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Police, Crime, Sentencing And Courts Act 2022

Contents

Legal background

  1. The Act amends the following legislation:
    • Section 41 of the Criminal Justice Act 1925, which relates to photography in court.
    • Section 1 of the Children and Young Persons Act 1933, which relates to the offence of cruelty to persons under 16.
    • Part 1 of the Criminal Appeal Act 1968, which relate to hearings in criminal appeals.
    • Section 5, 6, 7 and 8A of, and Schedule 2 to, the Rehabilitation of Offenders Act 1974, which relates to rehabilitation periods for offenders.
    • Juries Act 1974 to permit British Sign Language interpreters for deaf jurors.
    • Section 22 of and Schedule 2 to the Magistrates’ Court Act 1980, which concern criminal damage to memorials.
    • Section 9 of the Contempt of Court Act 1981, which relates to sound recording in court.
    • Part 4 of the Police and Criminal Evidence Act 1984, which sets out the statutory regime governing pre-charge bail.
    • Sections 64A of and Schedule 2A to the Police and Criminal Evidence Act 1984, which relates to the photographing and fingerprinting of suspects.
    • Section 102 of the Road Traffic Regulation Act 1984, which makes provision for charges for the removal, storage and disposals of vehicles.
    • Paragraph 2 of Schedule 1 to the Repatriation of Prisoners Act 1984, which provides for application of early release provisions to prisoners repatriated to England and Wales.
    • Sections 12 and 14 of the Public Order Act 1986, which set out conditions that can be applied to public processions and public assemblies.
    • Section 32 and Part V of the Criminal Justice Act 1988, which relates to giving evidence via television link and jurisdiction in criminal proceedings.
    • Sections 7, 27, 34, 35A, 35C, 52, 54, 69, 75, 76, 77A and 103 of and Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988, which makes provision for the prosecution and punishment of road traffic offences, including provision in relation to the imposition of driving disqualification orders and minimum disqualification periods, the production and surrender of driving licences and for the issue of fixed penalty notices.
    • Sections 2A and 3ZA of the Road Traffic Act 1988, which set out the meaning of dangerous and careless driving for the purposes of the offences of dangerous and careless driving.
    • Road Traffic (New Drivers) Act 1995, which make provision about newly qualified drivers who commit certain offences, including provision about the production and surrender of driving licences.
    • Part V of the Criminal Justice and Public Order Act 1994, which, amongst other things, confers powers to remove trespassers on land.
    • Section 248D of the Criminal Procedure (Scotland) Act 1995, which provides for the extension of driving disqualifications where a custodial sentence is also imposed.
    • Sections 59 and 60 of the Police Act 1996, which makes provision in respect of the Police Federation for England and Wales and the Police Federation for Scotland.
    • Chapter 2 of the Crime (Sentences) Act 1997, which relates to life sentences and Schedule 1 which relates to transfer of prisoners within the British Isles.
    • Sections 5A, 6, 17 and 18 of the Crime and Disorder Act 1998, which, among other things, makes provision for specified public authorities in England and Wales to formulate and implements crime and disorder reduction strategies.
    • Part IIIA of the Crime and Disorder Act 1998, which relate to live links in hearings.
    • Part 5 of the Terrorism Act 2000, which sets out counter-terrorism powers.
    • Courts Act 2003, which makes a wide range of provision about the operation of courts, to insert provision about transmission and recording of court proceedings.
    • Sections 85A and 85B of the Courts Act 2003, which relate to the participation of the public in court proceedings and the offences of transmission and recording of court proceedings.
    • Part 5 of the Extradition Act 2003, which relates to conduct of extradition proceedings.
    • Part 1 of the Sexual Offences Act 2003 which relates to, among other things, the offence of abuse of position of trust and provides for an offence of arranging or facilitating a child sex offence.
    • Part 2 of the Sexual Offences Act 2003 which relates to, among other things, the notification requirements for sexual offenders and provides for Sexual Harm Prevention Orders and Sexual Risk Orders in England and Wales (and equivalent orders in Scotland and Northern Ireland).
    • Criminal Justice Act 2003 including: Part 8 which relates to use of video and audio links in criminal proceedings; Chapter 6 of Part 12 relating to release, licences, supervision and recall of offenders; sections 325 and 327 which provide for arrangements for assessing risks posed by certain offenders; section 330 which provides for making of orders under the Act; Schedule 15 which provides a list of specified serious offences for release purposes; and Schedules 19A and 31 which provides for supervision default orders.
    • Section 5 of the Domestic Violence, Crime and Victims Act 2004, which provides for the offence of causing or allowing a child or vulnerable adult to die or suffer serious harm.
    • Provisions of the Armed Forces Act 2006 which relate to sentencing, service courts and court martials.
    • Sections 1 and 28 of the Offender Management Act 2007, which relate to offender management and the use of polygraph as a licence condition.
    • Sections 4, 5 and 39 of the Criminal Justice and Immigration Act 2008, which relate to Youth Rehabilitation Orders.
    • Sections 1B and 12 of the Academies Act 2010, which relates to secure 16 to 19 academy arrangements.
    • Part 3 of the Police Reform and Social Responsibility Act 2011, which relates to activities and access to the Palace of Westminster, Parliament Square and the surrounding area.
    • Legal Aid, Sentencing and Punishment of Offenders Act 2012, including Chapter 3 which relates to remand of children otherwise than on bail, and section 128 which sets the test for Parole Board release.
    • Sections 92 to 101 of the Protection of Freedoms Act 2012, which makes provisions establishing the disregards and pardons scheme which enables individuals with convictions and cautions for specified repealed offences to apply for their conviction or caution to be disregarded and sets out the procedure for doing so. Sections 164 to 176 of the Policing and Crime Act 2017, which makes provisions for pardons and posthumous pardons associated with the disregards and pardons scheme.
    • Chapter 2 of Part 4 and sections 101 and 102 of the Anti-Social Behaviour, Crime and Policing Act 2014, which relate to PSPOs and cautions respectively.
    • Sections 8 to 10 of and Schedule 3 to the Criminal Justice and Courts Act 2015, which relate to recall adjudicators.
    • Section 1 of the Assault on Emergency Workers (Offences) Act 2018, which provides for the penalty for assault on an emergency worker.
    • Crime (Overseas Production Orders) Act 2019, which enables law enforcement officers and prosecutors to access and obtain stored electronic content data direct from service providers based or operating outside the UK to support criminal investigations and prosecutions in the UK.
    • Sections 53 at 55 and Schedule 23 to 25 of the Coronavirus Act 2020, which make temporary modifications to courts and tribunal procedures.
    • Sentencing Act 2020, relating to a range of sentencing matters.
  2. The Act also repeals a significant amount of existing enactments relating to the current cautions and out-of-court disposals frameworks across a number of Acts, including the Criminal Justice and Police Act 2001, the Criminal Justice and Immigration Act 2008, the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the Rehabilitation of Offenders Act 1974, the Criminal Justice and Courts Act 2015, the Crime and Disorder Act 1998, and the Commissioners for Revenue and Customs Act 2005.

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