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Police, Crime, Sentencing And Courts Act 2022

Contents

Territorial extent and application

  1. Section 207 sets out the territorial extent of the Act, that is the jurisdictions in which the Act forms part of the law. The extent of an Act can be different from its application. Application is about where an Act produces a practical effect.
  2. Subject to the exceptions described below, the provisions in the Act extend and apply to England and Wales only.
  3. Section 1(9) includes within the definition of forces covered by the duty to report in respect of the Police Covenant the British Transport Police, who operate in Scotland in respect of police railways. The National Crime Agency and the Ministry of Defence police operate both in Scotland and Northern Ireland as well as within England and Wales, however, the operations of these officers are reserved matters. On that basis, because the duty extends to forces which operate UK wide, section 1 (police covenant report) extends and applies to England, Wales, Scotland and Northern Ireland.
  4. The amendments to section 59 of the Police Act 1996 made by section 4 (special constables and Police Federations), to the Public Order Act 1986 made by sections 73 to 75 and 79, to the 1994 Act (powers to remove trespassers from land) by section 84, to the Road Traffic Offenders Act 1988 made by section 89(1) (courses offered as alternative to prosecution) and to the Road Traffic Regulation Act 1984 made by section 90 (charges for removal etc. of abandoned vehicles) extend to England and Wales and Scotland but apply to England and Wales only.
  5. Section 4(8) (regulations for Police Federations), sections 5 to 7 (police driving standards), sections 86 to 88 and Schedule 8 (road traffic offences), section 89(3) to (7) (courses offered as alternative to prosecutions: fees etc.) and sections 91 to 96 and Schedules 9 and 10 (surrender of driving licences) extend and apply to England and Wales and Scotland.
  6. Section 97 (fixed penalty notices in Scotland), sections 142 and 143 (extension of driving disqualification where custodial sentence imposed and under certain existing orders) and Part 2 of Schedule 18 (variation of order made in England and Wales by court in Scotland) extend to England and Wales and Scotland but apply to Scotland only.
  7. Section 177(7) which amends the Abusive Behaviour and Sexual Harms (Scotland) Act 2006, section 169 which amends provisions in the 2003 Act and paragraph 5 of Schedule 19 (management of terrorist offenders: consequential amendment) in respect of notification orders extend and apply to Scotland only.
  8. Section 59 (proceeds of crime: account freezing orders), section 89(2) (courses offered as alternative to prosecutions: fees etc.), Part 1 of Schedule 18 (variation of order made in England and Wales or Scotland by court in Northern Ireland) and paragraph 4 of Schedule 19 (management of terrorist offenders: consequential amendment) extend and apply to Northern Ireland.
  9. Sections 37 to 44 and Schedule 3 (extraction of information from mobile devices), section 51 and Schedule 5 (overseas production orders), section 148 (application of provisions about minimum terms to service offences), section 179 (positive obligations and electronic monitoring requirements: service courts), section 180(4), 182(7) and 183(2) to (7) (enforcement of orders in another part of the United Kingdom), sections 184 to 188 and Schedule 19 (management of terrorist offenders) extend and apply to England, Wales, Scotland and Northern Ireland.
  10. The amendments to sections 92 to 101 of the Protection of Freedoms Act 2012 and sections 164 to 176 of the Policing and Crime Act 2017 (the extension of the disregards and pardons scheme) made by Part 12 extend and apply to England and Wales only, except in relation to service offences, where they extend and apply UK wide.
  11. See the table at Annex D for a summary of the position regarding territorial extent and application in the UK.

Extent in the Channel Islands, Isle of Man and British Overseas Territories

  1. The changes that this Act makes to the Armed Forces Act 2006 ("AFA 2006") may be extended to the Channel Islands by Order in Council under section 384(1) of the AFA 2006. If such an Order is made, it can modify those changes (so that the law of the Channel Islands is not the same as that of the United Kingdom).
  2. The changes that this Act makes to the AFA 2006 extend directly (i.e. without the need for an Order in Council) to the Isle of Man, and the British Overseas Territories (excluding Gibraltar), but an Order in Council may be made under section 384(2) of the AFA 2006 to modify the Act in its application to any of those territories.
  3. The changes that this Act makes to the Reserved Forces Act 1996 may be extended by Order in Council to the Channel Islands or the Isle of Man. If such an Order is made, it can modify those changes (so that the law of the Channel Islands and the Isle of Man is not the same as that of the United Kingdom).

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