together to exercise their functions so as to prevent and reduce serious violence in a relevant area.

(3)In particular, the specified authorities may—

(a)identify the kinds of serious violence that occur in a relevant area,

(b)identify the causes of serious violence in the area, and

(c)prepare and implement a strategy for exercising their functions to prevent and reduce serious violence in the area.

(4)In preparing a strategy under this section for a relevant area, the specified authorities preparing the strategy must ensure that the following are consulted—

(a)every other specified authority for the area;

(b)each educational authority for the area;

(c)each prison authority for the area;

(d)each youth custody authority for the area.

(5)A strategy under this section for a relevant area may specify actions to be carried out by—

(a)an educational authority for the area,

(b)a prison authority for the area, or

(c)a youth custody authority for the area.

See section 15 for further provision about the duties of such authorities in relation to such actions.

(6)In preparing a strategy under this section for a relevant area, the specified authorities for the area may invite participation from—

(a)in the case of a strategy for a relevant area in England, an eligible person for the time being prescribed by order of the Secretary of State under section 5(3) of the Crime and Disorder Act 1998;

(b)in the case of a strategy for a relevant area in Wales, an eligible person for the time being prescribed by order of the Welsh Ministers under section 5(3) of that Act;

(c)in the case of a strategy for a relevant area partly in England and partly in Wales, an eligible person for the time being prescribed by order of the Secretary of State or the Welsh Ministers under section 5(3) of that Act.

(7)For the purposes of subsection (6), an eligible person is—

(a)where a person is prescribed in terms of a description which includes a connection to a local government area, a person of that description with such a connection to a local government area all or part of which coincides with or falls within the relevant area, or

(b)a person prescribed in terms that do not refer to a connection with a local government area.

In this subsection “local government area” has the same meaning as in section 5 of the Crime and Disorder Act 1998 (see subsection (4) of that section).

(8)Once a strategy has been prepared under this section for a relevant area, the specified authorities for the area—

(a)must publish the strategy,

(b)may keep the strategy under review, and

(c)may from time to time prepare and implement a revised strategy.

(9)A strategy under this section must not include any material that the specified authorities consider—

(a)might jeopardise the safety of any person,

(b)might prejudice the prevention or detection of crime or the investigation or prosecution of an offence, or

(c)might compromise the security of, or good order or discipline within, an institution of a kind mentioned in the first column of a table in Schedule 2.

(10)The Secretary of State may by regulations make further provision for or in connection with the publication and dissemination of a strategy under this section.

(11)References in subsections (4) to (10) to a strategy under this section include a revised strategy.

(12)This section does not affect any power of a specified authority to collaborate or plan apart from this section.

(13)In this Chapter “relevant area”, in relation to a specified authority, educational authority, prison authority or youth custody authority means an area made up of—

(a)all or part of a local government area for which it is a specified authority, educational authority, prison authority or youth custody authority, and

(b)all or part of one or more other local government areas (regardless of whether, in the case of a specified authority or educational authority, it is also a specified authority or educational authority for the other area or areas).

(14)For further provisions about the interpretation of this section, see—

(a)section 11 and Schedule 1 (specified authorities and local government areas);

(b)section 12 and Schedule 2 (educational, prison and youth custody authorities);

(c)section 13 (preventing and reducing serious violence).

Commencement Information

I16S. 9 in force at Royal Assent for specified purposes, see s. 208(4)(b)

I17S. 9 in force at 31.1.2023 in so far as not already in force by S.I. 2022/1227, reg. 4(b)

10Power to authorise collaboration etc. with other personsE+W

(1)The Secretary of State may by regulations—

(a)confer powers on a specified authority to collaborate with a prescribed person to prevent and reduce serious violence in a prescribed area;

(b)confer powers on a prescribed person to collaborate with a specified authority to prevent and reduce serious violence in a prescribed area.

(2)The Secretary of State may by regulations authorise the disclosure of information—

(a)by a prescribed person to any person listed in subsection (3) for the purposes of preventing and reducing serious violence in a prescribed area;

(b)by any person listed in subsection (3) to a prescribed person for such purposes.

(3)Those persons are—

(a)a specified authority;

(b)a local policing body;

(c)an educational authority;

(d)a prison authority;

(e)a youth custody authority.

(4)Regulations under subsection (2) may provide that a disclosure under the regulations does not breach—

(a)any obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(5)But if regulations under subsection (2) contain provision under subsection (4)(b), they must provide that they do not authorise a disclosure of information that—

(a)would contravene the data protection legislation (but in determining whether a disclosure would do so, any power conferred by the regulations is to be taken into account), or

(b)is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(6)Regulations under subsection (2) must not authorise—

(a)the disclosure of patient information, or

(b)the disclosure of personal information by a specified authority which is a health or social care authority.

(7)This section does not affect any power to collaborate or to disclose information apart from regulations under this section.

(8)In this section, “prescribed” means prescribed, or of a description prescribed, in regulations under this section.

(9)Regulations under this section may, in particular, prescribe persons by reference to the fact that they have been invited under section 8(6) or 9(6) to participate in the preparation of a strategy under section 8 or 9.

(10)In this Chapter—

  • the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

  • health or social care authority” means a specified authority which is listed in the first column of the table headed “Health and social care” in Schedule 1;

  • patient information” means personal information (however recorded) which relates to—

    (a)

    the physical or mental health or condition of an individual,

    (b)

    the diagnosis of an individual’s condition, or

    (c)

    an individual’s care or treatment,

    or is (to any extent) derived directly or indirectly from information relating to any of those matters;

  • personal information” means information which is in a form that identifies any individual or enables any individual to be identified (either by itself or in combination with other information).

Commencement Information

I18S. 10 in force at Royal Assent for specified purposes, see s. 208(4)(b)

I19S. 10 in force at 31.1.2023 in so far as not already in force by S.I. 2022/1227, reg. 4(c)

11Specified authorities and local government areasE+W

(1)In this Chapter “specified authority” means a person listed in the first column of a table in Schedule 1.

(2)Subsection (3) applies to a specified authority listed in Schedule 1 in terms that refer to the exercise of particular functions or to a particular capacity that it has.

(3)References in this Chapter to the authority’s functions are to those functions or its functions when acting in that capacity.

(4)In this Chapter “local government area” means—

(a)in relation to England, a district, a London borough, the City of London or the Isles of Scilly;

(b)in relation to Wales, a county or county borough.

(5)For the purposes of this Chapter the Inner Temple and the Middle Temple form part of the City of London.

(6)For the purposes of this Chapter a specified authority listed in a table in Schedule 1 is an authority for the local government area or (as the case may be) each local government area listed in the corresponding entry in the second column of the table.

(7)The Secretary of State may by regulations amend Schedule 1 by adding, modifying or removing a reference to a specified authority or a local government area.

Commencement Information

I20S. 11 in force at Royal Assent for specified purposes, see s. 208(4)(b)

I21S. 11 in force at 31.1.2023 in so far as not already in force by S.I. 2022/1227, reg. 4(d)

12Educational, prison and youth custody authoritiesE+W

(1)In this Chapter—

  • educational authority” means a person listed in the first column of the first table in Schedule 2;

  • prison authority” means a person listed in the first column of the second table in Schedule 2;

  • youth custody authority” means a person listed in the first column of the third table in Schedule 2.

(2)For the purposes of this Chapter an educational authority, prison authority or a youth custody authority listed in a table in Schedule 2 is an authority for the local government area or (as the case may be) each local government area listed in the corresponding entry in the second column of the table.

(3)The Secretary of State may by regulations amend Schedule 2 by adding, modifying or removing an entry in a table in that Schedule.

Commencement Information

I22S. 12 in force at Royal Assent for specified purposes, see s. 208(4)(b)

I23S. 12 in force at 31.1.2023 in so far as not already in force by S.I. 2022/1227, reg. 4(e)

13Preventing and reducing serious violenceE+W

(1)In this Chapter—

(a)references to preventing serious violence in an area are to preventing people from becoming involved in serious violence in the area, and

(b)references to reducing serious violence in an area are to reducing instances of serious violence in the area.

(2)The reference in subsection (1)(a) to becoming involved in serious violence includes becoming a victim of serious violence.

(3)In this Chapter “violence”—

(a)includes, in particular—

(i)domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),

(ii)sexual offences,

(iii)violence against property, and

(iv)threats of violence;

(b)does not include terrorism (within the meaning of the Terrorism Act 2000 (see section 1(1) to (4) of that Act)).

(4)In subsection (3)(a)(ii), “sexual offence” means an offence under the law of England and Wales which is for the time being specified in Schedule 3 to the Sexual Offences Act 2003, other than the offence specified in paragraph 14 of that Schedule (fraudulent evasion of excise duty).

(5)In determining for the purposes of subsection (4) whether an offence is specified in Schedule 3 to the Sexual Offences Act 2003, any limitation in that Schedule referring to the circumstances of a particular case (including the sentence imposed) is to be disregarded.

(6)In considering whether violence in an area amounts to serious violence for the purposes of this Chapter, account must be taken in particular of the following factors—

(a)the maximum penalty which could be imposed for the offence (if any) involved in the violence,

(b)the impact of the violence on any victim,

(c)the prevalence of the violence in the area, and

(d)the impact of the violence on the community in the area.

Commencement Information

I24S. 13 in force at Royal Assent, see s. 208(4)(c)

Exercise of functionsE+W

14Involvement of local policing bodiesE+W

(1)A local policing body for a police area may assist a specified authority in the exercise of—

(a)the authority’s functions under or in accordance with section 8 in relation to a local government area which coincides with or falls within the police area, or

(b)the authority’s functions under or in accordance with section 9 in relation to a relevant area which, or any part of which, coincides with or falls within the police area.

(2)A local policing body for a police area may—

(a)monitor the exercise by specified authorities of their functions under or in accordance with section 8 in relation to a local government area which coincides with or falls within the police area, or

(b)monitor the exercise by specified authorities of their functions under or in accordance with section 9 in relation to a relevant area which, or any part of which, coincides with or falls within the police area.

(3)A local policing body may report its findings under subsection (2) to the Secretary of State.

(4)The Secretary of State may by regulations make provision conferring functions on a local policing body for a police area for the purposes of subsection (1).

(5)Provision under subsection (4) may include provision—

(a)for a local policing body to provide funding to a specified authority,

(b)for a local policing body to arrange for meetings to be held for the purpose of assisting the exercise by specified authorities of their functions under or in accordance with section 8 or 9,

(c)for the local policing body or a representative of the body to chair the meetings, and

(d)for such descriptions and numbers of persons as the local policing body may specify to be required to attend the meetings.

(6)If a local policing body acts under subsection (1) or (2), or under regulations under subsection (4), in relation to the exercise by a specified authority of its functions under or in accordance with section 8 or 9, the authority must co-operate with the body.

(7)References in this Chapter (however expressed) to a specified authority exercising functions in accordance with section 8 or 9 are to the authority exercising functions conferred on it apart from this Chapter in accordance with the section in question.

Commencement Information

I25S. 14 in force at Royal Assent for specified purposes, see s. 208(4)(d)

I26S. 14 in force at 31.1.2023 in so far as not already in force by S.I. 2022/1227, reg. 4(f)

15Involvement of educational, prison and youth custody authoritiesE+W

(1)An educational, prison or youth custody authority (a “relevant authority”) for a local government area and a specified authority for that area may collaborate with each other to prevent and reduce serious violence in that area.

(2)A relevant authority for a relevant area and a specified authority for that area may collaborate with each other to prevent and reduce serious violence in that area.

(3)A relevant authority and a specified authority must collaborate with each other as mentioned in subsection (1) or (2) if either the relevant authority or the specified authority requests the other to do so.

(4)A relevant authority must carry out any actions which are specified under section 8(5) or 9(5) as actions to be carried out by the authority.

(5)A relevant authority for a local government area—

(a)may collaborate with another relevant authority for that area to prevent and reduce serious violence in that area, and

(b)must collaborate with another relevant authority for that area for those purposes if requested by that other relevant authority to do so.

(6)A relevant authority (“RA1”) may collaborate with another relevant authority (“RA2”) to prevent and reduce serious violence in an area which is made up of—

(a)all or part of the local government area for which RA1 is a relevant authority, and

(b)all or part of the local government area for which RA2 is a relevant authority.

(7)A relevant authority is not subject to a duty in subsection (3), (4) or (5)(b), and a specified authority is not subject to a duty in subsection (3), if or to the extent that compliance with the duty—

(a)would be incompatible with any other duty of the authority imposed by an enactment (other than subsection (5)(b)),

(b)would otherwise have an adverse effect on the exercise of the authority’s functions,

(c)would be disproportionate to the need to prevent and reduce serious violence in the area to which the duty relates, or

(d)would mean that the authority incurred unreasonable costs.

(8)In determining whether subsection (7) applies to an authority, the cumulative effect of complying with duties under this section must be taken into account.

(9)Subsection (7) or (8) does not apply in relation to the duty of a relevant authority to collaborate with a specified authority under subsection (3) to the extent that it relates to—

(a)the exercise by the specified authority of its function under subsection (3)(a) or (b) of section 8 of identifying the kinds or causes of serious violence in an area or its function of preparing a strategy under subsection (3)(c) of that section, or

(b)the exercise by the specified authority of its function under subsection (3)(a) or (b) of section 9 of identifying the kinds or causes of serious violence in an area or its function of preparing a strategy under subsection (3)(c) of that section.

(10)This section does not affect any power to collaborate apart from this section.

(11)In this section “enactment” includes—

(a)an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, and

(b)an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru.

Commencement Information

I27S. 15 not in force at Royal Assent, see s. 208(1)

I28S. 15 in force at 31.1.2023 by S.I. 2022/1227, reg. 4(g)

16Disclosure of informationE+W

(1)A person listed in subsection (2) may disclose information that it holds for the purposes of its functions to another person listed in that subsection for the purposes of the exercise by the other person of its functions under or in accordance with this Chapter.

(2)Those persons are—

(a)a specified authority;

(b)a local policing body;

(c)an educational authority;

(d)a prison authority;

(e)a youth custody authority.

(3)A disclosure of information authorised by this section does not breach—

(a)any obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(4)But this section does not authorise—

(a)the disclosure of patient information,

(b)the disclosure of personal information by a specified authority which is a health or social care authority,

(c)a disclosure of information that would contravene the data protection legislation (but in determining whether a disclosure would do so, the power conferred by this section is to be taken into account), or

(d)a disclosure of information that is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(5)Subsection (6) applies if—

(a)a disclosure of information under this section is also permitted by regulations under section 6(2) of the Crime and Disorder Act 1998 or by section 115 of that Act (but is not also a disclosure under section 17A of that Act), and

(b)a condition or limitation applies to a disclosure under those regulations or section 115 of that Act by virtue of such regulations.

(6)The condition or limitation does not apply to the disclosure of information under this section.

(7)This section does not otherwise affect any power to disclose information apart from this section.

Commencement Information

I29S. 16 not in force at Royal Assent, see s. 208(1)

I30S. 16 in force at 31.1.2023 by S.I. 2022/1227, reg. 4(h)

17Supply of information to local policing bodiesE+W

(1)A local policing body may, for the purposes of enabling or assisting it to exercise its functions under section 14 in relation to an area, request any person listed in subsection (2) to supply it with such information as may be specified in the request.

(2)Those persons are—

(a)a specified authority for that area;

(b)an educational authority for that area;

(c)a prison authority for that area;

(d)a youth custody authority for that area.

(3)Information requested under subsection (1) must be information that is held by the person to whom the request is made and that relates to—

(a)the person to whom the request was made,

(b)a function of the person to whom the request was made, or

(c)a person in respect of whom a function is exercisable by the person requested to supply the information.

(4)Subject to subsection (6), a person who is requested to supply information under subsection (1) must comply with the request.

(5)A disclosure of information required by subsection (4) does not breach—

(a)any obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(6)But subsection (4) does not require—

(a)the disclosure of patient information,

(b)the disclosure of personal information by a specified authority which is a health or social care authority,

(c)a disclosure of information that would contravene the data protection legislation (but in determining whether a disclosure would do so, the duty imposed by that subsection is to be taken into account), or

(d)a disclosure of information that is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(7)Information supplied to a local policing body under this section may be used by the body only for the purpose of enabling or assisting it to exercise its functions under section 14.

Commencement Information

I31S. 17 not in force at Royal Assent, see s. 208(1)

I32S. 17 in force at 31.1.2023 by S.I. 2022/1227, reg. 4(i)

18DirectionsE+W

(1)Subsection (2) applies if the Secretary of State is satisfied that—

(a)a specified authority has failed to discharge a duty imposed on it by section 8, 14(6), 15(3) or 17(4), or

(b)an educational authority, prison authority or youth custody authority has failed to discharge a duty imposed on it by section 15(3), (4) or (5)(b) or 17(4).

(2)The Secretary of State may give directions to the authority for the purpose of securing compliance with the duty.

(3)A direction under subsection (2) may be enforced, on an application made on behalf of the Secretary of State, by a mandatory order.

(4)The Secretary of State must obtain the consent of the Welsh Ministers before giving a direction under this section to a devolved Welsh authority within the meaning of the Government of Wales Act 2006 (see section 157A of that Act).

(5)This section does not apply in relation to—

(a)a provider of probation services if that provider is the Secretary of State,

(b)the governor of a prison, young offender institution or secure training centre, or

(c)the principal of a directly managed secure college as defined in paragraph 27 of Schedule 10 to the Criminal Justice and Courts Act 2015.

Commencement Information

I33S. 18 not in force at Royal Assent, see s. 208(1)

I34S. 18 in force at 31.1.2023 by S.I. 2022/1227, reg. 4(j)

19GuidanceE+W

(1)A person listed in subsection (2) must have regard to guidance issued by the Secretary of State—

(a)in exercising any function conferred by or by virtue of this Chapter, or

(b)in exercising any function in accordance with this Chapter.

(2)Those persons are—

(a)a specified authority;

(b)a person prescribed in regulations under section 10;

(c)a local policing body;

(d)an educational authority;

(e)a prison authority;

(f)a youth custody authority.

(3)The Secretary of State must consult the Welsh Ministers before issuing guidance relating to the exercise of functions as mentioned in subsection (1) by a devolved Welsh authority within the meaning of the Government of Wales Act 2006 (see section 157A of that Act).

(4)After issuing guidance under this section, the Secretary of State must lay a copy of the guidance before Parliament.

Commencement Information

I35S. 19 in force at Royal Assent for specified purposes, see s. 208(4)(e)

I36S. 19 in force at 31.1.2023 in so far as not already in force by S.I. 2022/1227, reg. 4(k)

Amendments to the Crime and Disorder Act 1998 etcE+W

20Amendments to the Crime and Disorder Act 1998E+W

(1)The Crime and Disorder Act 1998 is amended as follows.

(2)In section 5A (combination agreements: further provision)—

(a)in subsection (2), after paragraph (c) insert—

(d)preventing people from becoming involved in serious violence;

(e)reducing instances of serious violence., and

(b)after subsection (9) insert—

(10)References in this section to serious violence and to becoming involved in serious violence are to be construed in accordance with section 18.

(3)Section 6 (formulation and implementation of strategies) is amended in accordance with subsections (4) to (7).

(4)In subsection (1), at the end of paragraph (c) insert ; and

(d)a strategy for—

(i)preventing people from becoming involved in serious violence in the area, and

(ii)reducing instances of serious violence in the area.

(5)In subsection (6)—

(a)omit the “or” at the end of paragraph (a), and

(b)after paragraph (b) insert—

(c)the prevention of people becoming involved in serious violence of a particular description; or

(d)the reduction of instances of serious violence of a particular description.

(6)In subsection (9), at the end of paragraph (a) insert “and strategies for preventing people from becoming involved in and reducing instances of serious violence in areas in Wales”.

(7)After subsection (9) insert—

(10)The Secretary of State must consult the Welsh Ministers before making regulations under this section if and to extent that the regulations—

(a)relate to a strategy within subsection (1)(d), and

(b)make provision that applies in relation to a devolved Welsh authority within the meaning of the Government of Wales Act 2006 (see section 157A of that Act).

(11)References in this section to serious violence and to becoming involved in serious violence are to be construed in accordance with section 18.

(8)Section 17 (duty to consider crime and disorder implications) is amended in accordance with subsections (9) to (11).

(9)In subsection (1), at the end of paragraph (c) insert ; and

(d)serious violence in its area.

(10)After subsection (1) insert—

(1A)The duty imposed on an authority by subsection (1) to do all it reasonably can to prevent serious violence in its area is a duty on the authority to do all it reasonably can to—

(a)prevent people from becoming involved in serious violence in its area, and

(b)reduce instances of serious violence in its area.

(11)After subsection (5) insert—

(6)References in this section to serious violence and to becoming involved in serious violence are to be construed in accordance with section 18.

(12)In section 18 (interpretation of Chapter 1)—

(a)in subsection (1), at the appropriate place insert—

  • “violence”—

    (a)

    includes, in particular—

    (i)

    domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),

    (ii)

    sexual offences,

    (iii)

    violence against property, and

    (iv)

    threats of violence;

    (b)

    does not include terrorism (within the meaning of the Terrorism Act 2000 (see section 1(1) to (4) of that Act))., and

(b)after that subsection insert—

(1A)In the definition of “violence” in subsection (1) “sexual offence” means an offence under the law of England and Wales which is for the time being specified in Schedule 3 to the Sexual Offences Act 2003, other than the offence specified in paragraph 14 of that Schedule (fraudulent evasion of excise duty).

(1B)In determining for the purposes of subsection (1A) whether an offence is specified in Schedule 3 to the Sexual Offences Act 2003, any limitation in that Schedule referring to the circumstances of a particular case (including the sentence imposed) is to be disregarded.

(1C)References in this Chapter to becoming involved in serious violence include becoming a victim of serious violence.

(1D)In considering whether violence in an area amounts to serious violence for the purposes of this Chapter account must be taken in particular of the following factors—

(a)the maximum penalty which could be imposed for the offence (if any) involved in the violence,

(b)the impact of the violence on any victim,

(c)the prevalence of the violence in the area, and

(d)the impact of the violence on the community in the area.

Commencement Information

I37S. 20 in force at Royal Assent for specified purposes, see s. 208(4)(f)

I38S. 20 in force at 31.1.2023 in so far as not already in force by S.I. 2022/1227, reg. 4(l)

21Amendment to the Police and Justice Act 2006E+W

In section 19(11) of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters: interpretation), in the definition of “local crime and disorder matter”—

(a)omit the “or” at the end of paragraph (a), and

(b)at the end of paragraph (b) insert or

(c)

serious violence (within the meaning of Chapter 1 of Part 1 of the Crime and Disorder Act 1998),.

Commencement Information

I39S. 21 not in force at Royal Assent, see s. 208(1)

I40S. 21 in force at 31.1.2023 by S.I. 2022/1227, reg. 4(m)

GeneralE+W

22RegulationsE+W

(1)Regulations under this Chapter are to be made by statutory instrument.

(2)Regulations under this Chapter—

(a)may make different provision for different purposes or areas;

(b)may make consequential, supplementary, incidental, transitional, transitory or saving provision.

(3)The Secretary of State must consult the Welsh Ministers before making regulations under this Chapter if and to extent that the regulations make provision that applies in relation to a devolved Welsh authority within the meaning of the Government of Wales Act 2006 (see section 157A of that Act).

(4)A statutory instrument containing regulations under this Chapter may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(5)Subsection (4) does not apply to a statutory instrument containing only one or more of the following—

(a)regulations under section 8(10);

(b)regulations under section 9(10);

(c)regulations under section 11(7) which make provision for the removal of an entry in Schedule 1 where the authority concerned has ceased to exist;

(d)regulations under section 11(7) which make provision for the modification of an entry in Schedule 1 in consequence of a change of name or transfer of functions;

(e)regulations under section 12(3) which make provision for the removal of an entry in Schedule 2 where the authority concerned has ceased to exist;

(f)regulations under section 12(3) which make provision for the modification of an entry in Schedule 2 in consequence of a change of name or transfer of functions;

(g)regulations under section 14(4).

(6)A statutory instrument within subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I41S. 22 in force at Royal Assent, see s. 208(4)(g)

23Index of defined expressionsE+W

In this Chapter an expression listed in the first column of the table has the meaning given by, or is to be interpreted in accordance with, the corresponding provision listed in the second column.

ExpressionProvision
the data protection legislationsection 10(10)
educational authoritysection 12(1) and Schedule 2
educational authority for a local government area section 12(2) and Schedule 2
educational authority for a relevant areasection 9(13)
health or social care authoritysection 10(9)
local government areasection 11(4)
patient informationsection 10(9)
personal informationsection 10(9)
preventing serious violencesection 13(1) and (2)
prison authoritysection 12(1) and Schedule 2
prison authority for a local government areasection 12(2) and Schedule 2
prison authority for a relevant areasection 9(13)
reducing serious violencesection 13(1)
relevant areasection 9(13)
serious violencesection 13(6)
specified authoritysection 11(1) and Schedule 1
specified authority for a local government areasection 11(6) and Schedule 1
specified authority for a relevant areasection 9(13)
violencesection 13(3)
youth custody authoritysection 12(1) and Schedule 2
youth custody authority for a local government area section 12(2) and Schedule 2
youth custody authority for a relevant areasection 9(13)

Commencement Information

I42S. 23 in force at Royal Assent, see s. 208(4)(g)

CHAPTER 2E+WOffensive weapons homicide reviews

24Duty to arrange a reviewE+W

(1)Where a review partner considers that—

(a)the death of a person was, or is likely to have been, a qualifying homicide,

(b)the death occurred, or is likely to have occurred, in England or Wales,

(c)such other conditions as the Secretary of State may specify by regulations are satisfied, including, for example, conditions relating to—

(i)the circumstances of or relating to the death,

(ii)the circumstances or history of the person who died, or

(iii)the circumstances or history of other persons with a connection to the death, and

(d)the review partner is one of the relevant review partners in respect of the death (see section 25),

the review partner must join with the other relevant review partners in respect of the death in arranging for there to be a review under this section of the person’s death.

(2)Subsection (1) is subject to subsections (3) to (5) and section 26.

(3)If the review partner considers, on further information, that any of the conditions mentioned in subsection (1)(a) to (c) is not satisfied in the case of the person’s death, the review partner ceases to be under a duty to arrange for there to be a review under this section of the death (and a review may accordingly be discontinued).

(4)If the review partner considers, on further information, that the condition mentioned in subsection (1)(d) is not satisfied in the case of the person’s death, the review partner ceases to be under a duty to arrange for there to be a review under this section of the death, except where such a review of the death has already started to take place under arrangements made by the review partner and other review partners.

(5)Subsection (1) does not require a review partner to arrange for there to be a review under this section of a person’s death if such a review of the death has already taken place, or started to take place, under arrangements made by other review partners.

(6)For the purposes of this section, the homicide of a person is a qualifying homicide if—

(a)the person was aged 18 or over, and

(b)the death, or the events surrounding it, involved the use of an offensive weapon.

(7)The Secretary of State may by regulations—

(a)amend this section so as to alter the meaning of “qualifying homicide”, and

(b)make such consequential amendments of this Chapter as appear to the Secretary of State to be appropriate.

(8)In this section “offensive weapon” has the same meaning as in section 1 of the Prevention of Crime Act 1953.

Commencement Information

I43S. 24 in force at Royal Assent for specified purposes, see ss. 34, 208(4)(h)

I44S. 24 in force at 1.4.2023 for specified purposes by S.I. 2023/227, reg. 3(1)(a) (with reg. 4)

25Relevant review partnersE+W

(1)The Secretary of State may by regulations make provision for identifying which review partners are to be the relevant review partners in respect of a person’s death.

(2)The regulations may provide that the relevant review partners in respect of a person’s death are—

(a)a chief officer of police for a police area in England or Wales of a description specified in the regulations,

(b)a local authority of a description specified in the regulations or, in a case of a description specified in the regulations, a county council and a district council of a description specified in the regulations, and

(c)[F1an integrated care board] or a local health board of a description specified in the regulations.

(3)The regulations may, in particular, provide that, in a case of a description specified in the regulations, the relevant review partners in respect of a person’s death are—

(a)the chief officer of police for the police area in England or Wales in which the death occurred or is likely to have occurred,

(b)the local authority in whose area the death occurred or is likely to have occurred or, if the death occurred or is likely to have occurred within the area of a district council whose area is within the area of a county council, both of those local authorities, and

(c)the [F2integrated care board] or the local health board in whose area the death occurred or is likely to have occurred.

(4)The regulations may include provision for identifying the relevant review partners in respect of a person’s death by reference to other matters, including—

(a)the last known place of residence of the person who died;

(b)an earlier place of residence of the person who died;

(c)the place of residence of the person who caused or is likely to have caused, or of any of the persons who caused or are likely to have caused, the person’s death;

(d)the police area in England or Wales of the police force that is investigating or has investigated the person’s death.

(5)The regulations may—

(a)provide for a group of review partners to agree with another group of review partners to be the relevant review partners in respect of a person’s death instead of that other group;

(b)provide for review partners of a description specified in the regulations to agree between them which of them is a relevant review partner in respect of a person’s death;

(c)provide for the Secretary of State to give a direction specifying which review partners are the relevant review partners in respect of a person’s death.

Textual Amendments

Commencement Information

I45S. 25 in force at Royal Assent for specified purposes, see ss. 34, 208(4)(h)

26Relationship with other review requirementsE+W

(1)The duty in section 24(1) does not apply in relation to a death if—

(a)a child death review must or may be arranged in relation to the death (see section 16M(1) and (2) of the Children Act 2004),

(b)the death may be the subject of a domestic homicide review (see section 9 of the Domestic Violence, Crime and Victims Act 2004), or

(c)a safeguarding adults review must or may be established in relation to the death (see section 44(1) and (4) of the Care Act 2014).

(2)The Secretary of State may by regulations make provision about the duty in section 24(1) not applying in the case of a death which may or must be investigated under arrangements made by NHS bodies with respect to deaths caused by persons who are receiving or have received any health services relating to mental health.

(3)The duty in section 24(1) does not apply in relation to a death if regulations under section 135(4)(a) of the Social Services and Well-being (Wales) Act 2014 (anaw 4) require a Safeguarding Board to undertake a review of the death.

(4)The Secretary of State may by regulations make provision about the duty in section 24(1) not applying in the case of a death, caused by a person who is receiving or has received any health services relating to mental health, where there may be a review of, or investigation into, the provision of that health care under section 70 of the Health and Social Care (Community Health and Standards) Act 2003.

Commencement Information

I46S. 26 in force at Royal Assent for specified purposes, see ss. 34, 208(4)(h)

I47S. 26 in force at 1.4.2023 for specified purposes by S.I. 2023/227, reg. 3(1)(b) (with reg. 4)

27Notification of Secretary of StateE+W

(1)If a review partner becomes aware of qualifying circumstances in relation to a person’s death, the review partner must notify the Secretary of State before the end of the notification period of one of the following—

(a)that the review partner is under a duty to arrange for there to be a review under section 24 of the person’s death,

(b)that the review partner is not under that duty in respect of the death, or

(c)that the review partner has not been able to take a decision on the matter.

(2)Subsection (1) does not apply if, when the review partner becomes aware of qualifying circumstances in relation to a person’s death, the review partner is also aware that no duty in section 24(1) arises in respect of the death because of section 24(5) or 26.

(3)If a review partner gives a notification under subsection (1)(c), the review partner must notify the Secretary of State of the review partner’s decision on the matter once it has been taken.

(4)Where a review partner—

(a)notifies the Secretary of State that the review partner is under a duty to arrange a review under section 24 of a death, but

(b)before the review starts to take place, decides that the review partner is not under that duty in respect of that death (see section 24(3) and (4)),

the review partner must notify the Secretary of State of that decision.

(5)Where a review under section 24 of a death is discontinued because the review partner considers that a condition mentioned in section 24(1)(a) to (c) is not satisfied in relation to the death (see section 24(3)), the review partner must notify the Secretary of State.

(6)Where a review partner—

(a)notifies the Secretary of State that the review partner is not under a duty to arrange a review under section 24 of a death, but

(b)afterwards decides that the review partner is under that duty in respect of that death,

the review partner must notify the Secretary of State of that decision.

(7)For the purposes of this section, a review partner becomes aware of qualifying circumstances in relation to a person’s death if the review partner becomes aware of such facts as make it likely that—

(a)the conditions mentioned in section 24(1)(a) and (b) are satisfied in relation to the death, and

(b)the review partner is one of the relevant review partners in respect of the death.

(8)In this section “the notification period”, in relation to notification by a review partner, means the period of one month beginning with the day on which the review partner becomes aware of qualifying circumstances in relation to the death in question.

Commencement Information

I48S. 27 not in force at Royal Assent, see ss. 34, 208(1)

I49S. 27 in force at 1.4.2023 for specified purposes by S.I. 2023/227, reg. 3(1)(c) (with reg. 4)

28Conduct of reviewE+W

(1)Where a review under section 24 of a person’s death takes place, the review partners that arranged it must co-operate in and contribute to the carrying out of the review.

(2)The purposes of a review under section 24 are—

(a)to identify the lessons to be learnt from the death, and

(b)to consider whether it would be appropriate for anyone to take action in respect of those lessons learned.

(3)Where the review partners consider that it would be appropriate for a person to take action as mentioned in subsection (2)(b), they must inform that person.

(4)The review partners must prepare a report on the review and send it to the Secretary of State.

(5)The report must include—

(a)the findings of the review,

(b)any conclusions drawn by the review partners, and

(c)recommendations made in light of those findings and conclusions (including those referred to in subsection (3)).

(6)The review partners must not include in the report sent to the Secretary of State material that they consider—

(a)might jeopardise the safety of any person, or

(b)might prejudice the investigation or prosecution of an offence.

(7)The Secretary of State must publish, or make arrangements for the publication of, the report, unless the Secretary of State considers it inappropriate for the report to be published.

(8)If the Secretary of State considers it inappropriate for the report to be published, the Secretary of State must publish, or make arrangements for the publication of, so much of the contents of the report as the Secretary of State considers appropriate to be published.

Commencement Information

I50S. 28 not in force at Royal Assent, see ss. 34, 208(1)

I51S. 28(1)-(6) in force at 1.4.2023 for specified purposes by S.I. 2023/227, reg. 3(1)(d) (with reg. 4)

I52S. 28(7)(8) in force at 1.4.2023 for specified purposes by S.I. 2023/227, reg. 3(2)(a) (with reg. 4)

29InformationE+W

(1)A review partner may request a person to provide information specified in the request to the review partner or another review partner.

(2)A review partner may make a request to a person under this section only if the conditions in subsections (3) and (4) are satisfied.

(3)The condition in this subsection is that the request is made for the purpose of enabling or assisting the performance of functions conferred on a review partner by sections 24 to 28.

(4)The condition in this subsection is that the request is made to a person whose functions or activities are considered by the review partner to be such that the person is likely to have information that would enable or assist the performance of functions conferred on a review partner by sections 24 to 28.

(5)The person to whom a request under this section is made must comply with the request.

(6)The review partner that made the request may enforce the duty under subsection (5) against the person by making an application to the High Court or the county court for an injunction.

(7)A review partner may provide information to another review partner for the purpose of enabling or assisting the performance of functions under sections 24 to 28.

Commencement Information

I53S. 29 not in force at Royal Assent, see ss. 34, 208(1)

I54S. 29(1)-(4)(7) in force at 1.4.2023 for specified purposes by S.I. 2023/227, reg. 3(1)(e) (with reg. 4)

I55S. 29(5)(6) in force at 1.4.2023 for specified purposes by S.I. 2023/227, reg. 3(2)(b) (with reg. 4)

30Information: supplementaryE+W

(1)A person may not be required under section 29 to disclose information that the person could not be compelled to disclose in proceedings before the High Court.

(2)A disclosure of information required or authorised by sections 27 to 29 does not breach—

(a)any obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(3)But sections 27 to 29 do not require or authorise a disclosure of information that—

(a)would contravene the data protection legislation (but in determining whether a disclosure would do so, the duty imposed or power conferred by the section in question is to be taken into account), or

(b)is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(4)Sections 27 to 29 do not affect any duty or power to disclose information apart from those sections.

(5)In this section “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).

Commencement Information

I56S. 30 not in force at Royal Assent, see ss. 34, 208(1)

I57S. 30 in force at 1.4.2023 for specified purposes by S.I. 2023/227, reg. 3(2)(c) (with reg. 4)

31Delegating functionsE+W

(1)The Secretary of State may by regulations make provision enabling the relevant review partners in respect of a person’s death to act jointly to appoint—

(a)one of themselves, or

(b)another person,

to carry out on their behalf, in relation to the person’s death, one or more of the functions specified in the regulations.

(2)Regulations under subsection (1) may specify some or all of the functions of a review partner under section 28 or 29 relating to a review under section 24 or a report on the review.

(3)The Secretary of State may by regulations make provision enabling—

(a)a county council, and

(b)a district council for an area that is within the area of the county council,

to agree that one of them carry out on behalf of the other one or more of the functions specified in the regulations.

(4)Regulations under subsection (3) may specify some or all of the functions of a review partner under sections 24 to 29.

Commencement Information

I58S. 31 in force at Royal Assent, see s. 208(4)(i)

32GuidanceE+W

(1)Review partners must have regard to any guidance issued by the Secretary of State in connection with functions conferred on them under sections 24 to 31.

(2)Before issuing guidance under this section, the Secretary of State must consult—

(a)persons appearing to the Secretary of State to represent review partners,

(b)the Welsh Ministers, so far as the proposed guidance relates to a devolved Welsh authority, and

(c)such other persons as the Secretary of State considers appropriate.

(3)After issuing guidance under this section, the Secretary of State must lay a copy of the guidance before Parliament.

Commencement Information

I59S. 32 in force at Royal Assent for specified purposes, see ss. 34, 208(4)(j)

I60S. 32 in force at 1.4.2023 for specified purposes by S.I. 2023/227, reg. 3(1)(f) (with reg. 4)

33Power to pay grant: local health boardsE+W

Section 31(2) to (5) of the Local Government Act 2003 (power of the Secretary of State to pay grant to local authorities in Wales) applies in relation to local health boards in Wales and expenditure incurred or to be incurred by those local health boards in the exercise of their functions under this Chapter as it applies in relation to local authorities in Wales and expenditure incurred or to be incurred by those local authorities.

Commencement Information

I61S. 33 not in force at Royal Assent, see ss. 34, 208(1)

I62S. 33 in force at 1.4.2023 for specified purposes by S.I. 2023/227, reg. 3(2)(d) (with reg. 4)

34PilotingE+W

(1)The Secretary of State may exercise the power in section 208(1) so as to bring sections 24 to 30, 32 and 33 into force—

(a)for all purposes, and

(b)in relation to the whole of England and Wales,

only if the conditions in subsections (2) and (3) are met.

(2)The condition in this subsection is that regulations under section 208(1) have brought some or all of sections 24 to 30, 32 and 33 into force only—

(a)for one or more specified purposes, or

(b)in relation to one or more specified areas.

(3)The condition in this subsection is that the Secretary of State has laid before Parliament a report on the operation of some or all of the provisions of sections 24 to 31—

(a)for one or more of those purposes, or

(b)in relation to one or more of those areas.

(4)Regulations under section 208(1) which bring any provision of sections 24 to 30, 32 and 33 into force only for a specified purpose or in relation to a specified area may—

(a)provide for that provision to be in force for that purpose or in relation to that area for a specified period;

(b)make transitional or saving provision in connection with that provision ceasing to be in force at the end of the specified period.

(5)Regulations containing provision by virtue of subsection (4)(a) may be amended by subsequent regulations under section 208(1) so as to continue any provision of sections 24 to 30, 32 and 33 in force—

(a)for the specified purpose, or

(b)in relation to the specified area,

for a further specified period.

(6)In this section “specified” means specified in regulations under section 208(1).

Commencement Information

I63S. 34 in force at Royal Assent, see s. 208(4)(k)

35RegulationsE+W

(1)Regulations under this Chapter are to be made by statutory instrument.

(2)Regulations under this Chapter—

(a)may make different provision for different purposes and different provision for different areas;

(b)may make consequential, supplementary, incidental, transitional, transitory or saving provision.

(3)A statutory instrument containing regulations under this Chapter may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(4)Subsection (3) does not apply to a statutory instrument containing only regulations under section 26(2) or (4).

(5)A statutory instrument within subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I64S. 35 in force at Royal Assent, see s. 208(4)(k)

36InterpretationE+W

(1)In this Chapter—

  • F3...

  • devolved Welsh authority” has the meaning given in section 157A of the Government of Wales Act 2006;

  • [F4integrated care board” means a body established under section 14Z25 of the National Health Service Act 2006;]

  • local authority” means—

    (a)

    in relation to England—

    (i)

    a county council,

    (ii)

    a district council,

    (iii)

    a London borough council,

    (iv)

    the Common Council of the City of London in its capacity as a local authority, or

    (v)

    the Council of the Isles of Scilly;

    (b)

    in relation to Wales—

    (i)

    a county council, or

    (ii)

    a county borough council;

  • local health board” means a local health board established under section 11 of the National Health Service (Wales) Act 2006;

  • NHS body” has the same meaning as in the National Health Service Act 2006 (see section 275 of that Act);

  • review partner” means—

    (a)

    a chief officer of police for a police area in England or Wales,

    (b)

    a local authority,

    (c)

    [F5an integrated care board, or]

    (d)

    a local health board;

  • relevant review partner” has the meaning given by section 25.

(2)The Secretary of State may by regulations—

(a)amend the definition of “review partner”, and

(b)make such consequential amendments of this Chapter as appear to the Secretary of State to be appropriate.

(3)Before making regulations under subsection (2), the Secretary of State must consult—

(a)such persons as appear to the Secretary of State to represent review partners,

(b)the Welsh Ministers, so far as the proposed regulations relate to a devolved Welsh authority, and

(c)such other persons as the Secretary of State considers appropriate.

Textual Amendments

Commencement Information

I65S. 36 in force at Royal Assent, see s. 208(4)(k)

CHAPTER 3U.K.Extraction of information from electronic devices

37Extraction of information from electronic devices: investigations of crime etcU.K.

(1)An authorised person may extract information stored on an electronic device from that device if—

(a)a user of the device has voluntarily provided the device to an authorised person, and

(b)that user has agreed to the extraction of information from the device by an authorised person.

(2)The power in subsection (1) may be exercised only for the purposes of—

(a)preventing, detecting, investigating or prosecuting crime,

(b)helping to locate a missing person, or

(c)protecting a child or an at-risk adult from neglect or physical, mental or emotional harm.

(3)The reference in subsection (2) to crime is a reference to—

(a)conduct which constitutes one or more criminal offences in any part of the United Kingdom, or

(b)conduct which, if it took place in any part of the United Kingdom, would constitute one or more criminal offences.

(4)For the purposes of subsection (2) an adult is an at-risk adult if the authorised person reasonably believes that the adult—

(a)is experiencing, or at risk of, neglect or physical, mental or emotional harm, and

(b)is unable to protect themselves against the neglect or harm or the risk of it.

(5)An authorised person may exercise the power in subsection (1) only if—

(a)in a case where the authorised person proposes to exercise the power for a purpose within subsection (2)(a), the authorised person reasonably believes that information stored on the electronic device is relevant to a reasonable line of enquiry which is being, or is to be, pursued by an authorised person,

(b)in a case where the authorised person proposes to exercise the power for a purpose within subsection (2)(b) or (c), the authorised person reasonably believes that information stored on the electronic device is relevant to that purpose, and

(c)in any case, the authorised person is satisfied that exercise of the power is necessary and proportionate to achieve the purpose within subsection (2) for which the person proposes to exercise the power.

(6)Subsection (7) applies if the authorised person thinks that, in exercising the power, there is a risk of obtaining information other than—

(a)information necessary for a purpose within subsection (2) for which the authorised person may exercise the power, or

(b)information necessary for a purpose within subsection (2) of section 41 (investigations of death) for which the authorised person may exercise the power in subsection (1) of that section.

(7)The authorised person must, to be satisfied that the exercise of the power in subsection (1) is proportionate, be satisfied that—

(a)there are no other means of obtaining the information sought by the authorised person which avoid that risk, or

(b)there are such other means, but it is not reasonably practicable to use them.

(8)Subsection (9) applies if the authorised person thinks that, in exercising the power in subsection (1), there is a risk of obtaining confidential information.

(9)The authorised person must, to be satisfied that the exercise of the power is proportionate—

(a)have regard to the matters in subsection (10), and

(b)be satisfied that—

(i)there are no other means of obtaining the information sought by the authorised person which avoid that risk, or

(ii)there are such other means, but it is not reasonably practicable to use them.

(10)The matters referred to in subsection (9)(a) are—

(a)the amount of confidential information likely to be stored on the device, and

(b)the potential relevance of the confidential information to—

(i)a purpose within subsection (2) for which the authorised person may exercise the power, or

(ii)a purpose within subsection (2) of section 41 for which the authorised person may exercise the power in subsection (1) of that section.

(11)An authorised person must have regard to the code of practice for the time being in force under section 42 in exercising, or deciding whether to exercise, the power in subsection (1).

(12)This section does not affect any power relating to the extraction or production of information, or any power to seize any item or obtain any information, conferred by an enactment or rule of law.

(13)In this Chapter—

  • adult” means a person aged 18 or over;

  • authorised person” has the meaning given by subsection (1) of section 44 (subject to subsections (2) and (3) of that section);

  • child” means a person aged under 18;

  • confidential information” has the meaning given by section 43;

  • criminal offence” includes—

    (a)

    a service offence within the meaning of the Armed Forces Act 2006, and

    (b)

    an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059);

  • electronic device” means any device on which information is capable of being stored electronically and includes any component of such a device;

  • enactment” includes—

    (a)

    an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978,

    (b)

    an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,

    (c)

    an enactment contained in, or in an instrument made under, an Act or Measure of Senedd Cymru, and

    (d)

    an enactment contained in, or in an instrument made under, Northern Ireland legislation;

  • information” includes moving or still images and sounds;

  • user”, in relation to an electronic device, means a person who ordinarily uses the device.

(14)References in this Chapter to the extraction of information include its reproduction in any form.

(15)This section is subject to sections 38 (children, and adults without capacity), 39 (requirements for voluntary provision and agreement) and 40 (persons who have died etc).

Commencement Information

I66S. 37 not in force at Royal Assent, see s. 208(1)

I67S. 37 in force at 8.11.2022 by S.I. 2022/1075, reg. 5(a)

38Application of section 37 to children and adults without capacityU.K.

(1)A child is not to be treated for the purposes of section 37(1) as being capable of—

(a)voluntarily providing an electronic device to an authorised person for those purposes, or

(b)agreeing for those purposes to the extraction of information from the device by an authorised person.

(2)If a child is a user of an electronic device, a person who is not a user of the device but is listed in subsection (3) may—

(a)voluntarily provide the device to an authorised person for the purposes of section 37(1), and

(b)agree for those purposes to the extraction of information from the device by an authorised person.

(3)The persons mentioned in subsection (2) are—

(a)a parent or guardian of the child or, if the child is in the care of a relevant authority or voluntary organisation, a person representing that authority or organisation, or

(b)if no person within paragraph (a) is available, any responsible person who is aged 18 or over other than a relevant authorised person.

(4)Before exercising the power under section 37(1) by virtue of subsection (2), an authorised person must, so far as it is reasonably practicable to do so—

(a)ascertain the views of the child, and

(b)have regard to any views so ascertained, taking account of the child’s age and maturity.

(5)If an authorised person (“A”) exercises the power under section 37(1) as a result of action taken under subsection (2) by a person within subsection (3)(b), A must, unless A considers that it is not appropriate to do so, inform a person within subsection (3)(a) that A has exercised the power.

(6)An adult without capacity is not to be treated for the purposes of section 37(1) as being capable of—

(a)voluntarily providing an electronic device to an authorised person for those purposes, or

(b)agreeing for those purposes to the extraction of information from the device by an authorised person.

(7)If a user of an electronic device is an adult without capacity, a person who is not a user of the device but is listed in subsection (8) may—

(a)voluntarily provide the device to an authorised person for the purposes of section 37(1), and

(b)agree for those purposes to the extraction of information from the device by an authorised person.

(8)The persons mentioned in subsection (7) are—

(a)a parent or guardian of the adult without capacity or, if the adult without capacity is in the care of a relevant authority or voluntary organisation, a person representing that authority or organisation,

(b)a registered social worker,

(c)a person who, under a power of attorney, may make decisions for the purposes of subsection (7)(a) and (b) on behalf of the adult without capacity,

(d)a deputy appointed under section 16 of the Mental Capacity Act 2005 or section 113 of the Mental Capacity Act (Northern Ireland) 2016 who may make decisions for the purposes of subsection (7)(a) and (b) on behalf of the adult without capacity by virtue of that appointment,

(e)a person authorised under an intervention order under section 53 of the Adults with Incapacity (Scotland) Act 2000 (asp 4) who may make decisions for the purposes of subsection (7)(a) and (b) on behalf of the adult without capacity by virtue of that authorisation, or

(f)if no person within any of paragraphs (a) to (e) is available, any responsible person who is aged 18 or over other than a relevant authorised person.

(9)Nothing in this section prevents any other user of an electronic device who is not a child or an adult without capacity from—

(a)voluntarily providing the device to an authorised person for the purposes of section 37(1), or

(b)agreeing for those purposes to the extraction of information from the device by an authorised person.

(10)For the purposes of this Chapter a person is an adult without capacity if—

(a)in relation to England and Wales, the person is an adult who, within the meaning of the Mental Capacity Act 2005, lacks capacity to do the things mentioned in section 37(1)(a) and (b);

(b)in relation to Scotland, the person is an adult (within the meaning of this Chapter) who is incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000 in relation to the matters mentioned in section 37(1)(a) and (b);

(c)in relation to Northern Ireland, the person is an adult who, within the meaning of the Mental Capacity Act (Northern Ireland) 2016, lacks capacity to do the things mentioned in section 37(1)(a) and (b).

(11)In this Chapter—

  • “local authority”—

    (a)

    in relation to England, means a county council, a district council for an area for which there is no county council, a London borough council or the Common Council of the City of London in its capacity as a local authority;

    (b)

    in relation to Wales, means a county council or a county borough council;

    (c)

    in relation to Scotland, means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

  • registered social worker” means a person registered as a social worker in a register maintained by—

    (a)

    Social Work England,

    (b)

    the Care Council for Wales,

    (c)

    the Scottish Social Services Council, or

    (d)

    the Northern Ireland Social Care Council;

  • relevant authorised person”, in relation to the extraction of information from an electronic device for a particular purpose, means an authorised person who may extract the information from the device for that purpose;

  • “relevant authority”—

    (a)

    in relation to England and Wales and Scotland, means a local authority;

    (b)

    in relation to Northern Ireland, means an authority within the meaning of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));

  • “voluntary organisation”—

    (a)

    in relation to England and Wales, has the same meaning as in the Children Act 1989;

    (b)

    in relation to Scotland, has the same meaning as in Part 2 of the Children (Scotland) Act 1995;

    (c)

    in relation to Northern Ireland, has the same meaning as in the Children (Northern Ireland) Order 1995.

(12)This section is subject to section 39 (requirements for voluntary provision and agreement).

Commencement Information

I68S. 38 not in force at Royal Assent, see s. 208(1)

I69S. 38 in force at 8.11.2022 by S.I. 2022/1075, reg. 5(b)

39Requirements for voluntary provision and agreementU.K.

(1)A person (“P”) is to be treated for the purposes of section 37 or 38 as having—

(a)voluntarily provided an electronic device to an authorised person, and

(b)agreed to the extraction of information from the device by an authorised person,

only if the requirements of this section have been met.

(2)An authorised person must not have placed undue pressure on P to provide the device or agree to the extraction of information from it.

(3)An authorised person must have given P notice in writing—

(a)specifying or describing the information that is sought,

(b)specifying the reason why the information is sought,

(c)specifying how the information will be dealt with once it has been extracted,

(d)stating that P may refuse to provide the device or agree to the extraction of information from it, and

(e)stating that the investigation or enquiry for the purposes of which the information is sought will not be brought to an end merely because P refuses to provide the device or agree to the extraction of information from it.

(4)Subject to subsection (5), P must have confirmed in writing that P has—

(a)voluntarily provided the device to an authorised person, and

(b)agreed to the extraction of information from the device by an authorised person.

(5)If P was unable to provide that confirmation in writing as a result of P’s physical impairment or lack of literacy skills—

(a)P must have given that confirmation orally, and

(b)an authorised person must have recorded P’s confirmation in writing.

(6)If P’s confirmation was given in writing and in hard copy form, the authorised person must have given P a copy of that confirmation (in hard copy or electronic form).

(7)If P’s confirmation was given orally, the authorised person must have given P a copy of the record of that confirmation (in hard copy or electronic form).

Commencement Information

I70S. 39 not in force at Royal Assent, see s. 208(1)

I71S. 39 in force at 8.11.2022 by S.I. 2022/1075, reg. 5(c)

40Application of section 37 where user has died etcU.K.

(1)If any of conditions A to C is met, an authorised person may exercise the power in section 37(1) to extract information stored on an electronic device from that device even though—

(a)the device has not been voluntarily provided to an authorised person by a user of the device, or

(b)no user of the device has agreed to the extraction of information from the device by an authorised person.

(2)Condition A is that—

(a)a person who was a user of the electronic device has died, and

(b)the person was a user of the device immediately before their death.

(3)Condition B is that—

(a)a user of the electronic device is a child or an adult without capacity, and

(b)an authorised person reasonably believes that the user’s life is at risk or there is a risk of serious harm to the user.

(4)Condition C is that—

(a)a person who was a user of the electronic device is missing,

(b)the person was a user of the device immediately before they went missing, and

(c)an authorised person reasonably believes that the person’s life is at risk or there is a risk of serious harm to the person.

(5)The exercise of the power in subsection (1) of section 37 by virtue of this section is subject to that section.

Commencement Information

I72S. 40 not in force at Royal Assent, see s. 208(1)

I73S. 40 in force at 8.11.2022 by S.I. 2022/1075, reg. 5(d)

41Extraction of information from electronic devices: investigations of deathU.K.

(1)An authorised person may extract information stored on an electronic device from that device if—

(a)a person who was a user of the electronic device has died, and

(b)the person was a user of the device immediately before their death.

(2)The power in subsection (1) may be exercised only for the purposes of—

(a)an investigation into the person’s death under Chapter 1 of Part 1 of the Coroners and Justice Act 2009,

(b)an inquest into the person’s death under the Coroners Act (Northern Ireland) 1959, or

(c)an investigation into the person’s death by the Lord Advocate.

(3)References in subsection (2) to the exercise of the power in subsection (1) for the purposes of an investigation or inquest include references to the exercise of that power for the purposes of determining whether an investigation should be conducted or an inquest should be held.

(4)An authorised person may exercise the power in subsection (1) only if—

(a)the authorised person reasonably believes that information stored on the electronic device is relevant to a purpose within subsection (2), and

(b)the authorised person is satisfied that exercise of the power is necessary and proportionate to achieve that purpose.

(5)Subsection (6) applies if the authorised person thinks that, in exercising the power, there is a risk of obtaining information other than—

(a)information necessary for a purpose within subsection (2), or

(b)information necessary for a purpose within section 37(2).

(6)The authorised person must, to be satisfied that the exercise of the power is proportionate, be satisfied that—

(a)there are no other means of obtaining the information sought by the authorised person which avoid that risk, or

(b)there are such other means, but it is not reasonably practicable to use them.

(7)Subsection (8) applies if the authorised person thinks that, in exercising the power in subsection (1), there is a risk of obtaining confidential information.

(8)The authorised person must, to be satisfied that the exercise of the power is proportionate—

(a)have regard to the matters in subsection (9), and

(b)be satisfied that—

(i)there are no other means of obtaining the information sought by the authorised person which avoid that risk, or

(ii)there are such other means, but it is not reasonably practicable to use them.

(9)The matters referred to in subsection (8)(a) are—

(a)the amount of confidential information likely to be stored on the device, and

(b)the potential relevance of the confidential information to a purpose within subsection (2) or section 37(2).

(10)An authorised person must have regard to the code of practice for the time being in force under section 42 in exercising, or deciding whether to exercise, the power in subsection (1).

(11)This section does not affect any power relating to the extraction or production of information, or any power to seize any item or obtain any information, conferred by an enactment or rule of law.

Commencement Information

I74S. 41 not in force at Royal Assent, see s. 208(1)

I75S. 41 in force at 8.11.2022 by S.I. 2022/1075, reg. 5(e)

42Code of practice about the extraction of informationU.K.

(1)The Secretary of State must prepare a code of practice containing guidance about the exercise of the powers in sections 37(1) and 41(1).

(2)The code may make different provision for different purposes or areas.

(3)In preparing the code, the Secretary of State must consult—

(a)the Information Commissioner,

(b)the Scottish Ministers,

(c)the Department of Justice in Northern Ireland,

(d)the Commissioner for Victims and Witnesses,

(e)the Domestic Abuse Commissioner,

(f)the Commission for Victims and Survivors for Northern Ireland, and

(g)such other persons as the Secretary of State considers appropriate.

(4)Subsection (3)(f) does not apply on or after the day appointed under Article 4(4) of the Victims and Survivors (Northern Ireland) Order 2006 (S.I. 2006/2953 (N.I. 17)) (power to revoke Article 4).

(5)After preparing the code, the Secretary of State must lay it before Parliament and publish it.

(6)The code is to be brought into force by regulations made by statutory instrument.

(7)A statutory instrument containing regulations under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.

(8)After the code has come into force the Secretary of State may from time to time revise it.

(9)A failure on the part of an authorised person to act in accordance with the code does not of itself render the person liable to any criminal or civil proceedings.

(10)But the code is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to act in accordance with it in determining a question in the proceedings.

(11)References in subsections (2) to (10) to the code include a revised code, subject to subsection (12).

(12)The duty to consult in subsection (3) does not apply in relation to the preparation of a revised code if the Secretary of State considers that the proposed revisions are insubstantial.

Commencement Information

I76S. 42 not in force at Royal Assent, see s. 208(1)

I77S. 42(1)-(7) in force at 12.5.2022 by S.I. 2022/520, reg. 4(a)

I78S. 42(8)-(12) in force at 8.11.2022 by S.I. 2022/1075, reg. 5(f)

43Confidential informationU.K.

(1)In this Chapter “confidential information” means information which constitutes or may constitute—

(a)confidential journalistic material within the meaning of the Investigatory Powers Act 2016 (see section 264(6) and (7) of that Act), or

(b)protected material.

(2)In subsection (1)(b) “protected material”—

(a)in relation to England and Wales means—

(i)items subject to legal privilege, within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act),

(ii)material falling within section 11(1)(a) of that Act (certain personal records held in confidence), or

(iii)material to which section 14(2) of that Act applies (other material acquired in the course of a trade etc that is held in confidence);

(b)in relation to Scotland means—

(i)items in respect of which a claim to confidentiality of communications could be maintained in legal proceedings, or

(ii)other material of a kind mentioned in paragraph (a)(ii) or (iii) of this subsection;

(c)in relation to Northern Ireland, means—

(i)items subject to legal privilege, within the meaning of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (see Article 12 of that Order),

(ii)material falling with Article 13(1)(a) of that Order (certain personal records held in confidence), or

(iii)material to which Article 16(2) of that Order applies (other material acquired in the course of a trade etc that is held in confidence).

Commencement Information

I79S. 43 not in force at Royal Assent, see s. 208(1)

I80S. 43 in force at 8.11.2022 by S.I. 2022/1075, reg. 5(g)

44Authorised personsU.K.

(1)Subject to subsections (2) and (3), in this Chapter “authorised person” means a person listed in Schedule 3.

(2)The power in subsection (1) of section 37 may be exercised for a purpose mentioned in subsection (2)(b) or (c) of that section only by a person listed in Part 1 or 2 of Schedule 3.

(3)The power in section 41(1) may be exercised only by a person listed in Part 1 of Schedule 3.

(4)The Secretary of State may by regulations made by statutory instrument amend Schedule 3—

(a)so as to add a reference to a person;

(b)so as to remove a reference to a person;

(c)so as to modify a description of a person mentioned in that Schedule.

(5)Regulations under subsection (4) may contain transitional, transitory or saving provision.

(6)The Secretary of State must consult the Scottish Ministers before making regulations under subsection (4) if and so far as the regulations make provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(7)The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under subsection (4) if and so far as the regulations make provision that, if it were contained in an Act of the Northern Ireland Assembly—

(a)would be within the legislative competence of that Assembly, and

(b)would not require the consent of the Secretary of State.

(8)Subject to subsection (9), a statutory instrument containing regulations under subsection (4)(a) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(9)Subsection (8) does not apply to a statutory instrument containing regulations which—

(a)remove a reference to a person from Part 1 of Schedule 3 and add a reference to that person to Part 2 or 3 of that Schedule, or

(b)remove a reference to a person from Part 2 of that Schedule and add a reference to that person to Part 3 of that Schedule.

(10)A statutory instrument containing—

(a)regulations under subsection (4)(a) to which subsection (9) applies, or

(b)regulations under subsection (4)(b) or (c),

and which is not a statutory instrument to which subsection (8) applies is subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I81S. 44 not in force at Royal Assent, see s. 208(1)

I82S. 44 in force at 8.11.2022 by S.I. 2022/1075, reg. 5(h)

CHAPTER 4U.K.Other provisions

Pre-charge bailE+W

45Pre-charge bailE+W

(1)Schedule 4 contains amendments relating to pre-charge bail.

(2)In that Schedule—

(a)Part 1 makes provision relating to the grant of pre-charge bail,

(b)Part 2 makes provision about the factors to be taken into account in determining whether to grant pre-charge bail,

(c)Part 3 makes provision requiring the views of alleged victims to be sought in relation to the grant or variation of pre-charge bail subject to conditions,

(d)Part 4 makes provision relating to limits on periods of pre-charge bail,

(e)Part 5 makes provision about the determination of a period of police detention following a person’s arrest for breach of pre-charge bail, and

(f)Part 6 makes provision for guidance about pre-charge bail.

(3)An amendment made by Schedule 4—

(a)applies in relation to a person arrested for an offence only if the person was arrested for the offence after the coming into force of that amendment,

(b)applies in relation to a person arrested under section 46A of the Police and Criminal Evidence Act 1984 (failure to answer to police bail etc) only if the person was arrested after the coming into force of that amendment for the offence for which the person was originally released on bail, and

(c)applies in relation to a person arrested under section 24A of the Criminal Justice Act 2003 (failure to comply with conditional caution) only if the person was arrested after the coming into force of that amendment for the offence in respect of which the caution was given.

Commencement Information

I83S. 45 not in force at Royal Assent, see s. 208(1)

I84S. 45 in force at 26.10.2022 for specified purposes by S.I. 2022/1075, reg. 3(d)

I85S. 45 in force at 28.10.2022 in so far as not already in force by S.I. 2022/1075, reg. 4(a)

Sexual offencesE+W

46Arranging or facilitating commission of a child sex offenceE+W

(1)Section 14 of the Sexual Offences Act 2003 (arranging or facilitating commission of a child sex offence) is amended in accordance with subsections (2) and (3).

(2)In subsection (1), in paragraph (b), for “9” substitute “5”.

(3)In subsection (4), for paragraphs (a) and (b) substitute “to the penalty to which the person would be liable on conviction of the offence within subsection (1)(b)”.

Commencement Information

I86S. 46 not in force at Royal Assent, see s. 208(1)

I87S. 46 in force at 28.6.2022 by S.I. 2022/520, reg. 5(d)

47Positions of trustE+W

(1)The Sexual Offences Act 2003 is amended as follows.

(2)After section 22 insert—

22AFurther positions of trust

(1)For the purposes of sections 16 to 19, a person (A) is in a position of trust in relation to another person (B) if—

(a)A coaches, teaches, trains, supervises or instructs B, on a regular basis, in a sport or a religion, and

(b)A knows that they coach, teach, train, supervise or instruct B, on a regular basis, in that sport or religion.

(2)In subsection (1)—

  • sport” includes—

    (a)

    any game in which physical skill is the predominant factor, and

    (b)

    any form of physical recreation which is also engaged in for purposes of competition or display;

  • religion” includes—

    (a)

    a religion which involves belief in more than one god, and

    (b)

    a religion which does not involve belief in a god.

(3)This section does not apply where a person (A) is in a position of trust in relation to another person (B) by virtue of circumstances within section 21.

(4)The Secretary of State may by regulations amend subsections (1) and (2) to add or remove an activity in which a person may be coached, taught, trained, supervised or instructed.

(3)In section 138(2) (orders and regulations) after “section 21,” insert “22A,”.

Commencement Information

I88S. 47 in force at 28.6.2022, see s. 208(5)(c)

48Voyeurism: breast-feedingE+W

(1)Section 67A of the Sexual Offences Act 2003 (voyeurism: additional offences) is amended as follows.

(2)After subsection (2) insert—

(2A)A person (A) commits an offence if—

(a)A operates equipment,

(b)A does so with the intention of enabling A or another person (C), for a purpose mentioned in subsection (3), to observe another (B) while B is breast-feeding a child, and

(c)A does so—

(i)without B’s consent, and

(ii)without reasonably believing that B consents.

(2B)A person (A) commits an offence if—

(a)A records an image of another (B) while B is breast-feeding a child,

(b)A does so with the intention that A or another person (C) will look at the image for a purpose mentioned in subsection (3), and

(c)A does so—

(i)without B’s consent, and

(ii)without reasonably believing that B consents.

(3)In subsection (3), for “and (2)” substitute “to (2B)”.

(4)After subsection (3) insert—

(3A)In this section a reference to B breast-feeding a child includes B re-arranging B’s clothing—

(a)in the course of preparing to breast-feed the child, or

(b)having just finished breast-feeding the child.

(3B)It is irrelevant for the purposes of subsections (2A) and (2B)—

(a)whether or not B is in a public place while B is breast-feeding the child,

(b)whether or not B’s breasts are exposed while B is breast-feeding the child, and

(c)what part of B’s body—

(i)is, or is intended by A to be, visible in the recorded image, or

(ii)is intended by A to be observed.

Commencement Information

I89S. 48 not in force at Royal Assent, see s. 208(1)

I90S. 48 in force at 28.6.2022 by S.I. 2022/520, reg. 5(e)

Domestic abuseE+W

49Time limit for prosecution of common assault or battery in domestic abuse casesE+W

After section 39 of the Criminal Justice Act 1988 insert—

39ATime limit for prosecution of common assault or battery in domestic abuse cases

(1)This section applies to proceedings for an offence of common assault or battery where—

(a)the alleged behaviour of the accused amounts to domestic abuse, and

(b)the condition in subsection (2) or (3) is met.

(2)The condition in this subsection is that—

(a)the complainant has made a witness statement with a view to its possible admission as evidence in the proceedings, and

(b)the complainant has provided the statement to—

(i)a constable of a police force, or

(ii)a person authorised by a constable of a police force to receive the statement.

(3)The condition in this subsection is that—

(a)the complainant has been interviewed by—

(i)a constable of a police force, or

(ii)a person authorised by a constable of a police force to interview the complainant, and

(b)a video recording of the interview has been made with a view to its possible admission as the complainant’s evidence in chief in the proceedings.

(4)Proceedings to which this section applies may be commenced at any time which is both—

(a)within two years from the date of the offence to which the proceedings relate, and

(b)within six months from the first date on which either of the conditions in subsection (2) or (3) was met.

(5)This section has effect despite section 127(1) of the Magistrates’ Court Act 1980 (limitation of time).

(6)In this section—

  • domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;

  • police force” has the meaning given by section 3(3) of the Prosecution of Offences Act 1985;

  • video recording” has the meaning given by section 63(1) of the Youth Justice and Criminal Evidence Act 1999;

  • witness statement” means a written statement that satisfies the conditions in section 9(2)(a) and (b) of the Criminal Justice Act 1967.

(7)This section does not apply in relation to an offence committed before the coming into force of section 49 of the Police, Crime, Sentencing and Courts Act 2022.

Commencement Information

I91S. 49 not in force at Royal Assent, see s. 208(1)

I92S. 49 in force at 28.6.2022 by S.I. 2022/520, reg. 5(f)

Criminal damage to memorialsE+W

50Criminal damage to memorials: mode of trialE+W

(1)In Schedule 2 to the Magistrates’ Courts Act 1980 (offences for which the value involved is relevant to the mode of trial), in paragraph 1 (offences under section 1 of the Criminal Damage Act 1971), in the first column, for the words from “any offence” to the end substitute

(a)

any offence committed by destroying or damaging property by fire, and

(b)

any offence committed by destroying or damaging a memorial (see section 22(11A) to (11D)).

(2)In section 22 of that Act, after subsection (11) insert—

(11A)In paragraph 1 of Schedule 2 “memorial” means—

(a)a building or other structure, or any other thing, erected or installed on land (or in or on any building or other structure on land), or

(b)a garden or any other thing planted or grown on land,

which has a commemorative purpose.

(11B)For the purposes of that paragraph, any moveable thing (such as a bunch of flowers) which—

(a)is left in, on or at a memorial within the meaning of subsection (11A), and

(b)has (or can reasonably be assumed to have) a commemorative purpose,

is also to be regarded as a memorial.

(11C)For the purposes of subsections (11A) and (11B)

(a)references to a building or a structure include a reference to part of a building or part of a structure (as the case may be), and

(b)something has a commemorative purpose if at least one of its purposes is to commemorate—

(i)one or more individuals or animals (or a particular description of individuals or animals), or

(ii)an event or a series of events (such as an armed conflict).

(11D)It is immaterial for the purposes of subsection (11C)(b)(i) whether or not any individuals or animals concerned are or were (at any material time)—

(a)living or deceased, or

(b)capable of being identified.

(3)The amendments made by this section do not apply in relation to offences committed before it comes into force.

Commencement Information

I93S. 50 in force at 28.6.2022, see s. 208(5)(c)

Overseas production ordersU.K.

51Overseas production ordersU.K.

Schedule 5 contains amendments to the Crime (Overseas Production Orders) Act 2019.

Commencement Information

I94S. 51 in force at 28.6.2022, see s. 208(5)(d)

Amendments to the Police and Criminal Evidence Act 1984 etcE+W

52Power to photograph certain persons at a police stationE+W

(1)The Police and Criminal Evidence Act 1984 is amended as follows.

(2)In section 64A (photographing of suspects etc.), after subsection (1B) insert—

(1C)A person to whom subsection (1) or (1A) does not apply may be photographed at a police station without the appropriate consent if that person falls within subsection (1D), (1F) or (1H).

(1D)A person falls within this subsection if (before or after the coming into force of this subsection) that person has been—

(a)arrested for a recordable offence and released,

(b)charged with a recordable offence, or

(c)informed that they will be reported for such an offence,

and either of the conditions in subsection (1E) is met in relation to that person.

(1E)The conditions referred to in subsection (1D) are—

(a)that the person has not been photographed in the course of the investigation of the offence by the police, or

(b)that the person has been so photographed but—

(i)any photograph taken on such a previous occasion is unavailable or inadequate, and

(ii)a constable considers that taking a further photograph is necessary to assist in the prevention or detection of crime.

(1F)A person falls within this subsection if (before or after the coming into force of this subsection) that person has been—

(a)convicted of a recordable offence, or

(b)given a caution in respect of a recordable offence which, at the time of the caution they have admitted,

and either of the conditions in subsection (1G) is met in relation to that person.

(1G)The conditions referred to in subsection (1F) are—

(a)that the person has not been photographed since being convicted or cautioned, or

(b)that the person has been so photographed but—

(i)any photograph taken on such a previous occasion is unavailable or inadequate, and

(ii)a constable considers that taking a further photograph is necessary to assist in the prevention or detection of crime.

(1H)A person falls within this subsection if—

(a)under the law in force in a country or territory outside England and Wales the person has been convicted of an offence under that law (whether before or after the coming into force of this subsection and whether or not they have been punished for it),

(b)the act constituting the offence would constitute a qualifying offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted), and

(c)either of the conditions in subsection (1I) is met in relation to that person.

(1I)The conditions referred to in subsection (1H) are—

(a)that the person has not been photographed on a previous occasion by virtue of being a person falling within subsection (1H), or

(b)that the person has been so photographed but—

(i)any photograph taken on such a previous occasion is unavailable or inadequate, and

(ii)a constable considers that taking a further photograph is necessary to assist in the prevention or detection of crime.

(1J)A person who falls within subsection (1F) or (1H) may be photographed under subsection (1C) only with the authorisation of an officer of at least the rank of inspector.

(1K)An officer may only give an authorisation under subsection (1J) if the officer is satisfied that taking the photograph is necessary to assist in the prevention or detection of crime.

(1L)In subsections (1E), (1G) and (1I)—

(a)references to a photograph being unavailable include references to a photograph being lost or destroyed, and

(b)references to a photograph being inadequate include references to a photograph being—

(i)unclear,

(ii)an incomplete photograph of the subject, or

(iii)no longer an accurate representation of the subject’s appearance.

(1M)In subsections (1E), (1G), (1I) and (1K) references to crime include references to any conduct which—

(a)constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom), or

(b)is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences.

(3)Schedule 2A (fingerprinting and samples: power to require attendance at police station) is amended in accordance with subsections (4) to (8).

(4)In the heading of the Schedule, for “and samples” substitute “, samples and photographs”.

(5)After Part 3 insert—

PART 3AE+WPhotographs
Persons arrested and released

14A(1)A constable may require a person who falls within section 64A(1D)(a) to attend a police station to be photographed under section 64A(1C).

(2)The power under sub-paragraph (1) may not be exercised in a case where section 64A(1E)(b) applies (photograph taken on a previous occasion unavailable or inadequate) after the end of the period of six months beginning with the day on which the appropriate officer was informed that section 64(1E)(b)(i) applied.

(3)In sub-paragraph (2) the “appropriate officer” means the officer investigating the offence for which the person was arrested.

Persons charged etc.

14B(1)A constable may require a person who falls within section 64A(1D)(b) or (c) to attend a police station to be photographed under section 64A(1C).

(2)The power under sub-paragraph (1) may not be exercised after the end of the period of six months beginning with—

(a)in a case where section 64A(1E)(a) applies (photograph not previously taken), the day on which the person was charged or informed that they would be reported, or

(b)in a case where section 64A(1E)(b) applies (photograph taken on a previous occasion unavailable or inadequate), the day on which the appropriate officer was informed that section 64A(1E)(b)(i) applied.

(3)In sub-paragraph (2)(b) the “appropriate officer” means the officer investigating the offence for which the person was charged or informed that they would be reported.

Persons convicted of an offence etc. in England and Wales

14C(1)A constable may require a person who falls within section 64A(1F) to attend a police station to be photographed under section 64A(1C).

(2)Where section 64A(1G)(a) applies (photographs not previously taken), the power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with—

(a)the day on which the person was convicted or cautioned, or

(b)if later, the day on which this Part comes into force.

(3)Where section 64A(1G)(b) applies (photograph taken on previous occasion unavailable or inadequate), the power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with—

(a)the day on which an appropriate officer was informed that section 64A(1G)(b)(i) applied, or

(b)if later, the day on which this Part comes into force.

(4)In sub-paragraph (3)(a), “appropriate officer” means an officer of the police force which investigated the offence in question.

(5)Sub-paragraphs (2) and (3) do not apply where the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction or caution).

Persons convicted of an offence etc. outside England and Wales

14DA constable may require a person falling within section 64A(1H) to attend at a police station to be photographed under section 64A(1C).

Multiple exercise of power

14E(1)Where a photograph is taken of a person under section 64A on two occasions in relation to any offence, the person may not under this Schedule be required to attend a police station to be photographed under that section in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector.

(2)Where an authorisation is given under sub-paragraph (1)—

(a)the fact of the authorisation, and

(b)the reasons for giving it,

must be recorded as soon as practicable after it has been given.

(6)In the italic heading before paragraph 15 (requirement to have power to take fingerprints or sample), for “or sample” substitute “, sample or photograph”.

(7)In paragraph 15—

(a)for “or a sample” substitute “, a sample or a photograph”, and

(b)for “or sample”, in both places it occurs, substitute “, sample or photograph”.

(8)In paragraph 16(2) (date and time of attendance), for “or sample” substitute “, sample or photograph”.

Commencement Information

I95S. 52 in force at 28.6.2022, see s. 208(5)(e)

53Power to specify date of attendance at police station for fingerprinting etcE+W

(1)Paragraph 16 of Schedule 2A to the Police and Criminal Evidence Act 1984 (attendance at police station for fingerprinting and taking of samples: date and time of attendance) is amended as follows.

(2)For sub-paragraph (1) substitute—

(1)A requirement under this Schedule—

(a)must direct the person to attend the police station on a specified date, and

(b)may either direct the person to attend the police station at a specified time on that date or direct the person to attend the police station between specified times on that date.

(3)In sub-paragraph (2), for “period or time or times of day” substitute “date, time or times”.

(4)Omit sub-paragraphs (3) and (4).

(5)In sub-paragraph (5), for “any period within which, or date or time at which,” substitute “any date, time at which or times between which”.

(6)The amendments made by this section apply only in relation to a requirement to attend a police station given under Schedule 2A to the Police and Criminal Evidence Act 1984 after the coming into force of this section.

Commencement Information

I96S. 53 in force at 28.6.2022, see s. 208(5)(e)

54PACE etc powers for food crime officersE+W

(1)In the Police and Criminal Evidence Act 1984, after section 114B insert—

114CPower to apply Act to food crime officers

(1)The Secretary of State may by regulations apply any provision of this Act which relates to investigations of offences conducted by police officers to investigations of offences conducted by food crime officers.

(2)The regulations may apply provisions of this Act with any modifications specified in the regulations.

(3)In this section “food crime officer” means an officer of the Food Standards Agency who—

(a)is acting for the purposes of the performance by the Food Standards Agency of its functions under the Food Standards Act 1999 or any other enactment (including functions relating to the investigation of offences), and

(b)is authorised (whether generally or specifically) by the Secretary of State for the purposes of this section.

(4)The investigations for the purposes of which provisions of this Act may be applied by regulations under this section include investigations of offences committed, or suspected of having been committed, before the coming into force of the regulations or of this section.

(5)Regulations under this section are to be made by statutory instrument.

(6)Regulations under this section may make—

(a)different provision for different purposes;

(b)provision which applies generally or for particular purposes;

(c)incidental, supplementary, consequential, transitional or transitory provision or savings.

(7)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(8)In this section “enactment” includes—

(a)an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, and

(b)an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru.

(2)In the Criminal Justice and Public Order Act 1994, after section 39 insert—

39APower to apply sections 36 and 37 in relation to food crime officers

(1)The Secretary of State may by regulations provide for any provision of section 36 or 37 that applies in relation to a constable to apply in relation to a food crime officer.

(2)Regulations under subsection (1) may apply any provision of section 36 or 37 with any modifications specified in the regulations.

(3)Regulations under subsection (1) may not apply a provision of section 36 or 37 in relation to a failure or refusal which occurred before the regulations come into force.

(4)Regulations under subsection (1) are to be made by statutory instrument.

(5)Regulations under subsection (1) may make—

(a)different provision for different purposes;

(b)provision which applies generally or for particular purposes;

(c)incidental, supplementary, consequential, transitional or transitory provision or savings.

(6)A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In this section “food crime officer” has the meaning given by section 114C of the Police and Criminal Evidence Act 1984 (PACE powers for food crime officers).

(3)In the Food Standards Act 1999, after section 25 insert—

25AObstruction of food crime officers

(1)A person commits an offence if the person—

(a)intentionally obstructs a food crime officer who is acting in the exercise of functions conferred on the officer by virtue of section 114C of the Police and Criminal Evidence Act 1984 (PACE powers for food crime officers),

(b)fails without reasonable excuse to comply with any requirement made of the person by such a food crime officer who is so acting, or

(c)in purported compliance with such a requirement provides information which the person knows to be false or misleading in any material particular or recklessly provides information which is false or misleading in any material particular.

(2)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine, or to both.

(3)In this section “food crime officer” has the meaning given by section 114C of the Police and Criminal Evidence Act 1984 (PACE powers for food crime officers).

(4)In the Police Reform Act 2002—

(a)in section 10 (general functions of the Director General)—

(i)in subsection (1), at the end of paragraph (ga) insert ; and

(gb)to carry out such corresponding functions in relation to officers of the Food Standards Agency acting in the exercise of functions conferred on them by virtue of—

(i)section 114C of the Police and Criminal Evidence Act 1984 (PACE powers for food crime officers), or

(ii)section 39A of the Criminal Justice and Public Order Act 1994 (powers for food crime officers: inferences from silence)., and

(ii)in subsection (3), after paragraph (bd) insert—

(be)any regulations under section 26E of this Act (food crime officers);, and

(b)after section 26D insert—

26EFood crime officers

(1)The Secretary of State may make regulations conferring functions on the Director General in relation to officers of the Food Standards Agency (the “Agency”) acting in the exercise of functions conferred on them by virtue of—

(a)section 114C of the Police and Criminal Evidence Act 1984 (PACE powers for food crime officers), or

(b)section 39A of the Criminal Justice and Public Order Act 1994 (powers for food crime officers: inferences from silence).

(2)Regulations under this section may, in particular—

(a)apply (with or without modifications), or make provision similar to, any provision of or made under this Part;

(b)make provision for payment by the Agency to, or in respect of, the Office or in respect of the Director General.

(3)The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—

(a)the Director General has functions by virtue of this section, and

(b)the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.

(4)An officer of the Agency may disclose information to the Director General or to a person acting on the Director General’s behalf, for the purposes of the exercise by the Director General or by any person acting on the Director General’s behalf, of an Agency complaints function.

(5)The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—

(a)by virtue of this section, or

(b)under the Parliamentary Commissioner Act 1967.

(6)Regulations under this section may, in particular, make—

(a)further provision about the disclosure of information under subsection (4) or (5);

(b)provision about the further disclosure of information that has been so disclosed.

(7)A disclosure of information authorised by this section does not breach—

(a)any obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(8)But this section does not authorise a disclosure of information that—

(a)would contravene the data protection legislation (but in determining whether a disclosure would do so, the power conferred by this section is to be taken into account), or

(b)is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(9)In this section—

  • Agency complaints function” means a function in relation to the exercise of functions by officers of the Agency;

  • data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

(5)The amendments made by subsections (1) to (3) and any regulations made under provision inserted by subsections (1) and (2) bind the Crown.

(6)No contravention by the Crown of section 25A of the Food Standards Act 1999 (as inserted by subsection (3)) makes the Crown criminally liable; but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention.

(7)That section applies to persons in the public service of the Crown as it applies to other persons.

(8)If the Secretary of State certifies that it appears requisite or expedient in the interests of national security that any powers of entry conferred by regulations made under provision inserted by subsection (1) should not be exercisable in relation to any Crown premises specified in the certificate, those powers shall not be exercisable in relation to those premises.

(9)In this section “Crown premises” means premises held or used by or on behalf of the Crown.

(10)Nothing in this section affects Her Majesty in her private capacity; and this subsection is to be interpreted as if section 38(3) of the Crown Proceedings Act 1947 (references to Her Majesty in her private capacity) were contained in this Act.

Commencement Information

I97S. 54 in force at 28.6.2022, see s. 208(5)(f)

Search for material relating to human remainsU.K.

55Entry and search of premises for human remains or material relating to human remainsE+W

(1)On an application made by a constable, a justice of the peace may issue a warrant authorising a constable to enter and search premises if the justice of the peace is satisfied that the following conditions are met.

(2)The first condition is that there are reasonable grounds for believing that there is material on the premises mentioned in subsection (5) that consists of, or may relate to the location of, relevant human remains.

(3)The second condition is that there are reasonable grounds for believing that the material does not consist of or include—

(a)items subject to legal privilege,

(b)excluded material, or

(c)special procedure material.

(4)The third condition is that there are reasonable grounds for believing, in relation to each set of premises specified in the application—

(a)that it is not practicable to communicate with any person entitled to grant entry to the premises,

(b)that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the material,

(c)that entry to the premises will not be granted unless a warrant is produced, or

(d)that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

(5)The premises referred to in subsection (2) are—

(a)one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”), or

(b)any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

(6)If the application is for an all premises warrant, the justice of the peace must also be satisfied—

(a)that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in subsection (2), and

(b)that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched.

(7)The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the justice of the peace issues the warrant.

(8)If the warrant authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.

(9)A constable may—

(a)seize and retain anything for which a search has been authorised under subsection (1), and

(b)if necessary, use reasonable force in the exercise of a power conferred by a warrant issued under this section.

(10)The power to issue a warrant conferred by this section is in addition to any such power otherwise conferred.

(11)In this section, section 56 and Schedule 6 “relevant human remains” means the body or any other human remains of—

(a)a person who the constable making the application reasonably believes to have died in England and Wales but whose death has not been registered under section 15 of the Births and Deaths Registration Act 1953,

(b)a person whose death has been registered under that Act following an investigation under section 1(5) of the Coroners and Justice Act 2009, or

(c)a person in respect of whom a declaration has been made under section 2 of the Presumption of Death Act 2013.

(12)In this section, section 56 and Schedule 6 the following expressions have the same meaning as in the Police and Criminal Evidence Act 1984—

(a)items subject to legal privilege” (see section 10 of that Act);

(b)excluded material” (see section 11 of that Act);

(c)special procedure material” (see section 14 of that Act);

(d)premises” (see section 23 of that Act).

Commencement Information

I98S. 55 not in force at Royal Assent, see s. 208(1)

I99S. 55 in force at 28.6.2022 by S.I. 2022/520, reg. 5(g)

56Special procedure for access to material relating to human remainsU.K.

(1)Schedule 6 makes provision for a constable to obtain access to excluded material or special procedure material that consists of, or relates to the location of, relevant human remains.

(2)Section 4 of the Summary Jurisdiction (Process) Act 1881 (which includes provision for the execution of process of English and Welsh courts in Scotland) and section 29 of the Petty Sessions (Ireland) Act 1851 (which makes equivalent provision for execution in Northern Ireland) apply to any process issued by a judge under Schedule 6 to this Act as they apply to process issued by a magistrates’ court under the Magistrates’ Courts Act 1980.

Commencement Information

I100S. 56 not in force at Royal Assent, see s. 208(1)

I101S. 56(1) in force at 28.6.2022 by S.I. 2022/520, reg. 5(g)

I102S. 56(2) in force at 28.6.2022 by S.I. 2022/520, reg. 5(h)

57Additional seizure powersU.K.

In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (powers of seizure to which section 50 of that Act applies), at the end insert—

Police, Crime, Sentencing and Courts Act 2022

73UEach of the powers of seizure conferred by section 55(9)(a) of, and paragraph 11(a) of Schedule 6 to, the Police, Crime, Sentencing and Courts Act 2022 (seizure in connection with human remains or material relating to human remains).

Commencement Information

I103S. 57 not in force at Royal Assent, see s. 208(1)

I104S. 57 in force at 28.6.2022 by S.I. 2022/520, reg. 5(h)

Prisoner custody officersE+W

58Functions of prisoner custody officers in relation to live link hearingsE+W

(1)The Criminal Justice Act 1991 is amended as follows.

(2)Section 80 (arrangements for the provision of prisoner escorts) is amended in accordance with subsections (3) to (5).

(3)In subsection (1), after paragraph (b) insert—

(ba)the custody of prisoners at a police station for any purpose connected with their participation in a preliminary, sentencing or enforcement hearing through a live audio link or live video link;.

(4)After subsection (1A) insert—

(1B)Subsection (1)(ba) applies in relation to prisoners whether the hearing is yet to take place, is taking place or has taken place.

(5)In subsection (4), at the appropriate place insert—

  • “enforcement hearing”, “live audio link”, “live video link”, “preliminary hearing” and “sentencing hearing” each has the meaning given in section 56(1) of the Criminal Justice Act 2003;.

(6)Section 82 (powers and duties of prisoner custody officers) is amended in accordance with subsections (7) and (8).

(7)After subsection (4) insert—

(4A)Subsections (4B) and (4C) apply if a prisoner custody officer acting in pursuance of prisoner escort arrangements is at a police station for the purposes of exercising functions under section 80(1)(ba) (custody of prisoners in relation to live link proceedings) in relation to a prisoner.

(4B)It is the prisoner custody officer’s duty to give effect to—

(a)any order of the Crown Court under section 142 of the Powers of Criminal Courts (Sentencing) Act 2000 in relation to the prisoner, or

(b)any order of a magistrates’ court under section 80 of the 1980 Act in relation to the prisoner.

(4C)The fact that the prisoner custody officer is exercising, or may exercise, functions under section 80(1)(ba) in relation to the prisoner does not prevent a constable from exercising any powers in relation to the prisoner that are otherwise available to the constable.

(8)In subsection (5) for “and (4)” substitute “, (4) and (4B)”.

Commencement Information

I105S. 58 in force at 28.6.2022, see s. 208(5)(g)

Proceeds of crimeU.K.

59Proceeds of crime: account freezing ordersU.K.

(1)In section 303Z1 of the Proceeds of Crime Act 2002 (application for account freezing order)—

(a)omit subsections (5A) and (5B), and

(b)in subsection (6), at the appropriate place insert—

  • relevant financial institution” means—

    (a)

    a bank,

    (b)

    a building society,

    (c)

    an electronic money institution, or

    (d)

    a payment institution.

(2)In section 316(1) of that Act (general interpretation), in the definition of “relevant financial institution”, after “303Z1” insert “(6)”.

(3)In section 48 of the Financial Services Act 2021 (extent)—

(a)in subsection (1), for “subsections (2) and (3)” substitute “subsection (2)”, and

(b)omit subsection (3).

(4)In paragraph 14 of Schedule 12 to that Act (forfeiture of money: electronic money institutions and payment institutions) omit sub-paragraphs (3) and (4).

Commencement Information

I106S. 59 in force at 28.6.2022, see s. 208(5)(h)

Non-criminal hate incidentsE+W

60Code of practice relating to non-criminal hate incidentsE+W

(1)The Secretary of State may issue a code of practice about the processing by a relevant person of personal data relating to a hate incident.

(2)In this section “hate incident” means an incident or alleged incident which involves or is alleged to involve an act by a person (“the alleged perpetrator”) which is perceived by a person other than the alleged perpetrator to be motivated (wholly or partly) by hostility or prejudice towards persons with a particular characteristic.

(3)The provision that may be made by a code of practice under this section includes, in particular, provision about—

(a)whether and how personal data relating to a hate incident should be recorded;

(b)the persons who are to process such personal data;

(c)the circumstances in which a data subject should be notified of the processing of such personal data;

(d)the retention of such personal data, including the period for which it should be retained and the circumstances in which and the procedures by which that period might be changed;

(e)the consideration by a relevant person of requests by the data subject relating to such personal data.

(4)But a code of practice under this section must not make provision about—

(a)the processing of personal data for the purposes of a criminal investigation, or

(b)the processing of personal data relating to the alleged perpetrator of a hate incident at any time after they have been charged with an offence relating to the hate incident.

(5)A code of practice under this section may make different provision for different purposes.

(6)A relevant person must have regard to the code of practice that is for the time being in force under this section in processing personal data relating to a hate incident.

(7)In this section—

  • data subject” has the meaning given by section 3(5) of the Data Protection Act 2018;

  • personal data” has the meaning given by section 3(2) of that Act;

  • processing” has the meaning given by section 3(4) of that Act.

(8)In this section “relevant person” means—

(a)a member of a police force in England and Wales,

(b)a special constable appointed under section 27 of the Police Act 1996,

(c)a member of staff appointed by the chief officer of police of a police force in England and Wales,

(d)a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002,

(e)an employee of the Common Council of the City of London who is under the direction and control of a chief officer of police,

(f)a constable of the British Transport Police Force,

(g)a special constable of the British Transport Police Force appointed under section 25 of the Railways and Transport Safety Act 2003,

(h)an employee of the British Transport Police Authority appointed under section 27 of that Act,

(i)a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002 as applied by section 28 of the Railways and Transport Safety Act 2003, or

(j)a National Crime Agency officer.

Commencement Information

I107S. 60 not in force at Royal Assent, see s. 208(1)

I108S. 60 in force at 7.3.2023 by S.I. 2023/227, reg. 2(a)

61Further provision about a code of practice under section 60E+W

(1)The Secretary of State may not issue a code of practice under section 60 unless a draft of the code has been laid before and approved by a resolution of each House of Parliament.

(2)The Secretary of State may from time to time revise and reissue a code of practice under section 60.

(3)Before reissuing a code of practice the Secretary of State must lay a draft of the code as proposed to be reissued before Parliament.

(4)If, within the 40-day period, either House of Parliament resolves not to approve the code of practice laid under subsection (3)

(a)the code is not to be reissued, and

(b)the Secretary of State may prepare another code.

(5)If no such resolution is passed within the 40-day period, the Secretary of State may reissue the code of practice.

(6)In this section “the 40-day period” means—

(a)the period of 40 days beginning with the day on which the draft is laid before Parliament, or

(b)if the draft is not laid before each House on the same day, the period of 40 days beginning with the later of the days on which it is laid before Parliament.

(7)In calculating the 40-day period no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses of Parliament are adjourned for more than 4 days.

Commencement Information

I109S. 61 not in force at Royal Assent, see s. 208(1)

I110S. 61 in force at 7.3.2023 by S.I. 2023/227, reg. 2(b)

Offences relating to hares etcU.K.

62Increase in penalty for offences related to game etcU.K.

(1)Section 1 of the Night Poaching Act 1828 (taking or destroying game or rabbits by night or entering land for that purpose) is amended in accordance with subsections (2) to (4).

(2)The existing text becomes subsection (1).

(3)In that subsection—

(a)after “conviction” insert “to imprisonment for a term not exceeding 51 weeks,”, and

(b)for “not exceeding level 3 on the standard scale” substitute “or to both”.

(4)After that subsection insert—

(2)In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (1) to 51 weeks is to be read as a reference to 6 months.

(5)Section 30 of the Game Act 1831 (trespass in daytime in search of game etc) is amended in accordance with subsections (6) to (8).

(6)The existing text becomes subsection (1).

(7)In that subsection—

(a)for the words from “conviction”, in the first place it occurs, to “seem meet”, in the second place it occurs, substitute “summary conviction, be liable to imprisonment for a term not exceeding 51 weeks, to a fine or to both”, and

(b)for “each of the two offences” substitute “the offence”.

(8)After that subsection insert—

(2)In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (1) to 51 weeks is to be read as a reference to 6 months.

(9)In section 4A of the Game Laws (Amendment) Act 1960 (forfeiture of vehicles), in subsection (1), omit “as one of five or more persons liable under that section”.

(10)The amendments made by this section have effect only in relation to offences committed on or after the day on which this section comes into force.

Commencement Information

I111S. 62 not in force at Royal Assent, see s. 208(1)

I112S. 62 in force at 1.8.2022 by S.I. 2022/520, reg. 7

63Trespass with intent to search for or to pursue hares with dogs etcE+W

(1)A person commits an offence if they trespass on land with the intention of—

(a)using a dog to search for or to pursue a hare,

(b)facilitating or encouraging the use of a dog to search for or to pursue a hare, or

(c)enabling another person to observe the use of a dog to search for or to pursue a hare.

(2)It is a defence for a person charged with an offence under subsection (1) to prove that they had a reasonable excuse for the trespass mentioned in that subsection.

(3)A person guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to both.

(4)In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (3) to 51 weeks is to be read as a reference to 6 months.

Commencement Information

I113S. 63 not in force at Royal Assent, see s. 208(1)

I114S. 63 in force at 1.8.2022 by S.I. 2022/520, reg. 7

64Being equipped for searching for or pursuing hares with dogs etcE+W

(1)A person commits an offence if they have an article with them in a place other than a dwelling with the intention that it will be used in the course of or in connection with the commission by any person of an offence under section 63 (trespass with intent to search for or to pursue hares with dogs etc).

(2)Where a person is charged with an offence under subsection (1), proof that the person had with them any article made or adapted for use in committing an offence under section 63 is evidence that the person had it with them with the intention that it would be used in the course of or in connection with the commission by any person of an offence under that section.

(3)A person guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to both.

(4)In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (3) to 51 weeks is to be read as a reference to 6 months.

(5)In this section—

  • article” includes a vehicle and, except in subsection (2), an animal;

  • dwelling” means—

    (a)

    a building or structure which is used as a dwelling, or

    (b)

    a part of a building or structure, if the part is used as a dwelling,

    and includes any yard, garden, garage or outhouse belonging to and used with a dwelling.

Commencement Information

I115S. 64 not in force at Royal Assent, see s. 208(1)

I116S. 64 in force at 1.8.2022 by S.I. 2022/520, reg. 7

65Recovery order on conviction for certain offences involving dogsE+W

(1)This section applies where—

(a)a person is convicted of an offence within subsection (5) which was committed on or after the day on which this section comes into force,

(b)a dog was used in or was present at the commission of the offence, and

(c)the dog was lawfully seized and detained in connection with the offence.

(2)The court may make an order (a “recovery order”) requiring the offender to pay all the expenses incurred by reason of the dog’s seizure and detention.

(3)Any sum required to be paid under subsection (2) is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.

(4)Where a recovery order is available for an offence, the court may make such an order whether or not it deals with the offender in any other way for the offence.

(5)The following offences are within this subsection—

(a)an offence under section 1 of the Night Poaching Act 1828 (taking or destroying game or rabbits by night or entering land for that purpose);

(b)an offence under section 30 of the Game Act 1831 (trespass in daytime in search of game etc);

(c)an offence under section 63 (trespass with intent to search for or to pursue hares with dogs etc);

(d)an offence under section 64 (being equipped for searching for or pursuing hares with dogs etc).

Commencement Information

I117S. 65 not in force at Royal Assent, see s. 208(1)

I118S. 65 in force at 1.8.2022 by S.I. 2022/520, reg. 7

66Disqualification order on conviction for certain offences involving dogsE+W

(1)This section applies where—

(a)a person is convicted of an offence within subsection (9) which was committed on or after the day on which this section comes into force, and

(b)a dog was used in or was present at the commission of the offence.

(2)The court may make an order (a “disqualification order”) disqualifying the offender, for such period as the court thinks fit, from—

(a)owning dogs,

(b)keeping dogs, or

(c)both.

(3)The disqualification order may specify a period during which the offender may not make an application under section 68 to terminate the order.

(4)The court may, where it appears to the court that the offender owns or keeps a dog, suspend the operation of the disqualification order for such period as it thinks necessary for enabling alternative arrangements to be made in respect of the dog.

(5)Where a court makes a disqualification order, it must—

(a)give its reasons for making the order in open court, and

(b)cause them to be entered in the register of its proceedings.

(6)A person who breaches a disqualification order commits an offence.

(7)A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8)Where a disqualification order is available for an offence, the court may make such an order whether or not it deals with the offender in any other way for the offence.

(9)The following offences are within this subsection—

(a)an offence under section 1 of the Night Poaching Act 1828 (taking or destroying game or rabbits by night or entering land for that purpose);

(b)an offence under section 30 of the Game Act 1831 (trespass in daytime in search of game etc);

(c)an offence under section 63 (trespass with intent to search for or to pursue hares with dogs etc);

(d)an offence under section 64 (being equipped for searching for or pursuing hares with dogs etc).

(10)In section 171 of the Sentencing Code (offences relating to animals), after subsection (2) insert—

(3)See section 66 of the Police, Crime, Sentencing and Courts Act 2022 (disqualification order on conviction for certain offences involving dogs) for orders relating to disqualification in the case of offences involving dogs under that Act, the Night Poaching Act 1828 and the Game Act 1831.

Commencement Information

I119S. 66 not in force at Royal Assent, see s. 208(1)

I120S. 66 in force at 1.8.2022 by S.I. 2022/520, reg. 7

67Seizure and disposal of dogs in connection with disqualification orderE+W

(1)Where, on a court making a disqualification order, it appears to the court that the person to whom the order applies owns or keeps a dog contrary to the order, the court may order that the dog be taken into possession.

(2)Where a person is convicted of an offence under section 66(6) by reason of owning or keeping a dog in breach of a disqualification order, the court by which the person is convicted may order that all dogs owned or kept in breach of the order be taken into possession.

(3)An order under subsection (1) or (2), so far as relating to any dog owned by the person to whom the disqualification order applies, must make provision for disposal of the dog.

(4)Any dog taken into possession in pursuance of an order under subsection (1) or (2) that is not owned by the person subject to the disqualification order is to be dealt with in such manner as an appropriate court may order.

(5)But an order under subsection (4) may not provide for the dog to be—

(a)destroyed, or

(b)disposed of for the purposes of vivisection.

(6)A court may not make an order for disposal of the dog under subsection (4) unless—

(a)it has given the owner of the dog an opportunity to be heard, or

(b)it is satisfied that it is not reasonably practicable to communicate with the owner.

(7)Where a court makes an order under subsection (4) for the disposal of the dog, the owner of the dog may appeal against the order to the Crown Court.

(8)In this section—

  • appropriate court” means—

    (a)

    the magistrates’ court which made the order under subsection (1) or (2), or

    (b)

    another magistrates’ court acting for the same local justice area as that court;

  • disqualification order” has the same meaning as in section 66.

(9)In this section references to disposing of a dog do not include—

(a)destroying it, or

(b)disposing of it for the purposes of vivisection.

Commencement Information

I121S. 67 not in force at Royal Assent, see s. 208(1)

I122S. 67 in force at 1.8.2022 by S.I. 2022/520, reg. 7

68Termination of disqualification orderE+W

(1)A person who is subject to a disqualification order may apply to an appropriate court for the order to be terminated.

(2)No application under subsection (1) may be made—

(a)before the end of the period of one year beginning with the date on which the disqualification order was made,

(b)where a previous application under that subsection has been made in relation to the same order, before the end of the period of one year beginning with the date on which the previous application was determined, or

(c)before the end of any period specified under section 66(3), or subsection (5), in relation to the order.

(3)On an application under subsection (1), the court may—

(a)terminate the disqualification order,

(b)vary the order so as to make it less onerous, or

(c)refuse the application.

(4)When determining an application under subsection (1), the court is to have regard to—

(a)the character of the applicant,

(b)the applicant’s conduct since the disqualification order was made, and

(c)any other relevant circumstances.

(5)Where the court refuses an application under subsection (1) or varies a disqualification order on such an application, it may specify a period during which the applicant may not make a further application under that subsection in relation to the order concerned.

(6)The court may order an applicant to pay all or part of the costs of an application.

(7)In this section—

  • appropriate court” means—

    (a)

    the magistrates’ court which made the disqualification order, or

    (b)

    another magistrates’ court acting for the same local justice area as that court;

  • disqualification order” has the same meaning as in section 66.

Commencement Information

I123S. 68 not in force at Royal Assent, see s. 208(1)

I124S. 68 in force at 1.8.2022 by S.I. 2022/520, reg. 7

69Section 67: supplementaryE+W

(1)The court by which an order under section 67 is made may—

(a)appoint a person to carry out, or arrange for the carrying out of, the order;

(b)require any person who has possession of a dog to which the order applies to deliver it up to enable the order to be carried out;

(c)give directions with respect to the carrying out of the order;

(d)confer additional powers (including power to enter premises where a dog to which the order applies is being kept) for the purpose of, or in connection with, the carrying out of the order;

(e)order the person who committed the offence in relation to which the order was made, or another person, to reimburse the expenses of carrying out the order.

(2)A person who fails to comply with a requirement imposed under subsection (1)(b) commits an offence.

(3)A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)Directions under subsection (1)(c) may—

(a)specify the manner in which a dog is to be disposed of, or

(b)delegate the decision about the manner in which a dog is to be disposed of to a person appointed under subsection (1)(a).

(5)In determining how to exercise its powers under section 67 and this section the court is to have regard (amongst other things) to—

(a)the desirability of protecting the value of any dog to which the order under section 67 applies, and

(b)the desirability of avoiding increasing any expenses which a person may be ordered to reimburse.

(6)In determining how to exercise a power delegated under subsection (4)(b), a person is to have regard, amongst other things, to the things mentioned in subsection (5)(a) and (b).

(7)If the owner of a dog ordered to be disposed of under section 67 is subject to a liability by virtue of subsection (1)(e), any amount to which the owner is entitled as a result of sale of the dog may be reduced by an amount equal to that liability.

(8)Any sum ordered to be paid under subsection (1)(e) is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.

(9)In this section references to disposing of a dog do not include—

(a)destroying it, or

(b)disposing of it for the purposes of vivisection.

Commencement Information

I125S. 69 not in force at Royal Assent, see s. 208(1)

I126S. 69 in force at 1.8.2022 by S.I. 2022/520, reg. 7

70Disqualification orders: appealsE+W

(1)Nothing may be done under an order under section 66 or 67 with respect to a dog unless—

(a)the period for giving notice of appeal against the order has expired,

(b)the period for giving notice of appeal against the conviction on which the order was made has expired, and

(c)if the order or conviction is the subject of an appeal, the appeal has been determined or withdrawn.

(2)Where the effect of an order is suspended under subsection (1)

(a)no requirement imposed or directions given in connection with the order have effect, but

(b)the court may give directions about how any dog to which the order applies is to be dealt with during the suspension.

(3)Directions under subsection (2)(b) may, in particular—

(a)authorise the dog to be taken into possession;

(b)authorise the dog to be cared for either on the premises where it was being kept when it was taken into possession or at some other place;

(c)appoint a person to carry out, or arrange for the carrying out of, the directions;

(d)require any person who has possession of the dog to deliver it up for the purposes of the directions;

(e)confer additional powers (including power to enter premises where the dog is being kept) for the purpose of, or in connection with, the carrying out of the directions;

(f)provide for the recovery of any expenses in relation to the removal or care of the dog which are incurred in carrying out the directions.

(4)A person who fails to comply with a requirement imposed under subsection (3)(d) commits an offence.

(5)A person guilty an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6)Any sum directed to be paid under subsection (3)(f) is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.

Commencement Information

I127S. 70 not in force at Royal Assent, see s. 208(1)

I128S. 70 in force at 1.8.2022 by S.I. 2022/520, reg. 7

Administering a substance with intent to cause harmE+W

71Administering a substance with intent to cause harmE+W

(1)The Secretary of State must, before the end of the relevant period—

(a)prepare and publish a report—

(i)about the nature and prevalence of the conduct described in subsection (2), and

(ii)setting out any steps Her Majesty’s Government has taken or intends to take in relation to the matters referred to in sub-paragraph (i), and

(b)lay the report before Parliament.

(2)The conduct referred to in subsection (1)(a)(i) is a person intentionally administering a substance to, or causing a substance to be taken by, another person—

(a)without the consent of that other person, and

(b)with the intention of causing harm (whether or not amounting to an offence) to that other person.

(3)In subsection (1), the “relevant period” means the period of 12 months beginning with the day on which this Act is passed.

Commencement Information

I129S. 71 in force at Royal Assent, see s. 208(4)(l)

Offences motivated by hostility based on sex or genderE+W

72Response to Law Commission report on hate crime lawsE+W

(1)The Secretary of State must, before the end of the period of 12 months beginning with the day on which this Act is passed—

(a)prepare and publish a response to Recommendation 8 of the Law Commission report on hate crime (adding sex or gender as a protected characteristic for the purposes of aggravated offences and enhanced sentencing), and

(b)lay the response before Parliament.

(2)In this section “the Law Commission report on hate crime” means the Law Commission report “Hate Crime Laws” that was published on 7 December 2021.

Commencement Information

I130S. 72 in force at Royal Assent, see s. 208(4)(m)

PART 3E+W+SPublic order

Public processions and public assembliesE+W+S

73Imposing conditions on public processionsE+W+S

(1)Section 12 of the Public Order Act 1986 (imposing conditions on public processions) is amended as follows.

(2)In subsection (1)—

(a)for the “or” at the end of paragraph (a) substitute—

(aa)in the case of a procession in England and Wales, the noise generated by persons taking part in the procession may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the procession,

(ab)in the case of a procession in England and Wales—

(i)the noise generated by persons taking part in the procession may have a relevant impact on persons in the vicinity of the procession, and

(ii)that impact may be significant, or, and

(b)in the words following paragraph (b), after “disruption” insert “, impact”.

(3)After subsection (2) insert—

(2A)For the purposes of subsection (1)(a), the cases in which a public procession in England and Wales may result in serious disruption to the life of the community include, in particular, where—

(a)it may result in a significant delay to the delivery of a time-sensitive product to consumers of that product, or

(b)it may result in a prolonged disruption of access to any essential goods or any essential service, including, in particular, access to—

(i)the supply of money, food, water, energy or fuel,

(ii)a system of communication,

(iii)a place of worship,

(iv)a transport facility,

(v)an educational institution, or

(vi)a service relating to health.

(2B)In subsection (2A)(a)time-sensitive product” means a product whose value or use to its consumers may be significantly reduced by a delay in the supply of the product to them.

(2C)For the purposes of subsection (1)(aa), the cases in which the noise generated by persons taking part in a public procession may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the procession include, in particular, where it may result in persons connected with the organisation not being reasonably able, for a prolonged period of time, to carry on in that vicinity the activities or any one of them.

(2D)For the purposes of subsection (1)(ab)(i), the noise generated by persons taking part in a public procession may have a relevant impact on persons in the vicinity of the procession if—

(a)it may result in the intimidation or harassment of persons of reasonable firmness with the characteristics of persons likely to be in the vicinity, or

(b)it may cause such persons to suffer alarm or distress.

(2E)In considering for the purposes of subsection (1)(ab)(ii) whether the noise generated by persons taking part in a public procession may have a significant impact on persons in the vicinity of the procession, the senior police officer must have regard to—

(a)the likely number of persons of the kind mentioned in paragraph (a) of subsection (2D) who may experience an impact of the kind mentioned in paragraph (a) or (b) of that subsection,

(b)the likely duration of that impact on such persons, and

(c)the likely intensity of that impact on such persons.

(4)After subsection (11) insert—

(12)The Secretary of State may by regulations amend any of subsections (2A) to (2C) for the purposes of making provision about the meaning for the purposes of this section of—

(a)serious disruption to the activities of an organisation which are carried on in the vicinity of a public procession, or

(b)serious disruption to the life of the community.

(13)Regulations under subsection (12) may, in particular, amend any of those subsections for the purposes of—

(a)defining any aspect of an expression mentioned in subsection (12)(a) or (b) for the purposes of this section;

(b)giving examples of cases in which a public procession is or is not to be treated as resulting in—

(i)serious disruption to the activities of an organisation which are carried on in the vicinity of the procession, or

(ii)serious disruption to the life of the community.

(14)Regulations under subsection (12)—

(a)are to be made by statutory instrument;

(b)may apply only in relation to public processions in England and Wales;

(c)may make incidental, supplementary, consequential, transitional, transitory or saving provision, including provision which makes consequential amendments to this Part.

(15)A statutory instrument containing regulations under subsection (12) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(5)The Secretary of State must, before the end of the period of 2 years beginning with the day on which this section comes into force—

(a)prepare and publish a report on the operation of the amendments to section 12 of the Public Order Act 1986 made by this section, and

(b)lay the report before Parliament.

Commencement Information

I131S. 73 not in force at Royal Assent, see s. 208(1)

I132S. 73(1)-(4) in force at 28.6.2022 by S.I. 2022/520, reg. 5(i) (as amended by S.I. 2022/680, reg. 2(a))

I133S. 73(5) in force at 28.6.2022 by S.I. 2022/520, reg. 5(j) (as amended by S.I. 2022/680, reg. 2(b))

74Imposing conditions on public assembliesE+W+S

(1)Section 14 of the Public Order Act 1986 (imposing conditions on public assemblies) is amended as follows.

(2)In subsection (1)—

(a)for “If” substitute “Subsection (1A) applies if”,

(b)for the “or” at the end of paragraph (a) substitute—

(aa)in the case of an assembly in England and Wales, the noise generated by persons taking part in the assembly may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the assembly,

(ab)in the case of an assembly in England and Wales—

(i)the noise generated by persons taking part in the assembly may have a relevant impact on persons in the vicinity of the assembly, and

(ii)that impact may be significant, or, and

(c)omit the words after paragraph (b).

(3)After subsection (1) insert—

(1A)The senior police officer may give directions imposing on the persons organising or taking part in the assembly—

(a)in the case of an assembly in England and Wales, such conditions as appear to the officer necessary to prevent the disorder, damage, disruption, impact or intimidation mentioned in subsection (1);

(b)in the case of an assembly in Scotland, such conditions as to the place at which the assembly may be (or continue to be) held, its maximum duration, or the maximum number of persons who may constitute it, as appear to the officer necessary to prevent the disorder, damage, disruption or intimidation mentioned in subsection (1)(a) or (b).

(4)In subsection (2), for “subsection (1)” substitute “this section”.

(5)After subsection (2) insert—

(2A)For the purposes of subsection (1)(a), the cases in which a public assembly in England and Wales may result in serious disruption to the life of the community include, in particular, where—

(a)it may result in a significant delay to the supply of a time-sensitive product to consumers of that product, or

(b)it may result in a prolonged disruption of access to any essential goods or any essential service, including, in particular, access to—

(i)the supply of money, food, water, energy or fuel,

(ii)a system of communication,

(iii)a place of worship,

(iv)a transport facility,

(v)an educational institution, or

(vi)a service relating to health.

(2B)In subsection (2A)(a)time-sensitive product” means a product whose value or use to its consumers may be significantly reduced by a delay in the supply of the product to them.

(2C)For the purposes of subsection (1)(aa), the cases in which the noise generated by persons taking part in a public assembly may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the assembly include, in particular, where it may result in persons connected with the organisation not being reasonably able, for a prolonged period of time, to carry on in that vicinity the activities or any one of them.

(2D)For the purposes of subsection (1)(ab)(i), the noise generated by persons taking part in an assembly may have a relevant impact on persons in the vicinity of the assembly if—

(a)it may result in the intimidation or harassment of persons of reasonable firmness with the characteristics of persons likely to be in the vicinity, or

(b)it may cause such persons to suffer alarm or distress.

(2E)In considering for the purposes of subsection (1)(ab)(ii) whether the noise generated by persons taking part in an assembly may have a significant impact on persons in the vicinity of the assembly, the senior police officer must have regard to—

(a)the likely number of persons of the kind mentioned in paragraph (a) of subsection (2D) who may experience an impact of the kind mentioned in paragraph (a) or (b) of that subsection,

(b)the likely duration of that impact on such persons, and

(c)the likely intensity of that impact on such persons.

(6)After subsection (10A) (as inserted by section 75(11)) insert—

(11)The Secretary of State may by regulations amend any of subsections (2A) to (2C) for the purposes of making provision about the meaning for the purposes of this section of—

(a)serious disruption to the activities of an organisation which are carried on in the vicinity of a public assembly, or

(b)serious disruption to the life of the community.

(12)Regulations under subsection (11) may, in particular, amend any of those subsections for the purposes of—

(a)defining any aspect of an expression mentioned in subsection (11)(a) or (b) for the purposes of this section;

(b)giving examples of cases in which a public assembly is or is not to be treated as resulting in—

(i)serious disruption to the activities of an organisation which are carried on in the vicinity of the assembly, or

(ii)serious disruption to the life of the community.

(13)Regulations under subsection (11)—

(a)are to be made by statutory instrument;

(b)may apply only in relation to public assemblies in England and Wales;

(c)may make incidental, supplementary, consequential, transitional, transitory or saving provision, including provision which makes consequential amendments to this Part.

(14)A statutory instrument containing regulations under subsection (11) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(7)The Secretary of State must, before the end of the period of 2 years beginning with the day on which this section comes into force—

(a)prepare and publish a report on the operation of the amendments to section 14 of the Public Order Act 1986 made by this section, and

(b)lay the report before Parliament.

Commencement Information

I134S. 74 not in force at Royal Assent, see s. 208(1)

I135S. 74(1)-(6) in force at 28.6.2022 by S.I. 2022/520, reg. 5(i)

I136S. 74(7) in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

75Offences under sections 12 and 14 of the Public Order Act 1986E+W+S

(1)The Public Order Act 1986 is amended as follows.

(2)Section 12 (imposing conditions on public processions) is amended in accordance with subsections (3) to (6).

(3)In subsection (4)—

(a)for “A person” substitute “Subject to subsection (5A), a person”, and

(b)omit “knowingly”.

(4)In subsection (5)—

(a)for “A person” substitute “Subject to subsection (5A), a person”, and

(b)omit “knowingly”.

(5)After subsection (5) insert—

(5A)A person is guilty of an offence under subsection (4) or (5) only if—

(a)in the case of a public procession in England and Wales, at the time the person fails to comply with the condition the person knows or ought to know that the condition has been imposed;

(b)in the case of a public procession in Scotland, the person knowingly fails to comply with the condition.

(6)For subsections (8) to (10) substitute—

(8)A person guilty of an offence under subsection (4) is liable on summary conviction—

(a)in the case of a public procession in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both;

(b)in the case of a public procession in Scotland, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.

(9)A person guilty of an offence under subsection (5) is liable on summary conviction—

(a)in the case of a public procession in England and Wales, to a fine not exceeding level 4 on the standard scale;

(b)in the case of a public procession in Scotland, to a fine not exceeding level 3 on the standard scale.

(10)A person guilty of an offence under subsection (6) is liable on summary conviction—

(a)in the case of a public procession in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both;

(b)in the case of a public procession in Scotland, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.

(10A)In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the references in subsections (8)(a) and to (10)(a) to 51 weeks are to be read as references to 6 months.

(7)Section 14 (imposing conditions on public assemblies) is amended in accordance with subsections (8) to (11).

(8)In subsection (4)—

(a)for “A person” substitute “Subject to subsection (5A), a person”, and

(b)omit “knowingly”.

(9)In subsection (5)—

(a)for “A person” substitute “Subject to subsection (5A), a person”, and

(b)omit “knowingly”.

(10)After subsection (5) insert—

(5A)A person is guilty of an offence under subsection (4) or (5) only if—

(a)in the case of a public assembly in England and Wales, at the time the person fails to comply with the condition the person knows or ought to know that the condition has been imposed;

(b)in the case of a public assembly in Scotland, the person knowingly fails to comply with the condition.

(11)For subsections (8) to (10) substitute—

(8)A person guilty of an offence under subsection (4) is liable on summary conviction—

(a)in the case of a public assembly in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both;

(b)in the case of a public assembly in Scotland, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.

(9)A person guilty of an offence under subsection (5) is liable on summary conviction—

(a)in the case of a public assembly in England and Wales, to a fine not exceeding level 4 on the standard scale;

(b)in the case of a public assembly in Scotland, to a fine not exceeding level 3 on the standard scale.

(10)A person guilty of an offence under subsection (6) is liable on summary conviction—

(a)in the case of a public assembly in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both;

(b)in the case of a public assembly in Scotland, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.

(10A)In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the references in subsections (8)(a) and to (10)(a) to 51 weeks are to be read as references to 6 months.

(12)Subsections (6) and (11) apply only in relation to offences committed on or after the day on which this section comes into force.

Commencement Information

I137S. 75 not in force at Royal Assent, see s. 208(1)

I138S. 75 in force at 28.6.2022 by S.I. 2022/520, reg. 5(i)

Palace of Westminster, Parliament Square etcE+W

76Obstruction of vehicular access to ParliamentE+W

(1)Part 3 of the Police Reform and Social Responsibility Act 2011 (Parliament Square etc) is amended as follows.

(2)In section 142A (other controlled areas in vicinity of the Palace of Westminster)—

(a)in subsection (1)—

(i)in paragraph (a), after sub-paragraph (i) insert—

(ia)Canon Row,

(ib)Parliament Street,

(ic)Derby Gate,

(id)Parliament Square,, and

(ii)after paragraph (a) insert—

(aa)so much of the highway in the postal district SW1 known as Victoria Embankment as lies between the highway in that district known as Bridge Street and the highway in that district known as Richmond Terrace,, and

(b)after subsection (1) insert—

(1A)A reference to a highway in subsection (1)(a) or (aa) includes any land immediately adjoining that highway and to which the public have or are permitted access.

(3)In section 143 (prohibited activities in controlled area of Parliament Square or in Palace of Westminster controlled area)—

(a)in subsection (2), after paragraph (e) insert—

(f)obstructing, by the use of any item or otherwise, the passage of a vehicle of any description into or out of an entrance into or exit from the Parliamentary Estate, where that entrance or exit is within, or adjoins, the Palace of Westminster controlled area.,

(b)in subsection (3)(b) for “relevant authority” substitute “relevant person”,

(c)after subsection (4) insert—

(4A)In subsection (2)(f) the reference to obstructing the passage of a vehicle includes making the passage of a vehicle more difficult.,

(d)in subsection (5)—

(i)in the words before paragraph (a), for ““relevant authority”” substitute ““relevant person””,

(ii)omit “or” at the end of paragraph (b), and

(iii)after paragraph (c) insert—

(d)a relevant member of the House of Lords staff, or

(e)a relevant member of the House of Commons staff, and

(e)after subsection (5) insert—

(5A)In subsection (5)—

  • relevant member of the House of Lords staff” has the meaning given by section 194(6) of the Employment Rights Act 1996;

  • relevant member of the House of Commons staff” has the meaning given by section 195(5) of that Act.

(4)Subsection (2) does not affect—

(a)any direction given under section 143(1) of the Police Reform and Social Responsibility Act 2011 before the day on which this section came into force,

(b)any order made under section 146(1)(b) of that Act before that day, or

(c)any authorisation given under section 147 of that Act before that day.

(5)Any such direction, order or authorisation applies in relation to the Palace of Westminster controlled area as defined by section 142A(1) of that Act as it had effect immediately before that day.

Commencement Information

I139S. 76 not in force at Royal Assent, see s. 208(1)

I140S. 76 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

77Power to specify other areas as controlled areasE+W

After section 149 of the Police Reform and Social Responsibility Act 2011 insert—

149APower to specify other areas as controlled areas

(1)The Secretary of State may by regulations provide for any provision of sections 143 to 148 and 149(3) to apply, with or without modifications, in relation to an area specified in the regulations.

(2)An area may be specified in regulations under subsection (1) by description, by reference to a map or plan or in any other way.

(3)Regulations under subsection (1) may be made only if—

(a)either House of Parliament is, or is proposed to be, located somewhere other than the Palace of Westminster as a result of the Parliamentary building works or for any other reason, and

(b)as a result of that relocation, or proposed relocation, the Secretary of State considers that it is reasonably necessary for activities which are prohibited in relation to the controlled area of Parliament Square or the Palace of Westminster controlled area to be prohibited in relation to the area specified in the regulations.

(4)In subsection (3)(a) “the Parliamentary building works” has the meaning given by section 1(1) of the Parliamentary Buildings (Restoration and Renewal) Act 2019.

(5)The Secretary of State may by regulations make provision for any other enactment, or any instrument made under an enactment, to have effect with modifications in consequence of regulations under subsection (1).

Commencement Information

I141S. 77 not in force at Royal Assent, see s. 208(1)

I142S. 77 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

Public nuisanceE+W

78Intentionally or recklessly causing public nuisanceE+W

(1)A person commits an offence if—

(a)the person—

(i)does an act, or

(ii)omits to do an act that they are required to do by any enactment or rule of law,

(b)the person’s act or omission—

(i)creates a risk of, or causes, serious harm to the public or a section of the public, or

(ii)obstructs the public or a section of the public in the exercise or enjoyment of a right that may be exercised or enjoyed by the public at large, and

(c)the person intends that their act or omission will have a consequence mentioned in paragraph (b) or is reckless as to whether it will have such a consequence.

(2)In subsection (1)(b)(i)serious harm” means—

(a)death, personal injury or disease,

(b)loss of, or damage to, property, or

(c)serious distress, serious annoyance, serious inconvenience or serious loss of amenity.

(3)It is a defence for a person charged with an offence under subsection (1) to prove that they had a reasonable excuse for the act or omission mentioned in paragraph (a) of that subsection.

(4)A person guilty of an offence under subsection (1) is liable—

(a)on summary conviction, to imprisonment for a term not exceeding [F6the general limit in a magistrates’ court], to a fine or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years, to a fine or to both.

(5)In relation to an offence committed before the coming into force of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 (increase in magistrates’ court power to impose imprisonment) the reference in subsection (4)(a) to [F7the general limit in a magistrates’ court] is to be read as a reference to 6 months.

(6)The common law offence of public nuisance is abolished.

(7)Subsections (1) to (6) do not apply in relation to—

(a)any act or omission which occurred before the coming into force of those subsections, or

(b)any act or omission which began before the coming into force of those subsections and continues after their coming into force.

(8)This section does not affect—

(a)the liability of any person for an offence other than the common law offence of public nuisance,

(b)the civil liability of any person for the tort of public nuisance, or

(c)the ability to take any action under any enactment against a person for any act or omission within subsection (1).

(9)In this section “enactment” includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978.

Textual Amendments

Commencement Information

I143S. 78 not in force at Royal Assent, see s. 208(1)

I144S. 78 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

One-person protestsE+W

79Imposing conditions on one-person protestsE+W

(1)After section 14 of the Public Order Act 1986 insert—

14ZAImposing conditions on one-person protests

(1)Subsection (2) applies if the senior police officer, having regard to the time or place at which and the circumstances in which any one-person protest in England and Wales is being carried on or is intended to be carried on, reasonably believes—

(a)that the noise generated by the person carrying on the protest may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the protest, or

(b)that—

(i)the noise generated by the person carrying on the protest may have a relevant impact on persons in the vicinity of the protest, and

(ii)that impact may be significant.

(2)The senior police officer may give directions imposing on the person organising or carrying on the protest such conditions as appear to the officer necessary to prevent such disruption or impact.

(3)Where the one-person protest is moving, or is intended to move, from place to place—

(a)the senior police officer must also have regard under subsection (1) to its route or proposed route, and

(b)the conditions which may be imposed under subsection (2) include conditions as to the route of the protest or prohibiting the person carrying on the protest from entering any public place specified in the direction while the person is carrying it on.

(4)In this section “one-person protest” means a protest which, at any one time, is carried on by one person in a public place.

(5)In this section “the senior police officer” means—

(a)in relation to a one-person protest being held or to a one-person protest intended to be held in a case where a person is in a place with a view to carrying on such a protest, the most senior in rank of the police officers present at the scene, and

(b)in relation to a one-person protest intended to be held in a case where paragraph (a) does not apply, the chief officer of police.

(6)For the purposes of subsection (1)(a), the cases in which the noise generated by a person taking part in a one-person protest may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the protest include, in particular, where it may result in persons connected with the organisation not being reasonably able, for a prolonged period of time, to carry on in that vicinity the activities or any one of them.

(7)For the purposes of subsection (1)(b)(i), the noise generated by a person carrying on a one-person protest may have a relevant impact on persons in the vicinity of the protest if—

(a)it may result in the intimidation or harassment of persons of reasonable firmness with the characteristics of persons likely to be in the vicinity, or

(b)it may cause such persons to suffer alarm or distress.

(8)In considering for the purposes of subsection (1)(b)(ii) whether the noise generated by a person carrying on a one-person protest may have a significant impact on persons in the vicinity of the protest, the senior police officer must have regard to—

(a)the likely number of persons of the kind mentioned in paragraph (a) of subsection (7) who may experience an impact of the kind mentioned in paragraph (a) or (b) of that subsection,

(b)the likely duration of that impact on such persons, and

(c)the likely intensity of that impact on such persons.

(9)A direction given by a chief officer of police by virtue of subsection (5)(b) must be given in writing.

(10)A person (“P”) is guilty of an offence if—

(a)P organises or carries on a one-person protest,

(b)P fails to comply with a condition imposed under this section, and

(c)at the time P fails to comply with the condition, P knows or ought to know that the condition has been imposed.

(11)It is a defence for a person charged with an offence under subsection (10) to prove that the failure arose from circumstances beyond the person’s control.

(12)A person who incites another to commit an offence under subsection (10) is guilty of an offence.

(13)A person guilty of an offence under subsection (10) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(14)A person guilty of an offence under subsection (12) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both.

(15)In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (14) to 51 weeks is to be read as a reference to 6 months.

(16)The Secretary of State may by regulations amend subsection (6) for the purposes of making provision about the meaning for the purposes of this section of serious disruption to the activities of an organisation which are carried on in the vicinity of a one-person protest.

(17)Regulations under subsection (16) may, in particular, amend that subsection for the purposes of—

(a)defining any aspect of that expression for the purposes of this section;

(b)giving examples of cases in which a one-person protest is or is not to be treated as resulting in serious disruption to the activities of an organisation which are carried on in the vicinity of the protest.

(18)Regulations under subsection (16)

(a)are to be made by statutory instrument;

(b)may make incidental, supplementary, consequential, transitional, transitory or saving provision, including provision which makes consequential amendments to this Part.

(19)A statutory instrument containing regulations under subsection (16) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(2)The Secretary of State must, before the end of the period of 2 years beginning with the day on which this section comes into force—

(a)prepare and publish a report on the operation of section 14ZA of the Public Order Act 1986, and

(b)lay the report before Parliament.

Commencement Information

I145S. 79 not in force at Royal Assent, see s. 208(1)

I146S. 79 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

Wilful obstruction of highwayE+W

80Wilful obstruction of highwayE+W

(1)Section 137 of the Highways Act 1980 (penalty for wilful obstruction) is amended as follows.

(2)In subsection (1)—

(a)after “liable to” insert “imprisonment for a term not exceeding 51 weeks or”;

(b)for “not exceeding level 3 on the standard scale” substitute “or both”.

(3)After subsection (1) insert—

(1A)In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (1) to 51 weeks is to be read as a reference to 6 months.

(1B)For the purposes of this section it does not matter whether free passage along the highway in question has already been temporarily restricted or temporarily prohibited (whether by a constable, a traffic authority or otherwise).

(1C)In subsection (1B), “traffic authority” has the same meaning as in the Road Traffic Regulation Act 1984 (see section 121A of that Act).

Commencement Information

I147S. 80 not in force at Royal Assent, see s. 208(1)

I148S. 80 in force at 12.5.2022 by S.I. 2022/520, reg. 4(b) (with reg. 8)

Prospective

Repeal of the Vagrancy Act 1824 etcE+W

81Repeal of the Vagrancy Act 1824 etcE+W

(1)The Vagrancy Act 1824 is repealed.

(2)Subsections (3) to (7) contain amendments and repeals in consequence of subsection (1).

(3)The following are repealed—

(a)the Vagrancy Act 1935;

(b)section 2(3)(c) of the House to House Collections Act 1939 (licences);

(c)section 20 of the Criminal Justice Act 1967 (power of magistrates’ court to commit on bail for sentence);

(d)in the Criminal Justice Act 1982—

(i)section 70 and the italic heading immediately before that section (vagrancy offences), and

(ii)paragraph 1 of Schedule 14 and the italic heading immediately before that paragraph (minor and consequential amendments);

(e)section 43(5) of the Mental Health Act 1983 (power of magistrates’ courts to commit for restriction order);

(f)section 26(5) of the Criminal Justice Act 1991 (alteration of certain penalties);

(g)in the Criminal Justice Act 2003—

(i)paragraphs 1 and 2 of Schedule 25 and the italic heading immediately before those paragraphs (summary offences no longer punishable with imprisonment), and

(ii)paragraphs 145 and 146 of Schedule 32 and the italic heading immediately before those paragraphs (amendments relating to sentencing);

(h)paragraph 18 of Schedule 8 to the Serious Organised Crime and Police Act 2005 (powers of accredited persons).

(4)In section 81 of the Public Health Acts Amendment Act 1907 (extending definition of public place and street for certain purposes), omit the words from “shall”, in the first place it occurs, to “public place, and”.

(5)In section 48(2) of the Forestry Act 1967 (powers of entry and enforcement), omit “or against the Vagrancy Act 1824”.

(6)In the Police Reform Act 2002—

(a)in Schedule 3C (powers of community support officers and community support volunteers)—

(i)omit paragraph 3(3)(b),

(ii)omit paragraph 7(3),

(iii)in paragraph 7(4), omit “or (3)”, and

(iv)in paragraph 7(7)(a), omit “or (3)”, and

(b)in Schedule 5 (powers exercisable by accredited persons), omit paragraph 2(3)(aa).

(7)In the Sentencing Code—

(a)in section 20(1) (committal in certain cases where offender committed in respect of another offence)—

(i)at the end of paragraph (e), insert “or”, and

(ii)omit paragraph (g) (and the “or” immediately before it), and

(b)omit section 24(1)(f) (further powers to commit offender to the Crown Court to be dealt with).

(8)The amendments and repeals made by this section do not apply in relation to an offence committed before this section comes into force.

Commencement Information

I149S. 81 not in force at Royal Assent, see s. 208(1)

Expedited public spaces protection ordersE+W

82Expedited public spaces protection ordersE+W

(1)The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.

(2)After section 59 insert—

59APower to make expedited public spaces protection orders

(1)A local authority may make an expedited public spaces protection order (an “expedited order”) in relation to a public place within the local authority’s area if satisfied on reasonable grounds that three conditions are met.

(2)The first condition is that the public place is in the vicinity of—

(a)a school in the local authority’s area, or

(b)a site in the local authority’s area where, or from which—

(i)vaccines are provided to members of the public by, or pursuant to arrangements with, an NHS body, or

(ii)test and trace services are provided.

The reference in paragraph (b)(i) to arrangements includes arrangements made by the NHS body in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006.

(3)The second condition is that activities carried on, or likely to be carried on, in the public place by one or more individuals in the course of a protest or demonstration have had, or are likely to have, the effect of—

(a)harassing or intimidating members of staff or volunteers at the school or site,

(b)harassing or intimidating persons using the services of the school or site,

(c)impeding the provision of services by staff or volunteers at the school or site, or

(d)impeding access by persons seeking to use the services of the school or site.

(4)The third condition is that the effect or likely effect mentioned in subsection (3)

(a)is, or is likely to be, of a persistent or continuing nature,

(b)is, or is likely to be, such as to make the activities unreasonable, and

(c)justifies the restrictions imposed by the order.

(5)An expedited order is an order that identifies the public place referred to in subsection (1) (“the restricted area”) and—

(a)prohibits specified things being done in the restricted area,

(b)requires specified things to be done by persons carrying on specified activities in that area, or

(c)does both of those things.

(6)The only prohibitions or requirements that may be imposed are ones that are reasonable to impose in order—

(a)to prevent the harassment, intimidation or impediment referred to in subsection (3) from continuing, occurring or recurring, or

(b)to reduce that harassment, intimidation or impediment or to reduce the risk of its continuance, occurrence or recurrence.

(7)A prohibition or requirement may be framed—

(a)so as to apply to all persons, or only to persons in specified categories, or to all persons except those in specified categories;

(b)so as to apply at all times, or only at specified times, or at all times except those specified;

(c)so as to apply in all circumstances, or only in specified circumstances, or in all circumstances except those specified.

(8)An expedited order must—

(a)identify the activities referred to in subsection (3);

(b)explain the effect of section 63 (where it applies) and section 67;

(c)specify the period for which the order has effect.

(9)An expedited order may not be made in relation to a public place if that place (or any part of it) is or has been the subject of an expedited order (“the earlier order”), unless the period specified in subsection (11) has expired.

(10)In subsection (9) the second reference to “an expedited order” is to be read as including a reference to a public spaces protection order (made after the day on which this section comes into force) which neither prohibited nor required anything that could not have been prohibited or required by an expedited order.

(11)The period specified in this subsection is the period of a year beginning with the day on which the earlier order ceased to have effect.

(12)An expedited order must be published in accordance with regulations made by the Secretary of State.

(13)For the purposes of subsection (2), a public place that is coextensive with, includes, or is wholly or partly within, a school or site is regarded as being “in the vicinity of” that school or site.

(14)In this section references to a “school” are to be read as including a 16 to 19 Academy.

(15)In this section “test and trace services” means—

(a)in relation to England, services of the programme known as NHS Test and Trace;

(b)in relation to Wales, services of the programme known as Test, Trace, Protect.

(3)After section 60 insert—

60ADuration of expedited orders

(1)An expedited order may not have effect for a period of more than 6 months.

(2)Subject to subsection (1), the local authority that made an expedited order may, before the time when the order is due to expire, extend the period for which the order has effect if satisfied on reasonable grounds that doing so is necessary to prevent—

(a)occurrence or recurrence after that time of the activities identified in the order, or

(b)an increase in the frequency or seriousness of those activities after that time.

(3)Where a local authority has made an expedited order, the authority may, at any time before the order is due to expire, reduce the period for which the order is to have effect if satisfied on reasonable grounds that the reduced period will be sufficient having regard to the degree of risk of an occurrence, recurrence or increase such as is mentioned in subsection (2)(a) or (b).

(4)An extension or reduction under this section of the period for which an order has effect must be published in accordance with regulations made by the Secretary of State.

(5)An expedited order may be extended or reduced under this section more than once.

(4)After section 72 insert—

72AExpedited orders: Convention rights and consents

(1)A local authority, in deciding—

(a)whether to make an expedited order (under section 59A) and if so what it should include,

(b)whether to extend or reduce the period for which an expedited order has effect (under section 60A) and if so by how much,

(c)whether to vary an expedited order (under section 61) and if so how, or

(d)whether to discharge an expedited order (under section 61),

must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the Convention.

(2)In subsection (1) “Convention” has the meaning given by section 21(1) of the Human Rights Act 1998.

(3)A local authority must obtain the necessary consents before—

(a)making an expedited order,

(b)extending or reducing the period for which an expedited order has effect, or

(c)varying or discharging an expedited order.

(4)If the order referred to in subsection (3) was made, or is proposed to be made, in reliance on section 59A(2)(a), “the necessary consents” means the consent of—

(a)the chief officer of police for the police area that includes the restricted area, and

(b)a person authorised (whether in specific or general terms) by the appropriate authority for the school or 16 to 19 Academy.

(5)If the order referred to in subsection (3) was made, or is proposed to be made, in reliance on section 59A(2)(b), “the necessary consents” means the consent of—

(a)the chief officer of police for the police area that includes the restricted area, and

(b)a person authorised by the appropriate NHS authority.

(6)In this section—

  • appropriate authority” means—

    (a)

    in relation to a school maintained by a local authority, the governing body;

    (b)

    in relation to any other school or a 16 to 19 Academy, the proprietor;

  • appropriate NHS authority” means—

    (a)

    if the order was made, or is proposed to be made, in reliance on sub-paragraph (i) of section 59A(2)(b), the NHS body mentioned in that sub-paragraph;

    (b)

    if the order was made, or is proposed to be made, in reliance on sub-paragraph (ii) of section 59A(2)(b) and the site is in England, the UK Health Security Agency;

    (c)

    if the order was made, or is proposed to be made, in reliance on that sub-paragraph and the site is in Wales, the Local Health Board for the area in which the site is located.

(7)In this section “proprietor”, in relation to a school or a 16 to 19 Academy, has the meaning given in section 579(1) of the Education Act 1996.

72BConsultation and notifications after making expedited order

(1)A local authority must carry out the necessary consultation as soon as reasonably practicable after making an expedited order.

(2)In subsection (1) “necessary consultation” means consulting with the following about the terms and effects of the order—

(a)the chief officer of police, and the local policing body, for the police area that includes the restricted area;

(b)whatever community representatives the local authority thinks it appropriate to consult;

(c)the owner or occupier of land within the restricted area.

(3)A local authority must carry out the necessary notification (if any) as soon as reasonably practicable after—

(a)making an expedited order,

(b)extending or reducing the period for which an expedited order has effect, or

(c)varying or discharging an expedited order.

(4)In subsection (3)necessary notification” means notifying the following of the extension, reduction, variation or discharge—

(a)the parish council or community council (if any) for the area that includes the restricted area;

(b)in the case of an expedited order made by a district council in England, the county council (if any) for the area that includes the restricted area;

(c)the owner or occupier of land within the restricted area.

(5)The requirement to notify the owner or occupier of land within the restricted area—

(a)does not apply to land that is owned or occupied by the local authority;

(b)applies only if, and to the extent that, it is reasonably practicable to notify the owner or occupier of the land.

(5)Schedule 7 contains amendments relating to subsections (1) to (4).

Commencement Information

I150S. 82 in force at Royal Assent for specified purposes, see s. 208(4)(n)

I151S. 82 in force at 28.6.2022 in so far as not already in force by S.I. 2022/520, reg. 5(j)

PART 4U.K.Unauthorised encampments

83Offence relating to residing on land without consent in or with a vehicleE+W

(1)At the beginning of Part 5 of the Criminal Justice and Public Order Act 1994, before the italic heading before section 61, insert—

Residing on land without consent in or with a vehicleE+W

60COffence relating to residing on land without consent in or with a vehicle

(1)Subsection (2) applies where—

(a)a person aged 18 or over (“P”) is residing, or intending to reside, on land without the consent of the occupier of the land,

(b)P has, or intends to have, at least one vehicle with them on the land,

(c)one or more of the conditions mentioned in subsection (4) is satisfied, and

(d)the occupier, a representative of the occupier or a constable requests P to do either or both of the following—

(i)leave the land;

(ii)remove from the land property that is in P’s possession or under P’s control.

(2)P commits an offence if—

(a)P fails to comply with the request as soon as reasonably practicable, or

(b)P—

(i)enters (or having left, re-enters) the land within the prohibited period with the intention of residing there without the consent of the occupier of the land, and

(ii)has, or intends to have, at least one vehicle with them on the land.

(3)The prohibited period is the period of 12 months beginning with the day on which the request was made.

(4)The conditions are—

(a)in a case where P is residing on the land, significant damage or significant disruption has been caused or is likely to be caused as a result of P’s residence;

(b)in a case where P is not yet residing on the land, it is likely that significant damage or significant disruption would be caused as a result of P’s residence if P were to reside on the land;

(c)that significant damage or significant disruption has been caused or is likely to be caused as a result of conduct carried on, or likely to be carried on, by P while P is on the land;

(d)that significant distress has been caused or is likely to be caused as a result of offensive conduct carried on, or likely to be carried on, by P while P is on the land.

(5)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both.

(6)In proceedings for an offence under this section it is a defence for the accused to show that the accused had a reasonable excuse for—

(a)failing to comply as soon as reasonably practicable with the request mentioned in subsection (1)(d), or

(b)after receiving such a request, entering (or re-entering) the land with the intention of residing there without the consent of the occupier of the land.

(7)In its application to common land, this section has effect—

(a)in a case where the common land is land to which the public has access and the occupier cannot be identified, as if references to the occupier were references to the local authority in relation to the common land;

(b)in a case where P’s residence or intended residence without the consent of the occupier is, or would be, an infringement of the commoners’ rights and—

(i)the occupier is aware of P’s residence or intended residence and had an opportunity to consent to it, or

(ii)if sub-paragraph (i) does not apply, any one or more of the commoners took reasonable steps to try to inform the occupier of P’s residence or intended residence and provide an opportunity to consent to it,

as if in subsection (1)(d) after “a constable” there were inserted “or the commoners or any of them or their representative”.

(8)In this section--

  • common land” and “commoner” have the same meaning as in section 61;

  • damage” includes—

    (a)

    damage to the land;

    (b)

    damage to any property on the land not belonging to P;

    (c)

    damage to the environment (including excessive noise, smells, litter or deposits of waste);

  • disruption” includes interference with—

    (a)

    a person’s ability to access any services or facilities located on the land or otherwise make lawful use of the land, or

    (b)

    a supply of water, energy or fuel;

  • land” does not include buildings other than—

    (a)

    agricultural buildings within the meaning of paragraphs 3 to 8 of Schedule 5 to the Local Government Finance Act 1988, or

    (b)

    scheduled monuments within the meaning of the Ancient Monuments and Archaeological Areas Act 1979;

  • the local authority”, in relation to common land, has the same meaning as in section 61;

  • occupier” means the person entitled to possession of the land by virtue of an estate or interest held by the person;

  • offensive conduct” means—

    (a)

    the use of threatening, abusive or insulting words or behaviour, or disorderly behaviour, or

    (b)

    the display of any writing, sign, or other visible representation that is threatening, abusive or insulting;

  • vehicle” includes—

    (a)

    any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle, and

    (b)

    a caravan as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960.

(9)For the purposes of this section a person is to be considered as residing or having the intention to reside in a place even if that residence or intended residence is temporary, and a person may be regarded as residing or having an intention to reside in a place notwithstanding that the person has a home elsewhere.

60DOffence under section 60C: seizure of property etc

(1)If a constable reasonably suspects that an offence has been committed under section 60C, the constable may seize and remove any relevant property that appears to the constable—

(a)to belong to the person who the constable suspects has committed the offence (“P”);

(b)to be in P’s possession; or

(c)to be under P’s control.

(2)Relevant property” means—

(a)a vehicle (wherever located) which, for the purposes of section 60C(1)(b) (in the case of an offence under section 60C(2)(a)) or for the purposes of section 60C(2)(b)(ii) (in the case of an offence under section 60C(2)(b)), the constable suspects P had or intended to have with them, or

(b)any other property that is on the relevant land.

(3)The “relevant land” is the land in respect of which a request under section 60C(1)(d) is made.

(4)The relevant chief officer of police may retain any property that has been seized under subsection (1) until the end of the period of three months beginning with the day of the seizure (“the relevant period”).

(5)But the relevant chief officer of police ceases to be entitled to retain the property if before the end of the relevant period a custody officer gives written notice to P that P is not to be prosecuted for the offence under section 60C in relation to which the property was seized.

(And see subsection (10)).

(6)Subsection (7) applies where before the end of the relevant period proceedings for an offence under section 60C are commenced against P.

(7)Where this subsection applies the relevant chief officer of police may retain the property seized until the conclusion of proceedings relating to the offence (including any appeal) (but see subsection (10)).

(8)Where a chief officer of police ceases to be entitled to retain property under this section the chief officer must, subject to any order for forfeiture under section 60E, return it to the person whom the chief officer believes to be its owner.

(9)If a chief officer of police cannot after reasonable inquiry identify a person for the purposes of subsection (8)

(a)the chief officer must apply to a magistrates’ court for directions, and

(b)the court must make an order about the treatment of the property.

(10)If at any time a person other than P satisfies a chief officer of police that property that is retained by the chief officer under this section—

(a)belongs to the person at that time, and

(b)belonged to them at the time of the suspected offence under section 60C,

the chief officer must return the property to the person.

(11)Subsection (10) does not apply in relation to a vehicle belonging to a person other than P if the chief officer of police reasonably believes that the vehicle was, with the consent of the other person, in P’s possession or under P’s control at the time of the suspected offence under section 60C.

(12)For the purposes of subsection (6), proceedings are commenced when—

(a)a written charge is issued under section 29(1) of the Criminal Justice Act 2003,

(b)a person is charged under Part 4 of the Police and Criminal Evidence Act 1984, or

(c)an information is laid under section 1 of the Magistrates’ Courts Act 1980.

(13)For the purposes of this section—

(a)the relevant chief officer of police is the chief officer of the police force for the area in which the property was seized, and

(b)vehicle” has the same meaning as in section 60C.

60EOffence under section 60C: forfeiture

(1)A court that convicts a person of an offence under section 60C may order any property to which subsection (2) applies to be forfeited and dealt with in a manner specified in the order.

(2)This subsection applies to any property that—

(a)was seized under section 60D(1), and

(b)is retained by a chief officer of police under that section.

(3)Before making an order for the forfeiture of property the court must—

(a)permit anyone who claims to be its owner or to have an interest in it to make representations, and

(b)consider its value and the likely consequences of forfeiture.

(2)In the heading to Part 5 of the Criminal Justice and Public Order Act 1994, after “Order:” insert “Unauthorised encampments and ”.

Commencement Information

I152S. 83 in force at 28.6.2022, see s. 208(5)(i)

84Amendments to existing powersU.K.

(1)The Criminal Justice and Public Order Act 1994 is amended as follows.

(2)Section 61 (power to remove trespassers on land) is amended in accordance with subsections (3) to (7).

(3)In subsection (1)—

(a)in paragraph (a), after “persons” insert

(i)in the case of persons trespassing on land in England and Wales, has caused damage, disruption or distress (see subsection (10));

(ii)in the case of persons trespassing on land in Scotland,, and

(b)at the beginning of paragraph (b) insert “in either case,”.

(4)In subsection (4)(b) for “period of three months beginning with the day on which the direction was given” substitute “prohibited period”.

(5)After subsection (4) insert—

(4ZA)The prohibited period is—

(a)in the case of a person trespassing on land in England and Wales, the period of twelve months beginning with the day on which the direction was given;

(b)in the case of a person trespassing on land in Scotland, the period of three months beginning with the day on which the direction was given.

(6)In subsection (9), in the definition of “land”, in paragraph (b)—

(a)in the words before sub-paragraph (i), after “land” insert “in Scotland”, and

(b)omit sub-paragraph (i) (together with the final “or”).

(7)After subsection (9) insert—

(10)For the purposes of subsection (1)(a)(i)—

  • damage” includes—

    (a)

    damage to the land;

    (b)

    damage to any property on the land not belonging to the persons trespassing;

    (c)

    damage to the environment (including excessive noise, smells, litter or deposits of waste);

  • disruption” includes an interference with—

    (a)

    a person’s ability to access any services or facilities located on the land or otherwise make lawful use of the land, or

    (b)

    a supply of water, energy or fuel;

  • distress” means distress caused by—

    (a)

    the use of threatening, abusive or insulting words or behaviour, or disorderly behaviour, or

    (b)

    the display of any writing, sign, or other visible representation that is threatening, abusive or insulting.

(8)In section 62 (powers to seize property related to offence under section 61)—

(a)in subsection (1)(b) for “period of three months beginning with the day on which the direction was given” substitute “prohibited period”, and

(b)after subsection (1) insert—

(1A)The prohibited period is—

(a)in the case of a person trespassing on land in England and Wales, the period of twelve months beginning with the day on which the direction was given;

(a)in the case of a person trespassing on land in Scotland, the period of three months beginning with the day on which the direction was given.

(9)In section 62B(2) (failure to comply with direction under section 62A: offences) for “3” substitute “twelve”.

(10)In section 62C(2) (failure to comply with direction under section 62A: seizure) for “3” substitute “twelve”.

(11)In section 68(5) (offence of aggravated trespass), for paragraph (a) substitute—

(a)a highway unless it is a footpath, bridleway or byway open to all traffic within the meaning of Part 3 of the Wildlife and Countryside Act 1981, is a restricted byway within the meaning of Part 2 of the Countryside and Rights of Way Act 2000 or is a cycle track under the Highways Act 1980 or the Cycle Tracks Act 1984;

(aa)a road within the meaning of the Roads (Scotland) Act 1984 unless it falls within the definitions in section 151(2)(a)(ii) or (b) (footpaths and cycle tracks) of that Act or is a bridleway within the meaning of section 47 of the Countryside (Scotland) Act 1967; or.

(12)The amendments made by subsections (4), (5), (8), (9) and (10) do not apply in relation to a direction given under section 61 or 62A of the Criminal Justice and Public Order Act 1994 before the coming into force of this section.

Commencement Information

I153S. 84 in force at 28.6.2022, see s. 208(5)(i)

85Guidance on exercise of police powers in respect of trespassers on land etcE+W

After section 62E of the Criminal Justice and Public Order Act 1994 insert—

62FGuidance

(1)The Secretary of State must issue guidance relating to the exercise of—

(a)the functions of police officers in England and Wales, and

(b)the functions of constables in England and Wales,

under the provisions mentioned in subsection (2).

(2)Those provisions are—

(a)sections 60C to 62E, and

(b)regulations under section 67 relating to vehicles seized under section 62(1) or section 62C(3).

(3)Police officers in England and Wales and constables in England and Wales must have regard to the guidance when exercising any of those functions conferred on them.

(4)The Secretary of State may from time to time revise the guidance.

(5)The Secretary of State must arrange for the guidance and any revised guidance issued under this section to be published in such manner as the Secretary of State considers appropriate.

(6)The Secretary of State must lay before Parliament a copy of any guidance or revised guidance published under subsection (5).

Commencement Information

I154S. 85 in force at 28.6.2022, see s. 208(5)(i)

PART 5U.K.Road traffic

Road traffic offencesU.K.

86Causing death by dangerous driving or careless driving when under the influence of drink or drugs: increased penaltiesE+W+S

(1)Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts) is amended as follows.

(2)In the entry relating to section 1 of the Road Traffic Act 1988 (causing death by dangerous driving), in column (4) (punishment), for “14 years” substitute “Imprisonment for life”.

(3)In the entry relating to section 3A of the Road Traffic Act 1988 (causing death by careless driving when under influence of drink or drugs), in column (4) (punishment), for “14 years” substitute “Imprisonment for life”.

(4)Section 34 of the Road Traffic Offenders Act 1988 (disqualification for certain offences) is amended as follows.

(5)In subsection (3), in the words after paragraph (d)—

(a)after “the offence” insert “(“the new offence”)”;

(b)for “three years” substitute “the period specified in subsection (3A)”.

(6)After subsection (3) insert—

(3A)The period is—

(a)six years, where—

(i)an offence of which the person was convicted within the ten years mentioned in subsection (3) falls within paragraph (aa) of that subsection, and

(ii)the new offence also falls within that paragraph;

(b)in any other case (but subject to subsection (4ZA)), three years.

(7)In subsection (4)—

(a)in the words before paragraph (a), after “(3) above” insert “and subsection (4ZA) below”;

(b)in paragraph (a)—

(i)omit sub-paragraph (ii) (and the “or” after it);

(ii)in sub-paragraph (iia), for “that Act” substitute “the Road Traffic Act 1988”;

(iii)omit sub-paragraph (iii) (and the “or” before it, but not the “and” after it).

(8)After subsection (4) insert—

(4ZA)Subsection (1) shall apply as if the reference to twelve months were a reference to five years in relation to a person convicted of—

(a)an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving), or

(b)an offence under section 3A of that Act (causing death by careless driving when under the influence of drink or drugs),

but this is subject to subsection (3) in cases within paragraph (a) of subsection (3A).

(9)A provision of this section does not apply in relation to offences committed before the provision comes into force.

Commencement Information

I155S. 86 in force at 28.6.2022, see s. 208(5)(i)

87Causing serious injury by careless, or inconsiderate, drivingE+W+S

(1)In the Road Traffic Act 1988, after section 2B (causing death by careless, or inconsiderate, driving) insert—

2CCausing serious injury by careless, or inconsiderate, driving

(1)A person who causes serious injury to another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.

(2)In this section “serious injury” means—

(a)in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and

(b)in Scotland, severe physical injury.

(2)In section 3ZA of that Act (meaning of careless, or inconsiderate, driving), in subsection (1), after “sections 2B” insert “, 2C”.

(3)In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 2B of the Road Traffic Act 1988 insert—

RTA section 2CCausing serious injury by careless, or inconsiderate, driving (a) Summarily(a) On conviction in England and Wales: 12 months or a fine or bothObligatoryObligatory3-11
On conviction in Scotland: 12 months or the statutory maximum or both
(b) On indictment(b) 2 years or a fine or both

(4)In the entries in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 relating to an offence under section 2C of the Road Traffic Act 1988 (causing serious injury by careless, or inconsiderate, driving), in relation to an offence committed before paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, the reference in column (4) (punishment) to 12 months on summary conviction in England and Wales is to be read as a reference to 6 months.

Commencement Information

I156S. 87 in force at 28.6.2022, see s. 208(5)(i)

88Road traffic offences: minor and consequential amendmentsU.K.

Schedule 8 contains amendments relating to sections 86 and 87.

Commencement Information

I157S. 88 in force at 28.6.2022, see s. 208(5)(i)

Courses offered as an alternative to prosecutionU.K.

89Courses offered as alternative to prosecution: fees etcU.K.

(1)After section 90F of the Road Traffic Offenders Act 1988 insert—

PART 3BU.K.Courses offered as alternative to prosecution
90GPower to charge fees: England and Wales

(1)A policing body may charge a fee for enrolment on an approved course offered as an alternative to prosecution in England and Wales for a specified fixed penalty offence.

(2)A fee may be set at a level that exceeds the cost of an approved course and related administrative expenses, but any excess must be used for the purpose of promoting road safety.

(3)The Secretary of State may by regulations make further provision about—

(a)how fees, or components of fees, are to be calculated;

(b)the level of fees or components of fees;

(c)the use of fee income.

(4)The regulations may include provision as to the amount, or maximum amount, of a fee or component of a fee.

(5)In this section—

  • approved course” means a course approved (whether before or after this section comes into force) by a body specified in regulations under subsection (6);

  • fixed penalty offence” means an offence that is a fixed penalty offence for the purposes of Part 3 (see section 51);

  • policing body” means—

    (a)

    a local policing body, or

    (b)

    the British Transport Police Authority;

  • promoting road safety” includes the prevention, detection or enforcement of offences relating to vehicles;

  • prosecution”, in relation to an offence, includes any alternative way of being dealt with for the offence (other than attending an approved course);

  • specified fixed penalty offence” means an offence specified under subsection (6).

(6)The Secretary of State may by regulations—

(a)specify fixed penalty offences for the purposes of this section;

(b)specify a body to approve courses for the purposes of this section.

(7)Nothing in this section limits any power to charge fees apart from this section.

90HPower to prevent courses being offered for repeat offences: England and Wales

(1)The Secretary of State may by regulations prohibit a chief officer from offering an approved course to a person as an alternative to prosecution in England and Wales for a specified fixed penalty offence where—

(a)there is a course fee, and

(b)the person has, within a period specified in the regulations, satisfactorily completed a similar approved course in respect of an earlier specified fixed penalty offence.

(2)The regulations must include provision for the purpose of identifying what counts as a “similar” course; and that provision may, in particular, confer power on a person to determine what courses count as similar.

(3)In this section “chief officer” means—

(a)a chief officer of police of a police force in England and Wales, or

(b)the Chief Constable of the British Transport Police Force.

(4)In this section the following terms have the meaning given by section 90G(5)

  • “approved course”;

  • “prosecution”;

  • “specified fixed penalty offence”.

90IFurther provision about regulations under this Part

(1)A power to make regulations under this Part is exercisable by statutory instrument.

(2)A statutory instrument containing regulations made by the Secretary of State under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.

(3)Regulations under this Part may include—

(a)incidental or supplementary provision;

(b)different provision for different purposes.

(2)After Article 91F of the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10)) insert—

PART 4BU.K.Courses offered as alternative to prosecution
91GPower to charge fees

(1)The Chief Constable may charge a fee for enrolment on an approved course offered as an alternative to prosecution for a specified fixed penalty offence.

(2)A fee may be set at a level that exceeds the cost of an approved course and related administrative expenses, but any excess must be used for the purpose of promoting road safety.

(3)The power in paragraph (1) may be exercised only with the approval in writing of the Policing Board.

Such approval may be given—

(a)generally or specifically, and

(b)subject to conditions.

(4)The Department of Justice may by regulations make further provision about—

(a)how fees, or components of fees, are to be calculated;

(b)the level of fees or components of fees;

(c)the use of fee income.

(5)The regulations may include provision as to the amount, or maximum amount, of a fee or component of a fee.

(6)In this Article—

  • approved course” means a course approved (whether before or after this Article comes into operation) by a body specified in regulations under paragraph (7);

  • fixed penalty offence” means an offence that is a fixed penalty offence for the purposes of Part 4 (see Article 57);

  • promoting road safety” includes the prevention, detection or enforcement of offences relating to vehicles;

  • prosecution”, in relation to an offence, includes any alternative way of being dealt with for the offence (other than attending an approved course);

  • specified fixed penalty offence” means an offence specified under paragraph (7).

(7)The Department of Justice may by regulations—

(a)specify fixed penalty offences for the purposes of this Article;

(b)specify a body to approve courses for the purposes of this Article.

(8)Nothing in this Article limits any power to charge fees apart from this Article.

91HPower to prevent courses being offered for repeat offences

(1)The Department of Justice may by regulations prohibit the Chief Constable from offering an approved course to a person as an alternative to prosecution for a specified fixed penalty offence where—

(a)there is a course fee, and

(b)the person has, within a period specified in the regulations, satisfactorily completed a similar approved course in respect of an earlier specified fixed penalty offence.

(2)The regulations must include provision for the purpose of identifying what counts as a “similar” course; and that provision may, in particular, confer power on a person to determine what courses count as similar.

(3)In this Article the following terms have the meaning given by Article 91G(6)

  • “approved course”;

  • “prosecution”;

  • “specified fixed penalty offence”.

91IFurther provision about regulations under this Part

(1)Regulations under this Part are subject to negative resolution.

(2)Regulations under Article 91G(4) may be made only with the consent of the Department of Finance.

(3)Regulations under this Part may include such incidental or supplementary provision as appears to the Department of Justice to be necessary or expedient.

(3)The Secretary of State may by regulations amend Part 3B of the Road Traffic Offenders Act 1988 for the purpose of making provision corresponding or similar to section 90G or 90H of that Act in relation to courses offered as an alternative to prosecution in Scotland for a fixed penalty offence.

(4)In subsection (3)fixed penalty offence” means an offence that is a fixed penalty offence for the purposes of Part 3 of the Road Traffic Offenders Act 1988 (see section 51 of that Act).

(5)The Secretary of State must consult the Lord Advocate before making regulations under subsection (3).

(6)The power to make regulations under subsection (3) is exercisable by statutory instrument.

(7)A statutory instrument containing regulations under subsection (3) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Commencement Information

I158S. 89 not in force at Royal Assent, see s. 208(1)

I159S. 89 in force at 26.10.2022 by S.I. 2022/1075, reg. 3(f)

Removal etc of abandoned vehiclesE+W

90Charges for removal, storage and disposal of vehiclesE+W

(1)Section 102 of the Road Traffic Regulation Act 1984 (charges for removal, storage and disposal of vehicles), as it forms part of the law of England and Wales, is amended as follows.

(2)In subsection (2), for the words before paragraph (a) substitute “In any such case (but subject in the case of a local authority to subsection (2A))—”.

(3)For subsection (2A) substitute—

(2A)In the case of a vehicle removed, on any ground mentioned in subsection (1), from an area that is a civil enforcement area for parking contraventions—

(a)subsection (2) does not apply to the recovery of charges by a local authority, but

(b)the enforcement authority is entitled to recover from any person responsible such charges in respect of the removal, storage and disposal of the vehicle as they may require in accordance with Schedule 9 to the Traffic Management Act 2004.

Commencement Information

I160S. 90 in force at Royal Assent for specified purposes, see s. 208(4)(o)

I161S. 90 in force at 28.6.2022 in so far as not already in force by S.I. 2022/520, reg. 5(k)

Surrender of driving licencesU.K.

91Production of licence to the courtE+W+S

(1)The Road Traffic Offenders Act 1988 is amended as follows.

(2)In section 7 (trial: duty of accused to provide licence to the court)—

(a)for subsection (1) substitute—

(1)Where—

(a)a person who is the holder of a licence is prosecuted for an offence involving obligatory or discretionary disqualification,

(b)there is a hearing, and

(c)the person attends the hearing,

the person must bring the licence to the hearing.;

(b)omit subsections (1A), (1B), (1C) and (2).

(3)In section 27 (sentence: production of licence to the court)—

(a)for subsection (1) substitute—

(1)Where—

(a)a person who is the holder of a licence is convicted of an offence involving obligatory or discretionary disqualification, and

(b)a court proposes to make, or makes, an order disqualifying the person,

the court may require the licence to be produced to it.;

(b)in subsection (3)(b), at the beginning insert “unless the licence is already treated as being revoked under section 37(1),”.

Commencement Information

I162S. 91 not in force at Royal Assent, see s. 208(1)

I163S. 91 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

92Surrender of licence to Secretary of State where disqualifiedE+W+S

(1)After section 37 of the Road Traffic Offenders Act 1988 insert—

37ASurrender of licence to Secretary of State where disqualified

(1)This section applies where—

(a)a person who is the holder of a licence is disqualified by an order of a court, and

(b)the Secretary of State is not already in receipt of the licence.

(2)The Secretary of State may serve on the person a notice in writing requiring the person to surrender the licence to the Secretary of State at such address as the Secretary of State may determine, before the end of the period of 28 days beginning with the date on which the notice is served.

(3)A notice under subsection (2) may be served on a person—

(a)by delivering it to the person,

(b)by leaving it at the person’s proper address, or

(c)by sending it to the person by post.

(4)A person who, without reasonable excuse, fails to comply with a notice under subsection (2) is guilty of an offence.

(5)For the purposes of—

(a)subsection (3), and

(b)section 7 of the Interpretation Act 1978 in its application to subsection (3),

a person’s “proper address” is the person’s latest address as known to the Secretary of State.

(2)In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences), before the entry relating to section 62 of that Act, insert—

Section 37A(4) of this ActFailure to surrender licence to Secretary of StateSummarilyLevel 3 on the standard scale

Commencement Information

I164S. 92 not in force at Royal Assent, see s. 208(1)

I165S. 92 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

93Removal of requirement to surrender licence where fixed penalty noticeE+W+S

(1)The Road Traffic Offenders Act 1988 is amended as follows.

(2)In section 52 (fixed penalty notices), after subsection (2) insert—

(2A)A fixed penalty notice must give details of the identification information (as defined in section 69(3D)) that may be required under section 69 where the notice relates to an offence involving obligatory endorsement.

(3)In section 54 (notices on-the-spot etc)—

(a)in subsection (3)—

(i)omit “, and” at the end of paragraph (a);

(ii)omit paragraph (b);

(b)omit subsections (4), (5), (5A), (5B), (6), (7) and (9).

(4)In section 69 (payment of penalties)—

(a)in subsection (2), after “method” insert “and subject to subsection (2A)”;

(b)after that subsection, insert—

(2A)Where a person has been given a fixed penalty notice under section 54 in respect of an offence involving obligatory endorsement, payment of the penalty may be made as mentioned in subsection (2) only if the letter also contains identification information.;

(c)after subsection (3), insert—

(3A)Subsection (3B) applies where—

(a)a person has been given a fixed penalty notice under section 54 in respect of an offence involving obligatory endorsement, and

(b)a method of payment other than that mentioned in subsection (2) is used.

(3B)The penalty is treated as having been paid to the fixed penalty clerk or the Secretary of State in accordance with this Part only if the person—

(a)fulfils the identification requirements, and

(b)makes payment of the penalty to the clerk or the Secretary of State.

(3C)A person fulfils the identification requirements if—

(a)the person provides the clerk or the Secretary of State with identification information, or

(b)the clerk or the Secretary of State is otherwise satisfied of the person’s identity.

(3D)In this section “identification information” means—

(a)the person’s name and date of birth, and

(b)if the person is the holder of a licence, the licence number.

Commencement Information

I166S. 93 not in force at Royal Assent, see s. 208(1)

I167S. 93 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

94Removal of requirement to deliver up licence where conditional offerE+W+S

(1)The Road Traffic Offenders Act 1988 is amended as follows.

(2)In section 75 (issue of conditional offer)—

(a)in subsection (7), after paragraph (b) (but before the “and” immediately after it) insert—

(ba)give details of the identification information that may be required where the conditional offer relates to an offence involving obligatory endorsement,;

(b)in subsection (8A)(a), for sub-paragraph (ii) substitute—

(ii)where the conditional offer relates to an offence involving obligatory endorsement, fulfils the identification requirements,;

(c)after subsection (8A) insert—

(8B)For the purposes of subsection (8A)(a)(ii), an alleged offender fulfils the identification requirements if—

(a)the alleged offender provides the appropriate person with identification information, or

(b)the appropriate person is otherwise satisfied of the alleged offender’s identity.

(8C)In this section “identification information” means—

(a)the alleged offender’s name and date of birth, and

(b)if the alleged offender is the holder of a licence, the licence number.

(3)In section 76 (effect of offer and payment of penalty)—

(a)in subsection (2), for “makes payment of the fixed penalty in accordance with the conditional offer” substitute “has fulfilled the conditions specified in the conditional offer under section 75(8A)(a)”;

(b)in subsection (3)(b), omit the words from “together” to “his licence”;

(c)in subsection (4), for the words from “requirements” to “fulfilled” substitute “alleged offender has not fulfilled the conditions specified in the conditional offer under section 75(8A)(a)”.

(4)In section 77A (endorsement of driving records where penalty paid)—

(a)for subsection (1)(a) substitute—

(a)a conditional offer has been issued to a person (“the alleged offender”) under section 75(1), (2) or (3),;

(b)in subsection (1)(b), for “76” substitute “76(2)”;

(c)in subsection (1), in the words after paragraph (b), omit “together with any licence delivered under paragraph (a) above”;

(d)in subsection (2), in the words before paragraph (a), omit “and return any licence delivered to him under this section to the alleged offender”;

(e)for subsection (2)(b) substitute—

(b)in a case where—

(i)a conditional offer is issued to a person (“the alleged offender”) under section 75(1A) or (3B), and

(ii)proceedings against the alleged offender are excluded by section 76(2).

Commencement Information

I168S. 94 not in force at Royal Assent, see s. 208(1)

I169S. 94 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

95Surrender of licences and test certificates by new driversE+W+S

Schedule 9 contains amendments to the Road Traffic (New Drivers) Act 1995 which make provision about the surrender of driving licences and test certificates in the case of new drivers.

Commencement Information

I170S. 95 not in force at Royal Assent, see s. 208(1)

I171S. 95 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

96Minor and consequential amendmentsU.K.

Schedule 10 contains minor and consequential amendments.

Commencement Information

I172S. 96 not in force at Royal Assent, see s. 208(1)

I173S. 96 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

Fixed penalty notices in ScotlandE+W+S

97Power to issue fixed penalty notices on-the-spot in ScotlandE+W+S

(1)In section 54(1) of the Road Traffic Offenders Act 1988 (notices on-the-spot etc.), omit “in England and Wales”.

(2)In section 75(4) of that Act (issue of conditional offer: restrictions), after “notice” insert “in respect of the offence has been given under section 54 of this Act or”.

(3)Paragraph 103(2) of Schedule 4 to the Road Traffic Act 1991 (amendment to section 54 of the Road Traffic Offenders Act 1988 which is superseded by provision made by this section) is omitted.

Commencement Information

I174S. 97 not in force at Royal Assent, see s. 208(1)

I175S. 97 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(b) (with Pt. 3)

PART 6U.K.Cautions

Prospective

IntroductoryE+W

98Diversionary and community cautionsE+W

(1)This Part makes provision for cautions known as—

(a)diversionary cautions, and

(b)community cautions.

(2)A diversionary caution may, in accordance with this Part, be given by an authorised person to a person aged 18 or over in respect of an offence.

(3)A community caution may, in accordance with this Part, be given by an authorised person to a person aged 18 or over in respect of an offence other than an excluded offence.

(4)Diversionary and community cautions must have one or more conditions attached to them.

(5)Breach of a condition may, in accordance with this Part, result in—

(a)prosecution for the offence, in the case of a diversionary caution, or

(b)a financial penalty, in the case of a community caution.

(6)In this Part “excluded offence” means—

(a)an indictable-only offence;

(b)an offence triable either way which is prescribed in regulations, or

(c)a summary offence which is prescribed in regulations.

(7)In this Part “authorised person”, in relation to a diversionary or community caution, means—

(a)a constable,

(b)an investigating officer, or

(c)a person authorised by a prosecution authority for purposes relating to cautions of that kind.

Commencement Information

I176S. 98 not in force at Royal Assent, see s. 208(1)

Prospective

Diversionary cautionsE+W

99Giving a diversionary cautionE+W

(1)An authorised person may give a diversionary caution to a person aged 18 or over (“the offender”) in respect of an offence if the following requirements are met.

(2)The requirements are that—

(a)an authorised person or a prosecution authority decides—

(i)that there is sufficient evidence to charge the offender with the offence, and

(ii)that a diversionary caution should be given to the offender in respect of the offence;

(b)the offender admits having committed the offence;

(c)the offender consents to being given the caution;

(d)an authorised person—

(i)explains the effect of the caution to the offender, and

(ii)in particular, warns the offender that failure to comply with any of the conditions attached to the caution may result in prosecution for the offence;

(e)the offender signs a document which contains—

(i)details of the offence,

(ii)the offender’s admission to having committed the offence,

(iii)the offender’s consent to being given the caution, and

(iv)the conditions attached to the caution.

(3)But if the offence is an indictable-only offence, the authorised person may not give a diversionary caution to the offender except—

(a)in exceptional circumstances relating to the person or the offence, and

(b)with the consent of the Director of Public Prosecutions.

(4)A diversionary caution may not be given in respect of an offence committed before the coming into force of this section.

(5)The power to give a diversionary caution under subsection (1) is also subject to regulations under section 117 (restrictions on multiple use of cautions).

Commencement Information

I177S. 99 not in force at Royal Assent, see s. 208(1)

100Deciding on the conditionsE+W

(1)The conditions attached to a diversionary caution are to be decided upon by—

(a)an authorised person, or

(b)in a case where a prosecution authority has taken the decision that the caution should be given, the prosecution authority.

(2)The conditions which may be attached to a diversionary caution are those authorised by—

(a)section 101 (rehabilitation and reparation conditions),

(b)section 102 (financial penalty conditions), and

(c)section 103 (conditions relating to certain foreign offenders).

(3)When deciding what conditions to attach to a diversionary caution the authorised person or prosecution authority must—

(a)make reasonable efforts, or ensure that reasonable efforts are or have been made, to obtain the views of any victim or victims of the offence, and

(b)take those views into account.

(4)The views referred to in subsection (3) include in particular views as to whether the offender should carry out any of the actions listed in the community remedy document.

(5)Where it is the view of the victim or all the victims that the offender should carry out a particular action listed in the community remedy document, the authorised person or prosecution authority must attach that as a condition unless it seems to the authorised person or prosecution authority—

(a)the action is not one that can be attached as a condition to a diversionary caution, or

(b)it would be inappropriate to do so.

Commencement Information

I178S. 100 not in force at Royal Assent, see s. 208(1)

101Rehabilitation and reparation conditionsE+W

(1)Conditions with one or both of the objects in subsection (2) may be attached to a diversionary caution.

(2)The objects are—

(a)facilitating the rehabilitation of the offender;

(b)ensuring that the offender makes reparation for the offence.

(3)The conditions which may be attached to a diversionary caution for the objects referred to in subsection (2) include—

(a)restrictive conditions,

(b)unpaid work conditions, and

(c)attendance conditions.

(4)A restrictive condition is a condition requiring the offender—

(a)not to meet or communicate with specified individuals;

(b)not to be in, or go to, specified addresses, places or areas in the United Kingdom;

(c)not to carry out or participate in specified activities;

(d)not to engage in specified conduct (which may include conduct constituting a criminal offence).

(5)An unpaid work condition is a condition requiring the offender to carry out unpaid work of a specified description for a specified number of hours, which may not exceed 20.

(6)An attendance condition is a condition requiring the offender to attend a specified place—

(a)for a specified purpose, and

(b)for a specified number of hours, which may not exceed 20 where the condition only has the object referred to in subsection (2)(b).

(7)Where an attendance condition requires the offender to attend somewhere for the purpose of participating in any education or training, or receiving any other service, the attendance condition may also require the offender to pay for the reasonable cost of the provision of the education, training or service to the offender.

(8)Regulations may amend subsection (5) or (6)(b) (or both) so as to substitute a different number of hours.

(9)A condition authorised by this section may—

(a)contain further details as to how it must be complied with (including the times at or between which something must or must not be done);

(b)provide for those details to be supplied, after the giving of the caution, by a specified person or a person of a specified description.

(10)A condition authorised by this section may not require a person to remain at their own or anyone else’s residence for any period of time.

(11)In this section “specified” means specified in the caution.

Commencement Information

I179S. 101 not in force at Royal Assent, see s. 208(1)

102Financial penalty conditionsE+W

(1)A condition requiring the offender to pay a financial penalty may be attached to a diversionary caution with the object of punishing the offender.

(2)The condition must specify—

(a)the amount of the financial penalty,

(b)the person to whom the financial penalty must be paid,

(c)how it must or may be paid, and

(d)the date on or before which it must be paid.

(3)The amount specified under subsection (2)(a) must not exceed an amount prescribed in regulations.

(4)Where the person specified under subsection (2)(b) is not the designated officer for a magistrates’ court, once the penalty is paid to that person they must give it to such an officer.

(5)The date specified under subsection (2)(d) must be the last day of the period of 28 days beginning with the day on which the caution is given.

Commencement Information

I180S. 102 not in force at Royal Assent, see s. 208(1)

103Foreign offenders’ conditionsE+W

(1)Where a diversionary caution is given to a relevant foreign offender, a condition with one or both of the objects in subsection (2) may be attached to it.

(2)The objects are—

(a)bringing about the departure of the relevant foreign offender from the United Kingdom;

(b)ensuring that the relevant foreign offender does not return to the United Kingdom for a period of time.

(3)If a diversionary caution has a condition with the object referred to in subsection (2)(b), the expiry of the period does not of itself give rise to any right on the part of the offender to return to the United Kingdom.

(4)In this section “relevant foreign offender” means—

(a)an offender directions for whose removal from the United Kingdom have been, or may be, given under Schedule 2 to the Immigration Act 1971 or section 10 of the Immigration and Asylum Act 1999, or

(b)an offender against whom a deportation order under section 5 of the Immigration Act 1971 is in force.

Commencement Information

I181S. 103 not in force at Royal Assent, see s. 208(1)

104Variation of conditionsE+W

An authorised person or prosecution authority may, with the consent of the offender, vary the conditions attached to a diversionary caution by—

(a)varying or omitting any of the conditions;

(b)adding a condition.

Commencement Information

I182S. 104 not in force at Royal Assent, see s. 208(1)

105Effect of diversionary cautionE+W

(1)Where a diversionary caution is given, criminal proceedings may be instituted against the offender for the offence in respect of which the caution was given if, but only if, the offender fails without reasonable excuse to comply with any of the conditions attached to the caution.

(2)The document mentioned in section 99(2)(e) is admissible in such proceedings.

(3)Where such proceedings are instituted, the diversionary caution ceases to have effect.

Commencement Information

I183S. 105 not in force at Royal Assent, see s. 208(1)

106Arrest for failure to complyE+W

(1)If a constable has reasonable grounds for believing that the offender has failed without reasonable excuse to comply with any of the conditions attached to a diversionary caution, the constable may arrest the offender without warrant.

(2)A person arrested under this section must be—

(a)charged with the offence in question, or

(b)released without charge.

(3)A person released without charge under subsection (2)(b) must be—

(a)released on bail if—

(i)the release is to enable a decision to be made as to whether the offender should be charged with the offence, and

(ii)the pre-conditions for bail are satisfied, or

(b)in any other case, released without bail (with or without any variation in the conditions attached to the caution).

(4)Subsection (2) also applies in the case of—

(a)a person who, having been released on bail under subsection (3)(a), returns to a police station to answer bail or is otherwise in police detention at a police station;

(b)a person who, having been released on bail under section 30A of the 1984 Act (bail elsewhere than at police station) as applied by section 107 below, attends at a police station to answer bail or is otherwise in police detention at a police station;

(c)a person who is arrested under section 30D or 46A of the 1984 Act (power of arrest for failure to answer to police bail) as applied by section 107 below.

(5)Where a person is released on bail under subsection (3)(a), the custody officer must inform the person that the release is to enable a decision to be made as to whether the person should be charged with the offence in question.

(6)A person arrested under this section, or any other person in whose case subsection (2) applies, may be kept in police detention—

(a)to enable the person to be dealt with in accordance with that subsection, or

(b)where applicable, to enable the power under section 47(4A) of the 1984 Act (power of custody officer to appoint a different or additional time for answering to police bail), as applied by section 107 below, to be exercised.

If the person is not in a fit state to be dealt with in that way, or to enable that power to be exercised, they may be kept in police detention until they are.

(7)The power under subsection (6)(a) includes power to keep the person in police detention if it is necessary to do so for the purpose of investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the diversionary caution.

(8)Subsections (2) and (3) must be complied with as soon as practicable after the person arrested arrives at the police station or, in the case of a person arrested at the police station, as soon as practicable after the arrest.

(9)Subsection (2) does not require a person who—

(a)falls within subsection (4)(a) or (b), and

(b)is in police detention in relation to a matter other than the diversionary caution,

to be released if the person is liable to be kept in detention in relation to that other matter.

(10)In subsection (3)(a)(ii), the reference to the pre-conditions for bail is to be read in accordance with section 50A of the 1984 Act.

Commencement Information

I184S. 106 not in force at Royal Assent, see s. 208(1)

107Application of Police and Criminal Evidence Act 1984E+W

(1)In the case of a person arrested under section 106, the provisions of the 1984 Act specified in subsection (2) apply, with the modifications specified in subsection (3) and with such further modifications as are necessary, as they apply in the case of a person arrested for an offence.

(2)The provisions are—

(a)section 30 (arrest elsewhere than at police station);

(b)sections 30A to 30D (bail elsewhere than at police station);

(c)section 31 (arrest for further offence);

(d)section 34(1) to (5E) (limitations on police detention);

(e)section 36 (custody officers at police stations);

(f)section 37(4) to (6C) (record of grounds for detention);

(g)section 38 (duties of custody officer after charge);

(h)section 39 (responsibilities in relation to persons detained);

(i)section 55A (x-rays and ultrasound scans).

(3)The modifications are—

(a)in section 30CA, omit subsections (4A) to (4D);

(b)in section 30CA, in subsection (5), in paragraph (a) of the definition of “relevant officer”, for the reference to being involved in the investigation of the relevant offence substitute a reference to being involved—

(i)in the investigation of the offence in respect of which the person was given the diversionary caution, or

(ii)in investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the diversionary caution;

(c)in section 36(5) and (7), for the references to being involved in the investigation of an offence for which the person is in police detention substitute references to being involved—

(i)in the investigation of the offence in respect of which the person was given the diversionary caution, or

(ii)in investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the diversionary caution;

(d)in section 38(1)(a)(iii) and (iv), for “arrested for” substitute “charged with”;

(e)in section 39(2) and (3), for the references to an offence substitute references to a failure to comply with conditions attached to the diversionary caution.

(4)Section 40 of the 1984 Act (review of police detention) applies to a person in police detention by virtue of section 106 above as it applies to a person in police detention in connection with the investigation of an offence, but with the following modifications—

(a)omit subsections (8) and (8A);

(b)in subsection (9), for the reference to section 37(9) or 37D(5) substitute a reference to the second sentence of section 106(6) above.

(5)The following provisions of the 1984 Act apply to a person released on bail under section 106(3)(a) above as they apply to a person released on bail under section 37 of that Act—

(a)section 46A (power of arrest for failure to answer to police bail);

(b)section 47 (bail after arrest), except subsections (4D) and (4E).

(6)Section 54 of the 1984 Act (searches of detained persons) applies in the case of a person who falls within section 106(4) above and is detained in a police station under that section as it applies in the case of a person who falls within section 34(7) of that Act and is detained at a police station under section 37.

(7)Section 54A of the 1984 Act (searches and examination to ascertain identity) applies with the following modifications in the case of a person who is detained in a police station under section 106 above—

(a)in subsections (1)(a) and (12), after “as a person involved in the commission of an offence” insert “or as having failed to comply with any of the conditions attached to the person’s diversionary caution”;

(b)in subsection (9)(a), after “the investigation of an offence” insert “, the investigation of whether the person in question has failed to comply with any of the conditions attached to the person’s diversionary caution”.

Commencement Information

I185S. 107 not in force at Royal Assent, see s. 208(1)

Prospective

Community cautionsE+W

108Giving a community cautionE+W

(1)An authorised person may give a community caution to a person aged 18 or over (“the offender”) in respect of an offence, other than an excluded offence, if the following requirements are met.

(2)The requirements are that—

(a)an authorised person or a prosecution authority decides that—

(i)there is sufficient evidence to charge the offender with the offence, and

(ii)a community caution should be given to the offender in respect of the offence;

(b)the offender admits to having committed the offence;

(c)the offender consents to being given the caution;

(d)an authorised person—

(i)explains the effect of the caution to the offender, and

(ii)in particular, warns the offender of the effect of failure to comply with any of the conditions attached to the caution;

(e)the offender signs a document which contains—

(i)details of the offence,

(ii)the offender’s admission to having committed the offence,

(iii)the offender’s consent to being given the caution, and

(iv)the conditions attached to the caution.

(3)A community caution may not be given in respect of an offence committed before the coming into force of this section.

(4)The power to give a community caution under subsection (1) is also subject to regulations under section 117 (restrictions on multiple use of cautions).

Commencement Information

I186S. 108 not in force at Royal Assent, see s. 208(1)

109Deciding on the conditionsE+W

(1)The conditions attached to a community caution are to be decided upon by—

(a)an authorised person, or

(b)in a case where a prosecution authority has taken the decision that the caution should be given, the prosecution authority.

(2)The conditions which may be attached to a community caution are those authorised by—

(a)section 110 (rehabilitation and reparation conditions), and

(b)section 111 (financial penalty conditions).

(3)When deciding what conditions to attach to a community caution the authorised person or prosecution authority must—

(a)make reasonable efforts, or ensure that reasonable efforts are or have been made, to obtain the views of any victim or victims of the offence, and

(b)take those views into account.

(4)The views referred to in subsection (3) include in particular views as to whether the offender should carry out any of the actions listed in the community remedy document.

(5)Where it is the view of the victim or all the victims that the offender should carry out a particular action listed in the community remedy document, the authorised person or prosecution authority must attach that as a condition unless it seems to the authorised person or prosecution authority—

(a)the action is not one that can be attached as a condition to a community caution, or

(b)it would be inappropriate to do so.

Commencement Information

I187S. 109 not in force at Royal Assent, see s. 208(1)

110Rehabilitation and reparation conditionsE+W

(1)Conditions with one or both of the objects in subsection (2) may be attached to a community caution.

(2)The objects are—

(a)facilitating the rehabilitation of the offender;

(b)ensuring that the offender makes reparation for the offence.

(3)The conditions which may be attached to a community caution for the objects referred to in subsection (2) include—

(a)restrictive conditions,

(b)unpaid work conditions, and

(c)attendance conditions.

(4)A restrictive condition is a condition requiring the offender—

(a)not to meet or communicate with specified individuals;

(b)not to be in or go to specified addresses, places or areas in the United Kingdom;

(c)not to carry out or participate in specified activities;

(d)not to engage in specified conduct (which may include conduct constituting a criminal offence).

(5)An unpaid work condition is a condition requiring the offender to carry out unpaid work of a specified description for a specified number of hours, which may not exceed 10.

(6)An attendance condition is a condition requiring the offender to attend a specified place—

(a)for a specified purpose, and

(b)for a specified number of hours, which may not exceed 10 where the condition only has the object referred to in subsection (2)(b).

(7)Where an attendance condition requires the offender to attend somewhere for the purpose of participating in any education or training, or receiving any other service, the attendance condition may also require the offender to pay for the reasonable cost of the provision of the education, training or service to the offender.

(8)Regulations may amend subsection (5) or (6)(b) (or both) so as to substitute a different number of hours.

(9)A condition authorised by this section may—

(a)contain further details as to how it must be complied with (including the times at or between which something must or must not be done);

(b)provide for those details to be supplied, after the giving of the caution, by a specified person or a person of a specified description.

(10)A condition authorised by this section may not require a person to remain at their own or anyone else’s residence for any period of time.

(11)In this section “specified” means specified in the caution.

Commencement Information

I188S. 110 not in force at Royal Assent, see s. 208(1)

111Financial penalty conditionsE+W

(1)A condition requiring the offender to pay a financial penalty may be attached to a community caution with the object of punishing the offender.

(2)The condition must specify—

(a)the amount of the financial penalty,

(b)the person to whom the financial penalty must be paid,

(c)how it must or may be paid,

(d)the date on or before which the penalty must be paid, and

(e)the consequences of non-payment.

(3)The amount specified under subsection (2)(a) must not exceed an amount prescribed in regulations.

(4)Where the person specified under subsection (2)(b) is not the designated officer for a magistrates’ court, once the penalty is paid to that person they must give it to such an officer.

(5)The date specified under subsection (2)(d) must be the last day of the period of 28 days beginning with the day on which the caution is given.

(6)If the financial penalty is not paid on or before the date specified under subsection (2)(d), the amount of the penalty required to be paid by the condition is increased by 50%.

(7)Where subsection (6) applies, if the increased penalty is not paid within the period of 21 days beginning with the day after the date specified under subsection (2)(d), the amount of the increased penalty may be registered under section 112 for enforcement against the offender as a fine.

Commencement Information

I189S. 111 not in force at Royal Assent, see s. 208(1)

112Enforcement of financial penalties: registrationE+W

(1)The chief officer of police may, in respect of any amount registrable under section 111(7), issue a certificate (“a registration certificate”)—

(a)giving particulars of the financial penalty,

(b)stating that the amount is registrable for enforcement against the offender as a fine, and

(c)stating the name and last known address of the offender.

(2)The chief officer of police issuing a registration certificate must cause it to be sent to the designated officer for the local justice area in which the offender appears to the chief officer to reside.

(3)The designated officer for a local justice area in receipt of a registration certificate must—

(a)register the amount for enforcement as a fine in that area by entering it in the register of a magistrates’ court acting for that area, or

(b)if it appears to the designated officer that the offender does not reside in that area, cause the certificate to be sent to the person appearing to the officer to be the designated officer for the local justice area in which the offender resides.

(4)A designated officer registering an amount under this section for enforcement as a fine must give the offender notice of the registration which—

(a)specifies the amount registered, and

(b)gives the information with respect to the financial penalty, and the authority for registration, that was included in the registration certificate.

(5)If an amount is registered in a magistrates’ court as a result of this section, any enactment referring (in whatever terms) to a fine imposed, or other sum adjudged to be paid, on conviction by such a court applies as if the registered amount were a fine imposed by that court on the conviction of the offender on the date on which the amount was registered.

Commencement Information

I190S. 112 not in force at Royal Assent, see s. 208(1)

113Enforcement of financial penalties: court proceedingsE+W

(1)This section applies where, in any proceedings for the enforcement of an amount registered under this section, the person against whom the proceedings are taken claims—

(a)not to be the person to whom the community caution was given,

(b)to have paid the amount that was required to be paid, or

(c)to have a reasonable excuse for not paying.

(2)The court may adjourn the proceedings, on one or more occasions, for the purpose of allowing the claim to be investigated, but must not adjourn for more than 28 days in total.

(3)The court must accept a claim under subsection (1)(a) or (b) unless it is shown, on the balance of probabilities, that the claim is unfounded.

(4)Where a court accepts a claim under subsection (1)(b), the condition of the caution by virtue of which the amount is required to be paid ceases to have effect.

(5)In the case of a claim under subsection (1)(c), the court must accept the claim so far as relating to the facts claimed (leaving aside any question as to the reasonableness of the excuse), unless it is shown, on the balance of probabilities, that the claim so far as relating to those facts is unfounded.

(6)Where a court accepts a claim under subsection (1)(c), the court may order that the condition of the caution by virtue of which the amount is required to be paid—

(a)ceases to have effect, or

(b)is varied so as to reduce the amount payable or to extend the time for payment (or both).

Commencement Information

I191S. 113 not in force at Royal Assent, see s. 208(1)

114Variation of conditionsE+W

(1)An authorised person or prosecution authority may, with the consent of the offender, vary the conditions attached to a community caution by—

(a)varying or omitting any of the conditions;

(b)adding a condition.

(2)See also section 115(2) (addition of financial penalty).

Commencement Information

I192S. 114 not in force at Royal Assent, see s. 208(1)

115Effect of community cautionE+W

(1)Where a community caution is given, criminal proceedings may not be instituted against the offender for the offence in respect of which the caution was given.

(2)If the offender fails without reasonable excuse to comply with any condition imposed under section 110, an authorised person or prosecution authority may—

(a)rescind the condition, and

(b)attach a condition imposing a financial penalty (or further such condition) under section 111.

Commencement Information

I193S. 115 not in force at Royal Assent, see s. 208(1)

GeneralE+W

116Code of practiceE+W

(1)The Secretary of State must prepare a code of practice in relation to diversionary and community cautions.

(2)The code may, in particular, include provision as to—

(a)the circumstances in which diversionary and community cautions may be given;

(b)the procedure to be followed in connection with the giving of diversionary and community cautions;

(c)the conditions which may be attached to diversionary and community cautions and the time for which they may have effect;

(d)the category of constable or investigating officer by whom diversionary and community cautions may be given;

(e)the persons whom a prosecution authority may authorise as authorised persons for the purposes of this Part;

(f)the form which diversionary and community cautions are to take and the manner in which they are to be given and recorded;

(g)the places where diversionary and community cautions may be given;

(h)the provision which may be made in a condition under section 102(2)(b) or 111(2)(b);

(i)the monitoring of compliance with conditions attached to diversionary and community cautions;

(j)the exercise of the power of arrest conferred by section 106(1);

(k)who is to decide how a person should be dealt with under section 106(2) and (3).

(3)After preparing a draft of the code the Secretary of State—

(a)must publish the draft,

(b)must consider any representations made to the Secretary of State about the draft, and

(c)may amend the draft accordingly,

but may not publish or amend the draft without the consent of the Attorney General.

(4)After complying with subsection (3) the Secretary of State must lay the code before each House of Parliament.

(5)After complying with subsection (4) the Secretary of State may bring the code into force by regulations.

(6)The Secretary of State may from time to time revise a code of practice brought into force under this section.

(7)Subsections (3) to (6) apply (with appropriate modifications) to a revised code as they apply to the original code.

Commencement Information

I194S. 116 in force at 24.5.2023 by S.I. 2023/573, reg. 2

Prospective

117Restriction on multiple cautionsE+W

(1)Regulations may prohibit the giving of a diversionary or community caution to a person in respect of an offence where the person has already been given one or more cautions.

(2)A prohibition under subsection (1) may in particular be framed by reference to—

(a)the kinds of caution previously given to the person;

(b)the number of times any kind of caution has been given to the person;

(c)the period preceding the commission of the offence within which any kind of caution has been given to the person;

(d)the offence or description of offences in respect of which any kind of caution has been given to the person.

(3)For the purposes of this section “caution” means—

(a)a diversionary or community caution;

(b)a conditional caution under Part 3 of the Criminal Justice Act 2003 given before the coming into force of section 118;

(c)any other caution given to the person before the coming into force of that section in respect of an offence where—

(i)the person admitted having committed the offence,

(ii)the person was aged 18 or over when the caution was given, and

(iii)the caution was given by a constable or other person authorised to give the caution.

Commencement Information

I195S. 117 not in force at Royal Assent, see s. 208(1)

Prospective

118Abolition of other cautions and out-of-court disposalsE+W

(1)No caution other than a diversionary or community caution may be given to a person aged 18 or over who admits to having committed an offence.

(2)In the Criminal Justice Act 2003, omit Part 3 (conditional cautions).

(3)In the Criminal Justice and Police Act 2001, omit Chapter 1 of Part 1 (on-the-spot penalties for disorderly behaviour).

(4)Subsections (2) and (3) do not affect the continuing operation of the provisions repealed by those subsections in relation to offences committed before the day on which this section comes into force.

Commencement Information

I196S. 118 not in force at Royal Assent, see s. 208(1)

Prospective

SupplementaryU.K.

119Consequential amendments relating to Part 6U.K.

Schedule 11 contains consequential amendments.

Commencement Information

I197S. 119 not in force at Royal Assent, see s. 208(1)

120Regulations under Part 6E+W

(1)Regulations under this Part are to be made by the Secretary of State by statutory instrument.

(2)Regulations under this Part may make—

(a)different provision for different purposes;

(b)consequential, supplementary, incidental, transitional and transitory provision and savings.

(3)A statutory instrument containing the regulations specified in subsection (4) (with or without other provision) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(4)The regulations referred to in subsection (3) are—

(a)regulations under section 98(6)(b) or (c) (excluded offences);

(b)regulations under section 101(8) or 110(8);

(c)the first regulations under section 102(3) or 111(3) (maximum amount of financial penalty);

(d)any other regulations under section 102(3) or 111(3) which increase or decrease the maximum amount of a financial penalty by more than is necessary to reflect changes in the value of money;

(e)regulations under section 116(5) (commencement of code);

(f)regulations under section 117 (restriction on multiple cautions).

(5)A statutory instrument containing regulations under this Part to which subsection (3) does not apply is subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I198S. 120 not in force at Royal Assent, see s. 208(1)

121Interpretation of Part 6E+W

In this Part—

  • the 1984 Act” means the Police and Criminal Evidence Act 1984;

  • authorised person” has the meaning given by section 98(7);

  • community remedy document” means the community remedy document (as revised from time to time) published under section 101 of the Anti-social Behaviour, Crime and Policing Act 2014 for the police area where the offence in question was committed;

  • excluded offence” has the meaning given by section 98(6);

  • indictable-only offence” means an offence which, if committed by an adult, is triable only on indictment;

  • investigating officer” means—

    (a)

    an officer of Revenue and Customs appointed in accordance with section 2(1) of the Commissioners for Revenue and Customs Act 2005, or

    (b)

    a person designated as a policing support officer or a policing support volunteer under section 38 of the Police Reform Act 2002;

  • police detention” has the same meaning as in the 1984 Act (see section 118(2) of that Act);

  • prosecution authority” means—

    (a)

    the Attorney General;

    (b)

    the Director of Public Prosecutions;

    (c)

    the Director of the Serious Fraud Office;

    (d)

    the Secretary of State;

    (e)

    a person prescribed in regulations;

  • victim”, in relation to an offence, means the particular person who appears to have been affected, or principally affected, by the offence.

Commencement Information

I199S. 121 not in force at Royal Assent, see s. 208(1)

PART 7U.K.Sentencing and release

CHAPTER 1U.K.Custodial sentences

Penalties for offences involving children or vulnerable adultsU.K.

122No commentary item could be found for this reference Penalty for cruelty to childrenU.K.

(1)In section 1 of the Children and Young Persons Act 1933 (cruelty to persons under 16), in subsection (1)(a) (penalty on conviction on indictment), for “ten” substitute “14”.

(2)Subsection (1) applies only in relation to offences committed on or after the day on which this section comes into force.

Commencement Information

I200S. 122 in force at 28.6.2022, see s. 208(5)(j)

123Penalty for causing or allowing a child or vulnerable adult to die or suffer serious physical harmE+W+N.I.

(1)Section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious harm) is amended in accordance with subsections (2) and (3).

(2)In subsection (7) (penalty in the case of a person’s death), for the words “liable on conviction on indictment” substitute liable—

(a)on conviction on indictment in England and Wales, to imprisonment for life or to a fine, or to both;

(b)on conviction on indictment in Northern Ireland,.

(3)In subsection (8) (penalty in the case of serious physical harm), for the words “liable on conviction on indictment” substitute liable—

(a)on conviction on indictment in England and Wales, to imprisonment for a term not exceeding 14 years or to a fine, or to both;

(b)on conviction on indictment in Northern Ireland,.

(4)Subsections (2) and (3) apply only in relation to offences where the unlawful act to which the offence relates is an act that occurs, or so much of such an act as occurs, on or after the day on which this section comes into force.

(5)In Schedule 19 to the Sentencing Code (list of certain specified offences carrying maximum sentence on indictment of imprisonment for life), after paragraph 20 insert—

Domestic Violence, Crime and Victims Act 2004

20A(1)An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 that meets the conditions in sub-paragraph (2).

(2)The conditions are that—

(a)the unlawful act to which the offence relates was an act that occurred, or so much of an act as occurred, on or after the day on which section 123 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and

(b)the offender is liable on conviction on indictment to imprisonment for life.

Commencement Information

I201S. 123 in force at 28.6.2022, see s. 208(5)(j)

Minimum sentences for particular offencesE+W

124Minimum sentences for particular offencesE+W

(1)The Sentencing Code is amended in accordance with subsections (2) to (8).

(2)In section 312 (minimum sentence for offences of threatening with weapon or bladed article)—

(a)in subsection (2), for “The court” substitute “If the offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court”, and

(b)after subsection (2) insert—

(2A)If the offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence unless the court is of the opinion that there are exceptional circumstances which—

(a)relate to the offence or to the offender, and

(b)justify not doing so.

(3)In section 313 (minimum sentence of 7 years for third class A drug trafficking offence)—

(a)in subsection (2), for “The court” substitute “If the index offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court”,

(b)after subsection (2) insert—

(2A)If the index offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence for a term of at least 7 years unless the court is of the opinion that there are exceptional circumstances which—

(a)relate to any of the offences or to the offender, and

(b)justify not doing so., and

(c)in subsection (4)(b), after “subsection (2)” insert “or (2A)”.

(4)In section 314 (minimum sentence of 3 years for third domestic burglary)—

(a)in subsection (2), for “The court” substitute “If the index offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court”,

(b)after subsection (2) insert—

(2A)If the index offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence for a term of at least 3 years unless the court is of the opinion that there are exceptional circumstances which—

(a)relate to any of the offences or to the offender, and

(b)justify not doing so., and

(c)in subsection (4)(b), after “subsection (2)” insert “or (2A)”.

(5)In section 315 (minimum sentence for repeat offence involving weapon or bladed article)—

(a)in subsection (2), for “The court” substitute “If the index offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court”,

(b)after subsection (2) insert—

(2A)If the index offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence unless the court is of the opinion that there are exceptional circumstances which—

(a)relate to the offence, to the previous offence or to the offender, and

(b)justify not doing so., and

(c)in subsection (3), for “subsection (2)” substitute “subsections (2) and (2A)”.

(6)In section 316(1)(a) (appeals where previous conviction set aside), after “subsection (2)” insert “or (2A)”.

(7)In section 320 (determination of day when offence committed), after “311,” insert “312,”.

(8)In section 399(c) (mandatory sentence requirements)—

(a)in sub-paragraph (ii), after “312(2)” insert “or (2A)”,

(b)in sub-paragraph (iii), after “313(2)” insert “or (2A)”,

(c)in sub-paragraph (iv), after “314(2)” insert “or (2A)”, and

(d)in sub-paragraph (v), after “315(2)” insert “or (2A)”.

(9)In Schedule 22 to the Sentencing Act 2020—

(a)in paragraph 66 (amendments of section 313 of the Code), after paragraph (a) insert—

(aa)in subsection (2A), for “an appropriate custodial sentence” substitute “a sentence of imprisonment”;, and

(b)in paragraph 67 (amendments of section 314 of the Code), after paragraph (a) insert—

(aa)in subsection (2A), for “an appropriate custodial sentence” substitute “a sentence of imprisonment”;.

(10)Schedule 12 contains amendments which are consequential on this section.

(11)An amendment made by Schedule 12, so far as it has effect—

(a)in relation to dealing with a person for an offence, or

(b)in relation to a sentence passed for an offence,

has effect only where the person committed the offence on or after the day on which the Schedule came into force.

(12)For the purposes of subsection (11), where an offence is found to have been committed—

(a)over a period of 2 or more days, or

(b)at some time during a period of 2 or more days,

it is to be taken to have been committed on the last of those days.

Commencement Information

I202S. 124 in force at 28.6.2022, see s. 208(5)(k)

Life sentences: time to be servedU.K.

125Whole life order as starting point for premeditated child murderE+W

In Schedule 21 to the Sentencing Code (minimum terms in mandatory life sentences), in paragraph 2(2), after paragraph (b) insert—

(ba)the murder of a child involving a substantial degree of premeditation or planning, where the offence was committed on or after the day on which section 125 of the Police, Crime, Sentencing and Courts Act 2022 came into force,.

Commencement Information

I203S. 125 in force at 28.6.2022, see s. 208(5)(l)

126Whole life orders for young adult offenders in exceptional casesE+W

(1)The Sentencing Code is amended as follows.

(2)In section 321 (orders to be made on passing life sentence)—

(a)in subsection (3)(a), for the words from “the offender” to “committed” substitute “the case is within subsection (3A) or (3B);

(b)after subsection (3) insert—

(3A)A case is within this subsection if the offender was aged 21 or over when the offence was committed.

(3B)A case is within this subsection if—

(a)the offence was committed on or after the day on which section 126 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and

(b)the offender was aged 18 or over but under 21 when the offence was committed.

(3C)In a case within subsection (3B), the court may arrive at the opinion set out in subsection (3)(b) only if it considers that the seriousness of the offence, or combination of offences, is exceptionally high even by the standard of offences which would normally result in a whole life order in a case within subsection (3A).

(3)In section 322 (further provision about mandatory life sentences), in subsection (3)(a), after “321(3)” insert “or (3C).

Commencement Information

I204S. 126 in force at 28.6.2022, see s. 208(5)(l)

127Starting points for murder committed when under 18E+W

In Schedule 21 to the Sentencing Code (minimum terms in mandatory life sentences), for paragraph 6 substitute—

5A(1)This paragraph applies if—

(a)the offender was aged under 18 when the offence was committed, and

(b)the offender was convicted of the offence on or after the day on which section 127 of the Police, Crime, Sentencing and Courts Act 2022 came into force.

(2)The appropriate starting point, in determining the minimum term, is the period given in the entry in column 2, 3 or 4 of the following table that corresponds to—

(a)the age of the offender when the offence was committed, as set out in column 1, and

(b)the provision of this Schedule that would have supplied the appropriate starting point had the offender been aged 18 when the offence was committed, as set out in the headings to columns 2, 3 and 4.

1234
Age of offender when offence committedStarting point supplied by paragraph 3(1) had offender been 18Starting point supplied by paragraph 4(1) had offender been 18Starting point supplied by paragraph 5 had offender been 18
1727 years23 years14 years
15 or 1620 years17 years10 years
14 or under15 years13 years8 years

6(1)This paragraph applies if—

(a)the offender was aged under 18 when the offence was committed, and

(b)the offender was convicted of the offence before the day on which section 127 of the Police, Crime, Sentencing and Courts Act 2022 came into force.

(2)The appropriate starting point, in determining the minimum term, is 12 years.

Commencement Information

I205S. 127 in force at 28.6.2022, see s. 208(5)(l)

128Sentences of detention during Her Majesty’s pleasure: review of minimum termE+W

(1)Before the italic heading above section 28 of the Crime (Sentences) Act 1997 insert—

Sentence of detention during Her Majesty’s pleasure: review of minimum termE+W
27ASentence of detention during Her Majesty’s pleasure imposed on a person under 18: application for minimum term review

(1)This section applies to a person who—

(a)