Legalize / United Kingdom / Public General Act

Criminal Justice and Immigration Act 2008

Type Public General Act

Publication 2008-05-08

Last updated 2026-01-16

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(5A) In a householder case, the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was grossly disproportionate in those circumstances.

(6) In a case other than a householder case, the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was disproportionate in those circumstances.

(6A) In deciding the question mentioned in subsection (3), a possibility that D could have retreated is to be considered (so far as relevant) as a factor to be taken into account, rather than as giving rise to a duty to retreat.

(7) In deciding the question mentioned in subsection (3) the following considerations are to be taken into account (so far as relevant in the circumstances of the case)—

(a) that a person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action; and

(b) that evidence of a person's having only done what the person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that purpose.

(8) Subsections (6A) and (7) are not to be read as preventing other matters from being taken into account where they are relevant to deciding the question mentioned in subsection (3).

(8A) For the purposes of this section “a householder case” is a case where—

(a) the defence concerned is the common law defence of self-defence,

(b) the force concerned is force used by D while in or partly in a building, or part of a building, that is a dwelling or is forces accommodation (or is both),

(d) at that time D believed V to be in, or entering, the building or part as a trespasser.

(8B) Where—

(a) a part of a building is a dwelling where D dwells,

(b) another part of the building is a place of work for D or another person who dwells in the first part, and

that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is a dwelling.

(8C) Where—

(a) a part of a building is forces accommodation that is living or sleeping accommodation for D,

(b) another part of the building is a place of work for D or another person for whom the first part is living or sleeping accommodation, and

that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is forces accommodation.

(8D) Subsections (4) and (5) apply for the purposes of subsection (8A)(d) as they apply for the purposes of subsection (3).

(8E) The fact that a person derives title from a trespasser, or has the permission of a trespasser, does not prevent the person from being a trespasser for the purposes of subsection (8A).

(8F) In subsections (8A) to (8C)—

“building” includes a vehicle or vessel, and

“forces accommodation” means service living accommodation for the purposes of Part 3 of the Armed Forces Act 2006 by virtue of section 96(1)(a) or (b) of that Act.

(9) This section , except so far as making different provision for householder cases, is intended to clarify the operation of the existing defences mentioned in subsection (2).

(10) In this section—

(a) “legitimate purpose” means—

(i) the purpose of self-defence under the common law, or

(ia) the purpose of defence of property under the common law, or

(ii) the prevention of crime or effecting or assisting in the lawful arrest of persons mentioned in the provisions referred to in subsection (2)(b);

(b) references to self-defence include acting in defence of another person; and

Unlawfully obtaining etc. personal data

Power to alter penalty for unlawfully obtaining etc. personal data

77

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

New defence for purposes of journalism and other special purposes

78

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Blasphemy

Abolition of common law offences of blasphemy and blasphemous libel

79

(1) The offences of blasphemy and blasphemous libel under the common law of England and Wales are abolished.

(2) In section 1 of the Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8) (orders for seizure of copies of blasphemous or seditious libel) the words “any blasphemous libel, or” are omitted.

(3) In sections 3 and 4 of the Law of Libel Amendment Act 1888 (c. 64) (privileged matters) the words “blasphemous or” are omitted.

(4) Subsections (2) and (3) (and the related repeals in Schedule 28) extend to England and Wales only.

Part 6 — International co-operation in relation to criminal justice matters

Recognition of financial penalties: requests to other member States

Requests to other member States: England and Wales

80

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure on issue of certificate: England and Wales

81

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requests to other member States: Northern Ireland

82

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure on issue of certificate: Northern Ireland

83

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recognition of financial penalties: requests from other member States

Requests from other member States: England and Wales

84

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure on receipt of certificate by designated officer

85

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of Magistrates' Courts Act 1980

86

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requests from other member States: Northern Ireland

87

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure on receipt of certificate by clerk of petty sessions

88

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of Magistrates' Courts (Northern Ireland) Order 1981

89

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of certificates to central authority for Scotland

90

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recognition of financial penalties: miscellaneous

Recognition of financial penalties: general

91

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of sections 80 to 91 etc.

92

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Repatriation of prisoners

Delivery of prisoner to place abroad for purposes of transfer out of the United Kingdom

93

In section 2(1) of the Repatriation of Prisoners Act 1984 (c. 47) (transfer out of the UK), for subsection (1) substitute—

(1) The effect of a warrant under section 1 providing for the transfer of the prisoner out of the United Kingdom shall be to authorise— (a) the taking of the prisoner to any place in any part of the United Kingdom, his delivery at a place of departure from the United Kingdom into the custody of an appropriate person and his removal by that person from the United Kingdom to a place outside the United Kingdom; or (b) the taking of the prisoner to any place in any part of the United Kingdom, his removal from the United Kingdom and his delivery, at the place of arrival from the United Kingdom, into the custody of an appropriate person. (1A) In subsection (1) “appropriate person” means a person representing the appropriate authority of the country or territory to which the prisoner is to be transferred.

Issue of warrant transferring responsibility for detention and release of an offender to or from the relevant Minister

94

After section 4 of the Repatriation of Prisoners Act 1984 (transfer into the United Kingdom) insert—

(4A) (1) This section enables responsibility for the detention and release of a person to whom subsection (2) or (3) applies to be transferred between the relevant Minister in the United Kingdom and the appropriate authority in a country or territory outside the British Islands. (2) A person falls within this subsection if that person— (a) is a person to whom section 1(7) applies by virtue of— (i) an order made in the course of the exercise by a court or tribunal in any part of the United Kingdom of its criminal jurisdiction; or (ii) any of the provisions of this Act or any similar provisions of the law of any part of the United Kingdom; and (b) is present in a country or territory outside the British Islands. (3) A person falls within this subsection if that person— (a) is a person to whom section 1(7) applies by virtue of — (i) an order made in the course of the exercise by a court or tribunal in a country or territory outside the British Islands of its criminal jurisdiction; or (ii) any provisions of the law of such a country or territory which are similar to any of the provisions of this Act; and (b) is present in the United Kingdom. (4) Terms used in subsection (2)(a) and (3)(a) have the same meaning as in section 1(7). (5) Subject to the following provisions of this section, where— (a) the United Kingdom is a party to international arrangements providing for the transfer between the United Kingdom and a country or territory outside the British Islands of responsibility for the detention and release of persons to whom subsection (2) or (3) applies, (b) the relevant Minister and the appropriate authority of that country or territory have each agreed to the transfer under those arrangements of responsibility for the detention and release of a particular person to whom subsection (2) or (3) applies (in this Act referred to as “the relevant person”), and (c) in a case in which the terms of those arrangements provide for the transfer of responsibility to take place only with the relevant person's consent, that consent has been given, the relevant Minister shall issue a warrant providing for the transfer of responsibility for the detention and release of the relevant person from that Minister (where subsection (2) applies) or to that Minister (where subsection (3) applies). (6) The relevant Minister shall not issue a warrant under this section providing for the transfer of responsibility for the detention and release of a person to the relevant Minister unless— (a) that person is a British citizen; (b) the transfer appears to the relevant Minister to be appropriate having regard to any close ties which that person has with the United Kingdom. (7) The relevant Minister shall not issue a warrant under this section where, after the duty in subsection (5) has arisen, circumstances arise or are brought to his attention which in his opinion make it inappropriate that the transfer of responsibility should take place. (8) The relevant Minister shall not issue a warrant under this section (other than one superseding an earlier warrant) unless he is satisfied that all reasonable steps have been taken to inform the relevant person in writing in his own language— (a) of the substance, so far as relevant to the case, of the international arrangements in accordance with which it is proposed to transfer responsibility for his detention and release; (b) of the effect in relation to the relevant person of the warrant which it is proposed to issue under this section; (c) in the case of a person to whom subsection (2) applies, of the effect in relation to his case of so much of the law of the country or territory concerned as has effect with respect to transfers under those arrangements of responsibility for his detention and release; (d) in the case of a person to whom subsection (3) applies, of the effect in relation to his case of the law relating to his detention under that warrant and subsequent release (including the effect of any enactment or instrument under which he may be released earlier than provided for by the terms of the warrant); and (e) of the powers of the relevant Minister under section 6; and the relevant Minister shall not issue a warrant superseding an earlier warrant under this section unless the requirements of this subsection were fulfilled in relation to the earlier warrant. (9) A consent given for the purposes of subsection (5)(c) shall not be capable of being withdrawn after a warrant under this section has been issued in respect of the relevant person; and, accordingly, a purported withdrawal of that consent after that time shall not affect the validity of the warrant, or of any provision which by virtue of section 6 subsequently supersedes provisions of that warrant, or of any direction given in relation to the prisoner under section 4B(3). (10) In this section “relevant Minister” means— (a) the Scottish Ministers in a case where the person who is the subject of the proposed transfer of responsibility is— (i) a person to whom subsection (2) applies who is for the time being required to be detained at a place in Scotland; or (ii) a person to whom subsection (3) applies, if it is proposed that he will be detained at a place in Scotland; (b) the Secretary of State, in any other case. (4B) (1) The effect of a warrant under section 4A relating to a person to whom subsection (2) of that section applies shall be to transfer responsibility for the detention and release of that person from the relevant Minister (as defined in section 4A(10)) to the appropriate authority of the country or territory in which he is present. (2) Subject to subsections (3) to (6), the order by virtue of which the relevant person is required to be detained at the time such a warrant is issued in respect of him shall continue to have effect after the transfer of responsibility so as to apply to him if he comes to be in the United Kingdom at any time when under that order he is to be, or may be, detained. (3) If, at any time after the transfer of responsibility, it appears to the relevant Minister appropriate to do so in order that effect may be given to the international arrangements in accordance with which the transfer took place, the relevant Minister may give a direction— (a) varying the order referred to in subsection (2); or (b) providing for the order to cease to have effect. (4) In subsection (3) “relevant Minister” means— (a) the Scottish Ministers, where Scotland is the part of the United Kingdom in which the order referred to in subsection (2) has effect; and (b) the Secretary of State in any other case. (5) The power by direction under subsection (3) to vary the order referred to in subsection (2) includes power by direction— (a) to provide for how any period during which the detention and release of the relevant person is, by virtue of a warrant under section 4A, the responsibility of a country or territory outside the United Kingdom is to be treated for the purposes of the order; and (b) to provide for the relevant person to be treated as having been released or discharged as mentioned in any paragraph of section 2(4)(b). (6) Except in relation to any period during which a restriction order is in force in respect of the relevant person, subsection (2) shall not apply in relation to a hospital order; and, accordingly, a hospital order shall cease to have effect in relation to that person— (a) at the time of the transfer of responsibility, if no restriction order is in force in respect of him at that time; and (b) if at that time a restriction order is in force in respect of him, as soon after the transfer of responsibility as the restriction order ceases to have effect. (7) In subsection (6) “hospital order” and “restriction order” have the same meaning as in section 2(6). (8) References in this section to the order by virtue of which a person is required to be detained at the time a warrant under section 4A is issued in respect of him include references to any order by virtue of which he is required to be detained after the order by virtue of which he is required to be detained at that time ceases to have effect. (4C) (1) The effect of a warrant under section 4A relating to a person to whom subsection (3) of that section applies shall be to transfer responsibility for the detention and release of that person to the relevant Minister (as defined in section 4A(10)) and to authorise— (a) the taking of that person in custody to such place in any part of the United Kingdom as may be specified in the warrant, being a place at which effect may be given to the provisions contained in the warrant by virtue of paragraph (b); and (b) the detention of that person in any part of the United Kingdom in accordance with such provisions as may be contained in the warrant, being provisions appearing to the relevant Minister to be appropriate for giving effect to the international arrangements in accordance with which responsibility for that person is transferred. (2) A provision shall not be contained by virtue of subsection (1)(b) in a warrant under section 4A unless it satisfies the following two conditions, that is to say— (a) it is a provision with respect to the detention of a person in a prison, a hospital or any other institution; and (b) it is a provision which at the time the warrant is issued may be contained in an order made either— (i) in the course of the exercise of its criminal jurisdiction by a court in the part of the United Kingdom in which the person is to be detained; or (ii) otherwise than by a court but for the purpose of giving effect to an order made as mentioned in sub-paragraph (i). (3) Section 3(3) applies for determining for the purposes of paragraph (b) of subsection (1) above what provisions are appropriate for giving effect to the international arrangements mentioned in that paragraph in a relevant person's case as it applies for the purposes of section 3(1)(c) in the case of a prisoner who is to be transferred into the United Kingdom. (4) Subject to subsection (6) and Part 2 of the Schedule to this Act, a provision contained by virtue of subsection (1)(b) in a warrant under section 4A shall for all purposes have the same effect as the same provision contained in an order made as mentioned in sub-paragraph (i) or, as the case may be, sub-paragraph (ii) of subsection (2)(b). (5) A provision contained by virtue of subsection (1)(b) in a warrant under section 4A shall take effect with the delivery of the relevant person to the place specified in the warrant for the purposes of subsection (1)(a). (6) Subsection (4) shall not confer any right of appeal on the relevant person against provisions contained by virtue of subsection (1)(b) in a warrant under this section. (7) Part 2 of the Schedule to this Act shall have effect with respect to the operation of certain enactments in relation to provisions contained by virtue of subsection (1)(b) in a warrant under section 4A. (8) For the purposes of determining whether at any particular time any such order as is mentioned in subsection (2)(b) could have been made as so mentioned, there shall be disregarded both— (a) any requirement that certain conditions must be satisfied before the order is made; and (b) any restriction on the minimum period in respect of which the order may be made.

Powers to arrest and detain persons believed to fall within section 4A(3) of Repatriation of Prisoners Act 1984

95

After section 4C of the Repatriation of Prisoners Act 1984 (c. 47) (as inserted by section 94) insert—

(4D) (1) The Secretary of State or the Scottish Ministers may issue a certificate stating that the issuing authority— (a) considers that there are reasonable grounds for believing that a person in the United Kingdom is a person falling within section 4A(3), and (b) has requested written confirmation from the country or territory concerned of the details of that person's case. (2) The issuing authority may send the certificate (with any other documents appearing to the authority to be relevant) to the appropriate judge with a view to obtaining the issue of a warrant under subsection (3). (3) The appropriate judge may, on receiving the certificate, issue a warrant for the arrest of the person concerned if the judge is satisfied that there are reasonable grounds for believing that the person falls within section 4A(3). (4) The warrant may be executed anywhere in the United Kingdom by any designated person (and it is immaterial whether or not he is in possession of the warrant or a copy of it). (5) A person arrested under this section shall, as soon as is practicable— (a) be given a copy of the warrant for his arrest; and (b) be brought before the appropriate judge. (6) The appropriate judge may order that a person before him who is the subject of a certificate under this section is to be detained from the time the order is made until the end of the period of seven days beginning with the day after that on which the order is made. (7) The purpose of an order under subsection (6) is to secure the detention of the person concerned while— (a) written confirmation is obtained from a representative of the country or territory concerned of the details of his case; (b) it is established whether he is a person falling within section 4A(3); and (c) any application for an order under section 4E(6) is made in respect of him. (8) Subject to subsection (9), a person detained under such an order may be released at any time during the period mentioned in subsection (6) and shall be released at the end of that period (if not released sooner). (9) Subsection (8) ceases to apply to the detained person if, during that period, an order under section 4E is made in respect of him. (10) It is immaterial for the purposes of subsection (6) whether or not the person concerned has previously been arrested under this section. (4E) (1) The Secretary of State or the Scottish Ministers may issue a certificate stating that the issuing authority— (a) considers that a person in the United Kingdom is a person falling within section 4A(3), and (b) has received written confirmation from a representative of the country or territory concerned of the details of that person's case; and it is immaterial for the purposes of this section whether or not the person concerned has been previously arrested or detained under section 4D. (2) The issuing authority may send the certificate (with a copy of the written confirmation mentioned in subsection (1)(b) and any other documents appearing to that authority to be relevant) to the appropriate judge with a view to obtaining the issue of a warrant under subsection (3). (3) The appropriate judge may, on receiving the certificate, issue a warrant for the arrest of the person concerned if the judge is satisfied that there are reasonable grounds for believing that the person falls within section 4A(3). (4) The warrant may be executed anywhere in the United Kingdom by any designated person (and it is immaterial whether or not that person is in possession of the warrant or a copy of it). (5) A person arrested under this section shall, as soon as is practicable— (a) be given a copy of the warrant for his arrest; and (b) be brought before the appropriate judge. (6) The appropriate judge may, on the application of the Secretary of State or the Scottish Ministers, order that a person before the judge who— (a) is the subject of a certificate under this section, and (b) the judge is satisfied is a person falling within section 4A(3), shall be detained from the time the order is made until the end of the period of fourteen days beginning with the day after that on which the order is made. (7) The purpose of an order under subsection (6) is to secure the detention of the person concerned until— (a) it is determined whether to issue a warrant under section 4A; and (b) if so determined, such a warrant is issued. (8) Subject to subsection (9), a person detained under such an order may be released at any time during the period mentioned in subsection (6) and shall be released at the end of that period (if not released sooner). (9) Subsection (8) ceases to apply to the detained person if, during that period, a warrant under section 4A is issued in respect of him. (10) It is immaterial for the purposes of subsection (6) whether or not the person concerned has previously been arrested or detained under section 4D or arrested under this section. (4F) (1) This section has effect for the purposes of sections 4D and 4E. (2) A “designated person” is a person designated by the Secretary of State or the Scottish Ministers. (3) The appropriate judge is— (a) in England and Wales, any District Judge (Magistrates' Courts) who is designated for those purposes by the Lord Chief Justice after consulting the Lord Chancellor; (b) in Scotland, the sheriff of Lothian and Borders; and (c) in Northern Ireland, any county court judge or resident magistrate who is designated for those purposes by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor. (4) A designation under subsection (2) or (3)(a) or (c) may be made— (a) for the purposes of section 4D or 4E (or both); and (b) for all cases or only for cases (or cases of a description) specified in the designation. (5) A designated person shall have all the powers, authority, protection and privileges of a constable in any part of the United Kingdom in which a person who may be arrested under section 4D or 4E is for the time being.

Amendments relating to Scotland

96

(1) The amendments of section 1 of the Repatriation of Prisoners Act 1984 (c. 47) made by section 44(2) and (3) of the Police and Justice Act 2006 (c. 48) (which amend the requirement for the prisoner's consent to any transfer to or from the United Kingdom) apply in relation to cases in which the relevant Minister for the purposes of section 1 is the Scottish Ministers as they apply in other cases.

(2) In section 2(6) of the Repatriation of Prisoners Act 1984 (transfer out of the United Kingdom) in the definition of “hospital order”, after “1986” insert “ or a compulsion order under section 57A of the Criminal Procedure (Scotland) Act 1995 ”.

(3) In section 8(1) (interpretation etc.), before the definition of “international arrangements” insert—

“enactment” includes an enactment comprised in, or in an instrument under, an Act of the Scottish Parliament;

Mutual legal assistance in revenue matters

Power to transfer functions under Crime (International Co-operation) Act 2003 in relation to direct taxation

97

(1) In section 27(1) of the Crime (International Co-operation) Act 2003 (c. 32) (exercise of powers by others)—

(a) in paragraph (a), for “Commissioners of Customs and Excise” substitute “ Commissioners for Revenue and Customs ”; and

(b) in paragraph (b), for “a customs officer” substitute “ an officer of Revenue and Customs ”.

(2) Paragraph 14 of Schedule 2 to the Commissioners for Revenue and Customs Act 2005 (c. 11) (power under section 27(1) not applicable to former inland revenue matters etc.) ceases to have effect.

Part 7 — Violent offender orders

Violent offender orders

98

(1) A violent offender order is an order made in respect of a qualifying offender which—

(a) contains such prohibitions, restrictions or conditions authorised by section 102 as the court making the order considers necessary for the purpose of protecting the public from the risk of serious violent harm caused by the offender, and

(b) has effect for such period of not less than 2, nor more than 5, years as is specified in the order (unless renewed or discharged under section 103).

(2) For the purposes of this Part any reference to protecting the public from the risk of serious violent harm caused by a person is a reference to protecting—

(a) the public in the United Kingdom, or

(b) any particular members of the public in the United Kingdom,

from a current risk of serious physical or psychological harm caused by that person committing one or more specified offences.

(3) In this Part “specified offence” means—

(a) manslaughter;

(b) an offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder);

(d) an offence under section 20 of that Act (malicious wounding);

(da) an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation);

(e) attempting to commit murder or conspiracy to commit murder; or

(f) a relevant service offence.

(4) The following are relevant service offences—

(a) any offence under—

(i) section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),

(ii) section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), or

(iii) section 42 of the Naval Discipline Act 1957 (c. 53),

of which the corresponding civil offence (within the meaning of the section in question) is an offence within any of paragraphs (a) to (e) of subsection (3) above; and

(b) any offence under section 42 of the Armed Forces Act 2006 (c. 52) as respects which the corresponding offence under the law of England and Wales (within the meaning of that section) is an offence within any of those paragraphs.

(5) Section 48 of the Armed Forces Act 2006 (c. 52) (attempts, conspiracy etc.) applies for the purposes of subsection (4)(b) as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to subsection (4)(b).

(6) The Secretary of State may by order—

(a) amend subsection (3);

(b) make consequential amendments to subsection (4).

Qualifying offenders

99

(1) In this Part “qualifying offender” means a person aged 18 or over who is within subsection (2) or (4).

(2) A person is within this subsection if (whether before or after the commencement of this Part)—

(a) the person has been convicted of a specified offence and either—

(i) a custodial sentence of at least 12 months was imposed for the offence, or

(ii) a hospital order was made in respect of it (with or without a restriction order),

(b) the person has been found not guilty of a specified offence by reason of insanity and subsection (3) applies, or

(c) the person has been found to be under a disability and to have done the act charged in respect of a specified offence and subsection (3) applies.

(3) This subsection applies in the case of a person within (2)(b) or (2)(c) if the court made in respect of the offence—

(a) a hospital order (with or without a restriction order), or

(b) a supervision order.

(4) A person is within this subsection if, under the law in force in a country outside England and Wales (and whether before or after the commencement of this Part)—

(a) the person has been convicted of a relevant offence and either—

(i) a sentence of imprisonment or other detention for at least 12 months was imposed for the offence, or

(ii) an order equivalent to that mentioned in subsection (3)(a) was made in respect of it,

(b) a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that the person was not guilty by reason of insanity, and has made in respect of the offence an order equivalent to one mentioned in subsection (3), or

(c) such a court has, in respect of a relevant offence, made a finding equivalent to a finding that the person was under a disability and did the act charged in respect of the offence, and has made in respect of the offence an order equivalent to one mentioned in subsection (3).

(5) In subsection (4) “relevant offence” means an act which—

(a) constituted an offence under the law in force in the country concerned, and

(b) would have constituted a specified offence, or the offence of murder, if it had been done in England and Wales.

(6) An act punishable under the law in force in a country outside England and Wales constitutes an offence under that law for the purposes of subsection (5) however it is described in that law.

(7) Subject to subsection (8), on an application under section 100 the condition in subsection (5)(b) (where relevant) is to be taken as met in relation to the person to whom the application relates (“P”) unless, not later than rules of court may provide, P serves on the applicant a notice—

(a) denying that, on the facts as alleged with respect to the act in question, the condition is met,

(b) giving the reasons for denying that it is met, and

(8) If the court thinks fit, it may permit P to require the applicant to prove that the condition is met even though no notice has been served under subsection (7).

Applications for violent offender orders

100

(1) A chief officer of police may by complaint to a magistrates' court apply for a violent offender order to be made in respect of a person—

(a) who resides in the chief officer's police area, or

(b) who the chief officer believes is in, or is intending to come to, that area,

if it appears to the chief officer that the conditions in subsection (2) are met.

(2) The conditions are—

(a) that the person is a qualifying offender, and

(b) that the person has, since the appropriate date, acted in such a way as to give reasonable cause to believe that it is necessary for a violent offender order to be made in respect of the person.

(3) An application under this section may be made to any magistrates' court whose commission area includes—

(a) any part of the applicant's police area, or

(b) any place where it is alleged that the person acted in such a way as is mentioned in subsection (2)(b).

(4) The Secretary of State may by order make provision—

(a) for applications under this section to be made by such persons or bodies as are specified or described in the order;

(b) specifying cases or circumstances in which applications may be so made;

(c) for provisions of this Part to apply, in relation to the making of applications (or cases where applications are made) by any such persons or bodies, with such modifications as are specified in relation to them in the order.

(5) In this Part “the appropriate date” means the date (or, as the case may be, the first date) on which the person became a person within any of paragraphs (a) to (c) of section 99(2) or (4), whether that date fell before or after the commencement of this Part.

Making of violent offender orders

101

(1) This section applies where an application is made to a magistrates' court under section 100 in respect of a person (“P”).

(2) After hearing—

(a) the applicant, and

(b) P, if P wishes to be heard,

the court may make a violent offender order in respect of P if it is satisfied that the conditions in subsection (3) are met.

(3) The conditions are—

(a) that P is a qualifying offender, and

(b) that P has, since the appropriate date, acted in such a way as to make it necessary to make a violent offender order for the purpose of protecting the public from the risk of serious violent harm caused by P.

(4) When deciding whether it is necessary to make such an order for that purpose, the court must have regard to whether P would, at any time when such an order would be in force, be subject under any other enactment to any measures that would operate to protect the public from the risk of such harm.

(5) A violent offender order may not be made so as to come into force at any time when P—

(a) is subject to a custodial sentence imposed in respect of any offence,

(b) is on licence for part of the term of such a sentence, or

(6) But such an order may be applied for, and made, at such a time.

Provisions that orders may contain

102

(1) A violent offender order may contain prohibitions, restrictions or conditions preventing the offender—

(a) from going to any specified premises or any other specified place (whether at all, or at or between any specified time or times);

(b) from attending any specified event;

(2) Any of the prohibitions, restrictions or conditions contained in a violent offender order may relate to conduct in Scotland or Northern Ireland (as well as to conduct in England or Wales).

(3) The Secretary of State may by order amend subsection (1).

(4) In this section “specified” means specified in the violent offender order concerned.

Variation, renewal or discharge of violent offender orders

103

(1) A person within subsection (2) may by complaint apply to the appropriate magistrates' court—

(a) for an order varying or discharging a violent offender order;

(b) for an order (a “renewal order”) renewing a violent offender order for such period of not more than 5 years as is specified in the renewal order.

(2) The persons are—

(a) the offender,

(b) the chief officer of police who applied for the order,

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

(3) The “appropriate magistrates' court” means the magistrates' court that made the order or (if different)—

(a) a magistrates' court for the area in which the offender resides, or

(b) where the application under this section is made by a chief officer of police, any magistrates' court whose commission area includes any part of the chief officer's police area.

(4) On an application under this section the appropriate magistrates' court may, after hearing—

(a) the applicant, and

(b) any other persons mentioned in subsection (2) who wish to be heard,

make such order varying, renewing or discharging the violent offender order as the court considers appropriate.

But this is subject to subsections (5) to (7).

(5) A violent offender order may only be—

(a) renewed, or

(b) varied so as to impose additional prohibitions, restrictions or conditions on the offender,

if the court considers that it is necessary to do so for the purpose of protecting the public from the risk of serious violent harm caused by the offender (and any renewed or varied order may contain only such prohibitions, restrictions or conditions as the court considers necessary for this purpose).

(6) References in subsection (5) to prohibitions, restrictions or conditions are to prohibitions, restrictions or conditions authorised by section 102.

(7) The court may not discharge the violent offender order before the end of the period of 2 years beginning with the date on which it comes into force under section 101 unless consent to its discharge is given by the offender and—

(a) where the application under this section is made by a chief officer of police, by that chief officer, or

(b) where the application is made by the offender, by the chief officer of police for the area in which the offender resides.

Interim violent offender orders

104

(1) This section applies where an application under section 100 (“the main application”) has not yet been determined.

(2) An application for an order under this section (“an interim violent offender order”) may be made—

(a) by the complaint by which the main application is made, or

(b) if the main application has already been made to a court, by means of a further complaint made to that court by the person making the main application.

(3) If it appears to the court—

(a) that the person to whom the main application relates (“P”) is a qualifying offender,

(b) that, if the court were determining that application, it would be likely to make a violent offender order in respect of P, and

(c) that it is desirable to act before that application is determined, with a view to securing the immediate protection of the public from the risk of serious violent harm caused by P,

the court may make an interim violent offender order in respect of P that contains such prohibitions, restrictions or conditions as it considers necessary for the purpose of protecting the public from the risk of such harm.

(4) The reference in subsection (3) to prohibitions, restrictions or conditions is to prohibitions, restrictions or conditions authorised by section 102 in the case of a violent offender order.

(5) But an interim violent offender order may not be made so as to come into force at any time when the person—

(a) is subject to a custodial sentence for any offence,

(b) is on licence for part of the term of such a sentence, or

(6) An interim violent offender order—

(a) has effect only for such period as is specified in the order, and

(b) ceases to have effect (if it has not already done so) at the appropriate time.

(7) “The appropriate time” means—

(a) if the court grants the main application, the time when a violent offender order made in pursuance of it comes into force;

(b) if the court decides not to grant the main application or it is withdrawn, the time when the court so decides or the application is withdrawn.

(8) Section 103 applies in relation to the variation or discharge of an interim violent offender order as it applies in relation to the variation or discharge of a violent offender order, but with the omission of subsection (7).

Notice of applications

105

(1) This section applies to—

(a) any application under section 100 for a violent offender order,

(b) any application under section 104 for an interim violent offender order, and

(c) any application under section 103 for the variation, discharge or renewal of a violent offender order, or for the variation or discharge of an interim violent offender order.

(2) A magistrates' court may not begin hearing such an application unless it is satisfied that the relevant person has been given notice of—

(a) the application, and

(b) the time and place of the hearing,

a reasonable time before the hearing.

(3) In this section “the relevant person” means—

(a) the person to whom the application mentioned in subsection (1)(a) or (b) relates, or

(b) the person in respect of whom the order mentioned in subsection (1)(c) has been made,

as the case may be.

Appeals

106

(1) A person in respect of whom—

(a) a violent offender order, or

(b) an interim violent offender order,

has been made may appeal to the Crown Court against the making of the order.

(2) Such a person may also appeal to the Crown Court against—

(a) the making of an order under section 103, or

(b) any refusal to make such an order.

(3) On an appeal under this section, the Crown Court—

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

(b) may also make such incidental or consequential orders as appear to it to be just.

(4) For the purposes of section 103(3) an order made by the Crown Court on an appeal made by virtue of subsection (1) or (2) is to be treated as if made by the court from which the appeal was brought.

Notification requirements

Offenders subject to notification requirements

107

(1) References in this Part to an offender subject to notification requirements are references to an offender who is for the time being subject to—

(a) a violent offender order, or

(b) an interim violent offender order,

which is in force under this Part.

(2) Subsection (1) has effect subject to section 110(7) (which excludes from section 110 an offender subject to an interim violent offender order).

Notification requirements: initial notification

108

(1) An offender subject to notification requirements must notify the required information to the police within the period of 3 days beginning with the date on which—

(a) the violent offender order, or

(b) the interim violent offender order,

comes into force in relation to the offender (“the relevant date”).

(2) The “required information” is the following information about the offender—

(a) date of birth;

(b) national insurance number;

(d) home address on the relevant date;

(e) name on the date on which the notification is given or, if the offender used two or more names on that date, each of those names;

(f) home address on the date on which the notification is given;

(g) the address of any other premises in the United Kingdom at which on that date the offender regularly resides or stays;

(h) any prescribed information.

(3) In subsection (2)(h) “prescribed” means prescribed by regulations made by the Secretary of State.

(4) When determining the period of 3 days mentioned in subsection (1), there is to be disregarded any time when the offender is—

(a) remanded in or committed to custody by an order of a court or kept in service custody;

(b) serving a sentence of imprisonment or a term of service detention;

(d) outside the United Kingdom.

(5) In this Part “home address” means in relation to the offender—

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

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

Notification requirements: changes

109

(1) An offender subject to notification requirements must notify to the police—

(a) the required new information, and

(b) the information mentioned in section 108(2),

within the period of 3 days beginning with the date on which any notifiable event occurs.

(2) A “notifiable event” means—

(a) the use by the offender of a name which has not been notified to the police under section 108 or this section;

(b) any change of the offender's home address;

(c) the expiry of any qualifying period during which the offender has resided or stayed at any premises in the United Kingdom the address of which has not been notified to the police under section 108 or this section,

(d) any prescribed change of circumstances, or

(e) the release of the offender from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital.

(3) The “required new information” is—

(a) the name referred to in subsection (2)(a),

(b) the new home address (see subsection (2)(b)),

(d) the prescribed details, or

(e) the fact that the offender has been released as mentioned in subsection (2)(e),

as the case may be.

(4) A notification under subsection (1) may be given before the notifiable event occurs, but in that case the offender must also specify the date when the event is expected to occur.

(5) If a notification is given in accordance with subsection (4) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1).

(6) If a notification is given in accordance with subsection (4) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—

(a) the notification does not affect the duty imposed by subsection (1), and

(b) the offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified.

(7) Section 108(4) applies to the determination of—

(a) any period of 3 days for the purposes of subsection (1), or

(b) any period of 6 days for the purposes of subsection (6),

as it applies to the determination of the period of 3 days mentioned in section 108(1).

(8) In this section—

(a) “prescribed change of circumstances” means any change—

(i) occurring in relation to any matter in respect of which information is required to be notified by virtue of section 108(2)(h), and

(ii) of a description prescribed by regulations made by the Secretary of State;

(b) “the prescribed details”, in relation to a prescribed change of circumstances, means such details of the change as may be so prescribed.

(9) In this section “qualifying period” means—

(a) a period of 7 days, or

(b) two or more periods, in any period of 12 months, which taken together amount to 7 days.

Notification requirements: periodic notification

110

(1) An offender subject to notification requirements must, within the applicable period after each notification date, notify to the police the information mentioned in section 108(2), unless the offender has already given a notification under section 109(1) within that period.

(2) A “notification date” means, in relation to the offender, the date of any notification given by the offender under section 108(1) or 109(1) or subsection (1) above.

(3) Where the applicable period would (apart from this subsection) end while subsection (4) applies, that period is to be treated as continuing until the end of the period of 3 days beginning with the date on which subsection (4) first ceases to apply.

(4) This subsection applies if the offender is—

(a) remanded in or committed to custody by an order of a court or kept in service custody,

(b) serving a sentence of imprisonment or a term of service detention,

(d) outside the United Kingdom.

(5) In this section “the applicable period” means—

(a) in any case where subsection (6) applies, such period as may be prescribed by regulations made by the Secretary of State, and

(b) in any other case, the period of one year.

(6) This subsection applies if the last home address notified by the offender under section 108(1) or 109(1) or subsection (1) above was the address or location of such a place as is mentioned in section 108(5)(b).

(7) Nothing in this section applies to an offender who is subject to an interim violent offender order.

Notification requirements: travel outside United Kingdom

111

(1) The Secretary of State may by regulations make provision with respect to offenders subject to notification requirements, or any description of such offenders—

(a) requiring such persons, before they leave the United Kingdom, to give in accordance with the regulations a notification under subsection (2);

(b) requiring such persons, if they subsequently return to the United Kingdom, to give in accordance with the regulations a notification under subsection (3).

(2) A notification under this subsection must disclose—

(a) the date on which the offender proposes to leave the United Kingdom;

(b) the country (or, if there is more than one, the first country) to which the offender proposes to travel and the proposed point of arrival (determined in accordance with the regulations) in that country;

(c) any other information prescribed by the regulations which the offender holds about the offender's departure from or return to the United Kingdom, or about the offender's movements while outside the United Kingdom.

(3) A notification under this subsection must disclose any information prescribed by the regulations about the offender's return to the United Kingdom.

112

(1) An offender gives a notification to the police under section 108(1), 109(1) or 110(1) by—

(a) attending at any police station in the offender's local police area, and

(b) giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.

(2) An offender giving a notification under section 109(1)—

(a) in relation to a prospective change of home address, or

(b) in relation to such premises as are mentioned in section 109(2)(c),

may also give the notification at a police station that would fall within subsection (1)(a) above if the change of home address had already occurred or (as the case may be) the premises in question were the offender's home address.

(3) Any notification given in accordance with this section must be acknowledged; and the acknowledgement must be—

(a) in writing, and

(b) in such form as the Secretary of State may direct.

(4) Where a notification is given under section 108(1), 109(1) or 110(1), the offender must, if requested to do so by the police officer or other person mentioned in subsection (1)(b) above, allow that officer or person to—

(a) take the offender's fingerprints,

(b) photograph any part of the offender, or

in order to verify the offender's identity.

(5) In this section—

“local police area”, in relation to the offender, means—the police area in England and Wales in which the home address is situated,in the absence of a home address in England and Wales, the police area in England and Wales in which the home address last notified is situated, orin the absence of such a home address and any such notification, the police area in which the court that made the violent offender order (or, as the case may be, the interim violent offender order) is situated;

“photograph” includes any process by means of which an image may be produced.

Supplementary

Offences

113

(1) If a person fails, without reasonable excuse, to comply with any prohibition, restriction or condition contained in—

(a) a violent offender order, or

(b) an interim violent offender order,

the person commits an offence.

(2) If a person fails, without reasonable excuse, to comply with—

(a) section 108(1), 109(1) or (6)(b), 110(1) or 112(4), or

(b) any requirement imposed by regulations made under section 111(1),

the person commits an offence.

(3) If a person notifies to the police, in purported compliance with—

(a) section 108(1), 109(1) or 110(1), or

(b) any requirement imposed by regulations made under section 111(1),

any information which the person knows to be false, the person commits an offence.

(4) As regards an offence under subsection (2), so far as it relates to non-compliance with—

(a) section 108(1), 109(1) or 110(1), or

(b) any requirement imposed by regulations made under section 111(1),

a person commits such an offence on the first day on which the person first fails, without reasonable excuse, to comply with the provision mentioned in paragraph (a) or (as the case may be) the requirement mentioned in paragraph (b), and continues to commit it throughout any period during which the failure continues.

(5) But a person must not be prosecuted under subsection (2) more than once in respect of the same failure.

(6) A person guilty of an offence under this section is liable—

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

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both.

(7) In subsection (6)(a) “the relevant period” means—

(a) in relation to ... Scotland, 12 months;

(b) in relation to Northern Ireland, 6 months;

(8) Proceedings for an offence under this section may be commenced in any court having jurisdiction in any place where the person charged with the offence resides or is found.

Supply of information to Secretary of State etc.

114

(1) This section applies to information notified to the police under section 108(1), 109(1) or 110(1).

(2) A chief officer of police may, for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, supply information to which this section applies to—

(a) the Secretary of State, or

(b) a person providing services to the Secretary of State in connection with a relevant function,

for use for the purpose of verifying the information.

(3) In relation to information supplied to any person under subsection (2), the reference to verifying the information is a reference to—

(a) checking its accuracy by comparing it with information held—

(i) where the person is the Secretary of State, by that person in connection with the exercise of a relevant function, or

(ii) where the person is within subsection (2)(b), by that person in connection with the provision of services as mentioned there, and

(b) compiling a report of that comparison.

(4) Subject to subsection (5), the supply of information under this section is to be taken not to breach any restriction on the disclosure of information (however arising).

(5) This section does not authorise the doing of anything that contravenes the data protection legislation.

(6) This section does not affect any power to supply information that exists apart from this section.

(6A) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

(7) In this section “relevant function” means—

(a) a function relating to social security, child support, employment or training,

(b) a function relating to passports, or

Supply of information by Secretary of State etc.

115

(1) A report compiled under section 114 may be supplied to a chief officer of police by—

(a) the Secretary of State, or

(b) a person within section 114(2)(b).

(2) Such a report may contain any information held—

(a) by the Secretary of State in connection with the exercise of a relevant function, or

(b) by a person within section 114(2)(b) in connection with the provision of services as mentioned there.

(3) Where such a report contains information within subsection (2), the chief officer to whom it is supplied—

(a) may retain the information, whether or not used for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, and

(b) may use the information for any purpose related to the prevention, detection, investigation or prosecution of offences (whether or not under this Part), but for no other purpose.

(4) Subsections (4) to (7) of section 114 apply in relation to this section as they apply in relation to section 114.

Information about release or transfer

116

(1) This section applies to an offender subject to notification requirements who is—

(a) serving a sentence of imprisonment or a term of service detention, or

(b) detained in a hospital.

(2) The Secretary of State may by regulations make provision requiring the person who is responsible for such an offender to give notice to specified persons—

(a) of the fact that that person has become responsible for the offender; and

(b) of any occasion when—

(i) the offender is released, or

(ii) a different person is to become responsible for the offender.

(3) In subsection (2) “specified persons” means persons specified, or of a description specified, in the regulations.

(4) The regulations may make provision for determining who is to be taken for the purposes of this section as being responsible for an offender.

Interpretation of Part 7

117

(1) In this Part—

“the appropriate date” has the meaning given by section 100(5);

“country” includes territory;

“custodial sentence” means—a sentence of imprisonment, any other sentence or order mentioned in section 222(1) of the Sentencing Code (as in force at any time after the passing of this Act) or any corresponding sentence or order imposed or made under any enactment passed before that section came into force, ora relevant service sentence (see subsection (2) below);

“home address” has the meaning given by section 108(5);

“hospital order” means—an order under section 37 of the Mental Health Act 1983 (c. 20) or section 60 of the Mental Health Act 1959 (c. 72), orany other order providing for the admission of a person to hospital following a finding of the kind mentioned in section 99(2)(b) or (c) of this Act;

“interim violent offender order” means an order made under section 104;

“kept in service custody” means kept in service custody by virtue of an order under section 105(2) of the Armed Forces Act 2006 (c. 52);

“the offender”, in relation to a violent offender order or an interim violent offender order, means the person in respect of whom the order is made;

“qualifying offender” has the meaning given by section 99(1);

“restriction order” means an order under section 41 of the Mental Health Act 1983 or section 65 of the Mental Health Act 1959;

“service detention” has the meaning given by section 374 of the Armed Forces Act 2006;

“specified offence” has the meaning given by section 98(3);

“supervision order” means—a supervision order within the meaning of Schedule 1A to the Criminal Procedure (Insanity) Act 1964 (c. 84), ora supervision and treatment order within the meaning of Schedule 2 to that Act;

“violent offender order” has the meaning given by section 98(1).

(2) The following are relevant service sentences—

(a) a sentence of imprisonment passed under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53);

(b) a sentence of custody for life, or detention, under section 71A of either of those Acts of 1955 or section 43A of that Act of 1957;

(i) section 71AA of, or paragraph 10 of Schedule 5A to, either of those Acts of 1955, or

(ii) section 43AA of, or paragraph 10 of Schedule 4A to, that Act of 1957;

(d) a custodial sentence within the meaning of the Armed Forces Act 2006 (c. 52) (see section 374 of that Act).

(3) References in this Part to protecting the public from the risk of serious violent harm caused by a person are to be read in accordance with section 98(2).

(4) References in this Part to a finding of the kind mentioned in section 99(2)(b) or (c) or (4)(b) or (c) include references to a case where a decision on appeal is to the effect that there should have been such a finding in the proceedings concerned.

(5) References in this Part to an offender subject to notification requirements are to be read in accordance with section 107.

(6) The following expressions have the same meanings as in Part 2 of the Sexual Offences Act 2003 (c. 42) (notifications and orders)—

“detained in a hospital” (see sections 133 and 135 of that Act);

“sentence of imprisonment” (see section 131 of that Act);

and references to a person having been found to be under a disability and to have done the act charged are to be read in accordance with section 135 of that Act.

Premises closure orders

Closure orders: premises associated with persistent disorder or nuisance

118

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Nuisance or disturbance on hospital premises

Offence of causing nuisance or disturbance on NHS premises

119

(1) A person commits an offence if—

(a) the person causes, without reasonable excuse and while on NHS premises, a nuisance or disturbance to an NHS staff member who is working there or is otherwise there in connection with work,

(b) the person refuses, without reasonable excuse, to leave the NHS premises when asked to do so by a constable or an NHS staff member, and

(c) the person is not on the NHS premises for the purpose of obtaining medical advice, treatment or care for himself or herself.

(2) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) For the purposes of this section—

(a) a person ceases to be on NHS premises for the purpose of obtaining medical advice, treatment or care for himself or herself once the person has received the advice, treatment or care, and

(b) a person is not on NHS premises for the purpose of obtaining medical advice, treatment or care for himself or herself if the person has been refused the advice, treatment or care during the last 8 hours.

(4) In this section—

“English NHS premises” means—any hospital vested in, or managed by, a relevant English NHS body,any building or other structure, or vehicle, associated with the hospital and situated on hospital grounds (whether or not vested in, or managed by, a relevant English NHS body), andthe hospital grounds,

“hospital grounds” means land in the vicinity of a hospital and associated with it,

“NHS premises” means English NHS premises or Welsh NHS premises,

“NHS staff member” means a person employed by a relevant English NHS body, or a relevant Welsh NHS body, or otherwise working for such a body (whether as or on behalf of a contractor, as a volunteer or otherwise),

“relevant English NHS body” means—a National Health Service trust (see section 25 of the National Health Service Act 2006 (c. 41)), all or most of whose hospitals, establishments and facilities are situated in England,...an NHS foundation trust (see section 30 of that Act),

“relevant Welsh NHS body” means—a National Health Service trust (see section 18 of the National Health Service (Wales) Act 2006 (c. 42)), all or most of whose hospitals, establishments and facilities are situated in Wales, ora Local Health Board (see section 11 of that Act),

“vehicle” includes an air ambulance,

“Welsh NHS premises” means—any hospital vested in, or managed by, a relevant Welsh NHS body,any building or other structure, or vehicle, associated with the hospital and situated on hospital grounds (whether or not vested in, or managed by, a relevant Welsh NHS body), andthe hospital grounds.

Power to remove person causing nuisance or disturbance

120

(1) If a constable reasonably suspects that a person is committing or has committed an offence under section 119, the constable may remove the person from the NHS premises concerned.

(2) If an authorised officer reasonably suspects that a person is committing or has committed an offence under section 119, the authorised officer may—

(a) remove the person from the NHS premises concerned, or

(b) authorise an appropriate NHS staff member to do so.

(3) Any person removing another person from NHS premises under this section may use reasonable force (if necessary).

(4) An authorised officer cannot remove a person under this section or authorise another person to do so if the authorised officer has reason to believe that—

(a) the person to be removed requires medical advice, treatment or care for himself or herself, or

(b) the removal of the person would endanger the person's physical or mental health.

(5) In this section—

“appropriate NHS staff member”—in relation to English NHS premises, means an English NHS staff member, andin relation to Welsh NHS premises, means a Welsh NHS staff member,

“authorised officer”—in relation to English NHS premises, means any English NHS staff member authorised by a relevant English NHS body to exercise the powers which are conferred by this section on an authorised officer in respect of English NHS premises, andin relation to Welsh NHS premises, means any Welsh NHS staff member authorised by a relevant Welsh NHS body to exercise the powers which are conferred by this section on an authorised officer in respect of Welsh NHS premises,

“English NHS staff member” means a person employed by a relevant English NHS body or otherwise working for it (whether as or on behalf of a contractor, as a volunteer or otherwise),

“Welsh NHS staff member” means a person employed by a relevant Welsh NHS body or otherwise working for it (whether as or on behalf of a contractor, as a volunteer or otherwise).

(6) Terms defined in section 119 have the same meaning in this section as in that section.

Guidance about the power to remove etc.

121

(1) The appropriate national authority may from time to time prepare and publish guidance to relevant NHS bodies and authorised officers about the powers in section 120.

(2) Such guidance may, in particular, relate to—

(a) the authorisation by relevant NHS bodies of authorised officers,

(b) the authorisation by authorised officers of appropriate NHS staff members to remove persons under section 120,

(d) matters that may be relevant to a consideration by authorised officers for the purposes of section 120 of whether offences are being, or have been, committed under section 119,

(e) matters to be taken into account by authorised officers in deciding whether there is reason to believe that a person requires medical advice, treatment or care for himself or herself or that the removal of a person would endanger the person's physical or mental health,

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.