Crime and Policing Act 2026

Schedules

Prospective

Section 2

Schedule 1 E+W Youth injunctions, housing injunctions and consequential amendments

Part 1 E+W Amendments of the Anti-social Behaviour, Crime and Policing Act 2014

1 E+W The Anti-social Behaviour, Crime and Policing Act 2014 is amended as set out in this Part.

Commencement Information

I1 Sch. 1 para. 1 not in force at Royal Assent, see s. 255(1)

2 (1) Section 1 (power to grant injunctions) is amended as follows. E+W

(2) In the heading, after “grant” insert “youth”.

(3) In subsection (1)—

(a) after “section” insert “(a “youth injunction”)”;

(b) after “over” insert “but under 18”.

(4) In subsection (4), for “An injunction under this section” substitute “A youth injunction”.

(5) After subsection (4) insert—

“(4A) But a youth injunction may not have the effect of excluding the respondent from the place where the respondent normally lives.”

(6) In subsection (5)—

(a) for “an injunction under this section” substitute “a youth injunction”;

(b) in paragraph (a), for the words from “works” to “establishment” substitute “attends school or any other educational establishment, or at which the respondent normally works”;

(c) in paragraph (b), for “may be” substitute “is”.

(7) For subsection (6) substitute—

“(6) A youth injunction must specify the period for which it has effect, which must be no more than 12 months.”

(8) In subsection (7), for “An injunction under this section” substitute “A youth injunction”.

(9) For subsection (8) substitute—

“(8) An application for a youth injunction must be made to a youth court.”

(10) At the end insert—

“(9) In this Part, anti-social behaviour means—

(a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or

(b) housing-related anti-social conduct (see section 2).”

Commencement Information

I2 Sch. 1 para. 2 not in force at Royal Assent, see s. 255(1)

3 E+W After section 1 insert—

“1A Power to grant housing injunctions

(1) A court may grant an injunction under this section (a “housing injunction”) against a person aged 18 or over (“the respondent”) if two conditions are met.

(2) The first condition is that the court is satisfied, on the balance of probabilities, that the respondent has engaged or threatens to engage in housing-related anti-social conduct (see section 2).

(3) The second condition is that the court considers it just and convenient to grant the injunction for the purpose of preventing the respondent from engaging in housing-related anti-social conduct.

(4) A housing injunction may for the purpose of preventing the respondent from engaging in housing-related anti-social conduct—

(a) prohibit the respondent from doing anything described in the injunction;

(b) require the respondent to do anything described in the injunction.

(5) Prohibitions and requirements in a housing injunction must, so far as practicable, be such as to avoid—

(a) any interference with the times, if any, at which the respondent normally works or attends any educational establishment;

(b) any conflict with the requirements of any other court order or injunction to which the respondent may be subject.

(6) A housing injunction must—

(a) specify the period for which it has effect, or

(b) state that it has effect until further order.

(7) A housing injunction may specify periods for which particular prohibitions or requirements have effect.

(8) An application for a housing injunction must be made to the High Court or the county court, subject to any rules of court made under section 18(2).

(9) A court may treat an application for a housing injunction as an application under section A1 (power to make respect orders) for an order under that section.”

Commencement Information

I3 Sch. 1 para. 3 not in force at Royal Assent, see s. 255(1)

4 (1) Section 2 (meaning of “anti-social behaviour”) is amended as follows. E+W

(2) In the heading, for ““anti-social behaviour”” substitute ““housing-related anti-social conduct””.

(3) In subsection (1)—

(a) for ““anti-social behaviour”” substitute ““housing-related anti-social conduct””;

(b) omit paragraph (a).

(4) In subsection (2), for “section 1” substitute “this Part”.

Commencement Information

I4 Sch. 1 para. 4 not in force at Royal Assent, see s. 255(1)

5 E+W In section 3 (requirements included in injunctions), for “section 1”, in both places it occurs, substitute “this Part”.

Commencement Information

I5 Sch. 1 para. 5 not in force at Royal Assent, see s. 255(1)

6 (1) Section 4 (power of arrest) is amended as follows. E+W

(2) In subsection (1)—

(a) for “section 1” substitute “this Part”;

(b) in paragraph (a), for “anti-social behaviour” substitute “relevant conduct”.

(3) At the end insert—

“(3) In this section, “relevant conduct” means—

(a) in relation to a youth injunction, anti-social behaviour;

(b) in relation to a housing injunction, housing-related anti-social conduct.”

Commencement Information

I6 Sch. 1 para. 6 not in force at Royal Assent, see s. 255(1)

7 (1) Section 5 (applications for injunctions) is amended as follows. E+W

(2) In subsection (1), for “section 1” substitute “this Part”.

(3) In subsection (3), for “anti-social behaviour” substitute “relevant conduct”.

(4) After subsection (4) insert—

“(4A) In this section, “relevant conduct” means—

(a) in relation to a youth injunction, anti-social behaviour;

(b) in relation to a housing injunction, housing-related anti-social conduct.”

Commencement Information

I7 Sch. 1 para. 7 not in force at Royal Assent, see s. 255(1)

8 E+W In section 6 (applications without notice), in subsection (1), for “section 1” substitute “this Part”.

Commencement Information

I8 Sch. 1 para. 8 not in force at Royal Assent, see s. 255(1)

9 E+W In section 7 (interim injunctions)—

(a) in subsection (1), for “section 1” substitute “this Part”;

(b) in subsection (2), for “that section” substitute “this Part”.

Commencement Information

I9 Sch. 1 para. 9 not in force at Royal Assent, see s. 255(1)

10 (1) Section 8 (variation or discharge of injunctions) is amended as follows. E+W

(2) In subsection (1), for “section 1” substitute “this Part”.

(3) For subsection (2) substitute—

“(2) In subsection (1) “the court” means the court that granted the injunction.”

Commencement Information

I10 Sch. 1 para. 10 not in force at Royal Assent, see s. 255(1)

11 (1) Section 9 (arrest without warrant) is amended as follows. E+W

(2) In subsection (1), for “section 1” substitute “this Part”.

(3) In subsection (3), omit paragraphs (a) to (c) and insert—

“(a) in the case of a housing injunction—

(i) a judge of the county court, or

(ii) if the injunction was granted by the High Court, a judge of the High Court or a judge of the county court;

(b) in the case of a youth injunction, a justice of the peace.”

(4) In subsection (5), omit “or (b)”.

(5) In subsection (6), for “(c)” substitute “(b)”.

Commencement Information

I11 Sch. 1 para. 11 not in force at Royal Assent, see s. 255(1)

12 (1) Section 10 (issue of arrest warrant) is amended as follows. E+W

(2) In subsection (1), for “section 1” substitute “this Part”.

(3) In subsection (2), omit paragraphs (a) to (c) and insert—

“(a) in the case of a housing injunction—

(i) a judge of the High Court, if the injunction was granted by the High Court, or

(ii) a judge of the county court, if the injunction was granted by the county court;

(b) in the case of a youth injunction, a justice of the peace.”

(4) In subsection (6)—

(a) for “before—” substitute “before the youth court that granted the injunction.”;

(b) omit paragraphs (a) and (b).

Commencement Information

I12 Sch. 1 para. 12 not in force at Royal Assent, see s. 255(1)

13 E+W In section 12 (powers in respect of under-18s), before “injunctions” insert “youth”.

Commencement Information

I13 Sch. 1 para. 13 not in force at Royal Assent, see s. 255(1)

14 (1) Section 13 (power to exclude person from home), subsection (1) is amended as follows. E+W

(2) In the words before paragraph (a), for “An injunction under section 1” substitute “A housing injunction”.

(3) Omit paragraph (a).

(4) In paragraph (c)(i), for “anti-social behaviour” substitute “housing-related anti-social conduct”.

Commencement Information

I14 Sch. 1 para. 14 not in force at Royal Assent, see s. 255(1)

15 E+W Before section 14 (but after the italic heading before that section) insert—

“13A Requirement to carry out risk assessment

(1) A person applying for an injunction under this Part must before doing so carry out a risk assessment in relation to the application.

(2) A risk assessment, in relation to an application for an injunction under this Part, is an assessment of—

(a) the risk of any person being caused nuisance or annoyance in relation to their occupation of residential premises by the respondent’s conduct,

(b) (in relation to an application for a youth injunction), the risk of any person being caused harassment, alarm or distress by the respondent’s conduct,

(c) any vulnerabilities of the respondent,

(d) any alternative means of preventing the respondent from engaging in relevant conduct, and

(e) such other matters as the person considers relevant.

(3) A person required to carry out a risk assessment under this section must in doing so have regard to any guidance issued by the Secretary of State under section 19.

(4) In this section, “relevant conduct” means—

(a) in relation to an application for a youth injunction, anti-social behaviour;

(b) in relation to an application for a housing injunction, housing-related anti-social conduct.”

Commencement Information

I15 Sch. 1 para. 15 not in force at Royal Assent, see s. 255(1)

16 (1) Section 14 (requirements to consult etc) is amended as follows. E+W

(2) In subsection (1)—

(a) in the words before paragraph (a), for “section 1” substitute “this Part”;

(b) in paragraph (a)—

(i) at the beginning insert “in the case of a youth injunction,”;

(ii) omit the words from “, if” to the end;

(c) in paragraph (b)—

(i) at the beginning insert “in any case,”;

(ii) for “other” substitute “(or, where paragraph (a) applies, any other).”

(3) In subsection (2)—

(a) in paragraph (a), at the beginning insert “in the case of a youth injunction,”;

(b) in paragraph (b)—

(i) at the beginning insert “in any case,”;

(ii) for “other” substitute “(or, where paragraph (a) applies, any other)”.

(4) In subsection (3)—

(a) in the words before paragraph (a), for “section 1” substitute “this Part”;

(b) in paragraph (a), at the beginning insert “in the case of a youth injunction,”;

(c) in paragraph (b)—

(i) at the beginning insert “in any case,”;

(ii) for “other” substitute “(or, where paragraph (a) applies, any other)”.

Commencement Information

I16 Sch. 1 para. 16 not in force at Royal Assent, see s. 255(1)

17 (1) Section 18 (rules of court) is amended as follows. E+W

(2) In subsection (1), for “section 1” substitute “this Part”.

(3) In subsection (2)—

(a) in the words before paragraph (a), for “an injunction under section 1” substitute “a housing injunction or a respect order”;

(b) in paragraph (a), for “an injunction under that section” substitute “a youth injunction”.

(4) In subsection (3)—

(a) in the words before paragraph (a), for “under this Part” substitute “on an application for a youth injunction”;

(b) in paragraph (a), at the end insert “and for the application to be treated as an application for a housing injunction or a respect order (as the court to which the proceedings are transferred considers appropriate)”.

Commencement Information

I17 Sch. 1 para. 17 not in force at Royal Assent, see s. 255(1)

18 E+W In section 19 (guidance), in subsection (1), for “section 1” substitute “this Part”.

Commencement Information

I18 Sch. 1 para. 18 not in force at Royal Assent, see s. 255(1)

19 (1) In section 20 (interpretation etc), subsection (1) is amended as follows. E+W

(2) In the definition of “anti-social behaviour”, for “section 2” substitute “section 1(9)”.

(3) For the definition of “respondent” substitute—

• ““respondent”—

  (a)

  in relation to a youth injunction, has the meaning given by section 1(1);

  (b)

  in relation to a housing injunction, has the meaning given by section 1A(1);”.

(4) At the appropriate places, insert—

• ““housing injunction” means an injunction under section 1A;”;

• ““housing-related anti-social conduct” has the meaning given by section 2;”;

• ““respect order” means an order under section A1;”;

• ““youth injunction” means an injunction under section 1.”

Commencement Information

I19 Sch. 1 para. 19 not in force at Royal Assent, see s. 255(1)

20 E+W In section 101 (the community remedy document), in subsection (9), for the definition of “anti-social behaviour” substitute—

• ““anti-social behaviour” means—

  (a)

  conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or

  (b)

  housing-related anti-social conduct as defined by section 2 (ignoring subsection (2) of that section);”.

Commencement Information

I20 Sch. 1 para. 20 not in force at Royal Assent, see s. 255(1)

21 (1) Section 102 (anti-social behaviour etc: out-of-court disposals) is amended as follows. E+W

(2) In subsection (1), in paragraph (c), for “an injunction under section 1” substitute “a respect order under section A1 or an injunction under Part 1”.

(3) In subsection (6), for the definition of “anti-social behaviour” substitute—

• ““anti-social behaviour” means—

  (a)

  conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or

  (b)

  housing-related anti-social conduct, as defined by section 2 (ignoring subsection (2) of that section);”.

Commencement Information

I21 Sch. 1 para. 21 not in force at Royal Assent, see s. 255(1)

22 (1) Schedule 2 (breach of injunctions: powers of court in respect of under-18s) is amended as follows. E+W

(2) In the heading, before “injunctions” insert “youth”.

(3) In paragraph 1(1), for “an injunction under section 1” substitute “a youth injunction”.

Commencement Information

I22 Sch. 1 para. 22 not in force at Royal Assent, see s. 255(1)

Part 2 E+W Consequential amendments of other Acts

Housing Act 1985 (c. 68) E+W

23 (1) Section 84A of the Housing Act 1985 (absolute ground for possession for anti-social behaviour) is amended as follows.

(2) In subsection (4)—

(a) for “section 1” substitute “Part 1”;

(b) after “2014” insert “or a respect order”.

(3) In subsection (9), for the definition of “relevant proceedings”, substitute—

• ““relevant proceedings” means—

  (a)

  proceedings for an offence under section I1 of the Anti-social Behaviour, Crime and Policing Act 2014,

  (b)

  proceedings under Schedule 2 to that Act, or

  (c)

  proceedings for contempt of court;

• “respect order” means an order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014;”.

Commencement Information

I23 Sch. 1 para. 23 not in force at Royal Assent, see s. 255(1)

24 In Schedule 3 to that Act (grounds for withholding consent to assignment by way of exchange), in Ground 2A, in the definition of “relevant order”, for “an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014” substitute—

• “a respect order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014;

• an injunction under Part 1 of that Act;”.

Commencement Information

I24 Sch. 1 para. 24 not in force at Royal Assent, see s. 255(1)

Housing Act 1988 (c. 50) E+W

25 (1) In Part 1 of Schedule 2 to the Housing Act 1988 (grounds on which court must order possession of dwelling-houses let on assured tenancies), Ground 7A is amended as follows.

(2) In condition 2, in the words before paragraph (a)—

(a) for “section 1” substitute “Part 1”;

(b) after “2014” insert “or a respect order”.

(3) In the list of definitions for the purposes of Ground 7A, for the definition of “relevant proceedings” substitute—

• ““relevant proceedings” means—

  (a)

  proceedings for an offence under section I1 of the Anti-social Behaviour, Crime and Policing Act 2014,

  (b)

  proceedings under Schedule 2 to that Act, or

  (c)

  proceedings for contempt of court;

• “respect order” means an order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014;”.

Commencement Information

I25 Sch. 1 para. 25 not in force at Royal Assent, see s. 255(1)

Police Reform Act 2002 (c. 30) E+W

26 In section 50 of the Police Reform Act 2002 (persons engaging in anti-social behaviour), for subsection (1A) substitute—

“(1A) In subsection (1) “anti-social behaviour” means—

(a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or

(b) housing-related anti-social conduct, as defined by section 2 of the Anti-social Behaviour, Crime and Policing Act 2014 (ignoring subsection (2) of that section).”

Commencement Information

I26 Sch. 1 para. 26 not in force at Royal Assent, see s. 255(1)

Localism Act 2011 (c. 20) E+W

27 In Schedule 14 to the Localism Act 2011 (grounds on which landlord may refuse to surrender and grant tenancies under section 158), in paragraph 6(4), in the definition of “relevant order”—

(a) after paragraph (e) insert—

“(ea) a respect order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014,”;

(b) in paragraph (f), for “section 1 of the Anti-social Behaviour, Crime and Policing Act 2014” substitute “Part 1 of that Act”.

Commencement Information

I27 Sch. 1 para. 27 not in force at Royal Assent, see s. 255(1)

Sentencing Code E+W

28 In section 80(3) of the Sentencing Code (list of circumstances where an order for conditional discharge is not available), after paragraph (c) insert—

“(ca) section I1(4) of the Anti-social Behaviour, Crime and Policing Act 2014 (breach of respect order);”.

Commencement Information

I28 Sch. 1 para. 28 not in force at Royal Assent, see s. 255(1)

Prospective

Section 5

Schedule 2 E+W Closure of premises by registered social housing provider

1 E+W The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.

Commencement Information

I29 Sch. 2 para. 1 not in force at Royal Assent, see s. 255(1)

2 E+W In section 76 (power to issue closure notices)—

(a) in subsection (1)—

(i) omit “or”, in the first place it appears;

(ii) after “authority,” insert “or a registered social housing provider (“RSH provider”),”;

(b) after subsection (1) insert—

“(1A) An RSH provider may only issue a closure notice in respect of premises owned or managed by that provider.”;

(c) in subsection (7)—

(i) for “or local authority” substitute “, local authority or RSH provider”;

(ii) for “or authority” substitute “, authority or provider”.

Commencement Information

I30 Sch. 2 para. 2 not in force at Royal Assent, see s. 255(1)

3 E+W In section 77 (duration of closure notices)—

(a) in subsection (2)—

(i) omit “or” at the end of paragraph (a);

(ii) after paragraph (b) insert “, or

(c) if, in the case of a notice issued by an RSH provider, the notice is signed by an individual who is part of the provider’s senior management.”;

(b) in subsection (4)—

(i) omit “or” at the end of paragraph (a);

(ii) after paragraph (b) insert “, or

(c) if, in the case of a notice issued by an RSH provider, the RSH provider issues an extension notice signed by an individual who is part of the provider’s senior management.”;

(c) after subsection (6) insert—

“(7) For the purposes of this section, an individual is part of an RSH provider’s senior management if the individual plays a significant role in—

(a) the making of decisions about how the whole or a substantial part of the activities of the provider which relate to social housing are to be managed or organised, or

(b) the management or organisation of the whole or a substantial part of such activities.”

Commencement Information

I31 Sch. 2 para. 3 not in force at Royal Assent, see s. 255(1)

4 E+W In section 78 (cancellation or variation of closure notices)—

(a) in subsections (1), (2), (3) and (6), for “officer or authority” substitute “person”;

(b) after subsection (4), insert—

“(4A) A cancellation notice or a variation notice that relates to a closure notice which was—

(a) issued by an RSH provider, and

(b) signed as mentioned in section 77(2)(c),

must be signed by the person who signed the closure notice (or, if that person is not available, by another person who could have signed the closure notice).”;

(c) in subsection (5)—

(i) after “local authority” insert “or RSH provider”;

(ii) after “section 77(4)(b)” insert “or (c) (as the case may be)”;

(d) in subsection (6), after paragraph (c) insert—

“(d) in the case of a closure notice issued by an RSH provider, that provider.”

Commencement Information

I32 Sch. 2 para. 4 not in force at Royal Assent, see s. 255(1)

5 E+W In section 79 (service of notices)—

(a) in subsection (1), after paragraph (b) insert “;

(c) a representative of the provider that issued the notice, in the case of a notice issued by an RSH provider.”;

(b) in subsections (2), (3) and (4), omit “local authority”;

(c) after subsection (5) insert—

“(6) In this section “representative”, in relation to an RSH provider, means—

(a) an employee of the provider, or

(b) a person, or employee of a person, acting on behalf of the provider.”

Commencement Information

I33 Sch. 2 para. 5 not in force at Royal Assent, see s. 255(1)

6 E+W In section 80 (power of court to make closure orders), in subsection (2), after paragraph (b) insert—

“(c) by the provider that issued the closure notice, if the notice was issued by an RSH provider.”

Commencement Information

I34 Sch. 2 para. 6 not in force at Royal Assent, see s. 255(1)

7 E+W In section 82 (extension of closure orders)—

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

“(c) where the closure order was made on the application of an RSH provider, that provider.”;

(b) in subsection (3)—

(i) for “or local authority” substitute “, local authority or RSH provider”;

(ii) for “the appropriate consultee has been consulted” substitute “appropriate consultation”;

(iii) after “application” insert “has been carried out”;

(c) for subsection (4) substitute—

“(4) An appropriate consultation about the intention to make the application is carried out if the following are consulted—

(a) the local authority and any relevant RSH provider, in the case of an application by a police officer;

(b) the chief officer of police for the area in which the premises are situated and any relevant RSH provider, in the case of an application by a local authority;

(c) the local authority and the chief officer of police for the area in which the premises are situated, in the case of an application by an RSH provider.

An RSH provider is “relevant” if it owns or manages the premises.”

Commencement Information

I35 Sch. 2 para. 7 not in force at Royal Assent, see s. 255(1)

8 E+W In section 83 (discharge of closure orders)—

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

“(ba) the provider that applied for the closure order, where the order was made on the application of an RSH provider;”;

(b) after subsection (6) insert—

“(6A) Where—

(a) the order in question was made on the application of an RSH provider, and

(b) a person other than that provider makes an application under this section for the discharge of the order,

the justice may issue a summons directed to that provider requiring it to appear before the magistrates’ court to respond to the application.

(6B) If a summons is issued under subsection (6A), a notice stating the date, time and place of the hearing of the application must be served on—

(a) the provider mentioned in that subsection;

(b) the persons mentioned in subsection (2)(c) and (d) (other than the complainant).”

Commencement Information

I36 Sch. 2 para. 8 not in force at Royal Assent, see s. 255(1)

9 E+W In section 84 (appeals), after subsection (3) insert—

“(3A) An RSH provider may appeal against—

(a) a decision not to make a closure order applied for by that provider;

(b) a decision not to extend a closure order made on the application of that provider;

(c) a decision (under section 81) not to order the continuation in force of a closure notice issued by that provider.”

Commencement Information

I37 Sch. 2 para. 9 not in force at Royal Assent, see s. 255(1)

10 E+W In section 85 (enforcement of closure orders), in subsection (2), after paragraph (b) insert “;

(c) in relation to a closure order made on the application of an RSH provider, means a person authorised by that provider.”

Commencement Information

I38 Sch. 2 para. 10 not in force at Royal Assent, see s. 255(1)

11 E+W In section 87 (access to other premises), in subsection (3), after paragraph (b) insert—

“(ba) the RSH provider, in a case where that RSH provider owns or manages the premises;”.

Commencement Information

I39 Sch. 2 para. 11 not in force at Royal Assent, see s. 255(1)

12 E+W In section 88 (reimbursement of costs)—

(a) in subsection (1), for “or a local authority” substitute “, a local authority or an RSH provider”;

(b) in subsection (5)—

(i) in paragraph (a), after “authority” insert “or an RSH provider”;

(ii) in paragraph (b), after “body” insert “or an RSH provider”;

(c) after subsection (5) insert—

“(6) Where a local authority or a local policing body makes an application under this section in respect of premises owned or managed by an RSH provider, the application must also be served on the RSH provider.”

Commencement Information

I40 Sch. 2 para. 12 not in force at Royal Assent, see s. 255(1)

13 E+W In section 89 (exemption from liability)—

(a) after subsection (2) insert—

“(2A) An RSH provider is not liable for damages in proceedings for—

(a) judicial review, or

(b) the tort of negligence,

arising out of anything done or omitted to be done by the provider in the exercise or purported exercise of a power under this Chapter.”;

(b) in subsection (3), for “and (2)” substitute “to (2A)”;

(c) in subsection (4), for “and (2)” substitute “to (2A)”.

Commencement Information

I41 Sch. 2 para. 13 not in force at Royal Assent, see s. 255(1)

14 E+W In section 91 (guidance), in subsection (1)(b), after “authorities” insert “and RSH providers”.

Commencement Information

I42 Sch. 2 para. 14 not in force at Royal Assent, see s. 255(1)

15 E+W In section 92 (interpretation)—

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

• ““registered social housing provider” (or “RSH provider”) means—

  (a)

  in relation to England, a registered provider of social housing;

  (b)

  in relation to Wales, a Welsh body registered as a social landlord under section 3 of the Housing Act 1996;”;

(b) after subsection (3), insert—

“(4) For the purposes of this Chapter, an RSH provider owns premises if—

(a) the provider is a person (other than a mortgagee not in possession) entitled to dispose of the fee simple in the premises, whether in possession or in reversion, or

(b) the provider is a person who holds or is entitled to the rents and profits of the premises under a lease that (when granted) was for a term of at least 3 years.”

Commencement Information

I43 Sch. 2 para. 15 not in force at Royal Assent, see s. 255(1)

Prospective

Section 6

Schedule 3 E+W LPB case reviews: supplementary provision

Commencement Information

I44 Sch. 3 not in force at Royal Assent, see s. 255(1)

This is the Schedule to be inserted after Schedule 4 to the Anti-social Behaviour, Crime and Policing Act 2014—

Section 104A

“Schedule 4A E+W LPB case reviews: supplementary provision

Part 1 E+W Making and revising LPB review procedures

Consultation: relevant bodies

1 In making and revising its LPB review procedures, the local policing body for a police area must consult the relevant bodies for each local government area all or part of which falls within the police area.

Consultation: local providers of social housing

2 (1) In making and revising its LPB review procedures, a local policing body for a police area must consult such relevant local providers of social housing as it considers appropriate.

(2) In this Schedule “relevant local provider of social housing”, in relation to the local policing body for a police area, means a local provider of social housing in a local government area all or part of which falls within that police area.

Dissatisfaction with LPB case reviews

3 The LPB review procedures must include provision about what is to happen where an applicant is dissatisfied with the way in which the local policing body has—

(a) dealt with an application for an LPB case review, or

(b) carried out an LPB case review.

Assessment and revision of LPB review procedures

4 The LPB review procedures must include provision about—

(a) the assessment of the effectiveness of those procedures, and

(b) the revision of those procedures.

Part 2 E+W LPB case reviews

Consultation and co-operation: local providers of social housing

5 (1) In carrying out LPB case reviews, the local policing body for a police area must consult such relevant local providers of social housing as it considers appropriate.

(2) The relevant local providers of social housing must co-operate with the local policing body for a police area in any matters specified by the body that concern LPB case reviews.

Information

6 (1) A local policing body may request any person to disclose information for a purpose connected with the carrying out of an LPB case review.

(2) If such a request is made to a person who exercises public functions, and that person possesses the requested information in connection with the exercise of such functions, the person must (subject to sub-paragraph (5)) comply with the request.

(3) If such a request is made to a person who is not required by sub-paragraph (2) to disclose the requested information, the person may (subject to sub-paragraph (5)) comply with the request.

(4) Except as provided by sub-paragraph (5), a disclosure under this paragraph does not breach—

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

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

(5) This paragraph does not require or authorise a disclosure which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

Part 3 E+W Effect of joint review procedures

7 (1) This paragraph applies where, by virtue of paragraph 8 of Schedule 4 (joint review procedures), a local government area falls within two or more police areas.

(2) Section 104A(2) applies in relation to the local government area as if references to the local policing body for the police area were to all of the local policing bodies for those police areas acting jointly.

(3) Section 104A(3) applies in relation to the local government area as if references to the local policing body for the police area were to—

(a) one of the local policing bodies for those police areas, or

(b) two or more of the local policing bodies for those police areas acting jointly.

(4) If, as a result of sub-paragraph (2) or (3), two or more local policing bodies jointly carry out an LPB case review, references in section 104A and this Schedule to a local policing body in relation to the carrying out of such a review are to be read accordingly.

Part 4 E+W General

Different review procedures for different parts of an area

8 LPB review procedures may make different provision in relation to different parts of a police area.

Duty to promote awareness of LPB case reviews

9 A local policing body must, in such manner as it thinks appropriate, promote awareness of—

(a) opportunities in the body’s police area to make applications for LPB case reviews, and

(b) the LPB review procedures for such reviews.

Guidance

10 A local policing body must have regard to guidance issued by the Secretary of State in exercising functions under section 104A, Schedule 4 or this Schedule.”

Prospective

Section 19

Schedule 4 E+W Civil penalties for service providers and content managers

Introduction E+W

1 In this Schedule—

• “penalty notice” means a penalty notice under section 19 or 24;

• “relevant officer”—

  (a)

  in relation to a penalty notice under section 19, means the coordinating officer;

  (b)

  in relation to a penalty notice under section 24, means the senior authorised officer of the issuing force who proposes to give the notice;

• “respondent”—

  (a)

  in relation to a penalty notice under section 19, means the service provider to which the notice is to be given;

  (b)

  in relation to a penalty notice under section 24, means the service provider to which, or the content manager to whom, the notice is to be given.

Commencement Information

I45 Sch. 4 para. 1 not in force at Royal Assent, see s. 255(1)

Notice of intent to issue penalty E+W

2 (1) The relevant officer may give a penalty notice only after—

(a) the officer has given the respondent a notice of intent,

(b) the period for the respondent to make representations in accordance with the notice of intent has expired, and

(c) the officer has considered such representations (if any).

(2) A “notice of intent” is a notice—

(a) specifying that the relevant officer proposes to give a penalty notice, the officer’s reasons for doing so and the proposed amount of the penalty,

(b) inviting the respondent to make representations to the officer about the proposal, and

(c) specifying the means by which, and the period within which, any representations must be made.

(3) The period specified under sub-paragraph (2)(c) must be at least 28 days beginning with the day on which the notice of intent is given.

Commencement Information

I46 Sch. 4 para. 2 not in force at Royal Assent, see s. 255(1)

Contents of a penalty notice E+W

3 (1) A penalty notice must—

(a) give reasons for the imposition of the penalty;

(b) specify the amount of the penalty and how it is to be paid;

(c) specify the period within which the penalty must be paid;

(d) contain details of the right of appeal against the penalty (see paragraph 6);

(e) set out the consequences of not paying the penalty.

(2) The period specified under sub-paragraph (1)(c) must be at least 28 days beginning with the day on which the penalty notice is given.

Commencement Information

I47 Sch. 4 para. 3 not in force at Royal Assent, see s. 255(1)

Withdrawal of notice of intent or penalty notice E+W

4 The relevant officer may at any time withdraw a notice of intent or penalty notice by giving notice to that effect to the respondent.

Commencement Information

I48 Sch. 4 para. 4 not in force at Royal Assent, see s. 255(1)

Excuse for non-compliance with content removal notice requirements E+W

5 (1) This paragraph applies where a penalty notice is given under section 24.

(2) The respondent is excused from paying the penalty if the respondent shows that they took all reasonable steps to comply with the content removal notice or (as the case may be) decision notice.

(3) A penalty notice under section 24 (or a notice of intent) may be given without the relevant officer having established whether sub-paragraph (2) applies in respect of the respondent.

Commencement Information

I49 Sch. 4 para. 5 not in force at Royal Assent, see s. 255(1)

Appeal E+W

6 (1) The respondent may appeal to the court against a decision to give a penalty notice.

(2) The grounds for appeal are—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(c) that the amount of the penalty was unreasonable;

(d) in a case to which paragraph 5 applies, that the respondent is excused from payment by virtue of sub-paragraph (2) of that paragraph;

(e) any other reason.

(3) Any appeal must be brought before the end of the period of 28 days beginning with the day on which the penalty notice was given.

(4) The court may—

(a) allow the appeal and cancel the penalty,

(b) allow the appeal and reduce the amount of the penalty, or

(c) dismiss the appeal.

(5) An appeal is to be a re-hearing of the relevant officer’s decision to impose the penalty and is to be determined having regard to any matter which the court considers relevant (which may include matters of which the officer was unaware).

(6) Sub-paragraph (5) has effect despite any provision of rules of court.

(7) In this paragraph “the court” means—

(a) the county court, if the appeal relates to a penalty notice given to—

(i) a content manager who is habitually resident in England and Wales,

(ii) a service provider where the provider’s registered office, or principal office in the United Kingdom, is in England and Wales, or

(iii) a service provider where the provider has no office in the United Kingdom;

(b) a sheriff or summary sheriff, if the appeal relates to a penalty notice given to—

(i) a content manager who is habitually resident in Scotland, or

(ii) a service provider where the provider’s registered office, or principal office in the United Kingdom, is in Scotland;

(c) a county court in Northern Ireland, if the appeal relates to a penalty notice given to—

(i) a content manager who is habitually resident in Northern Ireland, or

(ii) a service provider where the provider’s registered office, or principal office in the United Kingdom, is in Northern Ireland.

Commencement Information

I50 Sch. 4 para. 6 not in force at Royal Assent, see s. 255(1)

Enforcement etc E+W

7 (1) A sum payable as a penalty under section 19 may be recovered as a debt due—

(a) if the coordinating officer is a member of a relevant police force, to the chief officer of that force, or

(b) if the coordinating officer is a National Crime Agency officer, to the Secretary of State.

(2) A sum payable as a penalty under section 24 may be recovered as a debt due to—

(a) the chief officer of the issuing force, or

(b) if the issuing force is the National Crime Agency, to the Secretary of State.

(3) An amount paid by way of a penalty under section 19 or 24 must be paid into the Consolidated Fund.

Commencement Information

I51 Sch. 4 para. 7 not in force at Royal Assent, see s. 255(1)

Section 44

Schedule 5 E+W+S Sound moderators etc: exemptions

Firearms Act 1968 E+W+S

1 (1) The Firearms Act 1968 is amended as follows.

(2) In section 7(1)—

(a) the words from “a firearm” to the end become paragraph (a);

(b) at the end insert—

“(b) a relevant accessory.”

(3) In section 8—

(a) in subsection (1) for the words from “, have” to “ammunition” substitute—

“(a) have in their possession, purchase or acquire, a firearm or ammunition, or

(b) have a relevant accessory in their possession,”;

(b) in subsection (1A)—

(i) after “ammunition”, in the first place it occurs, insert “, or the possession of a relevant accessory,”;

(ii) for “or ammunition”, in the second place it occurs, substitute “, ammunition or relevant accessory”;

(iii) after “of, or” insert “firearm or ammunition is”.

(4) In section 9(1) for “or ammunition” substitute “, ammunition or a relevant accessory”.

(5) In section 11—

(a) in subsection (1) for “or ammunition”—

(i) in the first place it occurs, substitute “, ammunition or a relevant accessory”;

(ii) in the second and third places it occurs, substitute “, ammunition or relevant accessory”;

(b) in subsection (4)—

(i) omit the “and” at the end of paragraph (a);

(ii) at the end of paragraph (b) insert “and

(c) a relevant accessory,”.

(6) In section 11A at the end insert—

“(7) Where a rifle is borrowed on any premises in reliance on subsection (1), the borrower may, without holding a certificate under this Act, borrow and have in their possession on those premises a relevant accessory for the period for which the rifle is borrowed.”

(7) In section 12(1) after “firearm” insert “or relevant accessory”.

(8) In section 13(1)—

(a) in paragraph (a)—

(i) for “or ammunition”, in the first place it occurs, substitute “, ammunition or a relevant accessory”;

(ii) for “or ammunition therefor” substitute “, or ammunition or a relevant accessory therefor,”;

(b) in paragraph (b)—

(i) for “or ammunition”, in the first place it occurs, substitute “, or ammunition or a relevant accessory”;

(ii) for “or ammunition”, in the second place it occurs, substitute “, or ammunition or relevant accessory”;

(iii) omit the “and” at the end;

(c) after paragraph (c) insert—

“(d) having obtained a permit under paragraph (c), remove any relevant accessory from or to a ship, aircraft or aerodrome, to or from the place specified in the permit.”

Commencement Information

I52 Sch. 5 para. 1 not in force at Royal Assent, see s. 255(1)

I53 Sch. 5 para. 1 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z8)

Firearms (Amendment) Act 1988 E+W+S

2 (1) The Firearms (Amendment) Act 1988 is amended as follows.

(2) In section 15—

(a) in subsection (1) for “and ammunition” substitute “, ammunition and a relevant accessory”;

(b) in subsection (2) for “or ammunition” substitute “, ammunition or relevant accessories”.

(3) In section 16A(1) for “and ammunition” substitute “, ammunition and a relevant accessory”.

(4) In section 16B(1) for “and ammunition” substitute “, ammunition and a relevant accessory”.

(5) In section 17 after subsection (1) insert—

“(1ZA) The holder of a visitor’s firearm permit may, without holding a firearm certificate, have in their possession a relevant accessory.””

(6) In section 25(4) (interpretation), for “or ammunition” substitute “, ammunition or relevant accessory”.

(7) In paragraph 1 of the Schedule, in sub-paragraphs (2)(a), (3) and (4) for “and ammunition” substitute “, ammunition and relevant accessories”.

Commencement Information

I54 Sch. 5 para. 2 not in force at Royal Assent, see s. 255(1)

I55 Sch. 5 para. 2 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z8)

Prospective

Section 63

Schedule 6 E+W CCE prevention orders on conviction

1 E+W In Part 11 of the Sentencing Code, after Chapter 2 insert—

“Chapter 2A E+W Child criminal exploitation prevention orders

Making of orders E+W

358A Power to make child criminal exploitation prevention order

(1) This section applies where a court is dealing with an offender aged 18 or over for an offence.

(2) The court may make an order under section 358B (a “CCE prevention order”) if the following conditions are met.

(3) The first condition is that—

(a) the court is satisfied on the balance of probabilities that the offender has engaged in child criminal exploitation or in conduct associated with child criminal exploitation, or

(b) the offence is an offence under section 48 of the Crime and Policing Act 2026 (child criminal exploitation).

(4) The second condition is that the court considers that there is a risk that the offender will engage in child criminal exploitation.

(5) The third condition is that the court considers that it is necessary to make the order to prevent the offender from engaging, or reduce the likelihood of the offender engaging, in child criminal exploitation.

(6) In subsection (3)—

(a) the reference to engaging in anything includes engaging in it before (as well as after) the time when Schedule 6 to the Crime and Policing Act 2026 comes into force;

(b) the reference to an offence includes an offence committed before (as well as after) that time.

(7) In this Chapter—

(a) a reference to a person “engaging in child criminal exploitation” is to the person—

(i) doing anything that constitutes an offence under section 48 of the Crime and Policing Act 2026 (as it has effect in England and Wales), or

(ii) doing anything in Scotland or Northern Ireland that would constitute an offence under that section (as it has effect in England and Wales) if done in England and Wales;

(b) a reference to a person “engaging in conduct associated with child criminal exploitation” is to the person doing anything, in any part of the United Kingdom, that is associated with the doing of anything within paragraph (a)(i) or (ii).

358B CCE prevention orders

(1) A CCE prevention order is an order which—

(a) prohibits the offender from doing anything described in the order;

(b) requires the offender to do anything described in the order.

The order may in particular require the offender to comply with section 358C (notification requirements).

(2) A court may include a prohibition or requirement only if it considers it necessary for the purpose of preventing the offender from engaging, or reducing the likelihood of the offender engaging, in child criminal exploitation.

(3) Prohibitions and requirements must, so far as practicable, be such as to avoid—

(a) any conflict with any religious beliefs of the offender;

(b) any interference with the times, if any, at which the offender normally works or attends any educational establishment;

(c) any conflict with the prohibitions and requirements of any other court order or injunction to which the offender is subject.

(4) A prohibition or requirement applies throughout the United Kingdom unless expressly limited to a particular area.

(5) A CCE prevention order must—

(a) specify the period for which it has effect (which must be at least five years), or

(b) state that it has effect until further order.

(6) Where—

(a) the offender has been remanded in or committed to custody by an order of a court, or

(b) a custodial sentence has been imposed on the offender or the offender is serving or otherwise subject to a such a sentence,

a CCE prevention order may provide that it does not take effect until the offender is released from custody or ceases to be subject to a custodial sentence.

(7) A CCE prevention order may specify periods for which particular prohibitions or requirements have effect.

(8) Where a court makes a CCE prevention order in respect of an offender who is already subject to such an order, the earlier order ceases to have effect.

358C Notification requirements

(1) This section applies where a CCE prevention order requires the offender to comply with this section.

(2) Before the end of the period of three days beginning with the day on which a CCE prevention order requiring the offender to comply with this section is first served, the offender must notify to the police—

(a) the offender’s name and, where the offender uses one or more other names, each of those names, and

(b) the offender’s home address.

(3) If, while the offender is subject to the order, the offender—

(a) uses a name which has not been notified under the order, or

(b) changes home address,

the offender must notify, to the police, the new name or the new home address.

(4) A notification under subsection (3) must be given before the end of the period of three days beginning with the day on which the offender uses the name or changes home address.

(5) A notification under this section is made—

(a) by attending at an appropriate police station and giving an oral notification to a constable, or to a person authorised for the purpose by the officer in charge of the station, or

(b) in a way specified in the CCE prevention order.

(6) An “appropriate police station” is a police station in the police area in which—

(a) the offender’s home address is situated, or

(b) the court which made the order is situated.

(7) A notification under this section must be acknowledged in writing.

(8) In this section “home address” means—

(a) the address of the offender’s sole or main residence in the United Kingdom, or

(b) where the offender has no such residence, the address or location of a place in the United Kingdom where the offender can regularly be found and, if there is more than one such place, such one of those places as the offender may select.

(9) In determining the period of three days mentioned in subsection (2) or (4), no account is to be taken of any time when the offender is—

(a) lawfully detained or otherwise lawfully deprived of their liberty, in the United Kingdom, or

(b) outside the United Kingdom.

Procedure E+W

358D Procedural powers

(1) For the purpose of deciding whether to make a CCE prevention order, the court may consider evidence led by the prosecution and evidence led by the offender.

(2) It does not matter whether the evidence would have been admissible in the proceedings for the offence for which the offender is being dealt with.

(3) The court may adjourn any proceedings relating to the making of a CCE prevention order.

(4) If the offender does not appear for any adjourned proceedings, the court may—

(a) further adjourn the proceedings,

(b) issue a warrant for the offender’s arrest, or

(c) hear the proceedings in the offender’s absence.

(5) The court may act under subsection (4)(b) only if satisfied that the offender has had adequate notice of the time and place of the adjourned proceedings.

(6) The court may act under subsection (4)(c) only if satisfied that the offender—

(a) has had adequate notice of the time and place of the adjourned proceedings, and

(b) has been informed that if the offender does not appear for those proceedings, the court may hear the proceedings in the offender’s absence.

(7) Nothing in this section limits any other powers of the court.

Variation, discharge and appeals E+W

358E Variation and discharge of orders

(1) This section applies where a person mentioned in subsection (2) applies to a relevant court for the variation or discharge of a CCE prevention order.

(2) The persons are—

(a) the offender;

(b) the chief officer of police for the police area in which the offender lives;

(c) a chief officer of police who believes that the offender is in, or is intending to come to, the chief officer’s police area.

(3) On the application, the court may (after hearing from the applicant and any other person mentioned in subsection (2) who wishes to be heard) make any order varying or discharging the order that the court considers appropriate.

This is subject to subsection (7).

(4) The power to vary an order includes power to—

(a) include an additional prohibition or requirement;

(b) extend the period for which a prohibition or requirement has effect;

(c) extend the period for which the order has effect.

(5) The court may make provision of a kind mentioned in subsection (4) only if it considers that the provision is necessary to prevent the offender from engaging, or reduce the likelihood of the offender engaging, in child criminal exploitation.

(6) Subsections (3), (4) and (6) of section 358B apply to additional prohibitions or requirements included on a variation of an order.

(7) The court may not discharge an order before the end of the period of five years beginning with the day on which the order was made, without the consent of the offender and—

(a) the chief officer of police for the police area in which the offender lives, or

(b) where the application is made by a chief officer of police, that chief officer.

(8) In this section “relevant court” means—

(a) where the Crown Court or the Court of Appeal made the order, the Crown Court;

(b) in any other case, any magistrates’ court.

358F Appeals

(1) A person mentioned in subsection (2) may appeal against a decision made on an application under section 358E.

(2) The persons are—

(a) the person who made the application;

(b) the offender;

(c) the chief officer of police for the police area in which the offender lives;

(d) a chief officer of police who believes that the offender is in, or is intending to come to, the chief officer’s police area.

(3) An appeal under this section is to be made—

(a) where the application was made to the Crown Court, to the Court of Appeal;

(b) in any other case, to the Crown Court.

(4) On an appeal under subsection (3)(b), the Crown Court may make—

(a) such orders as may be necessary to give effect to its determination of the appeal, and

(b) such incidental and consequential orders as appear to it to be appropriate.

Supplementary E+W

358G Offence of breaching CCE prevention order

(1) A person who, without reasonable excuse, fails to comply with a CCE prevention order commits an offence.

(2) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).

(3) Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.

(4) In proceedings for an offence under this section, a copy of the original CCE prevention order, certified by the proper officer of the court that made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those matters is admissible in those proceedings.

358H Offences relating to notifications

(1) This section applies where a CCE prevention order requires a person to comply with section 358C (notification requirements).

(2) The person commits an offence if—

(a) without reasonable excuse, they fail to comply with that section, or

(b) in purported compliance with that section, they notify to the police any information which they know to be false.

(3) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).

(4) A person commits an offence under subsection (2)(a) on the day on which they first fail, without reasonable excuse, to comply with section 358C.

(5) The person continues to commit the offence throughout any period during which the failure continues.

(6) But the person may not be prosecuted more than once in respect of the same failure.

(7) Section 358G(4) applies for the purposes of this section.

358I Special measures for witnesses

(1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in the case of vulnerable and intimidated witnesses) applies to relevant proceedings under this Chapter as it applies to criminal proceedings, but with—

(a) the omission of sections 17(4) to (7), 21(4C)(e), 22A, 27(10) and 32 of that Act (which make provision appropriate only in the context of criminal proceedings), and

(b) any other necessary modifications.

(2) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act apply to relevant proceedings under this Chapter—

(a) to the extent provided by rules of court, and

(b) subject to any modifications provided by rules of court.

(3) Section 47 of that Act (restrictions on reporting special measures directions etc) applies with any necessary modifications—

(a) to a direction under section 19 of that Act as applied by this section;

(b) to a direction discharging or varying such a direction.

Sections 49 and 51 of that Act (offences) apply accordingly.

(4) In this section “relevant proceedings under this Chapter” means any proceedings under this Chapter except proceedings relating to an offence under section 358G or 358H.

358J Interpretation and supplementary provision

(1) In this Chapter—

• “CCE prevention order” means an order under section 358B;

• “engaging in child criminal exploitation” has the meaning given by section 358A (and related expressions are to be construed accordingly).

(2) An application under this Chapter is to be made—

(a) by complaint, where the application is made to a magistrates’ court;

(b) in accordance with rules of court, in any other case.

(3) Section 127 of the Magistrates’ Courts Act 1980 (time limit for complaints etc) does not apply to a complaint under this Chapter.

(4) On the hearing of an application under this Chapter, section 97 of the Magistrates’ Courts Act 1980 (summons to witness and warrant for arrest) does not apply in relation to any person for whose protection the order is sought, except where the person has given oral or written evidence at the hearing.”

Commencement Information

I56 Sch. 6 para. 1 not in force at Royal Assent, see s. 255(1)

2 E+W In section 80(3) of the Sentencing Code (list of circumstances where an order for conditional discharge is not available) after paragraph (e) insert—

“(ea) section 358G(3) (breach of CCE prevention order);”.

Commencement Information

I57 Sch. 6 para. 2 not in force at Royal Assent, see s. 255(1)

Prospective

Section 64(1)

Schedule 7 S CCE prevention orders: Scotland

Power to make CCE prevention order S

1 (1) This paragraph applies if—

(a) the Chief Constable of the Police Service of Scotland, in accordance with paragraph 3, makes an application to a sheriff for a CCE prevention order in respect of a person,

(b) the Sheriff Appeal Court or the High Court allows a person’s appeal against a conviction for any offence,

(c) a person is acquitted of any offence by or before a court by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995,

(d) a court finds under section 53F of the Criminal Procedure (Scotland) Act 1995 that a person is unfit for trial and has done the act charged against them in respect of any offence, or

(e) a court deals with a person convicted of an offence for that offence.

(2) The court may make an order under paragraph 2 (a “CCE prevention order”) in respect of the person (“the adult”) if they are aged 18 or over and the conditions in sub-paragraphs (3) to (5) are met.

(3) The first condition is that—

(a) in any case, the court is satisfied on the balance of probabilities that the adult has engaged in child criminal exploitation or in conduct associated with child criminal exploitation, or

(b) in a case within paragraph (c), (d) or (e) of sub-paragraph (1), the offence in question is an offence under section 48.

(4) The second condition is that the court considers that there is a risk that the adult will engage in child criminal exploitation.

(5) The third condition is that the court considers that it is necessary to make the order to prevent the adult from engaging, or reduce the likelihood of the adult engaging, in child criminal exploitation.

(6) In sub-paragraph (3)—

(a) in paragraph (a), the reference to engaging in anything includes engaging in it before (as well as after) the time when this paragraph comes into force;

(b) paragraph (b) applies in relation to findings made in respect of conduct occurring before (as well as after) that time.

(7) In this paragraph—

(a) a reference to an adult “engaging in child criminal exploitation” is to the adult—

(i) doing anything that constitutes an offence under section 48 (as it has effect in Scotland), or

(ii) doing anything in England and Wales or Northern Ireland that would constitute an offence under section 48 (as it has effect in Scotland) if done in Scotland;

(b) a reference to an adult “engaging in conduct associated with child criminal exploitation” is to the adult doing anything, in any part of the United Kingdom, that is associated with the doing of anything within paragraph (a)(i) or (ii).

Commencement Information

I58 Sch. 7 para. 1 not in force at Royal Assent, see s. 255(10)(c)

CCE prevention orders S

2 (1) A CCE prevention order is an order which—

(a) prohibits the adult from doing anything described in the order;

(b) requires that adult to do anything described in the order.

The order may in particular require the adult to comply with paragraph 6 (notification requirements).

(2) A court may include a prohibition or requirement only if it considers it necessary for the purpose of preventing the adult from engaging, or reducing the likelihood of the adult engaging, in child criminal exploitation.

(3) Prohibitions and requirements must, so far as practicable, be such as to avoid—

(a) any conflict with any religious beliefs of the adult;

(b) any interference with the times, if any, at which the adult normally works or attends any educational establishment;

(c) any conflict with the prohibitions and requirements of any other court order or interdict to which the adult is subject.

(4) A prohibition or requirement applies throughout the United Kingdom unless expressly limited to a particular area.

(5) A CCE prevention order must—

(a) specify the period for which it has effect, which must be at least two years, or

(b) state that it has effect until further order.

(6) Where, in a case within paragraph 1(1)(e)—

(a) the adult has been remanded in custody by an order of a court, or

(b) a custodial sentence has been imposed on the adult or the adult is serving or otherwise subject to a such a sentence,

a CCE prevention order may provide that it does not take effect until the adult is released from custody.

(7) A CCE prevention order may specify periods for which particular prohibitions or requirements have effect.

(8) Where a court makes a CCE prevention order in respect of a person who is already subject to such an order, the earlier order ceases to have effect.

Commencement Information

I59 Sch. 7 para. 2 not in force at Royal Assent, see s. 255(10)(c)

Applications for CCE prevention orders S

3 (1) The Chief Constable of the Police Service of Scotland may make an application for a CCE prevention order.

(2) An application under this paragraph must be made to the sheriff in whose sheriffdom—

(a) the adult lives, or

(b) the Chief Constable of the Police Service of Scotland believes that adult is in or is intending to come to.

Commencement Information

I60 Sch. 7 para. 3 not in force at Royal Assent, see s. 255(10)(c)

Interim CCE prevention orders S

4 (1) This paragraph applies where the sheriff adjourns the hearing of an application for a CCE prevention order made under paragraph 3.

(2) The sheriff may, if they consider it necessary to do so, make a CCE prevention order lasting for a fixed period or until the determination of the application (an “interim CCE prevention order”).

Paragraph 2(5) does not apply in relation to an interim CCE prevention order.

(3) The only requirement that may be imposed by an interim CCE prevention order on the adult is a requirement to comply with paragraph 6 (notification requirements).

(4) Subject to that, the sheriff has the same powers in relation to an interim CCE prevention order as in relation to an order made at a final hearing.

(5) Nothing in sub-paragraph (2) prevents the variation of the duration of an interim CCE prevention order, or the discharge of such an order, under paragraph 7.

Commencement Information

I61 Sch. 7 para. 4 not in force at Royal Assent, see s. 255(10)(c)

CCE prevention orders in criminal proceedings: procedural powers S

5 (1) This paragraph applies in the circumstances mentioned in sub-paragraph (1)(b), (c), (d) or (e) of paragraph 1.

(2) The court may make a CCE prevention order—

(a) at its own instance, or

(b) on the motion of the Lord Advocate, Crown Counsel or procurator fiscal (or any person duly authorised to represent or act for them).

(3) For the purpose of deciding whether to make a CCE prevention order, the court may consider evidence led by the prosecution and evidence led by the adult.

(4) It does not matter whether the evidence would have been admissible in the proceedings giving rise to the circumstances referred to in sub-paragraph (1).

(5) The court may adjourn any proceedings relating to the making of a CCE prevention order.

(6) If the adult does not appear for any adjourned proceedings, the court may—

(a) further adjourn the proceedings,

(b) issue a warrant for the adult’s arrest, or

(c) hear the proceedings in the adult’s absence.

(7) The court may act under sub-paragraph (6)(b) only if satisfied that the adult has had adequate notice of the time and place of the adjourned proceedings.

(8) The court may act under sub-paragraph (6)(c) only if satisfied that the adult—

(a) has had adequate notice of the time and place of the adjourned proceedings, and

(b) has been informed that if the adult does not appear for those proceedings, the court may hear the proceedings in the adult’s absence.

(9) Nothing in this paragraph limits any other powers of the court.

Commencement Information

I62 Sch. 7 para. 5 not in force at Royal Assent, see s. 255(10)(c)

Notification requirements S

6 (1) This paragraph applies where a CCE prevention order requires the adult to comply with this paragraph.

(2) Before the end of the period of three days beginning with the day on which a CCE prevention order requiring the adult to comply with this paragraph is first served, the adult must notify to the police—

(a) the adult’s name and, where the adult uses one or more other names, each of those names, and

(b) the adult’s home address.

(3) If, while the adult is required to comply with this paragraph, the adult—

(a) uses a name which has not been notified under the order, or

(b) changes home address,

the adult must notify, to the police, the new name or the new home address.

(4) A notification under sub-paragraph (3) must be given before the end of the period of three days beginning with the day on which the adult uses the name or changes home address.

(5) A notification under this paragraph must be made—

(a) by attending at a police station for the time being specified in the document published under sub-paragraph (6) and giving an oral notification to a constable, or to a person authorised for the purpose by the officer in charge of the station, or

(b) in a way specified in the CCE prevention order.

(6) The Chief Constable of the Police Service of Scotland must publish, in such manner as the Chief Constable thinks fit, a document containing the name and address of each police station at which a person may give a notification under this paragraph.

(7) The Chief Constable of the Police Service of Scotland must keep under review a document published under this paragraph and may, from time to time, publish a revised version of the document in such manner as the Chief Constable thinks fit.

(8) A notification under this paragraph must be acknowledged in writing.

(9) In this paragraph “home address” means—

(a) the address of the adult’s sole or main residence in the United Kingdom, or

(b) where the adult has no such residence, the address or location of a place in the United Kingdom where the adult can regularly be found and, if there is more than one such place, such one of those places as the adult may select.

(10) In determining the period of three days mentioned in sub-paragraph (2) or (4), no account is to be taken of any time when the adult is—

(a) lawfully detained or otherwise lawfully deprived of their liberty, in the United Kingdom, or

(b) outside the United Kingdom.

Commencement Information

I63 Sch. 7 para. 6 not in force at Royal Assent, see s. 255(10)(c)

Variation and discharge of CCE prevention orders made on application S

7 (1) This paragraph applies where a person mentioned in sub-paragraph (2) applies to the appropriate sheriff for the variation or discharge of a CCE prevention order made in the circumstances mentioned in paragraph 1(1)(a).

(2) The persons are—

(a) the adult;

(b) the Chief Constable of the Police Service of Scotland.

(3) On the application, the appropriate sheriff may (after hearing from the applicant and, if the other person mentioned in sub-paragraph (2) wishes to be heard, that person) make any order varying or discharging the order that the appropriate sheriff considers appropriate.

This is subject to sub-paragraph (7).

(4) The power to vary an order includes power to—

(a) include an additional prohibition or requirement;

(b) extend the period for which a prohibition or requirement has effect;

(c) extend the period for which the order has effect.

(5) The appropriate sheriff may make provision of a kind mentioned in sub-paragraph (4) only if they consider that the provision is necessary to prevent the adult from engaging, or reduce the likelihood of the adult engaging, in child criminal exploitation.

(6) Sub-paragraphs (3), (4) and (7) of paragraph 2 apply to additional prohibitions or requirements included on a variation of an order.

(7) The appropriate sheriff may not discharge an order before the end of the period of two years beginning with the day on which the order was made, without the consent of the adult and the Chief Constable of the Police Service of Scotland.

This sub-paragraph does not apply to an interim CCE prevention order.

(8) In this paragraph “the appropriate sheriff” means—

(a) the sheriff who made the order,

(b) a sheriff in the sheriffdom of that sheriff, or

(c) a sheriff in the sheriffdom—

(i) in which the adult is resident at the time of the application,

(ii) in which the chief constable believes that adult to be, or

(iii) to which the chief constable believes that adult intends to come.

Commencement Information

I64 Sch. 7 para. 7 not in force at Royal Assent, see s. 255(10)(c)

Variation and discharge of CCE prevention orders made in criminal proceedings S

8 (1) This paragraph applies where a person mentioned in sub-paragraph (2) applies to a relevant court for the variation or discharge of a CCE prevention order made in the circumstances mentioned in sub-paragraph (1)(b), (c), (d) or (e) of paragraph 1.

(2) The persons are—

(a) the adult;

(b) the Lord Advocate, Crown Counsel or procurator fiscal (and any person duly authorised to represent or act for them).

(3) On the application, the court may (after hearing from the applicant and, if the other person mentioned in sub-paragraph (2) wishes to be heard, that person) make any order varying or discharging the order that the court considers appropriate.

This is subject to sub-paragraph (7).

(4) The power to vary an order includes power to—

(a) include an additional prohibition or requirement;

(b) extend the period for which a prohibition or requirement has effect;

(c) extend the period for which the order has effect.

(5) The court may make provision of a kind mentioned in sub-paragraph (4) only if it considers that the provision is necessary to prevent the adult from engaging, or reduce the likelihood of the adult engaging, in child criminal exploitation.

(6) Sub-paragraphs (3), (4) and (7) of paragraph 2 apply to additional prohibitions or requirements included on a variation of an order.

(7) The court may not discharge an order before the end of the period of two years beginning with the day on which the order was made, without the consent of the adult and the Chief Constable of the Police Service of Scotland.

This sub-paragraph does not apply to an interim CCE prevention order.

(8) In this paragraph “relevant court” means—

(a) where the High Court made the order, that court;

(b) where the sheriff made the order, the sheriff.

Commencement Information

I65 Sch. 7 para. 8 not in force at Royal Assent, see s. 255(10)(c)

Appeals S

9 (1) The adult or the Chief Constable of the Police Service of Scotland may appeal to the relevant court against a decision made—

(a) on an application under paragraph 3 (applications for CCE prevention orders);

(b) under paragraph 4 (interim CCE prevention orders);

(c) on an application under paragraph 7 (variation and discharge of CCE prevention orders made on application);

(d) on an application under paragraph 8 (variation and discharge of CCE prevention orders made in criminal proceedings).

(2) In this paragraph “relevant court” means—

(a) in the case of a decision of a sheriff court, the Sheriff Appeal Court;

(b) in the case of a decision of the High Court, the High Court.

(3) On an appeal under sub-paragraph (1) the relevant court may make—

(a) such orders as may be necessary to give effect to its determination of the appeal, and

(b) such incidental and consequential orders as appear to it to be appropriate.

(4) Where a CCE prevention order is made by virtue of sub-paragraph (1)(b), (c), (d) or (e) of paragraph 1, the order is taken to be a sentence for the purposes of any appeal.

(5) Where a CCE prevention order is made on appeal, for the purposes of this Schedule (other than this paragraph) the order is to be treated as made by the court from which the appeal was made.

Commencement Information

I66 Sch. 7 para. 9 not in force at Royal Assent, see s. 255(10)(c)

Offence of breaching CCE prevention order S

10 (1) A person who, without reasonable excuse, fails to comply with an order mentioned in sub-paragraph (2) commits an offence.

(2) The orders are—

(a) a CCE prevention order;

(b) a CCE prevention order under Chapter 1 of Part 4 (CCE prevention orders on application or acquittal etc. in England and Wales);

(c) a CCE prevention order under Chapter 2A of Part 11 of the Sentencing Code (CCE prevention orders on conviction in England and Wales);

(d) a CCE prevention order under Schedule 8 (CCE prevention orders in Northern Ireland).

(3) A person who commits an offence under this paragraph is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).

(4) The Scottish Ministers may by regulations amend sub-paragraph (2) so as to add to or remove from the list of orders any relevant UK order.

(5) In proceedings for an offence under this paragraph, a copy of the original order mentioned in sub-paragraph (2), certified by the proper officer of the court that made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those matters is admissible in those proceedings.

(6) “Relevant UK order” means an order under the law of England and Wales or Northern Ireland which appears to the Scottish Ministers to be equivalent or similar to a CCE prevention order.

Commencement Information

I67 Sch. 7 para. 10 not in force at Royal Assent, see s. 255(10)(c)

Offences relating to notifications S

11 (1) This paragraph applies where a CCE prevention order requires a person to comply with paragraph 6 (notification requirements).

(2) The person commits an offence if—

(a) without reasonable excuse, they fail to comply with that paragraph, or

(b) in purported compliance with that paragraph, they notify to the police any information which they know to be false.

(3) A person who commits an offence under this paragraph is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).

(4) A person commits an offence under sub-paragraph (2)(a) on the day on which they first fail, without reasonable excuse, to comply with paragraph 6.

(5) The person continues to commit the offence throughout any period during which the failure continues.

(6) But the person may not be prosecuted more than once in respect of the same failure.

(7) Paragraph 10(5) applies for the purposes of this paragraph.

Commencement Information

I68 Sch. 7 para. 11 not in force at Royal Assent, see s. 255(10)(c)

Interpretation S

12 In this Schedule—

• “adult” has the meaning given by paragraph 1;

• “CCE prevention order”, except in paragraph 10(2)(b) to (d), means an order under paragraph 2 (and accordingly includes an interim order made by virtue of paragraph 4);

• “engaging in child criminal exploitation” has the meaning given by paragraph 1 (and related expressions are to be construed accordingly);

• “High Court” means the High Court of Justiciary.

Commencement Information

I69 Sch. 7 para. 12 not in force at Royal Assent, see s. 255(10)(c)

Prospective

Section 64(2)

Schedule 8 N.I. CCE prevention orders: Northern Ireland

Power to make CCE prevention order N.I.

1 (1) This paragraph applies if—

(a) an application for a CCE prevention order in respect of a person is made to a magistrates’ court, in accordance with paragraph 3,

(b) a person is acquitted of any offence by or before a court,

(c) the County Court allows a person’s appeal against a conviction for any offence,

(d) a court deals with a person in respect of a finding that—

(i) the person is not guilty of any offence by reason of insanity, or

(ii) the person is unfit to plead and has done the act charged against them in respect of any offence, or

(e) a court deals with a person convicted of an offence for that offence.

(2) The court may make an order under paragraph 2 (a “CCE prevention order”) in respect of the person (“the defendant”) if they are aged 18 or over and the conditions in sub-paragraphs (3) to (5) are met.

(3) The first condition is that—

(a) in any case, the court is satisfied on the balance of probabilities that the defendant has engaged in child criminal exploitation or in conduct associated with child criminal exploitation, or

(b) in a case within paragraph (d) or (e) of sub-paragraph (1), the offence in question is an offence under section 48.

(4) The second condition is that the court considers that there is a risk that the defendant will engage in child criminal exploitation.

(5) The third condition is that the court considers that it is necessary to make the order to prevent the defendant from engaging, or reduce the likelihood of the defendant engaging, in child criminal exploitation.

(6) In sub-paragraph (3)—

(a) in paragraph (a), the reference to engaging in anything includes engaging in it before (as well as after) the time when this paragraph comes into force;

(b) paragraph (b) applies in relation to findings made in respect of conduct occurring before (as well as after) that time.

(7) In this paragraph—

(a) a reference to the defendant “engaging in child criminal exploitation” is to the defendant—

(i) doing anything that constitutes an offence under section 48 (as it has effect in Northern Ireland), or

(ii) doing anything in England and Wales or Scotland that would constitute an offence under section 48 (as it has effect in Northern Ireland) if done in Northern Ireland;

(b) a reference to the defendant “engaging in conduct associated with child criminal exploitation” is to the adult doing anything, in any part of the United Kingdom, that is associated with the doing of anything within paragraph (a)(i) or (ii).

Commencement Information

I70 Sch. 8 para. 1 not in force at Royal Assent, see s. 255(8)

CCE prevention orders N.I.

2 (1) A CCE prevention order is an order which—

(a) prohibits the defendant from doing anything described in the order;

(b) requires the defendant to do anything described in the order.

The order may in particular require the defendant to comply with paragraph 7 (notification requirements).

(2) A court may include a prohibition or requirement only if it considers it necessary for the purpose of preventing the defendant from engaging, or reducing the likelihood of the defendant engaging, in child criminal exploitation.

(3) Prohibitions and requirements must, so far as practicable, be such as to avoid—

(a) any conflict with any religious beliefs of the defendant;

(b) any interference with the times, if any, at which the defendant normally works or attends any educational establishment;

(c) any conflict with the prohibitions and requirements of any other court order or injunction to which the defendant is subject.

(4) A prohibition or requirement applies throughout the United Kingdom unless expressly limited to a particular area.

(5) A CCE prevention order must—

(a) specify the period for which it has effect, which must be—

(i) at least five years in a case within paragraph 1(1)(e);

(ii) at least two years in any other case, or

(b) state that it has effect until further order.

(6) Where, in a case within paragraph 1(1)(e)—

(a) the defendant has been remanded in or committed to custody by an order of a court, or

(b) a custodial sentence has been imposed on the defendant or the defendant is serving or otherwise subject to a such a sentence,

a CCE prevention order may provide that it does not take effect until the defendant is released from custody or ceases to be subject to a custodial sentence.

(7) A CCE prevention order may specify periods for which particular prohibitions or requirements have effect.

(8) Where a court makes a CCE prevention order in respect of a defendant who is already subject to such an order, the earlier order ceases to have effect.

Commencement Information

I71 Sch. 8 para. 2 not in force at Royal Assent, see s. 255(8)

Applications for CCE prevention orders N.I.

3 An application for a CCE prevention order may be made by the Chief Constable of the Police Service of Northern Ireland.

Commencement Information

I72 Sch. 8 para. 3 not in force at Royal Assent, see s. 255(8)

Applications without notice N.I.

4 (1) An application for a CCE prevention order may be made without notice to the defendant.

(2) If an application is made without notice the court must do one of the following—

(a) adjourn the proceedings and make an interim CCE prevention order (see paragraph 5);

(b) adjourn the proceedings without making an interim order;

(c) dismiss the application.

Commencement Information

I73 Sch. 8 para. 4 not in force at Royal Assent, see s. 255(8)

Interim CCE prevention orders N.I.

5 (1) This paragraph applies where the court adjourns the hearing of an application (whether made with or without notice) for a CCE prevention order.

(2) The court may, if it considers it necessary to do so, make a CCE prevention order lasting for a fixed period or until the determination of the application (an “interim CCE prevention order”).

Paragraph 2(5) does not apply in relation to an interim CCE prevention order.

(3) The only requirement that may be imposed by an interim CCE prevention order on the defendant is a requirement to comply with paragraph 7 (notification requirements).

(4) Subject to that, the court has the same powers in relation to an interim CCE prevention order as in relation to an order made at a final hearing.

(5) An interim CCE prevention order made at a hearing of which the defendant was not given notice takes effect on being served on the defendant.

(6) Nothing in sub-paragraph (2) prevents the variation of the duration of an interim CCE prevention order, or the discharge of such an order, under paragraph 8.

Commencement Information

I74 Sch. 8 para. 5 not in force at Royal Assent, see s. 255(8)

Procedural powers where no application made N.I.

6 (1) This paragraph applies in the circumstances mentioned in sub-paragraph (1)(b), (c), (d) or (e) of paragraph 1.

(2) For the purpose of deciding whether to make a CCE prevention order, the court may consider evidence led by the prosecution and evidence led by the defendant.

(3) It does not matter whether the evidence would have been admissible in the proceedings giving rise to the circumstances referred to in sub-paragraph (1).

(4) The court may adjourn any proceedings relating to the making of a CCE prevention order.

(5) If the defendant does not appear for any adjourned proceedings, the court may—

(a) further adjourn the proceedings,

(b) issue a warrant for the defendant’s arrest, or

(c) hear the proceedings in the defendant’s absence.

(6) The court may act under sub-paragraph (5)(b) only if satisfied that the defendant has had adequate notice of the time and place of the adjourned proceedings.

(7) The court may act under sub-paragraph (5)(c) only if satisfied that the defendant—

(a) has had adequate notice of the time and place of the adjourned proceedings, and

(b) has been informed that if the defendant does not appear for those proceedings, the court may hear the proceedings in the defendant’s absence.

(8) Nothing in this paragraph limits any other powers of the court.

Commencement Information

I75 Sch. 8 para. 6 not in force at Royal Assent, see s. 255(8)

Notification requirements N.I.

7 (1) This paragraph applies where a CCE prevention order requires the defendant to comply with this paragraph.

(2) Before the end of the period of three days beginning with the day on which a CCE prevention order requiring the defendant to comply with this paragraph is first served, the defendant must notify to the police—

(a) the defendant’s name and, where the defendant uses one or more other names, each of those names, and

(b) the defendant’s home address.

(3) If, while the defendant is required to comply with this paragraph, the defendant—

(a) uses a name which has not been notified under the order, or

(b) changes home address,

the defendant must notify, to the police, the new name or the new home address.

(4) A notification under sub-paragraph (3) must be given before the end of the period of three days beginning with the day on which the defendant uses the name or changes home address.

(5) A notification under this paragraph is made—

(a) by attending at any police station in Northern Ireland and giving an oral notification to a constable, or to a person authorised for the purpose by the officer in charge of the station, or

(b) in a way specified in the CCE prevention order.

(6) A notification under this paragraph must be acknowledged in writing.

(7) In this paragraph “home address” means—

(a) the address of the defendant’s sole or main residence in the United Kingdom, or

(b) where the defendant has no such residence, the address or location of a place in the United Kingdom where the defendant can regularly be found and, if there is more than one such place, such one of those places as the defendant may select.

(8) In determining the period of three days mentioned in sub-paragraph (2) or (4), no account is to be taken of any time when the defendant is—

(a) lawfully detained or otherwise lawfully deprived of their liberty, in the United Kingdom, or

(b) outside the United Kingdom.

Commencement Information

I76 Sch. 8 para. 7 not in force at Royal Assent, see s. 255(8)

Variation and discharge of CCE prevention orders N.I.

8 (1) This paragraph applies where a person mentioned in sub-paragraph (2) applies to a relevant court for the variation or discharge of a CCE prevention order.

(2) The persons are—

(a) the defendant;

(b) the Chief Constable of the Police Service of Northern Ireland.

(3) On the application, the court may (after hearing from the applicant and any other person mentioned in sub-paragraph (2) who wishes to be heard) make any order varying or discharging the order that the court considers appropriate.

This is subject to sub-paragraph (7).

(4) The power to vary an order includes power to—

(a) include an additional prohibition or requirement;

(b) extend the period for which a prohibition or requirement has effect;

(c) extend the period for which the order has effect.

(5) The court may make provision of a kind mentioned in sub-paragraph (4) only if it considers that the provision is necessary to prevent the defendant from engaging, or reduce the likelihood of the defendant engaging, in child criminal exploitation.

(6) Sub-paragraphs (3), (4) and (7) of paragraph 2 apply to additional prohibitions or requirements included on a variation of an order.

(7) The court may not, without the consent of the defendant and the Chief Constable of the Police Service of Northern Ireland, discharge an order before the end of the period of—

(a) five years beginning with the day on which the order was made, in the case of an order made in the circumstances mentioned in paragraph 1(1)(e);

(b) two years beginning with the day on which the order was made, in any other case.

This sub-paragraph does not apply to an interim CCE prevention order.

(8) In this paragraph “relevant court” means—

(a) where the Crown Court or Court of Appeal made the order, the Crown Court;

(b) in any other case, the magistrates’ court.

Commencement Information

I77 Sch. 8 para. 8 not in force at Royal Assent, see s. 255(8)

Appeals N.I.

9 (1) The defendant or the Chief Constable of the Police Service of Northern Ireland may appeal to the relevant court against a decision made—

(a) on an application under paragraph 3 (applications for CCE prevention orders);

(b) under paragraph 5 (interim CCE prevention orders);

(c) on an application under paragraph 8 (variation and discharge of CCE prevention orders).

(2) In this paragraph “relevant court” means—

(a) in the case of a decision of the Crown Court, the Court of Appeal;

(b) in any other case, the County Court.

(3) On an appeal under sub-paragraph (1) the relevant court may make—

(a) such orders as may be necessary to give effect to its determination of the appeal, and

(b) such incidental and consequential orders as appear to it to be appropriate.

(4) Where a CCE prevention order is made by virtue of sub-paragraph (1)(b), (c) or (d) of paragraph 1, the defendant may appeal against the making of the order (so far as they could not otherwise do) as if the defendant had been convicted of the offence and the order were a sentence passed on the defendant for the offence.

(5) Where a CCE prevention order is made by virtue of sub-paragraph (1)(e) of paragraph 1, the defendant may appeal against the making of the order as if the order were a sentence passed on the defendant for the offence.

(6) Where a CCE prevention order is made on appeal, for the purposes of this Schedule (other than this paragraph) the order is to be treated as made by the court from which the appeal was made.

(7) Rules of court may provide that an appeal from a decision—

(a) to dismiss an application for a CCE prevention order made without notice being given to the defendant, or

(b) to refuse to make an interim CCE prevention order when adjourning proceedings following such an application,

may be made without notice being given to the defendant.

Commencement Information

I78 Sch. 8 para. 9 not in force at Royal Assent, see s. 255(8)

Offence of breaching CCE prevention order N.I.

10 (1) A person who, without reasonable excuse, fails to comply with an order mentioned in sub-paragraph (2) commits an offence.

(2) The orders are—

(a) a CCE prevention order;

(b) a CCE prevention order under Chapter 1 of Part 4 (CCE prevention orders on application or acquittal etc. in England and Wales);

(c) a CCE prevention order under Chapter 2A of Part 11 of the Sentencing Code (CCE prevention orders on conviction in England and Wales);

(d) a CCE prevention order under Schedule 7 (CCE prevention orders in Scotland).

(3) A person who commits an offence under this paragraph is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).

(4) Where a person is convicted of an offence under this paragraph, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.

(5) In proceedings for an offence under this paragraph, a copy of the original order mentioned in sub-paragraph (2), certified by the proper officer of the court that made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those matters is admissible in those proceedings.

(6) The Department of Justice in Northern Ireland may by regulations amend sub-paragraph (2) so as to add to or remove from the list of orders any relevant UK order.

(7) “Relevant UK order” means an order under the law of England and Wales or Scotland which appears to the Department of Justice to be equivalent or similar to a CCE prevention order.

(8) In Article 4(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) after “2015” insert “or paragraph 10 of Schedule 8 to the Crime and Policing Act 2026”.

Commencement Information

I79 Sch. 8 para. 10 not in force at Royal Assent, see s. 255(8)

Offences relating to notifications N.I.

11 (1) This paragraph applies where a CCE prevention order requires a person to comply with paragraph 7 (notification requirements).

(2) The person commits an offence if—

(a) without reasonable excuse, they fail to comply with that paragraph, or

(b) in purported compliance with that paragraph, they notify to the police any information which they know to be false.

(3) A person who commits an offence under this paragraph is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).

(4) A person commits an offence under sub-paragraph (2)(a) on the day on which they first fail, without reasonable excuse, to comply with paragraph 7.

(5) The person continues to commit the offence throughout any period during which the failure continues.

(6) But the person may not be prosecuted more than once in respect of the same failure.

(7) Paragraph 10(5) applies for the purposes of this paragraph.

Commencement Information

I80 Sch. 8 para. 11 not in force at Royal Assent, see s. 255(8)

Special measures for witnesses N.I.

12 (1) Part 2 of the Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8)) (special measures directions in the case of vulnerable and intimidated witnesses) applies to relevant proceedings under this Schedule as it applies to criminal proceedings, but with—

(a) the omission of Articles 5(4) to (5), 9(4C)(e), 10A and 20 of that Order (which make provision appropriate only in the context of criminal proceedings), and

(b) any other necessary modifications.

(2) Rules of court made under or for the purposes of Part 2 of that Order apply to relevant proceedings under this Schedule—

(a) to the extent provided by rules of court, and

(b) subject to any modifications provided by rules of court.

(3) In this paragraph “relevant proceedings under this Schedule” means any proceedings under this Schedule except proceedings relating to an offence under paragraph 10 or 11.

Commencement Information

I81 Sch. 8 para. 12 not in force at Royal Assent, see s. 255(8)

Interpretation and supplementary provision N.I.

13 (1) In this Schedule—

• “CCE prevention order”, except in paragraph 10(2)(b) to (d), means an order under paragraph 2 (and accordingly includes an interim order made by virtue of paragraph 5);

• “defendant” has the same meaning as in paragraph 1;

• “engaging in child criminal exploitation” has the meaning given by paragraph 1 (and related expressions are to be construed accordingly).

(2) An application under this Schedule is to be made—

(a) by complaint, where the application is made to a magistrates’ court;

(b) in accordance with rules of court, in any other case.

(3) Article 78 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (time limit for civil complaints) does not apply to a complaint under this Schedule.

(4) On the hearing of an application under this Schedule, Article 118 of that Order (summons to witness and warrant for arrest) does not apply in relation to any person for whose protection the order is sought, except where the person has given oral or written evidence at the hearing.

Commencement Information

I82 Sch. 8 para. 13 not in force at Royal Assent, see s. 255(8)

Prospective

Section 65

Schedule 9 U.K. Control over another’s home for criminal purposes: relevant offences

Part 1 U.K. England and Wales

1 U.K. An offence under section 33 or 33A of the Sexual Offences Act 1956 (keeping a brothel).

Commencement Information

I83 Sch. 9 para. 1 not in force at Royal Assent, see s. 255(1)

2 U.K. An offence under section 1 of the Restriction of Offensive Weapons Act 1959 (offences relating to flick knives and gravity knives).

Commencement Information

I84 Sch. 9 para. 2 not in force at Royal Assent, see s. 255(1)

3 U.K. An offence under any of the following provisions of the Firearms Act 1968—

(a) section 1(1) (possession etc of firearms or ammunition without certificate);

(b) section 2(1) (possession etc of shotgun without certificate);

(c) section 3(1) (dealing etc in firearms or ammunition without being registered);

(d) section 5(1), (1A) or (2A) (possession, manufacture etc of prohibited weapons).

Commencement Information

I85 Sch. 9 para. 3 not in force at Royal Assent, see s. 255(1)

4 U.K. An offence under either of the following provisions of the Theft Act 1968—

(a) section 1 (theft);

(b) section 22 (handling stolen goods).

Commencement Information

I86 Sch. 9 para. 4 not in force at Royal Assent, see s. 255(1)

5 U.K. An offence under any of the following provisions of the Misuse of Drugs Act 1971—

(a) section 4(2) or (3) (production and supply of controlled drugs);

(b) section 5(2) or (3) (possession of controlled drugs, including with intent to supply to another);

(c) section 6(2) (cultivation of cannabis plant).

Commencement Information

I87 Sch. 9 para. 5 not in force at Royal Assent, see s. 255(1)

6 U.K. An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).

Commencement Information

I88 Sch. 9 para. 6 not in force at Royal Assent, see s. 255(1)

7 U.K. An offence under either of the following provisions of the Criminal Justice Act 1988—

(a) section 141 (offensive weapons);

(b) section 160 (possession of indecent image of child).

Commencement Information

I89 Sch. 9 para. 7 not in force at Royal Assent, see s. 255(1)

8 U.K. An offence under any of the following provisions of the Sexual Offences Act 2003—

(a) any of sections 1 to 15A (rape, sexual assault, child sex offences etc);

(b) any of sections 30 to 37 (offences against persons with mental disorder);

(c) any of sections 47 to 50 (sexual exploitation of children);

(d) any of sections 52 to 53A (offences relating to prostitution);

(e) section 61 (administering a substance with intent);

(f) any of sections 66 to 67 (exposure, intimate images, voyeurism).

Commencement Information

I90 Sch. 9 para. 8 not in force at Royal Assent, see s. 255(1)

9 U.K. An offence under any of the following provisions of the Fraud Act 2006—

(a) section 1 (fraud);

(b) section 6 (possession etc of article for use in fraud);

(c) section 7 (making or supplying article for use in fraud).

Commencement Information

I91 Sch. 9 para. 9 not in force at Royal Assent, see s. 255(1)

10 U.K. An offence under section 28 of the Violent Crime Reduction Act 2006 (using someone to mind a weapon).

Commencement Information

I92 Sch. 9 para. 10 not in force at Royal Assent, see s. 255(1)

11 U.K. An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic image).

Commencement Information

I93 Sch. 9 para. 11 not in force at Royal Assent, see s. 255(1)

12 U.K. An offence under section 62 of the Coroners and Justice Act 2009 (possession of prohibited image of child).

Commencement Information

I94 Sch. 9 para. 12 not in force at Royal Assent, see s. 255(1)

13 U.K. An offence under either of the following provisions of the Modern Slavery Act 2015—

(a) section 1 (slavery, servitude or forced or compulsory labour);

(b) section 2 (human trafficking).

Commencement Information

I95 Sch. 9 para. 13 not in force at Royal Assent, see s. 255(1)

14 U.K. An offence under either of the following provisions of the Serious Crime Act 2015—

(a) section 45 (participating in activities of organised crime group);

(b) section 69 (possession of paedophile manual).

Commencement Information

I96 Sch. 9 para. 14 not in force at Royal Assent, see s. 255(1)

15 U.K. An offence under any of the following provisions of the Psychoactive Substances Act 2016—

(a) section 4 (producing psychoactive substance);

(b) section 5 (supplying etc psychoactive substance);

(c) section 7 (possession of psychoactive substance with intent to supply).

Commencement Information

I97 Sch. 9 para. 15 not in force at Royal Assent, see s. 255(1)

16 U.K. An offence under section 43 of the Border Security, Asylum and Immigration Act 2025 (possession etc of article for use in serious crime).

Commencement Information

I98 Sch. 9 para. 16 not in force at Royal Assent, see s. 255(1)

17 U.K. An offence under any of the following provisions of this Act—

(a) section 48 (child criminal exploitation);

(b) section 68 (causing internal concealment of item for criminal purpose).

Commencement Information

I99 Sch. 9 para. 17 not in force at Royal Assent, see s. 255(1)

18 U.K. An inchoate offence (within the meaning of section 398(3) of the Sentencing Code) in relation to an offence mentioned in a preceding paragraph of this Schedule.

Commencement Information

I100 Sch. 9 para. 18 not in force at Royal Assent, see s. 255(1)

Part 2 U.K. Scotland

19 U.K. Theft.

Commencement Information

I101 Sch. 9 para. 19 not in force at Royal Assent, see s. 255(1)

20 U.K. Reset.

Commencement Information

I102 Sch. 9 para. 20 not in force at Royal Assent, see s. 255(1)

21 U.K. Fraud.

Commencement Information

I103 Sch. 9 para. 21 not in force at Royal Assent, see s. 255(1)

22 U.K. Uttering.

Commencement Information

I104 Sch. 9 para. 22 not in force at Royal Assent, see s. 255(1)

23 U.K. Embezzlement.

Commencement Information

I105 Sch. 9 para. 23 not in force at Royal Assent, see s. 255(1)

24 U.K. An offence under section 1 of the Restriction of Offensive Weapons Act 1959 (offences relating to flick knives and gravity knives).

Commencement Information

I106 Sch. 9 para. 24 not in force at Royal Assent, see s. 255(1)

25 U.K. An offence under any of the following provisions of the Firearms Act 1968—

(a) section 1(1) (possession etc of firearms or ammunition without certificate);

(b) section 2(1) (possession etc of shotgun without certificate);

(c) section 3(1) (dealing etc in firearms or ammunition without being registered);

(d) section 5(1), (1A) or (2A) (possession, manufacture etc of prohibited weapons).

Commencement Information

I107 Sch. 9 para. 25 not in force at Royal Assent, see s. 255(1)

26 U.K. An offence under any of the following provisions of the Misuse of Drugs Act 1971—

(a) section 4(2) or (3) (production and supply of controlled drugs);

(b) section 5(2) or (3) (possession of controlled drugs, including with intent to supply to another);

(c) section 6(2) (cultivation of cannabis plant).

Commencement Information

I108 Sch. 9 para. 26 not in force at Royal Assent, see s. 255(1)

27 U.K. An offence under any of the following provisions of the Civic Government (Scotland) Act 1982—

(a) section 51A (extreme pornography);

(b) section 52 (indecent photographs etc of children);

(c) section 52A (possession of indecent photographs of children).

Commencement Information

I109 Sch. 9 para. 27 not in force at Royal Assent, see s. 255(1)

28 U.K. An offence under section 141 of the Criminal Justice Act 1988 (offensive weapons).

Commencement Information

I110 Sch. 9 para. 28 not in force at Royal Assent, see s. 255(1)

29 U.K. An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—

(a) section 7 (procuring);

(b) section 8 (abduction and unlawful detention);

(c) section 9 (permitting girl to use premises for intercourse);

(d) section 10 (seduction, prostitution etc of girl under 16);

(e) section 11(1)(a), (4) or (5)(a) (living on earnings of prostitution, brothel keeping etc);

(f) section 13 (living on the earnings of male prostitution).

Commencement Information

I111 Sch. 9 para. 29 not in force at Royal Assent, see s. 255(1)

30 U.K. An offence under any of the following provisions of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005—

(a) section 1 (meeting a child following certain preliminary contact);

(b) section 9 (paying for sexual services of a child);

(c) section 10 (causing or inciting provision of sexual services by child or child pornography);

(d) section 11 (controlling a child providing sexual services or involved in pornography);

(e) section 12 (arranging or facilitating provision by child of sexual services or child pornography).

Commencement Information

I112 Sch. 9 para. 30 not in force at Royal Assent, see s. 255(1)

31 U.K. An offence under section 28 of the Violent Crime Reduction Act 2006 (using someone to mind a weapon).

Commencement Information

I113 Sch. 9 para. 31 not in force at Royal Assent, see s. 255(1)

32 U.K. An offence under Part 1 (rape, sexual assault etc) or Part 4 (offences against children) of the Sexual Offences (Scotland) Act 2009.

Commencement Information

I114 Sch. 9 para. 32 not in force at Royal Assent, see s. 255(1)

33 U.K. An offence under either of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—

(a) section 28 (involvement in serious organised crime);

(b) section 30 (directing serious organised crime).

Commencement Information

I115 Sch. 9 para. 33 not in force at Royal Assent, see s. 255(1)

34 U.K. An offence under either of the following provisions of the Air Weapons and Licensing (Scotland) Act 2015—

(a) section 2(1) (possession etc of air weapon without certificate);

(b) section 24(1) (dealing etc in air weapons without being registered).

Commencement Information

I116 Sch. 9 para. 34 not in force at Royal Assent, see s. 255(1)

35 U.K. An offence under either of the following provisions of the Human Trafficking and Exploitation (Scotland) Act 2015—

(a) section 1 (offence of human trafficking);

(b) section 4 (slavery, servitude and forced or compulsory labour).

Commencement Information

I117 Sch. 9 para. 35 not in force at Royal Assent, see s. 255(1)

36 U.K. An offence under any of the following provisions of the Psychoactive Substances Act 2016—

(a) section 4 (producing psychoactive substance);

(b) section 5 (supplying etc psychoactive substance);

(c) section 7 (possession of psychoactive substance with intent to supply).

Commencement Information

I118 Sch. 9 para. 36 not in force at Royal Assent, see s. 255(1)

37 U.K. An offence under section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (disclosing or threatening to disclose an intimate photograph or film).

Commencement Information

I119 Sch. 9 para. 37 not in force at Royal Assent, see s. 255(1)

38 U.K. An offence under section 43 of the Border Security, Asylum and Immigration Act 2025 (possession etc of article for use in serious crime).

Commencement Information

I120 Sch. 9 para. 38 not in force at Royal Assent, see s. 255(1)

39 U.K. An offence under section 48 of this Act (child criminal exploitation).

Commencement Information

I121 Sch. 9 para. 39 not in force at Royal Assent, see s. 255(1)

40 U.K. Attempting or conspiring to commit an offence specified in this Part of this Schedule (a “relevant offence”).

Commencement Information

I122 Sch. 9 para. 40 not in force at Royal Assent, see s. 255(1)

41 U.K. Inciting a person to commit a relevant offence.

Commencement Information

I123 Sch. 9 para. 41 not in force at Royal Assent, see s. 255(1)

42 U.K. Aiding, abetting, counselling or procuring the commission of a relevant offence, or being involved art and part in the commission of such an offence.

Commencement Information

I124 Sch. 9 para. 42 not in force at Royal Assent, see s. 255(1)

Part 3 U.K. Northern Ireland

43 U.K. An offence under either of the following provisions of the Theft Act (Northern Ireland) 1969—

(a) section 1 (theft);

(b) section 21 (handling stolen goods).

Commencement Information

I125 Sch. 9 para. 43 not in force at Royal Assent, see s. 255(1)

44 U.K. An offence under any of the following provisions of the Misuse of Drugs Act 1971—

(a) section 4(2) or (3) (production and supply of controlled drugs);

(b) section 5(2) or (3) (possession of controlled drugs, including with intent to supply to another);

(c) section 6(2) (cultivation of cannabis plant).

Commencement Information

I126 Sch. 9 para. 44 not in force at Royal Assent, see s. 255(1)

45 U.K. An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs of children).

Commencement Information

I127 Sch. 9 para. 45 not in force at Royal Assent, see s. 255(1)

46 U.K. An offence under section 141 of the Criminal Justice Act 1988 (offensive weapons).

Commencement Information

I128 Sch. 9 para. 46 not in force at Royal Assent, see s. 255(1)

47 U.K. An offence under Article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (possession of indecent photograph of child).

Commencement Information

I129 Sch. 9 para. 47 not in force at Royal Assent, see s. 255(1)

48 U.K. An offence under Article 53 of the Criminal Justice (Northern Ireland) Order 1996 (manufacture or sale etc of certain knives).

Commencement Information

I130 Sch. 9 para. 48 not in force at Royal Assent, see s. 255(1)

49 U.K. An offence under any of the following provisions of the Firearms (Northern Ireland) Order 2004—

(a) Article 3(1) or (2) (possession etc of firearm or ammunition without certificate);

(b) Article 24(1) (dealing etc in firearms or ammunition without certificate);

(c) Article 45(1) or (2) (weapons subject to general prohibition).

Commencement Information

I131 Sch. 9 para. 49 not in force at Royal Assent, see s. 255(1)

50 U.K. An offence under any of the following provisions of the Fraud Act 2006—

(a) section 1 (fraud);

(b) section 6 (possession etc of article for use in fraud);

(c) section 7 (making or supplying article for use in fraud).

Commencement Information

I132 Sch. 9 para. 50 not in force at Royal Assent, see s. 255(1)

51 U.K. An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic image).

Commencement Information

I133 Sch. 9 para. 51 not in force at Royal Assent, see s. 255(1)

52 U.K. An offence under any of the following provisions of the Sexual Offences (Northern Ireland) Order 2008—

(a) any of Articles 5 to 22E (rape, sexual assault, child sex offences etc);

(b) any of Articles 37 to 40 (abuse of children under 18: payment for sexual services and involvement in indecent images);

(c) any of Articles 43 to 50 (offences against persons with a mental disorder);

(d) any of Articles 62 to 64A (exploitation of prostitution);

(e) Article 65 (administering a substance with intent);

(f) Article 70, 71 or 72A (exposure, voyeurism, sending etc. unwanted sexual image).

Commencement Information

I134 Sch. 9 para. 52 not in force at Royal Assent, see s. 255(1)

53 U.K. An offence under section 62 of the Coroners and Justice Act 2009 (possession of prohibited image of child).

Commencement Information

I135 Sch. 9 para. 53 not in force at Royal Assent, see s. 255(1)

54 U.K. An offence under either of the following provisions of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015—

(a) section 1 (slavery, servitude and forced or compulsory labour);

(b) section 2 (human trafficking).

Commencement Information

I136 Sch. 9 para. 54 not in force at Royal Assent, see s. 255(1)

55 U.K. An offence under section 69 of the Serious Crime Act 2015 (possession of paedophile manual).

Commencement Information

I137 Sch. 9 para. 55 not in force at Royal Assent, see s. 255(1)

56 U.K. An offence under any of the following provisions of the Psychoactive Substances Act 2016—

(a) section 4 (producing psychoactive substance);

(b) section 5 (supplying etc psychoactive substance);

(c) section 7 (possession of psychoactive substance with intent to supply).

Commencement Information

I138 Sch. 9 para. 56 not in force at Royal Assent, see s. 255(1)

57 U.K. An offence under paragraph 1 of Schedule 2 to the Violent Crime Reduction Act 2006 (using someone to mind a weapon).

Commencement Information

I139 Sch. 9 para. 57 not in force at Royal Assent, see s. 255(1)

58 U.K. An offence under section 51 of the Justice Act (Northern Ireland) 2016 (disclosing private sexual photographs and films with intent to cause distress).

Commencement Information

I140 Sch. 9 para. 58 not in force at Royal Assent, see s. 255(1)

59 U.K. An offence under section 43 of the Border Security, Asylum and Immigration Act 2025 (possession etc of article for use in serious crime).

Commencement Information

I141 Sch. 9 para. 59 not in force at Royal Assent, see s. 255(1)

60 U.K. An offence under section 48 of this Act (child criminal exploitation).

Commencement Information

I142 Sch. 9 para. 60 not in force at Royal Assent, see s. 255(1)

61 U.K. An attempt or conspiracy to commit an offence mentioned in a preceding paragraph of this Part of this Schedule (“a relevant offence”).

Commencement Information

I143 Sch. 9 para. 61 not in force at Royal Assent, see s. 255(1)

62 U.K. An offence under Part 2 of the Serious Crime Act 2007 in relation to a relevant offence.

Commencement Information

I144 Sch. 9 para. 62 not in force at Royal Assent, see s. 255(1)

Prospective

Section 77

Schedule 10 U.K. Online facilitation of child sexual exploitation and abuse: specified offences

Part 1 U.K. England and Wales

1 U.K. An offence under any of—

(a) section 1 of the Protection of Children Act 1978 (taking etc indecent photograph of child);

(b) section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child);

(c) the following provisions of the Sexual Offences Act 2003—

(i) sections 5 to 8 (rape and other offences against children under 13);

(ii) sections 8A to 8C (rape and other offences against children under 16);

(iii) sections 9 to 15A (other child sex offences);

(iv) sections 16 to 19 (abuse of position of trust);

(v) sections 25 and 26 (familial child sex offences);

(vi) section 46A (child sexual abuse image-generators);

(vii) sections 47 to 50 (sexual exploitation of children);

(d) section 62 of the Coroners and Justice Act 2009 (possession of prohibited image of child);

(e) section 69 of the Serious Crime Act 2015 (possession of paedophile manual).

Commencement Information

I145 Sch. 10 para. 1 not in force at Royal Assent, see s. 255(1)

2 U.K. An offence under any of the following provisions of the Sexual Offences Act 2003 where the victim, or intended victim, was aged under 18—

(a) sections 1 to 4 (rape, assault and causing sexual activity without consent);

(b) sections 30 to 41 (sexual offences relating to persons with mental disorder);

(c) sections 61 to 63 (preparatory offences);

(d) sections 66 to 66B, 67 and 67A (exposure and voyeurism).

Commencement Information

I146 Sch. 10 para. 2 not in force at Royal Assent, see s. 255(1)

3 U.K. An offence under section 2 of the Modern Slavery Act 2015 (human trafficking) against a person aged under 18, committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).

Commencement Information

I147 Sch. 10 para. 3 not in force at Royal Assent, see s. 255(1)

4 U.K. An inchoate offence (within the meaning given by section 398 of the Sentencing Code) in relation to an offence specified in paragraph 1, 2 or 3.

Commencement Information

I148 Sch. 10 para. 4 not in force at Royal Assent, see s. 255(1)

Part 2 U.K. Scotland

5 U.K. An offence under any of—

(a) sections 51, 51A, 52, 52A and 52D of the Civic Government (Scotland) Act 1982 (obscene material, extreme pornography, indecent photographs of children and child sexual abuse image-generators);

(b) sections 9 and 10 of the Criminal Law (Consolidation) (Scotland) Act 1995 (permitting girl to use premises for intercourse and seduction, prostitution, etc., of girl under 16);

(c) sections 1 and 9 to 12 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) (meeting a child following certain preliminary contact, sexual services of children and child pornography);

(d) the following provisions of the Sexual Offences (Scotland) Act 2009 (asp 9)—

(i) Part 4 (children);

(ii) section 42 (sexual abuse of trust).

Commencement Information

I149 Sch. 10 para. 5 not in force at Royal Assent, see s. 255(1)

6 U.K. An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995 where the victim, or intended victim, was aged under 18—

(a) section 1 (incest);

(b) section 2 (intercourse with step-child);

(c) section 7 (procuring).

Commencement Information

I150 Sch. 10 para. 6 not in force at Royal Assent, see s. 255(1)

7 U.K. An offence under any of the following provisions of the Sexual Offences (Scotland) Act 2009 (asp 9) where the victim, or intended victim, was aged under 18—

(a) Part 1 (rape etc);

(b) section 46 (sexual abuse of trust of a mentally disordered person).

Commencement Information

I151 Sch. 10 para. 7 not in force at Royal Assent, see s. 255(1)

8 U.K. An offence under section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) (human trafficking) against a person aged under 18, committed with a view to exploitation that consists of or includes behaviour within section 3(3) to (5) of that Act (prostitution and sexual exploitation).

Commencement Information

I152 Sch. 10 para. 8 not in force at Royal Assent, see s. 255(1)

9 U.K. Attempting or conspiring to commit an offence specified in paragraph 5, 6, 7 or 8.

Commencement Information

I153 Sch. 10 para. 9 not in force at Royal Assent, see s. 255(1)

10 U.K. Inciting a person to commit an offence specified in paragraph 5, 6, 7 or 8.

Commencement Information

I154 Sch. 10 para. 10 not in force at Royal Assent, see s. 255(1)

11 U.K. Aiding, abetting, counselling or procuring the commission of an offence specified in paragraph 5, 6, 7 or 8, or being involved art and part in the commission of such an offence.

Commencement Information

I155 Sch. 10 para. 11 not in force at Royal Assent, see s. 255(1)

Part 3 U.K. Northern Ireland

12 U.K. An offence under any of—

(a) Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children);

(b) Article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (possession of indecent photographs of children);

(c) the following provisions of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2))—

(i) Articles 12 to 15 (rape and other offences against children under 13);

(ii) Articles 16 to 22E (child sex offences);

(iii) Articles 23 to 26 (abuse of position of trust);

(iv) Articles 32 and 33 (familial child sex offences);

(v) Articles 37 to 40 (sexual offences against children);

(vi) Article 42A (child sexual abuse image-generators);

(d) section 62 of the Coroners and Justice Act 2009 (possession of prohibited image of child);

(e) section 69 of the Serious Crime Act 2015 (possession of paedophile manual).

Commencement Information

I156 Sch. 10 para. 12 not in force at Royal Assent, see s. 255(1)

13 U.K. An offence under any of the following provisions of the Sexual Offences (Northern Ireland) Order 2008 where the victim, or intended victim, was aged under 18—

(a) Articles 5 to 8 (rape, assault and causing sexual activity without consent);

(b) Part 4 (sexual offences against a person with a mental disorder);

(c) Articles 65 to 67 (preparatory offences);

(d) Articles 70 to 71B (exposure and voyeurism);

(e) Article 72A (sending etc an unwanted sexual image).

Commencement Information

I157 Sch. 10 para. 13 not in force at Royal Assent, see s. 255(1)

14 U.K. An offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)) (human trafficking) against a person aged under 18, committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).

Commencement Information

I158 Sch. 10 para. 14 not in force at Royal Assent, see s. 255(1)

15 U.K. An attempt or conspiracy to commit an offence specified in paragraph 12, 13 or 14.

Commencement Information

I159 Sch. 10 para. 15 not in force at Royal Assent, see s. 255(1)

16 U.K. An offence under Part 2 of the Serious Crime Act 2007 in relation to an offence specified in paragraph 12, 13 or 14.

Commencement Information

I160 Sch. 10 para. 16 not in force at Royal Assent, see s. 255(1)

Prospective

Section 81

Schedule 11 U.K. Sexual offences against children under 16: consequential amendments

Firearms Act 1968 (c.27) E+W+S

1 (1) Paragraph 6 of Schedule 1 to the Firearms Act 1968 (offences to which section 17(2) applies) is amended as follows.

(2) In paragraph (f), for “(3)(a) to (d)” substitute “(2)(a) to (d)”.

(3) After paragraph (f) insert—

“(fa) section 8A (rape of a child under 16);

(fb) section 8B (assault of a child under 16 by penetration);

(fc) section 8C (causing or inciting a child under 16 to engage in sexual activity involving penetration), where the activity was caused;”.

Commencement Information

I161 Sch. 11 para. 1 not in force at Royal Assent, see s. 255(1)

Internationally Protected Persons Act 1978 (c.17) U.K.

2 (1) Section 1(1A) of the Internationally Protected Persons Act 1978 (offences for purposes of section 1) is amended as follows.

(2) In paragraph (e), for “(3)(a) to (d)” substitute “(2)(a) to (d)”.

(3) After paragraph (e) insert—

“(ea) an offence under section 8A or 8B of that Act;

(eb) an offence under section 8C of that Act, where the activity involving penetration was caused;”.

Commencement Information

I162 Sch. 11 para. 2 not in force at Royal Assent, see s. 255(1)

Suppression of Terrorism Act 1978 (c.26) U.K.

3 (1) Paragraph 9 of Schedule 1 to the Suppression of Terrorism Act 1978 is amended as follows.

(2) In paragraph (d), for “(3)(a) to (d)” substitute “(2)(a) to (d)”.

(3) After paragraph (d) insert—

“(da) section 8A or 8B (rape of a child under 16; assault of a child under 16 by penetration);

(db) section 8C (causing or inciting a child under 16 to engage in sexual activity involving penetration), where the activity was caused;”.

Commencement Information

I163 Sch. 11 para. 3 not in force at Royal Assent, see s. 255(1)

Criminal Justice Act 1982 (c. 48) E+W

4 (1) Part 2 of Schedule 1 to the Criminal Justice Act 1982 (early release of prisoners: excluded offences) is amended as follows.

(2) In the entry for section 8 of the Sexual Offences Act 2003, for “(3)(a) to (d)” substitute “(2)(a) to (d)”.

(3) After the entry for section 8 of the Sexual Offences Act 2003 insert—

• “Section 8A (rape of a child under 16).

• Section 8B (assault of a child under 16 by penetration).

• Section 8C (causing or inciting a child under 16 to engage in sexual activity involving penetration), where the activity was caused.”

Commencement Information

I164 Sch. 11 para. 4 not in force at Royal Assent, see s. 255(1)

Children Act 1989 (c. 41) E+W

5 In Schedule ZA1 to the Children Act 1989 (serious sexual offences for the purposes of section 10C), in paragraph 3 after paragraph (h) insert—

“(ha) section 8A (rape of a child under 16);

(hb) section 8B (assault of a child under 16 by penetration);

(hc) section 8C (causing or inciting a child under 16 to engage in sexual activity involving penetration);”.

Commencement Information

I165 Sch. 11 para. 5 not in force at Royal Assent, see s. 255(1)

Criminal Justice and Public Order Act 1994 (c. 33) E+W

6 (1) Section 25(2) of the Criminal Justice and Public Order Act 1994 (offences to which bail restrictions apply) is amended as follows.

(2) In paragraph (k), for “(3)(a) to (d)” substitute “(2)(a) to (d)”.

(3) After paragraph (k) insert—

“(ka) an offence under section 8A of that Act (rape of a child under 16);

(kb) an offence under section 8B of that Act (assault of a child under 16 by penetration);

(kc) an offence under section 8C of that Act (causing or inciting a child under 16 to engage in sexual activity involving penetration), where the activity was caused;”.

Commencement Information

I166 Sch. 11 para. 6 not in force at Royal Assent, see s. 255(1)

Criminal Injuries Compensation Act 1995 (c. 53) U.K.

7 In section 11(9) of the Criminal Injuries Compensation Act 1995 (definition of “rape”), for “or 5” substitute “, 5 or 8A”.

Commencement Information

I167 Sch. 11 para. 7 not in force at Royal Assent, see s. 255(1)

Crime (Sentences) Act 1997 (c. 43) U.K.

8 In section 32ZAB(1) of the Crime (Sentences) Act 1997 (specified offences for purposes of section 32ZAA), after paragraph (f) insert—

“(fa) an offence under section 8A of that Act (rape of a child under 16);”.

Commencement Information

I168 Sch. 11 para. 8 not in force at Royal Assent, see s. 255(1)

Criminal Justice Act 2003 (c. 44) U.K.

9 (1) The Criminal Justice Act 2003 is amended as follows.

(2) In section 256AZBB(1) (specified offences for purposes of section 256AZBA), after paragraph (e) insert—

“(ea) an offence under section 8A of that Act (rape of a child under 16);”.

(3) In Schedule 4 (qualifying offences for purposes of section 62), after paragraph 16 insert—

Rape of a child under 16

16A An offence under section 8A of the Sexual Offences Act 2003.

Attempted rape of a child under 16

16B An offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence under section 8A of the Sexual Offences Act 2003.

Assault of a child under 16 by penetration

16C An offence under section 8B of the Sexual Offences Act 2003.

Causing a child under 16 to engage in sexual activity involving penetration

16D An offence under section 8C of the Sexual Offences Act 2003 where it is alleged that the activity was caused.”

(4) In Schedule 5 (qualifying offences for purposes of Part 10) after paragraph 15 insert—

Rape of a child under 16

15A An offence under section 8A of the Sexual Offences Act 2003.

Attempted rape of a child under 16

15B An offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence under section 8A of the Sexual Offences Act 2003.

Assault of a child under 16 by penetration

15C An offence under section 8B of the Sexual Offences Act 2003.

Causing a child under 16 to engage in sexual activity involving penetration

15D An offence under section 8C of the Sexual Offences Act 2003 where it is alleged that the activity was caused.”

(5) In Part 2 of Schedule 15 (specified sexual offences for purposes of sections 244ZA and 325) after paragraph 109 insert—

“109A An offence under section 8A of that Act (rape of a child under 16).

109B An offence under section 8B of that Act (assault of a child under 16 by penetration).

109C An offence under section 8C of that Act (causing or inciting a child under 16 to engage in sexual activity involving penetration).”

(6) In paragraph 7 of Schedule 34A (child sex offences for purposes of section 327A), after paragraph (a) insert—

“(aa) sections 8A to 8C of that Act (rape and other offences against children under 16);”.

Commencement Information

I169 Sch. 11 para. 9 not in force at Royal Assent, see s. 255(1)

Anti-social Behaviour, Crime and Policing Act 2014 (c.12) E+W

10 In section 116(8)(a) of the Anti-social Behaviour, Crime and Policing Act 2014 (offences constituting child sexual exploitation), after the entry for sections 5 to 8 of the Sexual Offences Act 2003 insert—

• “sections 8A to 8C (rape and other offences against children under 16);”.

Commencement Information

I170 Sch. 11 para. 10 not in force at Royal Assent, see s. 255(1)

Modern Slavery Act 2015 (c.30) E+W

11 In paragraph 33 of Schedule 4 to the Modern Slavery Act 2015 (sexual offences to which defence in section 45 does not apply), after the entry for section 8 insert—

• “section 8A (rape of child under 16)

• section 8B (assault of child under 16 by penetration)

• section 8C (causing or inciting child under 16 to engage in sexual activity involving penetration)”.

Commencement Information

I171 Sch. 11 para. 11 not in force at Royal Assent, see s. 255(1)

Sentencing Act 2020 (c. 17) E+W

12 (1) The Sentencing Code is amended as follows.

(2) In Part 1 of Schedule 14 (extended sentences: the earlier offence condition: offences), in the table in paragraph 9, after the entry for section 8 of the Sexual Offences Act 2003 insert—

“(ga) Section 8A (rape of a child under 16)
(gb) Section 8B (assault of a child under 16 by penetration)
(gc) Section 8C (causing or inciting a child under 16 to engage in sexual activity involving penetration)”.

(3) In Part 1 of Schedule 15 (life sentence for second offence: listed offences), in paragraph 9, after the entry for section 8 of the Sexual Offences Act 2003 insert—

“(ga) section 8A (rape of a child under 16)	The date on which section 8A comes into force
(gb) section 8B (assault of a child under 16 by penetration)	The date on which section 8B comes into force
(gc) section 8C (causing or inciting a child under 16 to engage in sexual activity involving penetration)	The date on which section 8C comes into force”

(4) In Part 2 of Schedule 18 (specified sexual offences for purposes of section 306), in paragraph 38 after paragraph (h) insert—

“(ha) section 8A (rape of a child under 16);

(hb) section 8B (assault of a child under 16 by penetration);

(hc) section 8C (causing or inciting a child under 16 to engage in sexual activity involving penetration);”.

(5) In Schedule 19 (specified offences carrying maximum sentence of imprisonment for life), in the table in paragraph 20, after the entry for section 8 of the Sexual Offences Act 2003 insert—

“(fa) Section 8A (rape of a child under 16)
(fb) Section 8B (assault of a child under 16 by penetration)
(fc) Section 8C (causing or inciting a child under 16 to engage in sexual activity involving penetration)”.

Commencement Information

I172 Sch. 11 para. 12 not in force at Royal Assent, see s. 255(1)

Prospective

Section 85

Schedule 12 E+W Duty to report child sex offences: child sex offences and further relevant activities

Part 1 E+W Child sex offences

1 E+W An offence under any of—

(a) section 1 of the Protection of Children Act 1978 (taking etc indecent photograph of child);

(b) section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child);

(c) the following provisions of the Sexual Offences Act 2003—

(i) sections 5 to 8 (rape and other offences against children under 13);

(ii) sections 8A to 8C (rape and other offences against children under 16);

(iii) sections 9 to 15A (other child sex offences);

(iv) sections 16 to 19 (abuse of position of trust);

(v) sections 25 and 26 (familial child sex offences);

(vi) sections 47 to 50 (sexual exploitation of children);

(d) section 62 of the Coroners and Justice Act 2009 (possession of prohibited image of child).

Commencement Information

I173 Sch. 12 para. 1 not in force at Royal Assent, see s. 255(1)

2 E+W An offence under any of the following provisions of the Sexual Offences Act 2003 where the victim, or intended victim, was a child—

(a) sections 1 to 4 (rape, assault and causing sexual activity without consent);

(b) sections 30 to 41 (sexual offences relating to persons with mental disorder);

(c) sections 61 to 63 (preparatory offences);

(d) sections 66 to 66B, 67 or 67A (offences relating to exposure, intimate images and voyeurism).

Commencement Information

I174 Sch. 12 para. 2 not in force at Royal Assent, see s. 255(1)

3 E+W An offence under section 2 of the Modern Slavery Act 2015 (human trafficking) against a child, committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).

Commencement Information

I175 Sch. 12 para. 3 not in force at Royal Assent, see s. 255(1)

4 E+W An inchoate offence (within the meaning given by section 398 of the Sentencing Code) in relation to an offence referred to in paragraph 1, 2 or 3.

Commencement Information

I176 Sch. 12 para. 4 not in force at Royal Assent, see s. 255(1)

5 E+W An offence under the law of Scotland, Northern Ireland or any country or territory outside the United Kingdom which would be an offence referred to in a preceding provision of this Part of this Schedule if the conduct constituting the offence occurred in England and Wales.

Commencement Information

I177 Sch. 12 para. 5 not in force at Royal Assent, see s. 255(1)

Part 2 E+W Further relevant activities

6 E+W Engaging in the provision of a service to a child under, or pursuant to anything done under—

(a) any of sections 8 to 10 of the Employment and Training Act 1973, or

(b) section 68, 70(1)(b) or 74 of the Education and Skills Act 2008,

if that involves looking after the child on an individual basis.

Commencement Information

I178 Sch. 12 para. 6 not in force at Royal Assent, see s. 255(1)

7 E+W Activities of a person in the exercise of functions of a local authority under section 20 or 21 of the Children Act 1989, if the person has regular contact with the child concerned in the course of those activities.

Commencement Information

I179 Sch. 12 para. 7 not in force at Royal Assent, see s. 255(1)

8 E+W Activities of a person relating to them reporting to the court under section 7 of the Children Act 1989 on matters relating to the welfare of a child, if the person has regular contact with the child in the course of those activities.

Commencement Information

I180 Sch. 12 para. 8 not in force at Royal Assent, see s. 255(1)

9 E+W Activities of a person in connection with a placement under section 22C(5) of the Children Act 1989, if the person looks after the child concerned on an individual basis in the course of those activities.

Commencement Information

I181 Sch. 12 para. 9 not in force at Royal Assent, see s. 255(1)

10 E+W Activities of a person in connection with providing a child with, or maintaining a child in, suitable accommodation under section 23B(8)(b) of the Children Act 1989, if the person looks after the child on an individual basis in the course of those activities.

Commencement Information

I182 Sch. 12 para. 10 not in force at Royal Assent, see s. 255(1)

11 E+W Acting as a personal adviser for a child under section 23B(2) of, or paragraph 19C of Schedule 2 to, the Children Act 1989, if that involves looking after the child on an individual basis when so acting.

Commencement Information

I183 Sch. 12 para. 11 not in force at Royal Assent, see s. 255(1)

12 E+W Activities of a person in connection with the provision of accommodation for a child by a voluntary organisation under section 59 of the Children Act 1989, if the person looks after the child on an individual basis in the course of those activities.

Commencement Information

I184 Sch. 12 para. 12 not in force at Royal Assent, see s. 255(1)

13 E+W Activities of a person in the exercise of functions conferred by virtue of a care order, supervision order or education supervision order, if the person looks after the child concerned on an individual basis in the course of those activities.

Commencement Information

I185 Sch. 12 para. 13 not in force at Royal Assent, see s. 255(1)

14 E+W Activities of a person so far as acting as—

(a) an officer appointed for a child under section 41(1) of the Children Act 1989,

(b) a guardian of a child appointed under rule 6 or rule 18 of the Adoption Rules 1984 (S.I. 1984/265),

(c) a guardian ad litem of a child appointed under rule 9.5 of the Family Proceedings Rules 1991 (S.I. 1991/1247), or

(d) a guardian of a child appointed under rule 59 of the Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795) or rule 16.3(1)(ii) or rule 16.4 of the Family Procedure Rules 2010 (S.I. 2010/2955),

if the person has regular contact with the child in the course of those activities.

Commencement Information

I186 Sch. 12 para. 14 not in force at Royal Assent, see s. 255(1)

15 E+W Activities of a person pursuant to requirements imposed on a child—

(a) by or under an enactment on the child’s release from detention for a criminal offence, or

(b) by a court order made in criminal proceedings,

if the person looks after the child on an individual basis in the course of those activities.

Commencement Information

I187 Sch. 12 para. 15 not in force at Royal Assent, see s. 255(1)

16 E+W Activities of a constable of a relevant police force carried out in connection with their holding of that office.

Commencement Information

I188 Sch. 12 para. 16 not in force at Royal Assent, see s. 255(1)

17 E+W Activities of a person in connection with training, supervising or instructing a child for the purposes of a religion or belief, if the person has regular contact with the child in the course of those activities.

Commencement Information

I189 Sch. 12 para. 17 not in force at Royal Assent, see s. 255(1)

18 E+W For the purposes of this Part of this Schedule, a person “looks after a child on an individual basis” if—

(a) the person is regularly involved in caring for, training or supervising the child, and

(b) in the course of the person’s involvement, the person has regular contact with the child.

Commencement Information

I190 Sch. 12 para. 18 not in force at Royal Assent, see s. 255(1)

19 E+W In this Part of this Schedule—

• “care order” has the same meaning as in the Children Act 1989;

• “education supervision order” has the meaning given by section 36 of the Children Act 1989;

• “regular contact” means any kind of contact (whether or not the contact is face to face) on more than 3 days in any period of 30 days;

• “relevant police force” means—

  (a)

  a police force maintained for a police area in England,

  (b)

  the British Transport Police Force, or

  (c)

  the Ministry of Defence police;

• “supervision order” has the meaning given by section 31(11) of the Children Act 1989.

Commencement Information

I191 Sch. 12 para. 19 not in force at Royal Assent, see s. 255(1)

Section 98

Schedule 13 U.K. Offences relating to semen-defaced images, intimate photographs or films and voyeurism

Prospective

Part 1 U.K. Amendments of the Sexual Offences Act 2003

1 E+W The Sexual Offences Act 2003 is amended as follows.

Commencement Information

I192 Sch. 13 para. 1 not in force at Royal Assent, see s. 255(1)

2 E+W After section 66A insert—

“66AA Sharing semen-defaced image

(1) A person (A) commits an offence if—

(a) A intentionally shares a semen-defaced image of another person (B),

(b) B does not consent to the sharing of the semen-defaced image, and

(c) A does not reasonably believe that B consents.

(2) A “semen-defaced image” of a person (B) is—

(a) a photograph or film which—

(i) shows, or appears to show, B, and

(ii) has, or appears to have, semen on it or in its immediate vicinity, or

(b) a photograph or film of a photograph or film within paragraph (a).

(3) “Photograph” includes the negative as well as the positive version.

(4) “Film” means a moving image.

(5) References to a photograph or film also include—

(a) an image, whether made or altered by computer graphics or in any other way, which appears to be a photograph or film,

(b) a copy of a photograph, film or image within paragraph (a), and

(c) data stored by any means which is capable of conversion into a photograph, film or image within paragraph (a).

(6) A person “shares” a semen-defaced image if the person, by any means, gives or shows it to another person or makes it available to another person.

(7) But a provider of an internet service by means of which a semen-defaced image is shared is not to be regarded as a person who shares it.

(8) For the purposes of subsection (1)—

(a) “consent” to the sharing of a semen-defaced image includes general consent covering the particular act of sharing as well as specific consent to the particular act of sharing, and

(b) whether a belief is reasonable is to be determined having regard to all the circumstances including any steps A has taken to ascertain whether B consents.

(9) It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for sharing the semen-defaced image.

(10) A person (A) who shares a semen-defaced image of another person (B) does not commit an offence under subsection (1) if—

(a) the semen-defaced image had, or A reasonably believes that it had, been previously publicly shared, and

(b) B had, or A reasonably believes that A had, consented to the previous sharing.

(11) A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).”

Commencement Information

I193 Sch. 13 para. 2 not in force at Royal Assent, see s. 255(1)

3 E+W After section 66AA (inserted by paragraph 2) insert—

“66AB Taking or recording intimate photograph or film

(1) A person (A) commits an offence if—

(a) A intentionally takes a photograph, or records a film, which shows another person (B) in an intimate state,

(b) B does not consent to the taking or recording of the photograph or film, and

(c) A does not reasonably believe that B consents.

(2) A person (A) commits an offence if—

(a) A intentionally takes a photograph, or records a film, which shows another person (B) in an intimate state,

(b) A does so with the intention of causing B alarm, distress or humiliation, and

(c) B does not consent to the taking or recording of the photograph or film.

(3) A person (A) commits an offence if—

(a) A intentionally takes a photograph, or records a film, which shows another person (B) in an intimate state,

(b) A does so for the purpose of A or another person obtaining sexual gratification,

(c) B does not consent to the taking or recording of the photograph or film, and

(d) A does not reasonably believe that B consents.

(4) Subsections (1) to (3) are subject to section 66AC (exemptions).

(5) It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for taking the photograph or recording the film.

(6) Sections 75 and 76 apply to an offence under this section.

(7) A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).

(8) A person who commits an offence under subsection (2) or (3) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.

(9) If on the trial of a person charged with an offence under subsection (2) or (3) a magistrates’ court or jury finds the person not guilty of the offence charged, the magistrates’ court or jury may find the person guilty of an offence under subsection (1).

(10) The Crown Court has the same powers and duties in relation to a person who is by virtue of subsection (9) convicted before it of an offence under subsection (1) as a magistrates’ court would have on convicting the person of the offence.

66AC Taking or recording intimate photograph or film: exemptions

(1) A person (A) who takes a photograph, or records a film, which shows another person (B) in an intimate state does not commit an offence under section 66AB(1), (2) or (3) if—

(a) the photograph or film is, or A reasonably believes that it is, taken or recorded in a place to which the public or a section of the public have or are permitted to have access (whether on payment or otherwise),

(b) B has no reasonable expectation of privacy from the photograph or film being taken or recorded, and

(c) B is, or A reasonably believes that B is, in the intimate state voluntarily.

(2) For the purposes of subsection (1)(b), whether a person has a reasonable expectation of privacy from a photograph or film being taken or recorded is to be determined by reference to the circumstances that the person taking the photograph or recording the film reasonably believes to exist at the time the photograph or film is taken or recorded.

(3) A person (A) who takes a photograph, or records a film, which shows another person (B) in an intimate state does not commit an offence under section 66AB(1) if—

(a) B is a person under 16,

(b) B lacks, or A reasonably believes that B lacks, capacity to consent to the taking or recording of the photograph or film, and

(c) the photograph or film is taken or recorded—

(i) by a healthcare professional acting in that capacity, or

(ii) otherwise in connection with the care or treatment of B by a healthcare professional.

(4) A person (A) who takes a photograph, or records a film, which shows a child in an intimate state does not commit an offence under section 66AB(1) if—

(a) A is—

(i) a member of the child’s family, or

(ii) a friend of the child or the child’s family, and

(b) the photograph or film is of a kind ordinarily taken or recorded by such a person.

66AD Installing etc. equipment to enable taking or recording of intimate photograph or film

(1) A person (A) commits an offence if A instals, adapts, prepares or maintains equipment with the intention of enabling A or another person to commit an offence under section 66AB(1).

(2) A person (A) commits an offence if A instals, adapts, prepares or maintains equipment with the intention of enabling A or another person to commit an offence under section 66AB(2) or (3).

(3) A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).

(4) A person who commits an offence under subsection (2) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.

(5) If on the trial of a person charged with an offence under subsection (2) a magistrates’ court or jury finds the person not guilty of the offence charged, the magistrates’ court or jury may find the person guilty of an offence under subsection (1).

(6) The Crown Court has the same powers and duties in relation to a person who is by virtue of subsection (5) convicted before it of an offence under subsection (1) as a magistrates’ court would have on convicting the person of the offence.

66AE Creating a copy of intimate photograph or film shared temporarily

(1) A person (A) commits an offence if—

(a) another person (B)—

(i) shares with A a photograph or film which shows, or appears to show, B in an intimate state, and

(ii) does so in such a way that A can view the photograph or film for a limited time, but cannot send it to another person,

(b) A intentionally creates a copy of the photograph or film that A can view at other times,

(c) A knows that the photograph or film is shared with A by B,

(d) B does not consent to the creation of the copy, and

(e) A does not reasonably believe that B consents to the creation of the copy.

(2) For the purposes of subsection (1)(a)(ii)—

(a) the cases in which A can view the photograph or film for a limited time include the case where A can view it for as long as B allows A to do so;

(b) sending the photograph or film to another person does not include showing it to another person.

(3) References in this section to creating a copy of a photograph or a film include—

(a) creating a copy of part of a photograph or film, or

(b) creating a copy of a photograph or film with modifications,

where the copy shows, or appears to show, B in the intimate state in which B is shown, or appears to be shown, in the photograph or film.

(4) Subsection (1) is subject to section 66AF (exemptions).

(5) It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for creating the copy.

(6) Section 76 applies to an offence under this section.

(7) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).

66AF Creating a copy of intimate photograph or film shared temporarily: exemptions

(1) A person (A) does not commit an offence under section 66AE(1) in relation to a photograph or film shared with A if—

(a) the photograph or film was, or A reasonably believes that it was, taken or recorded in a place to which the public or a section of the public had or were permitted to have access (whether on payment or otherwise),

(b) the person the photograph or film shows, or appears to show, in an intimate state (B) had no reasonable expectation of privacy from such a photograph or film being taken or recorded, and

(c) B was, or A reasonably believes that B was, in the intimate state voluntarily.

(2) For the purposes of subsection (1)(b), whether a person had a reasonable expectation of privacy from a photograph or film being taken or recorded is to be determined by reference to the circumstances that A reasonably believes to have existed at the time the photograph or film was taken or recorded.

(3) A person (A) does not commit an offence under section 66AE(1) in relation to a photograph or film shared with A if—

(a) the photograph or film had, or A reasonably believes that the photograph or film had, been previously publicly shared, and

(b) B had, or A reasonably believes that B had, consented to the previous sharing.”

Commencement Information

I194 Sch. 13 para. 3 not in force at Royal Assent, see s. 255(1)

4 (1) Section 66B (sharing or threatening to share intimate photograph or film) is amended as follows. E+W

(2) After subsection (5) insert—

“(5A) Section 76 applies to an offence under subsection (1), (2) or (3).”

(3) Omit subsections (6) and (11).

Commencement Information

I195 Sch. 13 para. 4 not in force at Royal Assent, see s. 255(1)

5 E+W In section 66C (sharing or threatening to share intimate photograph or film: exemptions)—

(a) in subsection (1)—

(i) in paragraph (a), for “taken” substitute “, or A reasonably believes that it was, taken or recorded”, and

(ii) in paragraph (b), after “taken” insert “or recorded”, and

(b) in subsection (2), after “taken” (in both places) insert “or recorded”.

Commencement Information

I196 Sch. 13 para. 5 not in force at Royal Assent, see s. 255(1)

6 (1) Section 66D (sharing or threatening to share intimate photograph or film: interpretation) is amended as follows. E+W

(2) In subsection (1), for “66B and” substitute “66AB to”.

(3) In subsection (3), at the end insert “, or as a person with whom it is shared”.

(4) For subsection (4) substitute—

“(4) “Photograph” includes the negative as well as the positive version.

(4A) “Film” means a moving image.

(4B) For the purposes of sections 66AE, 66AF, 66B and 66C, references to a photograph or film also include—

(a) an image, whether made or altered by computer graphics or in any other way, which appears to be a photograph or film,

(b) a copy of a photograph, film or image within paragraph (a), and

(c) data stored by any means which is capable of conversion into a photograph, film or image within paragraph (a).”

(5) After subsection (9) insert—

“(10) For the purposes of section 66AB(1) to (3), 66AE(1), 66AF(3)(b), 66B(1) to (3) and 66C(3)(b)—

(a) “consent” to the taking, recording, sharing or creating a copy of a photograph or film includes general consent covering the particular act of taking, recording, sharing or creating a copy as well as specific consent to the particular act of taking, recording, sharing or creating a copy, and

(b) whether a belief is reasonable is to be determined having regard to all the circumstances including any steps A has taken to ascertain whether B consents.”

(6) For the heading, substitute “Sections 66AB to 66C: interpretation”.

Commencement Information

I197 Sch. 13 para. 6 not in force at Royal Assent, see s. 255(1)

7 E+W In section 66G (definitions for purposes of sections 66E and 66F), omit subsection (8).

Commencement Information

I198 Sch. 13 para. 7 not in force at Royal Assent, see s. 255(1)

8 E+W In section 66H (time limits for prosecuting summary offences)—

(a) in subsection (1), for “under section 66E or 66F” substitute “to which this section applies”;

(b) after subsection (1) insert—

“(1A) This section applies to offences under—

(a) section 66AA;

(b) section 66AB(1);

(c) section 66AD(1);

(d) section 66AE;

(e) section 66B(1);

(f) section 66E;

(g) section 66F.”;

(c) for the heading substitute “Semen-defaced images and intimate images: time limit for prosecution of summary offences”.

Commencement Information

I199 Sch. 13 para. 8 not in force at Royal Assent, see s. 255(1)

9 E+W In section 67 (voyeurism), omit subsection (3).

Commencement Information

I200 Sch. 13 para. 9 not in force at Royal Assent, see s. 255(1)

10 E+W In section 67A (voyeurism: additional offences)—

(a) omit subsection (2), and

(b) after subsection (3B) insert—

“(3C) Section 76 applies to an offence under subsection (2B).”

Commencement Information

I201 Sch. 13 para. 10 not in force at Royal Assent, see s. 255(1)

11 (1) Section 77 (sections 75 and 76: relevant acts) is amended as follows. E+W

(2) For “sections 75 and 76 apply” substitute “section 75 or 76 applies”.

(3) For “those sections” substitute “that section”.

(4) In the table, after the last row insert—

“An offence under section 66AB(1), (2) or (3) (taking or recording an intimate photograph or film)	The defendant intentionally taking a photograph, or recording a film, which shows another person (“the complainant”) in an intimate state.
An offence under section 66AE(1) (creating copy of intimate photograph or film shared temporarily)	The defendant intentionally creating a copy of the photograph or film in question.
An offence under section 66B(1), (2) or (3) (sharing an intimate photograph or film)	The defendant intentionally sharing a photograph or film which shows, or appears to show, another person (“the complainant”) in an intimate state.
An offence under section 67A(2B) (voyeurism: recording image of person breast-feeding a child)	The defendant recording an image of another (“the complainant”) while the complainant is breast-feeding a child.”

Commencement Information

I202 Sch. 13 para. 11 not in force at Royal Assent, see s. 255(1)

12 E+W In section 78 (meaning of “sexual”), for “66B” substitute “66AB”.

Commencement Information

I203 Sch. 13 para. 12 not in force at Royal Assent, see s. 255(1)

13 E+W In section 79 (Part 1: general interpretation), after subsection (10) insert—

“(11) The “maximum term for summary offences”, in relation to an offence, means—

(a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months;

(b) if the offence is committed after that time, 51 weeks.”

Commencement Information

I204 Sch. 13 para. 13 not in force at Royal Assent, see s. 255(1)

14 E+W In section 136A(3A) (specified child sex offences), in paragraph (c), after “66A,” insert “66AB(2) and (3), 66AD(2),”.

Commencement Information

I205 Sch. 13 para. 14 not in force at Royal Assent, see s. 255(1)

15 E+W In Schedule 2 (sexual offences to which section 72(1) to (3) applies), in paragraph 1(a), for “and 47 to 50” substitute “, 47 to 50, 66AB(2) and (3), and 66B(2), (3) and (4)”.

Commencement Information

I206 Sch. 13 para. 15 not in force at Royal Assent, see s. 255(1)

16 U.K. In Schedule 3 (sexual offences for purposes of Part 2), after paragraph 33A insert—

“33AA An offence under section 66AB(3) of this Act (taking or recording intimate photograph or film for purpose of obtaining sexual gratification) if—

(a) where the offender was under 18, the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

(c) made the subject of a community sentence of at least 12 months.

33AB (1) An offence under section 66AD(2) of this Act (installing etc. equipment to enable taking or recording of intimate photograph or film) if—

(a) the offence was committed with the intention of enabling an offence to be committed under section 66AB(3) of this Act (taking or recording intimate photograph or film for purpose of obtaining sexual gratification), and

(b) sub-paragraph (2) applies.

(2) This sub-paragraph applies if—

(a) where the offender was under 18, the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

(c) made the subject of a community sentence of at least 12 months.”

Commencement Information

I207 Sch. 13 para. 16 not in force at Royal Assent, see s. 255(1)

Part 2 U.K. Further amendments in connection with offences

Prospective

Children and Young Persons Act 1933 (c. 12) E+W

17 In Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions of Act apply), in the first entry relating to the Sexual Offences Act 2003, after “66A,” insert “66AB, 66AD,”.

Commencement Information

I208 Sch. 13 para. 17 not in force at Royal Assent, see s. 255(1)

Prospective

Police and Criminal Evidence Act 1984 (c. 60) E+W

18 In section 65A of the Police and Criminal Evidence Act 1984 (“qualifying offences” for the purposes of Part 5 of that Act), in subsection (2)(p) after “66A,” insert “66AB(2) and (3), 66AD(2),”.

Commencement Information

I209 Sch. 13 para. 18 not in force at Royal Assent, see s. 255(1)

Prospective

Criminal Justice Act 2003 (c. 44) E+W

19 (1) The Criminal Justice Act 2003 is amended as follows.

(2) In Part 2 of Schedule 15 (specified sexual offences for purposes of section 325), after paragraph 149A insert—

“149AA An offence under section 66AB(2) or (3) of that Act (taking or recording intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification).

149AB An offence under section 66AD(2) of that Act (installing etc. equipment to enable taking or recording of intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification).”

(3) In Schedule 34A (child sex offences for purposes of section 327A), in paragraph 10—

(a) after “66A,” insert “66AB(2) or (3), 66AD(2),”, and

(b) for the words from “(exposure” to “voyeurism)” substitute “(offences relating to exposure, voyeurism and intimate photographs or films)”.

Commencement Information

I210 Sch. 13 para. 19 not in force at Royal Assent, see s. 255(1)

Prospective

Armed Forces Act 2006 (c. 52) U.K.

20 (1) The Armed Forces Act 2006 is amended as follows.

(2) In section 177DA (treatment of purported intimate images for purposes of deprivation orders)—

(a) in the heading, omit “Purported”;

(b) in subsection (1), for the words from “section 66E” to the end substitute “a provision of the Sexual Offences Act 2003 which is listed in column 1 of the table in subsection (3)”;

(c) in subsection (2)—

(i) for “purported intimate image to which the offence relates” substitute “item specified in column 2 of the table in relation to the corresponding offence”;

(ii) after “the offence”, in the second place it occurs, insert “under section 42”;

(d) after subsection (2) insert—

“(3) This is the table—

Provision of the Sexual Offences Act 2003	Item
Section 66AB(1), (2) or (3)	Photograph or film to which the offence relates
Section 66AE	Copy of a photograph or film to which the offence relates
Section 66E	Purported intimate image to which the offence relates
Section 66F	Purported intimate image which is connected with the offence
Section 67A(2B)	Image to which the offence relates

(4) Where the corresponding offence is an offence under section 66F of the Sexual Offences Act 2003, a purported intimate image is connected with the offence if—

(a) it appears to be of a person who was the subject of the request to which the offence relates (whether or not it is what was requested), and

(b) it was in the offender’s possession, or under the offender’s control, as a result of that request.”

Commencement Information

I211 Sch. 13 para. 20 not in force at Royal Assent, see s. 255(1)

Prospective

Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) E+W

21 In section 116 of the Anti-social Behaviour, Crime and Policing Act 2014 (information about guests at hotels believed to be used for child sexual exploitation), in subsection (8)(c)—

(a) after “66A,” insert “66AB(2) and (3), 66AD(2),”, and

(b) for the words from “(exposure” to “voyeurism)” substitute “(offences relating to exposure, voyeurism and intimate photographs or films)”.

Commencement Information

I212 Sch. 13 para. 21 not in force at Royal Assent, see s. 255(1)

Prospective

Modern Slavery Act 2015 (c. 30) E+W

22 In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 33, after the entry for section 66A insert—

• “section 66AB(2) (taking or recording intimate photograph or film with intent to cause alarm, distress or humiliation)

• section 66AB(3) (taking or recording intimate photograph or film for purpose of obtaining sexual gratification)

• section 66AD(2) (installing etc. equipment to enable taking or recording of intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification)”.

Commencement Information

I213 Sch. 13 para. 22 not in force at Royal Assent, see s. 255(1)

Prospective

Sentencing Code E+W

23 (1) The Sentencing Code is amended as follows.

(2) In section 154A (purported intimate images to be treated as used for purposes of certain offences)—

(a) in the heading, omit “Purported”;

(b) for subsection (1) substitute—

“(1) This section applies where a person commits an offence under a provision of the Sexual Offences Act 2003 which is listed in column 1 of the table in subsection (2A).”;

(c) in subsection (2), for “The purported intimate image to which the offence relates” substitute “The item specified in column 2 of the table in relation to that offence”;

(d) after subsection (2) insert—

“(2A) This is the table—

Provision of the Sexual Offences Act 2003	Item
Section 66AB(1), (2) or (3)	Photograph or film to which the offence relates
Section 66AE	Copy of a photograph or film to which the offence relates
Section 66E	Purported intimate image to which the offence relates
Section 66F	Purported intimate image which is connected with the offence
Section 67A(2B)	Image to which the offence relates”

(e) omit subsections (3) and (4).

(3) In Part 2 of Schedule 18 (specified sexual offences for purposes of section 306), in paragraph 38, after sub-paragraph (axa) insert—

“(axaa) section 66AB(2) (taking or recording intimate photograph or film with intent to cause alarm, distress or humiliation);

(axab) section 66AB(3) (taking or recording intimate photograph or film for purpose of obtaining sexual gratification);

(axac) section 66AD(2) (installing etc. equipment to enable taking or recording of intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification);”.

Commencement Information

I214 Sch. 13 para. 23 not in force at Royal Assent, see s. 255(1)

Online Safety Act 2023 (c. 50) U.K.

24 In Schedule 7 to the Online Safety Act 2023 (priority offences), in paragraph 28A (Sexual Offences Act 2003), at the end insert—

“(c) section 66E (creating purported intimate image of adult);

(d) section 66F (requesting the creation of purported intimate image of adult).”

Commencement Information

I215 Sch. 13 para. 24 not in force at Royal Assent, see s. 255(1)

I216 Sch. 13 para. 24 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z9)

Section 103

Schedule 14 U.K. Intimate image material: reporting and registration

Part 1 U.K. Trusted flaggers

Duty to designate trusted flagger U.K.

1 (1) The Secretary of State may by regulations designate persons as suitable to make intimate image reports to—

(a) providers of internet services, and

(b) providers of internet access services,

for the purpose of assisting the providers to make judgments about whether content is intimate image content.

(2) An intimate image report is—

(a) a report that—

(i) content identified in the report is a photograph or film which shows, or appears to show, a person (P) in an intimate state, and

(ii) P, or a person acting on P’s behalf, has informed the person making the report that P does not consent to the sharing of the photograph or film, or

(b) a report of information provided to the person making the report by virtue of regulations under paragraph 2.

(3) The Secretary of State must exercise the power in sub-paragraph (1) to designate at least one person.

(4) The duty in sub-paragraph (3) ceases to apply if Secretary of State makes regulations under paragraph 3.

(5) Terms used in sub-paragraph (2)(a) and in section 66B of the Sexual Offences Act 2003 have the same meaning in sub-paragraph (2)(a) as in section 66B.

Commencement Information

I217 Sch. 14 para. 1 not in force at Royal Assent, see s. 255(1)

I218 Sch. 14 para. 1 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z10)

Duties to report intimate image content to trusted flagger U.K.

2 (1) The Secretary of State may by regulations amend the Online Safety Act 2023 for, or in connection with, the imposition on providers of regulated services of duties relating to the provision of intimate image information to a person designated under paragraph 1.

(2) In this paragraph “intimate image information” means information generated by the provider for the purposes of identifying content which the provider considers to be intimate image content.

(3) The regulations may require intimate image information to be provided in a particular form (for example, a hash code).

(4) The provisions of the Online Safety Act 2023 that may be amended by regulations under this paragraph include, but are not limited to, section 131(2) (enforceable requirements).

Commencement Information

I219 Sch. 14 para. 2 not in force at Royal Assent, see s. 255(1)

I220 Sch. 14 para. 2 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z10)

Part 2 U.K. The intimate image register

The intimate image register U.K.

3 (1) The Secretary of State may by regulations make provision for or in connection with a register of intimate image material (the “intimate image register”).

(2) “Intimate image material” means material which—

(a) is intimate image content, or

(b) would be intimate image content if it were shared on an internet service.

(3) In this Part of this Schedule “intimate image content” has the meaning given by section 59 of the Online Safety Act 2023, except that section 59 applies as if subsections (13) and (14) (“intimate image content” on user-to-user services limited to user-generated content) were omitted.

Commencement Information

I221 Sch. 14 para. 3 not in force at Royal Assent, see s. 255(1)

I222 Sch. 14 para. 3 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z10)

The registrar U.K.

4 (1) The regulations may provide for the intimate image register to be maintained by—

(a) a person specified in the regulations,

(b) an individual appointed by the Secretary of State in accordance with the regulations, or

(c) the Secretary of State.

(2) Regulations under sub-paragraph (1)(b) may make provision about the terms on which an individual is appointed, including provision—

(a) for the payment of remuneration, allowances and expenses by the Secretary of State;

(b) for staff, accommodation and other facilities to be provided by the Secretary of State.

(3) The person who maintains the intimate image register is referred to in this Schedule as the registrar.

Commencement Information

I223 Sch. 14 para. 4 not in force at Royal Assent, see s. 255(1)

I224 Sch. 14 para. 4 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z10)

Operation of intimate image register U.K.

5 The regulations may make provision about—

(a) the form in which information is to be recorded on the intimate image register (which may in particular include hash codes);

(b) how material is to be reported to the registrar;

(c) how the registrar is to make judgments about whether material is intimate image material (which may in particular include provision similar to section 192(5) and (6) of the Online Safety Act 2023);

(d) how the registrar is to deal with reports that the registrar considers to be frivolous, vexatious or made in bad faith;

(e) appeals against decisions of the registrar;

(f) the sharing of information on the intimate image register with—

(i) providers of internet services and internet access services, and

(ii) other persons,

for purposes specified in the regulations.

Commencement Information

I225 Sch. 14 para. 5 not in force at Royal Assent, see s. 255(1)

I226 Sch. 14 para. 5 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z10)

Payment of fees to registrar U.K.

6 (1) The regulations may require providers of internet services and internet access services to pay fees to the registrar, as a means of recovering the costs incurred by the registrar in exercising functions under the regulations.

(2) The regulations may in particular make provision—

(a) for fees to be paid in respect of specified periods;

(b) for different fees to be payable by different providers.

Commencement Information

I227 Sch. 14 para. 6 not in force at Royal Assent, see s. 255(1)

I228 Sch. 14 para. 6 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z10)

Duties of providers of internet services and internet access services U.K.

7 (1) The regulations may make provision for or in connection with imposing on providers of internet services duties relating to—

(a) the provision of intimate image information to the registrar;

(b) taking down content recorded on the intimate image register;

(c) preventing persons from encountering content recorded on the intimate image register.

(2) The Secretary of State may by regulations make provision for or in connection with imposing on providers of internet access services duties relating to preventing access to content recorded on the intimate image register.

(3) In this paragraph “intimate image information” means information generated by the provider for the purposes of identifying intimate image material.

(4) Regulations under sub-paragraph (1)(a) may—

(a) make provision about how a provider is to make judgments about whether material is intimate image material (which may in particular include provision similar to section 192(5) and (6) of the Online Safety Act 2023);

(b) require intimate image information to be provided in a particular form (for example, a hash code).

Commencement Information

I229 Sch. 14 para. 7 not in force at Royal Assent, see s. 255(1)

I230 Sch. 14 para. 7 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z10)

Enforcement U.K.

8 (1) The regulations may make provision for or in connection with the enforcement of requirements imposed on providers of internet services and internet access services (“providers”) by or under the regulations.

(2) The regulations may include provision conferring functions on one or more persons specified in the regulations (each of whom is an “enforcement authority”).

(3) The persons who may be specified in the regulations include the registrar and the Secretary of State.

(4) The functions which may be conferred on an enforcement authority include—

(a) powers to require providers to provide information to the enforcement authority;

(b) powers to impose monetary penalties on providers for failure to comply with requirements;

(c) powers to issue notices (“compliance notices”) requiring providers to take steps specified in the notice for the purposes of complying with, or remedying a failure to comply with, a requirement.

(5) If the regulations provide for the imposition of monetary penalties they must provide—

(a) that a penalty (or, where more than one penalty is imposed in respect of a failure, those penalties taken together) may not exceed a maximum amount specified in the regulations (which may not be more than £3 million);

(b) for the amount of a penalty imposed on a provider to be appropriate and proportionate, having regard to—

(i) the failure to comply in respect of which it is imposed;

(ii) any penalties previously imposed on the provider in respect of that failure or other failures;

(iii) the size and financial resources of the provider.

(6) The regulations may provide for requirements imposed by a compliance notice to be enforceable, on the application of the enforcement authority, by injunction.

(7) The regulations—

(a) must make provision for appeals against the imposition of a monetary penalty and the issue of a compliance notice (if they provide for those things);

(b) may make provision for appeals against other decisions of an enforcement authority.

Commencement Information

I231 Sch. 14 para. 8 not in force at Royal Assent, see s. 255(1)

I232 Sch. 14 para. 8 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z10)

Payment of fees to enforcement authority U.K.

9 (1) The regulations may require providers of internet services and internet access services to pay fees to enforcement authorities, as a means of recovering the costs incurred by enforcement authorities in exercising their functions under the regulations.

(2) The regulations may in particular make provision—

(a) for fees to be paid in respect of specified periods;

(b) for different fees to be payable by different providers.

Commencement Information

I233 Sch. 14 para. 9 not in force at Royal Assent, see s. 255(1)

I234 Sch. 14 para. 9 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z10)

Guidance U.K.

10 The regulations may provide for the issue of guidance by—

(a) the registrar;

(b) enforcement authorities;

(c) the Secretary of State.

Commencement Information

I235 Sch. 14 para. 10 not in force at Royal Assent, see s. 255(1)

I236 Sch. 14 para. 10 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z10)

Duties of OFCOM U.K.

11 The regulations may require OFCOM to have regard to the intimate image register when—

(a) preparing a code of practice under section 41 of the Online Safety Act 2023;

(b) exercising its functions under Article 5(1) of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and retail charges for regulated intra-EU communications and amending Directive 2002/22/EC and Regulation (EU) No 531/2012,

and the regulations may amend that Act or that Regulation for or in connection with that purpose.

Commencement Information

I237 Sch. 14 para. 11 not in force at Royal Assent, see s. 255(1)

I238 Sch. 14 para. 11 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z10)

Part 3 U.K. Intimate image register: power to amend Online Safety Act 2023

12 (1) The Secretary of State may by regulations amend the Online Safety Act 2023 for or in connection with the imposition on providers of regulated services of duties relating to— U.K.

(a) the provision of intimate image information to the registrar;

(b) taking down content recorded on the intimate image register;

(c) preventing persons from encountering content recorded on the intimate image register.

(2) In this paragraph “intimate image information” means information generated by the provider for the purposes of identifying intimate image content.

(3) Regulations under sub-paragraph (1)(a) may require intimate image information to be provided in a particular form (for example, a hash code).

(4) The provisions of the Online Safety Act 2023 that may be amended by regulations under this paragraph include, but are not limited to, section 131(2) (enforceable requirements).

Commencement Information

I239 Sch. 14 para. 12 not in force at Royal Assent, see s. 255(1)

I240 Sch. 14 para. 12 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z10)

Part 4 U.K. Supplementary provision

Extra-territoriality U.K.

13 (1) References in this Schedule to an internet service include an internet service provided from outside the United Kingdom—

(a) which has a significant number of United Kingdom users, or

(b) one of the target markets of which (or the only target market of which) is United Kingdom users.

(2) A user of an internet service is a “United Kingdom user” if—

(a) where the user is an individual, the individual is in the United Kingdom;

(b) where the user is an entity, the entity is incorporated or formed under the law of any part of the United Kingdom.

Commencement Information

I241 Sch. 14 para. 13 not in force at Royal Assent, see s. 255(1)

I242 Sch. 14 para. 13 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z10)

Interpretation U.K.

14 (1) This paragraph applies for the interpretation of this Schedule.

(2) The following terms have the same meaning as in the Online Safety Act 2023—

• “content” (see section 236 of that Act);

• “internet service” (see section 228 of that Act);

• “intimate image content” (see section 59 of that Act), except in Part 2 of this Schedule (see paragraph 3(3));

• “provider”, in relation to an internet service of any kind (see section 226 of that Act);

• “regulated service” (see section 4(4) of that Act).

(3) “Internet access service” means a service that provides access to virtually all (or just some) end points of the internet.

(4) The following terms have the meaning given by the specified provision of this Schedule—

enforcement authority	paragraph 8
intimate image register	paragraph 3
intimate image material	paragraph 3
the registrar	paragraph 4

Commencement Information

I243 Sch. 14 para. 14 not in force at Royal Assent, see s. 255(1)

I244 Sch. 14 para. 14 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z10)

Prospective

Section 127

Schedule 15 U.K. Management of sex offenders: minor and consequential amendments

1 U.K. The Sexual Offences Act 2003 is amended as follows.

Commencement Information

I245 Sch. 15 para. 1 not in force at Royal Assent, see s. 255(1)

2 (1) Section 84 (notification requirements: changes) is amended as follows. U.K.

(2) In subsection (1)—

(a) omit paragraph (a);

(b) omit “that name,”.

(3) In subsection (2), omit “the name is used,”.

Commencement Information

I246 Sch. 15 para. 2 not in force at Royal Assent, see s. 255(1)

3 U.K. In section 85 (periodic notification)—

(a) in subsection (1), after “under section” insert “83A or”;

(b) in subsection (2)(b), after “83(1)” insert “, 83A”;

(c) in subsection (6), after “83(1)” insert “, 83A”.

Commencement Information

I247 Sch. 15 para. 3 not in force at Royal Assent, see s. 255(1)

4 N.I. In section 85A (notification requirements: absence from notified address)—

(a) in subsection (1), after “83(1)” insert “, 83A”;

(b) in the heading, at the end insert “(Northern Ireland)”.

Commencement Information

I248 Sch. 15 para. 4 not in force at Royal Assent, see s. 255(1)

5 (1) Section 87 (method of notification and related matters) is amended as follows. U.K.

(2) In subsection (1)—

(a) for the words from “section” to “by” substitute “section 83(1), 83A, 84, 85(1), 85A(2) or (6), 85ZA or 86B by”;

(b) in the paragraph (a) inserted by section 168(2) of the Police, Crime, Sentencing and Courts Act 2022), for “local”, in both places, substitute “relevant”;

(c) after paragraph (b) insert “(subject to section 87A)”.

(3) In the subsection (2A) inserted by section 168(3) of the Police, Crime, Sentencing and Courts Act 2022, for “under section 83(1), 84(1) or 85(1)” substitute “of the kind mentioned in subsection (1)”.

(4) In subsection (4), for the words from “Where” to “offender” substitute “If the police station at which the relevant offender attends is in England, Wales or Northern Ireland, the offender”.

(5) In subsections (5A) and (5B), for the words from “Where” to “offender” substitute “If the police station at which the relevant offender attends is in Scotland, the offender”.

(6) Omit subsection (5C).

Commencement Information

I249 Sch. 15 para. 5 not in force at Royal Assent, see s. 255(1)

6 (1) Section 88 (interpretation of section 87) is amended as follows. U.K.

(2) In the heading, for “Section 87” substitute “Sections 87 to 87B”.

(3) For subsection (1) substitute—

“(1) This section applies for the purposes of sections 87 to 87B.”

(4) After subsection (1) insert—

“(1A) “Passport” has the meaning given by section 83(8).”

(5) Omit subsections (3) to (5).

(6) After subsection (5) insert—

“(6) “Relevant police area” means, in relation to a person—

(a) the police area in which the person’s home address is situated;

(b) in the absence of a home address, the police area in which the home address last notified is situated;

(c) in the absence of a home address and of any such notification, the police area in which the court which last dealt with the person in a way mentioned in subsection (7) is situated.

(7) The ways are—

(a) dealing with a person in respect of an offence listed in Schedule 3 or a finding in relation to such an offence;

(b) dealing with a person in respect of an offence under section 128 or a finding in relation to such an offence;

(c) making, in respect of a person, an order of any of the kinds mentioned in subsection (8).

(8) The orders are—

(a) a notification order or interim notification order;

(b) a sexual harm prevention order or interim sexual harm prevention order;

(c) a sexual offences prevention order or interim sexual offences prevention order;

(d) an order under section 2, 2A or 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim orders made in England and Wales or Scotland);

(e) an order under article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders and interim orders made in Northern Ireland);

(f) an order under section 11, 12 or 21 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) (sexual harm prevention orders made in Scotland);

(g) an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction).

(9) In subsection (7) “finding” in relation to an offence means—

(a) a finding of not guilty of the offence by reason of insanity, or

(b) a finding that the person was under a disability and did the act or omission charged against the person in respect of the offence.

(10) For the references to police area in subsection (6)—

(a) in relation to Scotland, see Schedule 1 to the Interpretation Act 1978;

(b) in relation to Northern Ireland, see section 136(3).”

Commencement Information

I250 Sch. 15 para. 6 not in force at Royal Assent, see s. 255(1)

7 S In section 88I(2) (discharge from indefinite notification requirements in England and Wales or Northern Ireland has effect in Scotland) for the words from “legislation which” to the end substitute—

“(a) sections 91A to 91F (discharge from indefinite notification requirements in England and Wales);

(b) Schedule 3A (discharge from indefinite notification requirements in Northern Ireland).”

Commencement Information

I251 Sch. 15 para. 7 not in force at Royal Assent, see s. 255(1)

8 (1) Section 91 (offences relating to notification) is amended as follows. U.K.

(2) For subsection (1) substitute—

“(1) A person (“P”) commits an offence if P—

(a) fails, without reasonable excuse, to comply with—

(i) section 83(1);

(ii) section 83A(1), (2), (5) or (7)(b);

(iii) section 84(1) or (4)(b);

(iv) section 85(1);

(v) section 86B(1) or (6)(b);

(vi) section 89(2)(b);

(vii) any requirement imposed by regulations under section 86(1);

(b) notifies to the police any information which P knows to be false in purported compliance with—

(i) section 83(1);

(ii) section 83A(1), (2) or (5);

(iii) section 84(1);

(iv) section 85(1);

(v) section 86B(1);

(vi) any requirement imposed by regulations under section 86(1).

(1A) A person (“P”) commits an offence under the law of England and Wales if P—

(a) fails, without reasonable excuse, to comply with—

(i) section 85ZA(2) or (6);

(ii) section 87(4);

(iii) section 96ZB(3)(b);

(b) notifies to the police any information which P knows to be false in purported compliance with section 85ZA(2) or (6).

(1B) A person (“P”) commits an offence under the law of Scotland if P—

(a) fails, without reasonable excuse, to comply with—

(i) section 85ZA(2) or (6);

(ii) section 87(5A) or (5B);

(b) notifies to the police any information which P knows to be false in purported compliance with section 85ZA(2) or (6).

(1C) A person (“P”) commits an offence under the law of Northern Ireland if P—

(a) fails, without reasonable excuse, to comply with—

(i) section 85A(2) or (6);

(ii) section 87(4);

(b) notifies to the police any information which P knows to be false in purported compliance with section 85A(2) or (6).”

(3) For subsection (2) substitute—

“(2) A person who commits an offence under this section is liable—

(a) on summary conviction in England or Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both);

(d) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).”

(4) In subsection (3)—

(a) for “paragraph (a) of subsection (1)” substitute “subsection (1)(a), (1A)(a), (1B)(a) or (1C)(a)”;

(b) for the words from “section 83(1)” to “86(1)” substitute “a relevant requirement”.

(c) for “subsection (1)”, in the second place, substitute “those subsections”.

(5) After subsection (3) insert—

“(3A) In subsection (3) “relevant requirement” means—

(a) in relation to an offence under subsection (1)(a), a requirement imposed by—

(i) section 83(1);

(ii) section 83A(1), (2) and (5);

(iii) section 84(1);

(iv) section 85(1);

(v) section 86B(1);

(vi) regulations under section 86(1);

(b) in relation to an offence under subsection (1A)(a) or (1B)(a), a requirement imposed by section 85ZA(2) or (6);

(c) in relation to an offence under subsection (1C)(a), a requirement imposed by section 85A(2) or (6).”

Commencement Information

I252 Sch. 15 para. 8 not in force at Royal Assent, see s. 255(1)

9 (1) Section 91A (review of indefinite notification requirements: qualifying relevant offender) is amended as follows. E+W

(2) In subsection (2) after “review” insert “or the relevant chief officer of police begins an own motion review”.

(3) In subsections (4) and (5), after “under section” insert “83A,”.

(4) In subsection (7) after “review” insert “or the relevant chief officer of police begins an own motion review”.

Commencement Information

I253 Sch. 15 para. 9 not in force at Royal Assent, see s. 255(1)

10 (1) Section 91B (review of indefinite notification requirements: application for review and qualifying dates) is amended as follows. E+W

(2) In subsection (3)—

(a) for “makes” substitute “last made”;

(b) after “91C” insert “or 91EB”.

(3) In subsection (4), after “91C” insert “or 91EB”.

(4) In subsection (6)—

(a) for “applies” substitute “applied when the relevant chief officer of police last made a determination under section 91C or 91EB”;

(b) after “period” insert “then”.

(5) In subsection (10), after “83,” insert “83A,”.

Commencement Information

I254 Sch. 15 para. 10 not in force at Royal Assent, see s. 255(1)

11 E+W In section 91E, in the heading, at the end insert “against determinations under section 91C”.

Commencement Information

I255 Sch. 15 para. 11 not in force at Royal Assent, see s. 255(1)

12 E+W In section 91F (guidance), at the end of subsection (1) insert “or own motion reviews”.

Commencement Information

I256 Sch. 15 para. 12 not in force at Royal Assent, see s. 255(1)

13 U.K. In section 94 (Part 2: supply of information to Secretary of State etc. for verification), in subsection (1)—

(a) in the words before paragraph (a), omit “notified to the police under”;

(b) for paragraph (a) substitute—

“(a) notified to the police under section 83, 83A, 84, 85, 85ZA, 85A or 86B,”;

(c) after paragraph (a) insert—

“(aa) notified to the police in accordance with a requirement imposed by regulations under section 86,”;

(d) in paragraph (b) before “section” insert “notified to the police under”;

(e) after paragraph (b) insert “, or

(c) provided in, or in a document accompanying, an application to the police under section 93C(1).”

Commencement Information

I257 Sch. 15 para. 13 not in force at Royal Assent, see s. 255(1)

14 U.K. In section 122F (sexual risk orders and interim sexual risk orders: notification requirements), after subsection (4) insert—

“(5) Section 87A (alternative method of notification) applies for the purposes of a notification under subsection (3) as it applies for the purposes of the notifications mentioned in section 87A(1).”

Commencement Information

I258 Sch. 15 para. 14 not in force at Royal Assent, see s. 255(1)

15 U.K. In section 133 (Part 2: general interpretation)—

(a) omit the definition of “local police area”;

(b) at the appropriate place insert—

• ““relevant police area” has the meaning given by section 88(6);”.

Commencement Information

I259 Sch. 15 para. 15 not in force at Royal Assent, see s. 255(1)

16 U.K. In section 136 (Part 2: Northern Ireland), in subsection (11), after “sections” insert “86B, 87A, 93A, 93H,”.

Commencement Information

I260 Sch. 15 para. 16 not in force at Royal Assent, see s. 255(1)

17 (1) Section 138 (orders and regulations) is amended as follows. U.K.

(2) For subsections (1) to (4) substitute—

“(1) Orders or regulations made by the Secretary of State under this Act are to be made by statutory instrument.

(2) A statutory instrument containing an order or regulations made by the Secretary of State under any of the following provisions may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—

(a) section 21;

(b) section 22A;

(c) sections 154 to 156 ;

(d) section 86;

(e) section 86B(3) or (4);

(f) section 93B(6)(d);

(g) section 93C(6)(b);

(h) section 93I;

(i) section 130;

(j) section 136Q(1).

(3) Any other statutory instrument containing an order or regulations made by the Secretary of State (except one containing an order under section 141) is to be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Orders or regulations made by the Secretary of State under this Act may—

(a) make different provision for different purposes;

(b) include supplementary, incidental, consequential, transitional, transitory or saving provisions.

(4A) For orders or regulations made by the Scottish Ministers under this Act see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).

(4B) Orders or regulations made by the Scottish Ministers under any of the following provisions are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10))—

(a) sections 154 to 156 ;

(b) section 86;

(c) section 86B(3) or (4);

(d) section 93B(6)(d);

(e) section 93C(6)(b);

(f) section 88H;

(g) section 130.

(4C) Any other orders or regulations made by the Scottish Ministers are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(4D) Orders or regulations made by the Scottish Ministers under this Act may—

(a) make different provision for different purposes;

(b) include supplementary, incidental, consequential, transitional, transitory or saving provisions.”

(3) In subsection (5) for “the Department of Justice in Northern Ireland” substitute “a Northern Ireland department”.

(4) In subsection (6)—

(a) for “83 to 86” substitute “83 to 85, section 86, section 86B(3) or (4), section 93B(6)(d), section 93C(6)(b), section 93J”;

(b) for “the Department of Justice” substitute “a Northern Ireland department”.

(5) In subsections (8) and (9) for “the Department of Justice”, in each place it occurs, substitute “a Northern Ireland department”.

Commencement Information

I261 Sch. 15 para. 17 not in force at Royal Assent, see s. 255(1)

18 (1) Schedule 3A (discharge from indefinite notification requirements in Northern Ireland) is amended as follows. N.I.

(2) In paragraph 4 (initial review: notice of decision) after sub-paragraph (3) insert—

“(4) The Department of Justice may by regulations amend the period in sub-paragraph (1).”

(3) In paragraph 6 (further reviews)—

(a) in sub-paragraph (1) for “paragraph 4(3) or 5(6)” substitute “a relevant provision”;

(b) after sub-paragraph (1) insert—

“(1A) “Relevant provision” means—

(a) paragraph 4(3);

(b) paragraph 5(6);

(c) paragraph 6C(4);

(d) paragraph 6D(6),

(notice of decision not to discharge notification requirements).”;

(c) in sub-paragraph (3)(a) for “paragraph 4(3) or 5(6)” substitute “a relevant provision”.

(4) In paragraph 7 (guidance)—

(a) after sub-paragraph (1) insert—

“(1A) The Department of Justice must issue guidance as to the determination by the Chief Constable of own motion reviews.”;

(b) in sub-paragraph (2) after “(1)” insert “or (1A)”.

(5) In paragraph 8(2) for the words from “legislation which” to the end substitute—

“(a) sections 91A to 91F (discharge from indefinite notification requirements in England and Wales);

(b) sections 88A to 88H (discharge from indefinite notification requirements in Scotland).”

Commencement Information

I262 Sch. 15 para. 18 not in force at Royal Assent, see s. 255(1)

Prospective

Sections 153 and 156

Schedule 16 U.K. Possession or supply of SIM farms or other specified articles: powers of entry etc

Part 1 U.K. General

Interpretation U.K.

1 (1) In this Schedule—

• “justice” means—

  (a)

  in England and Wales, a justice of the peace;

  (b)

  in Scotland, a sheriff, summary sheriff or justice of the peace;

  (c)

  in Northern Ireland, a lay magistrate;

• “premises” includes any place and, in particular, includes—

  (a)

  any vehicle, vessel or aircraft;

  (b)

  any offshore installation;

  (c)

  any renewable energy installation within the meaning given by section 104 of the Energy Act 2004;

  (d)

  any tent or movable structure;

• “relevant evidence” means evidence that any of the following has been committed—

  (a)

  an offence under any of sections 151 to 155;

  (b)

  an attempt or conspiracy to commit an offence within paragraph (a);

  (c)

  an offence under Part 2 of the Serious Crime Act 2007 (England and Wales and Northern Ireland: encouraging or assisting crime) in relation to an offence within paragraph (a);

  (d)

  an offence under the law of Scotland of inciting the commission of an offence within paragraph (a);

  (e)

  aiding, abetting, counselling or procuring the commission of an offence within paragraph (a);

• “vessel” includes—

  (a)

  any ship or boat or any other description of vessel used in navigation, and

  (b)

  any hovercraft, submersible craft or other floating craft,

  but does not include a reference to anything that permanently rests on, or is permanently attached to, the sea bed.

(2) In this Schedule any reference to a power conferred by this Schedule or any provision of it includes a reference to a power conferred by virtue of the Schedule or provision.

Commencement Information

I263 Sch. 16 para. 1 not in force at Royal Assent, see s. 255(1)

Saving U.K.

2 Nothing in this Schedule affects any power of a constable conferred otherwise than by this Schedule.

Commencement Information

I264 Sch. 16 para. 2 not in force at Royal Assent, see s. 255(1)

Part 2 U.K. Powers of entry etc

Power to enter and search vehicles U.K.

3 (1) This paragraph applies where—

(a) a constable has reasonable grounds to suspect that there is relevant evidence in a vehicle, and

(b) the vehicle is not a dwelling.

(2) The constable may at any time—

(a) enter the vehicle and search it for relevant evidence;

(b) stop and detain the vehicle for the purposes of entering and searching it.

(3) Where—

(a) a constable has stopped a vehicle under this paragraph, and

(b) the constable considers that it would be impracticable to search the vehicle in the place where it has stopped,

the constable may require the vehicle to be taken to such place as the constable directs to enable the vehicle to be searched.

(4) A constable may require—

(a) any person travelling in a vehicle, or

(b) the registered keeper of a vehicle,

to provide such facilities and assistance with respect to matters under that person’s control as the constable considers would facilitate the exercise of any power conferred by this paragraph.

(5) The powers conferred by this paragraph may be exercised in any place to which the constable lawfully has access (whether or not it is a place to which the public has access).

Commencement Information

I265 Sch. 16 para. 3 not in force at Royal Assent, see s. 255(1)

Power to enter and search vessels or aircraft U.K.

4 (1) This paragraph applies where—

(a) a constable has reasonable grounds to suspect that there is relevant evidence in or on any vessel or aircraft, and

(b) the vessel or aircraft is not a dwelling.

(2) The constable may at any time—

(a) board the vessel or aircraft, and

(b) search it for relevant evidence.

(3) For the purposes of exercising the power conferred by sub-paragraph (2), the constable may require a vessel or aircraft—

(a) to stop, or

(b) to do anything else that will facilitate the boarding of that or any other vessel or aircraft.

(4) A constable who has boarded a vessel or aircraft may, for the purposes of disembarking from the vessel or aircraft, require that or any other vessel or aircraft—

(a) to stop, or

(b) to do anything else that will enable the constable to disembark from the vessel or aircraft.

(5) A constable may require any person on board a vessel or aircraft to provide such facilities and assistance with respect to matters under that person’s control as the constable considers would facilitate the exercise of any power conferred by this paragraph.

Commencement Information

I266 Sch. 16 para. 4 not in force at Royal Assent, see s. 255(1)

Warrant conferring power to enter and search premises U.K.

5 (1) Where a justice is satisfied that the requirements in sub-paragraph (3) are met in relation to any premises, the justice may issue a warrant (a “search warrant”) authorising a constable—

(a) to enter the premises, and

(b) to search them for relevant evidence.

(2) A search warrant may be either—

(a) a warrant that relates only to premises specified in the warrant (a “specific-premises warrant”), or

(b) in the case of a warrant issued in England and Wales or Northern Ireland, a warrant that relates to any premises occupied or controlled by a person specified in the warrant (an “all-premises warrant”).

(3) The requirements of this sub-paragraph are met in relation to premises if there are reasonable grounds to suspect that—

(a) there are items on the premises that are relevant evidence, and

(b) in a case where the premises are specified in the application, any of the following conditions is met—

(i) that it is not practicable to communicate with any person entitled to grant entry to the premises;

(ii) that it is not practicable to communicate with any person entitled to grant access to the items;

(iii) that entry to the premises is unlikely to be granted unless a warrant is produced;

(iv) that the purpose of entry may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

Commencement Information

I267 Sch. 16 para. 5 not in force at Royal Assent, see s. 255(1)

Applications for search warrants U.K.

6 (1) A search warrant may be issued under paragraph 5 only on the application of—

(a) a constable, in England and Wales or Northern Ireland;

(b) a constable or a procurator fiscal, in Scotland.

(2) An application for a search warrant may be made without notice being given to persons who might be affected by the warrant.

(3) The application must be supported—

(a) in England and Wales, by information in writing;

(b) in Scotland, by evidence on oath;

(c) in Northern Ireland, by a complaint on oath.

(4) A person applying for a search warrant must answer on oath any question that the justice hearing the application asks the person.

(5) In the case of an application made by a procurator fiscal, the requirement under sub-paragraph (4) may be met by a constable or a person who has the powers of a constable.

(6) Part 3 of this Schedule contains further provision about applications in England and Wales or Northern Ireland for search warrants under paragraph 5.

Commencement Information

I268 Sch. 16 para. 6 not in force at Royal Assent, see s. 255(1)

Execution of search warrants U.K.

7 (1) A search warrant may be executed by any constable.

(2) A search warrant may authorise persons to accompany a constable who is executing it.

(3) A person authorised under sub-paragraph (2) to accompany a constable who is executing a search warrant—

(a) may exercise any power conferred by paragraph 5, 8 or 9 which the constable may exercise as a result of the warrant, but

(b) may exercise such a power only in the company of, and under the supervision of, the constable.

(4) In sub-paragraphs (2) and (3) “constable” includes a person who has the powers of a constable.

(5) Part 4 of this Schedule contains further provision about the execution in England and Wales or Northern Ireland of search warrants under paragraph 5.

Commencement Information

I269 Sch. 16 para. 7 not in force at Royal Assent, see s. 255(1)

Powers of examination etc U.K.

8 (1) This paragraph applies where a constable is exercising a power of search conferred by this Schedule in relation to any premises.

(2) The constable may examine anything that is in or on the premises.

(3) The constable may break open any container or other locked thing, so far as this is reasonably necessary for the purpose of exercising—

(a) a power of search conferred by this Schedule, or

(b) a power conferred by this paragraph.

(4) The constable may require any person in or on the premises to provide such facilities and assistance with respect to matters under that person’s control as the constable considers would facilitate the exercise of—

(a) a power of search conferred by this Schedule, or

(b) a power conferred by this paragraph.

(5) Nothing in this paragraph confers a power to search a person.

Commencement Information

I270 Sch. 16 para. 8 not in force at Royal Assent, see s. 255(1)

Power to require production of documents etc U.K.

9 (1) This paragraph applies where a constable is exercising a power of search conferred by this Schedule in relation to any premises.

(2) The constable may require any person in or on the premises to produce any document or record that is in the person’s possession or control.

(3) A reference in this paragraph to the production of a document includes a reference to the production of—

(a) a hard copy of information recorded otherwise than in hard copy form, or

(b) information in a form from which a hard copy can be readily obtained.

(4) For the purposes of this paragraph—

(a) information is recorded in hard copy form if it is recorded in a paper copy or similar form capable of being read (and references to hard copy have a corresponding meaning);

(b) information can be read only if—

(i) it can be read with the naked eye, or

(ii) to the extent that it consists of images (for example photographs, pictures, maps, plans or drawings), it can be seen with the naked eye.

Commencement Information

I271 Sch. 16 para. 9 not in force at Royal Assent, see s. 255(1)

Power to use reasonable force U.K.

10 (1) A constable may use reasonable force, if necessary, for the purpose of exercising a power conferred by this Schedule.

(2) A person authorised under paragraph 7(2) to accompany a person who is executing a search warrant may use reasonable force, if necessary, for the purpose of exercising a power conferred by any of paragraphs 5 to 9.

Commencement Information

I272 Sch. 16 para. 10 not in force at Royal Assent, see s. 255(1)

Obstruction etc U.K.

11 (1) A person commits an offence if, without reasonable excuse, the person intentionally obstructs a constable in the performance of a function conferred by this Schedule.

(2) A person commits an offence if—

(a) the person fails without reasonable excuse to comply with a requirement reasonably made, or a direction reasonably given, by a constable in the exercise of a power conferred by this Schedule, or

(b) the person prevents any other person from complying with any such requirement or direction.

(3) In this paragraph “constable” includes—

(a) a person who has the powers of a constable;

(b) a person authorised under paragraph 7(2) to accompany a person who is executing a search warrant.

(4) A person who commits an offence under this paragraph is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

Commencement Information

I273 Sch. 16 para. 11 not in force at Royal Assent, see s. 255(1)

Part 3 U.K. Applications for search warrants: England and Wales and Northern Ireland

Introduction U.K.

12 (1) This Part of this Schedule applies to applications in England and Wales or Northern Ireland for search warrants under paragraph 5.

(2) In this Part of this Schedule “specific-premises warrant” and “all-premises warrant” have the meaning given by paragraph 5.

Commencement Information

I274 Sch. 16 para. 12 not in force at Royal Assent, see s. 255(1)

Applications for warrants U.K.

13 (1) A person applying for a search warrant must—

(a) state that the application is for a warrant under paragraph 5,

(b) specify the matters set out in sub-paragraph (2) or (3) (as the case may be),

(c) state what are the grounds for suspecting that relevant evidence is on the premises, and

(d) identify, so far as is possible, the offence to which the relevant evidence relates.

(2) If the person is applying for a specific-premises warrant, the person must specify each set of premises that it is desired to enter and search.

(3) If the person is applying for an all-premises warrant, the person must specify—

(a) as many of the sets of premises that it is desired to enter and search as it is reasonably practicable to specify,

(b) the person who is in occupation or control of those premises and any others that it is desired to enter and search,

(c) why it is necessary to search more premises than those specified under paragraph (a), and

(d) why it is not reasonably practicable to specify all the premises that it is desired to enter and search.

(4) If the person is applying for a search warrant authorising entry and search on more than one occasion, the person must also state—

(a) the ground on which the person applies for such a warrant, and

(b) whether the person seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired.

Commencement Information

I275 Sch. 16 para. 13 not in force at Royal Assent, see s. 255(1)

Warrant: whether authorises one or multiple entries U.K.

14 A search warrant authorises entry on one occasion only, unless it specifies that it authorises multiple entries.

Commencement Information

I276 Sch. 16 para. 14 not in force at Royal Assent, see s. 255(1)

Form of warrants U.K.

15 A search warrant must—

(a) specify the name of the person who applies for it,

(b) specify the date on which it is issued,

(c) state that the warrant is issued under paragraph 5 of this Schedule,

(d) specify each set of premises to be searched, or (in the case of an all-premises warrant) the person who is in occupation or control of premises to be searched, together with any premises to be searched that are under the person’s occupation or control and can be specified, and

(e) identify, so far as is possible, the offence to which the relevant evidence suspected to be on the premises relates.

Commencement Information

I277 Sch. 16 para. 15 not in force at Royal Assent, see s. 255(1)

Copies of warrants U.K.

16 (1) Two copies must be made of a search warrant that specifies only one set of premises and does not authorise multiple entries.

(2) As many copies as are reasonably required may be made of any other kind of search warrant.

(3) The copies must be clearly certified as copies.

Commencement Information

I278 Sch. 16 para. 16 not in force at Royal Assent, see s. 255(1)

Part 4 U.K. Execution of search warrants: England and Wales and Northern Ireland

Introduction U.K.

17 (1) This Part of this Schedule applies to the execution in England and Wales or Northern Ireland of a search warrant under paragraph 5.

(2) In this Part of this Schedule “specific-premises warrant” and “all-premises warrant” have the meaning given by paragraph 5.

(3) In paragraphs 21, 22 and 24 “constable” includes a person who has the powers of a constable.

Commencement Information

I279 Sch. 16 para. 17 not in force at Royal Assent, see s. 255(1)

Warrant to be executed within one month U.K.

18 Entry and search under a search warrant must be within one month from the date of its issue.

Commencement Information

I280 Sch. 16 para. 18 not in force at Royal Assent, see s. 255(1)

All-premises warrants U.K.

19 (1) In the case of an all-premises warrant, premises that are not specified in the warrant may be entered and searched only if a senior officer has authorised them to be entered.

(2) An authorisation under sub-paragraph (1) must be in writing.

(3) In this paragraph “senior officer” means—

(a) a constable of at least the rank of inspector, or

(b) a National Crime Agency officer who—

(i) is designated under section 10 of the Crime and Courts Act 2013 as a person having the powers and privileges of a constable, and

(ii) is of grade 3 or above.

Commencement Information

I281 Sch. 16 para. 19 not in force at Royal Assent, see s. 255(1)

Search of premises more than once U.K.

20 (1) Premises may be entered or searched for the second or any subsequent time under a search warrant authorising multiple entries only if a senior officer has authorised that entry to the premises.

(2) An authorisation under sub-paragraph (1) must be in writing.

(3) In this paragraph “senior officer” has the meaning given by paragraph 19.

Commencement Information

I282 Sch. 16 para. 20 not in force at Royal Assent, see s. 255(1)

Time of search U.K.

21 Entry and search under a search warrant must be at a reasonable hour unless it appears to the constable executing it that the purpose of a search may be frustrated on an entry at a reasonable hour.

Commencement Information

I283 Sch. 16 para. 21 not in force at Royal Assent, see s. 255(1)

Evidence of authority etc U.K.

22 (1) Where the occupier of premises to be entered and searched under a search warrant is present at the time when a constable seeks to execute the warrant, the following requirements must be satisfied—

(a) the occupier must be told the constable’s name;

(b) if not a constable in uniform, the constable must produce to the occupier documentary evidence that they are a constable;

(c) the constable must produce the warrant to the occupier;

(d) the constable must supply the occupier with a copy of it.

(2) Where the occupier of premises to be entered and searched under a search warrant is not present at the time when a constable seeks to execute the warrant—

(a) if some other person who appears to the constable to be in charge of the premises is present, sub-paragraph (1) has effect as if a reference to the occupier were a reference to that other person;

(b) if not, the constable must leave a copy of the warrant in a prominent place on the premises.

Commencement Information

I284 Sch. 16 para. 22 not in force at Royal Assent, see s. 255(1)

Extent of search U.K.

23 A search under a search warrant may only be a search to the extent required for the purpose for which the warrant was issued.

Commencement Information

I285 Sch. 16 para. 23 not in force at Royal Assent, see s. 255(1)

Securing premises after entry U.K.

24 A constable who enters premises under a search warrant must take reasonable steps to ensure that when the constable leaves the premises they are as secure as they were before the entry.

Commencement Information

I286 Sch. 16 para. 24 not in force at Royal Assent, see s. 255(1)

Return and retention of warrant U.K.

25 (1) A search warrant must be returned to the appropriate person (see sub-paragraph (2))—

(a) when the warrant has been executed, or

(b) no more than one month after the date of its issue, if the warrant is—

(i) a specific-premises warrant that has not been executed,

(ii) an all-premises warrant, or

(iii) a warrant authorising multiple entries.

(2) The appropriate person is—

(a) in the case of a warrant issued in England and Wales, the designated officer for the local justice area in which the justice of the peace was acting when issuing the warrant;

(b) in the case of a warrant issued in Northern Ireland, the clerk of petty sessions for the petty sessions district in which the lay magistrate was acting when issuing the warrant.

(3) The appropriate person must retain a search warrant returned under sub-paragraph (1) for 12 months from the date of its return.

(4) If during that period the occupier of premises to which the search warrant relates asks to inspect it, the occupier must be allowed to do so.

Commencement Information

I287 Sch. 16 para. 25 not in force at Royal Assent, see s. 255(1)

Section 161

Schedule 17 E+W Specified memorials

Part 1 E+W War memorials

1 E+W Arcade of Former Archbishops Palace, York (including the walls and railings under the arches of the Arcade).

Commencement Information

I288 Sch. 17 para. 1 not in force at Royal Assent, see s. 255(1)

I289 Sch. 17 para. 1 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

2 E+W Arch of Remembrance, Leicester.

Commencement Information

I290 Sch. 17 para. 2 not in force at Royal Assent, see s. 255(1)

I291 Sch. 17 para. 2 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

3 E+W Cenotaph, Whitehall, London.

Commencement Information

I292 Sch. 17 para. 3 not in force at Royal Assent, see s. 255(1)

I293 Sch. 17 para. 3 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

4 E+W Charles Church, Plymouth (being the entire derelict structure of that church).

Commencement Information

I294 Sch. 17 para. 4 not in force at Royal Assent, see s. 255(1)

I295 Sch. 17 para. 4 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

5 E+W Chatham Naval War Memorial.

Commencement Information

I296 Sch. 17 para. 5 not in force at Royal Assent, see s. 255(1)

I297 Sch. 17 para. 5 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

6 E+W Edith Cavell Memorial, St Martin’s Place, London.

Commencement Information

I298 Sch. 17 para. 6 not in force at Royal Assent, see s. 255(1)

I299 Sch. 17 para. 6 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

7 E+W Eleanor Cross, Sledmere.

Commencement Information

I300 Sch. 17 para. 7 not in force at Royal Assent, see s. 255(1)

I301 Sch. 17 para. 7 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

8 E+W Hall of Memory, Centenary Square, Birmingham.

Commencement Information

I302 Sch. 17 para. 8 not in force at Royal Assent, see s. 255(1)

I303 Sch. 17 para. 8 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

9 E+W Guards Memorial, Horse Guards Parade, London.

Commencement Information

I304 Sch. 17 para. 9 not in force at Royal Assent, see s. 255(1)

I305 Sch. 17 para. 9 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

10 E+W Liverpool Cenotaph.

Commencement Information

I306 Sch. 17 para. 10 not in force at Royal Assent, see s. 255(1)

I307 Sch. 17 para. 10 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

11 E+W Merchant Navy Memorial, Tower Hill, London.

Commencement Information

I308 Sch. 17 para. 11 not in force at Royal Assent, see s. 255(1)

I309 Sch. 17 para. 11 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

12 E+W Plymouth Naval War Memorial.

Commencement Information

I310 Sch. 17 para. 12 not in force at Royal Assent, see s. 255(1)

I311 Sch. 17 para. 12 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

13 E+W Port Sunlight War Memorial.

Commencement Information

I312 Sch. 17 para. 13 not in force at Royal Assent, see s. 255(1)

I313 Sch. 17 para. 13 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

14 E+W Portsmouth Naval War Memorial.

Commencement Information

I314 Sch. 17 para. 14 not in force at Royal Assent, see s. 255(1)

I315 Sch. 17 para. 14 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

15 E+W Preston War Memorial.

Commencement Information

I316 Sch. 17 para. 15 not in force at Royal Assent, see s. 255(1)

I317 Sch. 17 para. 15 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

16 E+W The Response, Newcastle upon Tyne.

Commencement Information

I318 Sch. 17 para. 16 not in force at Royal Assent, see s. 255(1)

I319 Sch. 17 para. 16 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

17 E+W Rochdale Cenotaph.

Commencement Information

I320 Sch. 17 para. 17 not in force at Royal Assent, see s. 255(1)

I321 Sch. 17 para. 17 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

18 E+W Royal Artillery Memorial, Hyde Park Corner, London.

Commencement Information

I322 Sch. 17 para. 18 not in force at Royal Assent, see s. 255(1)

I323 Sch. 17 para. 18 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

19 E+W Southampton Cenotaph.

Commencement Information

I324 Sch. 17 para. 19 not in force at Royal Assent, see s. 255(1)

I325 Sch. 17 para. 19 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

20 E+W Spalding War Memorial.

Commencement Information

I326 Sch. 17 para. 20 not in force at Royal Assent, see s. 255(1)

I327 Sch. 17 para. 20 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

21 E+W Statue of Captain Albert Ball, Nottingham Castle Gardens, Nottingham.

Commencement Information

I328 Sch. 17 para. 21 not in force at Royal Assent, see s. 255(1)

I329 Sch. 17 para. 21 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

22 E+W Town and County War Memorial, Northampton.

Commencement Information

I330 Sch. 17 para. 22 not in force at Royal Assent, see s. 255(1)

I331 Sch. 17 para. 22 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

23 E+W Wagoners’ Memorial, Sledmere.

Commencement Information

I332 Sch. 17 para. 23 not in force at Royal Assent, see s. 255(1)

I333 Sch. 17 para. 23 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

24 E+W Ely War Memorial (and the wall in which it is situated, extending east from the Almonry to the west end of No. 2 Fore Hill).

Commencement Information

I334 Sch. 17 para. 24 not in force at Royal Assent, see s. 255(1)

I335 Sch. 17 para. 24 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

25 E+W Monument to the Women of World War II, Whitehall, London.

Commencement Information

I336 Sch. 17 para. 25 not in force at Royal Assent, see s. 255(1)

I337 Sch. 17 para. 25 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

Part 2 E+W Parts of war memorials

26 E+W The external walls and roof of Alcester Town Hall, and any fixtures attached to any of those walls or that roof.

Commencement Information

I338 Sch. 17 para. 26 not in force at Royal Assent, see s. 255(1)

I339 Sch. 17 para. 26 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

Part 3 E+W Other memorials

27 E+W Statue of Sir Winston Churchill, Parliament Square, London.

Commencement Information

I340 Sch. 17 para. 27 not in force at Royal Assent, see s. 255(1)

I341 Sch. 17 para. 27 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

28 E+W Holocaust Memorial Garden, Hyde Park, London.

Commencement Information

I342 Sch. 17 para. 28 not in force at Royal Assent, see s. 255(1)

I343 Sch. 17 para. 28 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z11)

Prospective

Section 170

Schedule 18 U.K. Suspension of internet protocol addresses and internet domain names

Applications for IP address suspension orders U.K.

1 (1) An appropriate officer may make an application to a judge for an IP address suspension order.

(2) An IP address suspension order is an order requiring a specified IP address provider to prevent access to a specified IP address for a specified period.

(3) The specified period may not be longer than 12 months.

(4) “Specified” means specified in the order.

Commencement Information

I344 Sch. 18 para. 1 not in force at Royal Assent, see s. 255(1)

Conditions for making an IP address suspension order U.K.

2 (1) A judge may grant an application for an IP address suspension order if satisfied that there are reasonable grounds to believe that conditions 1 to 4 are met in relation to the IP address to which the application relates.

(2) Condition 1 is that the IP address is being used for the purposes of serious crime (see paragraph 19).

(3) Condition 2 is that—

(a) a UK person is using the IP address for the purposes of serious crime,

(b) a UK person is a victim of the serious crime for the purposes of which the IP address is being used,

(c) the IP address is being used for the purposes of serious crime connected with unlicensed gambling, or

(d) the IP address is allocated to a device located in the United Kingdom.

(4) Condition 3 is that it is necessary and proportionate to prevent access to the IP address to prevent it being used for the purposes of serious crime.

(5) Condition 4 is that—

(a) access to the IP address will not be prevented unless an IP address suspension order is made, or

(b) if access to the IP address is prevented otherwise than in accordance with an IP address suspension order, there will be serious prejudice to the prevention, restriction or disruption of the serious crime for the purposes of which the IP address is being used.

Commencement Information

I345 Sch. 18 para. 2 not in force at Royal Assent, see s. 255(1)

Applications for domain name suspension orders U.K.

3 (1) An appropriate officer may make an application to a judge for a domain name suspension order.

(2) A domain name suspension order is an order requiring—

(a) a specified internet domain registry, or

(b) a specified registrar for an internet domain registry,

to prevent access to a specified internet domain name for a specified period.

(3) The specified period may not be longer than 12 months.

(4) “Specified” means specified in the order.

Commencement Information

I346 Sch. 18 para. 3 not in force at Royal Assent, see s. 255(1)

Conditions for making a domain name suspension order U.K.

4 (1) A judge may grant an application for a domain name suspension order if satisfied that there are reasonable grounds to believe that conditions 1 to 4 are met in relation to the internet domain name to which the application relates.

(2) Condition 1 is that the internet domain name is being, or will be, used for the purposes of serious crime (see paragraph 19).

(3) Condition 2 is that—

(a) a UK person is using, or will use, the internet domain name for the purposes of serious crime,

(b) a UK person—

(i) is a victim of the serious crime for the purposes of which the internet domain name is being used, or

(ii) will be a victim of the serious crime for the purposes of which it will be used,

(c) the internet domain name is being used for the purposes of serious crime connected with unlicensed gambling, or

(d) the internet domain name is hosted on a device located in the United Kingdom.

(4) Condition 3 is that it is necessary and proportionate to prevent access to the internet domain name to prevent it being used for the purposes of serious crime.

(5) Condition 4 is that—

(a) access to the internet domain name will not be prevented unless a domain name suspension order is made, or

(b) if access to the internet domain name is prevented otherwise than in accordance with a domain name suspension order, there will be serious prejudice to the prevention, restriction or disruption of the serious crime for the purposes of which the internet domain name is being, or will be, used.

Commencement Information

I347 Sch. 18 para. 4 not in force at Royal Assent, see s. 255(1)

Applications for suspension orders: non-disclosure duty U.K.

5 (1) This paragraph applies where notice of an application for a suspension order is given to the person against whom the order is sought.

(2) That person must not disclose the making of the application or its contents to any person except—

(a) with the permission of a judge, or

(b) with the written permission of an appropriate officer (who in England and Wales or Northern Ireland must be within the same sub-paragraph of paragraph 14(1)(a) or (b) as the appropriate officer who made the application for a suspension order).

(3) If the application for a suspension order is dismissed, withdrawn or abandoned sub-paragraph (2) ceases to apply, subject to sub-paragraph (4).

(4) If the application for a suspension order is dismissed a judge may, on the application of an appropriate officer, make an order that sub-paragraph (2) is to continue to apply.

(5) An order under sub-paragraph (4) must specify or describe when sub-paragraph (2) is to cease to apply.

(6) If the judge grants the application for a suspension order, sub-paragraph (2) ceases to apply—

(a) if the suspension order does not impose a non-disclosure requirement under paragraph 6, when the suspension order is made, or

(b) if the suspension order imposes a non-disclosure requirement under paragraph 6, when that requirement expires.

Commencement Information

I348 Sch. 18 para. 5 not in force at Royal Assent, see s. 255(1)

Inclusion of non-disclosure requirements in suspension orders U.K.

6 (1) A suspension order may impose a non-disclosure requirement on the person against whom the order is made.

(2) A non-disclosure requirement is a requirement not to disclose the making of the order or its contents to any person except—

(a) with the permission of a judge, or

(b) with the written permission of an appropriate officer (who in England and Wales or Northern Ireland must be within the same sub-paragraph of paragraph 14(1)(a) or (b) as the appropriate officer who made the application for the order).

(3) A suspension order that imposes a non-disclosure requirement must specify or describe when the requirement is to expire.

Commencement Information

I349 Sch. 18 para. 6 not in force at Royal Assent, see s. 255(1)

Discharge and variation of suspension orders U.K.

7 (1) A judge may discharge or vary a suspension order on an application by—

(a) an appropriate officer, or

(b) any person affected by the order.

(2) If a judge discharges a suspension order which imposes a non-disclosure requirement, they may order that the person against whom the order was made is to remain subject to the non-disclosure requirement.

(3) An order under sub-paragraph (2) may specify or describe a different time when the non-disclosure requirement is to expire than that specified or described in the order that is being discharged.

(4) Sub-paragraph (1) is subject to paragraph 8.

Commencement Information

I350 Sch. 18 para. 7 not in force at Royal Assent, see s. 255(1)

Extension of suspension orders U.K.

8 (1) An appropriate officer may make an application to a judge for the extension of the specified period.

(2) The “specified period” is the period specified in a suspension order as the period for which access to an IP address or internet domain name is to be prevented.

(3) The application must be made before the end of the specified period.

(4) A judge may grant the application if satisfied that there are reasonable grounds to believe that it is necessary and proportionate to continue to prevent access to the IP address or internet domain name to prevent it being used for the purposes of serious crime.

(5) If the application is granted, the extended specified period must end no later than 12 months after the day on which the specified period would have ended if the application had not been made.

(6) If the suspension order imposes a non-disclosure requirement the judge may also, on the application of the appropriate officer, vary the time at which the non-disclosure requirement is to expire.

(7) The specified period may be extended more than once.

Commencement Information

I351 Sch. 18 para. 8 not in force at Royal Assent, see s. 255(1)

Discharge and variation of non-disclosure orders U.K.

9 (1) A judge may discharge or vary a non-disclosure order on an application by—

(a) an appropriate officer, or

(b) the person against whom the order was made.

(2) A “non-disclosure order” means an order under—

(a) paragraph 5(4) (non-disclosure order on dismissal of application), or

(b) paragraph 7(2) (non-disclosure order on discharge of suspension order).

Commencement Information

I352 Sch. 18 para. 9 not in force at Royal Assent, see s. 255(1)

Applications: further provision U.K.

10 (1) An application under this Schedule made by an appropriate officer may be made without notice to a judge in chambers.

(2) In England and Wales and Northern Ireland, an appropriate officer may not make an application under this Schedule unless the officer—

(a) is a senior officer, or

(b) is authorised by a senior officer to make the application.

(3) In England and Wales and Northern Ireland, an application under this Schedule made by an appropriate officer (other than an application for a suspension order) must be made by an appropriate officer who is within the same sub-paragraph of paragraph 14(1)(a) or (b) as the appropriate officer who made the application for the suspension order.

Commencement Information

I353 Sch. 18 para. 10 not in force at Royal Assent, see s. 255(1)

Service of notices and orders U.K.

11 (1) This paragraph applies to—

(a) notice of an application made by an appropriate officer under this Schedule;

(b) an order under this Schedule.

(2) The notice or order may be served on a person (whether the person is in the United Kingdom or outside it) by such means, including electronic means, as rules of court permit.

(3) The notice or order may be served on a person outside the United Kingdom in any of the following ways (as well as by electronic or other means of service)—

(a) by delivering it to the person’s principal office within the United Kingdom or, if the person has no such office in the United Kingdom, to any place in the United Kingdom where the person carries on business or conducts activities,

(b) if the person has specified an address in the United Kingdom as one at which the person, or someone on the person’s behalf, will accept service of documents of the same description as the notice or order, by delivering it to that address, or

(c) by making it available for inspection (whether to the person or to someone acting on the person’s behalf) at a place in the United Kingdom (subject to sub-paragraph (4)).

(4) The notice or order may be served on a person outside the United Kingdom in the way mentioned in sub-paragraph (3)(c) only if—

(a) it is not reasonably practicable for it to be served by any other means (whether as mentioned in sub-paragraph (3)(a) or (b) or otherwise), and

(b) the person serving it takes such steps as they consider appropriate for the purpose of bringing its contents, and its availability for inspection, to the attention of the person on whom it is being served.

(5) The steps mentioned in sub-paragraph (4)(b) must be taken as soon as reasonably practicable after the notice or order is made available for inspection.

Commencement Information

I354 Sch. 18 para. 11 not in force at Royal Assent, see s. 255(1)

Rules of court U.K.

12 Provision as to the practice and procedure to be followed in connection with proceedings relating to orders under this Schedule may be made—

(a) in England and Wales, by Criminal Procedure Rules;

(b) in Northern Ireland, by Crown Court Rules;

(c) in Scotland (without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995), by rules of court made by Act of Adjournal.

Commencement Information

I355 Sch. 18 para. 12 not in force at Royal Assent, see s. 255(1)

Effect of orders U.K.

13 In England and Wales and Northern Ireland, an order under this Schedule has effect as if it were an order of the court.

Commencement Information

I356 Sch. 18 para. 13 not in force at Royal Assent, see s. 255(1)

“Appropriate officer” and “senior officer” U.K.

14 (1) In this Schedule “appropriate officer”—

(a) in England and Wales, means—

(i) a constable,

(ii) a National Crime Agency officer,

(iii) an officer of Revenue and Customs,

(iv) a member of staff of the Financial Conduct Authority, or

(v) a person designated or appointed as an enforcement officer by the Gambling Commission under section 303 of the Gambling Act 2005;

(b) in Northern Ireland, means—

(i) a constable,

(ii) a National Crime Agency officer,

(iii) an officer of Revenue and Customs, or

(iv) a member of staff of the Financial Conduct Authority;

(c) in Scotland, means a procurator fiscal.

(2) In this Schedule “senior officer” means—

(a) a constable of at least the rank of superintendent;

(b) the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for the purposes of this Schedule;

(c) an officer of Revenue and Customs of at least the grade of senior officer;

(d) a member of staff of the Financial Conduct Authority of at least the grade of head of department;

(e) a member of staff of the Gambling Commission of at least the grade of director.

Commencement Information

I357 Sch. 18 para. 14 not in force at Royal Assent, see s. 255(1)

“Judge” U.K.

15 In this Schedule “judge” means—

(a) in England and Wales, a judge entitled to exercise the jurisdiction of the Crown Court;

(b) in Northern Ireland, a judge of the Crown Court;

(c) in Scotland, a sheriff or summary sheriff.

Commencement Information

I358 Sch. 18 para. 15 not in force at Royal Assent, see s. 255(1)

“IP address provider” U.K.

16 In this Schedule an “IP address provider” means a person (“P”) that allocates IP addresses, where those IP addresses have been allocated to P by another person for the purpose of onward allocation.

Commencement Information

I359 Sch. 18 para. 16 not in force at Royal Assent, see s. 255(1)

“Internet domain registry” and “registrar” U.K.

17 (1) In this Schedule an “internet domain registry” means a person that—

(a) maintains a relevant register of internet domain names, and

(b) operates a computer program or server that forms part of the system that enables the names included in the register to access internet protocol addresses or other information by means of the internet.

(2) “Relevant register of internet domain names” means a register of—

(a) the names of second level internet domains that form part of the same top level internet domain, or

(b) the names of third level internet domains that form part of the same second level internet domain.

(3) “Second level internet domain” means an internet domain indicated by the last two elements of an internet domain name.

(4) “Third level internet domain” means an internet domain indicated by the last three elements of an internet domain name.

(5) “Top level internet domain” means an internet domain indicated by the last element of an internet domain name.

Commencement Information

I360 Sch. 18 para. 17 not in force at Royal Assent, see s. 255(1)

18 (1) In this Schedule a “registrar” for an internet domain registry is a person authorised by the registry to act on behalf of end-users in connection with the registration of internet domain names.

(2) “End-user” means a person who has been, or wants to be, allocated an internet domain name that is or would be included in the register maintained by the registry.

Commencement Information

I361 Sch. 18 para. 18 not in force at Royal Assent, see s. 255(1)

“Crime”, “serious crime” etc U.K.

19 (1) In this Schedule “crime” means conduct which—

(a) constitutes one or more criminal offences, or

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

(2) In this Schedule “serious crime” means crime where—

(a) the offence, or one of the offences, which is or would be constituted by the conduct concerned is an offence for which a person who has reached the age of 18 (or, in Scotland or Northern Ireland, 21) and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of 3 years or more, or

(b) the conduct involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose.

(3) In this Schedule serious crime is connected with unlicensed gambling if the offence, or one of the offences, which is or would be constituted by the conduct concerned is an offence under section 33 of the Gambling Act 2005.

Commencement Information

I362 Sch. 18 para. 19 not in force at Royal Assent, see s. 255(1)

“UK person” U.K.

20 In this Schedule “UK person” means—

(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

(b) a person who under the British Nationality Act 1981 is a British subject,

(c) a British protected person within the meaning of that Act,

(d) an individual who lives in the United Kingdom,

(e) a body incorporated under the law of a part of the United Kingdom, or

(f) an unincorporated association formed under the law of a part of the United Kingdom.

Commencement Information

I363 Sch. 18 para. 20 not in force at Royal Assent, see s. 255(1)

Further interpretation U.K.

21 (1) This paragraph applies for the interpretation of this Schedule.

(2) “Domain name suspension order” has the meaning given by paragraph 3(2).

(3) “IP address” means an internet protocol address.

(4) “IP address suspension order” has the meaning given by paragraph 1(2).

(5) References to a part of the United Kingdom are references to—

(a) England and Wales,

(b) Scotland, or

(c) Northern Ireland.

(6) “Suspension order” means—

(a) an IP address suspension order, or

(b) a domain name suspension order.

Commencement Information

I364 Sch. 18 para. 21 not in force at Royal Assent, see s. 255(1)

Prospective

Section 179

Schedule 19 U.K. Amendments to Chapter 3 of Part 2 of the Police, Crime, Sentencing and Courts Act 2022

1 U.K. Chapter 3 of Part 2 of the Police, Crime, Sentencing and Courts Act 2022 (extraction of information from electronic devices) is amended as follows.

Commencement Information

I365 Sch. 19 para. 1 not in force at Royal Assent, see s. 255(1)

2 U.K. In the Chapter heading—

(a) for “information from” substitute “information:”;

(b) after “devices” insert “and online accounts”.

Commencement Information

I366 Sch. 19 para. 2 not in force at Royal Assent, see s. 255(1)

3 (1) Section 37 (extraction of information from electronic devices: investigations of crime etc) is amended as follows. U.K.

(2) In the heading, omit “from electronic devices”.

(3) After subsection (1) insert—

“(1A) An authorised person may extract information accessible by means of an online account if—

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

(b) that user has agreed to the extraction by an authorised person of information accessible by means of the account.

(1B) The power in subsection (1A)(b) may be exercised only in relation to information which is or was accessible by means of the online account at such time or times as have been agreed by the user of the account.”

(4) In subsection (2)—

(a) for “power” substitute “powers”;

(b) after “(1)” insert “and (1A)”.

(5) In subsection (5)—

(a) after “(1)” insert “or (1A)”;

(b) after “electronic device” (in both places) insert “, or accessible by means of the online account,”.

(6) In subsection (6)—

(a) in the words before paragraph (a), after “the power” insert “in subsection (1) or (1A)”;

(b) in paragraph (b), after “(1)” insert “or (1A)”.

(7) In subsection (7), after “(1)” insert “or (1A)”.

(8) In subsection (8), after “(1)” insert “or (1A)”.

(9) In subsection (9), after “the power” insert “in subsection (1) or (1A)”.

(10) In subsection (10)—

(a) in paragraph (a), for the words from “information” to the end substitute “information—

(i) likely to be stored on the device, or

(ii) likely to be accessible by means of the online account, and”;

(b) in paragraph (b)(ii), after “(1)” insert “or (1A)”.

(11) In subsection (11), after “(1)” insert “or (1A)”.

(12) In subsection (13)—

(a) after the definition of “information” insert—

• ““online account” means an account by means of which information held on a service provided by means of the internet is made accessible;”;

(b) for the definition of “user” substitute—

• ““user”—

  (a)

  in relation to an electronic device, means a person who ordinarily uses the device;

  (b)

  in relation to an online account, means a person who ordinarily uses the account.”

Commencement Information

I367 Sch. 19 para. 3 not in force at Royal Assent, see s. 255(1)

4 (1) Section 38 (application of section 37 to children and adults without capacity) is amended as follows. U.K.

(2) After subsection (2) insert—

“(2A) A child is not to be treated for the purposes of section 37(1A) as being capable of—

(a) voluntarily providing access to an online account for those purposes, or

(b) agreeing for those purposes to the extraction by an authorised person of information accessible by means of the online account.

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

(a) voluntarily provide access to the online account to an authorised person for the purposes of section 37(1A), and

(b) agree for those purposes to the extraction by an authorised person of information accessible by means of the online account.”

(3) In subsection (3), for “subsection (2)” substitute “subsections (2) and (2B)”.

(4) In subsection (4), after “(2),” insert “or the power under section 37(1A) by virtue of subsection (2B),”.

(5) In subsection (5)—

(a) after “37(1)” insert “or (1A)”;

(b) after “(2)” insert “or (2B)”.

(6) After subsection (7) insert—

“(7A) An adult without capacity is not to be treated for the purposes of section 37(1A) as being capable of—

(a) voluntarily providing access to an online account for those purposes, or

(b) agreeing for those purposes to the extraction by an authorised person of information accessible by means of the online account.

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

(a) voluntarily provide access to the online account to an authorised person for the purposes of section 37(1A), and

(b) agree for those purposes to the extraction by an authorised person of information accessible by means of the online account.”

(7) In subsection (8)—

(a) in the words before paragraph (a), for “subsection (7)” substitute “subsections (7) and (7B)”;

(b) after “and (b)” (in each place) insert “, or for the purposes of subsection (7B)(a) and (b),”.

(8) In subsection (9), for the words from “prevents” to the end substitute “prevents—

(a) any other user of an electronic device who is not a child or an adult without capacity from—

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

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

(b) any other user of an online account who is not a child or an adult without capacity from—

(i) voluntarily providing access to the online account to an authorised person for the purposes of section 37(1A), or

(ii) agreeing for those purposes to the extraction by an authorised person of information accessible by means of the online account.”

(9) In subsection (10), after “and (b)” (in each place) insert “or (1A)(a) and (b)”.

(10) In subsection (11), in the definition of “relevant authorised person”, for the words from “person”” to the end substitute “person”—

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

(b) in relation to the extraction of information accessible by means of an online account for a particular purpose, means an authorised person who may extract the information accessible by means of the online account for that purpose;”.

Commencement Information

I368 Sch. 19 para. 4 not in force at Royal Assent, see s. 255(1)

5 (1) Section 39 (requirements for voluntary provision and agreement) is amended as follows. U.K.

(2) After subsection (1) insert—

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

(a) voluntarily provided access to an online account to an authorised person, and

(b) agreed to the extraction by an authorised person of information accessible by means of the online account,

only if the requirements of this section have been met.”

(3) In subsection (2), for the words from “to provide” to the end substitute “to—

(a) provide the device or agree to the extraction of information from it, or

(b) provide access to the online account or agree to the extraction of information accessible by means of it.”

(4) In subsection (3)—

(a) in paragraph (d), for the words from “may” to the end substitute “may—

(i) refuse to provide the device or agree to the extraction of information from it, or

(ii) refuse to provide access to the online account or agree to the extraction of information accessible by means of it, and”;

(b) in paragraph (e), for the words from “P refuses” to the end substitute “P—

(i) refuses to provide the device or agree to the extraction of information from it, or

(ii) refuses to provide access to the online account or agree to the extraction of information accessible by means of it.”

(5) In subsection (4), for the words from “that” to the end substitute “that—

(a) P has—

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

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

(b) P has—

(i) voluntarily provided access to the online account to an authorised person, and

(ii) agreed to the extraction by the authorised person of information accessible by means of the online account.”

Commencement Information

I369 Sch. 19 para. 5 not in force at Royal Assent, see s. 255(1)

6 (1) Section 40 (application of section 37 where user has died etc) is amended as follows. U.K.

(2) After subsection (1) insert—

“(1A) If any of conditions A to C is met, an authorised person may exercise the power in section 37(1A) to extract information accessible by means of an online account even though—

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

(b) no user of the account has agreed to the extraction by an authorised person of information accessible by means of the account.”

(3) In subsection (2)—

(a) in paragraph (a), for “, and” substitute “and the person was a user of the device immediately before their death, or”;

(b) for paragraph (b) substitute—

“(b) a person who was a user of the online account has died and the person was a user of the online account before their death.”

(4) In subsection (3)(a), after “device” insert “or online account”.

(5) In subsection (4)—

(a) in paragraph (a), after “device” insert “or online account”;

(b) in paragraph (b), for the words from “was” to the end substitute “was—

(i) a user of the device immediately before they went missing, or

(ii) a user of the online account before they went missing, and”.

(6) In subsection (5), after “(1)” insert “or (1A)”.

Commencement Information

I370 Sch. 19 para. 6 not in force at Royal Assent, see s. 255(1)

7 (1) Section 41 (extraction of information from electronic devices: investigations of death) is amended as follows. U.K.

(2) In the heading, omit “from electronic devices”.

(3) After subsection (1) insert—

“(1A) An authorised person may extract information accessible by means of an online account if—

(a) a person who was a user of the online account has died, and

(b) the person was a user of the account before their death.”

(4) In subsection (2)—

(a) for “power” substitute “powers”;

(b) after “(1)” insert “and (1A)”.

(5) In subsection (3)—

(a) for “the power” substitute “the powers”;

(b) after “(1)” insert “and (1A)”;

(c) for “that power” substitute “those powers”.

(6) In subsection (4)—

(a) after “(1)” insert “or (1A)”;

(b) in paragraph (a), after “device” insert “, or accessible by means of the online account,”.

(7) In subsection (5), after “the power” insert “in subsection (1) or (1A)”.

(8) In subsection (6), after “the power” insert “in subsection (1) or (1A)”.

(9) In subsection (7), after “(1)” insert “or (1A)”.

(10) In subsection (8), after “the power” insert “in subsection (1) or (1A)”.

(11) In subsection (9)(a), for the words from “information” to the end substitute “information—

(i) likely to be stored on the device, or

(ii) likely to be accessible by means of the online account, and”.

(12) In subsection (10), after “(1)” insert “or (1A)”.

Commencement Information

I371 Sch. 19 para. 7 not in force at Royal Assent, see s. 255(1)

8 U.K. In section 42 (code of practice about the extraction of information), in subsection (1)—

(a) after “37(1) and” insert “(1A) and”;

(b) after “41(1)” insert “and (1A)”.

Commencement Information

I372 Sch. 19 para. 8 not in force at Royal Assent, see s. 255(1)

9 (1) Section 44 (authorised persons) is amended as follows. U.K.

(2) In subsection (2), for “power in subsection (1)” substitute “powers in subsections (1) and (1A)”.

(3) In subsection (3)—

(a) for “power” substitute “powers”;

(b) after “41(1)” insert “and (1A)”.

Commencement Information

I373 Sch. 19 para. 9 not in force at Royal Assent, see s. 255(1)

10 U.K. In Schedule 3 (extraction of information from electronic devices: authorised persons)—

(a) in the Schedule heading, omit “from electronic devices”;

(b) after “electronic devices” (in each place) insert “, or the extraction of information accessible by means of online accounts,”.

Commencement Information

I374 Sch. 19 para. 10 not in force at Royal Assent, see s. 255(1)

Prospective

Section 183

Schedule 20 E+W Drug testing in police detention: trigger offences

Commencement Information

I375 Sch. 20 not in force at Royal Assent, see s. 255(1)

This is the Schedule to be inserted after Schedule 2A to the Police and Criminal Evidence Act 1984—

Section 63C

“Schedule 2B E+W Testing for controlled drugs: trigger offences

Common law offences

1 Common assault.

2 Battery.

Offences against the Person Act 1861

3 Offences under the following provisions of the Offences against the Person Act 1861—

(a) section 16 (threats to kill);

(b) section 18 (wounding with intent to cause grievous bodily harm);

(c) section 20 (malicious wounding);

(d) section 47 (assault occasioning actual bodily harm).

Children and Young Persons Act 1933

4 An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to persons under sixteen).

Prevention of Crime Act 1953

5 An offence under section 1 of the Prevention of Crime Act 1953 (carrying offensive weapon in public place).

Restriction of Offensive Weapons Act 1959

6 An offence under section 1(1A) of the Restriction of Offensive Weapons Act 1959 (possession of flick knife, flick gun or gravity knife).

Theft Act 1968, etc

7 Offences under the following provisions of the Theft Act 1968—

(a) section 1 (theft);

(b) section 8 (robbery);

(c) section 9 (burglary);

(d) section 10 (aggravated burglary);

(e) section 12 (taking motor vehicle or other conveyance without authority);

(f) section 12A (aggravated vehicle-taking);

(g) section 22 (handling stolen goods);

(h) section 25 (going equipped for stealing, etc).

8 An offence under section 1(1) of the Criminal Attempts Act 1981, if committed in respect of an offence under any of the following provisions of the Theft Act 1968—

(a) section 1 (theft);

(b) section 8 (robbery);

(c) section 9 (burglary);

(d) section 22 (handling stolen goods).

Misuse of Drugs Act 1971

9 Offences under the following provisions of the Misuse of Drugs Act 1971, if committed in respect of a specified controlled drug—

(a) section 4 (restriction of production and supply of controlled drugs);

(b) section 5(2) (possession of controlled drug);

(c) section 5(3) (possession of controlled drug with intent to supply).

Criminal Damage Act 1971

10 Offences under the following provisions of the Criminal Damage Act 1971, other than an offence of arson—

(a) section 1(1) (destroying or damaging property);

(b) section 1(2) (destroying or damaging property with intent to endanger life, etc).

Public Order Act 1986

11 Offences under the following provisions of the Public Order Act 1986—

(a) section 2 (violent disorder);

(b) section 3 (affray);

(c) section 4 (fear or provocation of violence);

(d) section 4A (intentional harassment, alarm or distress);

(e) section 4B (intentional harassment, alarm or distress on account of sex);

(f) section 5 (harassment).

Criminal Justice Act 1988

12 Offences under the following provisions of the Criminal Justice Act 1988—

(a) section 139 (having article with blade or point in public place);

(b) section 139A(1) (having article with blade or point on education premises);

(c) section 139A(2) (having offensive weapon on education premises);

(d) section 141(1A) (possession of offensive weapon in private).

Road Traffic Act 1988

13 Offences under the following provisions of the Road Traffic Act 1988—

(a) section 4(1) (driving when unfit through drink or drugs);

(b) section 4(2) (being in charge when unfit through drink or drugs).

Football (Offences) Act 1991

14 Offences under the following provisions of the Football (Offences) Act 1991—

(a) section 2 (throwing of missiles);

(b) section 3 (indecent or racialist chanting);

(c) section 4 (going onto the playing area).

Protection from Harassment Act 1997

15 Offences under the following provisions of the Protection from Harassment Act 1997—

(a) section 2 (harassment);

(b) section 2A (stalking);

(c) section 4 (putting people in fear of violence);

(d) section 4A (stalking involving fear of violence or serious alarm or distress).

Crime and Disorder Act 1998

16 An offence under section 32 of the Crime and Disorder Act 1998 (racially or religiously aggravated harassment, etc).

Criminal Justice and Police Act 2001

17 An offence under section 42A of the Criminal Justice and Police Act 2001 (harassment etc of a person in their home).

Sexual Offences Act 2003

18 Offences under the following provisions of the Sexual Offences Act 2003—

(a) section 1 (rape);

(b) section 2 (assault by penetration);

(c) section 3 (sexual assault);

(d) section 61 (administering a substance with intent).

Serious Crime Act 2015

19 Offences under the following provisions of the Serious Crime Act 2015—

(a) section 75A (strangulation or suffocation);

(b) section 76 (controlling or coercive behaviour).”

Section 189(1)

Schedule 21 U.K. Confiscation orders: England and Wales

Part 1 E+W The principal objective

1 (1) The Proceeds of Crime Act 2002 is amended as follows. E+W

(2) At the beginning of Part 2 insert—

“Exercise of powers: general E+W

5A The principal objective

(1) This section applies to any power conferred by or under this Part on—

(a) a court;

(b) a prosecutor;

(c) a person who is an appropriate officer within the meaning given by section 41A(3) or 47A(1);

(d) any other person whose functions include the investigation of crime;

(e) a receiver appointed under section 48 or 50.

(2) The principal objective in exercising a power to which this section applies in relation to a defendant is to deprive the defendant of the defendant’s benefit from criminal conduct, so far as within the defendant’s means.

(3) The defendant’s means are to be taken to include any tainted gifts made by the defendant.

(4) A court or person must exercise any power to which this section applies in the way which the court or person considers is best calculated to further the principal objective.

(5) The duty under section 2A(1) does not apply to the exercise by a relevant authority of a power to which this section applies if and to the extent that exercising the power in compliance with that duty would be inconsistent with doing so in compliance with the duty under subsection (4).

(6) In subsection (5) “relevant authority” has the meaning given by section 2A(2).”

(3) In the italic heading before section 69, after “of” insert “specific”.

(4) In section 69 (powers of court and receiver etc)—

(a) in the heading, at the beginning insert “Specific”;

(b) in subsection (3), in the words before paragraph (a), after “subject to” insert “the principal objective (see section 5A) and”.

Commencement Information

I376 Sch. 21 para. 1 not in force at Royal Assent, see s. 255(1)

I377 Sch. 21 para. 1 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Part 2 E+W Criminal lifestyle

Prosecutor’s discretion E+W

2 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 6(4) (making of order: criminal lifestyle and conduct)—

(a) in paragraph (a), at the beginning insert “if asked to do so by the prosecutor”;

(b) in paragraph (b), after “if” insert “(pursuant to paragraph (a))”;

(c) in paragraph (c), at the beginning insert “if it is not asked to decide whether the defendant has a criminal lifestyle or”.

(3) In section 16 (statement of information)—

(a) after subsection (2) insert—

“(2A) The statement of information must indicate whether or not the case is one in which the court is asked to decide whether the defendant has a criminal lifestyle (see section 6(4)).”;

(b) in subsection (3), for “prosecutor believes”, in the first place it occurs, substitute “case is one in which the court is asked to decide whether”;

(c) in subsection (5), for “prosecutor does not believe” substitute “case is one in which the court is not asked to decide whether”.

(4) In section 20(2) (no order made: reconsideration of benefit)—

(a) omit “has decided that”;

(b) in paragraph (a), for “the defendant has a criminal lifestyle but” substitute “has decided under section 6(4)(b) that the defendant”;

(c) in paragraph (b), for “the defendant does not have a criminal lifestyle and” substitute “has decided under section 6(4)(c) that the defendant”.

Commencement Information

I378 Sch. 21 para. 2 not in force at Royal Assent, see s. 255(1)

I379 Sch. 21 para. 2 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

The serious risk of injustice test E+W

3 In section 10 of the Proceeds of Crime Act 2002 (assumptions to be made in case of criminal lifestyle), after subsection (6) insert—

“(6A) In determining whether there would be a serious risk of injustice if a required assumption were made in relation to particular property or expenditure, the court must consider all the circumstances of the case and must, in particular, give the appropriate weight to—

(a) any evidence about the serious risk of injustice that has been made available to it, and

(b) any explanation given by the defendant for being unable to provide evidence that would have shown the assumption to be incorrect.”

Commencement Information

I380 Sch. 21 para. 3 not in force at Royal Assent, see s. 255(1)

I381 Sch. 21 para. 3 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Cases in which defendant has a criminal lifestyle E+W

4 (1) Section 75 of the Proceeds of Crime Act 2002 (criminal lifestyle) is amended as follows.

(2) In subsection (3)—

(a) after “benefited”, in the first place it occurs, insert “, or intended to benefit,”;

(b) in paragraph (a)—

(i) for “three”, in both places it occurs, substitute “two”;

(ii) after “benefited” insert “or intended to benefit”;

(c) in paragraph (b), after “benefited” insert “or intended to benefit”.

(3) The amendments made by sub-paragraph (2)(a), (b)(ii) and (c) do not apply in relation to conduct that took place wholly or partly before the date on which those provisions come into force.

Commencement Information

I382 Sch. 21 para. 4 not in force at Royal Assent, see s. 255(1)

I383 Sch. 21 para. 4 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Criminal lifestyle offences E+W

5 (1) Schedule 2 to the Proceeds of Crime Act 2002 (criminal lifestyle offences) is amended as follows.

(2) In paragraph 8(1) (offences in connection with brothels), after “section 33” insert “, 33A”.

(3) After paragraph 9B insert—

Environmental offences

9C (1) An offence under section 33(1)(a) of the Environmental Protection Act 1990 (depositing, or causing or permitting the deposit of, certain waste, otherwise than in accordance with an environmental permit).

(2) An offence under regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) (operating a regulated facility, or causing or knowingly permitting a water discharge activity or groundwater activity, otherwise than in accordance with an environmental permit).”

(4) An amendment made by sub-paragraph (2) or (3) does not apply in relation to an offence committed wholly or partly before the coming into force of the sub-paragraph in question.

Commencement Information

I384 Sch. 21 para. 5 not in force at Royal Assent, see s. 255(1)

I385 Sch. 21 para. 5 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Part 3 E+W Provisions concerning amount to be paid under confiscation order

Prospective

Recoverable amount E+W

6 (1) Section 7 of the Proceeds of Crime Act 2002 (recoverable amount) is amended in accordance with sub-paragraphs (2) and (3).

(2) In subsection (2), for “shows” substitute “proves or the court is otherwise satisfied”.

(3) In subsection (4)—

(a) in the words before paragraph (a), omit “for the purposes of subsection (1),”;

(b) before paragraph (a) insert—

“(za) any property in respect of which an order falling within section 13(3)(b), (c) or (d) was made before the court proceeded under section 6 (see section 15A(2)(c)),”;

(c) omit the “and” at the end of paragraph (c);

(d) at the end insert—

“(e) any property that has been restored to a victim of the conduct concerned, or any other person entitled to recover it,

(f) any property that has been handed over to an appropriate officer within the meaning given by section 41A(3) or 47A(1),

(g) any property that, having been seized under a power conferred by or by virtue of—

(i) a warrant granted under any enactment or rule of law, or

(ii) any enactment, or rule of law, under which the authority of a warrant is not required,

has not subsequently been released, and

(h) any amount paid by the defendant by way of compensation in connection with the conduct concerned to any victim of the conduct in respect of loss, injury or damage sustained by the victim.”

(4) In section 21 of that Act (order made: reconsideration of benefit)—

(a) for subsection (1)(b) substitute—

“(b) either or both of the conditions mentioned in subsection (1A) are met,”;

(b) after subsection (1) insert—

“(1A) The conditions are that—

(a) there is evidence which was not available to the prosecutor at the relevant time;

(b) there is property that—

(i) but for section 7(4)(g) (seized property), would have been taken into account in calculating the relevant amount, and

(ii) has been released to the defendant since the relevant time.”

Commencement Information

I386 Sch. 21 para. 6 not in force at Royal Assent, see s. 255(1)

Hidden property E+W

7 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 9(1) (available amount)—

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

(b) at the end of paragraph (b) insert “, and

(c) any amount determined under section 9A (value of hidden property).”

(3) After that section insert—

“9A Hidden property

(1) This section applies where it appears to a court calculating the available amount that—

(a) the defendant’s benefit from the conduct concerned exceeds the total of the values (as at the time the confiscation order is made) of—

(i) all the free property then held by the defendant, and

(ii) all tainted gifts, and

(b) some or all of that excess is a result of property having been hidden by or on behalf of the defendant.

(2) The court must determine the total value of the property that the court considers has been hidden by or on behalf of the defendant.

(3) When making a determination under this section the court must, in particular, consider the extent to which there are other circumstances that may account for the excess mentioned in subsection (1)(b), for example—

(a) expenditure incurred by the defendant which has or may have been met from the defendant’s benefit from the conduct concerned;

(b) changes in the value of the property held by the defendant.”

(4) In section 21 (order made: reconsideration of benefit), in subsection (8)(b), for “section 9” substitute “sections 9 and 9A”.

(5) In section 22 (order made: reconsideration of available amount), in subsection (3), for “section 9” substitute “sections 9 and 9A”.

(6) In section 23 (inadequacy of available amount: variation of order), in subsection (2), for “section 9” substitute “sections 9 and 9A”.

Commencement Information

I387 Sch. 21 para. 7 not in force at Royal Assent, see s. 255(1)

I388 Sch. 21 para. 7 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Tainted gifts E+W

8 In section 77 of the Proceeds of Crime Act 2002 (tainted gifts), for subsection (5) substitute—

“(5) A gift is tainted if it was made by the defendant—

(a) at any time after the commission of the offence concerned, or

(b) if the defendant’s particular criminal conduct consists of two or more offences and they were committed at different times, at any time after the commission of the earliest of the offences.”

Commencement Information

I389 Sch. 21 para. 8 not in force at Royal Assent, see s. 255(1)

I390 Sch. 21 para. 8 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Benefit E+W

9 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 76 (conduct and benefit), after subsection (7) insert—

“(8) But in a case where—

(a) the person—

(i) intended to have only a limited power to control or dispose of all or part of the property,

(ii) held the property temporarily, or

(iii) is treated as obtaining the property as a result of section 84(3), and

(b) the court believes that the amount found under subsection (7) in relation to the property would produce a result that would be unjust,

the court may reduce that amount to such amount (including zero) as the court believes is just.”

(3) In section 84 (property: general provisions)—

(a) in subsection (2)(b), at the end insert “(and see subsection (3))”;

(b) after subsection (2) insert—

“(3) If, as a result of or in connection with conduct, a person keeps property that the person already has, where the court believes it just to do so the person is to be treated as obtaining the property as a result of or in connection with the conduct.”

Commencement Information

I391 Sch. 21 para. 9 not in force at Royal Assent, see s. 255(1)

I392 Sch. 21 para. 9 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Value of property obtained E+W

10 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 79(5) (value: the basic rule), after “80” insert “, 80A”.

(3) In section 80 (value of property obtained from conduct), after subsection (4) insert—

“(5) If only a proportion of the property was obtained by the person as a result of or in connection with the person’s criminal conduct, only that proportion is to be taken into account for the purposes of subsections (2) to (4).

(6) This section does not apply in a case where section 80A applies.”

(4) After that section insert—

“80A Mortgages

(1) This section applies if—

(a) a person uses a loan obtained as a result of or in connection with the person’s criminal conduct to purchase an interest in land,

(b) the loan is secured by a mortgage over the interest in land, and

(c) the interest in land has increased in value during the loan period.

(2) The value, at the material time, of the property obtained as a result of or in connection with the person’s criminal conduct is to be taken to be the amount found using the following formula—

where—

• A is the amount of the loan;

• B is the value of the interest in land at the time it was purchased;

• C is the amount by which the interest in land has increased in value between that time and the end of the loan period.

(3) The value of the interest in land at the beginning and end of the loan period is to be found in accordance with section 79.

(4) If the loan period ends before the material time, the amount found under subsection (2) is to be adjusted to take account of changes in the value of money between the end of the loan period and the material time.

(5) In this section—

• “the loan period” is the period between the time when the loan is obtained and the earlier of—

  (a)

  the time when the principal, and any interest due, is repaid, and

  (b)

  the material time;

• “the material time” is the time the court makes its decision.”

Commencement Information

I393 Sch. 21 para. 10 not in force at Royal Assent, see s. 255(1)

I394 Sch. 21 para. 10 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Value of property sold or destroyed E+W

11 (1) Section 80 of the Proceeds of Crime Act 2002 (value of property obtained from conduct) is amended as follows.

(2) In subsection (2), at the beginning insert “Except where subsection (3A) or (3B) applies,”.

(3) After subsection (3) insert—

“(3A) Where the person no longer holds the property obtained because it has been sold, the value of the property at the material time is the greater of the following—

(a) the proceeds of the sale, adjusted to take account of later changes in the value of money;

(b) the value (immediately before the sale) of the property, adjusted to take account of later changes in the value of money.

(3B) Where the person no longer holds the property obtained because it has been destroyed by virtue of a court order under section 51(2)(e) or section 67AA (orders for destruction of cryptoassets), the value of the property at the material time is the market value of the property as set out in the court order, adjusted to take account of later changes in the value of money.

(3C) For the purposes of subsection (3A)(a), if the proceeds of the sale are in a currency other than sterling, they must be taken to be the sterling equivalent calculated in accordance with the rate of exchange prevailing at the end of the day of the sale.”

(4) In subsection (4), after “(2)(a) and (b)” insert “and subsection (3A)(b)”.

Commencement Information

I395 Sch. 21 para. 11 not in force at Royal Assent, see s. 255(1)

I396 Sch. 21 para. 11 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Part 4 E+W Priority orders

Priority orders E+W

12 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 13 (effect of confiscation order on court’s other powers), for subsections (5) and (6) substitute—

“(5) Where a court makes a confiscation order or priority order the effect of which is that subsection (6) applies, the court making that order must also make a priority payment direction.

(6) This subsection applies if, in the same proceedings (see section 85 for the meaning of “proceedings”) the following are made against the same person—

(a) a confiscation order, and

(b) one or more priority orders.

(7) A “priority payment direction” is a direction that any amount payable under the priority order (or orders) that remains unpaid when any sum is recovered under the confiscation order is to be paid out of that sum.”

(3) In section 19 (no order made: reconsideration of case), omit subsection (8).

(4) In section 20 (no order made: reconsideration of benefit), omit subsection (12).

(5) In section 21 (order made: reconsideration of benefit)—

(a) in subsection (9), omit paragraphs (c), (ca) and (d);

(b) omit subsection (10).

(6) In section 22 (order made: reconsideration of available amount)—

(a) in subsection (5), omit paragraphs (c) and (d);

(b) omit subsection (6).

(7) In section 55 (sums received by designated officer), for subsection (5) substitute—

“(5) If a priority payment direction was made under section 13(5), the designated officer must next apply the sums in payment of any amounts payable under the priority order (or orders) that remain unpaid.

(5A) In a case in which there is more than one priority order the sums are to be applied in the order in which the priority orders were made, starting with the earliest of them.”

Commencement Information

I397 Sch. 21 para. 12 not in force at Royal Assent, see s. 255(1)

I398 Sch. 21 para. 12 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Part 5 E+W Compensation directions

Compensation directions E+W

13 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) After section 22 insert—

“22A Increased available amount: compensation directions

(1) This section applies where under section 22(4) a court varies a confiscation order so as to increase the amount required to be paid under the order.

(2) The court may make a supplementary compensation direction if—

(a) a compensation order has been made against the defendant in respect of the offence (or any of the offences) concerned, and

(b) at the time the compensation order was made, the amount of the compensatable loss that had been sustained by the person in whose favour it was made was greater than the amount required to be paid by the compensation order.

(3) A supplementary compensation direction is a direction that so much of the amount recovered under the confiscation order as the court considers appropriate is to be paid to the person in whose favour the compensation order was made.

(4) That amount must not exceed the difference between—

(a) the amount of the compensatable loss that had been sustained by the person at the time the compensation order was made, and

(b) the amount required to be paid to the person by the compensation order,

or so much of that difference as remains unpaid.

(5) If the amount mentioned in subsection (4)(a) exceeds any applicable maximum amount, subsection (4) applies as if the amount in subsection (4)(a) were the applicable maximum amount.

(6) The court may make a compensation direction if—

(a) at the time the confiscation order was made, a person was known to the court to have sustained compensatable loss as a result of the offence (or any of the offences) concerned, but

(b) a compensation order has not been made against the defendant in respect of that compensatable loss.

(7) A compensation direction is a direction that so much of the amount recovered under the confiscation order as the court considers appropriate is to be paid to the person mentioned in subsection (6)(a).

(8) That amount must not exceed—

(a) the amount of the compensatable loss that had been sustained by the person as a result of the offence (or any of the offences) concerned at the time the confiscation order was made, or

(b) so much of that amount as remains unpaid.

(9) If the amount mentioned in subsection (8)(a) exceeds any applicable maximum amount, subsection (8) applies as if the amount in subsection (8)(a) were the applicable maximum amount.

(10) In this section—

• “applicable maximum amount” means the maximum amount of compensation (if any) that a compensation order made against the defendant in respect of the offence (or offences) concerned could have required the defendant to pay;

• “compensatable loss” means personal injury, loss or damage of a kind in respect of which a compensation order could have been made;

• “compensation order” means an order under—

  (a)

  section 130 of the Powers of Criminal Courts (Sentencing) Act 2000, or

  (b)

  Chapter 2 of Part 7 of the Sentencing Code.”

(3) In section 55 (sums received by designated officer) after subsection (5A) (inserted by paragraph 12(7)) insert—

“(5B) If under section 22A (compensation directions) a direction was made for an amount to be paid to a person, the designated officer must next apply the sums in payment of that amount.”

Commencement Information

I399 Sch. 21 para. 13 not in force at Royal Assent, see s. 255(1)

I400 Sch. 21 para. 13 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Part 6 E+W Procedural matters

Timing of confiscation proceedings and effect on sentencing E+W

14 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) Before section 16 insert—

“15A Timing of confiscation proceedings and effect on sentencing

(1) This section applies where the court sentences the defendant for the offence (or any of the offences) concerned before it proceeds under section 6.

(2) In sentencing the defendant for the offence (or any of the offences) concerned the court must not—

(a) impose a fine on the defendant,

(b) make an order falling within section 13(3)(a),

(c) make an order falling within section 13(3)(b), (c) or (d) other than any such order made in respect of property that has little or no market value at the time of sentencing,

(d) make an order for the payment of compensation under Chapter 2 of Part 7 of the Sentencing Code,

(e) make an order for the payment of a surcharge under section 42 of that Code, or

(f) make an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

(3) The court must draw up a timetable for the proceedings under section 6 before the end of the hearing at which it sentences the defendant for the offence (or, where there is more than one, the last offence) concerned.

(4) The court may revise a timetable drawn up under subsection (3).

(5) Section 6 has effect as if the defendant’s particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding the defendant’s sentence for the offence or offences concerned.

(6) The court may, after the conclusion of the proceedings under section 6, vary the sentence by—

(a) imposing a fine on the defendant,

(b) making an order falling within section 13(3),

(c) making an order for the payment of compensation under Chapter 2 of Part 7 of the Sentencing Code,

(d) making an order for the payment of a surcharge under section 42 of that Code, or

(e) making an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

(7) But the court may proceed under subsection (6) only within the period of 56 days beginning with the day on which the court—

(a) makes a confiscation order under section 6, or

(b) decides not to make such an order.

(8) For the purposes of—

(a) section 18(2) of the Criminal Appeal Act 1968 (time limit for notice of appeal or of application for leave to appeal), and

(b) paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of application for leave to refer a case under section 36 of that Act),

the sentence must be regarded as imposed or made on the day on which it is varied under subsection (6).”

(3) Omit sections 14 and 15 (postponement of confiscation proceedings).

Commencement Information

I401 Sch. 21 para. 14 not in force at Royal Assent, see s. 255(1)

I402 Sch. 21 para. 14 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Early resolution meeting E+W

15 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 6, after subsection (7) insert—

“(7A) But the court may, if it believes it is appropriate to do so, decide any question arising under subsection (4) or (5) in accordance with an agreement reached by the prosecutor and defendant at an EROC meeting as mentioned in section 15B(3)(a).”

(3) After section 15A insert—

“15B Early resolution meeting

(1) This section applies where—

(a) the Crown Court is proceeding under section 6, and

(b) the court directs that an early resolution of confiscation meeting (an “EROC meeting”) is to be held.

(2) Before the court proceeds as mentioned in subsection (4) of section 6 (making of order) the prosecutor and the defendant (or the defendant’s legal representative) must attend an EROC meeting.

(3) An EROC meeting is a meeting held with a view to the prosecutor and defendant—

(a) reaching agreement on the question whether a confiscation order is required to be made against the defendant and, if so, on the amount required to be paid by the defendant under the confiscation order, or

(b) in a case where agreement as mentioned in paragraph (a) is not reached, identifying the questions to be decided by the court in proceeding under section 6 on which they disagree.

(4) A direction under subsection (1)(b)—

(a) may be given by the court on application by the prosecutor or of its own motion;

(b) may require or permit the attendance at an EROC meeting of—

(i) any person who it appears to the court holds, or may hold, an interest in key property;

(ii) an accredited financial investigator;

(iii) any other person that the court considers appropriate.

(5) A direction under subsection (1)(b) may be varied or revoked by the court on application by the prosecutor or of its own motion.

(6) Key property is property held by the defendant that the court believes will need to be realised or otherwise used to satisfy any confiscation order that may be made.

15C Early resolution hearing

(1) Following an EROC meeting, the court must hold an EROC hearing if—

(a) the prosecutor and defendant did not reach agreement as mentioned in section 15B(3)(a), or

(b) the prosecutor and defendant did reach agreement, but the court decided not to make a confiscation order under section 6 requiring the defendant to pay the amount agreed.

(2) An “EROC hearing” is a hearing for the court to consider the next steps in the section 6 proceedings.

(3) In this section “EROC meeting” has the meaning given by section 15B.”

Commencement Information

I403 Sch. 21 para. 15 not in force at Royal Assent, see s. 255(1)

I404 Sch. 21 para. 15 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Part 7 E+W Reconsideration and provisional discharge

Order made: reconsideration E+W

16 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) After section 21 insert—

“21A Order made: reconsideration of benefit on decrease in value and sale etc

(1) This section applies if—

(a) a court has made a confiscation order,

(b) there is relevant property,

(c) an application to proceed under this section is made to the Crown Court by—

(i) the prosecutor,

(ii) a receiver appointed under section 50, or

(iii) the designated officer for a magistrates’ court, and

(d) the applicant believes that if the court were to make a new calculation of the defendant’s benefit and in doing so applied section 21(3) to (6), the amount found would not exceed the amount that would be found if the court were to make a new calculation of the defendant’s benefit under subsection (4).

(2) For the purposes of this section, property is “relevant property” if the property was obtained by the defendant as a result of or in connection with the conduct concerned and—

(a) it was held by the defendant when the relevant amount was calculated, but

(b) it is no longer held by the defendant because it has been—

(i) sold, or

(ii) destroyed by virtue of a court order under section 51(2)(e) or section 67AA (orders for the destruction of cryptoassets).

(3) In a case where this section applies, the court must determine whether A is less than B, where—

• “A” is the total of the values of all relevant property as decided in accordance with section 80(3A) or (3B) (as appropriate), and

• “B” is the total of the values at which that property was taken into account when the relevant amount was calculated, adjusted to take account of changes in the value of money since it was calculated.

(4) If A is less than B, the court must make a new calculation of the defendant’s benefit by—

(a) adjusting the relevant amount to take account of changes in the value of money since it was calculated, and

(b) deducting from that adjusted amount the amount by which A is less than B.

(5) Subsection (6) applies where—

(a) the court makes a new calculation of the defendant’s benefit under subsection (4), and

(b) the court determines that C is less than D, where—

• “C” is the amount that, if it was adjusted to take account of changes in the value of money since the amount required to be paid was last determined, would give the amount found under the new calculation of the defendant’s benefit, and

• “D” is the amount required to be paid under the order.

(6) The court must vary the order by substituting C for the amount required to be paid.

(7) The variation of the order under subsection (6) does not—

(a) affect the defendant’s liability to pay any interest which was payable under section 12 for a period before the variation of the order but which had not been paid at the time of the variation, or

(b) give rise to any obligation to refund any amount already paid by the defendant under the order.

(8) The relevant amount is—

(a) the amount found as the defendant’s benefit for the purposes of the confiscation order, or

(b) if one or more new calculations of the defendant’s benefit have been made under section 21 or this section, the amount found on the occasion of the last such calculation.”

(3) In section 21 (order made: reconsideration of benefit)—

(a) after subsection (11) insert—

“(11A) Section 11 applies in relation to a confiscation order when it is varied under this section as it applies in relation to a confiscation order when it is made (reading references to the making of the order as references to the varying of the order and references to the day on which the order is made as references to the day on which the order is varied).

(11B) Where section 12 applies in relation to a confiscation order that has been varied under this section, the reference in section 12(3)(c) to the day on which the order was made is to be read as a reference to the day on which the order was varied.”;

(b) in subsection (13)—

(i) in paragraph (a), for “if this section has not applied previously;” substitute “or”;

(ii) for paragraph (b) substitute—

“(b) if one or more new calculations of the defendant’s benefit have been made under this section or section 21A, the amount found on the occasion of the last such calculation.”

(4) In section 22 (order made: reconsideration of available amount)—

(a) after subsection (7) insert—

“(7A) Section 11 applies in relation to a confiscation order when it is varied under this section as it applies in relation to a confiscation order when it is made (reading references to the making of the order as references to the varying of the order and references to the day on which the order is made as references to the day on which the order is varied).

(7B) Where section 12 applies in relation to a confiscation order that has been varied under this section, the reference in section 12(3)(c) to the day on which the order was made is to be read as a reference to the day on which the order was varied.”;

(b) in subsection (9), in paragraph (b), after “section 21” insert “or 21A,”.

(5) In section 39 (reconsideration etc: variation of prison term), in subsection (1)(a), after “21,” insert “21A,”.

Commencement Information

I405 Sch. 21 para. 16 not in force at Royal Assent, see s. 255(1)

I406 Sch. 21 para. 16 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Prospective

Provisional discharge of confiscation order E+W

17 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) For sections 24 and 25 substitute—

“24A Provisional discharge of order

(1) This section applies if—

(a) a court has made a confiscation order, and

(b) the relevant two-year period has ended.

(2) The Crown Court may, of its own motion or on an application made by a person listed in subsection (3), discharge the confiscation order on a provisional basis if the court considers that it is in the interests of justice to do so.

(3) The persons are—

(a) the prosecutor;

(b) the designated officer for a magistrates’ court;

(c) a receiver appointed under section 50.

(4) In deciding whether it is in the interests of justice to discharge a confiscation order on a provisional basis the court must, in particular, take into account—

(a) any amount that the defendant has already paid under the confiscation order;

(b) the extent to which the amount that remains to be paid under the order represents interest payable under section 12;

(c) any steps that have already been taken in relation to the enforcement of the order;

(d) the extent to which there are reasonable steps (or further reasonable steps) that could be taken in relation to the enforcement of the order;

(e) the amount that the court considers would be recovered if all such reasonable steps (or further reasonable steps) were to be taken.

(5) The court may discharge a confiscation order on a provisional basis even though the court does not consider that doing so is best calculated to further the principal objective (see section 5A(4)).

(6) Where an application under this section is refused, a further application in relation to the confiscation order concerned may only be made—

(a) after the end of the period of two years beginning with the date of the refusal, or

(b) before the end of that period, with the leave of the court.

(7) There is no right of appeal against a decision of the court under this section to discharge, or not to discharge, a confiscation order on a provisional basis.

(8) In subsection (1), the “relevant two-year period” means the period of two years beginning with—

(a) the day on which the confiscation order was made, or

(b) in a case where the order has been varied under this Part, the day on which the order was varied.

24B Effect of provisional discharge and revocation of discharge

(1) This section applies where a confiscation order has been discharged under section 24A on a provisional basis.

(2) The order is to be treated as satisfied subject to the rest of this section.

(3) The provisional discharge of the order does not prevent the making of an application in respect of the order under section 21, 21A, 22 or 23.

(4) Where, on an application under any of those provisions, the court varies the order, the court may also revoke the provisional discharge of the order.

(5) The Crown Court may, on an application made by a person listed in subsection (6), revoke the provisional discharge of the order if the court considers that it is in the interests of justice to do so.

(6) The persons are—

(a) the prosecutor;

(b) a receiver appointed under section 50.

(7) In deciding whether it is in the interests of justice to revoke the provisional discharge of a confiscation order the court must, in particular, take into account the matters listed in section 24A(4).

(8) Where the court revokes the provisional discharge of a confiscation order under this section—

(a) the order is, from the time of the revocation, no longer to be treated as satisfied, and

(b) accordingly—

(i) from that time the proceedings against the defendant are to be treated as not having been concluded (see section 85(5)(a)), and

(ii) any interest which was payable under section 12 for a period before the provisional discharge of the order but which had not been paid at the time of the provisional discharge becomes payable.

(9) Where the court revokes the provisional discharge of an order under subsection (5), section 11 applies in relation to any part of the amount ordered to be paid under the order that had not been paid when the order was provisionally discharged as it applies in relation to the full amount ordered to be paid under a confiscation order when it is made.

(10) Where section 11 applies as mentioned in subsection (9), references in that section to the making of the order are to be read as references to the revocation of the provisional discharge of the order and references to the day on which the order is made as references to the day on which the provisional discharge of the order is revoked.

(11) Where section 12 applies in relation to a confiscation order following the revocation of a provisional discharge of the order under subsection (5), the reference in section 12(3)(c) to the day on which the order was made is to be read as a reference to the day on which the provisional discharge of the order was revoked.

(12) There is no right of appeal against a decision of the court under this section to revoke, or not to revoke, the provisional discharge of a confiscation order.

24C Financial status orders

(1) This section applies where—

(a) the Crown Court has decided of its own motion to consider whether to discharge a confiscation order on a provisional basis,

(b) an application has been made under section 24A or 24B, or

(c) the court has discharged a confiscation order on a provisional basis and an application has been made under section 21, 21A, 22 or 23.

(2) The court may order the defendant to give the court, before the end of the period specified in the order—

(a) any information about the defendant’s assets and other financial circumstances, and

(b) any documentary or other evidence in support of that information,

that the court may require in connection with the exercise of its functions under section 24A or 24B.”

(3) In the italic heading before section 19, at the end insert “and discharge”.

Commencement Information

I407 Sch. 21 para. 17 not in force at Royal Assent, see s. 255(1)

Prospective

Part 8 U.K. Enforcement

Enforcement plans E+W

18 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) After section 13 insert—

“Measures to promote effectiveness of confiscation orders E+W

13ZA Enforcement plans

(1) This section applies where a court makes a confiscation order.

(2) On making the confiscation order, the court must also prepare an enforcement plan for the order if—

(a) there are reasonable grounds to believe that the defendant might default on the confiscation order for any reason, or

(b) the court otherwise believes it is appropriate to do so for the purpose of ensuring that the confiscation order is effective.

(3) An enforcement plan for a confiscation order is a document setting out drafts of one or more orders that the court considers the enforcing court could make in the event that the defendant defaults on the confiscation order.

(For the meaning of “the enforcing court” see section 35D.)

(4) For the purposes of this section and section 13ZB—

(a) the defendant defaults on a confiscation order if the defendant fails to pay the amount required to be paid under the order on or before the due date;

(b) the “due date”, in relation to a confiscation order, means—

(i) in a case where no period is specified under section 11(2), the day on which the confiscation order is made, or

(ii) in a case where one or more periods is so specified, the final day of the specified period that ends last (including any such period as extended under section 11(4)).

(5) Where the court making the confiscation order is the Court of Appeal (see section 67E(5)(b)(i) (appeals)), on making the order the Court of Appeal may direct that the Crown Court is to carry out the duties under this section as if the Crown Court had made the order.

13ZB Enforcement plan: initial enforcement hearing

(1) This section applies where an enforcement plan is prepared for a confiscation order.

(2) The enforcing court must set a date for a hearing to take place in the event that the defendant defaults on the confiscation order, and that date must be the first date then available to the court after the due date.

(See section 35D for the meaning of “the enforcing court” and section 35F for provision about this hearing.)

(3) If an order is made under section 11(4) as a result of which the due date in relation to the confiscation order changes, the enforcing court must reset the date for the hearing to the first date then available to the enforcing court after the new due date.

(4) If the enforcing court is a magistrates’ court, the duties under this section are to be carried out by the magistrates’ court mentioned in section 35J(2).”

(3) In section 13A (compliance orders), in subsection (1) at the end insert “(whether or not the court also prepares an enforcement plan under section 13ZA)”.

Commencement Information

I408 Sch. 21 para. 18 not in force at Royal Assent, see s. 255(1)

The default term and the powers of the enforcing court E+W

19 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In the italic heading before section 35, for “as fines etc” substitute “: general”.

(3) For section 35 (enforcement as fines) substitute—

“35A Default term of imprisonment or detention

(1) This section applies if a court makes a confiscation order.

(2) The court must also make an order fixing a term (the “default term”)—

(a) of imprisonment, or

(b) of detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000,

which the defendant is to undergo if any of the amount required to be paid under the confiscation order is not duly paid.

(3) Where a court is fixing the default term in respect of an amount required to be paid under a confiscation order, the maximum terms are those specified in the second column of the Table for amounts described in the corresponding entry in the first column.

Amount	Maximum term
£10,000 or less	6 months
More than £10,000 but no more than £500,000	5 years
More than £500,000 but no more than £1 million	7 years
More than £1 million	14 years

(4) The defendant may not be committed to prison, or detained, by virtue of an order under subsection (2) on the same occasion as the confiscation order is made unless—

(a) the court is satisfied that the defendant is able to pay the amount on that occasion,

(b) the court is satisfied that the defendant is unlikely to remain long enough at a place of abode in the United Kingdom to enable payment of the amount to be enforced by other methods,

(c) on that occasion the court sentences the defendant to immediate imprisonment, custody for life or detention in a young offender institution for an offence, or

(d) the defendant is already serving a sentence of custody for life or a term—

(i) of imprisonment,

(ii) of detention in a young offender institution, or

(iii) of detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention in default).

(5) The Secretary of State may by order amend the Table in subsection (3) so as to remove, alter or replace any entry or to add any entry.

35B Effect of part payment on the default term

(1) This section applies where, after a default term has been fixed under section 35A(2) in respect of an amount required to be paid under a confiscation order, the defendant pays part of that amount in accordance with rules of court.

(2) The default term is reduced by the number of days found using the following formula—

where—

• A is the amount of the part payment;

• B is the amount that was required to be paid under the order at the time that the default term was fixed;

• C is the number of days in the default term that was fixed under section 35A(2) less one day.

(3) In calculating the reduction required under subsection (2) any fraction of a day is to be left out of account.

35C Release from custody on full payment

(1) Subsection (2) applies where—

(a) a default term has been fixed under section 35A(2) in respect of an amount required to be paid under a confiscation order, and

(b) the defendant pays that amount.

(2) Where this subsection applies—

(a) any warrant of commitment issued for the purpose of recovering the amount ceases to have effect, and

(b) if the defendant has been committed to custody, the defendant is to be released unless the defendant is in custody for some other cause.

35D The enforcing court

(1) This section applies if a court makes a confiscation order.

(2) On making the confiscation order, the court must make an order specifying whether the Crown Court or a magistrates’ court is the enforcing court in relation to the confiscation order.

(3) Where—

(a) an order has been made under subsection (2) specifying that a magistrates’ court is the enforcing court in relation to a confiscation order, and

(b) a period has been specified under section 11(2) (specified period for payment) in relation to the confiscation order,

a magistrates’ court may, at any time on or before the final day of the specified period, order that the Crown Court is instead the enforcing court in relation to the confiscation order.

(4) The reference in subsection (3) to the period specified under section 11(2)—

(a) includes any such period as extended under section 11(4), and

(b) where more than one such period has been specified, is a reference to the period that ends last.

(5) Where an order has been made under subsection (2) or (3) specifying that the Crown Court is the enforcing court in relation to a confiscation order, the Crown Court may, at any time, order that a magistrates’ court is instead the enforcing court in relation to the confiscation order.

(6) A court may make an order under subsection (3) or (5) only if it considers it appropriate to do so for the purpose of securing the efficient and effective enforcement of a confiscation order.

(7) An order under subsection (3) or (5) may include an order transferring enforcement proceedings to the Crown Court or, as the case may be, to the magistrates’ court specified in the order.

(8) The defendant has no right of appeal against an order under this section.

(9) If—

(a) a collection order has been made under Schedule 5 to the Courts Act 2003 in respect of the sum required to be paid under a confiscation order, and

(b) after the making of the collection order, an order is made under subsection (3) in relation to the confiscation order,

the collection order ceases to have effect.

(10) In this section “enforcement proceedings” means any proceedings in connection with the enforcement of a confiscation order.

(11) For the purposes of this Part (other than this section), “the enforcing court”, in relation to a confiscation order, means—

(a) the Crown Court in a case where—

(i) an order has been made under subsection (2) or (3) specifying that the Crown Court is the enforcing court in relation to the confiscation order, and

(ii) no order has subsequently been made under subsection (5);

(b) a magistrates’ court in any other case.

35E Power for new enforcing court to vary enforcement action taken by former enforcing court

(1) Subsection (2) applies if at any time—

(a) a magistrates’ court or the Crown Court becomes the enforcing court (“the new enforcing court”) in relation to a confiscation order as a result of an order made under section 35D(3) or (5),

(b) before that time the Crown Court or, as the case may be, a magistrates’ court took enforcement action under an enforcement power, and

(c) that action could have been taken by the new enforcing court under a corresponding enforcement power had the new enforcing court been the enforcing court in relation to the order at the time that the enforcement action was taken.

(2) The new enforcing court may exercise one or more of its enforcement powers to vary or revoke the enforcement action in the same way that it could have exercised such a power had the enforcement action been taken by that court.

(3) In this section—

(a) references to taking enforcement action mean making an order, issuing a direction, warrant or summons, imposing conditions or taking any other action under an enforcement power;

(b) “enforcement power” means any power which may be exercised by a court in connection with the enforcement of a confiscation order.

35F Confiscation order with enforcement plan: initial enforcement hearing

(1) This section applies where—

(a) a court has prepared an enforcement plan for a confiscation order (see section 13ZA), and

(b) the defendant defaults on the confiscation order (within the meaning given by section 13ZA(4)).

(2) If the condition in subsection (4) is met the enforcing court must, at the initial enforcement hearing, make an order or orders in the terms that were set out in draft in the enforcement plan (the “initial enforcement orders”).

(3) If that condition is not met the enforcing court must, at that hearing, consider what other steps to take for the purposes of enforcing the confiscation order.

(4) The condition is that the enforcing court believes that—

(a) the proceeds of the realisation of property pursuant to the initial enforcement orders would be less than or equal to the amount remaining to be paid under the confiscation order, and

(b) the interests of justice do not require any initial enforcement order not to be made.

(5) In this section “the initial enforcement hearing” means the hearing held pursuant to section 13ZB.

35G Power to compel defendant to attend court for enforcement purposes

(1) This section applies if a court has made a confiscation order.

(2) The enforcing court may, for any purpose in connection with the enforcement of the order—

(a) issue a summons requiring the defendant to appear before the court at the time and place appointed in the summons, or

(b) issue a warrant to arrest the defendant and bring them before the court.

(3) On the failure of the defendant to appear before the court in answer to a summons issued under subsection (2)(a), the enforcing court may issue a warrant to arrest them and bring them before the court.

(4) A warrant issued under this section may be executed in the same manner, and the same proceedings may be taken with a view to its execution, in any part of the United Kingdom, as if it had been issued under section 13 of the Magistrates’ Courts Act 1980.

35H Financial status orders

(1) This section applies if a court has made a confiscation order.

(2) The enforcing court may order the defendant to give the court, before the end of the period specified in the order—

(a) any information about the defendant’s assets and other financial circumstances, and

(b) any documentary or other evidence in support of that information,

that the court may require in connection with the enforcement of the confiscation order.

35I Confiscation assistance advisers

(1) This section applies if a court has made a confiscation order.

(2) The enforcing court may appoint any person the court thinks appropriate to advise and assist the defendant in satisfying the confiscation order.

(3) But a person may only be appointed under subsection (2) with the person’s consent.

Enforcement by magistrates’ courts E+W

35J Enforcement as a fine by magistrates’ court

(1) This section applies if—

(a) a court has made a confiscation order, and

(b) a magistrates’ court is for the time being the enforcing court (see section 35D).

(2) The amount required to be paid under the confiscation order is to be treated for the purposes of collection of any unpaid amount and enforcement of the order as a fine imposed on the defendant—

(a) by a magistrates’ court specified in an order made by the Crown Court, or

(b) if no such order is made, by the magistrates’ court by which the defendant was sent to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998,

and as having been so imposed on conviction by the magistrates’ court in question.

(3) Subsection (4) applies where a magistrates’ court issues a warrant of commitment in default of payment of an amount required to be paid by a confiscation order.

(4) The term of imprisonment, or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000, specified in the warrant of commitment as the term which the defendant is liable to serve is to be—

(a) the default term fixed under section 35A(2), or

(b) if that term has been reduced under section 35B(2) (part payment), that term as so reduced.

(5) In the application of Part 3 of the Magistrates’ Courts Act 1980 to an amount payable under a confiscation order—

(a) ignore section 75 of that Act (power to dispense with immediate payment);

(b) ignore section 76(3) of that Act (maximum term of commitment);

(c) section 77(2) of that Act is to be read as if the words from “fix a term” to “for default) and” were omitted;

(d) ignore section 79 (release from custody and reduction of detention on payment);

(e) such an amount is not—

(i) a sum adjudged to be paid by a conviction for the purposes of section 81 of that Act (enforcement of fines imposed on young offenders), or

(ii) a fine for the purposes of section 85 of that Act (remission of fines);

(f) in section 87 of that Act, ignore—

(i) subsection (3) (inquiry into means), and

(ii) subsection (3A) (requirement for fines officer to conduct means inquiry before enforcement proceedings).

(6) Subsection (7) applies where, by virtue of section 118, a transfer of fine order under section 222 of the Criminal Procedure (Scotland) Act 1995 provides for the enforcement by a magistrates’ court in England and Wales of an amount ordered to be paid under a confiscation order.

(7) Section 91(3) of the Magistrates’ Courts Act 1980 is to be read as if for “fine fell to be enforced by virtue of section 132(1) of the Sentencing Code” there were substituted “confiscation order fell to be enforced by virtue of section 35J of the Proceeds of Crime Act 2002”.

(8) In this section, “unpaid amount”, in relation to a confiscation order, means an amount required to be paid by the defendant under the order that has not been paid when it is required to have been paid.

Enforcement by Crown Court: powers corresponding to those of magistrates’ courts E+W

35K Enforcement by Crown Court: general

(1) This section and sections 35L to 35R apply if—

(a) a court has made a confiscation order, and

(b) the Crown Court is for the time being the enforcing court in relation to the order (see section 35D).

(2) The amount required to be paid under the confiscation order is to be treated for the purposes of any enactment as if it were a sum adjudged to be paid by a conviction of the Crown Court.

(3) Payments under the confiscation order are to be made, except where provided otherwise by an enactment or court order, to the designated officer for the collecting magistrates’ court.

(4) For the purposes of this Part, “the collecting magistrates’ court”, in relation to a confiscation order, means—

(a) the magistrates’ court specified as the collecting magistrates’ court in the order made under section 35D(2) or (as the case may be) (3) in relation to the confiscation order, or

(b) if no such specification is made, the magistrates’ court by which the defendant was sent to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998.

(5) In sections 35L to 35R, “unpaid amount”, in relation to a confiscation order, means an amount required to be paid by the defendant under the order that has not been paid when it is required to have been paid.

35L Warrants of control

(1) The Crown Court may issue a warrant of control for the purpose of recovering any unpaid amount in relation to the confiscation order.

(2) The court may, if it thinks it expedient to do so, postpone the issue of the warrant until such time and on such conditions, if any, as the court thinks just.

35M Warrants of commitment

(1) The Crown Court may issue a warrant of commitment if the defendant defaults on the confiscation order (within the meaning given by section 13ZA(4)).

(2) But a warrant of commitment may be issued only—

(a) where it appears on the return to a warrant of control issued for the purpose of recovering the unpaid amount, that the money and goods of the defendant are insufficient to pay the amount outstanding, or

(b) instead of a warrant of control.

(3) The term of imprisonment, or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000, specified in the warrant of commitment as the term which the defendant is liable to serve is to be—

(a) the default term fixed under section 35A(2), or

(b) if that term has been reduced under section 35B(2), that term as so reduced.

(4) In subsection (2)(a) “amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

35N Postponement of issue of warrant of commitment

(1) This section applies where the Crown Court has the power to issue a warrant of commitment under section 35M.

(2) The court may, if it thinks it expedient to do so, postpone the issue of the warrant until such time and on such conditions, if any, as the court thinks just.

(3) The court may at any time (and whether or not an application has been made under subsection (5)) do either or both of the following—

(a) direct that the issue of the warrant is postponed until a time different from that to which it was previously postponed;

(b) vary any of the conditions on which its issue is postponed,

but only if it thinks it just to do so having regard to a change of circumstances since the relevant time.

(4) In this section “the relevant time” means—

(a) where neither of the powers conferred by subsection (3) has been exercised previously, the date when the issue of the warrant was postponed under subsection (2), and

(b) in any other case, the date of the exercise or latest exercise of either or both of the powers.

(5) Subsections (6) to (8) apply if, on an application by the defendant, it appears to the Crown Court that since the relevant time there has been a change of circumstances which would make it just for the court to exercise one or other or both of the powers conferred by subsection (3).

(6) The court must—

(a) fix a time and place for the application to be heard, and

(b) give notice of that time and place to the defendant.

(7) Where notice under subsection (6)(b) has been given but the defendant does not appear at the time and place specified in the notice, the court may consider the application in the defendant’s absence.

(8) If a warrant of commitment has been issued before the hearing of the application, the court may, if it is satisfied that the change of circumstances on which the defendant relies was not put before the court when it was determining whether to issue the warrant—

(a) order that the warrant is to cease to have effect, and

(b) if the defendant has been arrested under it, order that the defendant is to be released.

35O Restriction on power to issue warrant of commitment

(1) This section applies in relation to the issue of a warrant of commitment under section 35M otherwise than on the occasion of the making of the confiscation order.

(2) The court may not issue the warrant unless—

(a) the defendant appears to the court to have sufficient means to pay the unpaid amount immediately, or

(b) the court—

(i) is satisfied that the default is due to the defendant’s wilful refusal or culpable neglect, and

(ii) has considered or tried the methods of enforcing payment listed in subsection (3) and it appears to the court that they are inappropriate or were unsuccessful.

(3) The methods of enforcing payment mentioned in subsection (2)(b)(ii) are—

(a) a warrant of control under section 35L;

(b) an application to the High Court or county court for enforcement under section 35Q;

(c) an attachment of earnings order.

(4) The warrant must specify which of the conditions in subsection (2) is satisfied.

(5) The court may not issue the warrant except at a hearing at which the defendant is present unless the court has served a notice on the defendant—

(a) stating—

(i) that the court intends to hold a hearing to consider whether to issue the warrant;

(ii) the time and place appointed for the hearing,

(b) giving the reason why the court intends to hold the hearing, and

(c) informing the defendant that, if the defendant considers that there are grounds why the warrant should not be issued, the defendant may make representations to the court in person or in writing.

(6) The court may exercise its powers in relation to the issue of the warrant whether or not the defendant makes representations.

(7) Subject to subsection (8), the time stated in the notice under subsection (5)(a)(ii) must not be earlier than the last day of the period of 21 days beginning with the day after the day on which the notice was issued.

(8) Where the notice under subsection (5) is issued at the same hearing as that at which the court exercises its power to postpone the issue of the warrant, the time stated in the notice may be a time on any day after the end of the period for which the issue of the warrant is postponed.

(9) A notice under subsection (5) which is sent by registered post, or by recorded delivery, addressed to the defendant at the defendant’s last known address is deemed to have been served on the defendant, even if the notice is returned as undelivered or is for any other reason not received by the defendant.

35P Execution of warrant issued by Crown Court under section 35L or 35M

(1) Section 125(2) of the Magistrates’ Courts Act 1980 (execution anywhere in England and Wales) applies in relation to a warrant of control or warrant of commitment issued by the Crown Court under section 35L or 35M as it applies in relation to a warrant of control or warrant of commitment issued by a justice of the peace.

(2) Section 125ZA of the Magistrates’ Courts Act 1980 (endorsement of warrant of control) applies in relation to a warrant of control issued by the Crown Court under section 35L as it applies in relation to a warrant of control issued by a justice of the peace.

(3) Section 125A(1) of the Magistrates’ Courts Act 1980 (enforcement by civilian enforcement officers) applies to a warrant of control or warrant of commitment issued by the Crown Court under section 35L or 35M.

(4) Accordingly, the following sections of the Magistrates’ Courts Act 1980 also apply in relation to a warrant of control or warrant of commitment issued by the Crown Court under section 35L or 35M—

(a) section 125B (execution by approved enforcement agency),

(b) section 125C (disclosure of information), and

(c) section 125D(1) and (4) (execution by person not in possession of warrant).

(5) In the application of section 125C of the Magistrates’ Courts Act 1980 to a warrant issued by the Crown Court under section 35L or 35M, the references to the designated officer for a magistrates’ court are to be read as references to the court.

(6) Section 125CA of the Magistrates’ Courts Act 1980 (power to make disclosure order) applies in relation to a warrant of control or warrant of commitment issued by the Crown Court under section 35L or 35M as it applies in relation to a warrant of control or warrant of commitment issued by a justice of the peace but—

(a) reading the reference in subsection (1) to a magistrates’ court as a reference to the Crown Court, and

(b) reading the reference in subsection (2) to the designated officer for the court as a reference to the court.

(7) Section 13 of the Indictable Offences Act 1848 (which relates, among other things, to the execution in Scotland, Northern Ireland, the Isle of Man and the Channel Islands of certain warrants of arrest) applies to a warrant of commitment issued under section 35M as it applies to a warrant issued in England and Wales by the Crown Court for an indictable offence.

35Q Enforcement by High Court or county court

(1) Payment of the amount required to be paid under the confiscation order may be enforced by the High Court or the county court (otherwise than by issue of a writ of control or other process against goods or by imprisonment or attachment of earnings) as if the amount were due to the appropriate designated officer in pursuance of a judgment or order of the High Court or, as the case may be, the county court.

(2) “Appropriate designated officer” means the designated officer for the collecting magistrates’ court (see section 35K(4)).

35R Transfer to Scotland or Northern Ireland

(1) Where it appears to the Crown Court that the defendant is residing—

(a) within the jurisdiction of a court of summary jurisdiction in Scotland, or

(b) in Northern Ireland,

the court may order that payment of the unpaid amount is enforceable by that court of summary jurisdiction in Scotland or, as the case may be, by a court of summary jurisdiction in Northern Ireland.

(2) An order under this section must specify the court of summary jurisdiction by which payment of the unpaid amount is to be enforceable.

(3) If the unpaid amount is more than £100 and payment is to be enforceable in Scotland, the court specified in the order must be the sheriff court.

(4) Where an order is made under this section with respect to an unpaid amount, functions under sections 35L to 35Q relating to that amount which, if no such order had been made, would have been exercisable by the Crown Court cease to be so exercisable.”

(4) In section 25A (recovery from estate of deceased defendant impractical: discharge of order)—

(a) in subsection (1)(c), at the beginning insert “in a case where the enforcing court is for the time being a magistrates’ court,”;

(b) in subsection (2), for “court”, the first time it appears, substitute “Crown Court”.

(5) Before section 38 insert—

“Provision about imprisonment or detention”

(6) In section 39 (reconsideration etc: variation of prison term)—

(a) in subsection (1)—

(i) in paragraph (b), for “35(2A)” substitute “35A(3)”;

(ii) in paragraph (c), for “129(3) of the Sentencing Code” substitute “35A(2)”;

(b) in subsections (2) and (4), for “129(3) of the Sentencing Code” substitute “35A(2)”;

(c) in subsection (5)—

(i) for “35(2A)” substitute “35A(3)”;

(ii) for “129(3) of that Code” substitute “35A(2)”.

(7) In section 54 (enforcement receivers), in subsection (7), for the words from “the one” to the end substitute “—

(a) in a case where the enforcing court is for the time being a magistrates’ court, the designated officer for the court;

(b) in a case where the enforcing court is for the time being the Crown Court, the designated officer for the collecting magistrates’ court (see section 35K(4)).”

(8) In section 459 (orders and regulations)—

(a) in subsection (4)(a), for “35(2C),” substitute “35A(5),”;

(b) in subsection (6)(a), for “35(2C),” substitute “35A(5),”.

Commencement Information

I409 Sch. 21 para. 19 not in force at Royal Assent, see s. 255(1)

Extension to Crown Court of powers in relation to money, cryptoassets and personal property E+W

20 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 67 (money)—

(a) in subsection (5)—

(i) for “a magistrates’ court” substitute “the enforcing court”;

(ii) for “to the designated officer for the court” substitute “, as mentioned in subsection (5ZA),”;

(b) after subsection (5) insert—

“(5ZA) The money must be paid—

(a) in a case where the enforcing court is for the time being a magistrates’ court, to the designated officer for the court;

(b) in a case where the enforcing court is for the time being the Crown Court, to the designated officer for the collecting magistrates’ court (see section 35K(4)).”;

(c) in subsection (5B), for “a magistrates’ court” substitute “the enforcing court”;

(d) in subsection (6)—

(i) in paragraph (a), for “magistrates’ court” substitute “enforcing court”;

(ii) in paragraph (b), for “the court” substitute “a magistrates’ court”.

(3) In section 67ZA (cryptoassets)—

(a) in subsection (3)—

(i) in the words before paragraph (a), for “A magistrates’ court” substitute “The enforcing court”;

(ii) in paragraph (b), for “to the designated officer for the court” substitute “, as mentioned in subsection (3A),”;

(b) after subsection (3) insert—

“(3A) The proceeds of the realisation must be paid—

(a) in a case where the enforcing court is for the time being a magistrates’ court, to the designated officer for the court;

(b) in a case where the enforcing court is for the time being the Crown Court, to the designated officer for the collecting magistrates’ court (see section 35K(4)).”;

(c) in subsection (5), for “a magistrates’ court” substitute “the enforcing court”;

(d) in subsection (6)—

(i) in paragraph (a), for “magistrates’ court” substitute “enforcing court”;

(ii) in paragraph (b), for “the court” substitute “a magistrates’ court”.

(4) In section 67A(3) (seized personal property), for “a magistrates’ court” substitute “the enforcing court”.

(5) In section 67AA(2) (destruction of seized cryptoassets), for “A magistrates’ court” substitute “The enforcing court”.

(6) In section 67B(1) (costs of storage and realisation), for “a magistrates’ court” substitute “the enforcing court”.

(7) In section 67D (proceeds of realisation)—

(a) in subsection (2)(c), after “third,” insert “in a case where the sums are the proceeds of the realisation of property under section 67A,”;

(b) in subsection (6), in the definition of “appropriate designated officer”, for the words from “the designated officer” to the end substitute “—

(a) in a case where the enforcing court is for the time being a magistrates’ court, the designated officer for the court;

(b) in a case where the enforcing court is for the time being the Crown Court, the designated officer for the collecting magistrates’ court (see section 35K(4)).”

(8) In section 69(2A) (powers of court and receiver etc), in paragraph (c) for “a magistrates’ court” substitute “the enforcing court”.

Commencement Information

I410 Sch. 21 para. 20 not in force at Royal Assent, see s. 255(1)

Extension to Crown Court of powers under Schedule 5 to Courts Act 2003 to make attachment of earnings orders and applications for benefit deductions U.K.

21 (1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows.

(2) In paragraph 1 (application of Schedule)—

(a) in sub-paragraph (1) omit “(“P”)”;

(b) after sub-paragraph (1) insert—

“(1A) Parts 1, 3, 3A and 10 also apply if a person aged 18 or over is liable to pay a sum required to be paid under a confiscation order and the Crown Court is for the time being the enforcing court in relation to the order (within the meaning given by section 35D of the Proceeds of Crime Act 2002).”

(3) In paragraph 2 (interpretation)—

(a) in sub-paragraph (1), for the words from “the sum adjudged to be paid” to the end, substitute “—

(a) in a case where this Schedule applies as mentioned in sub-paragraph (1) of paragraph 1, the sum adjudged to be paid as mentioned in that sub-paragraph;

(b) in a case where this Schedule applies as mentioned in sub-paragraph (1A) of paragraph 1, the sum required to be paid as mentioned in that sub-paragraph;

(c) in a case where this Schedule applies as mentioned in paragraph (2) of paragraph 1, the sum payable under a notice of conviction and penalty.”

(b) after sub-paragraph (1) insert—

“(1A) In this Schedule “P” means—

(a) in a case where this Schedule applies as mentioned in sub-paragraph (1) of paragraph 1, the person mentioned in that sub-paragraph;

(b) in a case where this Schedule applies as mentioned in sub-paragraph (1A) of paragraph 1, the person mentioned in that sub-paragraph.”

(4) In paragraph 3(1) (meaning of “existing defaulter”), after sub-paragraph (d) (but before the “or” at the end of that sub-paragraph) insert—

“(da) he is in default in payment of a sum (or, where this Schedule applies as mentioned in sub-paragraph 1(1A), another sum) falling within paragraph 1(1A),”.

(5) In paragraph 7 (application of provisions about attachment of earnings orders and applications for benefit deductions)—

(a) in sub-paragraph (2), for paragraph (b) substitute—

“(b) the enforcing court.”;

(b) after sub-paragraph (2) insert—

“(2A) In sub-paragraph (2)(b), the “enforcing court” means—

(a) in a case where the sum due is required to be paid under a confiscation order, the court that is the enforcing court in relation to the order (within the meaning given by section 35D of the Proceeds of Crime Act 2002);

(b) in any other case, the magistrates’ court responsible for enforcing payment of the sum due.”

(6) In paragraph 9C(3B) (meaning of “P” in Part 3A), in the definition of “P”, for “paragraph 1” substitute “paragraph 2”.

(7) In paragraph 11(2) (meaning of “the relevant court” in Part 4), for the words from “has the same meaning” to the end, substitute “means—

(a) the court which is imposing the liability to pay the sum due, or

(b) the magistrates’ court responsible for enforcing payment of the sum due.”

Commencement Information

I411 Sch. 21 para. 21 not in force at Royal Assent, see s. 255(1)

Application of Attachment of Earnings Act 1971 to attachment of earnings orders made by the Crown Court E+W

22 (1) The Attachment of Earnings Act 1971 is amended as follows.

(2) In section 6(7) (collecting officer of the court for purposes of attachment of earnings order), after paragraph (a) insert—

“(aza) in the case of an order made by the Crown Court under Schedule 5 to the Courts Act 2003 in relation to a sum required to be paid under a confiscation order, the designated officer for the collecting magistrates’ court in relation to the confiscation order (within the meaning given by section 35K(4) of the Proceeds of Crime Act 2002);”.

(3) In section 15D (interpretation of provisions relating to finding the debtor’s employer) (as inserted by section 92 of the Tribunals, Courts and Enforcement Act 2007), after subsection (2) insert—

“(2A) If the lapsed order was made by the Crown Court under Schedule 5 to the Courts Act 2003, the proper authority is the Crown Court, a magistrates’ court or the designated officer for a magistrates’ court.”

(4) In section 17 (consolidated attachment orders), after subsection (1) insert—

“(1A) The powers of the Crown Court under Schedule 5 to the Courts Act 2003 include power to make an attachment of earnings order to secure the discharge of any number of such liabilities as are specified in paragraph 1(1A) of that Schedule.”

Commencement Information

I412 Sch. 21 para. 22 not in force at Royal Assent, see s. 255(1)

Collection orders in respect of confiscation orders E+W

23 (1) Schedule 5 to the Courts Act 2003 is amended as follows.

(2) In paragraph 2(2), after the definition of “a sum required to be paid by a compensation order” insert—

• ““a sum required to be paid by a confiscation order” means any sum required to be paid under an order made under section 6 of the Proceeds of Crime Act 2002;”.

(3) In paragraph 13(1) (content of collection orders), in paragraph (aa)—

(a) in the words before sub-paragraph (i), after “compensation order,” insert “a sum required to be paid by a confiscation order,”;

(b) in sub-paragraph (i), after “compensation order,” insert “the amount required to be paid under the confiscation order,”.

Commencement Information

I413 Sch. 21 para. 23 not in force at Royal Assent, see s. 255(1)

Taking control of goods to recover a sum due under a confiscation order E+W

24 (1) Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) is amended as follows.

(2) In paragraph 3(1) (general interpretation), in the definition of “the court”, after paragraph (b) insert—

“(ba) in relation to an enforcement power under a warrant of control issued for the recovery of a sum required to be paid under an order under section 6 of the Proceeds of Crime Act 2002 (confiscation orders), the court that is the enforcing court in relation to the order (within the meaning given by section 35D of that Act);”.

(3) In paragraph 17 (powers to use reasonable force), after “18,” insert “18ZA,”.

(4) After paragraph 18 insert—

“18ZA This paragraph applies if these conditions are met—

(a) the enforcement agent has power to enter the premises under paragraph 14 or 16 under a warrant under paragraph 15;

(b) the enforcement agent is acting under an enforcement power conferred by a warrant of control issued under section 35L of the Proceeds of Crime Act 2002 (powers of Crown Court to issue warrant of control to enforce confiscation order);

(c) the enforcement agent is entitled to execute the warrant by virtue of section 125A (execution by civilian enforcement officer) or 125B (execution by approved enforcement agency) of the Magistrates’ Courts Act 1980 as applied by section 35P of the Proceeds of Crime Act 2002.”

(5) In paragraph 19A(1) (power of entry where there is a controlled goods agreement), for paragraph (e) substitute—

“(e) none of paragraphs 18, 18ZA or 19 applies.”

Commencement Information

I414 Sch. 21 para. 24 not in force at Royal Assent, see s. 255(1)

Part 9 U.K. Restraint orders

Conditions for making of restraint order: risk of dissipation E+W

25 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 40 (conditions for exercise of power to make restraint order), for subsection (1) substitute—

“(1) Section 41 (power to make a restraint order) applies if—

(a) any of the first to fifth conditions is satisfied (see subsections (2) to (6)), and

(b) there is a real risk that relevant realisable property held by any person will be dissipated unless the Crown Court exercises the powers conferred by section 41 in relation to that property.

(1A) For the purposes of this section—

(a) “relevant realisable property” is realisable property that could be used for the purpose of satisfying any confiscation order that has been or may be made against the defendant;

(b) a reference to relevant realisable property being “dissipated” is to it ceasing to be available for that purpose.

(1B) In determining for the purposes of subsection (1)(b) whether there is a real risk of relevant realisable property being dissipated, the court must, in particular, have regard to the following—

(a) the nature of the relevant realisable property;

(b) the extent to which any person has taken steps with a view to relevant realisable property being dissipated;

(c) any circumstances of a person who holds the relevant realisable property that may affect the ease with which they would be able to secure the dissipation of the property;

(d) any evidence of such a person’s character;

(e) the nature of the defendant’s criminal conduct;

(f) the amount by which the defendant is suspected or believed to have benefited from their criminal conduct;

(g) the stage of the proceedings for an offence against the defendant.”

(3) In section 41(1) (power to make restraint order), for “If any condition set out in section 40 is satisfied” substitute “In a case where this section applies (see section 40),”.

Commencement Information

I415 Sch. 21 para. 25 not in force at Royal Assent, see s. 255(1)

I416 Sch. 21 para. 25 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Exception to restraint orders for reasonable legal expenses U.K.

26 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 41 (restraint orders)—

(a) omit subsections (2A) and (2B);

(b) in subsection (3)—

(i) omit “other”;

(ii) after paragraph (b) insert—

“(c) be made subject to conditions.”;

(c) in subsection (4), for the words before paragraph (a) substitute “Section 41ZA applies to an exception to a restraint order if the exception makes provision for any reasonable legal expenses which—”;

(d) omit subsections (5A) and (5B);

(e) omit subsection (10).

(3) After section 41 insert—

“41ZA Exception for legal expenses in respect of offence with which confiscation proceedings concerned

(1) Where the court makes an exception to a restraint order under section 41(3) to which this section applies, it must ensure that the exception—

(a) is limited to legal expenses that the specified person has reasonably incurred or that the person reasonably incurs,

(b) specifies the total amount that may be released for legal expenses in pursuance of the exception, and

(c) is made subject to the required conditions (in addition to any conditions imposed under section 41(3)(c)).

(2) The Lord Chancellor may by regulations specify the required conditions for the purposes of subsection (1).

(3) A required condition may, in particular—

(a) restrict who may receive sums released in pursuance of the exception (by, for example, requiring released sums to be paid to professional legal advisers), or

(b) be made for the purpose of controlling the amount of any sum released in pursuance of the exception in respect of an item of expenditure.

(4) A required condition made for the purpose mentioned in subsection (3)(b) may, for example, provide for a sum to be released in respect of an item of expenditure only if—

(a) the court has assessed the amount allowed by the regulations in respect of that item, and

(b) the sum is released for payment of the assessed amount.

(5) For the purposes of subsection (4), the regulations may, in particular, make provision—

(a) limiting the amount of remuneration allowable to representatives for a unit of time worked;

(b) limiting the total amount of remuneration allowable to representatives for work done in connection with proceedings or a step in proceedings;

(c) limiting the amount allowable in respect of an item of expenditure incurred by a representative or incurred, otherwise than in respect of the remuneration of a representative, by a party to proceedings.

(6) Before making regulations under this section, the Lord Chancellor must consult such persons as the Lord Chancellor considers appropriate.”

(4) In section 459 (orders and regulations), in each of subsections (4)(a) and (6)(a), omit “41(5A),”.

Commencement Information

I417 Sch. 21 para. 26 not in force at Royal Assent, see s. 255(1)

I418 Sch. 21 para. 26(3) in force at 29.6.2026 for specified purposes by S.I. 2026/689, reg. 2(2)

Exception to restraint order for reasonable living expenses E+W

27 In section 41 of the Proceeds of Crime Act 2002 (restraint orders)—

(a) after subsection (3) insert—

“(3A) In making an exception to a restraint order that makes provision for reasonable living expenses the court must, in particular, have regard to the following—

(a) the period for which the restraint order is to have effect;

(b) the specified person’s applicable standard of living (see subsection (11));

(c) the specified person’s means;

(d) the value of relevant realisable property held by the specified person in relation to the amount that the defendant is, or is likely to be, required to pay under a confiscation order;

(e) the extent to which expenditure by the specified person is necessary or desirable for the purpose of improving or maintaining the value of relevant realisable property held by them.”;

(b) at the end insert—

“(11) In this section—

• “applicable standard of living”, in relation to a specified person, means—

  (a)

  the person’s standard of living immediately before the making of the restraint order, or

  (b)

  in a case where there is reasonable cause to believe that the person enjoys a higher standard of living as a result of criminal activity, the standard of living that the person would enjoy but for that activity;

• “relevant realisable property” has the same meaning as in section 40.”

Commencement Information

I419 Sch. 21 para. 27 not in force at Royal Assent, see s. 255(1)

I420 Sch. 21 para. 27 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Discharge of restraint order etc: proceedings not started within reasonable time E+W

28 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 41 (restraint orders)—

(a) in subsection (7A), for “and (7C)” substitute “to (7CA)”;

(b) after subsection (7C) insert—

“(7CA) In determining for the purposes of subsection (7B)(b) whether proceedings for the offence have not started within a reasonable time, the court must, in particular, have regard to the following—

(a) the length of time that has passed since the making of the restraint order;

(b) the reasons given by the prosecutor for proceedings not having started within that time;

(c) the length and complexity of the criminal investigation, both before and after the making of the restraint order;

(d) the extent to which the matters subject to that investigation include matters arising abroad;

(e) the length and complexity of the potential proceedings;

(f) the nature of the restraint order (for example, the extent of the property to which it relates);

(g) the impact of the restraint order on any person affected by the order.”

(3) In section 42 (restraint orders: application, discharge and variation), after subsection (7) insert—

“(7A) In determining for the purposes of subsection (7)(a) whether proceedings for the offence have not started within a reasonable time, the court must, in particular, have regard to the following—

(a) the length of time that has passed since the making of the restraint order;

(b) the reasons given by the prosecutor for proceedings not having started within that time;

(c) the length and complexity of the criminal investigation, both before and after the making of the restraint order;

(d) the extent to which the matters subject to that investigation include matters arising abroad;

(e) the length and complexity of the potential proceedings;

(f) the nature of the restraint order (for example, the extent of the property to which it relates);

(g) the impact of the restraint order on any person affected by the order.”

Commencement Information

I421 Sch. 21 para. 28 not in force at Royal Assent, see s. 255(1)

I422 Sch. 21 para. 28 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Restraint orders: effect of conviction E+W

29 After section 42 of the Proceeds of Crime Act 2002 insert—

“42A Restraint orders: effect of conviction

(1) In making or varying a restraint order at any time after the defendant’s conviction for an offence, the Crown Court must have regard, in particular, to—

(a) the fact of the defendant’s conviction, and

(b) whether any of the following has been, or is likely to be, made against the defendant—

(i) a compensation order under Chapter 2 of Part 7 of the Sentencing Code;

(ii) an order requiring payment of a surcharge under section 42 of that Code;

(iii) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013;

(iv) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.

(2) Subsections (3) and (4) apply where—

(a) the Crown Court makes a restraint order at a time when the defendant has not been convicted of an offence, and

(b) the defendant is subsequently convicted of an offence at a time when the order remains in force.

(3) If the restraint order is subject to an exception made under section 41(3), the Crown Court must review the appropriateness of the exception having regard, in particular, to the matters mentioned in subsection (1).

(4) Following that review the court may vary the restraint order, whether or not an application has been made under section 42(3).”

Commencement Information

I423 Sch. 21 para. 29 not in force at Royal Assent, see s. 255(1)

I424 Sch. 21 para. 29 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Part 10 E+W Management receivers

Appointment of management receiver E+W

30 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 48 (appointment of management receiver)—

(a) after subsection (1) insert—

“(1A) Subsection (2) also applies if—

(a) a magistrates’ court has made a further detention order, and

(b) an application is made to the Crown Court to proceed under subsection (2) by—

(i) the prosecutor, or

(ii) an accredited financial investigator.”;

(b) in subsection (2), after “restraint order” insert “or (as the case may be) further detention order”;

(c) after subsection (2) insert—

“(3) For the purposes of this section and section 49, a “further detention order” is an order made in relation to property under section 47M (further detention of property detained under section 47J).”

(3) In section 49 (powers of management receiver)—

(a) in subsection (1), after “restraint order” insert “or (as the case may be) further detention order (referred to in this section as the “relevant order”)”;

(b) in subsections (2), (5) and (6)(a), for “restraint order” substitute “relevant order”.

(4) In section 63 (discharge and variation), in subsection (3)(a), after “section 40” insert “or 47B”.

Commencement Information

I425 Sch. 21 para. 30 not in force at Royal Assent, see s. 255(1)

I426 Sch. 21 para. 30 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Part 11 E+W Appeals

Appeal rights in relation to confiscation proceedings E+W

31 (1) The Proceeds of Crime Act 2002 is amended in accordance with sub-paragraphs (2) to (9).

(2) After section 67D insert—

“Appeals E+W

67E Appeals in relation to confiscation orders

(1) If the Crown Court makes a confiscation order, the prosecutor may appeal to the Court of Appeal in respect of the order.

(2) If the Crown Court decides not to make a confiscation order, the prosecutor may appeal to the Court of Appeal against the decision.

(3) For the defendant’s right of appeal—

(a) where the Crown Court makes a confiscation order, and

(b) in respect of an order fixing the default term,

see section 50(1) of the Criminal Appeal Act 1968 (the effect of which is that, for the purposes of the appeal rights conferred by that Act, both such orders form part of the defendant’s sentence).

(4) On an appeal under subsection (1) the Court of Appeal—

(a) may confirm, vary or quash the confiscation order, and

(b) if it quashes the order, may direct the Crown Court to proceed afresh under section 6.

(5) On an appeal under subsection (2) the Court of Appeal—

(a) may confirm the decision, or

(b) if it believes that the decision was wrong, may—

(i) itself proceed under section 6 (ignoring subsections (1) to (3)), or

(ii) direct the Crown Court to proceed afresh under that section.

(6) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of the defendant or the prosecutor.

(7) On an appeal from a decision of the Court of Appeal to confirm, vary or make a confiscation order the Supreme Court may confirm, vary or quash the order.

(8) On an appeal from a decision of the Court of Appeal to confirm the decision of the Crown Court not to make a confiscation order, or from a decision of the Court of Appeal to quash a confiscation order, the Supreme Court may—

(a) confirm the decision, or

(b) direct the Crown Court to proceed afresh under section 6 if it believes the decision was wrong.

(9) In proceeding afresh under section 6 pursuant to this section, the Crown Court must comply with any directions the Court of Appeal or (as the case may be) the Supreme Court may make.

67F Appeals under section 67E: supplementary

(1) This section applies if a court makes or varies a confiscation order pursuant to section 67E.

(2) The court must—

(a) have regard to any fine imposed on the defendant in respect of the offence (or any of the offences) concerned;

(b) have regard to any order which falls within section 13(3) and has been made against the defendant in respect of the offence (or any of the offences) concerned, unless the order has already been taken into account by a court in deciding what is the free property held by the defendant for the purposes of section 9.

(3) Subsections (4) to (9) apply if a court makes a confiscation order pursuant to section 67E.

(4) If a court has already sentenced the defendant for the offence (or any of the offences) concerned, section 6 has effect as if the defendant’s particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding the defendant’s sentence for the offence or offences concerned.

(5) If an order falling with subsection (6) has been made against the defendant in respect of the offence (or any of the offences) concerned the court must have regard to the order.

(6) These orders fall within this subsection—

(a) a compensation order under Chapter 2 of Part 7 of the Sentencing Code;

(b) an order requiring payment of a surcharge under section 42 of the Sentencing Code;

(c) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013;

(d) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.

(7) Section 8(2) does not apply, and the rules applying instead are that the court must—

(a) take account of conduct occurring before the relevant date;

(b) take account of property obtained before that date;

(c) take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.

(8) In section 10—

(a) the first and second assumptions do not apply with regard to property first held by the defendant on or after the relevant date;

(b) the third assumption does not apply with regard to expenditure incurred by the defendant on or after that date;

(c) the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by the defendant on or after that date.

(9) Section 26 applies as it applies in the circumstances mentioned in subsection (1) of that section.

(10) For the purposes of this section, “the relevant date” is—

(a) in a case where the Crown Court made a confiscation order which was quashed by the Court of Appeal, the date on which the Crown Court made the order;

(b) in any other case, the date on which the Crown Court decided not to make a confiscation order.

67G Appeals in relation to section 10A determinations

(1) If a court makes a determination under section 10A of the extent of the defendant’s interest in property, the following may appeal to the Court of Appeal in respect of the determination—

(a) the prosecutor;

(b) the defendant, if subsection (2) applies;

(c) a person who the Court of Appeal believes is or may be a person holding an interest in the property, if subsection (2) applies.

(2) This subsection applies if—

(a) the defendant or (as the case may be) the person within subsection (1)(c) was not given a reasonable opportunity to make representations when the determination was made, or

(b) it appears to the Court of Appeal to be arguable that giving effect to the determination would result in a serious risk of injustice to the defendant or that other person.

(3) But there is no right of appeal for the defendant or a person within subsection (1)(c) if—

(a) the Court of Appeal believes that an application under section 50 is to be made by the prosecutor for the appointment of a receiver,

(b) such an application has been made but not yet determined, or

(c) a receiver has been appointed under section 50.

(4) On an appeal under this section the Court of Appeal may—

(a) confirm the determination, or

(b) make such order as it believes is appropriate.

(5) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings on the appeal.

(6) On an appeal under subsection (5) the Supreme Court may—

(a) confirm the decision of the Court of Appeal, or

(b) make such order as it believes is appropriate.

67H Appeals in relation to compliance orders

(1) If, on an application under section 13A(3)(b), the Crown Court decides not to make a compliance order, the prosecutor may appeal to the Court of Appeal against the decision.

(2) If the Crown Court decides to make, discharge or vary a compliance order, the following persons may appeal to the Court of Appeal in respect of the decision—

(a) the prosecutor;

(b) the defendant;

(c) any other person affected by the order.

(3) On an appeal under subsection (1) or (2) the Court of Appeal may—

(a) confirm the decision, or

(b) make such order as it believes is appropriate.

(4) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings on the appeal.

(5) On an appeal under subsection (4) the Supreme Court may—

(a) confirm the decision of the Court of Appeal, or

(b) make such order as it believes is appropriate.

(6) In this section “compliance order” means an order made under section 13A.

67I Appeals in relation to variations of confiscation order

(1) If the Crown Court makes an order under section 21, 22 or 23 varying a confiscation order, the prosecutor may appeal to the Court of Appeal in respect of the order.

(2) For the defendant’s right of appeal where the Crown Court makes an order under section 21 or 22, see section 50(1)(cb) of the Criminal Appeal Act 1968 (the effect of which is that, for the purposes of the appeal rights conferred by that Act, any such order forms part of the defendant’s sentence).

(3) On an appeal under subsection (1) the Court of Appeal—

(a) may confirm, vary or quash the order concerned, and

(b) if it quashes the order, may direct the Crown Court to proceed afresh under section 21, 22 or 23.

(4) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of the defendant or the prosecutor.

(5) On an appeal from a decision of the Court of Appeal to confirm or vary the order concerned the Supreme Court may confirm, vary or quash the order.

(6) On an appeal from a decision of the Court of Appeal to quash the order concerned the Supreme Court may—

(a) confirm the decision of the Court of Appeal, or

(b) direct the Crown Court to proceed afresh under section 21, 22 or 23 if it believes the decision was wrong.

(7) In proceeding afresh pursuant to this section, the Crown Court must comply with any directions the Court of Appeal or (as the case may be) the Supreme Court may make.

67J Appeals in relation to restraint orders

(1) If, on an application under section 42 for a restraint order, the Crown Court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.

(2) If an application is made under section 42(3) in relation to a restraint order or an order under section 41(7), the following may appeal to the Court of Appeal in respect of the Crown Court’s decision on the application—

(a) the person who applied for the order;

(b) any person affected by the order.

(3) On an appeal under subsection (1) or (2) the Court of Appeal may—

(a) confirm the decision, or

(b) make such order as it believes is appropriate.

(4) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal.

(5) On an appeal under subsection (4) the Supreme Court may—

(a) confirm the decision of the Court of Appeal, or

(b) make such order as it believes is appropriate.

67K Appeals in relation to management and enforcement receivers

(1) If, on an application for an order under any of sections 48 to 51 or 62, the Crown Court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.

(2) If the Crown Court makes an order under any of sections 48 to 51 or 62, any of the following may appeal to the Court of Appeal in respect of the order—

(a) the person who applied for the order;

(b) any person affected by the order;

(c) if the order was made under section 62, the receiver.

(3) The following may appeal to the Court of Appeal against a decision of the Crown Court on an application under section 63—

(a) the person who applied for the order in respect of which the application was made;

(b) any person affected by the court’s decision;

(c) the receiver.

(4) On an appeal under this section the Court of Appeal may—

(a) confirm the decision, or

(b) make such order as it believes is appropriate.

(5) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal.

(6) On an appeal under subsection (5) the Supreme Court may—

(a) confirm the decision of the Court of Appeal, or

(b) make such order as it believes is appropriate.

67L Appeals in relation to realisation etc of seized property

(1) If the enforcing court decides not to make an order under section 67ZA(3), 67A(3) or 67AA(2), an appropriate officer may appeal against the decision to the applicable court.

(2) If the enforcing court makes an order under 67ZA(3), 67A(3) or 67AA(2), a person affected by the order may appeal in respect of the order to the applicable court, but only if conditions 1 and 2 are met (and see subsection (5)).

(3) Condition 1 is met if no determination under section 10A has been made in relation to the case.

(4) Condition 2 is met if—

(a) the person concerned was not given a reasonable opportunity to make representations when the confiscation order was made, or

(b) it appears to the applicable court to be arguable that not hearing the appeal would result in a serious risk of injustice to that person.

(5) A person holding the property to which the order under section 67ZA, 67A or (as the case may be) 67AA relates may not appeal under subsection (2) if there is a confiscation order made against them.

(6) An appropriate officer may appeal to the applicable court against—

(a) a decision by the enforcing court not to make a determination under section 67B;

(b) a determination made by the enforcing court under that section.

(7) On an appeal under this section to the Court of Appeal it may—

(a) confirm the decision, or

(b) make such order as it believes is appropriate.

(8) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal.

(9) On an appeal under subsection (8) the Supreme Court may—

(a) confirm the decision of the Court of Appeal, or

(b) make such order as it believes is appropriate.

(10) In this section—

• “the applicable court” is—

  (a)

  in a case where the enforcing court is a magistrates’ court, the Crown Court;

  (b)

  in a case where the enforcing court is the Crown Court, the Court of Appeal;

• “appropriate officer” has the same meaning as in section 41A.”

(3) In section 44A (detention of property pending appeal), in subsections (1)(b) and (2)(b), for “43(3)(b)” substitute “67J(3)(b)”.

(4) In section 46 (hearsay evidence), in subsection (3)(c), for “43 or 44” substitute “67J”.

(5) In section 68 (applications and appeals), in subsection (1)(b), for “43, 44, 65 or 66” substitute “67J or 67K”.

(6) In section 69 (powers of court and receiver etc), in subsection (1)(a), for “and sections 62 to 67D” substitute “, sections 62 to 67D and sections 67J to 67L”.

(7) In section 85 (proceedings), in subsection (6)—

(a) in paragraph (a), for “31(2)” substitute “67E(2)”;

(b) in paragraph (b), for “31(2)” substitute “67E(2)”;

(c) in paragraph (c)—

(i) for “31(2)” substitute “67E(2)”;

(ii) for “33” substitute “67E(6)”;

(d) in paragraph (d)—

(i) for “31(2)” substitute “67E(2)”;

(ii) for “33” substitute “67E(6)”;

(e) in paragraph (e)—

(i) for “31(2)” substitute “67E(2)”;

(ii) for “33” substitute “67E(6)”;

(f) in paragraph (f), for “31(2)” substitute “67E(2)”;

(g) in paragraph (g), for “33” substitute “67E(6)”.

(8) In section 89 (procedure on appeal to the Court of Appeal), in subsection (4)—

(a) in paragraph (za), for “31(4)” substitute “67G(1)”;

(b) in paragraph (a), for “43(1) or (2)” substitute “67J(1) or (2)”;

(c) in paragraph (b), for “65” substitute “67K(1) to (3)”.

(9) Omit—

(a) section 13B (appeals against compliance orders);

(b) sections 31 to 33 (appeals against confiscation orders);

(c) sections 43 and 44 (restraint orders: appeals);

(d) sections 65 and 66 (receivers: appeals);

(e) section 67C (orders in relation to seized property: appeals).

(10) In section 50 of the Criminal Appeal Act 1968 (meaning of sentence)—

(a) in subsection (1), in paragraph (ca), omit the words from “(but” to the end;

(b) after subsection (3) insert—

“(4) A determination made under section 10A of the Proceeds of Crime Act 2002 is not a sentence for the purposes of this Act (see section 67G of that Act for rights of appeal in relation to such a determination).

(5) A compliance order made under section 13A of the Proceeds of Crime Act 2002 is not a sentence for the purposes of this Act (see section 67H of that Act for rights of appeal in relation to such an order).”

Commencement Information

I427 Sch. 21 para. 31 not in force at Royal Assent, see s. 255(1)

I428 Sch. 21 para. 31 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Part 12 U.K. Consequential and related amendments

Courts Act 2003 (c. 39) E+W

32 In the Courts Act 2003, in Schedule 8 (minor and consequential amendments), omit paragraph 406.

Commencement Information

I429 Sch. 21 para. 32 not in force at Royal Assent, see s. 255(1)

I430 Sch. 21 para. 32 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Constitutional Reform Act 2005 (c. 4) E+W

33 In the Constitutional Reform Act 2005, in Schedule 9 (amendments relating to jurisdiction of the Supreme Court), omit paragraph 77(2) and (3).

Commencement Information

I431 Sch. 21 para. 33 not in force at Royal Assent, see s. 255(1)

I432 Sch. 21 para. 33 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Serious Crime Act 2007 (c. 27) E+W

34 In the Serious Crime Act 2007, in Schedule 8 (abolition of Assets Recovery Agency and its Director)—

(a) omit paragraph 4;

(b) omit paragraphs 16 and 17;

(c) omit paragraph 19;

(d) omit paragraph 32.

Commencement Information

I433 Sch. 21 para. 34 not in force at Royal Assent, see s. 255(1)

I434 Sch. 21 para. 34 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Prevention of Social Housing Fraud Act 2013 (c. 3) E+W

35 In the Prevention of Social Housing Fraud Act 2013, in the Schedule (consequential amendments)—

(a) omit paragraphs 15 and 16;

(b) omit paragraph 17(3);

(c) omit paragraph 18(3);

(d) omit paragraphs 19 to 21.

Commencement Information

I435 Sch. 21 para. 35 not in force at Royal Assent, see s. 255(1)

I436 Sch. 21 para. 35 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Crime and Courts Act 2013 (c. 22) U.K.

36 Omit sections 46 and 47 of the Crime and Courts Act 2013 (restraint orders and legal aid).

Commencement Information

I437 Sch. 21 para. 36 not in force at Royal Assent, see s. 255(1)

I438 Sch. 21 para. 36 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Serious Crime Act 2015 (c. 9) E+W

37 The Serious Crime Act 2015 is amended as follows.

Commencement Information

I439 Sch. 21 para. 37 not in force at Royal Assent, see s. 255(1)

I440 Sch. 21 para. 37 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

38 U.K. Omit section 3 (appeals in relation to confiscation orders).

Commencement Information

I441 Sch. 21 para. 38 not in force at Royal Assent, see s. 255(1)

I442 Sch. 21 para. 38 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

39 U.K. In section 6 (confiscation and victim surcharge orders), omit subsections (4) and (5).

Commencement Information

I443 Sch. 21 para. 39 not in force at Royal Assent, see s. 255(1)

I444 Sch. 21 para. 39 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

40 U.K. In section 10 (default sentences), omit subsection (1).

Commencement Information

I445 Sch. 21 para. 40 not in force at Royal Assent, see s. 255(1)

I446 Sch. 21 para. 40 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

41 U.K. In Schedule 4 (minor and consequential amendments)—

(a) omit paragraphs 21 and 22;

(b) omit paragraph 23(3);

(c) omit paragraph 24(3);

(d) omit paragraphs 25 to 30.

Commencement Information

I447 Sch. 21 para. 41 not in force at Royal Assent, see s. 255(1)

I448 Sch. 21 para. 41 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Modern Slavery Act 2015 (c. 30) E+W

42 The Modern Slavery Act 2015 is amended as follows.

Commencement Information

I449 Sch. 21 para. 42 not in force at Royal Assent, see s. 255(1)

I450 Sch. 21 para. 42 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

43 U.K. In section 10 (supplementary provision about slavery and trafficking reparation orders)—

(a) in subsection (6)—

(i) for “24” substitute “24A”;

(ii) after “the court” insert “provisionally discharges or (as the case may be)”;

(b) in subsection (8), in the words before paragraph (a), for “31” substitute “67E(1) or (2) or 67G(1)”;

(c) in subsection (9), in the words before paragraph (a), for “33” substitute “67E(6) or 67G(5)”.

Commencement Information

I451 Sch. 21 para. 43 not in force at Royal Assent, see s. 255(1)

I452 Sch. 21 para. 43 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

44 U.K. In Schedule 5 (minor and consequential amendments), omit paragraphs 16 to 19.

Commencement Information

I453 Sch. 21 para. 44 not in force at Royal Assent, see s. 255(1)

I454 Sch. 21 para. 44 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Criminal Finances Act 2017 (c. 22) E+W

45 In section 32 of the Criminal Finances Act 2017 (reconsideration of discharged orders), omit subsections (2) and (3).

Commencement Information

I455 Sch. 21 para. 45 not in force at Royal Assent, see s. 255(1)

I456 Sch. 21 para. 45 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Sentencing Act 2020 (c. 17) E+W

46 The Sentencing Act 2020 is amended as follows.

Commencement Information

I457 Sch. 21 para. 46 not in force at Royal Assent, see s. 255(1)

I458 Sch. 21 para. 46 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

47 U.K. In section 42 (court’s duty to order payment of surcharge), in subsection (2)(b), for the words from “15” to the end substitute “15A of the Proceeds of Crime Act 2002 (effect on duty in subsection (1) where court sentences before confiscation proceedings)”.

Commencement Information

I459 Sch. 21 para. 47 not in force at Royal Assent, see s. 255(1)

I460 Sch. 21 para. 47 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

48 U.K. In section 46 (criminal courts charge duty), in subsection (1), omit the words from “But” to the end.

Commencement Information

I461 Sch. 21 para. 48 not in force at Royal Assent, see s. 255(1)

I462 Sch. 21 para. 48 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

49 U.K. In section 125 (exercise of court’s powers to impose fine and fix amount), in subsection (6)(b), for the words from “15” to the end substitute “15A (where court sentences before confiscation proceedings)”.

Commencement Information

I463 Sch. 21 para. 49 not in force at Royal Assent, see s. 255(1)

I464 Sch. 21 para. 49 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

50 U.K. In section 135 (making a compensation order), in subsection (6)(b), for the words from “15” to the end substitute “15A (where court sentences before confiscation proceedings)”.

Commencement Information

I465 Sch. 21 para. 50 not in force at Royal Assent, see s. 255(1)

I466 Sch. 21 para. 50 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

51 U.K. In section 155 (exercise of power to make a deprivation order), in subsection (3)(b), for the words from “15” to the end substitute “15A (where court sentences before confiscation proceedings)”.

Commencement Information

I467 Sch. 21 para. 51 not in force at Royal Assent, see s. 255(1)

I468 Sch. 21 para. 51 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

52 U.K. In section 161E(5) (making an income reduction order) (as inserted by section 3 of the Sentencing Act 2026), for paragraph (b) substitute—

“(b) section 15A (where court sentences before confiscation proceedings).”

Commencement Information

I469 Sch. 21 para. 52 not in force at Royal Assent, see s. 255(1)

I470 Sch. 21 para. 52 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

53 (1) Schedule 22 (prospective amendments of the Sentencing Code and related legislation) is amended as follows. U.K.

(2) After Part 7 insert—

“Part 7A U.K. Amendments of other Acts consequential on prospective abolition of detention in default of payment of fines etc

Proceeds of Crime Act 2002 (c. 29)

100A (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 35A (default term of imprisonment or detention)—

(a) in subsection (2), for paragraphs (a) and (b) substitute “of imprisonment”;

(b) in subsection (4), in the opening words, omit “, or detained,”;

(c) in the heading, omit “or detention”.

(3) In section 35J (enforcement by magistrates’ court), in subsection (4), omit the words from “, or detention” to “Act 2000,”.

(4) In section 35M (warrant of commitment issued by Crown Court), in subsection (3), omit the words from “, or detention” to “Act 2000,”.”

(3) In Part 8 (amendments of other Acts consequential on prospective change to age limit for imprisonment) at the end insert—

Proceeds of Crime Act 2002 (c. 29)

103 In section 35A of the Proceeds of Crime Act 2002 (default term of imprisonment or detention), in subsection (4)(c), omit “, custody for life or detention in a young offender institution”.”

Commencement Information

I471 Sch. 21 para. 53 not in force at Royal Assent, see s. 255(1)

I472 Sch. 21 para. 53 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

54 U.K. In Schedule 24 (consequential amendments)—

(a) omit paragraphs 183 and 184;

(b) omit paragraph 185(3);

(c) omit paragraph 186(3);

(d) omit paragraphs 187 and 188;

(e) omit paragraphs 190 to 192.

Commencement Information

I473 Sch. 21 para. 54 not in force at Royal Assent, see s. 255(1)

I474 Sch. 21 para. 54 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Prospective

Part 13 E+W Confiscation orders made under saved legislation: provisional discharge

Provisional discharge of confiscation orders made under saved legislation E+W

55 (1) This paragraph applies if—

(a) an amount remains to be paid under a confiscation order made under—

(i) section 1 of the Drug Trafficking Offences Act 1986,

(ii) section 71 of the Criminal Justice Act 1988, or

(iii) section 2 of the Drug Trafficking Act 1994, and

(b) the relevant two-year period has ended.

(2) The Crown Court may, of its own motion or on an application made by a person listed in sub-paragraph (3), discharge the confiscation order on a provisional basis if the court considers that it is in the interests of justice to do so.

(3) The persons are—

(a) the prosecutor;

(b) the designated officer for a magistrates’ court;

(c) a receiver appointed under—

(i) section 11 of the Drug Trafficking Offences Act 1986, in the case of a confiscation order made under section 1 of that Act;

(ii) section 80 of the Criminal Justice Act 1988, in the case of a confiscation order made under section 71 of that Act;

(iii) section 29 of the Drug Trafficking Act 1994, in the case of a confiscation order made under section 2 of that Act.

(4) In deciding whether it is in the interests of justice to discharge a confiscation order on a provisional basis the court must, in particular, take into account—

(a) any amount that the defendant has already paid under the confiscation order;

(b) the extent to which the amount that remains to be paid under the order represents interest payable in respect of the order;

(c) any steps that have already been taken in relation to the enforcement of the order;

(d) the extent to which there are reasonable steps (or further reasonable steps) that could be taken in relation to the enforcement of the order;

(e) the amount that the court considers would be recovered if all such reasonable steps (or further reasonable steps) were to be taken.

(5) Where an application under this paragraph is refused, a further application in relation to the confiscation order concerned may only be made—

(a) after the end of the period of two years beginning with the date of the refusal, or

(b) before the end of that period, with the leave of the court.

(6) There is no right of appeal against a decision of the court under this paragraph to discharge, or not to discharge, a confiscation order on a provisional basis.

(7) In sub-paragraph (1), the “relevant two-year period” means the period of two years beginning with—

(a) the day on which the confiscation order was made, or

(b) in a case where the order has been varied under the Drug Trafficking Offences Act 1986, Part 6 of the Criminal Justice Act 1988 or, as the case may be, Part 1 of the Drug Trafficking Act 1994, the day on which the order was varied.

Commencement Information

I475 Sch. 21 para. 55 not in force at Royal Assent, see s. 255(1)

Effect of provisional discharge under paragraph 55 and revocation of discharge E+W

56 (1) This paragraph applies where a confiscation order has been discharged under paragraph 55 on a provisional basis.

(2) The order is to be treated as satisfied, and accordingly the proceedings against the defendant are to be treated as having concluded for the purposes of the Drug Trafficking Offences Act 1986, the Criminal Justice Act 1988 or, as the case may be, the Drug Trafficking Act 1994, subject to the rest of this paragraph.

(3) The provisional discharge of the order does not prevent the making of an application in respect of the order under—

(a) section 14 of the Drug Trafficking Offences Act 1986, in the case of a confiscation order made under section 1 of that Act;

(b) section 74C or 83 of the Criminal Justice Act 1988, in the case of a confiscation order made under section 71 of that Act;

(c) section 15, 16 or 17 of the Drug Trafficking Act 1994, in the case of a confiscation order made under section 2 of that Act.

(4) Where, on an application under any of those provisions, the court varies the order, the court may also revoke the provisional discharge of the order.

(5) The Crown Court may, on an application made by a person listed in sub-paragraph (6), revoke the provisional discharge of the order if the court considers that it is in the interests of justice to do so.

(6) The persons are—

(a) the prosecutor;

(b) a receiver appointed under—

(i) section 11 of the Drug Trafficking Offences Act 1986, in the case of a confiscation order made under section 1 of that Act;

(ii) section 80 of the Criminal Justice Act 1988, in the case of a confiscation order made under section 71 of that Act;

(iii) section 29 of the Drug Trafficking Act 1994, in the case of a confiscation order made under section 2 of that Act.

(7) In deciding whether it is in the interests of justice to revoke the provisional discharge of a confiscation order the court must, in particular, take into account the matters listed in paragraph 55(4).

(8) Where the court revokes the provisional discharge of a confiscation order under this paragraph—

(a) the order is, from the time of the revocation, no longer to be treated as satisfied, and

(b) accordingly—

(i) from that time the proceedings against the defendant are to be treated as not having been concluded, and

(ii) any interest which was payable in respect of the order for a period before the provisional discharge of the order but which had not been paid at the time of the provisional discharge becomes payable.

(9) There is no right of appeal against a decision of the court under this paragraph to revoke, or not to revoke, the provisional discharge of a confiscation order.

Commencement Information

I476 Sch. 21 para. 56 not in force at Royal Assent, see s. 255(1)

Time for payment where provisional discharge of order is revoked E+W

57 (1) This paragraph applies where a court revokes the provisional discharge of a confiscation order—

(a) under paragraph 56(4) on an application under section 74C of the Criminal Justice Act 1988 or section 15 or 16 of the Drug Trafficking Act 1994, or

(b) under paragraph 56(5).

(2) If the court is satisfied that the defendant is unable to pay the full amount ordered to be paid under the order on the day on which the provisional discharge is revoked, the court may make an order requiring whatever cannot be paid on that day to be paid—

(a) in a specified period, or

(b) in specified periods each of which relates to a specified amount.

(3) A specified period—

(a) must start with the day on which the provisional discharge is revoked, and

(b) must not exceed three months.

(4) If—

(a) within any specified period the defendant applies to the relevant court for that period to be extended, and

(b) the relevant court is satisfied that, despite having made all reasonable efforts, the defendant is unable to pay the amount to which the specified period relates within that period,

the court may make an order extending the period (for all or any part or parts of the amount in question).

(5) “The relevant court” means—

(a) in a case where the Crown Court revoked the provisional discharge of the order, the Crown Court;

(b) in a case where a magistrates’ court revoked the provisional discharge of the order, a magistrates’ court.

(6) An extended period—

(a) must start with the day on which the provisional discharge is revoked, and

(b) must not exceed six months.

(7) An order under sub-paragraph (4)—

(a) may be made after the end of the specified period to which it relates, but

(b) must not be made after the end of the period of six months starting with the day on which the provisional discharge is revoked.

(8) Periods specified or extended under this paragraph must be such that, where the court believes that a defendant will by a particular day be able—

(a) to pay the amount remaining to be paid, or

(b) to pay an amount towards what remains to be paid,

that amount is required to be paid no later than that day.

(9) If—

(a) an application has been made under sub-paragraph (4) for a specified period to be extended,

(b) the application has not been determined by the court, and

(c) the period of six months starting with the day on which the provisional discharge was revoked has not ended,

the amount on which interest is payable in respect of the order does not include the amount to which the specified period relates.

(10) The court must not make an order under sub-paragraph (2) or (4) unless it gives the prosecutor an opportunity to make representations.

Commencement Information

I477 Sch. 21 para. 57 not in force at Royal Assent, see s. 255(1)

Financial status orders E+W

58 (1) This paragraph applies where—

(a) the Crown Court has decided of its own motion to consider whether to discharge a confiscation order on a provisional basis,

(b) an application has been made under paragraph 55 or 56, or

(c) the court has discharged a confiscation order on a provisional basis and an application has been made under—

(i) section 14 of the Drug Trafficking Offences Act 1986, in the case of a confiscation order made under section 1 of that Act;

(ii) section 74C or 83 of the Criminal Justice Act 1988, in the case of a confiscation order made under section 71 of that Act;

(iii) section 15, 16 or 17 of the Drug Trafficking Act 1994, in the case of a confiscation order made under section 2 of that Act.

(2) The relevant court may order the defendant to give the court, before the end of the period specified in the order—

(a) any information about the defendant’s assets and other financial circumstances, and

(b) any documentary or other evidence in support of that information, that the court may require in connection with the exercise of its functions under paragraph 55 or 56.

(3) “The relevant court” means—

(a) where this paragraph applies as a result of sub-paragraph (1)(a) or (b), the Crown Court;

(b) where this paragraph applies as a result of sub-paragraph (1)(c), the court to which the application mentioned in that sub-paragraph is made.

Commencement Information

I478 Sch. 21 para. 58 not in force at Royal Assent, see s. 255(1)

Prospective

Section 189(2)

Schedule 22 N.I. Confiscation orders: Northern Ireland

Part 1 N.I. The principal objective

1 (1) The Proceeds of Crime Act 2002 is amended as follows. N.I.

(2) At the beginning of Part 4 insert—

“Exercise of powers: general N.I.

155A The principal objective

(1) This section applies to any power conferred by or under this Part on—

(a) a court;

(b) a prosecutor;

(c) a person who is an appropriate officer within the meaning given by section 190A(3) or 195A(1);

(d) any other person whose functions include the investigation of crime;

(e) a receiver appointed under section 196 or 198.

(2) The principal objective in exercising a power to which this section applies in relation to a defendant is to deprive the defendant of the defendant’s benefit from criminal conduct, so far as within the defendant’s means.

(3) The defendant’s means are to be taken to include any tainted gifts made by the defendant.

(4) A court or person must exercise any power to which this section applies in the way which the court or person considers is best calculated to further the principal objective.

(5) The duty under section 2A(1) does not apply to the exercise by a relevant authority of a power to which this section applies if and to the extent that exercising the power in compliance with that duty would be inconsistent with doing so in compliance with the duty under subsection (4).

(6) In subsection (5) “relevant authority” has the meaning given by section 2A(2).”

(3) In the italic heading before section 217, after “of” insert “specific”.

(4) In section 217 (powers of court and receiver etc)—

(a) in the heading, at the beginning insert “Specific”;

(b) in subsection (3), in the words before paragraph (a), after “subject to” insert “the principal objective (see section 155A) and”.

Commencement Information

I479 Sch. 22 para. 1 not in force at Royal Assent, see s. 255(8)(m)

Part 2 N.I. Criminal lifestyle

Prosecutor’s discretion N.I.

2 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 156(4) (making of order: criminal lifestyle and conduct)—

(a) in paragraph (a), at the beginning insert “if asked to do so by the prosecutor”;

(b) in paragraph (b), after “if” insert “(pursuant to paragraph (a))”;

(c) in paragraph (c), at the beginning insert “if it is not asked to decide whether the defendant has a criminal lifestyle or”.

(3) In section 166 (statement of information)—

(a) after subsection (2) insert—

“(2A) The statement of information must indicate whether or not the case is one in which the court is asked to decide whether the defendant has a criminal lifestyle (see section 156(4)).”;

(b) in subsection (3), for “prosecutor believes”, in the first place it occurs, substitute “case is one in which the court is asked to decide whether”;

(c) in subsection (5), for “prosecutor does not believe” substitute “case is one in which the court is not asked to decide whether”.

(4) In section 170(2) (no order made: reconsideration of benefit)—

(a) omit “has decided that”;

(b) in paragraph (a), for “the defendant has a criminal lifestyle but” substitute “has decided under section 156(4)(b) that the defendant”;

(c) in paragraph (b), for “the defendant does not have a criminal lifestyle and” substitute “has decided under section 156(4)(c) that the defendant”.

Commencement Information

I480 Sch. 22 para. 2 not in force at Royal Assent, see s. 255(8)(m)

The serious risk of injustice test N.I.

3 In section 160 of the Proceeds of Crime Act 2002 (assumptions to be made in case of criminal lifestyle), after subsection (6) insert—

“(6A) In determining whether there would be a serious risk of injustice if a required assumption were made in relation to particular property or expenditure, the court must consider all the circumstances of the case and must, in particular, give the appropriate weight to—

(a) any evidence about the serious risk of injustice that has been made available to it, and

(b) any explanation given by the defendant for being unable to provide evidence that would have shown the assumption to be incorrect.”

Commencement Information

I481 Sch. 22 para. 3 not in force at Royal Assent, see s. 255(8)(m)

Cases in which defendant has a criminal lifestyle N.I.

4 (1) Section 223 of the Proceeds of Crime Act 2002 (criminal lifestyle) is amended as follows.

(2) In subsection (3)—

(a) after “benefited”, in the first place it occurs, insert “, or intended to benefit,”;

(b) in paragraph (a)—

(i) for “three”, in both places it occurs, substitute “two”;

(ii) after “benefited” insert “or intended to benefit”;

(c) in paragraph (b), after “benefited” insert “or intended to benefit”.

(3) The amendments made by sub-paragraph (2)(a), (b)(ii) and (c) do not apply in relation to conduct that took place wholly or partly before the date on which those provisions come into force.

Commencement Information

I482 Sch. 22 para. 4 not in force at Royal Assent, see s. 255(8)(m)

Criminal lifestyle offences N.I.

5 (1) Schedule 5 to the Proceeds of Crime Act 2002 (criminal lifestyle offences) is amended as follows.

(2) In paragraph 8(1A) (offences in connection with brothels), after paragraph (f) insert—

“(g) Article 64 (keeping a brothel used for prostitution).”

(3) Before paragraph 9A insert—

“Offences involving gangmasters”

(4) After paragraph 9B insert—

Environmental offences

9C An offence under Article 4(1)(a) of the Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I. 19)) (depositing, or causing or permitting the deposit of, controlled waste, otherwise than in accordance with a waste management licence).”

(5) An amendment made by sub-paragraph (2) or (4) does not apply in relation to an offence committed wholly or partly before the coming into force of the sub-paragraph in question.

Commencement Information

I483 Sch. 22 para. 5 not in force at Royal Assent, see s. 255(8)(m)

Part 3 N.I. Provisions concerning amount to be paid under confiscation order

Recoverable amount N.I.

6 (1) Section 157 of the Proceeds of Crime Act 2002 (recoverable amount) is amended in accordance with sub-paragraphs (2) and (3).

(2) In subsection (2), for “shows” substitute “proves or the court is otherwise satisfied”.

(3) In subsection (4)—

(a) in the words before paragraph (a), omit “for the purposes of subsection (1),”;

(b) before paragraph (a) insert—

“(za) any property in respect of which an order falling within section 163(3)(b), (c) or (d) was made before the court proceeded under section 156 (see section 165A(2)(c)),”;

(c) omit the “and” at the end of paragraph (c);

(d) at the end insert—

“(e) any property that has been restored to a victim of the conduct concerned, or any other person entitled to recover it,

(f) any property that has been handed over to an appropriate officer within the meaning given by section 190A(3) or 195A(1),

(g) any property that, having been seized under a power conferred by or by virtue of—

(i) a warrant granted under any enactment or rule of law, or

(ii) any enactment, or rule of law, under which the authority of a warrant is not required,

has not subsequently been released, and

(h) any amount paid by the defendant by way of compensation in connection with the conduct concerned to any victim of the conduct in respect of loss, injury or damage sustained by the victim.”

(4) In section 171 of that Act (order made: reconsideration of benefit)—

(a) for subsection (1)(b) substitute—

“(b) either or both of the conditions mentioned in subsection (1A) are met,”;

(b) after subsection (1) insert—

“(1A) The conditions are that—

(a) there is evidence which was not available to the prosecutor at the relevant time;

(b) there is property that—

(i) but for section 157(4)(g) (seized property), would have been taken into account in calculating the relevant amount, and

(ii) has been released to the defendant since the relevant time.”

Commencement Information

I484 Sch. 22 para. 6 not in force at Royal Assent, see s. 255(8)(m)

Hidden property N.I.

7 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 159(1) (available amount)—

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

(b) at the end of paragraph (b) insert “, and

(c) any amount determined under section 159A (value of hidden property).”

(3) After that section insert—

“159A Hidden property

(1) This section applies where it appears to a court calculating the available amount that—

(a) the defendant’s benefit from the conduct concerned exceeds the total of the values (as at the time the confiscation order is made) of—

(i) all the free property then held by the defendant, and

(ii) all tainted gifts, and

(b) some or all of that excess is a result of property having been hidden by or on behalf of the defendant.

(2) The court must determine the total value of the property that the court considers has been hidden by or on behalf of the defendant.

(3) When making a determination under this section the court must, in particular, consider the extent to which there are other circumstances that may account for the excess mentioned in subsection (1)(b), for example—

(a) expenditure incurred by the defendant which has or may have been met from the defendant’s benefit from the conduct concerned;

(b) changes in the value of the property held by the defendant.”

(4) In section 171 (order made: reconsideration of benefit), in subsection (8)(b), for “section 159” substitute “sections 159 and 159A”.

(5) In section 172 (order made: reconsideration of available amount), in subsection (3), for “section 159” substitute “sections 159 and 159A”.

(6) In section 173 (inadequacy of available amount: variation of order), in subsection (2), for “section 159” substitute “sections 159 and 159A”.

Commencement Information

I485 Sch. 22 para. 7 not in force at Royal Assent, see s. 255(8)(m)

Tainted gifts N.I.

8 In section 225 of the Proceeds of Crime Act 2002 (tainted gifts), for subsection (5) substitute—

“(5) A gift is tainted if it was made by the defendant—

(a) at any time after the commission of the offence concerned, or

(b) if the defendant’s particular criminal conduct consists of two or more offences and they were committed at different times, at any time after the commission of the earliest of the offences.”

Commencement Information

I486 Sch. 22 para. 8 not in force at Royal Assent, see s. 255(8)(m)

Benefit N.I.

9 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 224 (conduct and benefit), after subsection (7) insert—

“(8) But in a case where—

(a) the person—

(i) intended to have only a limited power to control or dispose of all or part of the property,

(ii) held the property temporarily, or

(iii) is treated as obtaining the property as a result of section 232(3), and

(b) the court believes that the amount found under subsection (7) in relation to the property would produce a result that would be unjust,

the court may reduce that amount to such amount (including zero) as the court believes is just.”

(3) In section 232 (property: general provisions)—

(a) in subsection (2)(b), at the end insert “(and see subsection (3))”;

(b) after subsection (2) insert—

“(3) If, as a result of or in connection with conduct, a person keeps property that the person already has, where the court believes it just to do so the person is to be treated as obtaining the property as a result of or in connection with the conduct.”

Commencement Information

I487 Sch. 22 para. 9 not in force at Royal Assent, see s. 255(8)(m)

Value of property obtained N.I.

10 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 227(5) (value: the basic rule), after “228” insert “, 228A”.

(3) In section 228 (value of property obtained from conduct), after subsection (4) insert—

“(5) If only a proportion of the property was obtained by the person as a result of or in connection with the person’s criminal conduct, only that proportion is to be taken into account for the purposes of subsections (2) to (4).

(6) This section does not apply in a case where section 228A applies.”

(4) After that section insert—

“228A Mortgages

(1) This section applies if—

(a) a person uses a loan obtained as a result of or in connection with the person’s criminal conduct to purchase an interest in land,

(b) the loan is secured by a mortgage over the interest in land, and

(c) the interest in land has increased in value during the loan period.

(2) The value, at the material time, of the property obtained as a result of or in connection with the person’s criminal conduct is to be taken to be the amount found using the following formula—

where—

• A is the amount of the loan;

• B is the value of the interest in land at the time it was purchased;

• C is the amount by which the interest in land has increased in value between that time and the end of the loan period.

(3) The value of the interest in land at the beginning and end of the loan period is to be found in accordance with section 227.

(4) If the loan period ends before the material time, the amount found under subsection (2) is to be adjusted to take account of changes in the value of money between the end of the loan period and the material time.

(5) In this section—

• “the loan period” is the period between the time when the loan is obtained and the earlier of—

  (a)

  the time when the principal, and any interest due, is repaid, and

  (b)

  the material time;

• “the material time” is the time the court makes its decision.”

Commencement Information

I488 Sch. 22 para. 10 not in force at Royal Assent, see s. 255(8)(m)

Value of property realised or destroyed N.I.

11 (1) Section 228 of the Proceeds of Crime Act 2002 (value of property obtained from conduct) is amended as follows.

(2) In subsection (2), at the beginning insert “Except where subsection (3A) or (3B) applies,”.

(3) After subsection (3) insert—

“(3A) Where the person no longer holds the property obtained because it has been sold, the value of the property at the material time is the greater of the following—

(a) the proceeds of the sale, adjusted to take account of later changes in the value of money;

(b) the value (immediately before the sale) of the property, adjusted to take account of later changes in the value of money.

(3B) Where the person no longer holds the property obtained because it has been destroyed by virtue of a court order under section 199(2)(e) or section 215AA (orders for destruction of cryptoassets), the value of the property at the material time is the market value of the property as set out in the court order, adjusted to take account of later changes in the value of money.

(3C) For the purposes of subsection (3A)(a), if the proceeds of the sale are in a currency other than sterling, they must be taken to be the sterling equivalent calculated in accordance with the rate of exchange prevailing at the end of the day of the sale.”

(4) In subsection (4), after “(2)(a) and (b)” insert “and subsection (3A)(b)”.

Commencement Information

I489 Sch. 22 para. 11 not in force at Royal Assent, see s. 255(8)(m)

Part 4 N.I. Priority orders

Priority orders N.I.

12 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 163 (effect of confiscation order on court’s other powers)—

(a) in subsection (3)(a), for “an order under Article 14” to the end substitute “a priority order”;

(b) after subsection (3) insert—

“(3A) In this section “priority order” means either of the following—

(a) an order for the payment of compensation under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (compensation orders);

(b) a slavery and trafficking reparation order under Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (slavery and trafficking reparation orders).”;

(c) for subsections (5) and (6) substitute—

“(5) Where a court makes a confiscation order or priority order the effect of which is that subsection (6) applies, the court making that order must also make a priority payment direction.

(6) This subsection applies if, in the same proceedings (see section 233 for the meaning of “proceedings”) the following are made against the same person—

(a) a confiscation order, and

(b) one or more priority orders.

(7) A “priority payment direction” is a direction that any amount payable under the priority order (or orders) that remains unpaid when any sum is recovered under the confiscation order is to be paid out of that sum.”

(3) In section 169 (no order made: reconsideration of case), omit subsection (8).

(4) In section 170 (no order made: reconsideration of benefit), omit subsection (12).

(5) In section 171 (order made: reconsideration of benefit)—

(a) in subsection (9), omit paragraph (c);

(b) omit subsection (10).

(6) In section 172 (order made: reconsideration of available amount)—

(a) in subsection (5), omit paragraph (c);

(b) omit subsection (6).

(7) In section 203 (sums received by chief clerk), for subsection (5) substitute—

“(5) If a priority payment direction was made under section 163(5), the chief clerk must next apply the sums in payment of any amounts payable under the priority order (or orders) that remain unpaid.

(5A) In a case in which there is more than one priority order the sums are to be applied in the order in which the priority orders were made, starting with the earliest of them.”

Commencement Information

I490 Sch. 22 para. 12 not in force at Royal Assent, see s. 255(8)(m)

Part 5 N.I. Procedural matters

Timing of confiscation proceedings and effect on sentencing N.I.

13 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) Before section 166 insert—

“165A Timing of confiscation proceedings and effect on sentencing

(1) This section applies where the court sentences the defendant for the offence (or any of the offences) concerned before it proceeds under section 156.

(2) In sentencing the defendant for the offence (or any of the offences) concerned the court must not—

(a) impose a fine on the defendant,

(b) make an order falling within section 163(3)(a),

(c) make an order falling within section 163(3)(b), (c) or (d) other than any such order made in respect of property that has little or no market value at the time of sentencing,

(d) make an order for the payment of compensation under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)).

(3) The court must draw up a timetable for the proceedings under section 156 before the end of the hearing at which it sentences the defendant for the offence (or, where there is more than one, the last offence) concerned.

(4) The court may revise a timetable drawn up under subsection (3).

(5) Section 156 has effect as if the defendant’s particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding the defendant’s sentence for the offence or offences concerned.

(6) The court may, after the conclusion of the proceedings under section 156, vary the sentence by—

(a) imposing a fine on the defendant,

(b) making an order falling within section 163(3),

(c) making an order for the payment of compensation under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (SI 1994/2795 (N.I. 15)).

(7) But the court may proceed under subsection (6) only within the period of 56 days beginning with the day on which the court—

(a) makes a confiscation order under section 156, or

(b) decides not to make such an order.

(8) For the purposes of—

(a) section 16(1) of the Criminal Appeal (Northern Ireland) Act 1980 (time limit for notice of appeal or of application for leave to appeal), and

(b) paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of application for leave to refer a case under section 36 of that Act),

the sentence must be regarded as imposed or made on the day on which it is varied under subsection (6).”

(3) Omit sections 164 and 165 (postponement of confiscation proceedings).

Commencement Information

I491 Sch. 22 para. 13 not in force at Royal Assent, see s. 255(8)(m)

Early resolution meeting N.I.

14 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 156, after subsection (7) insert—

“(7A) But the court may, if it believes it is appropriate to do so, decide any question arising under subsection (4) or (5) in accordance with an agreement reached by the prosecutor and defendant at an EROC meeting as mentioned in section 165B(3)(a).”

(3) After section 165A insert—

“165B Early resolution meeting

(1) This section applies where—

(a) the Crown Court is proceeding under section 156, and

(b) the court directs that an early resolution of confiscation meeting (an “EROC meeting”) is to be held.

(2) Before the court proceeds as mentioned in subsection (4) of section 156 (making of order) the prosecutor and the defendant (or the defendant’s legal representative) must attend an EROC meeting.

(3) An EROC meeting is a meeting held with a view to the prosecutor and defendant—

(a) reaching agreement on the question whether a confiscation order is required to be made against the defendant and, if so, on the amount required to be paid by the defendant under the confiscation order, or

(b) in a case where agreement as mentioned in paragraph (a) is not reached, identifying the questions to be decided by the court in proceeding under section 156 on which they disagree.

(4) A direction under subsection (1)(b)—

(a) may be given by the court on application by the prosecutor or of its own motion;

(b) may require or permit the attendance at an EROC meeting of—

(i) any person who it appears to the court holds, or may hold, an interest in key property;

(ii) an accredited financial investigator;

(iii) any other person that the court considers appropriate.

(5) A direction under subsection (1)(b) may be varied or revoked by the court on application by the prosecutor or of its own motion.

(6) Key property is property held by the defendant that the court believes will need to be realised or otherwise used to satisfy any confiscation order that may be made.

165C Early resolution hearing

(1) Following an EROC meeting, the court must hold an EROC hearing if—

(a) the prosecutor and defendant did not reach agreement as mentioned in section 165B(3)(a), or

(b) the prosecutor and defendant did reach agreement, but the court decided not to make a confiscation order under section 156 requiring the defendant to pay the amount agreed.

(2) An “EROC hearing” is a hearing for the court to consider the next steps in the section 156 proceedings.

(3) In this section “EROC meeting” has the meaning given by section 165B.”

Commencement Information

I492 Sch. 22 para. 14 not in force at Royal Assent, see s. 255(8)(m)

Part 6 N.I. Reconsideration and provisional discharge

Order made: reconsideration N.I.

15 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) After section 171 insert—

“171A Order made: reconsideration of benefit on decrease in value and sale etc

(1) This section applies if—

(a) a court has made a confiscation order,

(b) there is relevant property,

(c) an application to proceed under this section is made to the Crown Court by—

(i) the prosecutor, or

(ii) a receiver appointed under section 198, and

(d) the applicant believes that if the court were to make a new calculation of the defendant’s benefit and in doing so applied section 171(3) to (6), the amount found would not exceed the amount that would be found if the court were to make a new calculation of the defendant’s benefit under subsection (4).

(2) For the purposes of this section, property is “relevant property” if the property was obtained by the defendant as a result of or in connection with the conduct concerned and—

(a) it was held by the defendant when the relevant amount was calculated, but

(b) it is no longer held by the defendant because it has been—

(i) sold, or

(ii) destroyed by virtue of a court order under section 199(2)(e) or section 215AA (orders for the destruction of cryptoassets).

(3) In a case where this section applies, the court must determine whether A is less than B, where—

• “A” is the total of the values of all relevant property as decided in accordance with section 228(3A) or (3B) (as appropriate), and

• “B” is the total of the values at which that property was taken into account when the relevant amount was calculated, adjusted to take account of changes in the value of money since it was calculated.

(4) If A is less than B, the court must make a new calculation of the defendant’s benefit by—

(a) adjusting the relevant amount to take account of changes in the value of money since it was calculated, and

(b) deducting from that adjusted amount the amount by which A is less than B.

(5) Subsection (6) applies where—

(a) the court makes a new calculation of the defendant’s benefit under subsection (4), and

(b) the court determines that C is less than D, where—

• “C” is the amount that, if it was adjusted to take account of changes in the value of money since the amount required to be paid was last determined, would give the amount found under the new calculation of the defendant’s benefit, and

• “D” is the amount required to be paid under the order.

(6) The court must vary the order by substituting C for the amount required to be paid.

(7) The variation of the order under subsection (6) does not—

(a) affect the defendant’s liability to pay any interest which was payable under section 162 for a period before the variation of the order but which had not been paid at the time of the variation, or

(b) give rise to any obligation to refund any amount already paid by the defendant under the order.

(8) The relevant amount is—

(a) the amount found as the defendant’s benefit for the purposes of the confiscation order, or

(b) if one or more new calculations of the defendant’s benefit have been made under section 171 or this section, the amount found on the occasion of the last such calculation.”

(3) In section 171 (order made: reconsideration of benefit)—

(a) after subsection (11) insert—

“(11A) Section 161 applies in relation to a confiscation order when it is varied under this section as it applies in relation to a confiscation order when it is made (reading references to the making of the order as references to the varying of the order and references to the day on which the order is made as references to the day on which the order is varied).

(11B) Where section 162 applies in relation to a confiscation order that has been varied under this section, the reference in section 162(3)(c) to the day on which the order was made is to be read as a reference to the day on which the order was varied.”;

(b) in subsection (13)—

(i) in paragraph (a), for “if this section has not applied previously;” substitute “or”;

(ii) for paragraph (b) substitute—

“(b) if one or more new calculations of the defendant’s benefit have been made under this section or section 171A, the amount found on the occasion of the last such calculation.”

(4) In section 172 (order made: reconsideration of available amount)—

(a) after subsection (7) insert—

“(7A) Section 161 applies in relation to a confiscation order when it is varied under this section as it applies in relation to a confiscation order when it is made (reading references to the making of the order as references to the varying of the order and references to the day on which the order is made as references to the day on which the order is varied).

(7B) Where section 162 applies in relation to a confiscation order that has been varied under this section, the reference in section 162(3)(c) to the day on which the order was made is to be read as a reference to the day on which the order was varied.”;

(b) in subsection (9), in paragraph (b), after “section 171” insert “or 171A”.

(5) In section 188 (reconsideration etc: variation of prison term), in subsection (1)(a), after “171,” insert “171A,”.

Commencement Information

I493 Sch. 22 para. 15 not in force at Royal Assent, see s. 255(8)(m)

Provisional discharge of confiscation order N.I.

16 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) For sections 174 and 175 substitute—

“174A Provisional discharge of order

(1) This section applies if—

(a) a court has made a confiscation order, and

(b) the relevant two-year period has ended.

(2) The Crown Court may, of its own motion or on an application made by a person listed in subsection (3), discharge the confiscation order on a provisional basis if the court considers that it is in the interests of justice to do so.

(3) The persons are—

(a) the prosecutor;

(b) a receiver appointed under section 198.

(4) In deciding whether it is in the interests of justice to discharge a confiscation order on a provisional basis the court must, in particular, take into account—

(a) any amount that the defendant has already paid under the confiscation order;

(b) the extent to which the amount that remains to be paid under the order represents interest payable under section 162;

(c) any steps that have already been taken in relation to the enforcement of the order;

(d) the extent to which there are reasonable steps (or further reasonable steps) that could be taken in relation to the enforcement of the order;

(e) the amount that the court considers would be recovered if all such reasonable steps (or further reasonable steps) were to be taken.

(5) The court may discharge a confiscation order on a provisional basis even though the court does not consider that doing so is best calculated to further the principal objective (see section 155A(4)).

(6) Where an application under this section is refused, a further application in relation to the confiscation order concerned may only be made—

(a) after the end of the period of two years beginning with the date of the refusal, or

(b) before the end of that period, with the leave of the court.

(7) There is no right of appeal against a decision of the court under this section to discharge, or not to discharge, a confiscation order on a provisional basis.

(8) In subsection (1), the “relevant two-year period” means the period of two years beginning with—

(a) the day on which the confiscation order was made, or

(b) in a case where the order has been varied under this Part, the day on which the order was varied.

174B Effect of provisional discharge and revocation of discharge

(1) This section applies where a confiscation order has been discharged under section 174A on a provisional basis.

(2) The order is to be treated as satisfied subject to the rest of this section.

(3) The provisional discharge of the order does not prevent the making of an application in respect of the order under section 171, 171A, 172 or 173.

(4) Where, on an application under any of those provisions, the court varies the order, the court may also revoke the provisional discharge of the order.

(5) The Crown Court may, on an application made by a person listed in subsection (6), revoke the provisional discharge of the order if the court considers that it is in the interests of justice to do so.

(6) The persons are—

(a) the prosecutor;

(b) a receiver appointed under section 198.

(7) In deciding whether it is in the interests of justice to revoke the provisional discharge of a confiscation order the court must, in particular, take into account the matters listed in section 174A(4).

(8) Where the court revokes the provisional discharge of a confiscation order under this section—

(a) the order is, from the time of the revocation, no longer to be treated as satisfied, and

(b) accordingly—

(i) from that time the proceedings against the defendant are to be treated as not having been concluded (see section 233(5)(a)), and

(ii) any interest which was payable under section 162 for a period before the provisional discharge of the order but which had not been paid at the time of the provisional discharge becomes payable.

(9) Where the court revokes the provisional discharge of an order under subsection (5), section 161 applies in relation to any part of the amount ordered to be paid under the order that had not been paid when the order was provisionally discharged as it applies in relation to the full amount ordered to be paid under a confiscation order when it is made.

(10) Where section 161 applies as mentioned in subsection (9), references in that section to the making of the order are to be read as references to the revocation of the provisional discharge of the order and references to the day on which the order is made as references to the day on which the provisional discharge of the order is revoked.

(11) Where section 162 applies in relation to a confiscation order following the revocation of a provisional discharge of the order under subsection (5), the reference in section 162(3)(c) to the day on which the order was made is to be read as a reference to the day on which the provisional discharge of the order was revoked.

(12) There is no right of appeal against a decision of the court under this section to revoke, or not to revoke, the provisional discharge of a confiscation order.

174C Financial status orders

(1) This section applies where—

(a) the Crown Court has decided of its own motion to consider whether to discharge a confiscation order on a provisional basis,

(b) an application has been made under section 174A or 174B, or

(c) the court has discharged a confiscation order on a provisional basis and an application has been made under section 171, 171A, 172 or 173.

(2) The court may order the defendant to give the court, before the end of the period specified in the order—

(a) any information about the defendant’s assets and other financial circumstances, and

(b) any documentary or other evidence in support of that information,

that the court may require in connection with the exercise of its functions under section 174A or 174B.”

(3) In the italic heading before section 169, at the end insert “and discharge”.

Commencement Information

I494 Sch. 22 para. 16 not in force at Royal Assent, see s. 255(8)(m)

Part 7 N.I. Enforcement

Enforcement plans N.I.

17 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) After section 163 insert—

“Measures to promote effectiveness of confiscation orders N.I.

163ZA Enforcement plans

(1) This section applies where a court makes a confiscation order.

(2) On making the confiscation order, the court must also prepare an enforcement plan for the order if—

(a) there are reasonable grounds to believe that the defendant might default on the confiscation order for any reason, or

(b) the court otherwise believes it is appropriate to do so for the purpose of ensuring that the confiscation order is effective.

(3) An enforcement plan for a confiscation order is a document setting out drafts of one or more orders that the court considers the Crown Court could make in the event that the defendant defaults on the confiscation order.

(4) For the purposes of this section and section 163ZB—

(a) the defendant defaults on a confiscation order if the defendant fails to pay the amount required to be paid under the order on or before the due date;

(b) the “due date”, in relation to a confiscation order, means—

(i) in a case where no period is specified under section 161(2), the day on which the confiscation order is made, or

(ii) in a case where one or more periods is so specified, the final day of the specified period that ends last (including any such period as extended under section 161(4)).

(5) Where the court making the confiscation order is the Court of Appeal (see section 215E(4)(b)(i) (appeals)), on making the order the Court of Appeal may direct that the Crown Court is to carry out the duties under this section as if the Crown Court had made the order.

163ZB Enforcement plan: initial enforcement hearing

(1) This section applies where an enforcement plan is prepared for a confiscation order.

(2) The Crown Court must set a date for a hearing to take place in the event that the defendant defaults on the confiscation order, and that date must be the first date then available to the court after the due date (see section 185A for provision about this hearing).

(3) If an order is made under section 161(4) as a result of which the due date in relation to the confiscation order changes, the court must reset the date for the hearing to the first date then available to the court after the new due date.”

(3) In section 163A (compliance orders), in subsection (1) at the end insert “(whether or not the court also prepares an enforcement plan under section 163ZA)”.

(4) After section 185 insert—

“185A Confiscation order with enforcement plan: initial enforcement hearing

(1) This section applies where—

(a) a court has prepared an enforcement plan for a confiscation order (see section 163ZA), and

(b) the defendant defaults on the confiscation order (within the meaning given by section 163ZA(4)).

(2) If the condition in subsection (4) is met the court must, at the initial enforcement hearing, make an order or orders in the terms that were set out in draft in the enforcement plan (the “initial enforcement orders”).

(3) If that condition is not met the court must, at that hearing, consider what other steps to take for the purpose of enforcing the confiscation order.

(4) The condition is that the court believes that—

(a) the proceeds of the realisation of property pursuant to the initial enforcement orders would be less than or equal to the amount remaining to be paid under the confiscation order, and

(b) the interests of justice do not require any initial enforcement order not to be made.

(5) In this section “the initial enforcement hearing” means the hearing held pursuant to section 163ZB.”

Commencement Information

I495 Sch. 22 para. 17 not in force at Royal Assent, see s. 255(8)(m)

Power to compel defendant to attend court at any stage of enforcement proceedings N.I.

18 After section 185A of the Proceeds of Crime Act 2002 insert—

“185B Power to compel defendant to attend court for enforcement purposes

(1) This section applies if a court has made a confiscation order.

(2) The Crown Court may, for any purpose in connection with the enforcement of the order—

(a) issue a summons requiring the defendant to appear before the court at the time and place appointed in the summons, or

(b) issue a warrant to arrest the defendant and bring them before the court.

(3) On the failure of the defendant to appear before the Crown Court in answer to a summons issued under subsection (2)(a), the court may issue a warrant to arrest them and bring them before the court.

(4) A magistrates’ court may, for any purpose in connection with exercising its powers under section 215, 215ZA, 215A or 215AA—

(a) issue a summons requiring the defendant to appear before the court at the time and place appointed in the summons, or

(b) issue a warrant to arrest the defendant and bring them before the court.

(5) On the failure of the defendant to appear before the court in answer to a summons issued under subsection (4)(a), the court may issue a warrant to arrest them and bring them before the court.”

Commencement Information

I496 Sch. 22 para. 18 not in force at Royal Assent, see s. 255(8)(m)

Financial status order N.I.

19 After section 185B of the Proceeds of Crime Act 2002 insert—

“185C Financial status orders

(1) This section applies if a court has made a confiscation order.

(2) The Crown Court may order the defendant to give the court, before the end of the period specified in the order—

(a) any information about the defendant’s assets and other financial circumstances, and

(b) any documentary or other evidence in support of that information,

that the court may require in connection with the enforcement of the confiscation order.”

Commencement Information

I497 Sch. 22 para. 19 not in force at Royal Assent, see s. 255(8)(m)

Confiscation assistance advisers N.I.

20 After section 185C of the Proceeds of Crime Act 2002 insert—

“185D Confiscation assistance advisers

(1) This section applies if a court has made a confiscation order.

(2) The Crown Court may appoint any person the court thinks appropriate to advise and assist the defendant in satisfying the confiscation order.

(3) But a person may only be appointed under subsection (2) with the person’s consent.”

Commencement Information

I498 Sch. 22 para. 20 not in force at Royal Assent, see s. 255(8)(m)

Extension to Crown Court of powers in relation to money, cryptoassets and personal property N.I.

21 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 215 (money)—

(a) in subsection (5), for “a magistrates’ court” substitute “the relevant court”;

(b) in subsection (5B), for “a magistrates’ court” substitute “the relevant court”;

(c) in subsection (6)(a), for “magistrates’ court” substitute “relevant court”;

(d) in subsection (8), after the definition of “payment institution”, insert—

• ““the relevant court” means—

  (a)

  the Crown Court, where—

  (i)

  the court that made the confiscation order on doing so also prepared an enforcement plan for the confiscation order (see section 163ZA) or determined that the Crown Court should be responsible for exercising the powers in this section, and

  (ii)

  the Crown Court has not, at the time of or since the preparation of the plan or since the determination of responsibility as mentioned in sub-paragraph (i), made an order determining that a magistrates’ court should be responsible for exercising the powers in this section;

  (b)

  a magistrates’ court, in any other case.”

(3) In section 215ZA (cryptoassets)—

(a) in subsection (3), in the words before paragraph (a), for “A magistrates’ court” substitute “The relevant court”;

(b) in subsection (6), for “a magistrates’ court” substitute “the relevant court”;

(c) in subsection (7)—

(i) in paragraph (a), for “magistrates’ court” substitute “relevant court”;

(ii) in paragraph (b), for “the court” substitute “a magistrates’ court”;

(d) after subsection (9) insert—

“(10) In this section “the relevant court” has the meaning given by section 215(8), but as if references in the definition to the powers in section 215 were references to the powers in this section.”

(4) In section 215A (seized personal property)—

(a) in subsection (3), for “a magistrates’ court” substitute “the relevant court”;

(b) after subsection (3) insert—

“(3A) In subsection (3) “the relevant court” has the meaning given by section 215(8), but as if references in the definition to the powers in section 215 were references to the power in this section.”

(5) In section 215AA (destruction of seized cryptoassets)—

(a) in subsection (2), for “A magistrates’ court” substitute “The relevant court”;

(b) after subsection (2) insert—

“(2A) In subsection (2) “the relevant court” has the meaning given by section 215(8), but as if references in the definition to the powers in section 215 were references to the power in this section.”

(6) In section 215B(1) (costs of storage and realisation), for “a magistrates’ court” substitute “a court”.

(7) In section 217(2A) (powers of court and receiver etc), in paragraph (c) for “a magistrates’ court” substitute “a court”.

Commencement Information

I499 Sch. 22 para. 21 not in force at Royal Assent, see s. 255(8)(m)

Part 8 N.I. Restraint orders

Conditions for making of restraint order: risk of dissipation N.I.

22 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 189 (conditions for exercise of power to make restraint order)—

(a) for subsection (1) substitute—

“(1) Section 190 (power to make a restraint order) applies if—

(a) any of the first to fifth conditions is satisfied (see subsections (2) to (6)), and

(b) there is a real risk that relevant realisable property held by any person will be dissipated unless the High Court exercises the powers conferred by section 190 in relation to that property.

(1A) For the purposes of this section—

(a) “relevant realisable property” is realisable property that could be used for the purpose of satisfying any confiscation order that has been or may be made against the defendant;

(b) a reference to relevant realisable property being “dissipated” is to it ceasing to be available for that purpose.

(1B) In determining for the purposes of subsection (1)(b) whether there is a real risk of relevant realisable property being dissipated, the court must, in particular, have regard to the following—

(a) the nature of the relevant realisable property;

(b) the extent to which any person has taken steps with a view to relevant realisable property being dissipated;

(c) any circumstances of a person who holds the relevant realisable property that may affect the ease with which they would be able to secure the dissipation of the property;

(d) any evidence of such a person’s character;

(e) the nature of the defendant’s criminal conduct;

(f) the amount by which the defendant is suspected or believed to have benefited from their criminal conduct;

(g) the stage of the proceedings for an offence against the defendant.”

(3) In section 190(1) (power to make restraint order), for “If any condition set out in section 189 is satisfied” substitute “In a case where this section applies (see section 189),”.

Commencement Information

I500 Sch. 22 para. 22 not in force at Royal Assent, see s. 255(8)(m)

Exception to restraint orders for reasonable legal expenses N.I.

23 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 190 (restraint orders), in subsection (4), for the words before paragraph (a) substitute “Section 190ZA applies to an exception to a restraint order if the exception makes provision for any reasonable legal expenses which—”.

(3) After section 190 insert—

“190ZA Exception for legal expenses in respect of offence with which confiscation proceedings concerned

(1) Where the court makes an exception to a restraint order under section 190(3) to which this section applies, it must ensure that the exception—

(a) is limited to legal expenses that the specified person has reasonably incurred or that the person reasonably incurs,

(b) specifies the total amount that may be released for legal expenses in pursuance of the exception, and

(c) is made subject to the required conditions (in addition to any conditions imposed under section 190(3)(c)).

(2) The Department of Justice in Northern Ireland may by regulations specify the required conditions for the purposes of subsection (1).

(3) A required condition may, in particular—

(a) restrict who may receive sums released in pursuance of the exception (by, for example, requiring released sums to be paid to professional legal advisers), or

(b) be made for the purpose of controlling the amount of any sum released in pursuance of the exception in respect of an item of expenditure.

(4) A required condition made for the purpose mentioned in subsection (3)(b) may, for example, provide for a sum to be released in respect of an item of expenditure only if—

(a) the court has assessed the amount allowed by the regulations in respect of that item, and

(b) the sum is released for payment of the assessed amount.

(5) For the purposes of subsection (4), the regulations may, in particular, make provision—

(a) limiting the amount of remuneration allowable to representatives for a unit of time worked;

(b) limiting the total amount of remuneration allowable to representatives for work done in connection with proceedings or a step in proceedings;

(c) limiting the amount allowable in respect of an item of expenditure incurred by a representative or incurred, otherwise than in respect of the remuneration of a representative, by a party to proceedings.

(6) Before making regulations under this section, the Department of Justice must consult such persons as the Department of Justice considers appropriate.”

Commencement Information

I501 Sch. 22 para. 23 not in force at Royal Assent, see s. 255(8)(m)

Exception to restraint order for reasonable living expenses N.I.

24 In section 190 of the Proceeds of Crime Act 2002 (restraint orders)—

(a) after subsection (3) insert—

“(3A) In making an exception to a restraint order that makes provision for reasonable living expenses the court must, in particular, have regard to the following—

(a) the period for which the restraint order is to have effect;

(b) the specified person’s applicable standard of living (see subsection (10));

(c) the specified person’s means;

(d) the value of relevant realisable property held by the specified person in relation to the amount that the defendant is, or is likely to be, required to pay under a confiscation order;

(e) the extent to which expenditure by the specified person is necessary or desirable for the purpose of improving or maintaining the value of relevant realisable property held by them.”;

(b) at the end insert—

“(10) In this section—

• “applicable standard of living”, in relation to a specified person, means—

  (a)

  the person’s standard of living immediately before the making of the restraint order, or

  (b)

  in a case where there is reasonable cause to believe that the person enjoys a higher standard of living as a result of criminal activity, the standard of living that the person would enjoy but for that activity;

• “relevant realisable property” has the same meaning as in section 189.”

Commencement Information

I502 Sch. 22 para. 24 not in force at Royal Assent, see s. 255(8)(m)

Discharge of restraint order etc: proceedings not started within reasonable time N.I.

25 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 190 (restraint orders)—

(a) in subsection (7A), for “and (7C)” substitute “to (7CA)”;

(b) after subsection (7C) insert—

“(7CA) In determining for the purposes of subsection (7B)(b) whether proceedings for the offence have not started within a reasonable time, the court must, in particular, have regard to the following—

(a) the length of time that has passed since the making of the restraint order;

(b) the reasons given by the prosecutor for proceedings not having started within that time;

(c) the length and complexity of the criminal investigation, both before and after the making of the restraint order;

(d) the extent to which the matters subject to that investigation include matters arising abroad;

(e) the length and complexity of the potential proceedings;

(f) the nature of the restraint order (for example, the extent of the property to which it relates);

(g) the impact of the restraint order on any person affected by the order.”

(3) In section 191 (restraint orders: application, discharge and variation), after subsection (7) insert—

“(7A) In determining for the purposes of subsection (7)(a) whether proceedings for the offence have not started within a reasonable time, the court must, in particular, have regard to the following—

(a) the length of time that has passed since the making of the restraint order;

(b) the reasons given by the prosecutor for proceedings not having started within that time;

(c) the length and complexity of the criminal investigation, both before and after the making of the restraint order;

(d) the extent to which the matters subject to that investigation include matters arising abroad;

(e) the length and complexity of the potential proceedings;

(f) the nature of the restraint order (for example, the extent of the property to which it relates);

(g) the impact of the restraint order on any person affected by the order.”

Commencement Information

I503 Sch. 22 para. 25 not in force at Royal Assent, see s. 255(8)(m)

Restraint orders: effect of conviction N.I.

26 After section 191 of the Proceeds of Crime Act 2002 insert—

“191A Restraint orders: effect of conviction

(1) In making or varying a restraint order at any time after the defendant’s conviction for an offence, the High Court must have regard, in particular, to—

(a) the fact of the defendant’s conviction, and

(b) whether either or both of the following has or have been, or is or are likely to be, made against the defendant—

(i) an order for the payment of compensation under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15));

(ii) a slavery and trafficking reparation order under Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.

(2) Subsections (3) and (4) apply where—

(a) the High Court makes a restraint order at a time when the defendant has not been convicted of an offence, and

(b) the defendant is subsequently convicted of an offence at a time when the order remains in force.

(3) If the restraint order is subject to an exception made under section 190(3), the High Court must review the appropriateness of the exception having regard, in particular, to the matters mentioned in subsection (1).

(4) Following that review the court may vary the restraint order, whether or not an application has been made under section 191(3).”

Commencement Information

I504 Sch. 22 para. 26 not in force at Royal Assent, see s. 255(8)(m)

Part 9 N.I. Management receivers

Appointment of management receiver N.I.

27 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 196 (appointment of management receiver)—

(a) after subsection (1) insert—

“(1A) Subsection (2) also applies if—

(a) a magistrates’ court has made a further detention order, and

(b) an application is made to the High Court to proceed under subsection (2) by—

(i) the prosecutor, or

(ii) an accredited financial investigator.”;

(b) in subsection (2), after “restraint order” insert “or (as the case may be) further detention order”;

(c) after subsection (2) insert—

“(3) For the purposes of this section and section 197, a “further detention order” is an order made in relation to property under section 195M (further detention of property detained under section 195J).”

(3) In section 197 (powers of management receiver)—

(a) in subsection (1), after “restraint order” insert “or (as the case may be) further detention order (referred to in this section as the “relevant order”)”;

(b) in subsections (2), (5) and (6)(a), for “restraint order” substitute “relevant order”.

(4) In section 211 (discharge and variation), in subsection (3)(a), after “section 189” insert “or 195B”.

Commencement Information

I505 Sch. 22 para. 27 not in force at Royal Assent, see s. 255(8)(m)

Part 10 N.I. Appeals

Appeal rights in relation to confiscation proceedings N.I.

28 (1) The Proceeds of Crime Act 2002 is amended in accordance with sub-paragraphs (2) to (7).

(2) After section 215D insert—

“Appeals N.I.

215E Appeals in relation to confiscation orders

(1) If the Crown Court makes a confiscation order, the prosecutor may appeal to the Court of Appeal in respect of the order.

(2) If the Crown Court decides not to make a confiscation order, the prosecutor may appeal to the Court of Appeal against the decision.

(3) On an appeal under subsection (1) the Court of Appeal—

(a) may confirm, vary or quash the confiscation order, and

(b) if it quashes the order, may direct the Crown Court to proceed afresh under section 156.

(4) On an appeal under subsection (2) the Court of Appeal—

(a) may confirm the decision, or

(b) if it believes that the decision was wrong, may—

(i) itself proceed under section 156 (ignoring subsections (1) to (3)), or

(ii) direct the Crown Court to proceed afresh under that section.

(5) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of the defendant or the prosecutor.

(6) On an appeal from a decision of the Court of Appeal to confirm, vary or make a confiscation order the Supreme Court may confirm, vary or quash the order.

(7) On an appeal from a decision of the Court of Appeal to confirm the decision of the Crown Court not to make a confiscation order, or from a decision of the Court of Appeal to quash a confiscation order, the Supreme Court may—

(a) confirm the decision, or

(b) direct the Crown Court to proceed afresh under section 156 if it believes the decision was wrong.

(8) In proceeding afresh under section 156 pursuant to this section, the Crown Court must comply with any directions the Court of Appeal or (as the case may be) the Supreme Court may make.

215F Appeals under section 215E: supplementary

(1) This section applies if a court makes or varies a confiscation order pursuant to section 215E.

(2) The court must—

(a) have regard to any fine imposed on the defendant in respect of the offence (or any of the offences) concerned;

(b) have regard to any order which falls within section 163(3) and has been made against the defendant in respect of the offence (or any of the offences) concerned, unless the order has already been taken into account by a court in deciding what is the free property held by the defendant for the purposes of section 159.

(3) Subsections (4) to (9) apply if a court makes a confiscation order pursuant to section 215E.

(4) If a court has already sentenced the defendant for the offence (or any of the offences) concerned, section 156 has effect as if the defendant’s particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding the defendant’s sentence for the offence or offences concerned.

(5) If an order falling with subsection (6) has been made against the defendant in respect of the offence (or any of the offences) concerned the court must have regard to the order.

(6) These orders fall within this subsection—

(a) an order for the payment of compensation under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15));

(b) a slavery and trafficking reparation order under Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.

(7) Section 158(2) does not apply, and the rules applying instead are that the court must—

(a) take account of conduct occurring before the relevant date;

(b) take account of property obtained before that date;

(c) take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.

(8) In section 160—

(a) the first and second assumptions do not apply with regard to property first held by the defendant on or after the relevant date;

(b) the third assumption does not apply with regard to expenditure incurred by the defendant on or after that date;

(c) the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by the defendant on or after that date.

(9) Section 176 applies as it applies in the circumstances mentioned in subsection (1) of that section.

(10) For the purposes of this section, “the relevant date” is—

(a) in a case where the Crown Court made a confiscation order which was quashed by the Court of Appeal, the date on which the Crown Court made the order;

(b) in any other case, the date on which the Crown Court decided not to make a confiscation order.

215G Appeals in relation to section 160A determinations

(1) If a court makes a determination under section 160A of the extent of the defendant’s interest in property, the following may appeal to the Court of Appeal in respect of the determination—

(a) the prosecutor;

(b) the defendant, if subsection (2) applies;

(c) a person who the Court of Appeal believes is or may be a person holding an interest in the property, if subsection (2) applies.

(2) This subsection applies if—

(a) the defendant or (as the case may be) the person within subsection (1)(c) was not given a reasonable opportunity to make representations when the determination was made, or

(b) it appears to the Court of Appeal to be arguable that giving effect to the determination would result in a serious risk of injustice to the defendant or that other person.

(3) But there is no right of appeal for the defendant or a person within subsection (1)(c) if—

(a) the Court of Appeal believes that an application under section 198 is to be made by the prosecutor for the appointment of a receiver,

(b) such an application has been made but not yet determined, or

(c) a receiver has been appointed under section 198.

(4) On an appeal under this section the Court of Appeal may—

(a) confirm the determination, or

(b) make such order as it believes is appropriate.

(5) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings on the appeal.

(6) On an appeal under subsection (5) the Supreme Court may—

(a) confirm the decision of the Court of Appeal, or

(b) make such order as it believes is appropriate.

215H Appeals in relation to compliance orders

(1) If, on an application under section 163A(3)(b), the Crown Court decides not to make a compliance order, the prosecutor may appeal to the Court of Appeal against the decision.

(2) If the Crown Court decides to make, discharge or vary a compliance order, the following persons may appeal to the Court of Appeal in respect of the decision—

(a) the prosecutor;

(b) the defendant;

(c) any other person affected by the order.

(3) On an appeal under subsection (1) or (2) the Court of Appeal may—

(a) confirm the decision, or

(b) make such order as it believes is appropriate.

(4) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings on the appeal.

(5) On an appeal under subsection (4) the Supreme Court may—

(a) confirm the decision of the Court of Appeal, or

(b) make such order as it believes is appropriate.

(6) In this section “compliance order” means an order made under section 163A.

215I Appeals in relation to variations of confiscation order

(1) If the Crown Court makes an order under section 171, 172 or 173 varying a confiscation order, the prosecutor may appeal to the Court of Appeal in respect of the order.

(2) For the defendant’s right of appeal where the Crown Court makes an order under section 171 or 172, see section 30(3)(e) of the Criminal Appeal (Northern Ireland) Act 1980 (the effect of which is that, for the purposes of the appeal rights conferred by that Act, any such order forms part of the defendant’s sentence).

(3) On an appeal under subsection (1) the Court of Appeal—

(a) may confirm, vary or quash the order concerned, and

(b) if it quashes the order, may direct the Crown Court to proceed afresh under section 171, 172 or 173.

(4) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of the defendant or the prosecutor.

(5) On an appeal from a decision of the Court of Appeal to confirm or vary the order concerned the Supreme Court may confirm, vary or quash the order.

(6) On an appeal from a decision of the Court of Appeal to quash the order concerned the Supreme Court may—

(a) confirm the decision of the Court of Appeal, or

(b) direct the Crown Court to proceed afresh under section 171, 172 or 173 if it believes the decision was wrong.

(7) In proceeding afresh pursuant to this section, the Crown Court must comply with any directions the Court of Appeal or (as the case may be) the Supreme Court may make.

215J Appeals in relation to restraint orders

(1) If, on an application under section 191 for a restraint order, the High Court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.

(2) If an application is made under section 191(3) in relation to a restraint order or an order under section 190(7), the following may appeal to the Court of Appeal in respect of the High Court’s decision on the application—

(a) the person who applied for the order;

(b) any person affected by the order.

(3) On an appeal under subsection (1) or (2) the Court of Appeal may—

(a) confirm the decision, or

(b) make such order as it believes is appropriate.

(4) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal.

(5) On an appeal under subsection (4) the Supreme Court may—

(a) confirm the decision of the Court of Appeal, or

(b) make such order as it believes is appropriate.

215K Appeals in relation to management and enforcement receivers

(1) If, on an application for an order under any of sections 196 to 199 or 210, the High Court or, as the case may be, the Crown Court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.

(2) If the High Court or the Crown Court makes an order under any of sections 196 to 199 or 210, any of the following may appeal to the Court of Appeal in respect of the order—

(a) the person who applied for the order;

(b) any person affected by the order;

(c) if the order was made under section 210, the receiver.

(3) The following may appeal to the Court of Appeal against a decision of the High Court or the Crown Court on an application under section 211—

(a) the person who applied for the order in respect of which the application was made;

(b) any person affected by the court’s decision;

(c) the receiver.

(4) On an appeal under this section the Court of Appeal may—

(a) confirm the decision, or

(b) make such order as it believes is appropriate.

(5) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal.

(6) On an appeal under subsection (5) the Supreme Court may—

(a) confirm the decision of the Court of Appeal, or

(b) make such order as it believes is appropriate.

215L Appeals in relation to realisation etc of seized property

(1) If the relevant court decides not to make an order under section 215ZA(3), 215A(3) or 215AA(2), an appropriate officer may appeal against the decision to the appropriate appellate court.

(2) If the relevant court makes an order under 215ZA(3), 215A(3) or 215AA(2), a person affected by the order may appeal in respect of the order to the appropriate appellate court, but only if conditions 1 and 2 are met (and see subsection (5)).

(3) Condition 1 is met if no determination under section 160A has been made in relation to the case.

(4) Condition 2 is met if—

(a) the person concerned was not given a reasonable opportunity to make representations when the confiscation order was made, or

(b) it appears to the appropriate appellate court to be arguable that not hearing the appeal would result in a serious risk of injustice to that person.

(5) A person holding the property to which the order under section 215ZA, 215A or (as the case may be) 215AA relates may not appeal under subsection (2) if there is a confiscation order made against them.

(6) An appropriate officer may appeal to the appropriate appellate court against—

(a) a decision by the relevant court not to make a determination under section 215B;

(b) a determination made by the relevant court under that section.

(7) On an appeal under this section to the Court of Appeal it may—

(a) confirm the decision, or

(b) make such order as it believes is appropriate.

(8) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal.

(9) On an appeal under subsection (8) the Supreme Court may—

(a) confirm the decision of the Court of Appeal, or

(b) make such order as it believes is appropriate.

(10) In this section—

• “the appropriate appellate court” is—

  (a)

  in a case where the relevant court is a magistrates’ court, the county court;

  (b)

  in a case where the relevant court is the Crown Court, the Court of Appeal;

• “appropriate officer” has the same meaning as in section 190A.”

(3) In section 193A (detention of property pending appeal), in subsections (1)(b) and (2)(b), for “192(3)(b)” substitute “215J(3)(b)”.

(4) In section 216 (applications and appeals), in subsection (1)(b), for “192, 193, 213 or 214” substitute “215J or 215K”.

(5) In section 217 (powers of court and receiver etc), in subsection (1)(a), for “and sections 210 to 215D” substitute “, sections 210 to 215D and sections 215J to 215L”.

(6) In section 233 (proceedings), in subsection (6)—

(a) in paragraph (a), for “181(2)” substitute “215E(2)”;

(b) in paragraph (b), for “181(2)” substitute “215E(2)”;

(c) in paragraph (c)—

(i) for “181(2)” substitute “215E(2)”;

(ii) for “183” substitute “215E(5)”;

(d) in paragraph (d)—

(i) for “181(2)” substitute “215E(2)”;

(ii) for “183” substitute “215E(5)”;

(e) in paragraph (e)—

(i) for “181(2)” substitute “215E(2)”;

(ii) for “183” substitute “215E(5)”;

(f) in paragraph (f), for “181(2)” substitute “215E(2)”;

(g) in paragraph (g), for “183” substitute “215E(5)”.

(7) Omit—

(a) section 163B (appeals against compliance orders);

(b) sections 181 to 183 (appeals against confiscation orders);

(c) sections 192 and 193 (restraint orders: appeals);

(d) sections 213 and 214 (receivers: appeals);

(e) section 215C (orders in relation to seized property: appeals).

(8) In section 30 of the Criminal Appeal (Northern Ireland) Act 1980 (meaning of sentence)—

(a) in subsection (3), in paragraph (d), omit the words from “(but” to the end;

(b) after subsection (4) insert—

“(5) A determination made under section 160A of the Proceeds of Crime Act 2002 is not a sentence for the purposes of this Act (see section 215G of that Act for rights of appeal in relation to such a determination).

(6) A compliance order made under section 163A of the Proceeds of Crime Act 2002 is not a sentence for the purposes of this Act (see section 215H of that Act for rights of appeal in relation to such an order).”

Commencement Information

I506 Sch. 22 para. 28 not in force at Royal Assent, see s. 255(8)(m)

Part 11 N.I. Consequential and related amendments

Constitutional Reform Act 2005 (c. 4) N.I.

29 In the Constitutional Reform Act 2005, in Schedule 9 (amendments relating to jurisdiction of the Supreme Court), omit paragraph 77(6) and (7).

Commencement Information

I507 Sch. 22 para. 29 not in force at Royal Assent, see s. 255(8)(m)

Serious Crime Act 2007 (c. 27) N.I.

30 In the Serious Crime Act 2007, in Schedule 8 (abolition of Assets Recovery Agency and its Director)—

(a) omit paragraph 38;

(b) omit paragraphs 50 and 51;

(c) omit paragraph 65.

Commencement Information

I508 Sch. 22 para. 30 not in force at Royal Assent, see s. 255(8)(m)

Serious Crime Act 2015 (c. 9) N.I.

31 The Serious Crime Act 2015 is amended as follows.

Commencement Information

I509 Sch. 22 para. 31 not in force at Royal Assent, see s. 255(8)(m)

32 Omit section 26 (appeals in relation to confiscation orders).

Commencement Information

I510 Sch. 22 para. 32 not in force at Royal Assent, see s. 255(8)(m)

33 In Schedule 4 (minor and consequential amendments), omit paragraph 48.

Commencement Information

I511 Sch. 22 para. 33 not in force at Royal Assent, see s. 255(8)(m)

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c.2 (N.I.)) N.I.

34 The Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 is amended as follows.

Commencement Information

I512 Sch. 22 para. 34 not in force at Royal Assent, see s. 255(8)(m)

35 In paragraph 3 of Schedule 2 (slavery and trafficking reparation orders)—

(a) in sub-paragraph (6)—

(i) for “174” substitute “174A”;

(ii) after “court” insert “provisionally”;

(b) in sub-paragraph (8), for “181” substitute “215E(1) or (2) or 215G(1)”;

(c) in sub-paragraph (9), for “183” substitute “215E(5) or 215G(5)”.

Commencement Information

I513 Sch. 22 para. 35 not in force at Royal Assent, see s. 255(8)(m)

36 In Schedule 4 (minor and consequential amendments) omit paragraphs 13 to 15.

Commencement Information

I514 Sch. 22 para. 36 not in force at Royal Assent, see s. 255(8)(m)

Criminal Finances Act 2017 (c. 22) N.I.

37 In section 32 of the Criminal Finances Act 2017 (reconsideration of discharged orders), omit subsections (5) and (6).

Commencement Information

I515 Sch. 22 para. 37 not in force at Royal Assent, see s. 255(8)(m)

Prospective

Section 189(3)

Schedule 23 S Confiscation orders: Scotland

Cases in which accused has a criminal lifestyle S

1 (1) In section 142 of the Proceeds of Crime Act 2002 (criminal lifestyle), in subsection (2)—

(a) after “benefited”, in the first place it occurs, insert “, or intended to benefit,”;

(b) in paragraph (a)—

(i) for “three”, in both places it occurs, substitute “two”;

(ii) after “benefited” insert “or intended to benefit”;

(c) in paragraph (b), after “benefited” insert “or intended to benefit”.

(2) The amendments made by sub-paragraph (1)(a), (b)(ii) and (c) do not apply in relation to conduct that took place wholly or partly before the date on which those provisions come into force.

Commencement Information

I516 Sch. 23 para. 1 not in force at Royal Assent, see s. 255(1)(10)(f)

Compensation directions S

2 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) After section 107 insert—

“107A Increased available amount: compensation directions

(1) This section applies where under section 107(3) a court varies a confiscation order so as to increase the amount required to be paid under the order.

(2) The court may make a supplementary compensation direction if—

(a) a compensation order has been made against the accused in respect of the offence (or any of the offences) concerned, and

(b) at the time the compensation order was made, the amount of the compensatable loss that had been sustained by the person in whose favour it was made was greater than the amount required to be paid by the compensation order.

(3) A supplementary compensation direction is a direction that so much of the amount recovered under the confiscation order as the court considers appropriate is to be paid to the person in whose favour the compensation order was made.

(4) That amount must not exceed the difference between—

(a) the amount of the compensatable loss that had been sustained by the person at the time the compensation order was made, and

(b) the amount required to be paid to the person by the compensation order,

or so much of that difference as remains unpaid.

(5) If the amount mentioned in subsection (4)(a) exceeds any applicable maximum amount, subsection (4) applies as if the amount in subsection (4)(a) were the applicable maximum amount.

(6) The court may make a compensation direction if—

(a) at the time the confiscation order was made, a person was known to the court to have sustained compensatable loss as a result of the offence (or any of the offences) concerned, but

(b) a compensation order has not been made against the accused in respect of that compensatable loss.

(7) A compensation direction is a direction that so much of the amount recovered under the confiscation order as the court considers appropriate is to be paid to the person mentioned in subsection (6)(a).

(8) That amount must not exceed—

(a) the amount of the compensatable loss that had been sustained by the person as a result of the offence (or any of the offences) concerned at the time the confiscation order was made, or

(b) so much of that amount as remains unpaid.

(9) If the amount mentioned in subsection (8)(a) exceeds any applicable maximum amount, subsection (8) applies as if the amount in subsection (8)(a) were the applicable maximum amount.

(10) In this section—

• “applicable maximum amount” means the maximum amount of compensation (if any) that a compensation order made against the accused in respect of the offence (or offences) concerned could have required the accused to pay;

• “compensatable loss” means personal injury, loss or damage of a kind in respect of which a compensation order could have been made;

• “compensation order” means a compensation order under section 249 of the Procedure Act.”

(3) In section 131 (sums received by clerk of court) after subsection (6A) insert—

“(6B) If under section 107A (compensation directions) a direction was made for an amount to be paid to a person, the clerk of court must next apply the sums in payment of that amount.”

Commencement Information

I517 Sch. 23 para. 2 not in force at Royal Assent, see s. 255(1)(10)(f)

Section 193

Schedule 24 E+W Notification requirements for child cruelty offenders: child cruelty offences

Part 1 E+W Child cruelty offences

Offences against the Person Act 1861 (c.100) E+W

1 An offence under section 27 of the Offences against the Person Act 1861 (abandoning or exposing a child), if the offender—

(a) was 18 or over, and

(b) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.

Commencement Information

I518 Sch. 24 para. 1 in force at Royal Assent, see s. 255(2)(g)

Children and Young Persons Act 1933 (c.12) E+W

2 An offence under section 1 of the Children and Young Persons Act 1933 (child cruelty) if the offender—

(a) was 18 or over, or

(b) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.

Commencement Information

I519 Sch. 24 para. 2 in force at Royal Assent, see s. 255(2)(g)

Infanticide Act 1938 (c. 36) E+W

3 An offence under section 1 of the Infanticide Act 1938 (infanticide).

Commencement Information

I520 Sch. 24 para. 3 in force at Royal Assent, see s. 255(2)(g)

Female Genital Mutilation Act 2003 (c. 31) E+W

4 An offence under section 1 of the Female Genital Mutilation Act 2003 (female genital mutilation), if—

(a) the victim was under 18, and

(b) the offender—

(i) was 18 or over, or

(ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.

Commencement Information

I521 Sch. 24 para. 4 in force at Royal Assent, see s. 255(2)(g)

5 An offence under section 2 of that Act (assisting a girl to mutilate her own genitalia), if—

(a) the victim was under 18, and

(b) the offender—

(i) was 18 or over, or

(ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.

Commencement Information

I521 Sch. 24 para. 4 in force at Royal Assent, see s. 255(2)(g)

I522 Sch. 24 para. 5 in force at Royal Assent, see s. 255(2)(g)

6 An offence under section 3 of that Act (assisting a non-UK person to mutilate overseas a girl’s genitalia), if—

(a) the victim was under 18, and

(b) the offender—

(i) was 18 or over, or

(ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.

Commencement Information

I521 Sch. 24 para. 4 in force at Royal Assent, see s. 255(2)(g)

I523 Sch. 24 para. 6 in force at Royal Assent, see s. 255(2)(g)

Domestic Violence, Crime and Victims Act 2004 (c. 28) E+W

7 (1) An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 of causing or allowing a person’s death, if the victim was under 18.

(2) An offence under that section of causing or allowing a person to suffer serious physical harm, if—

(a) the victim was under 18, and

(b) the offender—

(i) was 18 or over, or

(ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.

Commencement Information

I524 Sch. 24 para. 7 in force at Royal Assent, see s. 255(2)(g)

Part 2 E+W Corresponding service offences

8 (1) An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence listed in Part 1 of this Schedule. E+W

(2) Section 48 of that Act (attempts, conspiracy, encouragement and assistance and aiding and abetting outside England and Wales) applies for the purposes of this paragraph as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to this paragraph.

Commencement Information

I525 Sch. 24 para. 8 in force at Royal Assent, see s. 255(2)(g)

Section 212

Schedule 25 U.K. Special police forces: barred persons lists and advisory lists

Part 1 U.K. Barred persons lists

Duty to maintain barred persons lists U.K.

1 (1) Each relevant policing authority must maintain a barred persons list.

(2) In this Schedule “relevant policing authority” means—

(a) the British Transport Police Authority;

(b) the Civil Nuclear Police Authority;

(c) the Director General of the National Crime Agency;

(d) the Secretary of State.

(3) Each barred persons list must include such information in relation to a person included in the list as is specified in regulations made by the Secretary of State.

Commencement Information

I526 Sch. 25 para. 1 not in force at Royal Assent, see s. 255(1)

I527 Sch. 25 para. 1(3) in force at 29.6.2026 for specified purposes by S.I. 2026/689, reg. 2(1)(z13)

Prospective

Inclusion of NCA officers and constables in barred persons lists U.K.

2 (1) The Director General of the National Crime Agency must include a person in the barred persons list maintained by them if—

(a) the person ceases to be an NCA officer by virtue of being dismissed at disciplinary proceedings, or

(b) the person is a former NCA officer and there is a finding in relation to the person in disciplinary proceedings that the person would have been dismissed if the person had still been an NCA officer.

(2) Each other relevant policing authority must include a person in the barred persons list maintained by them if—

(a) the person ceases to be a constable of the relevant police force by virtue of being dismissed at disciplinary proceedings, or

(b) the person is a former constable of the relevant police force and there is a finding in relation to the person in disciplinary proceedings that the person would have been dismissed if the person had still been a constable of the relevant police force.

(3) “Relevant police force” means—

(a) in relation to the British Transport Police Authority, the British Transport Police Force;

(b) in relation to the Civil Nuclear Police Authority, the Civil Nuclear Constabulary;

(c) in relation to the Secretary of State, the Ministry of Defence Police.

Commencement Information

I528 Sch. 25 para. 2 not in force at Royal Assent, see s. 255(1)

Prospective

Inclusion of civilian employees in barred persons lists U.K.

3 (1) This paragraph applies to—

(a) the Civil Nuclear Police Authority;

(b) the British Transport Police Authority.

(2) Each relevant policing authority to which this paragraph applies must include a person in the barred persons list maintained by them if—

(a) the person ceases to be a civilian employee of the authority by virtue of being dismissed and the reason, or one of the reasons, for the dismissal relates to conduct, efficiency or effectiveness, or

(b) the person is a former civilian employee of the authority and there is a finding in relation to the person in disciplinary proceedings that, if the person had still been such an employee, the person would have been dismissed as mentioned in paragraph (a).

(3) In this Schedule “civilian employee”—

(a) in relation to the Civil Nuclear Police Authority, means an employee of the Authority who is not a constable;

(b) in relation to the British Transport Police Authority, means a person employed by the Authority under section 27 of the Railways and Transport Safety Act 2003 who is—

(i) under the direction and control of the Chief Constable of the British Transport Police Force, or

(ii) designated as a community support officer or policing support officer by virtue of section 28(1)(a) of that Act.

(4) For the purposes of this paragraph a person is dismissed if the circumstances in which the person ceases to be a civilian employee amount to dismissal within the meaning of Part 10 of the Employment Rights Act 1996 (see section 95 of that Act).

Commencement Information

I529 Sch. 25 para. 3 not in force at Royal Assent, see s. 255(1)

Prospective

Removal of NCA officers and constables from barred persons lists U.K.

4 (1) This paragraph applies where—

(a) a person included in a barred persons list by virtue of paragraph 2(1)(a) is reinstated as an NCA officer,

(b) a person included in a barred persons list by virtue of paragraph 2(2)(a) is reinstated as a constable of the relevant police force, or

(c) in relation to a person included in a barred persons list by virtue of paragraph 2(1)(b) or (2)(b), the finding that the person would have been dismissed is set aside.

(2) The relevant policing authority must remove the person from the barred persons list.

Commencement Information

I530 Sch. 25 para. 4 not in force at Royal Assent, see s. 255(1)

Removal of civilian employees from barred persons lists U.K.

5 (1) This paragraph applies where—

(a) the dismissal of a person included in a barred persons list by virtue of paragraph 3(2)(a) is found to have been an unfair dismissal following a complaint under section 111 of the Employment Rights Act 1996 (whether by an employment tribunal or on appeal), or

(b) the finding that a person included in a barred persons list by virtue of paragraph 3(2)(b) would have been dismissed is set aside at proceedings that are identified as appeal proceedings by regulations made by the Secretary of State.

(2) The relevant policing authority must remove the person from the barred persons list maintained by the authority.

Commencement Information

I531 Sch. 25 para. 5 not in force at Royal Assent, see s. 255(1)

I532 Sch. 25 para. 5(1)(b) in force at 29.6.2026 for specified purposes by S.I. 2026/689, reg. 2(1)(z13)

Removal from barred lists: further provision U.K.

6 The Secretary of State may by regulations make provision in connection with the removal of persons from barred persons lists otherwise than under paragraph 4 or 5.

Commencement Information

I533 Sch. 25 para. 6 not in force at Royal Assent, see s. 255(1)

I534 Sch. 25 para. 6 in force at 29.6.2026 for specified purposes by S.I. 2026/689, reg. 2(1)(z13)

Publication of information in barred persons lists U.K.

7 (1) This paragraph applies to—

(a) the British Transport Police Authority;

(b) the Civil Nuclear Police Authority;

(c) the Secretary of State.

(2) The Secretary of State may by regulations require a relevant policing authority to which this paragraph applies to publish information about persons included in the barred persons list maintained by the authority.

(3) The regulations may in particular make provision about—

(a) the persons included in the barred persons list about whom information is to be published;

(b) the information which is to be published;

(c) when the information is to be published;

(d) the period for which the information is to remain published;

(e) how the information is to be published.

Commencement Information

I535 Sch. 25 para. 7 not in force at Royal Assent, see s. 255(1)

I536 Sch. 25 para. 7(2)(3) in force at 29.6.2026 for specified purposes by S.I. 2026/689, reg. 2(1)(z13)

Prospective

Power to disclose information in barred persons list U.K.

8 A relevant policing authority may, if it considers it to be in the public interest to do so, disclose to any person information included in its barred persons list which relates to a particular person who is included in that list.

Commencement Information

I537 Sch. 25 para. 8 not in force at Royal Assent, see s. 255(1)

Part 2 U.K. Advisory lists

Duty to maintain advisory lists U.K.

9 (1) Each relevant policing authority must maintain an advisory list.

(2) An advisory list must include such information in relation to a person as is specified in regulations made by the Secretary of State.

Commencement Information

I538 Sch. 25 para. 9 not in force at Royal Assent, see s. 255(1)

I539 Sch. 25 para. 9(2) in force at 29.6.2026 for specified purposes by S.I. 2026/689, reg. 2(1)(z13)

Prospective

Inclusion of persons in advisory lists U.K.

10 (1) The Director General of the National Crime Agency must include a person in the advisory list maintained by them if—

(a) the person ceases to be an NCA officer by resigning or retiring, and

(b) Condition 1 or Condition 2 is met in relation to the person.

(2) Each other relevant policing authority must include a person in the advisory list maintained by them if—

(a) the person ceases to be a constable of the relevant police force by resigning or retiring, and

(b) Condition 1 or Condition 2 is met in relation to the person.

(3) The Civil Nuclear Police Authority and the British Transport Police Authority must also include a person in the advisory list maintained by them if—

(a) the person ceases to be a civilian employee of the authority by resigning or retiring, and

(b) Condition 1 is met in relation to the person.

(4) Condition 1 is that the resignation or retirement took place—

(a) after a relevant allegation about the person came to the attention of the relevant policing authority, but

(b) before disciplinary proceedings in respect of the allegation were brought or, if brought, before they concluded.

(5) But Condition 1 is not met if, before the person resigned or retired, it was determined that no disciplinary proceedings would be brought against the person in respect of the allegation.

(6) Condition 2 is that a relevant allegation about the person came to the attention of the relevant policing authority after the person resigned or retired.

(7) For the purposes of this paragraph an allegation about a person is a relevant allegation if—

(a) it relates to the conduct, efficiency or effectiveness of the person, and

(b) the allegation (if proved) is of a type that might have resulted in the person being dismissed if the person had not resigned or retired.

Commencement Information

I540 Sch. 25 para. 10 not in force at Royal Assent, see s. 255(1)

Removal from advisory list U.K.

11 (1) A relevant policing authority must remove a person from the advisory list maintained by the authority if—

(a) it is determined that no disciplinary proceedings will be brought against the person,

(b) disciplinary proceedings brought against the person are withdrawn, or

(c) disciplinary proceedings brought against the person are concluded without there being a finding that the person would have been dismissed if the person had not resigned or retired.

(2) A relevant policing authority must remove a person from the advisory list maintained by the authority if the person is included in the barred persons list maintained by the authority.

(3) The Secretary of State may by regulations make provision in connection with removals from an advisory list otherwise than under sub-paragraph (1) or (2).

Commencement Information

I541 Sch. 25 para. 11 not in force at Royal Assent, see s. 255(1)

I542 Sch. 25 para. 11(3) in force at 29.6.2026 for specified purposes by S.I. 2026/689, reg. 2(1)(z13)

Prospective

Power to disclose information in advisory list U.K.

12 A relevant policing authority may, if it considers it to be in the public interest to do so, disclose to any person information included in the advisory list maintained by the authority which relates to a particular person who is included in that advisory list.

Commencement Information

I543 Sch. 25 para. 12 not in force at Royal Assent, see s. 255(1)

Part 3 U.K. Supplementary provision

Meaning of “disciplinary proceedings” U.K.

13 In this Schedule “disciplinary proceedings”—

(a) in relation to an officer or former officer of the National Crime Agency, means any proceedings or process relating to the person’s conduct and any action to be taken as a result of that conduct;

(b) in relation to a constable or former constable of the British Transport Police Force, means proceedings under regulations made under section 36, 37, 40 or 42 of the Railways and Transport Safety Act 2003 which apply, or deal with matters that could be dealt with by, regulations under section 50(3) or (3A) or section 51(2A) or (2B) of the Police Act 1996;

(c) in relation to a constable or former constable of the Civil Nuclear Constabulary, means proceedings under provision relating to matters which are the subject of regulations under section 50(3) or (3A) of the Police Act 1996;

(d) in relation to a constable or former constable of the Ministry of Defence Police, means proceedings under regulations made under section 3A(1A) or (1B) of the Ministry of Defence Police Act 1987;

(e) in relation to a civilian employee of the British Transport Police Authority or the Civil Nuclear Police Authority, has the meaning given by regulations made by the Secretary of State.

Commencement Information

I544 Sch. 25 para. 13 not in force at Royal Assent, see s. 255(1)

I545 Sch. 25 para. 13(e) in force at 29.6.2026 for specified purposes by S.I. 2026/689, reg. 2(1)(z13)

Prospective

Interpretation: general U.K.

14 In this Schedule—

• “advisory list” means a list maintained by a relevant policing authority under paragraph 9(1);

• “barred persons list” means a list maintained by a relevant policing authority under paragraph 1(1);

• “civilian employee” has the meaning given by paragraph 3(3);

• “NCA officer” has the meaning given in section 16(1) of the Crime and Courts Act 2013;

• “relevant police force” has the meaning given by paragraph 2(3);

• “relevant policing authority” has the meaning given by paragraph 1(2).

Commencement Information

I546 Sch. 25 para. 14 not in force at Royal Assent, see s. 255(1)

Prospective

Regulations U.K.

15 (1) The Secretary of State must consult the Scottish Ministers before making regulations under this Schedule containing provision which would be within the legislative competence of the Scottish Parliament, if contained in an Act of that Parliament.

(2) The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under this Schedule containing provision which—

(a) would be within the legislative competence of the Northern Ireland Assembly, if it were contained in an Act of that Assembly, and

(b) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

Commencement Information

I547 Sch. 25 para. 15 not in force at Royal Assent, see s. 255(1)

Prospective

Section 234(1)

Schedule 26 U.K. Notification orders

1 U.K. The Counter-Terrorism Act 2008 is amended as follows.

Commencement Information

I548 Sch. 26 para. 1 not in force at Royal Assent, see s. 255(1)

2 (1) Section 40 (overview) is amended as follows. U.K.

(2) In subsection (2) after paragraph (a) insert—

“(aa) orders applying the notification requirements to persons dealt with in the United Kingdom for certain offences to which this Part does not apply (see section 57A and Schedule 4A),”.

(3) After subsection (3) insert—

“(4) Schedule 6A provides for orders applying the notification requirements to persons dealt with for certain service offences to which this Part does not apply.”

Commencement Information

I549 Sch. 26 para. 2 not in force at Royal Assent, see s. 255(1)

3 U.K. In section 57, in the heading for “Notification” substitute “Foreign offence notification”.

Commencement Information

I550 Sch. 26 para. 3 not in force at Royal Assent, see s. 255(1)

4 U.K. After that section insert—

“57A Domestic offence notification orders

Schedule 4A makes provision for notification orders applying the notification requirements of this Part to persons who have been dealt with for certain offences that are not offences to which this Part applies.”

Commencement Information

I551 Sch. 26 para. 4 not in force at Royal Assent, see s. 255(1)

5 (1) Section 59 (application to service offences) is amended as follows. U.K.

(2) The existing provision becomes subsection (1) of that section.

(3) After that subsection insert—

“(2) Schedule 6A makes provision for notification orders applying the notification requirements of this Part to persons who have been dealt with for certain service offences that are not offences to which this Part applies.”

Commencement Information

I552 Sch. 26 para. 5 not in force at Royal Assent, see s. 255(1)

6 (1) Section 61 (meaning of “dealt with” for an offence) is amended as follows. U.K.

(2) In subsection (4)(b)—

(a) for “or” substitute “, paragraph 2(6)(b) of Schedule 4A,”;

(b) after “Schedule 6” insert “or paragraph 2(6)(b) of Schedule 6A”.

(3) In subsection (5), at the end of paragraph (a) (before the “and”) insert—

“(aa) paragraph 2(5) of Schedule 4A or paragraph 2(5) of Schedule 6A (conditions for making domestic or service offence notification order where offence dealt with before commencement),”.

Commencement Information

I553 Sch. 26 para. 6 not in force at Royal Assent, see s. 255(1)

7 (1) Schedule 4 is amended as follows. U.K.

(2) In the Schedule heading for “Notification” substitute “Foreign offence notification”.

(3) For “notification order”, in each place it appears (including in any heading except the Schedule heading), substitute “foreign offence notification order”.

Commencement Information

I554 Sch. 26 para. 7 not in force at Royal Assent, see s. 255(1)

8 U.K. After Schedule 4 insert—

Section 57A

“Schedule 4A U.K. Domestic offence notification orders

Introductory

1 In this Schedule—

• “the appropriate court” means—

  (a)

  in England and Wales or Northern Ireland, the High Court;

  (b)

  in Scotland, the Court of Session;

• “authorised person” means the Secretary of State or—

  (a)

  in England and Wales, a chief officer of police;

  (b)

  in Scotland, the chief constable of the Police Service of Scotland;

  (c)

  in Northern Ireland, the chief constable of the Police Service of Northern Ireland;

• “offence”: any reference to an offence is to an offence under the law of England and Wales, Scotland or Northern Ireland (and does not include a service offence).

Domestic offence notification orders

2 (1) An authorised person may apply to the appropriate court for an order under this paragraph (a “domestic offence notification order”) in respect of a person (“the offender”).

(2) On the application, the court must make a domestic offence notification order in respect of the offender if it is satisfied that the following 4 conditions are met (and must otherwise refuse the application).

(3) The first condition is that the offender has been dealt with for an offence (“the relevant offence”) that—

(a) was committed before 29 June 2021,

(b) is punishable with imprisonment for more than 2 years, and

(c) is not an excluded offence.

(4) “Excluded offence” means—

(a) an offence to which this Part applied when the offender was dealt with (see sections 41 and 42),

(b) an offence in relation to which section 30 or 31 of this Act or section 69 of the Sentencing Code applied,

(c) an offence in relation to which section 31 of this Act would have applied if paragraph (b) of subsection (1) of that section were omitted, or

(d) an offence under section 19, 21A or 39 of the Terrorism Act 2000.

(5) If the offender was dealt with for the relevant offence before the commencement of this Part, sub-paragraph (4) applies as if for paragraph (a) there were substituted—

“(a) an offence which, on the commencement of this Part, was within section 41(1) or (2),”.

(6) The second condition is that—

(a) the offender has been dealt with for the relevant offence in a way mentioned in section 45 (reading any reference to an offence to which this Part applies as a reference to the relevant offence),

(b) the offender was aged 16 or over at the time of being dealt with for the relevant offence, and

(c) the offender—

(i) is imprisoned or detained in pursuance of the sentence passed or order made in respect of the offence,

(ii) would be so imprisoned or detained but for being unlawfully at large, absent without leave, on temporary leave or leave of absence, or on bail pending an appeal, or

(iii) is on licence, having served the custodial part of a sentence of imprisonment in respect of the offence.

(7) The third condition is that the relevant offence has a terrorist connection (see section 93).

(8) The fourth condition is that the period in respect of which the notification requirements would apply in respect of the relevant offence (see section 53) has not expired.

Restrictions on applications for domestic offence notification orders

3 (1) A chief officer of police may apply for a domestic offence notification order in respect of a person only if—

(a) the person resides in the chief officer’s police area, or

(b) the chief officer believes that the person is in, or is intending to come to, that area.

(2) The chief constable of the Police Service of Scotland may apply for a domestic offence notification order in respect of a person only if—

(a) the person resides in Scotland, or

(b) the chief constable believes that the person is in, or is intending to come to, Scotland.

(3) The chief constable of the Police Service of Northern Ireland may apply for a domestic offence notification order in respect of a person only if—

(a) the person resides in Northern Ireland, or

(b) the chief constable believes that the person is in, or is intending to come to, Northern Ireland.

Effect of domestic offence notification order

4 The effect of a domestic offence notification order is that the notification requirements of this Part apply to the offender.

Modifications of this Part

5 (1) The following modifications apply where a domestic offence notification order is made.

(2) Section 43(1) does not apply to the offender, as regards the relevant offence.

(3) Section 47(1) (initial notification) applies as if the reference to the day on which the person is dealt with were a reference to the date of service of the domestic offence notification order.

(4) For the purposes of section 53 (period for which notification requirements apply), references there to “the offence” are to the relevant offence.

(5) For the meaning of “the relevant offence”, see paragraph 2(3).”

Commencement Information

I555 Sch. 26 para. 8 not in force at Royal Assent, see s. 255(1)

9 U.K. After Schedule 6 insert—

Section 59(2)

“Schedule 6A U.K. Service offence notification orders

Introductory

1 In this Schedule—

• “the appropriate court” means—

  (a)

  in England and Wales or Northern Ireland, the High Court;

  (b)

  in Scotland, the Court of Session;

• “authorised person” means the Secretary of State or—

  (a)

  in England and Wales, a chief officer of police;

  (b)

  in Scotland, the chief constable of the Police Service of Scotland;

  (c)

  in Northern Ireland, the chief constable of the Police Service of Northern Ireland.

Service offence notification orders

2 (1) An authorised person may apply to the appropriate court for an order under this paragraph (a “service offence notification order”) in respect of a person (“the offender”).

(2) On the application, the court must make a service offence notification order in respect of the offender if it is satisfied that the following 4 conditions are met (and must otherwise refuse the application).

(3) The first condition is that the offender has been dealt with for a service offence (“the relevant offence”) that—

(a) is punishable with imprisonment for more than 2 years,

(b) is not an excluded offence, and

(c) if a day has been appointed for the commencement of section 1 of the Counter-Terrorism and Sentencing Act 2021 as that section has effect for the purposes of section 69 of the Sentencing Code as applied by section 238 of the Armed Forces Act 2006, is committed before that day.

(4) In sub-paragraph (3)(b) “excluded offence” means—

(a) a service offence to which this Part applied when the offender was dealt with (see paragraphs 1 and 2 of Schedule 6),

(b) a service offence in relation to which section 32 of this Act or section 69 of the Sentencing Code applied, or

(c) a service offence as respects which the corresponding civil offence is an offence under section 19, 21A or 39 of the Terrorism Act 2000.

(5) If the offender was dealt with for the relevant offence before the commencement of this Part, sub-paragraph (4) applies as if for paragraph (a) there were substituted—

“(a) a service offence as respects which the corresponding civil offence was on the commencement of this Part within section 41(1) or (2),”.

(6) The second condition is that—

(a) the offender has been dealt with for the relevant offence in a way mentioned in paragraph 5 of Schedule 6 (reading any reference to a service offence to which this Part applies as a reference to the relevant offence),

(b) the offender was aged 16 or over at the time of being dealt with for the relevant offence, and

(c) the offender—

(i) is imprisoned or detained in pursuance of the sentence passed or order made in respect of the offence,

(ii) would be so imprisoned or detained but for being unlawfully at large, absent without leave, on temporary leave or leave of absence, or on bail pending an appeal, or

(iii) is on licence, having served the custodial part of a sentence of imprisonment in respect of the offence.

(7) The third condition is that the relevant offence has a terrorist connection (see section 93).

(8) The fourth condition is that the period in respect of which the notification requirements would apply in respect of the relevant offence (see paragraph 7 of Schedule 6) has not expired.

Restrictions on applications for service offence notification orders

3 (1) A chief officer of police may apply for a service offence notification order in respect of a person only if—

(a) the person resides in the chief officer’s police area, or

(b) the chief officer believes that the person is in, or is intending to come to, that area.

(2) The chief constable of the Police Service of Scotland may apply for a service offence notification order in respect of a person only if—

(a) the person resides in Scotland, or

(b) the chief constable believes that the person is in, or is intending to come to, Scotland.

(3) The chief constable of the Police Service of Northern Ireland may apply for a service offence notification order in respect of a person only if—

(a) the person resides in Northern Ireland, or

(b) the chief constable believes that the person is in, or is intending to come to, Northern Ireland.

Effect of service offence notification order

4 The effect of a service offence notification order is that the notification requirements of this Part apply to the offender.

Modifications of this Part

5 (1) The following modifications apply where a service offence notification order is made.

(2) Section 47(1) (initial notification) applies as if the reference to the day on which the person is dealt with were a reference to the date of service of the service offence notification order.

(3) Paragraph 3(1) of Schedule 6 does not apply to the offender, as regards the relevant offence.

(4) For the purposes of paragraph 7 of that Schedule (period for which notification requirements apply), references there to “the service offence” or “the offence” are to the relevant offence.

(5) For the meaning of “the relevant offence”, see paragraph 2(3).”

Commencement Information

I556 Sch. 26 para. 9 not in force at Royal Assent, see s. 255(1)

Section 235

Schedule 27 U.K. Sentences for offence of breaching foreign travel restriction order

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9) S

1 In Schedule 1A to the Prisoners and Criminal Proceedings (Scotland) Act 1993 (offences with restricted eligibility for release on licence), in paragraph 8 for the words from “section 54” to the end substitute “any of the following provisions of the Counter-Terrorism Act 2008—

(a) section 54 (breach of police notification requirements etc);

(b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order).”

Commencement Information

I557 Sch. 27 para. 1 in force at 29.6.2026, see s. 255(3)(l)

Criminal Procedure (Scotland) Act 1995 (c. 46) S

2 (1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(2) In section 205ZC (terrorism sentence with fixed licence period), after subsection (8) insert—

“(9) In the case of an offence specified in paragraph 4(b) of Schedule 5ZB (breach of foreign travel restriction order), this section applies in relation to convictions on or after the day on which paragraph 2 of Schedule 27 to the Crime and Policing Act 2026 comes into force.”

(3) In paragraph 4 of Schedule 5ZB (list of terrorism offences) for the words from “section 54” to the end substitute “any of the following provisions of the Counter-Terrorism Act 2008—

(a) section 54 (breach of police notification requirements etc);

(b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order).”

Commencement Information

I558 Sch. 27 para. 2 in force at 29.6.2026, see s. 255(3)(l)

Criminal Justice Act 2003 (c.44) E+W

3 (1) The Criminal Justice Act 2003 is amended as follows.

(2) In section 247A (restricted eligibility for release on licence) after subsection (10A) insert—

“(10B) In the case of a prisoner to whom this section applies as a result of the amendments made by paragraph 3 of Schedule 27 to the Crime and Policing Act 2026, the references in subsections (9) and (10) to the date on which this section comes into force are to be read as references to the date on which that paragraph comes into force.”

(3) In paragraph 8 of Schedule 19ZA (offences to which section 247A applies) for the words from “section 54” to the end substitute “any of the following provisions of the Counter-Terrorism Act 2008—

(a) section 54 (breach of police notification requirements etc);

(b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order).”

Commencement Information

I559 Sch. 27 para. 3 in force at 29.6.2026, see s. 255(3)(l)

Counter-Terrorism Act 2008 (c. 28) U.K.

4 In Schedule 1A to the Counter-Terrorism Act 2008 (offences where terrorism connection not required to be considered), in paragraph 4—

(a) the existing text becomes sub-paragraph (1);

(b) after that sub-paragraph insert—

“(2) An offence under paragraph 15 of Schedule 5 to that Act (breach of foreign travel restriction order) of which a person is convicted on or after the day on which paragraph 4 of Schedule 27 to the Crime and Policing Act 2026 comes into force.”

Commencement Information

I560 Sch. 27 para. 4 in force at 29.6.2026, see s. 255(3)(l)

Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) N.I.

5 (1) The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) is amended as follows.

(2) In Article 15A (terrorism sentence with fixed licence period) after paragraph (10) insert—

“(11) In the case of an offence listed in paragraph 32(b) of Schedule 2A, this Article applies in relation to convictions on or after the day on which paragraph 5 of Schedule 27 to the Crime and Policing Act 2026 comes into force.”

(3) In Article 20A (restricted eligibility for release on licence of terrorist prisoners) after paragraph (10) insert—

“(11) In the case of a prisoner to whom this Article applies as a result of the amendments made by paragraph 5 of Schedule 27 to the Crime and Policing Act 2026, the reference in paragraph (10) to the commencement date is to be read as a reference to the date on which that paragraph comes into force.”

(4) In paragraph 32 of Schedule 2A (terrorism offences specified for purposes of Articles 15A and 20A) for the words from “section 54” to the end substitute “any of the following provisions of the Counter-Terrorism Act 2008—

(a) section 54 (breach of police notification requirements etc);

(b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order).”

Commencement Information

I561 Sch. 27 para. 5 in force at 29.6.2026, see s. 255(3)(l)

Sentencing Code E+W

6 (1) The Sentencing Code is amended as follows.

(2) In section 252A (special sentence for offenders of particular concern) after subsection (6) insert—

“(7) In the case of an offence listed in paragraph 4(b) of Schedule 13, this section applies in relation to convictions on or after the day on which paragraph 6 of Schedule 27 to the Crime and Policing Act 2026 comes into force.”

(3) In section 265 (special sentence for offenders of particular concern) after subsection (4) insert—

“(5) In the case of an offence listed in paragraph 4(b) of Schedule 13, this section applies in relation to convictions on or after the day on which paragraph 6 of Schedule 27 to the Crime and Policing Act 2026 comes into force.”

(4) In section 278 (special sentence for offenders of particular concern) after subsection (4) insert—

“(5) In the case of an offence listed in paragraph 4(b) of Schedule 13, this section applies in relation to convictions on or after the day on which paragraph 6 of Schedule 27 to the Crime and Policing Act 2026 comes into force.”

(5) In paragraph 4 of Schedule A1 (terrorist connection aggravating factor - offences where terrorism connection not required to be considered)—

(a) the existing text becomes sub-paragraph (1);

(b) after that sub-paragraph insert—

“(2) An offence under paragraph 15 of Schedule 5 to that Act (breach of foreign travel restriction order) of which a person is convicted on or after the day on which paragraph 6 of Schedule 27 to the Crime and Policing Act 2026 comes into force.”

(6) In paragraph 4 of Schedule 13 (offences attracting special sentence for offenders of particular concern), for the words from “section 54” to the end substitute “any of the following provisions of the Counter-Terrorism Act 2008—

(a) section 54 (breach of police notification requirements etc);

(b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order).”

Commencement Information

I562 Sch. 27 para. 6 in force at 29.6.2026, see s. 255(3)(l)