Police, Crime, Sentencing And Courts Act 2022

Part 2: Prevention, investigation and prosecution of crime

Chapter 1: Functions relating to serious violence

Section 8: Duties to collaborate and plan to prevent and reduce serious violence

Subsection (1) places a duty on specified authorities for a local government area to collaborate with the other specified authorities for that same area to prevent and reduce serious violence. The specified authorities (as listed in Schedule 1) are chief officers of police, specified health authorities, local authorities, probation service providers, youth offending teams and fire and rescue services. Each specified authority must collaborate with every other specified authority in that area, although the scale, scope and nature of that collaboration are likely to differ, depending on local circumstances. A "local government area" for these purposes is, in England, a district council, a London borough, the City of London or the Isles of Scilly, and, in Wales, a county or county borough (see section 11(4)).
Subsection (2) states that the duty created in subsection (1) includes a duty to plan with the other specified authorities for that area, to prevent and reduce serious violence in the area, although again, the nature of that planning is likely to differ, depending on local circumstances.
Subsection (3) requires specified authorities in a local government area to work with the other specified authorities in that area: to identify the kinds of serious violence that occur in the area; to identify the causes of serious violence in the area so far as is possible; and to prepare and implement a strategy that is aimed at preventing and reducing serious violence in the area. It is expected that this will involve the formulation of a local problem profile/strategic needs assessment, which identifies the main issues and drivers of serious violence in the local area and the cohorts of people most affected or at risk; and the production of a strategy which sets out the proposed local area response to the issues and drivers identified in the local problem profile and describes how the specified authorities will work together to prevent and reduce serious violence in the specified local area.
Subsection (4) requires, in preparing a strategy for a local area, that the specified authorities for the area must consult each educational authority, prison authority or youth custody authority in that area (these terms are defined in section 12 and Schedule 2).
Subsection (5) states that a strategy prepared for a local area may include actions which are to be carried out by an educational authority, prison authority or youth custody authority in that area. Section 15 includes further provision relating to the duties of such authorities in respect of such actions.
Subsection (6) states that the specified authorities, in preparing a strategy for a local government area in England or Wales, may invite participation from a prescribed person who is not subject to the Serious Violence Duty, as specified in an order made by the Secretary of State or the Welsh Ministers (as appropriate) under section 5(3) of the Crime and Disorder Act 1998 (see the Crime and Disorder Strategies (Prescribed Descriptions) (England) Order 2004 (SI 2004/118 ), as amended, and Crime and Disorder Strategies (Prescribed Descriptions) (Wales) Order 2009 (SI 2009/3050 )).
Subsection (7) mandates that once a strategy has been prepared for a local government area, the specified authorities must publish a strategy, keep it under review and must from time to time prepare and implement a revised strategy.
Subsection (8) states that specified authorities must not include in the strategy any material that they 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 referred to in column 1 of a table in Schedule 2
Subsection (9) states that a strategy prepared under this section may also cover an area larger than a local government area if it is also prepared in the exercise of powers under section 9. Section 9 is concerned with collaborations between specified authorities in more than one local government area. The effect of this Section is therefore to support such collaborations by providing, for example, for a common strategy to be prepared for multiple local government areas in the same city, county or region.
Subsection (10) confers a power on the Secretary of State, by regulations, to make further provision for or in connection with the publication and dissemination of a strategy under this section. Such regulations may specify, amongst other things, the date by which the first strategy must be published.

Section 9: Powers to collaborate and plan to prevent and reduce serious violence

Subsection (1) permits two or more specified authorities to collaborate and plan with each other to prevent and reduce serious violence in a relevant area. "Relevant area" is defined (in subsection (13)) as an area including all or part of a local government area or all or part of more than one local government areas (regardless of whether it is also a specified authority for the other area or areas). This provision will also enable specified authorities to work across boundaries where necessary in order to take a co-coordinated approach to serious violence that operates across boundaries. This could be used, for example, in tackling "county lines" activity which often spans more than one local government area.
Subsections (2) to (12) contain analogous provisions to those in section 8(2) to (12) which will apply where two or more specified authorities have chosen to collaborate to deliver the serious violence duty.

Section 10: Power to authorise collaboration etc. with other persons

Subsection (1) creates a power for the Secretary of State to make regulations to confer powers on specified authorities to collaborate with prescribed persons or bodies (which could be in the public, voluntary or private sectors) for the purposes of preventing or reducing serious violence in a prescribed area; and a reciprocal power for persons and bodies so prescribed to collaborate with a specified body for these purposes.
Subsection (2) supports such collaborative working by conferring a power on the Secretary of State, by regulations, to create information sharing gateways that permits prescribed persons to disclose information to any person listed in subsection (3), for the purposes of preventing and reducing serious violence in a prescribed area. This would be a permissive gateway. It would permit but would not require the sharing of information. For example, a prescribed voluntary organisation could share management information about the characteristics of its clients and beneficiaries, which could support the development of a local problem profile / needs assessment.
Subsections (4) to (10) make further provision about the scope of the regulation-making power in subsection (2). They provide that any information sharing gateway created by such regulations could enable information to be shared notwithstanding any obligation of confidence or any other restriction on the disclosure of the information. However, any such regulations must provide that a disclosure would not be permitted if it would contravene data protection legislation and the prohibitions on disclosure provided for in any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016. Nor may any such regulations authorise the disclosure of patient information, or the disclosure of personal information by a health or social care authority. An example of a case in which confidential information could be so disclosed might arise where a prescribed voluntary organisation has been mapping incidents of serious violence reported to it by its clients and beneficiaries. It may wish to share this map with a specified authority, to support the development of a local problem profile / needs assessment.
Subsection (10) defines for the purposes of Chapter 1 of Part 2 the data protection legislation as having the same meaning as in section 3 of the Data Protection Act; "health or social care authority" as meaning a specified authority listed in the first column of the table headed "Health and social care" in Schedule 1; "patient information" as meaning personal information (however recorded) which relates to an individual’s physical or mental health or condition, their diagnosis or care or treatment, or is to (to any extent) derived directly or indirectly from information relating to any of those matters and "personal information" as meaning 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).
Any new information sharing gateway created by regulations made under subsection (2) is intended to augment rather than replace existing powers to collaborate or disclose information for the purpose of preventing or reducing serious violence, accordingly subsection (7) preserves such existing powers.

Section 11 and Schedule 1: Specified authorities and local government areas

Subsection (1) introduces Schedule 1 which lists the specified authorities who are subject to the serious violence duty. The list includes local authorities, probation service providers, youth offending teams, clinical commissioning groups (in England), local health boards (in Wales), chief officers of police, and fire and rescue authorities.
Subsection (4) defines a "local government area" (that is, the area in respect of which the serious violence duty in section 8 applies) as a district, a London borough, the City of London or the Isles of Scilly when in England, and as a county or county borough when in Wales.
Subsection (7) confers a power on the Secretary of State, by regulations, to amend the list of specified authorities in Schedule 1. Such regulations may add, modify or remove an entry in an existing table as well as add a new table in that Schedule.

Section 12 and Schedule 2: Educational, prison and youth custody authorities

Subsection (1) introduces Schedule 2 which defines an ‘educational authority’, ‘prison authority’ and ‘youth custody authority’ for the purposes of Chapter 1 of Part 2.
Subsection (3) confers a power on the Secretary of State, by regulations, to amend Schedule 2. Such regulations may add, modify or remove an entry in a table in that Schedule.

Section 13: Preventing and reducing serious violence

Subsections (1) and (2) define the terms ‘preventing’ and ‘reducing’ serious violence in an area’ to mean preventing people from becoming involved, either as a victim or perpetrator in serious violence in the area and reducing instances of serious violence in the area. This means that it could include early intervention work, to divert people away from serious violence.
Subsection (3) provides that "violence" for the purposes of this Chapter includes violence against property and threats of violence (in addition to violence against a person), domestic abuse within the meaning of the Domestic Abuse Act 2021 and sexual offences, but does not include terrorism. Subsections (4) and (5) define the meaning of sexual offences.
Subsection (6) provides that in considering what amounts to serious violence for the purposes of this Chapter particular factors must be taken into account. It will be for specified authorities in each local area to decide what amounts to serious violence in their particular locality, but in making any such determinations, the following factors must be considered: the maximum penalty that could be imposed for any offence involved in the violence; the impact of the violence on any victim; the prevalence of the violence in the area; and the impact of the violence on the community in the area. It is anticipated that work to answer these questions will form part of the development of the strategy required under section 8 or 9.

Section 14: Involvement of local policing bodies

Subsection (1) provides a power to a local policing body (namely, a police and crime commissioner, the Mayor’s Office for Police and Crime and the Common Council of the City of London in its capacity as a police authority) in a police area to assist a specified authority in the exercise of its function to prevent and reduce serious violence.
Subsection (2) enables a local policing body to monitor the exercise by specified authorities of their functions under section 8 or 9, as the case may be.
Subsection (3) allows a local policing body to report its findings under subsection (2) to the Secretary of State. The Secretary of State may use evidence from such monitoring by a local policing body in deciding whether to exercise the direction-making power in section 18.
Subsection (4) enables the Secretary of State, by regulations, to confer functions on a local policing body for the purposes of enabling it to assist specified authorities in discharging their functions under section 8 or 9. A non-exhaustive list of the type of assistance that may be provided for in such regulations is set out in subsection (5), including the provision of funding and a convening role. Subsection (6) requires a specified authority to cooperate with a local policing body where that body decides to provide assistance to the specified authority under subsection (1), monitor in accordance with subsection (2) the discharge of the serious violence duty by the specified authority or exercise other functions in relation to the specified authority conferred by regulations made under subsection (4).

Section 15: Involvement of educational, prison and youth custody authorities

Subsections (1) and (2) enable an educational, prison or youth detention authority (as defined in Schedule 2 and collectively referred to as a "relevant authority") for a local government area to collaborate with a specified authority for that area in order to prevent and reduce serious violence in that area, and vice versa.
Subsection (3) requires that a relevant authority and a specified authority must collaborate with each other as detailed in subsections (1) and (2) if either the relevant authority or specified authority requests such collaboration.
Where a strategy prepared under section 8 or 9 specifies an action to be carried out by a relevant authority (see section 8(5) and 9(5)), subsection (4) places a duty on the relevant authority to carry out that action. For example, a serious violence reduction strategy may require local schools to provide the specified authorities with management information about exclusions from school.
Subsection (5) enables a relevant authority for a local government area to collaborate with another relevant authority for that area to prevent and reduce serious violence in that area and places a duty on a relevant authority to collaborate with another relevant authority for those purposes if requested to do so by that other relevant authority. For example, a local young offenders’ institution may choose to collaborate with a secure children’s home located in the same area if they are experiencing similar issues with serious violence within their institutions.
Subsection (6) enables a relevant authority to collaborate with another relevant authority for the purpose of preventing and reducing serious violence across local government areas where their area of operation is not coterminous with that area.
Subsections (7) and (8) qualify the duties to collaborate placed on relevant authorities by this section. The duty does not apply to the extent that the relevant authority considers that compliance with the duty would be incompatible with any other duty of the authority imposed by an enactment (other than the duty imposed by subsection (5)(b)), would have an adverse effect on the exercise of the authority’s functions would be disproportionate to the need to prevent and reduce serious violence in the area to which the duty relates. or would mean that the authority incurred unreasonable costs. In determining whether those reasons apply the cumulative effect of complying with the duties under this section must be taken into account.
Subsection (9) provides that, notwithstanding subsections (7) and (8), a relevant authority may still be required to collaborate with a specified authority for the purposes of enabling the specified authority to discharge its functions under section 8(3) or 9(3) of identifying the kinds or causes of serious violence in the area and of preparing a strategy to prevent and reduce serious violence.

Section 16: Disclosure of information

Subsections (1) and (2) create an information sharing gateway, to permit the disclosure to a specified authority of information held by specified authorities, local policing bodies and educational, prison or youth custody authorities, this does not authorise the disclosure of patient information or the disclosure of personal information by a health or social care authority. Such disclosures would be made to allow the specified authority receiving any such information to exercise its functions under Chapter 1 of Part 2. This would be a permissive gateway. It would permit but would not require the sharing of information.
Subsections (3) to (4) make further provision about the disclosure of information under this Section. They provide that a disclosure of information under this section may be made notwithstanding any obligation of confidence or any other restriction on the disclosure of the information, save that disclosure would not be permitted if the information disclosed were patient information or personal information disclosed by a specified authority which is a health or social care authority, nor would a disclosure be permitted if it would contravene the data protection legislation or the prohibitions on disclosure provided for in any Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
Subsections (5) and (6) disapplies any conditions or limitations on the disclosure of information that would apply if the disclosure was one that could be made under an information sharing gateway provided for in regulations made under section 6(2) of the Crime and Disorder Act 1998 or in section 115 of that Act as well as one that could be made under this Section.
Subsection (7) provides that this information sharing gateway does not otherwise affect any existing power to disclose information.

Section 17: Supply of information to local policing bodies

Subsections (1) and (2) create a power for local policing bodies to request any specified authority, educational authority, prison or youth custody authority within its police force area, or any other local policing body, to supply it with such information as it may specify, in order to exercise its functions under section 14.
Subsection (3) specifies that information requested under subsection (1) must be held by the person to whom the request is made and must relate to: the person or body to which the request was made; a function of that body or person; or a person or body in respect of whom a function is exercisable by the person or body requested to supply the information. That is to say, the request cannot be for information held by the body or person in question about a third party – it must be about that body or person. It cannot be about functions that that body or person does not actually have – it must be about things they do themselves, rather than things that are done by others. It can however be about third parties where such parties are carrying out a function on behalf of the person or body to whom the request is made.
Subsection (4) states that where a request is made under subsection (1), the person or body to whom it relates must comply and supply the requested information (subject to subsection (6)).
Subsections (5) to (6) provides that in discharging an obligation under this section a person does not breach any obligation of confidence or any other restriction on the disclosure of the information, save that disclosure would not be permitted if the information disclosed were patient information or personal information disclosed by a specified authority which is a health or social care authority, nor would a disclosure be permitted if it would contravene data protection legislation or the prohibitions on disclosure provided for in Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
Subsection (7) provides that any information supplied to a local policing body under this section must be used only by that body for the purpose of enabling or assisting it to perform its functions under section 14. That is to say, it could be used only for purposes connected with preventing or reducing serious violence. Nor could it be further disseminated outside of that policing body. For example, it could not be shared with the police or other law enforcement agency.

Section 18: Directions

Subsections (1) and (2) gives the Secretary of State a power to issue directions to a specified authority or educational, prison or youth custody authority for the purpose of securing compliance where it has failed to discharge specified duties under Chapter 1 of Part 2. Directions given under this Section may require the relevant specified authority to take such steps as in the opinion of the Secretary of State are necessary, for the purpose of securing compliance with the duty.
Subsection (3) provides for a direction under subsection (1) to be enforced by a mandatory order, that is an order granted on application to the Administrative Court in England and Wales, to compel a public body to comply with a legal duty.
Subsection (4) provides that the Secretary of State must consult the Welsh Ministers before giving a direction under subsection (1)s to a devolved Welsh authority.
Subsection (5) provides that the direction power does not apply in relation to probation services provided by the Secretary of State or publicly run prisons, young offender institutions, secure training centres or secure colleges.

Section 19: Guidance

This section confers a power on the Secretary of State to issue guidance to specified authorities, prescribed persons and bodies, educational authorities, prison and youth custody authorities and local policing bodies. Such bodies must have regard to any such guidance in exercising their functions under Chapter 1 of Part 2. There is a requirement for the Secretary of State to consult the Welsh Ministers before issuing guidance which relates to the exercise of functions by a devolved Welsh authority. There is also a requirement the Secretary of State lays a copy of guidance issued under this Section before Parliament.

Section 20: Amendments of the Crime and Disorder Act 1998

Section 20 amends the Crime and Disorder Act 1998 (the "1998 Act"). The 1998 Act introduced Community Safety Partnerships ("CSPs") (formerly known as Crime and Disorder Reduction Partnerships) to help tackle crime and reduce offending. This Section amends the 1998 Act to ensure preventing and reducing serious violence is a priority for CSPs.
Subsection (2) amends section 5A of the 1998 Act (combination agreements: further provision). Under the 1998 Act, members of a CSP are referred to as "responsible authorities". Responsible authorities for two or more local government areas may agree to combine their work by entering into a combination agreement. This means that CSPs for multiple local government areas in the same city, county or region may agree to enter into a combination agreement to create common plans and strategies. Under section 5A(2) of the 1998 Act, combination agreements may be entered for one or more of three statutory purposes. These are where the relevant a local policing body or bodies consider that to do so would be in the interests of: (a) reducing crime and disorder; (b) reducing re-offending; or (c) combatting the misuse of drugs, alcohol and other substances. Subsection (2) adds two further statutory purposes, namely: (d) preventing people from becoming involved in serious violence (as defined in section 18 of the 1998 Act as amended by subsection (12)); and (e) reducing instances of serious violence.
Subsections (3) to (7) amend section 6 of the 1998 Act. Subsection 6(1) of the 1998 Act requires responsible authorities – again, the members of the CSP – to formulate and implement strategies for: (a) the reduction of crime and disorder in the area (including anti-social behaviour adversely affecting the local environment); (b) combatting the misuse of drugs, alcohol and other substances in the area; and (c) the reduction of re-offending in the area. Subsection 6(2) of the 1998 Act creates a power for the "appropriate national authority" to make regulations in connection with the formulation and implementation of strategies made under section 6(1). Section 6(3)(e) provides that such regulations may include provision in respect of the objectives to be addressed in a strategy and performance targets in respect of those objectives, while section 6(6) provides that regulations made under section 6(3)(e) may require a strategy to be formulated so as to address (in particular) two things: (a) the reduction of crime or disorder of a particular description; and (b) the combatting of a particular description of misuse of drugs, alcohol or other substances. The "appropriate national authority" is defined at section 6(9) as the Secretary of State in England, Welsh Ministers in relation to strategies for combatting the misuse of misuse of drugs, alcohol or other substances in areas in Wales; and the Secretary and State and Welsh Ministers acting jointly, in relation to strategies for combatting crime and disorder or re-offending in Wales.
Subsection (4) amends section 6(1) of the 1998 Act to require the crime and disorder reduction strategies prepared by responsible authorities to address two further matters, namely preventing people from becoming involved in serious violence in the area; and reducing instances of serious violence in the area.
Subsection (5) amends section 6(6) of the 1998 Act so that regulations made under section 6(3)(e) may in addition require a strategy to be formulated so as to address (c) the prevention of people from becoming involved in serious violence of a particular description; and (d) the reduction of instances of serious violence of a particular description. Subsection (6) makes a consequential amendment to the definition of the appropriate national authority in section 6(9) to provide that the Secretary of State is the appropriate national authority for the purposes of making such regulations.
Subsection (7) inserts a new subsections (10) and (11) into section 6 of the 1998 Act. New section 6(10) requires the Secretary of State to consult the Welsh Ministers before making regulations under section 6 which relate to a strategy for preventing people from becoming involved in serious violence in the area; and reducing instances of serious violence in the area, if and to the extent that such provision applies in relation to a devolved Welsh authority within the meaning of section 157A of the Government of Wales Act 2006. New section 6(11) includes provision relating to the interpretation of the term serious violence (when read with the amendments to section 18 of the 1998 Act made by subsection (12)).
Subsections (8) to (11) amend section 17 of the 1998 Act. Section 17 imposes on specified public authorities a duty to consider crime and disorder implications when exercising their functions. The authorities in question include: local authorities; fire and rescue authorities; local policing bodies; national park authorities; the Broads Authority; the Greater London Authority and Transport for London. Each of these authorities must exercise their various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that they can reasonably do, to prevent: (a) crime and disorder in its area (including anti-social and other behaviour adversely affecting the local environment); (b) the misuse of drug, alcohol and other substances in its area; and (c) re-offending in its area. Subsections (9) to (11) add a fourth requirement on these bodies to exercise their various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that they can reasonably do, to prevent and reduce serious violence in their areas.

Section 21: Amendment to the Police and Justice Act 2006

This section amends section 19 of the Police and Justice Act 2006. Section 19 requires every local authority to have a crime and disorder committee. The crime and disorder committee has powers to oversee the work of ‘responsible authorities’ – that is, the members of a CSP. In particular, crime and disorder committees have powers in connection with the work of the local CSP to address local crime and disorder matters under section 19. As the law stands, there are two statutory local crime and disorder matters, namely: (a) crime and disorder (including forms of crime and disorder that involve anti-social behaviour or other behaviour adversely affecting the local environment); and (b) the misuse of drugs, alcohol and other substances. This Section adds a third statutory local crime and disorder matter, namely serious violence, within the meaning of the 1998 Act (as amended by section 20).

Section 22: Regulations

This Section makes further provision in respect of the powers to make regulations under Chapter 1 of Part 2, including specifying the level of parliamentary scrutiny for each power. In particular, subsection (3) provides that the Secretary of State must consult 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).

Section 23: Index of defined expressions

This Section contains an index of expressions used in Chapter 1 of Part 2 and signposts the definitions of those expressions.

Chapter 2: Offensive Weapons Homicide Reviews

Section 24: Duty to arrange a review

This Section places a duty on "relevant review partners" to conduct offensive weapons homicide reviews in certain circumstances.
Subsection (1) provides for a review to be arranged by the relevant review partners in certain cases. Review partners are defined in section 25(2) as a chief officer of police for a police area in England and Wales; a local authority in England and Wales, a clinical commissioning group (in relation to England); or a local health board (in relation to Wales). Section 25 makes provision about relevant review partners.
A review must be arranged if a death was, or is likely to have been, a qualifying homicide (defined by subsection (6)); the death occurred, or is likely to have occurred, in England and Wales; such other conditions as the Secretary of State may specify in regulations (for example, the circumstances of or relating to the death); and the review partners are the relevant review partners in respect of the death.
Subsection (6) defines a qualifying homicide as being where the person who died was aged 18 or over, and the death, or the events surrounding the death, involved the use of an offensive weapon, as defined by subsection (8). Homicide is not defined for the purposes of this Chapter, and the reference to that term is not limited to cases where an offence has been committed, for example, a case where a person is attacked by another with a knife, but also covers cases where an offence may not have been committed, for example, where an individual while acting in self defence, kills their attacker using an offensive weapon. By referencing ‘the events surrounding’ the homicide, an offensive weapon homicide review could be conducted if an offensive weapon was involved in the homicide, though may not have been the decisive factor in the death; for example, if a victim was stabbed with a knife, but subsequently died from being strangled.
Conditions which may be specified in regulations under subsection (1)(c) may include conditions relating to the circumstances of or relating to the death, the circumstances or history of the victim or of other persons. Such conditions would be intended to provide that reviews are only conducted in cases where lessons might be learned from any institutional or local points of failure, or where a review might assist in understanding the local or national threat from serious violence.
Subsections (2) to (5) provide that the duty to arrange an offensive weapons homicide review does not apply where the death may be subject to an existing review, as set out in section 26, or where an offensive weapons homicide review has already been started or taken place; and that the duty to arrange an offensive weapons homicide review ceases to apply if, on further information a review partner considers the conditions in subsection (1) are no longer satisfied; however subsection (4) provides that where a review has already started it cannot be discontinued if further information indicates a change in which review partners are the relevant review partners.
Subsection (7) enables the Secretary of State, by regulations, to amend the definition of a qualifying homicide, and to make such consequential amendments to this Chapter as appear appropriate to reflect any alteration in the definition of a qualifying homicide. This power would allow homicides that do not involve offensive weapons to be included in future.

Section 25: Relevant review partners

This section provides the Secretary of State with a power to make regulations for identifying which review partners are the relevant review partners in respect of a death.
The regulations may provide that the relevant review partners in respect of any person’s death consist of a chief officer of police for a police area in England or Wales of a specified description, a local authority, or authorities where a district council is within the area of a county council of a specified description, and a clinical commissioning group or a local health board of a specified description; and may provide for the description of the relevant review partners to be specified by reference to the place where the death occurred or is likely to have occurred, or by reference to other matters. The regulations may also provide for review partners to agree which of them are the relevant review partners (in cases where review partners from more than one area may be relevant) and for the Secretary of State to direct which review partners are the relevant review partners in particular cases.

Section 26: Relationship with other review requirements

This section and section 24(2) disapply the duty in section 24(1) to arrange a review in certain cases.
Subsections (1) and (3) disapply the duty if the death is one that must or may be subject to a child death review in England (see sections 16M(1)(and (2) of the Children Act 2004), may be subject to a domestic homicide review in England or Wales (see section 9 of the Domestic Violence, Crime and Victims Act 2004), may or must be subject to a safeguarding adults review in England (see section 44(1)(and (4) of the Care Act 2014), or if regulations under section 135(4)(a) of the Social Services and Well-being (Wales) Act 2014 require a Safeguarding Board to review the death of a child or adult.
Subsection (2) provides that the Secretary of State may make regulations to disapply the duty to arrange an offensive weapons homicide review in the case of a death which may or must be investigated by NHS bodies (in England, as defined in section 36(1)) where a death was caused by persons who are receiving or have received any health services relating to mental health. Subsection (4) provides an equivalent power to make regulations to disapply the duty to arrange an offensive weapons homicide review in respect of a death caused by a person who is receiving or has received any mental health services in Wales 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.

Section 27: Notification of Secretary of State

This Section provides for the Secretary of State to receive a notification from a review partner if they become aware of qualifying circumstances in relation to a persons death, which include they are the likely relevant review partners.
Subsection (1) provides that notification must be either that the review partner is under a duty to arrange an offensive weapons homicide review, that the review partner is not under that duty, or that the review partner has not been able to take a decision as to whether they are under that duty. By virtue of subsection (7) a review partner becomes aware of qualifying circumstances when they become aware of such facts as make it likely that the conditions in section 24(1)(a) (that the death was, or is likely to have been, a qualifying homicide) and section 24(1)(b) (the death occurred, or is likely to have occurred, in England or Wales) are satisfied in relation to the death, and they are one of the relevant review partners in respect of the death. Subsection (2) provides that the duty to notify does not, however, apply if when they become aware of qualifying circumstances, they are also aware that no duty to arrange a review arises because a review has already started or is taking place (see section 24(5)) or the death falls within a review set out in section 26.
Subsection (8) provides that the notification to be made to the Secretary of State within one month of a review partner becoming so aware. Such a requirement is intended to ensure that consideration of whether a review is required begins promptly, in order that lessons and recommendations can be identified and acted upon quickly.
It is recognised that in some cases it may not be possible to make a decision within one month, for example, in relation to whether a death meets the definition of a qualifying homicide, it may take time to verify the use of an offensive weapon. In such cases subsection (3) requires that the Secretary of State is notified once a decision has been made. Subsections (4) to (6) require additional notifications to be made to the Secretary of State in certain circumstances where a decision previously notified is reconsidered.

Section 28: Conduct of review

Subsections (1) and (2) place a duty on the review partners that arranged a review to cooperate in and contribute to the conduct of a review and set out the purpose of such a review, namely to identify lessons learned and consider whether anyone should take actions in the light of such lessons.
Subsection (3) places a duty on the review partners to inform any individual or organisation of any actions that it would be appropriate for them to take in light of lessons learned. This might include recommendations directed to, but not limited to, the Government, the police including British Transport Police, probation services, local agencies and social services, hospitals, GPs or third-sector organisations.
Subsections (4) to (8) relate to the requirement to produce a report on the review which is to be sent to the Secretary of State. The report must include the findings of the review, any conclusions drawn and recommendations in light of those findings and conclusions including any actions that it would be appropriate to take. The report must not include any material that might jeopordise the safety of any person, or prejudice the investigation or prosecution of an offence. The Secretary of State must consider if it is appropriate to publish the full report, and if so must publish, or make arrangements for the publication of, the report. If it is considered inappropriate to publish the full report, the Secretary of State must publish, or make arrangements for the publication of, so much of the report as the Secretary of State considers appropriate to publish, allowing the redaction of any sensitive information prior to publication, for example, relating to individuals involved in the death.

Section 29: Information

The purpose of offensive weapons homicide reviews is to ensure that review partners consider the circumstances that led to a homicide and identify lessons learnt, opportunities to intervene and inform responses to tackle serious violence and homicide. Conducting the reviews therefore requires the collection and processing of information relevant to the circumstances of the death being reviewed, for example information about the person who died and their circumstances, and information about a person who caused, or is likely to have caused the death and their circumstances.
Subsection (1) provides that a review partner may request a person to provide information to them, or to any of the other review partners. Subsections (2) to (4) provide that such a request may only be made if it is made for the purpose of enabling or assisting the performance of functions conferred by sections 24 to 28 (including considering whether or not to establish a review) and that the recipient of the request is, due to their functions or activities, considered by the review partner to be likely to have information that would enable or assist the performance of those functions. Other individuals or organisations that may have relevant information could include, but is not limited to, British Transport Police, probation services, schools, universities, colleges, GP practices, hospitals and third-sector organisations.
Subsections (5) and (6) place a legal requirement on any person receiving a request under this Section to provide the information requested. This requirement may be enforced by the review partner making an application to the Hight Court or the county court for an injunction.
Subsection (7) provides review partners with a power to share information with another review partner if that information is shared for the purpose of enabling or assisting the performance of functions under sections 24 to 28. This ensures review partners are able to share either information they already hold, or information they receive via a request made under subsection (1) with other review partners for those purposes.

Section 30: Information: supplementary

As per paragraph 413, the collection and analysis of information relevant to the death will be essential in learning lessons to prevent future deaths. This section makes supplementary provision in relation to the disclosure of information. Subsection (1) provides that a person cannot be required by section 29 to disclose information they could not be compelled to disclose in proceedings before the High Court, meaning information that is subject to legal professional privilege cannot be required to be disclosed.
Subsections (2) and (3) provide that a disclosure of information required or authorised by sections 27 to 29 (being information contained in notifications to the Secretary of State, contained in the report of the review, and information disclosed under section 29) does not breach any obligation of confidence owed by the person making the disclosure, or any other restriction on the disclosure of information, but sections 27 to 29 do not require or authorise a disclosure that would contravene the data protection legislation (as defined in subsection (5)) or that is prohibited by any parts of Part 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016. Subsection (4) provides that this information sharing gateway does not otherwise affect any existing powers or duties of review partners to disclose information.

Section 31: Delegating functions

Subsections (1) and (2) provide a power for the Secretary of State to make regulations enabling the relevant review partners to act jointly to delegate one or more of the functions specified in the regulations (which may be some or all of a review partners functions under sections 28 and 29 relating to a review or a report on the review) to either one of themselves, or another person. Such regulations could enable relevant review partners to decide one review partner or one individual should conduct the review and / or author the report on behalf of all the relevant review partners.
Subsections (3) and (4) provide a further power for the Secretary of State to make regulations enabling a county council and a district council for an area that is within the area of the county council, to agree to delegate one or all of the functions specified in the regulations (which may be some or all of the functions of a review partner under sections 24 to 29) to one of them. Such regulations could enable county and district councils for the same area to agree that one acts on behalf of the other in respect of one or more of the functions of a review partner in sections 24 to 29.

Section 32: Guidance

Subsection (1) places a duty on review partners to have regard to guidance issued by the Secretary of State when carrying out their functions under this Chapter. The guidance will, amongst other things, cover the notification requirements, the conduct of reviews, the content of the report, and information sharing.
Subsection (2) places a duty on the Secretary of State to consult those appearing to represent review partners, the Welsh Ministers so far as the guidance relates to a devolved Welsh authority, and any other person the Secretary of State considers appropriate. Subsection (3) also places a duty on the Secretary of State to lay a copy of the guidance before Parliament.

Section 33: Power to pay grant: local health boards

This section applies the power to pay a grant under section 31(2) to (5) of the Local Government Act 2003 in relation to local health boards in Wales, and enables a Minister of the Crown to pay a grant to local health boards in Wales in relation to expenditure incurred or to be incurred by those local health boards in the exercise of their functions under this Chapter. This section only provides for a power to pay a grant to local health boards as existing provisions, such as the power to make grants under section 31 of the Local Government Act 2003, and provision under the National Health Service Act 2006 can already be relied upon to pay grants in relation to expenditure incurred or to be incurred in the exercise of functions under this Chapter by a chief officer of police for a police area in England and Wales; a local authority in England and Wales and a clinical commissioning group.

Section 34: Piloting

This section makes provision for two conditions which must be met before the provisions relating to offensive weapons homicide reviews can be brought fully into force across the whole of England and Wales for all purposes. Firstly, offensive weapons homicide reviews must be piloted in one or more area in England and Wales or for one or more specified purposes; and secondly, the Secretary of State must lay a report before Parliament on the operation of the pilot. The pilot can be for a specified period and may by regulations be extended for a further specified period.

Section 35: Regulations

This section makes further provision in respect of the powers to make regulations under this Chapter, including specifying the parliamentary procedure for such regulations.

Section 36: Interpretation

Subsection (1) defines the terms used throughout this Chapter.
Subsections (2) and (3) confers a power on the Secretary of State, by regulations, to amend the definition of a "review partner" and to make such consequential amendments to this Chapter as appear to be appropriate as a result of the inclusion of a new review partner or removal of an existing review partner. Before making such regulations the Secretary of State must consult representatives of review partners, as well as Welsh Ministers so far as the proposed regulations relate to a devolved Welsh authority, and any other person the Secretary of State considers appropriate.

Chapter 3: Extraction of information from electronic devices

Section 37: Extraction of information from electronic devices: investigations of crime etc.

Subsection (1) provides that an authorised person can extract information stored on an "electronic device" if three conditions are met. First, that the device has been provided voluntarily by a user of the device, and, second, that that user has given their agreement for information stored on the device to be extracted, third that an authorised person must reasonably believe that information stored on an electronic device is relevant to a reasonable line of enquiry.
Subsection (2) sets out the purposes for which the power in subsection (1) can be used, namely the prevention, detection, investigation or prosecution of crime; helping to locate a missing person; or protecting a child or at-risk adult (as defined in subsection (4)) from neglect or harm. So far as the first of these purposes goes, an example is where a victim of a crime has kept texts on their mobile phone which may have a bearing on the investigation of the offence. If the victim voluntarily provides their mobile phone to the police and gives their agreement for the extraction of information from the phone, the police can use this power to review the text messages during the criminal investigation (provided the other provisions of section 37 are adhered to).
Subsection (3) makes clear that ‘crime’ means conduct which amounts to a criminal offence in a part of the UK or conduct which, had it taken place in a part of the UK, would have amounted to an offence there. This allows the power to be exercised further to the receipt of mutual legal assistance requests from overseas (provided the conduct in question would have constituted an offence in the UK, had it taken place here).
Subsection (5) sets out conditions which must be satisfied for an authorised person to extract information from an electronic device under subsection (1). Subsection (5)(a) describes that if exercising the powers for the purpose of the prevention, detection, investigation, or prosecution of a crime the authorised person must reasonably believe that information on the device is relevant to a reasonable line of enquiry. Subsection (5)(b) applies where an authorised person is exercising the powers for the purpose of helping to locate a missing person or protecting a child or at-risk adult from neglect or harm and specifies that the powers may only be exercised if the authorised person reasonably believes that information stored on the device will be relevant to that purpose. Subsection (5)(c) confirms that in all cases where an authorised person seeks to use these powers they must also be satisfied that extraction of that information is necessary and proportionate to achieve the purpose.
Subsection (7) applies where the authorised person thinks there is a risk of obtaining information in excess of that which is required for the purposes of subsection (2) or section 41(2). In such a case, in order to be satisfied that extraction is proportionate, the authorised person must be satisfied that there are no other ways of obtaining the required information which avoid that risk or, if there are, that it is not reasonably practicable to rely on them. This means that, for example, a police constable should not use this power to extract video evidence from a witness’s digital device if there is a risk of extracting other information and it is possible and practical to obtain the same video evidence another way which doesn’t carry that risk. There may be instances where the information required exists elsewhere, such as in CCTV, but it is not reasonably practicable to obtain it, as doing so would take an excessive amount of time. The authorised person must demonstrate that these issues and alternatives for obtaining the information have been considered before undertaking the extraction activity.
Subsection (8) is intended to ensure that authorised persons have due regard for confidential information (that is, legally privileged information, journalistic material and other protected material, as defined in Section 43) in the course of exercising these powers. Confidential information includes categories of information that carry inherent sensitivity and so are subject to certain protections. These include information subject to legal privilege, journalistic material, certain personal records such as medical documents and material acquired as part of a trade deal.
Subsection (9), similar to (7), sets out that before exercising the power, where they consider there is a risk of obtaining confidential information in the exercise of the powers, the authorised person must be satisfied that the use of the power remains proportionate. That is, that there are no other means of obtaining the information sought, and if there are, it is not reasonably practicable to use them. In addition, however, in order to be satisfied that the use of the power is proportionate, the authorised person must, under subsection (10), have regard to the potential amount of confidential information likely to be held on the device, and also its potential relevance to purpose within section 37(2), or 41(2) (i.e. the purposes with regard to which the power can be exercised – the prevention, detection, investigation or prosecution crime; to help locate a missing person or to protect a child or at-risk adult). Authorised persons will need to make this separate assessment with regard to confidential information in cases involving devices owned by individuals who have since died, as well as devices owned or used by individuals without capacity.
Subsection (11) requires authorised persons to have regard to the code of practice issued by the Secretary of State under section 41 when exercising, and when considering whether to exercise, the power in subsection (1).
Subsection (12) provides that the power conferred by subsection (1) is without prejudice to other statutory or common law powers to extract information or to seize any item or information – for example, the general powers of seizure conferred by section 19 of PACE, exercisable where a constable is lawfully on any premises (this provision allows the constable to seize anything on the premises if the constable has reasonable grounds for believing it is evidence relating to an offence and it is necessary to seize it in order to prevent the evidence being concealed etc).
Subsection (13) defines various terms used in this Chapter, including:
- "adult" is a person aged 18 or over
- "authorised person", which means a police constable or other law enforcement agency/officer listed in Schedule 3;
- "information", which includes photographs and video or sound recordings;
- "electronic device", which means any device, such as a mobile phone, on which information is capable of being stored electronically (and includes a component part of such a device);
- "user", which means an individual who ordinarily uses a device (who may not necessarily be the owner of the device or the person in whose name a contract with a telecommunications service provider is held). Typically, for the purposes of this power, the user will be the victim or witness of a crime which is being investigated by the police or other authorised person.

Section 38: Application of section 37 to children and adults without capacity

Subsections (1) and (6) set out that children and adults without capacity, respectively, are not capable of deciding whether to provide a device or agree to the extraction of information from it, for the purposes of the power in section 37.
A child is defined as a person aged under 18 (see section 37(13)). Section 38(10) defines ‘adult without capacity’ by reference to the Mental Capacity Act 2005 (for England and Wales), the Adults with Incapacity (Scotland) Act 2000 and the Mental Capacity Act (Northern Ireland) 2016.
In cases where a user of an electronic device is a child or an adult without capacity, another specified person may provide the device and give their agreement to the extraction of information from it.
In the case of a child, subsection (3) sets out that the people who may provide the device and give agreement to the extraction of information from it are a parent or guardian of the child (or, if the child is in care, a person representing the authority who has care of the child), or (if no such person is available) another responsible person aged 18 or over. The authorised person must, so far as it is reasonably practicable to do so, ascertain the views of the child and, taking into account the age and maturity of the child, have regard to those views.
In the case of an adult without capacity, subsection (8) sets out that the people who may provide the device and give agreement to the extraction of information from it a parent or guardian of the person (or, if the person is in care, a person representing the authority who has care of the person), a registered social worker, a person who has power of attorney which is wide enough to cover these matters, a person authorised under an intervention order whose authorisation covers such matters or (if none of those people is available) another responsible person aged 18 or over.
Subsection (11) defines terms relevant for these purposes (e.g. "registered social worker").

Section 39: Requirements for voluntary provision and agreement

This section defines the conditions that must be met for an individual to be treated as having voluntarily provided a device and agreeing to the extraction of information from it.
Subsection (2) states that an authorised person must not have placed any undue pressure on the individual to volunteer the device and agree to the extraction of information from it. This is a safeguard to ensure that a condition of voluntary provision and agreement is that it is not following coercion by the authorised person.
Subsection (3) details the information that an authorised person must provide to an individual, in writing. This includes:
1. Description of the information sought – for example a copy of an image or messages between the device owner and a suspect;
2. Reason why that information is sought – for example the reasonable line of enquiry it relates to how the authorised person reasonably believes it will assist the purpose for which the powers are being exercised such as locating a missing person;
3. How the information will be dealt with once it has been extracted, for example, relevant information may be disclosed to the Crown Prosecution Service;
4. Stating that the individual may refuse to provide the device and agree to the extraction of information from it;
5. Stating that, if they do decide not to volunteer the device and give agreement this does not automatically result in the closure of the investigation or enquiry.
The conditions at (d) and (e) require the individual to have been informed that they can choose not to provide their device or agree to the extraction of information and second, the fact that they have made any such decision would not be a reason for ending any investigation or enquiry. Subsection (4) confirms that the individual should provide this agreement in writing and subsection (5) that alternatives must be arranged if the individual is unable to confirm agreement in writing due to a physical impairment or lack of literacy skills. In those circumstances agreement should be given orally and confirmation recorded in writing by the authorised person. Subsection (6) provides that that the individual must get a copy of the agreement in writing either in hard copy or electronically. This ensures that they have a record of the decision to volunteer a device and agree to the extraction of information from it.

Section 40: Application of section 37 where user has died etc.

Subsection (1) sets out that in three special cases an authorised person may exercise the power in section 37 to extract information from a device even though a user has not voluntarily handed over the device or agreed to extraction.
The first case is where a user is deceased (subsection (2)).
The second case is where a user is a child or adult without capacity, and the authorised person believes their life is at risk or there is a serious risk of harm to them (subsection (3)).
The third case is where a user is missing, and the authorised person believes their life is at risk or there is a serious risk of harm to them (subsection (4)).
In these cases, there is no requirement on the police or other authorised person to obtain the agreement of the deceased’s next of kin or user’s parent, guardian etc., albeit that the police or other authorised person may inform the next of kin or parent, guardian etc. that they are in possession of the device and have extracted information from it for the purposes of a criminal investigation or another purpose specified in section 37(2).

Section 41: Extraction of information from electronic devices: investigations of death

Subsection (1) provides that an authorised person may extract information from an electronic device if a user of that device has died. Subsections (2) and (3) set out that this power may only be used for the purposes of an investigation or inquest into the person’s death, or determining whether such an investigation or inquest should be held.
The police assist coroners and the Lord Advocate in gathering evidence to determine who has died, where, by what cause and when. A device such as a mobile phone may contain evidence that assists in answering those questions, for example it may have relevant internet search history that assists in determining if suicide was likely or may contain a communication sent to another party such as a suicide note which narrows the time of death.
Subsection (4)(a) sets out the equivalent provisions to sections 37(5)(b) that the powers may only be exercised if the authorised person reasonably believes that information stored on the device will be relevant to the purpose in subsection (2) and subsection (4)(b) sets out the equivalent to section 37(5)(c) that they also be satisfied that extraction of that information is necessary and proportionate to achieve the purpose.
Subsection (6) applies where the authorised person thinks there is a risk of obtaining information in excess of that which is required for the purposes of subsection (2) or section 37(2). Subsection (6) sets out the equivalent provisions to section 37(7) that in order to be satisfied that extraction is proportionate, the authorised person must be satisfied that there are no other ways of obtaining the required information which avoid that risk or, if there are, that it is not reasonably practicable to rely on them.
Subsections (8) and (9) sets out equivalent provisions to sections 37(9) and (10) – in effect, the obligations to consider the risk of a device containing confidential information and the steps that must be taken to ensure use of the powers is proportionate with regard to such information. These obligations are the same as those set out in Section 37(9) and (10) but here apply where the information is sought for the purpose of the investigation of death.

Section 42: Code of practice about the extraction of information

Subsection (1) imposes a requirement on the Secretary of State to prepare a code of practice which provides guidance on the exercise of the powers in sections 37(1) and 41(1). The code will give practical guidance to authorised persons on how and when it is appropriate to use the powers. This will ensure they exercise their functions in accordance with the law. The code will ensure a greater understanding on the use of the powers and their application in real life.
Subsection (2) specifies that the code may make different provisions for different purposes or areas. The powers can be exercised by a number of different bodies (as detailed in Schedule 3) and across all parts of the UK and this subsection ensures that the code can contain guidance specific to the uses of the powers by different bodies or areas if required.
Subsection (2) requires the Secretary of State to consult with the Information Commissioner, the Scottish Ministers, the Department of Justice in Northern Ireland, the Commissioner for Victims and Witnesses and the Domestic Abuse Commissioner and Commissioner for Victims and Survivors Northern Ireland (and such other persons as the Secretary of State thinks appropriate) in preparing the code.
Subsections (3) to (9) set out the process for issuing the code of practice. Subsection (6) allows the Secretary of State to revise the code of practice from time to time. For example, as the needs of society and the law could change in the future, the code can be revised to remain relevant and applicable for the exercise of this power.

Section 43: Confidential Information

Section 43 defines ‘confidential information’ for the purposes of Chapter 3 of Part 2.

Section 44 and Schedule 3: Authorised persons

Section 44 and Schedule 3 define "authorised persons" for the purposes of Chapter 3 of Part 2. The list of authorised persons set out in Schedule 3 covers law enforcement agencies and certain regulatory bodies. The Schedule recognises that an authorised person may contract with another person (for example, a forensic science provider) to extract information from an electronic device on their behalf.
Schedule 3 is split into three parts, recognising the different responsibilities of the various bodies:
- The persons listed in Part 1 of the Schedule may exercise the power under section 37(1) for all the purposes listed in subsection (2) of that section, and the power in section 41(1).
- The persons listed in Part 2 of the Schedule may exercise the power in section 37(1) for all the purposes listed in subsection (2) of that section. They may not exercise the power in section 41(1).
- Lastly, the persons listed in Part 3 of the Schedule may only exercise the power in section 37(1) for the purposes of preventing, detecting, investigating or prosecuting crime. They may not exercise that power for other purposes or the power in section 41(1)

Subsections (4) and (5) confer a power on the Secretary of State, by regulations, to amend Schedule 3, including by adding or removing persons to/from the list.
Subsection (6) requires the Secretary of State to consult Scottish Ministers before making changes to Schedule 3 to add, rename or remove a body that has functions that are within legislative competence of the Scottish Parliament.
Subsection (7) requires the Secretary of State to consult the Department of Justice in Northern Ireland before making changes to Schedule 3 to add, rename or remove a body that has functions that are within legislative competence of the Northern Ireland Assembly.

Chapter 4: Other provisions

Section 45 and Schedule 4: Pre-charge bail

This section introduces Schedule 4 which amends provisions in the Police and Criminal Evidence Act 1984 ("PACE"), the Bail Act 1976 and the Criminal Justice Act 2003 relating to pre-charge bail. The amendments relate to the granting of pre-charge bail and the factors to be taken into account when doing so. These amendments also introduce a duty to seek views of alleged victims regarding the imposition or variation of pre-charge bail conditions and the nature of these conditions. Section 45 and Schedule 4 also includes amendments to the time limits and levels of authorisation of pre-charge bail and the effect on the maximum detention period under Part 4 of PACE where a person is arrested for breach of bail conditions or failure to answer bail, as well as introducing a power for the College of Policing to issue statutory guidance relating to pre-charge bail.
Subsection (3) provides that the changes made by Schedule 4 only apply to persons arrested after the commencement of these provisions. Where a person is arrested under section 46A of PACE, for failure to answer bail, these amendments only apply to that person if they were arrested after the commencement of these provisions for the offence for which they were originally released on bail. These amendments also only apply to a person arrested under section 24A of the Criminal Justice Act 2003 (failure to comply with conditional caution) if the person was arrested after the commencement of these amendments for the offence in respect of which the caution was given.

Part 1 of Schedule 4: Grant of pre-charge bail

Part 1 of Schedule 4 aims to remove the perceived presumption against bail introduced by the Policing and Crime Act 2017 and amends that construction where it appears across a range of circumstances involving the imposition of pre -charge bail. Paragraph 2 of Schedule 4 amends section 30A of PACE which confers on a constable power to release on bail a person who is arrested elsewhere than at a police station, also known as ‘street bail’. The effect of section 30A(1) currently in force is to provide for a presumption that, where a constable decides that it is appropriate to release an arrested person rather than take them to a police station, that release will be without bail, unless the requirements in section 30A(1A) are met. Those requirements are that the constable is satisfied that the release on bail is necessary and proportionate in all the circumstances (having regard, in particular, to any bail conditions that would be imposed) and bail is authorised by a police officer of the rank of inspector or above). Paragraph 2 amends section 30A to remove the presumption against pre-charge bail. This is replaced by a neutral position, with no presumption for or against pre-charge bail. The aim of this change, as well as the equivalent changes (below) to Part IV of PACE, is to remove the suggestion that the default position is to release a person before charge without bail and to encourage the use of pre-charge bail, where it is necessary and proportionate in all the circumstances. This aims to ensure that protection is afforded to victims and witnesses by the safeguards associated with pre-charge bail, particularly bail with conditions. Paragraph 2 also amends section 30A to enable a custody officer to authorise the initial release of a person on street bail (rather than an officer of at least the rank of inspector or above). This change reflects the level of expertise and knowledge held by custody officers and the operational realities of investigations.
Paragraph 3 removes the presumption against pre-charge bail in section 34 of PACE. Section 34 deals with the release of a person from police detention. Where the custody officer determines that the conditions in section 34(5A) are met, which include the pre-conditions for bail under section 50A of PACE (mirroring the necessary and proportionate criteria in section 30A(1A)), the person must be released on bail under the amended section 34(5). Where the conditions in section 34(5A) do not apply, the person must be released without bail under new section 34(5AA).
Paragraph 4 amends section 36 of PACE which deals with custody officers at police stations. This change takes into account the amendment of the rank of officer authorising the initial release of a person on street bail from an officer of the rank of inspector or above to custody officer in section 30A, ensuring that reference made to a custody officer in section 30A(1A)(b) also includes a reference to an officer other than a custody officer who is performing the functions of a custody officer, by virtue of section 36(4). This aims to provide flexibility to a constable when locating a custody officer for the purpose of obtaining authorisation to a release on bail under section 30A(1A).
Paragraph 5 removes the presumption against pre-charge bail in section 37 of PACE. Section 37 deals with the duties of the custody officer before charge. Where the custody officer determines that there is insufficient evidence to charge and the pre-conditions for bail are satisfied, they must release on bail under the amended section 37(2) subject to section 37(3). Where the custody officer determines that there is insufficient evidence to charge and the pre-conditions are not satisfied, they must release without bail under new section 37(2A), again subject to section 37(3). Equivalent changes have been made to section 37(7) which sets out the options available to a custody officer where the custody officer determines they have sufficient evidence to charge an individual for the offence for which they were arrested.
Paragraph 6 removes the presumption against pre-charge bail in section 37CA of PACE which applied where a person is released on bail under the amended section 37(7)(b) or 37CA(2)(b) and then arrested under section 46A of PACE. If the person is to be released without charge (to note, the option to charge is provided in section 37CA(2)(a), which remains unchanged), the amended section 37CA(2)(b) requires the person to be released on bail if the pre-conditions for bail are met. Where the pre-conditions for bail are not met (and the person is not charged under section 37CA(2)(a)), the person must be released without bail under new section 37CA(2)(c).
Paragraph 7 makes a consequential change to section 37D(4A) of PACE.
Paragraph 8 removes the presumption against pre-charge bail in section 41 of PACE. Section 41 imposes for limits on the time in which a person can be detained without charge. This is (subject to certain exceptions) 24 hours, which is calculated from a point known in PACE as the "relevant time" (normally, the time at which the person arrives at the first police station to which they are taken after their arrest). A person who has been in detention for 24 hours after the "relevant time" and who has not been charged must be released (unless further detention is authorised or permitted under subsequent provisions of PACE). This paragraph amends section 41(7) to provide that a person who has spent 24 hours in police detention and has not been charged must be released on bail under section 41(7)(a) if the pre-conditions are met and without bail under section 41(7)(b) if the pre-conditions are not met.
Paragraph 9 removes the presumption against pre-charge bail in section 42 of PACE which provides for the continued detention of a person for up to 36 hours from the relevant time on the authorisation of an officer of the rank of superintendent or above. This paragraph amends section 42(10) to provide that, where a person has been detained for up to 36 hours from the relevant time and has not been charged, they must be released on bail under new section 42(10)(a), subject to section 42(10A), if the pre-conditions are met and without bail under new section 42(10)(b), subject to section 42(10A) if the pre-conditions are not met.
Paragraph 10 removes the presumption against pre-charge bail in section 43 of PACE, which deals with warrants of further detention. Section 43 is amended to provide that where an application to a magistrates’ court for a warrant of further detention (for up to 72 hours from the "relevant time") has been refused, the person to whom the application relates must, unless charged, be released on bail under new section 43(15)(a) if the pre-conditions are met and without bail under new section 43(15)(b) if the pre-conditions are not met. Similarly, where a warrant of further detention is issued by a magistrates’ court, the person to whom the warrant relates must, unless charged, be released from police detention on or before the expiry of the warrant on bail under new section 43(18)(a) where the pre-conditions are met and without bail under new section 43(18)(b) where the pre-conditions are not met.
Paragraph 11 removes the presumption against pre-charge bail in section 44 of PACE, which relates to the extension of warrants of further detention. Section 44, as amended, provides that, where an application for a warrant of further detention (for up to 96 hours from the relevant time) has been refused by a magistrates’ court, the person to whom the application relates must, unless charged, be released on bail under new section 44(7)(a) where the pre-conditions are met and without bail under new section 44(7)(b) where the pre-conditions are not met.
Paragraph 12 make consequential changes to section 47ZC of PACE which sets out the four conditions that must be met for extension of the time limits on bail (the "applicable bail period") to be authorised under sections 47ZD to 47ZG of PACE.
Paragraph 13 amends section 50A of PACE, which defines the pre-conditions for bail under Part 4 of PACE, to enable a custody officer to authorise the initial release of a person on bail (rather than an officer of at least the rank of inspector or above). This change reflects the level of expertise and knowledge held by custody officers and the operational realities of investigations.
Section 24A of the Criminal Justice Act 2003 confers on a constable power to arrest a person without warrant where the constable has reasonable grounds for believing that the person has failed, without reasonable excuse, to comply with any of the conditions attached to a conditional caution. Paragraph 15 removes the current presumption against pre-charge bail in section 24A(2) and creates a neutral position on the granting of pre-charge bail. If a person is released without charge and the release is to enable a charging decision to be made, such a person must be released on bail under new section 24A(2)(b) where the pre-conditions are met and without bail under new section 24A(2)(c) if the conditions in section 24A(2)(b) are not met.
Paragraph 16 makes consequential changes to section 24B of the Criminal Justice Act 2003.

Part 2 of Schedule 4: risk factors

Part 2 of Schedule 4 inserts new provisions into sections 30A and 50A of PACE, which introduce a set of risk factors to which constables (in the case of "street bail" under section 30A of PACE) and custody officers (under Part IV of PACE) must have regard in determining whether releasing a person on bail is necessary and proportionate in all the circumstances. This set of factors streamlines and introduces some more consistency into the application of the "necessary and proportionate" test, helping to ensure that suspects are released on bail where appropriate. These provisions include, amongst other factors, the need to safeguard victims of crime and witnesses, as well as the need to prevent offending.

Part 3 of Schedule 4: duty to seek views

Part 3 provides further protection to alleged victims of an offence by conferring a duty on persons in charge of the investigation of an offence to seek an alleged victim’s views (or those of their representative in a case of a vulnerable alleged victim) where reasonably practicable to do so regarding the imposition and variation of a suspect’s bail conditions and the nature of those conditions. When such conditions have been imposed or varied, a separate duty is conferred on those persons to notify the alleged victim of those conditions/that variation. Paragraph 19 amends section 3A of the Bail Act 1976 by signposting the duty to notify alleged victims where bail has been granted, or conditions imposed on bail varied, under Part 4 of PACE.
Paragraph 21 of Schedule 4 amends section 30CA of PACE to establish a duty to seek views of alleged victims where a person is released on "street bail" under section 30A of PACE. Where a person has requested that a relevant officer vary their pre-charge bail conditions under section 30CA, these provisions insert a new subsection (4A), which requires a person in charge of the investigation of an offence (the "investigating officer") , if it is reasonably practicable to do so, to seek the views of the alleged victim of the relevant offence (defined in new section 30CA(5) of PACE) on whether any of a person’s relevant bail conditions should be varied and, if so, what that variation should comprise of. The fact that this duty must be adhered to where reasonably practicable aims to provide investigating officers with operational flexibility, helping to mitigate the risks of the duty impacting significantly on the time taken to release a suspect on bail. "Relevant conditions", under new section 30CA(5) is limited to conditions relating to the safeguarding of the alleged victim, to help ensure that this duty is proportionate and that victims’ views are sought only in relation to conditions relevant to their particular safeguarding needs. New section 30CA(4B) confers a separate duty on an investigating officer to inform the relevant officer, defined in new section 30CA(5), of any views obtained, ensuring that any information provided by the alleged victim is fed back to the officer with the power to vary. Under new section 30CA(4C), if the conditions are varied, the investigating officer must notify the alleged victim of that variation, again where reasonably practicable to do so. New section 30CA(4D) sets out how the person in charge of the investigation should discharge this notification duty where the alleged victim is a vulnerable person. New section 30CA(6) defines the term "alleged victim". New section 30CA(7) sets out the circumstances in which an alleged victim may be considered vulnerable.
Paragraph 22 inserts new section 47ZZA into PACE. As set out in new section 47ZZA(2) this imposes a duty to, where reasonably practicable, seek views from alleged victims on whether relevant conditions should be imposed on the release of a person on pre-charge bail under Part 4 of PACE (except under sections 37C(2)(b)) and, if so, the nature of those conditions. A duty is not imposed on the investigating officer to seek views as to whether to release a suspect on bail as the constable/custody officer where relevant is required to consider the full range of circumstances in determining whether the pre-conditions for bail are met, not just the views of an alleged victim. Under new section 47ZZA(1), this duty will apply where a person has been arrested for an offence and a custody officer proposes to release the person on bail. Release on bail under section 37C(2)(b) or section 37CA(2)(b) of PACE is not subject to this duty, given that release on bail under these provisions must be with the same conditions as those originally imposed. There is therefore no need to notify the alleged victim of these conditions again.
Under new section 47ZZA(3), the definition of "relevant condition" mirrors that under the new section 30CA(5) and is included for the same safeguarding reasons as under that provision. Under new section 47ZZA(4) , as with the amendments to section 30CA, a duty is imposed on the investigating officer to inform the custody officer, being the person with power to release a person on bail, of any views obtained from the alleged victim. Under new section 47ZZA(5), where the individual is released on conditional bail, the investigating officer must inform the alleged victim of these conditions, where reasonably practicable. New section 47ZZA(6) sets out how this duty may be discharged where the alleged victim is a vulnerable person.
New sections 47ZZA(7) to (10) impose an equivalent duty on the investigating officer where a person requests to vary their bail conditions under section 3A(8) of the Bail Act 1976. New section 47ZZA(8) requires the investigating officer to, where reasonably practicable, seek the views of the alleged victim in the same way as under section 30CA, that is regarding whether any of the relevant conditions should be varied and, if so, what variations should be made. Under new section 47ZZA(9), the investigating officer must inform the custody officer of any views obtained. Under new section 47ZZA(10), where the conditions have been varied, the investigating officer must notify the alleged victim of that variation, where reasonably practicable. New section 47ZZA(11) sets out how the person in charge of the investigation should discharge this notification duty where the alleged victim is a vulnerable person. New section 47ZZA(12) defines the "investigating officer". New section 47ZZA(13) defines the term "alleged victim". New section 47ZZA(14) sets out the circumstances in which an alleged victim may be considered vulnerable.
Paragraph 23 makes consequential amendment to section 24B of the CJA 2003 which deals with the application of PACE provisions to arrest for failure to comply with conditions of a conditional caution under section 24A of the CJA 2003. Currently, section 30CA of PACE applies to a person arrested under section 24A; this amendment ensures that the new duty to seek the views of the alleged victim will not apply to an arrest under section 24A.

Part 4 of Schedule 4: limits on periods of bail without charge

Part 4 of Schedule 4 extends the initial period for which a person may be released on bail before charge (the "applicable bail period") and the subsequent extensions of that period. Currently, all cases other than Serious Fraud Office ("SFO") cases (known as "standard cases") are afforded an initial bail period of 28 days. These cases are known as "standard cases". SFO cases are afforded a longer applicable bail period – three months - owing to the complex nature of these cases. These cases are known as "non-standard cases". The new provisions extend the initial bail period for "standard cases" from 28 days to three months, and for non-standard cases from three months to six months. These provisions are intended to reflect more accurately the time periods required to investigate different types of cases, and to ensure that bail periods are consistent with the operational realities of conducting an investigation.
Consultation responses indicated that cases involving other agencies, namely Her Majesty’s Revenue and Customs ("HMRC"), the Financial Conduct Authority ("FCA") and National Crime Agency ("NCA"), also tend to be complex in nature and tend to take considerably longer to investigate than more "standard cases", in the same manner as SFO cases. Part 4 of Schedule 4 therefore provides for a longer initial bail period to be granted for these agencies, as well as the SFO.
In addition, these provisions mean that standard cases, with a new initial bail period of three months, can be subject to two further extensions (the first extension being from three months to six months from the bail start date and the second extension being from six months to nine months from the bail start date) by the police before coming before a magistrates’ court. Standard cases which are designated as exceptionally complex (which necessarily will have already been subject to the second extension above), or non-standard cases can be extended to up to 12 months from the bail start date before coming before a magistrates’ court.
Paragraph 25 amends section 30B(8) of PACE to amend the time limit for "street bail", granted under section 30A of PACE. The initial bail period for street bail is amended from 28 days to three months from the day after the person’s arrest.
Paragraph 26 of Schedule 4 amended section 47ZB of PACE which currently sets out that the initial bail period is three months from the bail start date for SFO cases, or 28 days from the bail start date in all other (that is, standard) cases (a person’s bail start date is the day after the day on which the person was arrested for the relevant offence, under section 47ZB(4)(a)). The longer initial bail period for SFO cases recognises that such cases have added complexity and therefore take longer to investigate and reach a charging decision. The changes made by paragraph 26 are two-fold. First, they extend the initial bail period for standard cases from 28 days from the bail start date to three months from the bail start date. Second, they expand upon the categories of non-standard cases to which an extended initial bail period applies. In addition to SFO cases, the extended initial bail period applies to FCA cases, NCA cases and HMRC cases. In such cases the initial bail period is six months from the bail start date. The extension of the longer initial bail period for FCA, NCA, HMRC and SFO cases recognises the increased level of complexity and longer investigation times of these cases. Section 47ZB(4) includes amended definitions of an "FCA case" and an "SFO case" and inserts definitions of an "HMRC case" and "NCA case". This enables these cases to be determined as such where the relevant offence is being investigated by that authority and is confirmed by a member of that agency on whom power is conferred to do so, as listed in the amended subsection (4). Confirmation can be given in an SFO case, HMRC case or NCA case by any member of the SFO, officer of HMRC or NCA as the case may be, and in an FCA case by a member of staff of the FCA who has been designated for this purpose.
Paragraph 27 amends section 47ZC of PACE, which sets out the four conditions that a decision-maker, defined under that section, must be satisfied are met before authorising the extension of a person’s applicable bail period under section 47ZD to 47ZG. This Part amends the ranks of officer who may authorise the extension of a person’s applicable bail period, in order to reflect operational realities and ensure each extension process is proportionate. The amended section 47ZC(6)(a) provides that the decision-maker for an extension in standard cases (dealt with under section 47ZD) is a relevant officer instead of a senior officer. The relevant officer for the purposes of section 47ZD is an officer of the rank of inspector or above, rather than an officer of the rank of superintendent or above, as previously. New section 47ZC(6)(aa) provides that the decision-maker for a second extension of bail in standard cases (under section 47ZDA) is a senior officer (that is, an officer of the rank of superintendent or above). These changes ensure that officers of the most senior ranks are only called upon at the more advanced stages of a case. New section 47ZC(6)(ab) provides that the appropriate decision-maker (see new section 47ZDB(6) as inserted by paragraph 29 of Schedule 4) in non-standard cases must be satisfied that the conditions are met before authorising an extension of the applicable bail period in those cases. Paragraph 27(c) amends section 47ZC(6)(b) to provide that designated cases can only be designated as such by a "qualifying police officer", rather than "appropriate decision maker". This is owing to the change to authorisations in non-standard cases at section 47ZDB; these (as below) can be extended to up to 12 months from the bail start date, with no requirement for these cases to be designated as exceptionally complex before an extension is granted. This, as below, takes into account the already complex nature, and longer investigation times, of these cases.
Paragraph 28 amends section 47ZD of PACE to enable a relevant officer, once satisfied that the conditions in section 47ZC are met, to authorise an extension of the applicable bail period in standard cases from three months to six months from the bail start date. The relevant officer must also arrange for the person or their legal representative to be invited to make representations and must consider any that are made before making a decision. The person (or their representative) must be informed of the outcome. "Relevant officer" is defined at new section 47ZD(6) as an officer of the rank of inspector or above.
Paragraph 29 inserted new sections 47ZDA and 47ZDB into PACE. New section 47ZDA creates an additional bail extension point for standard cases and enables a senior officer (defined as a police officer of a rank of superintendent or above) to authorise a further extension of the applicable bail period in standard cases where the conditions A to D set out in section 47ZC are met. The applicable bail period can be extended under this provision from six months to nine months from the bail start date. As with section 47ZD, the senior officer authorising the extension must arrange for the person or their legal representative to be invited to make representations and must consider any that are made before making a decision. The person (or their representative) must be informed of the outcome.
New section 47ZDB creates an extension point for non-standard cases and enables the appropriate decision-maker within the agencies listed at section 47ZB to authorise an extension of the applicable bail period where conditions A to D set out in section 47ZC are met. The appropriate decision-maker in an FCA case is a member of staff of the FCA designated as such by the Chief Executive of that Authority, an officer of the grade equivalent to superintendent or above in a HMRC case, an NCA officer of the rank equivalent to that of superintendent or above in an NCA case, and a member of the SFO who is of the Senior Civil Service in an SFO case. These authorisation levels reconcile with the equivalent ranks of police officer required to authorise extensions of the applicable bail period in standard cases beyond six months. The applicable bail period can be extended under this provision from six months to 12 months from the bail start date. As with sections 47ZD and 47ZDA, the appropriate decision-maker must arrange for the person or their legal representative to be invited to make representations and must consider any that are made before making a decision. The person (or their representative) must be informed of the outcome.
Paragraph 30 amends section 47ZE of PACE which currently provides for an exception to the general position that the extension of the applicable bail period beyond three months from the bail start date must be authorised by a magistrates’ court. The amendments remove references to the SFO and the FCA as extensions involving these agencies are addressed in new section 47ZDB. Section 47ZE, as amended, is only concerned with cases that have been granted an extension under new section 47ZDA (i.e. standard cases which have been extended to nine months from the bail start date by a senior officer). Where a case has been designated as being exceptionally complex, a qualifying police officer (defined as a police officer of at least the rank of assistant chief constable (or Commander in the Metropolitan or City of London forces)) may extend the applicable bail period to twelve months from the bail start date where they are satisfied that conditions A to D in section 47ZC are met. The qualifying police officer must consult the Director of Public Prosecutions before authorising an extension under section 47ZE(5). As with an extension under section 47ZD and new sections 47ZDA and 47ZDB, the qualifying police officer must consider representations from the person (or their legal representative) before reaching a decision and must arrange for the person to be informed of the decision.
Paragraph 31 amends section 47ZF of PACE to deal with extensions to the applicable bail period by a magistrates’ court. These changes aim to free up court resources by ensuring that a court is involved in the pre-charge bail process for the lengthiest, most complex investigations, whilst also ensuring judicial oversight is available in such cases. These changes also continue to distinguish between the complexity of standard and non-standard cases upon these cases reaching a court. Changes reflect that extensions by the court can only be authorised in cases which fall under new sections 47ZDA (i.e. cases which have been extended by a senior officer to nine months from the bail start date), section 47ZDB (i.e. non-standard cases which have been extended by the appropriate decision-maker to twelve months from the bail start date) , or under section 47ZE (i.e. exceptionally complex cases extended by a qualifying police officer to 12 months from the bail start date). A magistrates’ court can authorise an extension of the applicable bail period to 12 months from the bail start date for cases which fall within new section 47ZDA or 18 months from the bail start date for cases which fall within new section 47ZDB or section 47ZE, provided that conditions B to D in section 47ZC are met. If a case falls within section 47ZF(7), for example where the further investigations to be made are likely to take more than 12 months in a standard case or more than 18 months in a designated or non-standard case, bail can be extended to 18 months from the bail start date if it falls within new section 47ZDA or 24 months from the bail start date if it falls within new section 47ZDB or section 47ZE provided that conditions B to D in section 47ZC are met. Qualifying applicants are able to apply to the court for such extensions to the applicable bail period – section 47ZF is also amended to enable an officer from HMRC or the NCA to be a qualifying applicant.
Paragraph 32 amends section 47ZI of PACE which provides detail on the procedures to be followed by a magistrates’ court in matters falling under sections 47ZF, 47ZG and 47ZH. Applications to extend bail under sections 47ZF and 47ZG are, subject to sections 47ZI(2) and (3), determined by a single justice of the peace on the basis of written evidence only. Section 47ZI(2), as amended, reflects the wider changes made to the applicable bail period and extensions of this to enable a single justice of the peace to require an oral hearing where a person’s applicable bail period would be extended to a point at or before 24 months (currently 12 months) from the bail start date and the single justice considers it in the interests of justice to require an oral hearing. Section 47ZI(3), as amended, enables an oral hearing to be required where the application would result in a person’s applicable bail period being extended beyond 24 months and either party has requested a hearing.
Paragraph 33 amends section 47ZM of PACE to reflect the new applicable bail period for ‘street bail’ granted under section 30A of PACE which is three months from the bail start date rather than 28 days.
The changes to the applicable bail period and authorisation levels made by Part 4 of Schedule 4 are set out in tabular form at Annex B to these explanatory notes.

Part 5 of Schedule 4: police detention after arrest for breach of pre-charge bail etc.

Part 5 makes changes to the operation of the "detention clock" in relation to an arrest for failure to answer bail or for breach of bail conditions under section 46A of PACE. Section 41 of PACE provides that a person shall not be kept in police detention for more than 24 hours without being charged (a period commonly referred to as the "detention clock"). The release of a person on bail suspends this "detention clock". The arrest of a person for breach of bail conditions re-starts this clock. Part 5 of Schedule 4 amends section 47 of PACE (bail after arrest), providing that the "detention clock" shall be suspended for three hours from a person’s arrival at a police station where they are arrested for failure to attend a police station or breach of their bail conditions under section 46A of PACE. This is designed to ensure that the detention clock is not run down as a result of an individual repeatedly breaching bail conditions, helping to ensure that the time taken to deal with the arrest does not have a detrimental impact on future time that may be required to, for instance, interview the suspect. Paragraph 35 amends section 41 of PACE to signpost section 47 of PACE, as amended by Part 5.

Part 6 of Schedule 4: guidance on pre-charge bail

Part 6 of Schedule 4 inserts new section 50B into PACE. New section 50B(1) creates a new power for the College of Policing to issue statutory guidance on pre-charge bail granted to a person under Part 3 or Part 4 of PACE. Statutory guidance is being developed to underpin the pre-charge bail regime and ensure greater consistency across forces in how the regime is applied. As set out in new section 50B(2), the guidance will cover but is not be limited to the exercise of powers to release a person on pre-charge bail; the exercise of powers to impose or vary conditions of pre-charge bail; the exercise of powers to arrest a person- for failing to answer pre-charge bail, or for breaching any conditions of pre-charge bail; the exercise of powers to extend the period of pre-charge bail; and the duty to seek the views of alleged victims about conditions of pre-charge bail. The College of Policing must receive the Secretary of State’s approval to issue the guidance and the guidance may be revised in part or in full, again with the approval of the Secretary of State, as set out in new section 50B(3).
New section 50B(4) and (5) set out the requirements as to how guidance under section 50B must be issued. The College of Policing must consult with persons representing the view of local policing bodies; the National Police Chiefs’ Council and any other persons the College believes should be consulted. The Secretary of State must lay before Parliament any guidance issued or revised under this power.
Subsections (6)-(8) of section 50B require persons exercising functions relating to pre-charge bail to have regard to the guidance, with a carve-out for members of the above-named agencies to ensure that this guidance does not apply to them. The application of the guidance is deliberately not limited to constables or police officers in order to take into account the number of civilian police staff exercising functions relating to pre-charge bail. Where a person does not comply with the guidance on pre-charge bail, this will not, in and of itself, render them liable to any criminal or civil proceedings. The guidance will be admissible in any criminal or civil proceedings and a court may take into account a failure to comply with the guidance.

Section 46: Arranging or facilitating commission of a child sex offence

Section 14 of the 2003 Act provides for the preparatory offence of arranging or facilitating the commission of a child sexual offence. It effectively criminalises acts preparatory to the substantive offences provided for in sections 9 to 13 of the 2003 Act (including the offences of sexual activity with a child and inciting a child to engage in such activity). Subsection (2) of section 46 extends the section 14 offence so that it also covers acts preparatory to the offences in sections 5 to 8 of the 2003 Act, namely rape of a child under 13, assault of a child under 13 by penetration, sexual assault of a child under 13, and causing or inciting a child under 13 to engage in sexual activity.
Subsection (3) amends the maximum penalty for the section 14 offence, currently 14 years’ imprisonment on conviction on indictment. The effect of the amendment is that the maximum penalty will be aligned with that for the substantive offence in respect of which the section 14 offence of arranging or facilitating has been committed. For example, if an individual arranges or facilitates the rape of a child under 13 (section 5 of the 2003 Act), the maximum penalty for the section 14 offence would be life imprisonment to match that for the section 5 offence.

Section 47: Positions of trust

Subsection (2) inserts a new section 22A into the 2003 Act and subsection (3) makes a consequential amendment section 138(2) of that Act.
New section 22A(1) sets out the circumstances in which person (A) will be in a position of trust in relation to person (B) for the purposes of section 16 to 19 the 2003 Act, namely, that person A must coach, teach, train, supervise or instruct person B on a regular basis in a sport or a religion.
New section 22A(1)(b) sets out a requirement that person A must have knowledge that they meet the requirements set out in section 22A(1)(a) in relation to person B.
New section 22A(2) defines what "sport" and "religion" includes for the purposes of section 22(A)(1). ‘Sport’ is defined as including "any game in which physical skill is the predominant factor, and any form of physical recreation which is also engaged in for purposes of competition or display"; and ‘religion’ is defined as including any religion "which involves belief in more than one god", including any religion that has a belief in one god, or any religion "which does not involve belief in a god".
New section 22A(3) makes clear that a person is not in a position of trust where a person (A) is already considered to be in a position of trust in relation to another person (B) by virtue of circumstances within section 21 of the 2003 Act.
New section 22A(4) provides for a delegated power by which the Secretary of State may, by way of secondary legislation, add or remove an activity in which a person may be coached, taught, trained, supervised or instructed. Any such change would be made by way of regulations subject to the affirmative procedure in accordance with section 138(2) of the 2003 Act.

Section 48: Voyeurism: breast-feeding

Section 48 adds to the voyeurism offences in section 67A of the 2003 Act.
Subsection (2) inserts new subsections (2A) and (2B) into section 67A which provide for two new offences.
New section 67A(2A)(a) states that it will be an offence if a person (A) operates equipment under certain circumstances.
New section 67A(2A)(b) gives the required intention for this offence: that A or a third party (C) will observe, for a particular purpose, another person (B) whilst they are breast-feeding a child.
New section 67A(2A)(b) also sets out that the purposes referred to are those set out in the existing section 67A(3), namely to obtain sexual gratification or to humiliate, alarm or distress the person who is breastfeeding.
New section 67A(2A)(c) sets out a requirement that person A must act without B’s consent or without a reasonable belief that B consents to the actions described in new section 67A(2A)(a) and (b).
New section 67A(2B)(a) states that it will be an offence if a person (A) records an image of another (B) whilst they are breast-feeding a child.
New section 67A(2B)(b) gives the required intention for this offence: that A or a third party (C) will observe, for a particular purpose, B.
New section 67A(2B)(b) also sets out that the purposes referred to are those set out in the existing section 67A(3).
New section 67A(2B)(c) sets out a requirement that person A must act without B’s consent or without a reasonable belief that B consents to the actions described in new section 67A(2B)(a) and (b).
Subsection (3) makes a consequential amendment to section 67A(3).
Subsection (4) inserts new subsections (3A) and (3B) into section 67A to clarify the language used in new subsections (2A) and (2B).
New section 67A(3A)(a) and (b) state that any references to breast-feeding a child include rearranging B’s clothing whilst preparing to breastfeed or having just finished breast-feeding the child.
New section 67A(3B)(a) and (b) set out that it is irrelevant whether B is in a public place or whether B’s breasts are exposed whilst breast-feeding the child for the purposes of new subsections (2A) and (2B).
New section 67A(3B)(c)(i) and (ii) clarify that it is irrelevant which parts of B’s body are, or are intended to be visible in the recorded image, or are intended to be observed for the purposes of new subsections (2A) and (2B).
The penalty for these new offences is as set out in the existing section 67A(4) and (5) which provides that on summary conviction imprisonment shall not exceed 6 months (rising to 12 months when paragraph 24(2) of Schedule 22 to the Code is commenced), or an unlimited fine, or both, and on indictment, imprisonment shall not exceed 2 years.

Section 49: Time limit for prosecution of common assault or battery in domestic abuse cases

Section 49 inserts a new section 39A into the Criminal Justice Act 1988 to extend the time limit to bring a prosecution for common assault or battery where the alleged behaviour amounts to domestic abuse as defined in section 1 of the Domestic Abuse Act 2021.
Under new section 39A(2) to (4), the time limit to commence a prosecution is extended to any time which is both within six months of an offence being formally reported to the police through either a witness statement made with a view to its possible use as evidence in proceedings or a video recording made with a view to its possible use as evidence in chief, and within two years of the alleged offence occurring. The current time limit of six months from the date of the offence, set out in section 127 of the 1980 Act, is disapplied by new section 39A(5)
New section 39A(7) provides that this provision does not have retrospective effect, and that it will not apply in relation to offences alleged to have been committed before the section is commenced.

Section 50: Criminal damage to memorials: mode of trial

This section amends section 22 and paragraph 1 of Schedule 2 to the 1980 Act to ensure that where criminal damage is caused to a memorial, courts can sentence appropriately and reflect the true level of harm and culpability and thereby address the concern around the current limits on mode of trial and sentencing.
Subsection (1) amends paragraph 1 of Schedule 2 to the 1980 Act with the effect that an offence under section 1 of the Criminal Damage Act 1971 which is committed by destroying or damaging a memorial ("a memorial offence") is not a scheduled offence for the purposes of sections 22 and 33 of the 1980 Act.
Subsection (2) inserts the new subsections (11A), (11B), (11C) and (11D) into section 22 of the 1980 Act which define a "memorial" to include buildings, other structures, moveable objects, gardens or other things planted or grown on land. This Section also set out that memorials should have a commemorative purpose such as to commemorate individual(s), animal(s) or event(s).
Subsection (3) provides that the amendments do not apply in relation to offences committed before it comes into force.
Destruction or damage to memorials continues to include acts of desecration as was the position in law prior to the amendments made to section 22 and paragraph 1 of Schedule 2 to the 1980 Act. Whether or not a memorial has in fact been destroyed or damaged will, if necessary, remain a matter for determination by the court.

Section 51 and Schedule 5: Overseas production orders

This Section gives effect to Schedule 5 which makes amendments to the COPO Act.
Section 3 of the COPO Act sets out the scope of applications for overseas production orders and of the orders themselves in relation to material that can and cannot be specified or described in the application or order, by defining "electronic data" and "excepted electronic data" and related terms. Paragraph 2 of Schedule 5 amends the definitions of "electronic data" and "excepted electronic data". The new definitions allow communications data which "is comprised in, included as part of, attached to or logically associated" with stored electronic data to be included in an application for an overseas production order. Such communications data (information on who sent an electronic communication, when and to whom) is necessary to provide the electronic content data (pictures, communication content) with the context required to allow it to be used effectively as evidence.
The practical effect is to enable law enforcement officers and prosecutors to make a request for the relevant associated and connected communications data, as defined in section 3 of the COPO Act as amended by this paragraph, together with the specified and described electronic content data sought through an overseas production order.
Paragraph 2(3) ensures that an application for an overseas production order cannot be made only for communications data or for excepted electronic data.
Paragraph 3 amends section 5 of the COPO Act which sets out what an overseas production order must or must not contain, in terms of specifying the electronic data that is to be produced, or to which access is to be given, where the judge is satisfied that, based on the application before them, an order should be made.
Section 5(3) of the COPO Act provides that a judge, when making an overseas production order, must only include electronic data that meets the requirements of the legal tests as set out in section 4 of the COPO Act. Where only part of the data sought satisfies those requirements the judge cannot specify or describe in the order any reference to electronic data that does not meet the requirements of that section. Section 4(5) sets out the requirement that all or part of the evidence is likely to be of substantial value. Section 4(7) sets out a further requirement that all or part of the evidence is in the public interest to be produced or accessed. The amendment made to section 5(3) by this paragraph requires that section 4(6) also be considered. Section 4(6) requires that there are reasonable grounds for believing that all or part of the electronic data specified or described in the application for the order is likely to be relevant evidence in respect of the offence to which the application relates.
Paragraph 4 amends section 9 of the COPO Act which provides that the only person who may serve an overseas production order is the Secretary of State, in respect of an order made in England, Wales or Northern Ireland, or the Lord Advocate, in relation to an order made in Scotland. The amendment enables the Secretary of State or the Lord Advocate, as the case may be, to delegate the service of an overseas production order to a person prescribed in regulations made by the Secretary of State or the Lord Advocate as appropriate. Section 9 provides that an order can only be served on a service provider by a relevant person (the Secretary of State, Lord Advocate or prescribed person) if that person considers that to do so is compliant with the applicable international cooperation arrangement designated under the COPO Act. This operational agility to delegate the service of overseas production orders to a prescribed person ensures for example that this function can be discharged by a body which has the appropriate infrastructure and controls in place to be able to securely transmit requests and receive data from service providers based overseas.
Paragraph 5 makes consequential amendments to section 14 of the COPO Act as a result of the amendments to section 9 made by paragraph 4 of Schedule 5. Section 14 of the COPO Act sets out how an overseas production order, notice of an application, and any other documents made by a court relating to an overseas production order can be served on a person. The effect of the amendments is to allow persons designated by the Secretary of State or the Lord Advocate to comply with the provisions of the Act in relation to the service of an overseas production order.
Paragraph 6 amends section 15 of the COPO Act which enables a judge advocate to make an overseas production order on an application by a member of a service police force, for the purposes of investigating or prosecuting certain offences within the service jurisdiction. The amendments to section 15 are consequential on the amendments made in paragraphs 4 and 5 of Schedule 5 enabling the Secretary of State or Lord Advocate to delegate the service of an overseas production order to a prescribed person.
Paragraph 7 makes consequential amendments to section 17 of the COPO Act, which sets out the parliamentary procedure in relation to regulations legislation made under the Act. These amendments provide that any regulations made under the regulation-making powers provided for in new sections 9(5) and 14(6) of the COPO Act are subject to the negative procedure.

Section 52: Power to photograph certain persons at a police station

Section 64A of PACE confers a power on the police to take photographs from a person who has been detained in a police station and/or arrested. If a person is arrested, charged or convicted without a photograph being taken, there is no power to require them to attend a police station later for this to be done, although there is such a "recall" power in Schedule 2A to PACE relating to taking of fingerprints and DNA samples. More suspects are now interviewed voluntarily in the first instance and then arrested, or charged later, so the absence of a recall power increasingly means that photographs of suspects and offenders are not taken. This may make it more difficult to detect crimes the person may have committed in the past or may commit in the future.
Subsection (2) amends the existing power to take photographs in section 64A of PACE by inserting new subsections (1C) to (1M) into that section. New section 64A(1C) confers a power to photograph certain persons at a police station. New section 64A(1D) to (1M) set out the circumstances in which that power may be exercised.
New section 64A(1C) provides that the power only applies if there is no power to photograph the person under existing section 64A (1) or (1A), so that the powers do not overlap.
New section 64A(1D) provides that the power applies where the individual in question has been arrested for a recordable offence and released, charged with a recordable offence or informed they will be reported for such an offence and where they meet the requirements in the new section 64A(1E). New section 64A(1E) provides the power applies where the person has not been photographed in the course of the investigation, or where a photograph taken is unavailable (i.e. where it is lost or destroyed) or inadequate (i.e. where it is unclear, incomplete or no longer an accurate representation) and it is considered that a further photograph is required to assist in the prevention or detection of crime. This is similar to existing provisions relating to fingerprints in section 49 of PACE.
New section 64A(1F) and (1G) provide that the power applies where the individual in question has been convicted of a recordable offence or given a caution relating to a recordable offence, and they meet the requirements in the new section 64A(1G). The conditions in the new section 64A(1G) provide that the power applies where the person has not been photographed since they were convicted or cautioned, where a photograph taken is unavailable or inadequate and it is considered a further photo is needed to assist in the prevention and detection of crime. This is similar to existing provisions relating to fingerprints in section 61 of PACE.
New section 64A(1H) and (1I) apply where the person has been convicted in a jurisdiction outside England and Wales and where the act constituting the offence would also constitute a "qualifying offence" in England and Wales as defined in section 65A(1) (i.e. a serious offence, generally sexual and violent offences). This also mirrors comparable existing provisions relating to fingerprints in section 61 of PACE. New section 64A(1I) provides that, as with new section 64A(1F) and (1H), this power applies if the person has not been photographed already or if they have, but the photograph is unavailable or inadequate, and it is considered a new photo is necessary to assist in the prevention or detection of crime.
New section 64A(1J) provides that the authorisation of an inspector is required before taking a photograph of a person falling within new section 64A(1G) or (1I). New section 64A(1K) provides that the officer must be satisfied taking is necessary to assist in the prevention or detection of crime. These also mirror comparable existing provisions relating to fingerprints in section 61 of PACE.
New section 64A(1L) defines the meaning of ‘unavailable’ and ‘inadequate’.
Subsections (3) to (8) extend the recall power in Schedule 2A to PACE to cover photographs. Subsection (4) amends the title of Schedule 2A to cover photographs.
Subsection (5) adds a new Part 3A to Schedule 2A (comprising paragraphs 14A to 14E), following on from the existing Parts 1, 2, and 3, which deal with fingerprints, intimate samples, and non-intimate samples (in practice, these are almost always DNA samples) respectively. These provisions mirror those in the existing provisions relating to fingerprints and non-intimate samples.
New paragraph 14A of Schedule 2A imposes a six-month time limit on when people falling within section 64(1D)(a) (i.e. those arrested and released, charged etc.) can be required to attend a police station to be photographed.
New paragraph 14B of Schedule 2A imposes a six-month time limit on when people falling within section 64A(1D)(b) or (c) can be required to attend a police station to be photographed.
New paragraph 14C of Schedule 2A imposes a two-year time limit on when people falling within section 64(1F) (i.e. those convicted or cautioned) can be required to attend a police station to be photographed.
New paragraph 14D of Schedule 2A applies the power to persons convicted outside England and Wales.
New paragraph 14E of Schedule 2A imposes restrictions on multiple exercises of the power in relation to the same offence. A person cannot be recalled for a third or subsequent occasion without the recall being authorised by an officer of at least the rank of inspector.
Subsections (6) to (8) make other consequential amendments to Schedule 2A to reflect the fact that the Schedule now deals with the taking of photographs as well as fingerprints and samples.

Section 53: Power to specify date of attendance at police station for fingerprinting etc.

People who are arrested and taken to a custody suite can have fingerprints, DNA samples and a photograph taken straight away. If this is not done, there is a recall power to require those who have been arrested, charged or convicted to attend a police station so that their fingerprints and DNA sample can be taken (but not photographs – this is addressed by section 52 as described above). Currently, the person can be required to attend a police station at a particular time but not a particular day, only any day within a seven-day period. Police forces find this makes the power difficult to use, as they cannot deploy an officer or staff member to take the biometrics at a specific time. In practice, this results in opportunities to take fingerprints, DNA or photographs being missed. This means that opportunities may be missed to detect crimes the person may have committed in the past or may commit in the future.
This section amends paragraph 16 of Schedule 2A of PACE to allow the police to specify the date and time (or times) of attendance.

Section 54: PACE etc powers for food crime officers

This section allows the Secretary of State to apply, by regulations, certain powers available to the police to food crime officers of the Food Standards Agency ("FSA") for their use in relation to their investigations of offences, including into serious fraud and related activity in the food supply chain, and enables Independent Office for Police Conduct oversight of food crime officers’ use of these powers.
Subsection (1) inserts a new section 114C into PACE allowing the Secretary of State to apply, by regulations, any provisions of PACE which relate to investigations of offences conducted by the police to food crime officers, with any modification necessary (new section 114C(2)). It defines a food crime officer as an officer of the FSA who is acting for the purposes of the performance by the FSA of its functions under the Food Standards Act 1999 or any other enactment (including functions relating to the investigation of offences) and is authorised by the Secretary of State for the purposes of new section 114C. It sets out that this regulation-making power applies to investigations of offences committed, or suspected of having been committed, before the provisions of this Act came into force, and that the regulations applying the provisions of PACE will be made by statutory instrument subject to the negative procedure. Further, it clarifies that such regulations may make different provision for different purposes, consequential, supplementary, incidental, transitional, transitory or saving provision.
Subsection (2) inserts a new section 39A into the 1994 Act allowing the Secretary of State, by regulations, to apply any provision of section 36 or 37 of that Act that applies in relation to a constable to food crime officers as defined in new section 114C of PACE, with any modifications. It sets out that the regulations cannot apply any provision of section 36 or 37 in relation to a failure or refusal which took place before the regulations come into force, and that the regulations will be made by statutory instrument subject to the negative procedure. Sections 36 and 37 of the 1994 Act make provision for courts to draw adverse inference where an accused person fails or refuses to account for objects, substances or marks on their person, on their clothing or footwear, otherwise in their possession, or in the place they are in at the time of their arrest or fails or refuses to account for their presence at a particular place.
Subsection (3) inserts a new section 25A into the Food Standards Act 1999 to make it an offence for a person to obstruct a food crime officer who is exercising their functions under PACE, the maximum penalty for which is an unlimited fine or imprisonment of up to three months or both.
Subsection (4) amends the Police Reform Act 2002 to enable oversight by the Independent Office for Police Conduct ("IOPC") over food crime officers’ exercise of police powers. It inserts new section 26E in that Act which allows the Secretary of State to make regulations conferring functions on the Director General of the IOPC in relation to food crime officers exercising functions conferred on them by new section 114C of PACE and new section 39A of the 1994 Act, including provision for the FSA to make payment to the IOPC. It also allows for the IOPC and Parliamentary Commissioner for Administration to jointly investigate food crime officers and for food crime officers, the IOPC and Parliamentary Commissioner for Administration to disclose information as part of any complaints procedure.
Subsection (5) sets out that the amendments in subsections (1) to (3) and any subsequent regulations made under subsections (1) and (2) bind the Crown.
Subsection (6) clarifies that a contravention of new section 25A of the Food Standards Act 1999 by the Crown would not make the Crown criminally liable, but that the High Court may declare any act or omission of the Crown which constitutes such a contravention to be unlawful.
Subsection (7) clarifies further that new section 25A of the Food Standards Act 1999 applies to persons in the public service of the Crown as it applies to other persons.
Subsection (8) allows the Secretary of State to certify that any powers of entry conferred by regulations made under new section 114C of PACE should not be exercisable in relation to any Crown premises in the interests of national security.
Subsection (9) defines "Crown premises" as premises held or used by or on behalf of the Crown.
Subsection (10) clarifies that these provisions do not affect Her Majesty in her private capacity.

Section 55: Entry and search of premises for human remains or material relating to human remains

The purpose of sections 55 to 57 is to help the police to locate human remains in situations where it is not currently possible to do so. This legislation enables a justice of the peace, on an application by a constable, to issue a search warrant or production order with a view to facilitating access to material and information that may indicate the location of a deceased person’s body or remains (provided certain conditions are met).
Significantly, the exercise of this power is not dependent on a belief that an indictable offence has been committed, nor that the information in question would likely comprise admissible evidence to support a subsequent prosecution, as currently required when applying for search warrants and production orders. These provisions are designed to provide closure to families, and to enable lawful and proper disposal of human remains. The sections mirror, as far as is possible, provisions for obtaining search warrants and production orders within PACE.
Section 55 enables a justice of the peace in England and Wales to issue a search warrant, on an application by a constable, authorising an officer to enter and search premises (subsection (1)) if the following conditions are met:
- that there are reasonable grounds for believing that the premises contain relevant human remains or material that may relate to the location of relevant human remains (subsection (2));
- that there are reasonable grounds for believing that the material does not consist of or include items subject to legal privilege, excluded material, or special procedure material (subsection (3)); and
- in respect of each set of premises set out in the application, it is not practicable to speak to a person entitled to either grant entry to the premises or access to the material; that entry will not be granted without a warrant being produced or that there is a risk that, unless a constable can gain immediate access to the premises, the purpose of the search will be frustrated or seriously prejudiced (subsection (4)). This could cover a situation, for example, where there is a concern that, in the absence of a warrant, the material in question might be destroyed or removed.

Subsection (5) provides that the application may refer either to one or more sets of specified premises (a "specific premises warrant") or any premises occupied or controlled by a specified person (an "all premises warrant").
Subsection (6) provides that if the application is for an all premises warrant then the justice of the peace must, in addition to the conditions at subsections (2) to (4), be satisfied 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; and that it is not reasonably practicable to specify all the premises occupied or controlled by that person which might need to be searched.
Subsection (7) provides that, if the justice of the peace is satisfied that it is necessary to fulfil the purpose of the search, the warrant may grant access to given premises on multiple occasions. Under subsection (8), if a warrant authorises multiple entries, its terms can limit those entries to a maximum number or can permit an unlimited number of entries.
Subsection (9) provides that police may seize and retain anything found under the search warrant authorised under subsection (1) and, if necessary, to use reasonable force to execute a warrant.
Subsection (10) provides that the power to issue a warrant under this section is in addition to any other existing power to issue a search warrant. Subsection (11) defines the term "relevant human remains" for the purposes of these provisions (this section, section 56 and Schedule 6). Warrants applied for under this section can only be issued with a view to locating relevant human remains.
Relevant human remains for these purposes is defined as one of three set of circumstances. First, the remains or body of a person who the constable making the application reasonably believes has died in England and Wales but whose death has not been registered under section 15 of the Births and Deaths Registration Act 1953; second, the remains or body of a person whose death has been registered in the absence of a body following an investigation by a coroner under section 1(5) of the Coroners and Justice Act 2009; or third, the body or remains of a person in respect of whom a declaration of presumed death has been made under the Presumption of Death Act 2013.
Subsection (12) provides that certain terms, namely "items subject to legal privilege", "excluded material", "special procedure material" and "premises" used in this section, section 56 and Schedule 6 have the same meaning as in PACE.

Section 56 and Schedule 6: Special procedure for access to material relating to human remains

Section 56 introduces Schedule 6 which allows officers to apply to access excluded material or special procedure material that either constitutes, or relates to the location of, relevant human remains as defined in section 55(11), provided the specified conditions are met.
Section 56(2) makes clear that the position in respect of the cross-border execution of warrants and orders granted under Schedule 1 to PACE (set out in section 4 of the Summary Jurisdiction (Process) Act 1881 in respect of Scotland and section 29 of the Petty Sessions (Ireland) Act 1851 in respect of Northern Ireland) is mirrored in respect of warrants and orders granted under Schedule 6. This provision therefore replicates insofar as possible section 9(2A) of PACE.
Schedule 6 gives a judge the power to issue a production order to grant police officers access to excluded or special procedure material. Paragraph 1(1) of Schedule 6 provides that the judge may make such an order, following an application by a police officer, if the conditions set out at paragraphs 1(2) to (1)(6) of the Schedule are met. Those conditions are:
- that there are reasonable grounds to believe the person specified in the application possesses, or holds on their premises, material that consists of, or is related to, the location of relevant human remains (para 1(2));
- that there are reasonable grounds to believe this material includes, or consists of, excluded material or special procedure material (para 1(3)), but does not include or consist of material subject to legal privilege (para 1(4));
- that other methods of obtaining the material have been tried without success or have not been tried because it appeared that they were bound to fail (para 1(5)) , for example because necessary conditions under other powers have not been met; and
- that it is in the public interest for access to be given to this material, having regard to the need to ensure human remains are found and disposed of lawfully (para 1(6)(a)), for example to enable burial or cremation; and having regard to the circumstances under which the person in possession comes to hold it (para 1(6)(b)).

Paragraph 2 specifies that the effect of an order made under this Schedule is that the person specified in the application must produce it to a constable or grant a constable access to the material before the end of seven days from the date of the order, unless a longer period is specified on the order.
Paragraph 3(a) provides that where an order is made requiring information which is stored electronically to be produced to a constable, it must be produced in a form that can be taken away, and is either visible and legible, or can readily be made so. Under paragraph 3(b), where an order is made requiring access to information stored electronically to be given to a constable, the material must be visible and legible.
Paragraph 4 requires in effect that where a constable has been given access to material under this Schedule, they must follow the provisions in sections 21 and 22 of PACE. In effect this requires a constable, within a reasonable time period, if so requested by the individual appearing to occupy the premises on which the material was held, or to have had custody or control the information or material at the point access was given, to provide that person with a record of what they accessed or took away. Similarly, should such a person or anyone acting on their behalf request access to anything taken away under this Schedule, access will be granted under the supervision of a constable. It makes similar provision where such an individual requests a copy or a photograph of any such material. These are subject to certain conditions.
These provisions also make clear that any information or material taken away under this Schedule can be retained for as long as necessary in all the circumstances, and sets limitations on the purpose for which such information or material can be used.
The requirements for notice of an application for an order under this Schedule are laid out in paragraph 5. If material sought consists of or includes journalistic material then the application must be made inter partes (paragraph 5(1)). Notice of application for an order may be served by delivering it to the relevant individual, leaving it at their proper address or sending it by post (paragraph 5(2)). Notice may also be served to a corporation or partnership and the relevant individuals on whom the notice is to be served and the proper addresses of such persons are set out in paragraph 5(3) and (4).
Once notice has been served on an individual in respect of given material, that person may not hide, destroy, dispose of or alter that material without leave from a judge or written permission from a constable, until such time as the application has either been dismissed or abandoned or the individual in question has complied with the order made in respect of that the application (paragraph 6).
Paragraph 7 provides that failure to comply with an order may be dealt with by a judge as if it were a contempt of court.
Schedule 6 also includes provisions for a judge to issue a warrant authorising officers to enter and search premises for excluded or special procedure material with a view to locating relevant human remains. Paragraph 8(1) provides that a warrant may be issued if the following conditions, set out in paragraphs 8(2) – (4), are met:
- That there are reasonable grounds to believe that there is material on the premises that may consist of human remains or relate to the location of relevant human remains;
- That the conditions set out in paragraphs 1(3) to (6) of Schedule 6 are met in relation to the material in question (paragraph (3)), namely:
  1. that there are reasonable grounds to believe this material includes or consists of excluded material or special procedure material (para 1(3)), but does not include or consist of material subject to legal privilege (paragraph 1(4));
  2. that other methods of obtaining the material have been tried without success or have not been tried because it appeared that they were bound to fail (paragraph 1(5)), for example because necessary conditions under other powers have not been met; and
  3. that it is in the public interest for access to be given to this material having regard to the need to ensure human remains are found and disposed of lawfully (paragraph 1(6)(a)), for example to enable burial or cremation; and to the circumstances under which the person in possession comes to hold it (paragraph 1(6)(b)); and
- That there are reasonable grounds to believe that, in relation to each of the sets of premises specified in the application:
  1. that it is not practicable to communicate with any person entitled to grant entry to the premises; or where communication with such a person is practicable, it is not practicable to communicate with any person entitled to grant access to the material;
  2. that the material is subject to restrictions or a legal obligation of secrecy which are or is likely to be breached if disclosure is made without a warrant being issued; or
  3. that there is a risk the purpose of the search may be seriously prejudiced if notice of an application for an order is given, for example where evidence may be removed or disposed of unless an officer can secure immediate access to it.

Paragraph 8(5) confirms that a search warrant issued under this Schedule may be for specified premises (known as a ‘specific premises warrant’) or all premises owned or occupied by a particular individual (an "all premises warrant").
Paragraph 9 provides that if the application is for an all premises warrant then the judge, in addition to the other conditions set in paragraph 8 of Schedule 6, must also be satisfied 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; and that it is not reasonably practicable to specify all the premises occupied or controlled by that person which might need to be searched.
Paragraph 10 provides that, if the justice of the peace is satisfied that it is necessary to fulfil the purpose of the search, the warrant may grant access to given premises on multiple occasions. If a warrant authorises multiple entries, its terms can limit those entries to a maximum number, or can permit an unlimited number of entries.
Paragraph 11 provides that the police may seize and retain anything for which a search has been authorised under the search warrant and, if necessary, use reasonable force for the execution of the warrant.
Paragraph 12 provides that provision may be made in the Criminal Procedure Rules about proceedings under this Schedule with the exception of proceedings for an order that relates to journalistic material.
Paragraph 13 sets out that the costs of any application, or anything done in pursuance of an order under this Schedule shall be at the discretion of the judge.
Paragraph 14 confirms that in this Schedule ‘journalistic material’ has the same meaning as in section 13 of PACE and specifies that, for these purposes, a judge means a Circuit judge, a qualifying judge advocate (within the meaning of the Senior Courts Act 1981) or a District Judge (Magistrates’ Court).

Section 57: Additional seizure powers

This section amends Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001, to make clear that section 50 of that Act applies to the powers of seizure conferred by section 55 of or Schedule 6 to this Act. This in effect makes provision for seizure, where a constable is on any premises as a result of a warrant or order issued under section 55 or Schedule 6 and finds anything for which they have reasonable grounds to consider they are authorised to search for, but it is not reasonably practicable on particular premises either to determine whether the material or information in question is indeed within scope of the warrant or order; or for something they consider to be within scope to be separated from something else located on the premises.

Section 58: Functions of prison custody officers in relation to live link hearings

Section 58 amends sections 80 and 82 of the Criminal Justice Act 1991 ("the 1991 Act") to enable specially authorised prisoner custody officers (commonly known as PECS officers) to have custody over prisoners in police stations for purposes connected with certain hearings taking place by way of live link, including VRH.
Section 80 of the 1991 Act provides the Secretary of State may make arrangements, including contractual arrangements, for named functions to be performed by prisoner custody officers authorised to do so in accordance with that section. Subsection (3) inserts new section 80(1)(ba) of the 1991 Act which provides for a new function to be performed by PECS. The new function for which arrangements may be made concerns the custody of prisoners at a police station for any purpose connected with the prisoners’ participation in a preliminary, sentencing or enforcement hearing taking place by way of live audio link or live video link. Subsection (4) inserts new section 80(1)(1B) which clarifies that the new function applies whether the hearing is yet to take place, is taking place or has taken place. Subsection (4) amends section 80(4) to provide for the terms "enforcement hearing", "live audio link"," live video link", "preliminary hearing" and "sentencing hearing" to have the meaning given to them in section 56(1) of the Criminal Justice Act 2003, as amended by paragraph 1(6) of Schedule 20.
Section 82 of the 1991 Act sets out the powers and duties of prisoner custody officers acting in pursuit of arrangements made under section 80, which include powers of search and use of reasonable force where necessary. Subsection (7) inserts new subsections (4A) to (4C) into that section. New section 82(4A) provides that section 82(4B) and (4C) apply where an officer is acting pursuant to arrangements at a police station for the purpose of the new function. New section 82(4B) provides that it is the officer’s duty to give effect to, in relation to the prisoner, any order of the Crown Court under section 142 of the Powers of Criminal Courts (Sentencing) Act 2000 (concerning a power of the Crown Court to order a search of a person before it) or any order of a magistrates’ court under section 80 of the 1980 Act (concerning a similar power of a magistrates’ court). New section 82(4C) provides that the fact an officer is exercising, or may exercise, the new function does not prevent a constable from exercising any powers in relation to the prisoner that are otherwise available to the constable.

Section 59: Proceeds of crime: account freezing orders

Section 59 provides for consistency of account freezing and forfeiture provisions across the UK by ensuring that they can be used in respect of accounts maintained with Electronic Money Institutions (such as PayPal) and Payment Institutions (such as Revolut) in Northern Ireland.
Subsection (1) replaces the two separate definitions of "relevant financial institution" in the Proceeds of Crime Act 2002 as they apply to England and Wales and Scotland, and Northern Ireland, and replaces them with a single list.
Subsection (2) ensures that the definition of a "relevant financial institution" applies across the entirety of the Proceeds of Crime Act 2002.
Subsections (3) and (4) amends the Financial Services Act 2021 to remove sections that are now obsolete, in light of the other amendments made in section 59.

Section 60: Code of practice relating to non-Criminal hate incidents

Subsection (1) provides the Home Secretary with a power to publish a Code of Practice about the police’s processing of personal data in non-crime hate incident (NCHI) records.
Subsection (2) defines the term "hate incident". A hate incident is defined as "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 towards someone with a particular characteristic."
Subsection (3) provides that the Code may include provisions on:
- whether and how personal data relating to a hate incident should be recorded;
- who can process this personal data;
- whether and when an individual should be notified that their data will be processed;
- how long this personal data can be retained for; and
- the consideration by relevant police officers and police staff of any request made by those about whom the data relates (e.g. if a subject about whom data is stored makes a request for the data to be corrected or deleted, the Code might address what the police should do in those circumstances).
Subsection (4) provides that where the police are carrying out investigations with a view to there being a prosecution, or where they assess a prosecution is likely, the Code will not apply.
Subsection (5) provides that the Code may cover provisions other than those mentioned above.
Subsection (6) provides that when the Code is in force, relevant individuals involved in the processing of data relating to hate incidents must have regard to the Code.
Subsection (7) provides the definitions of "data subject", "personal data" and "processing" by referring the reader to the Data Protection Act 2018.
Subsection (8) defines "relevant persons", the definition includes police officers, police staff and National Crime Agency officers.

Section 61: Further provision about the code of practice under section 60

Subsection (1) provides for the first edition of the code of practice to be subject to the affirmative procedure.
Subsection (2) enables the Home Secretary to revise and reissue the Code from time to time.
Subsections (3) to (7) provides for the draft negative procedure to apply to any reissue of the code of practice.

Section 62: Increase in penalty for offences related to game etc

Section 62 amends section 1 of the Night Poaching Act 1828, section 30 of the Game Act 1831 and section 4A of the Game Laws (Amendment) Act 1960.
Subsections (3) and (4) increase the maximum penalty upon conviction for 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) from a fine not exceeding level 3 on the standard scale to a fine of any amount and/or a custodial sentence of six months (if the offence is committed prior to the coming into force of section 281(5) of the Criminal Justice Act 2003, after which it will be a term not exceeding 51 weeks).
Subsections (5) to (8) increase the maximum penalty upon conviction for an offence under section 30 of the Game Act 1831 (trespass in daytime in search of game etc.) from a fine not exceeding level 3 on the standard scale (where fewer than five people are involved in committing the offence) and a fine not exceeding level 4 on the standard scale (where five or more people are involved in committing the offence) to a fine of any amount and/or a custodial sentence of six months (if the offence is committed prior to the coming into force of section 281(5) of the Criminal Justice Act 2003, after which it will be a term not exceeding 51 weeks). It applies the same maximum penalty in all cases no matter how many people are involved in committing the offence.
Subsection (9) amends section 4A of the Game Laws (Amendment) Act 1960 (forfeiture of vehicles) so that the court may now order forfeiture of a vehicle upon conviction for an offence under section 30 of the Game Act 1831 where fewer than five people are involved in committing an offence (the forfeiture power currently applies only where five or more persons are involved in committing the section 30 offence).
Subsection (10) provides that these amendments do not have retrospective effect and only apply to offences committed on or after the section comes into force.

Section 63: Trespass with intent to search for or to pursue hares with dogs etc

Section 63 creates new offences relating to trespassing on land with the intention of using a dog to search for or to pursue hares with dogs. Subsection (1) makes it an offence to 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.
Subsection (2) provides the defence of proving reasonable excuse for the trespass.
Subsections (3) and (4) set the maximum penalty for the offence as six months’ imprisonment (rising to 51 weeks when section 281(5) of the CJA 2003 comes into force), an unlimited fine, or both.

Section 64: Being equipped for searching for or pursuing hares with dogs etc

Subsection (1) makes it an offence for a person to 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.
Subsection (2) provides that proof that a person has with them an article made or adapted for use in committing the offence at in subsection (1) (trespass with intent to search for or to pursue hares with dogs etc) constitutes evidence that they had it with them intending to use in the course of or in connection with that offence.
Subsections (3) and (4) set the maximum penalty for the offence as six months’ imprisonment (rising to 51 weeks when section 281(5) of the CJA 2003 comes into force), an unlimited fine, or both.
Subsection (5) defines what is an animal and what is a dwelling for the purposes of the offence.

Section 65: Recovery order on conviction for certain offences involving dogs

Section 65 provides the court with the power to make a recovery order on conviction for offences under section 1 of the Night Poaching Act 1828, section 30 of the Game Acts 1831 and the new offences inserted by sections 63 and 64 of this Act. This applies where the dog was used in or present at the commission of the offence and the dog was lawfully seized and detained in connection with the offence.
Subsection (2) provides the court may make an order that requires the offender to pay all of the expenses incurred as a result of the dog’s seizure and detention.
Subsection (3) provides that the sum required to be paid is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.
Subsection (4) provides that a recovery order can be made whether or not the court also deals with the offender in another way.

Section 66: Disqualification order on conviction for certain offences involving dogs

Section 66 provides for a court to make a disqualification order preventing an offender from owning or keeping a dog or both where the offender is convicted of certain offences involving dogs. Those offences are: section 1 of the Night Poaching Act 1828; section 30 of the Game Act 1831; the new criminal offence of trespass with intent to search for or to pursue hares with dogs etc set out in section 63; and the new criminal offence of being equipped for searching for or pursuing hares with dogs etc set out in section 64. Under subsection (2) the court can make the order for such period as it thinks fit.
Subsection (3) provides that the order may specify a period during which the offender may not seek to terminate it.
Subsection (4) provides that the operation of the order can be suspended if needed to enable alternative arrangements to be made in relation to the dog.
Subsection (5) requires that the court gives reasons for making a disqualification order in open court and causes those reasons to be registered in the register of its proceedings.
Subsection (6) makes it an offence to breach a disqualification order.
Subsection (7) sets the maximum penalty for a breach of a disqualification order as a fine not exceeding level 3 on the standard scale (currently £1,000).
Subsection (8) provides that a recovery order can be made whether or not the court also deals with the offender in another way.

Section 67: Seizure and disposal of dogs in connection with disqualification order

Subsection (1) provides that when making a disqualification order, if it appears to a court the person subject to the order owns or keeps a dog contrary to that order, the court may order the dog to be taken into possession
Subsection (2) provides that a court may also order dogs to be taken into possession when owned or kept in breach of a disqualification order, following a conviction under section 66(6) .
Subsection (3) requires an order made for a dog to be taken into possession to make provision for disposal of the dog, where the person subject to that order owns the dog.
Subsection (4) provides that where the dog is not owned by the person subject to the disqualification order it is to be dealt with in a way ordered by the appropriate court. Subsection (5) provides that the dog cannot be destroyed or disposed of for the purposes of vivisection.
Subsection (6) requires that, before a court makes an order for disposal of a dog under subsection (4), it must give the owner of the dog the opportunity to be heard or be satisfied it is not reasonably practicable to communicate with the owner.
Subsection (7) provides that where the order is made against a person who is not the owner, the owner may appeal against the order to the Crown Court.

Section 68: Termination of disqualification order

Section 68 provides that a person can apply for termination of a disqualification order to which they are subject.
Subsection (2) sets out the timescales within which an application to terminate a disqualification order can be made.
Subsection (3) sets out what the court can do in response to a termination application, namely: terminate the order, vary the order or refuse the application.
Subsection (4) sets out what the court must have regard to in determining an application.
Subsection (5) provides that where a court refuses an application to terminate a disqualification order or varies the order it may specify a period during which a further application cannot be made.
Subsection (6) provides that a court may order an applicant to pay all or part of the costs of an application.

Section 69: Section 67: supplementary

Section 69 contains supplementary provisions in relation to a court making an order for seizure and disposal of dogs in connection with disqualification orders under section 67.
Subsection (2) provides that it is an offence to fail to comply with a requirement imposed by the court under subsection (1)(b). This carries a maximum penalty of a level 3 fine (currently £1,000).
Subsection (4) sets out what the court’s directions for carrying out the order may cover and subsection (5) sets out what the court is to have regard to in determining how to exercise its powers to order seizure and disposal of dogs in connection with a disqualification order. Subsection (6) requires a person who has been delegated a decision about how to dispose of a dog to have regard to the same things.
Subsection (7) provides that any amount to which the owner of a dog is entitled as a result of its sale may be reduced to account for any expenses they are liable to pay for carrying out the order.
Subsection (8) provides that any such sum the person is required to pay is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.

Section 70: Disqualification orders: appeals

Section 70 makes provision in connection with appeals against disqualification orders under section 66 and against orders for seizure and disposal in connection with a disqualification order under section 67.
Subsection (1) provides that nothing may be done under such an order until the periods for giving notice of appeal against the order and conviction have expired or any such appeal has been determined or withdrawn.
Subsection (2) sets out what can happen where the effect of an order is suspended under subsection (1). Requirements imposed or directions given in connection with the order cannot have effect during the suspension but the court is able to give directions about how any dog to which the order applies is to be dealt with during the suspension. Subsection (3) gives details of what such directions could be.
Subsections (4) and (5) provide that failure to deliver up a dog as directed under these provisions will be an offence punishable on conviction by a level 3 fine (currently £1,000).
Subsection (6) provides that any sum to be paid in relation to the removal or care of the dog that are incurred in carrying out the directions is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.

Section 71: Administering a substance with intent to cause harm

Section 71 requires the Secretary of State to prepare, publish and lay before Parliament a report about the nature and prevalence of administering a substance with intent to cause harm (commonly referred to as "spiking") within 12 months of the Act receiving Royal Assent. The report must include actions that the Government has taken to address the issue of spiking, and what actions it intends to take following the report being published.

Section 72: Response to Law Commission report on hate crime laws

Subsection (1) provides that within 12 months of the passing of the Act, the Secretary of State must :
1. prepare and publish a Government response to Recommendation 8 of the Law Commission’s report on hate crime, which concerned adding sex or gender as a protected characteristic for the purposes of aggravated offences and enhanced sentencing in hate crime laws; and
2. lay the Government’s response before Parliament.
Subsection (2) clarifies that "the Law Commission report on hate crime" means the Law Commission report "Hate Crime Laws" that was published on 7 December 2021. Recommendation 8 of the report stated that: "We recommend that sex or gender should not be added as a protected characteristic for the purposes of aggravated offences and enhanced sentencing".

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Police, Crime, Sentencing And Courts Act 2022

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Explanatory Notes

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Part 2: Prevention, investigation and prosecution of crime

Chapter 1: Functions relating to serious violence

Section 8: Duties to collaborate and plan to prevent and reduce serious violence

Section 9: Powers to collaborate and plan to prevent and reduce serious violence

Section 10: Power to authorise collaboration etc. with other persons

Section 11 and Schedule 1: Specified authorities and local government areas

Section 12 and Schedule 2: Educational, prison and youth custody authorities

Section 13: Preventing and reducing serious violence

Section 14: Involvement of local policing bodies

Section 15: Involvement of educational, prison and youth custody authorities

Section 16: Disclosure of information

Section 17: Supply of information to local policing bodies

Section 18: Directions

Section 19: Guidance

Section 20: Amendments of the Crime and Disorder Act 1998

Section 21: Amendment to the Police and Justice Act 2006

Section 22: Regulations

Section 23: Index of defined expressions

Chapter 2: Offensive Weapons Homicide Reviews

Section 24: Duty to arrange a review

Section 25: Relevant review partners

Section 26: Relationship with other review requirements

Section 27: Notification of Secretary of State

Section 28: Conduct of review

Section 29: Information

Section 30: Information: supplementary

Section 31: Delegating functions

Section 32: Guidance

Section 33: Power to pay grant: local health boards

Section 34: Piloting

Section 35: Regulations

Section 36: Interpretation

Chapter 3: Extraction of information from electronic devices

Section 37: Extraction of information from electronic devices: investigations of crime etc.

Section 38: Application of section 37 to children and adults without capacity

Section 39: Requirements for voluntary provision and agreement

Section 40: Application of section 37 where user has died etc.

Section 41: Extraction of information from electronic devices: investigations of death

Section 42: Code of practice about the extraction of information

Section 43: Confidential Information

Section 44 and Schedule 3: Authorised persons

Chapter 4: Other provisions

Section 45 and Schedule 4: Pre-charge bail

Part 1 of Schedule 4: Grant of pre-charge bail

Part 2 of Schedule 4: risk factors

Part 3 of Schedule 4: duty to seek views

Part 4 of Schedule 4: limits on periods of bail without charge

Part 5 of Schedule 4: police detention after arrest for breach of pre-charge bail etc.

Part 6 of Schedule 4: guidance on pre-charge bail

Section 46: Arranging or facilitating commission of a child sex offence

Section 47: Positions of trust

Section 48: Voyeurism: breast-feeding

Section 49: Time limit for prosecution of common assault or battery in domestic abuse cases

Section 50: Criminal damage to memorials: mode of trial

Section 51 and Schedule 5: Overseas production orders

Section 52: Power to photograph certain persons at a police station

Section 53: Power to specify date of attendance at police station for fingerprinting etc.

Section 54: PACE etc powers for food crime officers

Section 55: Entry and search of premises for human remains or material relating to human remains

Section 56 and Schedule 6: Special procedure for access to material relating to human remains

Section 57: Additional seizure powers

Section 58: Functions of prison custody officers in relation to live link hearings

Section 59: Proceeds of crime: account freezing orders

Section 60: Code of practice relating to non-Criminal hate incidents

Section 61: Further provision about the code of practice under section 60

Section 62: Increase in penalty for offences related to game etc

Section 63: Trespass with intent to search for or to pursue hares with dogs etc

Section 64: Being equipped for searching for or pursuing hares with dogs etc

Section 65: Recovery order on conviction for certain offences involving dogs

Section 66: Disqualification order on conviction for certain offences involving dogs

Section 67: Seizure and disposal of dogs in connection with disqualification order

Section 68: Termination of disqualification order

Section 69: Section 67: supplementary