2023 No. 641 (C. 33)

Criminal Law

The Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 2 and Transitional and Saving Provisions) (England and Wales) Regulations 2023

Made

The Secretary of State makes these Regulations in exercise of the powers conferred by section 208(1) and (6) of the Police, Crime, Sentencing and Courts Act 20221.

Citation, interpretation and extent1

1

These Regulations may be cited as the Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 2 and Transitional and Saving Provisions) (England and Wales) Regulations 2023.

2

In these Regulations “the 2022 Act” means the Police, Crime, Sentencing and Courts Act 2022.

3

These Regulations extend to England and Wales.

Provisions coming into force on 13th June 20232

The following provisions of the 2022 Act come into force on 13th June 2023—

a

section 194 (Disregard of certain convictions or cautions);

b

section 195 (Pardons for certain convictions or cautions).

Transitional and saving provisions3

The amendments made by section 194 of the 2022 Act to sections 92, 93, 94, 99, 100 and 101 of the Protection of Freedoms Act 20122 do not apply to an application to disregard a conviction or caution which has been received by the Secretary of State on the day before section 194 of the 2022 Act came into force.

Sarah DinesParliamentary Under-Secretary of StateHome Office
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force sections 194 and 195 of the Police, Crime, Sentencing and Courts Act 2022 (c. 32).

The first provision commenced in regulation 2 extends the scope of the disregard scheme in Chapter 4, Part 5 of the Protection of Freedoms Act 2012 (c. 9) to include any offence that was used to criminalise same-sex sexual activity which has since been repealed or abolished by enactment. The second provision commenced in regulation 2 achieves the same effect in relation to posthumous pardons for certain convictions and pardons in sections 164 to 169 of the Policing and Crime Act 2017 (c. 3).

Regulation 3 provides that the amendments made by section 194 of the Police, Crime, Sentencing and Courts Act 2022 do not apply to the sections relevant to an application to disregard a conviction or caution under Chapter 4, Part 5 of the Protection of Freedoms Act 2012 where that application was received by the Secretary of State before the date on which section 194 came into force.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Police, Crime, Sentencing and Courts Act 2022 have been brought into force by commencement regulations made before the date of these Regulations.

Provision

Date of Commencement

S.I. No.

section 1

28th June 2022

2022/520

section 4 (remainder)

28th June 2022

2022/520

sections 5 to 7

26th October 2022

2022/1075

sections 8 to 12 (remainder)

31st January 2023

2022/1227

section 14 (remainder)

31st January 2023

2022/1227

sections 15 to 18

31st January 2023

2022/1227

sections 19 to 20 (remainder)

31st January 2023

2022/1227

section 21

31st January 2023

2022/1227

section 24 (partially)

1st April 2023

2023/227

sections 26 to 30 (partially)

1st April 2023

2023/227

sections 32 and 33 (partially)

1st April 2023

2023/227

sections 37 to 41

8th November 2022

2022/1075

section 42(1) to (7)

12th May 2022

2022/520

section 42(8) to (12)

8th November 2022

2022/1075

sections 43 and 44

8th November 2022

2022/1075

section 45 (partially)

26th October 2022

2022/1075

section 45 (remainder)

28th October 2022

2022/1075

section 46

28th June 2022

2022/520

sections 48 and 49

28th June 2022

2022/520

sections 55 to 57

28th June 2022

2022/520

sections 60 and 61

7th March 2023

2023/227

sections 62 to 70

1st August 2022

2022/520

sections 73 to 79

28th June 2022

2022/5203

section 80

12th May 2022

2022/520

section 82 (remainder)

28th June 2022

2022/520

section 89

26th October 2022

2022/1075

section 90 (remainder)

28th June 2022

2022/520

sections 91 to 96

30th November 2022

2022/1187

section 97

30th November 2022

2022/1187

section 116

24th May 2023

2023/573

section 129

28th June 2022

2022/520

sections 133 and 134

28th June 2022

2022/520

sections 136 and 137

28th June 2022

2022/520

section 139

28th June 2022

2022/520

section 152

28th June 2022

2022/520

sections 155 and 156

28th June 2022

2022/520

section 165(1) to (3)

19th April 2023

2023/387

section 167 (remainder)

28th June 2022

2022/520

sections 168 to 171

29th November 2022

2022/1227

section 172(1) to (4)

28th June 2022

2022/520

section 172(5)(a) to (h)

29th November 2022

2022/1227

section 172(5)(i) to (k)

31st March 2023

2023/387

section 172(6) to (10)

29th November 2022

2022/1227

section 172(11)

28th June 2022

2022/520

sections 173 to 176

29th November 2022

2022/1227

section 177(1) to (6)

29th November 2022

2022/1227

section 177 (7)

31st March 2023

2023/387

section 179

29th November 2022

2022/1227

sections 180 to 183

31st March 2023

2023/387

section 190 (remainder)

29th June 2022

2022/520

section 192

29th June 2022

2022/520

section 201(2) (partially)

28th June 2022

2022/740

Schedule 1 (remainder)

31st January 2023

2022/1227

Schedule 2 (remainder)

31st January 2023

2022/1227

Schedule 3

8th November 2022

2022/1075

Schedule 4 (partially)

26th October 2022

2022/1075

Schedule 4 (remainder)

28th October 2022

2022/1075

Schedule 6 and 7

28th June 2022

2022/520

Schedule 9 and 10

30th November 2022

2022/1187

Schedule 13

28th June 2022

2022/520

Schedule 18 (Parts 1 and 2)

31st March 2023

2023/387

Part 3 of Schedule 18 (partially)

31st March 2023

2023/387