PART 10Management of offenders
CHAPTER 1Serious violence reduction orders
I1166Serious violence reduction orders: piloting
1
The Secretary of State may exercise the power in section 208(1) so as to bring section 165 into force—
a
for all purposes, and
b
in relation to the whole of England and Wales,
only if the conditions in subsections (2) and (3) are met.
2
The condition in this subsection is that regulations under section 208(1) have brought section 165 into force only—
a
for one or more specified purposes, or
b
in relation to one or more specified areas.
3
The condition in this subsection is that the Secretary of State has laid before Parliament a report on the operation of Chapter 1A of Part 11 of the Sentencing Code (inserted by section 165)—
a
for one or more of those purposes, or
b
in relation to one or more of those areas.
4
A report under subsection (3) must in particular include—
a
information about the number of offenders in respect of whom serious violence reduction orders have been made;
b
information about the offences that were the basis for applications as a result of which serious violence reduction orders were made;
c
information about the exercise by constables of the powers in section 342E of the Sentencing Code (serious violence reduction orders: powers of constables);
d
an assessment of the impact of the operation of Chapter 1A of Part 11 of the Sentencing Code on people with protected characteristics (within the meaning of the Equality Act 2010);
e
an initial assessment of the impact of serious violence reduction orders on the reoffending rates of offenders in respect of whom such orders have been made;
f
an assessment of the impact on offenders of being subject to a serious violence reduction order;
g
information about the number of offences committed under section 342G of the Sentencing Code (offences relating to a serious violence reduction order) and the number of suspected offences under that section that have been investigated.
5
Regulations under section 208(1) which bring section 165 into force only for a specified purpose or in relation to a specified area may—
a
provide for section 165 to be in force for that purpose or in relation to that area for a specified period;
b
make transitional or saving provision in connection with section 165 ceasing to be in force at the end of the specified period.
6
Regulations containing provision by virtue of subsection (5)(a) may be amended by subsequent regulations under section 208(1) so as to continue section 165 in force—
a
for the specified purpose, or
b
in relation to the specified area,
for a further specified period.
7
Accordingly, the reference in section 419(1) of the Sentencing Act 2020, as applied by section 206, to the coming into force of an amendment is to be read as including a reference to the continuing in force of an amendment by reason of subsection (6).
8
In this section—
“serious violence reduction order” has the same meaning as in Chapter 1A of Part 11 of the Sentencing Code (see section 342B of the Sentencing Code);
“specified” means specified in regulations under section 208(1).