Policing and Crime Act 2017

(28B) (1) This section applies where— (a) an application is made for the renewal of a certificate on or before the day which falls 8 weeks before the day at the end of which the certificate is due to expire, but (b) the chief officer of police does not determine whether or not to grant the application before the certificate is due to expire. (2) The certificate continues in force by virtue of this subsection until whichever of the following events occurs first— (a) the chief officer determines whether or not to grant the application; (b) the extension period ends. (3) In subsection (2), “the extension period” means the period of 8 weeks beginning with the day after the day at the end of which the certificate was due to expire. (4) If the event mentioned in subsection (2)(a) occurs first, and the chief officer grants the application, any period for which the certificate continued in force under subsection (2) is to be treated for the purposes of section 28A(1) as part of the period for which the renewed certificate is in force. (5) This section does not apply in relation to the renewal of a certificate granted or last renewed in Northern Ireland.

• (2) In consequence of the amendment made by subsection (1), in section 28A of that Act (certificates: supplementary), after subsection (1) insert—

(1A) Subsection (1) is subject to the provision made by section 28B for circumstances in which a certificate may continue in force after the period of five years from the date when it was granted or last renewed.

Applications under the Firearms Acts: fees

132

• (1) After section 32 of the Firearms Act 1968 (fee for certificate and exemption from paying it in certain cases) insert—

(32ZA) (1) The Secretary of State may by regulations authorise the appropriate national authority to require payment of a fee before an authority under section 5 is granted, varied or renewed. (2) Regulations under subsection (1) must specify the amount of any fee that may be charged. (3) The regulations may make different provision for different cases (including specifying different fees for different cases). (4) The regulations may include— (a) incidental, supplementary or consequential provision; (b) transitional, transitory or saving provision. (5) Regulations under this section are to be made by statutory instrument. (6) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this section, “the appropriate national authority” means— (a) in or as regards England and Wales, the Secretary of State; (b) in or as regards Scotland, the Scottish Ministers.

• (2) Before section 16 of the Firearms (Amendment) Act 1988 insert—

(15B) (1) The Secretary of State may by regulations authorise the appropriate national authority to require payment of a fee before an approval under section 15 is granted, varied or renewed. (2) Regulations under subsection (1) must specify the amount of any fee that may be charged. (3) The regulations may make different provision for different cases (including specifying different fees for different cases). (4) The regulations may include— (a) incidental, supplementary or consequential provision; (b) transitional, transitory or saving provision. (5) Regulations under this section are to be made by statutory instrument. (6) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this section, “the appropriate national authority” means— (a) in or as regards England and Wales, the Secretary of State; (b) in or as regards Scotland, the Scottish Ministers.

• (3) In the Schedule to the Firearms (Amendment) Act 1988 (firearms and ammunition in museums), omit paragraph 3.

• (4) In that Schedule, before paragraph 4 insert—

(3A) (1) The Secretary of State may by regulations authorise the appropriate national authority to require payment of a fee before a licence is granted, varied or renewed. (2) Regulations under sub-paragraph (1) must specify the amount of any fee that may be charged. (3) The regulations may make different provision for different cases (including specifying different fees for different cases). (4) The regulations may include— (a) incidental, supplementary or consequential provision; (b) transitional, transitory or saving provision. (5) Regulations under this paragraph are to be made by statutory instrument. (6) A statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this section, “the appropriate national authority” means— (a) in or as regards England and Wales, the Secretary of State; (b) in or as regards Scotland, the Scottish Ministers.

• (5) In consequence of the amendment made by subsection (2), omit section 15(6) of the Firearms (Amendment) Act 1988.

Guidance to police officers in respect of firearms

133

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

• (2) After section 55 insert—

(55A) (1) The Secretary of State may issue guidance to chief officers of police as to the exercise of their functions under, or in connection with, this Act. (2) The Secretary of State may revise any guidance issued under this section. (3) The Secretary of State must arrange for any guidance issued under this section, and any revision of it, to be published. (4) A chief officer of police must have regard to any guidance issued under this section. (5) Before issuing guidance under this section, the Secretary of State must consult— (a) the National Police Chiefs' Council, and (b) the chief constable of the Police Service of Scotland.

• (3) In section 44 (appeals against police decisions), after subsection (3) insert—

(3A) The court or sheriff hearing an appeal must have regard to any guidance issued under section 55A that is relevant to the appeal.

Pyrotechnic articles

Possession of pyrotechnic articles at musical events

134

• (1) It is an offence for a person to have a pyrotechnic article in his or her possession at any time when the person is—

• (a) at a place where a qualifying musical event is being held, or

• (b) at any other place that is being used by a person responsible for the organisation of a qualifying musical event for the purpose of—

• (i) regulating entry to, or departure from, the event, or

• (ii) providing sleeping or other facilities for those attending the event.

• (2) Subsection (1) does not apply—

• (a) to a person who is responsible for the organisation of the event, or

• (b) to a person who has the article in his or her possession with the consent of a person responsible for the organisation of the event.

• (3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks (or, in relation to offences committed before section 281(5) of the Criminal Justice Act 2003 comes into force, 3 months), or to a fine not exceeding level 3 on the standard scale, or to both.

• (4) In this section, “pyrotechnic article” means an article that contains explosive substances, or an explosive mixture of substances, designed to produce heat, light, sound, gas or smoke, or a combination of such effects, through self-sustained exothermic chemical reactions, other than—

• (a) a match, or

• (b) an article specified, or of a description specified, in regulations made by statutory instrument by the Secretary of State.

• (5) In this section, “qualifying musical event” means an event at which one or more live musical performances take place and which is specified, or of a description specified, in regulations made by statutory instrument by the Secretary of State.

• (6) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Part 7 — Alcohol and late night refreshment

Licensing

Meaning of “alcohol”: inclusion of alcohol in any state

135

In the Licensing Act 2003, in section 191(1) (meaning of “alcohol”) after “liquor” insert “ (in any state) ”.

Interim steps pending review: representations

136

• (1) In the Licensing Act 2003, section 53B (interim steps pending review) is amended as follows.

• (2) In subsection (6) at the beginning insert “ Subject to subsection (9A), ”.

• (3) After subsection (9) insert—

(9A) Where the relevant licensing authority has determined under subsection (8) whether to withdraw or modify the interim steps taken, the holder of the premises licence may only make further representations under subsection (6) if there has been a material change in circumstances since the authority made its determination.

Summary reviews of premises licences: review of interim steps

137

• (1) The Licensing Act 2003 is amended as follows.

• (2) Section 53C (review of premises licence following review notice) is amended as follows.

• (3) In subsection (2)—

• (a) at the end of paragraph (a) insert “ and ”,

• (b) in paragraph (b) omit “and”, and

• (c) omit paragraph (c).

• (4) After subsection (11) insert—

(12) Section 53D makes provision about the application and review of any interim steps that have been taken under section 53B in relation to a premises licence before a decision under this section comes into effect in relation to the licence.

• (5) After section 53C insert—

(53D) (1) At the hearing to consider an application for a review under section 53A, the relevant licensing authority must review any interim steps that have been taken by the relevant licensing authority under section 53B that have effect on the date of the hearing. (2) In conducting the review under this section, the relevant licensing authority must— (a) consider whether the interim steps are appropriate for the promotion of the licensing objectives; (b) consider any relevant representations; and (c) determine whether to withdraw or modify the interim steps taken. (3) The power of the relevant licensing authority on a review under this section includes a power to take any of the following interim steps— (a) the modification of the conditions of the premises licence; (b) the exclusion of the sale of alcohol by retail from the scope of the licence; (c) the removal of the designated premises supervisor from the licence; (d) the suspension of the licence; and for this purpose the conditions of the licence are modified if any of them is altered or omitted or any new condition is added. (4) Any interim steps taken under subsection (3) apply until— (a) the end of the period given for appealing against a decision made under section 53C, (b) if the decision under section 53C is appealed against, the time the appeal is disposed of, or (c) the end of a period determined by the relevant licensing authority (which may not be longer than the period of time for which such interim steps could apply under paragraph (a) or (b)). (5) Any interim steps taken under section 53B in relation to a premises licence cease to have effect when the decision made under section 53C comes into effect. (6) In subsection (2) “relevant representations” means representations which— (a) are relevant to one or more of the licensing objectives, and (b) meet the requirements of subsection (7). (7) The requirements are— (a) that the representations are made by the holder of the premises licence, a responsible authority or any other person within the period prescribed under subsection 53A(3)(e), (b) that they have not been withdrawn, and (c) if they are made by a person who is not a responsible authority, that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious. (8) Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination. (9) A decision under this section may be appealed (see paragraph 8B of Part 1 of Schedule 5 (appeals: premises licences)).

• (6) Part 1 of Schedule 5 (appeals: premises licences) is amended as follows.

• (7) After paragraph 8A (summary review of premises licence) insert—

(8B) (1) This paragraph applies where a review of interim steps is decided under section 53D (review of interim steps at a summary review of a premises licence). (2) An appeal may be made against that decision by— (a) the chief officer of police for the police area (or each police area) in which the premises are situated, or (b) the holder of the premises licence. (3) An appeal under this paragraph must be heard by the magistrates' court within the period of 28 days beginning with the day on which the appellant commenced the appeal (see paragraph 9(2)).

• (8) This section does not apply to an application made under section 53A of the Licensing Act 2003 (summary reviews on application of senior police officer) where a decision in relation to that application has been made under section 53C (review of premises licence following review notice) before the coming into force of this section.

Personal licences: licensing authority powers in relation to convictions

138

• (1) The Licensing Act 2003 is amended as follows.

• (2) In section 10(4)(a) (functions that may not be delegated to an officer) after sub-paragraph (xii) insert—

(xiii) section 132A(8) and (12) (revocation or suspension of licence by local authority where it becomes aware of convictions or immigration penalties),

.

• (3) After section 132 (licence holder's duty to notify licensing authority of convictions) insert—

(132A) (1) This section applies where a licensing authority has granted a personal licence and it becomes aware (whether by virtue of section 123(1), 131 or 132 or otherwise) that the holder of the licence ( “ the licence holder ”) has been, at any time before or after the grant of the licence— (a) convicted of any relevant offence or foreign offence, or (b) required to pay an immigration penalty. (2) But this section does not apply at any time when in the case of a licence holder who has been convicted of any relevant offence or foreign offence— (a) the licence holder has appealed against a conviction for, or any sentence imposed in relation to, a relevant offence or foreign offence and that appeal has not been disposed of, or (b) the time limit for appealing against such a conviction or sentence has not expired. (3) The relevant licensing authority may— (a) suspend the licence for a period not exceeding six months, or (b) revoke the licence. (4) If the relevant licensing authority is considering whether to suspend or revoke the licence, the authority must give notice to the licence holder. (5) A notice under subsection (4) must invite the licence holder to make representations regarding— (a) the relevant offence, foreign offence or immigration penalty that has caused the relevant licensing authority to issue the notice, (b) any decision of a court under section 129 or 130 in relation to the licence, and (c) any other relevant information (including information regarding the licence holder's personal circumstances). (6) The licence holder may make representations under subsection (5) to the relevant licensing authority within the period of 28 days beginning with the day the notice was issued. (7) Before deciding whether to suspend or revoke the licence the relevant licensing authority must take into account— (a) any representations made by the licence holder under this section, (b) any decision of a court under section 129 or 130 of which the licensing authority is aware, and (c) any other information which the authority considers relevant. (8) Having taken into account the matters described in subsection (7) the relevant licensing authority may make a decision whether to suspend or revoke a licence, unless subsection (9) applies. (9) This subsection applies where the relevant licensing authority has taken into account the matters described in subsection (7) and proposes not to revoke the licence. (10) Where subsection (9) applies the authority must— (a) give notice to the chief officer of police for its area that it proposes not to revoke the licence, and (b) invite the officer to make representations regarding the issue of whether the licence should be suspended or revoked having regard to the crime prevention objective. (11) The chief officer of police may make representations under subsection (10)(b) to the relevant licensing authority within the period of 14 days beginning with the day the notice was received. (12) Where the relevant licensing authority has given notice to the chief officer of police under subsection (10)(a), the authority must take into account— (a) any representations from the officer, and (b) the matters described in subsection (7), and then make a decision whether to suspend or revoke the licence. (13) The relevant licensing authority must give notice of any decision made under subsection (8) or (12) to the licence holder and the chief officer of police, including reasons for the decision. (14) A decision under this section does not have effect— (a) until the end of the period given for appealing against the decision, or (b) if the decision is appealed against, until the appeal is disposed of. (15) A decision under subsection (8) or (12) may be appealed (see paragraph 17(5A) of Part 3 of Schedule 5 (appeals: personal licences)).

• (4) In paragraph 17 of Part 3 of Schedule 5 (appeals: personal licences) after sub-paragraph (5A) insert—

(5B) Where a licensing authority revokes or suspends a personal licence under section 132A(8) or (12) the holder of the licence may appeal against that decision.

Licensing Act 2003: addition of further relevant offences

139

• (1) Schedule 4 to the Licensing Act 2003 (personal licence: relevant offences) is amended as follows.

• (2) In paragraph 18 (sexual offences), after paragraph (a) insert—

(aa) listed in Schedule 3 to the Sexual Offences Act 2003 (sexual offences for the purposes of notification and orders);

.

• (3) After paragraph 19 (violent offences) insert—

(19A) An offence listed in Part 1 of Schedule 15 to the Criminal Justice Act 2003 (specified violent offences).

• (4) After paragraph 22 (fraud offences) insert—

(22ZA) An offence under any of the following provisions of the Violent Crime Reduction Act 2006— (a) section 28 (using someone to mind a weapon); (b) section 36 (manufacture, import and sale of realistic imitation firearms).

• (5) After paragraph 23A (offences under the Psychoactive Substances Act 2016) insert—

(23B) An offence listed in section 41 of the Counter-Terrorism Act 2008 (terrorism offences).

Licensing Act 2003: guidance

140

In the Licensing Act 2003, in section 182 (guidance) omit subsections (2) and (4) to (6).

Cumulative impact assessments

141

• (1) The Licensing Act 2003 is amended as follows.

• (2) In section 5 (statement of licensing policy), after subsection (6C) insert—

(6D) In determining or revising its policy, a licensing authority must have regard to any cumulative impact assessments published by it under section 5A. (6E) A licensing statement must— (a) summarise any cumulative impact assessments published by the licensing authority under section 5A, and (b) explain how the licensing authority has discharged its duty under subsection (6D).

• (3) After section 5 insert—

(5A) (1) A licensing authority may publish a document (“a cumulative impact assessment”) stating that the licensing authority considers that the number of relevant authorisations in respect of premises in one or more parts of its area described in the assessment is such that it is likely that it would be inconsistent with the authority's duty under section 4(1) to grant any further relevant authorisations in respect of premises in that part or those parts. (2) A cumulative impact assessment must set out the evidence for the authority's opinion as set out in the assessment in accordance with subsection (1). (3) For the purposes of this section, “relevant authorisations” means— (a) premises licences; (b) club premises certificates. (4) A cumulative impact assessment may relate to all relevant authorisations or only to relevant authorisations of a kind described in the assessment. (5) Before publishing a cumulative impact assessment, the licensing authority must consult the persons mentioned in section 5(3). (6) For the purposes of the consultation, the licensing authority must provide the persons mentioned in section 5(3) with the following information— (a) the reasons why it is considering publishing a cumulative impact assessment; (b) a general indication of the part or parts of its area which it is considering describing in the assessment; (c) whether it considers that the assessment will relate to all relevant authorisations or only to relevant authorisations of a particular kind. (7) Where a licensing authority publishes a cumulative impact assessment, it must, before the end of each relevant period, consider whether it remains of the opinion stated in the assessment. (8) Before deciding whether it remains of that opinion, the licensing authority must consult the persons mentioned in section 5(3). (9) If the licensing authority is no longer of that opinion— (a) it must publish a statement to that effect, and (b) the duties in section 5(6D) and (6E) and subsection (7) of this section cease to apply in relation to the assessment. (10) If the licensing authority remains of that opinion, it must revise the cumulative impact assessment so that it— (a) includes a statement to that effect, and (b) sets out the evidence as to why the authority remains of that opinion. (11) A licensing authority must publish any revision of a cumulative impact assessment. (12) In subsection (7), “relevant period” means the period of three years beginning with the publication of the cumulative impact assessment or a revision of the cumulative impact assessment.

Late night levy

Late night levy requirements

142

• (1) Section 125 of the Police Reform and Social Responsibility Act 2011 (late night levy requirement) is amended as follows.

• (2) For subsections (1) and (2) substitute—

(1) In this Chapter, “a late night levy requirement” means a requirement to pay a late night levy in accordance with this Chapter. (2) A licensing authority may decide that a late night levy requirement is to apply in its area or in a part of its area in respect of— (a) relevant late night alcohol authorisations relating to premises in the area or the part, or (b) relevant late night alcohol authorisations and relevant late night refreshment authorisations relating to premises in the area or the part. (2A) Accordingly, references in this Chapter to a late night authorisation to which a late night levy requirement relates are references to any relevant late night alcohol authorisation or relevant late night refreshment authorisation in respect of which the late night levy requirement applies. (2B) A licensing authority may decide under subsection (2) that different late night levy requirements are to apply in different parts of its area.

• (3) In subsection (3)(a), after “supply of alcohol” insert “ or late night refreshment ”.

• (4) Omit subsection (4).

• (5) Schedule 18 makes further amendments of Chapter 2 of Part 2 of the Police Reform and Social Responsibility Act 2011 (late night levy).

Part 8 — Financial sanctions

Interpretation

Interpretation

143

• (1) This section sets out definitions that apply for the purposes of this Part.

• (2) “EU financial sanctions Regulation” means an EU Regulation adopted under Article 215 of the Treaty on the Functioning of the European Union to the extent that the Regulation—

• (a) imposes prohibitions or obligations for one or more of the following purposes—

• (i) freezing funds or economic resources;

• (ii) preventing funds or economic resources being made available;

• (iii) prohibiting or restricting access to financial markets or financial services;

• (b) makes provision to supplement prohibitions or obligations of the kind mentioned in paragraph (a).

• (3) “UN financial sanctions Resolution” means a resolution adopted by the Security Council of the United Nations to the extent that the resolution provides under article 41 of the Charter of the United Nations for States to take measures that—

• (a) impose prohibitions or obligations for one or more of the following purposes—

• (i) freezing funds or economic resources;

• (ii) preventing funds or economic resources being made available;

• (iii) prohibiting or restricting access to financial markets or financial services;

• (b) make provision to supplement prohibitions or obligations of the kind mentioned in paragraph (a).

• (4) “Financial sanctions legislation” means—

• (a) an EU financial sanctions Regulation;

• (b) an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation;

• (c) a provision of an Act or of subordinate legislation (within the meaning of the Interpretation Act 1978) where the purpose of the provision is to implement a UN financial sanctions Resolution;

• (d) a freezing order under section 4 of the Anti-terrorism, Crime and Security Act 2001;

• (e) a direction under Schedule 7 to the Counter-Terrorism Act 2008 to the extent that it contains a requirement of a kind mentioned in paragraph 13 of that Schedule (limiting or ceasing business), paragraph 17 of that Schedule and Part 5 of that Schedule so far as it relates to the enforcement of a requirement of a kind mentioned in paragraph 13 of that Schedule.

• (f) a provision of regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018 that—

• (i) contains a prohibition or requirement imposed for a purpose mentioned in section 3(1) or (2) of that Act;

• (ii) makes supplemental provision (within the meaning of section 1(6) of that Act) in connection with any prohibition or requirement mentioned in sub-paragraph (i).

• (4A) But “financial sanctions legislation” does not include any provision of regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018 which is specified in the regulations as a provision to be regarded as not being financial sanctions legislation for the purposes of this Part.

• (5) The reference in subsection (2) to Article 215 of the Treaty on the Functioning of the European Union includes a reference to any of Articles 60, 301 and 308 of the Treaty establishing the European Community (as it had effect before 1 December 2009).

Enhanced maximum penalties

Powers to create offences under section 2(2) ECA 1972: maximum term of imprisonment

144

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

Other offences: maximum term of imprisonment

145

• (1) Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders) is amended in accordance with subsections (2) and (3).

• (2) In paragraph 7 (offences), for sub-paragraph (6)(a) and (b) substitute—

(a) on summary conviction— (i) in England and Wales, to imprisonment for a term not exceeding 12 months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, 6 months) or to a fine, or to both; (ii) in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both; (iii) in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine, or to both.

• (3) In that paragraph, in sub-paragraph (7), for the words from “on summary conviction” to the end of the sub-paragraph substitute

— (a) on summary conviction— (i) in England and Wales, to imprisonment for a term not exceeding 12 months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, 6 months) or to a fine, or to both; (ii) in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both; (iii) in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.

• (4) Schedule 7 to the Counter-Terrorism Act 2008 (terrorist financing and money laundering) is amended in accordance with subsections (5) to (9).

• (5) In paragraph 30 (offence of failure to comply with requirement imposed by direction), after sub-paragraph (4) insert—

(4A) In a case where a person is guilty of an offence under this paragraph by failing to comply with a requirement of a kind mentioned in paragraph 13, the person is liable— (a) on summary conviction— (i) in England and Wales, to imprisonment for a term not exceeding 12 months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, 6 months) or to a fine, or to both; (ii) in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both; (iii) in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine, or to both.

• (6) In sub-paragraph (5) of that paragraph, at the beginning insert “ In any other case, ”.

• (7) In paragraph 30A (offence of relevant person circumventing requirements), after sub-paragraph (1) insert—

(1A) In a case where a person is guilty of an offence under this paragraph in relation to a requirement of a kind mentioned in paragraph 13, the person is liable— (a) on summary conviction— (i) in England and Wales, to imprisonment for a term not exceeding 12 months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, 6 months) or to a fine, or to both; (ii) in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both; (iii) in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine, or to both.

• (8) In sub-paragraph (2) of that paragraph, at the beginning insert “ In any other case, ”.

• (9) In paragraph 31 (offences in connection with licences), in sub-paragraph (2), for the words from “on conviction on indictment” to the end of the sub-paragraph substitute

— (a) on summary conviction— (i) in England and Wales, to imprisonment for a term not exceeding 12 months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, 6 months) or to a fine, or to both; (ii) in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both; (iii) in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.

• (10) The amendments made by this section do not affect the penalty for an offence if any act or other event proof of which is required for conviction of the offence takes place before this section comes into force.

Civil sanctions

Power to impose monetary penalties

146

• (1) The Treasury may impose a monetary penalty on a person if it is satisfied, on the balance of probabilities, that—

• (a) the person has breached a prohibition, or failed to comply with an obligation, that is imposed by or under financial sanctions legislation, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1A) In determining for the purposes of subsection (1) whether a person has breached a prohibition, or failed to comply with an obligation, imposed by or under financial sanctions legislation, any requirement imposed by or under that legislation for the person to have known, suspected or believed any matter is to be ignored.

• (2) The amount of the penalty is to be such amount as the Treasury may determine but it may not exceed the permitted maximum.

• (3) In a case where the breach or failure relates to particular funds or economic resources and it is possible to estimate the value of the funds or economic resources, the permitted maximum is the greater of—

• (a) £1,000,000, and

• (b) 50% of the estimated value of the funds or resources.

• (4) In any other case, the permitted maximum is £1,000,000.

• (5) In subsection (3), “funds” and “economic resources” have the same meanings as they have in the financial sanctions legislation that contains the prohibition or obligation in respect of which the monetary penalty is imposed.

• (6) The Treasury must keep the amount for the time being specified in subsection (3)(a) or (4) under review.

• (7) The Treasury may by regulations made by statutory instrument amend subsection (3)(a) or (4) so as to substitute another amount for the amount for the time being specified in it.

• (8) Regulations under subsection (7) may include transitional provision.

• (9) Before making regulations under subsection (7), the Treasury must consult such persons as it considers appropriate.

• (10) A statutory instrument containing regulations under subsection (7) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (11) Any monetary penalty payable under this section is recoverable by the Treasury as a civil debt.

• (12) Any monetary penalty received by the Treasury by virtue of this section must be paid into the Consolidated Fund.

• (13) This section does not authorise the imposition of a monetary penalty on the Crown.

Monetary penalties: procedural rights

147

• (1) Before imposing a monetary penalty on a person under section 146, the Treasury must inform the person of its intention to do so.

• (2) The Treasury must also—

• (a) explain the grounds for imposing the penalty,

• (b) specify the amount of the penalty,

• (c) explain that the person is entitled to make representations, and

• (d) specify the period within which any such representations must be made.

• (3) If (having considered any representations), the Treasury decides to impose the penalty, the Treasury must—

• (a) inform the person of its decision,

• (b) explain that the person is entitled to seek a review by a Minister of the Crown, and

• (c) specify the period within which the person must inform the Treasury that the person wishes to seek such a review.

• (4) If the person seeks a review, the Minister may—

• (a) uphold the decision to impose the penalty and its amount,

• (b) uphold the decision to impose the penalty but substitute a different amount, or

• (c) cancel the decision to impose the penalty.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) If on a review under subsection (4) the Minister decides to uphold the Treasury's decision to impose the penalty and its amount, or to uphold the Treasury's decision to impose the penalty but to substitute a different amount, the person may appeal (on any ground) to the Upper Tribunal.

• (7) On an appeal under subsection (6), the Upper Tribunal may quash the Minister's decision and if it does so may—

• (a) quash the Treasury's decision to impose the penalty;

• (b) uphold that decision but substitute a different amount for the amount determined by the Treasury (or, in a case where the Minister substituted a different amount, by the Minister).

• (8) In this section, “Minister of the Crown” means the holder of an office in Her Majesty's Government in the United Kingdom.

Monetary penalties: bodies corporate and unincorporated associations

148

• (1) If a monetary penalty is payable under section 146 by a body, the Treasury may also impose a monetary penalty on an officer of the body if it is satisfied, on the balance of probabilities, that the breach or failure in respect of which the monetary penalty is payable by the body—

• (a) took place with the consent or connivance of the officer, or

• (b) was attributable to any neglect on the part of the officer.

• (2) In subsection (1)—

• “body” means a body corporate, a partnership or an unincorporated body other than a partnership;

• “officer of a body” means—in relation to a body corporate, a director, manager, secretary or other similar officer of the body or a person purporting to act in any such capacity;in relation to a partnership, a partner or a person purporting to act as a partner;in relation to an unincorporated body other than a partnership, a person who is concerned in the management or control of the body or purports to act in the capacity of a person so concerned.

• (3) Sections 146(2) to (5), (11) and (12) and 147 apply in relation to a monetary penalty that may be imposed under subsection (1) as they apply in relation to a monetary penalty that may be imposed under section 146(1).

Monetary penalties: supplementary

149

• (1) The Treasury must issue guidance as to—

• (a) the circumstances in which it may consider it appropriate to impose a monetary penalty under section 146 or 148, and

• (b) how it will determine the amount of the penalty.

• (2) The Treasury must, at such intervals as it considers appropriate, publish reports about the imposition of monetary penalties under section 146 or 148.

• (3) The Treasury may also publish reports at such intervals as it considers appropriate in cases where—

• (a) a monetary penalty has not been imposed under section 146 or 148, but

• (b) the Treasury is satisfied, on the balance of probabilities, that a person has breached a prohibition, or failed to comply with an obligation, that is imposed by or under financial sanctions legislation.

Other provisions about enforcement

Deferred prosecution agreements

150

In Part 2 of Schedule 17 to the Crime and Courts Act 2013 (which lists the offences in relation to which a deferred prosecution agreement may be entered into), after paragraph 26 insert—

(26A) (1) An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation. (2) An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution. (3) An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders). (4) An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule. (5) An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008. (6) In this paragraph— - “EU financial sanctions Regulation” and “UN financial sanctions Resolution” have the same meanings as in Part 8 of the Policing and Crime Act 2017 (see section 143 of that Act); - “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

Serious crime prevention orders

151

• (1) Schedule 1 to the Serious Crime Act 2007 (which lists the offences in respect of which serious crime prevention orders may be made) is amended as follows.

• (2) In Part 1 (England and Wales), after paragraph 13A insert—

(13B) (1) An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation. (2) An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution. (3) An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders). (4) An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule. (5) An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008. (6) In this paragraph— - “EU financial sanctions Regulation” and “UN financial sanctions Resolution” have the same meanings as in Part 8 of the Policing and Crime Act 2017 (see section 143 of that Act); - “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

• (3) In Part 1A (Scotland), after paragraph 16M —

(16MA) (1) An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation. (2) An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution. (3) An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders). (4) An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule. (5) An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008. (6) In this paragraph— - “EU financial sanctions Regulation” and “UN financial sanctions Resolution” have the same meanings as in Part 8 of the Policing and Crime Act 2017 (see section 143 of that Act); - “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

• (4) In Part 2 (Northern Ireland), after paragraph 29 insert—

(29A) (1) An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation. (2) An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution. (3) An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders). (4) An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule. (5) An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008. (6) In this paragraph— - “EU financial sanctions Regulation” and “UN financial sanctions Resolution” have the same meanings as in Part 8 of the Policing and Crime Act 2017 (see section 143 of that Act); - “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

Avoidance of delay: temporary regulations

Implementation of UN financial sanctions Resolutions: temporary regulations

152

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

Content of regulations under section 152

153

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

Avoidance of delay: temporary listing

Linking of UN financial sanctions Resolutions with EU financial sanctions Regulations

154

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

Implementation of UN financial sanctions Resolutions: temporary listing

155

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

Power to extend to Bailiwick of Guernsey etc

Extension to the Bailiwick of Guernsey, Isle of Man and BOTs

156

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

Part 9 — Miscellaneous and general

CHAPTER 1 — Miscellaneous

Police collaboration

Power to enter into police collaboration agreements

157

• (1) The Police Act 1996 is amended in accordance with subsections (2) to (4).

• (2) In section 22A (collaboration agreements)—

• (a) in subsection (1)(b), for “and two or more policing bodies” substitute

and— (i) one or more policing bodies together with one or more other persons, or (ii) if no other person is a party to the agreement, two or more policing bodies.

;

• (b) in subsection (6), for “(1)” substitute “ (1)(a) ”.

• (3) In section 23F (collaboration agreements: guidance), after subsection (2) insert—

(3) The Secretary of State may give other persons who exercise functions of a public nature guidance about collaboration agreements or related matters, and those persons must have regard to the guidance in exercising such functions.

• (4) In section 23G (collaboration agreements: directions), after subsection (2) insert—

(2A) The Secretary of State may give one or more other persons who exercise functions of a public nature directions about collaboration agreements or related matters.

• (5) Schedule 19 contains amendments in relation to cases where the Director General of the National Crime Agency is a party to a collaboration agreement under section 22A of the Police Act 1996 (as amended by this section).

NCA powers

Powers of NCA officers in relation to customs matters

158

• (1) The Crime and Courts Act 2013 is amended as follows.

• (2) In section 9 (Director General: customs powers of Commissioners & operational powers)—

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

(ba) the powers of a general customs official;

;

• (b) in subsection (8), in the definition of “operational power”, after paragraph (b) insert—

(ba) a power of a general customs official;

.

• (3) In section 10 (operational powers of other NCA officers), in subsection (1) after paragraph (b) insert—

(ba) the powers of a general customs official;

.

• (4) In Schedule 5 (police, customs and immigration powers), after Part 5 (designation: powers of officers of Revenue and Customs) insert—

(18A) (1) If an NCA officer is designated as a person having the powers of a general customs official, the NCA officer has, in relation to any customs matter, the same powers as a general customs official would have. (2) But that is subject to any limitation included in the designation. (18B) If a power of a general customs official is exercisable both— (a) in relation to a customs matter, and (b) in relation to any other matter, the power is exercisable by a designated officer only in relation to the customs matter. (18C) (1) This paragraph applies to an enactment if it provides for the issuing of warrants which authorise a general customs official to exercise any power in relation to a customs matter. (2) For the purpose of enabling a designated officer to exercise that power in relation to a customs matter, the enactment has effect as if the designated officer were a general customs official.

• (5) In paragraph 26 of that Schedule (modification of references), after paragraph (c) insert—

(ca) a power of a general customs official is exercisable by any NCA officer, a reference to a general customs official in any enactment which relates to that power is to be taken to be, or to include, a reference to any NCA officer by whom that power is exercisable;

.

• (6) In paragraph 27 of that Schedule (power to make further provision), in sub-paragraph (2), after paragraph (d)(ii) insert—

(iia) one or more grades of, or pay scales applicable to, general customs officials;

.

• (7) In paragraph 28 of that Schedule (functions of third parties relating to constables etc: extension to NCA), in sub-paragraph (2), after paragraph (c) insert—

(ca) a general customs official,

.

Requirements to confirm nationality

Requirement to state nationality

159

In the UK Borders Act 2007, after section 43 (supply of police information) insert—

(43A) (1) An individual who is arrested for an offence must state his or her nationality if required to do so by an immigration officer or a constable in accordance with this section. (2) A requirement may be imposed on an individual under subsection (1) only if the immigration officer or constable suspects that the individual may not be a British citizen. (3) When imposing a requirement under subsection (1) the immigration officer or constable must inform the individual that an offence may be committed if the individual fails to comply with a requirement imposed under this section. (4) The immigration officer or constable must make a written record of the imposition of a requirement under subsection (1) as soon as practicable. (5) The written record is to be made in the presence of the individual where this is practicable. (43B) (1) A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed in accordance with section 43A, whether by providing false or incomplete information or by providing no information. (2) Information provided by a person in response to a requirement imposed in accordance with section 43A is not admissible in evidence in criminal proceedings against that person other than proceedings for an offence under this section. (3) A person who is guilty of an offence under subsection (1) is liable— (a) on summary conviction in England and Wales, to either or both of the following— (i) imprisonment for a term not exceeding 51 weeks (or 6 months if the offence was committed before the commencement of section 281(5) of the Criminal Justice Act 2003); (ii) a fine; (b) on summary conviction in Northern Ireland, to either or both of the following— (i) imprisonment for a term not exceeding 6 months; (ii) a fine not exceeding level 5 on the standard scale.

Requirement to produce nationality document

160

In the UK Borders Act 2007, after section 46 (seizure of nationality documents) insert—

(46A) (1) This section applies where— (a) an individual has been arrested on suspicion of the commission of an offence, and (b) the individual is to be released after arrest (whether or not on bail)— (i) before a decision is taken on whether the individual should be charged with an offence, or (ii) after being charged with an offence. (2) Before the individual is released an immigration officer or a constable may give the individual a notice requiring the production of a nationality document not later than 72 hours after the individual is released. (3) A notice may be given under subsection (2) only if the immigration officer or constable giving it suspects that the individual may not be a British citizen. (4) A notice under subsection (2) must be given in writing. (5) The notice must include statements that— (a) the individual to whom it is given must produce the nationality document not later than 72 hours after the individual is released, and (b) an offence may be committed if an individual fails to comply with a notice given under this section. (6) The notice must also set out— (a) the person to whom the document must be produced, and (b) the means by which the document must be produced. (7) In this section, and in sections 46B and 46C— - “nationality document” means a passport relating to the individual or, if there is no passport relating to the individual, one or more documents that enable the individual's nationality or citizenship to be established; - “passport” means— 1. a United Kingdom passport (within the meaning of the Immigration Act 1971), 2. a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom, or by or on behalf of an international organisation, or 3. a document that can be used (in some or all circumstances) instead of a passport. (46B) (1) An immigration officer or constable may retain a nationality document produced in response to a notice under section 46A (2) while the immigration officer or constable suspects that— (a) the individual to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and (b) retention of the document may facilitate the individual's removal. (2) Section 28I of the Immigration Act 1971 (seized material: access and copying) has effect in relation to a nationality document produced by an individual in response to a notice under section 46A (2) and retained by an immigration officer as if the nationality document had been seized when the individual had custody or control of it. (3) Section 21 of the Police and Criminal Evidence Act 1984 or Article 23 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (seized material: access and copying) has effect in relation to a nationality document produced by an individual in response to a notice under section 46A (2) and retained by a constable in England and Wales or Northern Ireland as if the nationality document had been seized when the individual had custody or control of it. (46C) (1) A person commits an offence if, without reasonable excuse, the person fails to comply with a notice given in accordance with section 46A. (2) The fact that a person deliberately destroyed or disposed of a nationality document is not a reasonable excuse for the purposes of subsection (1) unless the destruction or disposal was— (a) for a reasonable cause, or (b) beyond the control of the person charged with the offence. (3) In subsection (2)(a) “reasonable cause” does not include the purpose of— (a) delaying the handling or resolution of a claim or application or the taking of a decision, (b) increasing the chances of success of a claim or application, or (c) complying with instructions given by a person who offers advice about, or facilitates, immigration into the United Kingdom, unless in the circumstances of the case it is unreasonable to expect non-compliance with the instructions or advice. (4) A person who is guilty of an offence under subsection (1) is liable— (a) on summary conviction in England and Wales, to either or both of the following— (i) imprisonment for a term not exceeding 51 weeks (or 6 months if the offence was committed before the commencement of section 281(5) of the Criminal Justice Act 2003); (ii) a fine; (b) on summary conviction in Scotland, to either or both of the following— (i) imprisonment for a term not exceeding 12 months; (ii) a fine not exceeding level 5 on the standard scale; (c) on summary conviction in Northern Ireland, to either or both of the following— (i) imprisonment for a term not exceeding 6 months; (ii) a fine not exceeding level 5 on the standard scale.

Pilot schemes

161

• (1) The Secretary of State may by regulations made by statutory instrument provide for any provision of sections 159 and 160 to come into force for a period of time to be specified in or under the regulations for the purpose of assessing the effectiveness of the provision.

• (2) Regulations under subsection (1) may make different provision for different purposes or different areas.

• (3) More than one set of regulations may be made under subsection (1).

• (4) Provision included in regulations under subsection (1) does not affect the provision that may be included in relation to sections 159 and 160 in regulations under section 183 (commencement).

Requirement to give information in criminal proceedings

162

In the Courts Act 2003, after section 86 (alteration of place fixed for Crown Court trial) insert—

(86A) (1) A person who is a defendant in proceedings in a criminal court must provide his or her name, date of birth and nationality if required to do so at any stage of proceedings by the court. (2) Criminal Procedure Rules must specify the stages of proceedings at which requirements are to be imposed by virtue of subsection (1) (and may specify other stages of proceedings when such requirements may be imposed). (3) A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed by virtue of subsection (1), whether by providing false or incomplete information or by providing no information. (4) Information provided by a person in response to a requirement imposed by virtue of subsection (1) is not admissible in evidence in criminal proceedings against that person other than proceedings for an offence under this section. (5) A person guilty of an offence under subsection (3) is liable on summary conviction to either or both of the following— (a) imprisonment for a term not exceeding 51 weeks (or 6 months if the offence was committed before the commencement of section 281(5) of the Criminal Justice Act 2003), or (b) a fine. (6) The criminal court before which a person is required to provide his or her name, date of birth and nationality may deal with any suspected offence under subsection (3) at the same time as dealing with the offence for which the person was already before the court. (7) In this section a “criminal court” is, when dealing with any criminal cause or matter— (a) the Crown Court; (b) a magistrates' court.

Seizure etc of travel documents

Powers to seize etc invalid travel documents

163

• (1) Schedule 8 to the Anti-social Behaviour, Crime and Policing Act 2014 (Powers to seize invalid passports etc) is amended as follows.

• (2) For the italic heading before paragraph 3 substitute “ Powers of search and seizure etc: places other than ports ”.

• (3) In paragraph 3, for sub-paragraph (1) substitute—

(1) An examining officer who is a constable or a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 may exercise any of the powers under this paragraph, at a place that is not a port, if the examining officer reasonably believes that a person is in possession of a cancelled UK passport or an invalid non-UK travel document.

• (4) In that paragraph, in sub-paragraph (2)—

• (a) for “This paragraph applies to a passport” substitute “A passport is “a cancelled UK passport”;

• (b) at the end of paragraph (a) insert “ and ”;

• (c) omit the “and” at the end of paragraph (b);

• (d) omit paragraph (c).

• (5) After sub-paragraph (2) insert—

(2A) An invalid travel document is “an invalid non-UK travel document” if it is, or appears to be, a passport or other document which has been issued by or for the government of a state other than the United Kingdom.

• (6) In that paragraph—

• (a) in sub-paragraph (3)—

• (i) in paragraph (a), for “the constable” substitute “ the examining officer ”;

• (ii) in paragraph (b), for “the constable” substitute “ the examining officer ”;

• (iii) in paragraph (d), for “the constable believes” substitute “ the examining officer reasonably believes ”;

• (b) in sub-paragraph (4)—

• (i) in paragraph (c), for “the constable believes” substitute “ the examining officer reasonably believes ”;

• (ii) in paragraph (d), for “the constable” substitute “ the examining officer ”;

• (c) in sub-paragraph (5)—

• (i) in the opening words, for “A constable” substitute “ An examining officer ”;

• (ii) in sub-paragraph (b), for “the constable's behalf” substitute “ the examining officer's behalf ”.

• (7) After paragraph 3 insert—

(3A) (1) A constable may exercise any of the powers under this paragraph in relation to any premises, other than premises forming part of a port, if the constable reasonably believes that a cancelled UK passport or an invalid non-UK travel document is on the premises (whether or not in the possession of a person who is also on the premises). (2) The powers are— (a) to enter the premises; (b) to search the premises for travel documents and to take possession of any that the constable finds; (c) to inspect any travel document taken and to retain it while its validity is checked; (d) (subject to paragraph 4) to retain any travel document taken that the constable reasonably believes to be invalid. (3) A constable— (a) may if necessary use reasonable force for the purpose of exercising a power under this paragraph; (b) may authorise a person to carry out on the constable's behalf a search under this paragraph. (4) This paragraph does not affect any power of a constable under paragraph 3(3), (4)(a) to (c) or (5) in relation to a person on any premises entered under sub-paragraph (2)(a).

• (8) In paragraph 4 (retention or return of documents seized)—

• (a) in sub-paragraph (1), for “2(2)(c) or 3(3)(c)” substitute “ 2(2)(c), 3(3)(c) or 3A(2)(c) ”;

• (b) after sub-paragraph (2) insert—

(2A) If it is established that a travel document taken from any premises under paragraph 3A— (a) is valid, or (b) is invalid only because it has expired, it must be returned to the person to whom it was issued straight away.

;

• (c) after sub-paragraph (3) insert—

(3A) A travel document taken from premises under paragraph 3A must be returned to the person to whom it was issued before the end of the period of 7 days beginning with the day on which it was taken, unless during that period it is established that the document is invalid for some reason other than expiry.

;

• (d) in sub-paragraph (4), for “(2)(b) or (3)” substitute “ (2)(b), (2A), (3) or (3A) ”;

• (e) in that sub-paragraph, after “from whom he or she took the document” insert “ or (as the case may be) to whom it was issued ”;

• (f) in sub-paragraph (5), for “(2) or (3)” substitute “ (2), (2A), (3) or (3A) ”.

• (9) In paragraph 5 (offences), in sub-paragraph (2), for “a search under paragraph 2 or 3” substitute “ the exercise of a power of search under paragraph 2, 3 or 3A, or the exercise of a power of entry under paragraph 3A, ”.

• (10) In paragraph 6 (power of arrest), for “2” substitute “ 2 or 3 ”.

Pardons for certain abolished offences etc

Posthumous pardons for convictions etc of certain abolished offences: England and Wales

164

• (A1) Subsection (1) applies in relation to a person—

• (a) who was convicted of, or cautioned for, an offence in circumstances where the conduct constituting the offence was sexual activity between persons of the same sex, and

• (b) who died before the end of the period of twelve months beginning with—

• (i) the day on which section 194 of the Police, Crime, Sentencing and Courts Act 2022 comes into force, or

• (ii) if later, the day on which the offence referred to in paragraph (a) became an abolished offence (see subsection (1A)).

• (1) The person is pardoned for the offence if—

• (a) any other person involved in the sexual activity was aged 16 or over, and

• (b) the offence has become an abolished offence.

• (1A) An offence becomes an abolished offence at the point at which conditions A and B are first met.

• (1B) Condition A is that the offence has been repealed or, in the case of an offence at common law, abolished by enactment (whether or not it was re-enacted or replaced).

• (1C) Condition B is that the sexual activity referred to in subsection (A1)(a) would not, if occurring in the same circumstances, constitute an offence.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Subject to subsections (8) and (8A), the following provisions of section 101 of the Protection of Freedoms Act 2012 apply for the purposes of this section and section 167(1) (so far as relating to this section) as they apply for the purposes of Chapter 4 of Part 5 of that Act—

• (a) in subsection (1), the definitions of “caution”, “conviction”, and “sentence” (and the related definition of “service disciplinary proceedings”);

• (b) subsections (2) and (5) to (7) (but as if the reference in subsections (6A) and (6C) to section 92 were a reference to this section).

• (8) The definition of “service disciplinary proceedings” in section 101(1) of the 2012 Act applies in accordance with subsection (7) with the modification that it also includes any proceedings (whether in England and Wales or elsewhere) under—

• (a) 13 Chas. 2 c. 9 (1661) (An Act for the regulation and better government of the navy),

• (b) 22 Geo. 2 c. 33 (1749) (An Act for amending and consolidating the laws relating to the navy), ...

• (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) the Naval Discipline Act 1860, the Naval Discipline Act 1861 or the Naval Discipline Act 1864 , ...

• (ca) the Mutiny Act 1878, the Marine Mutiny Act 1878, any Act previously in force corresponding to either of those Acts or any relevant Articles of War, or

• (d) the Army Discipline and Regulation Act 1879.

• (8A) Section 101(6D) of the 2012 Act is to be read, in its application to this section by virtue of subsection (7) of this section, as if the enactments listed in that subsection included—

• (a) Article 2 of Section 20 of the Articles of War of 1749 (offences triable by courts martial outside Great Britain),

• (b) section 38 of the Naval Discipline Act 1860,

• (c) section 38 of the Naval Discipline Act 1861,

• (d) section 41 of the Naval Discipline Act 1864,

• (e) Article 93 of Section 2 of the Articles of War of 1876 (offences not specified in Marine Mutiny Act or Articles of War),

• (f) section 41 of the Army Discipline and Regulation Act 1879, and

• (g) any provision corresponding to the provision mentioned in paragraphs (a) or (e), contained in other relevant Articles of War.

• (9) Except in relation to service disciplinary proceedings, this section applies only in relation to persons convicted or cautioned in England and Wales.

• (10) In this section—

• “the Articles of War of 1749” means the Rules and Articles for the better government of His Majesty’s horse and foot guards (etc.), made under 23 Geo. 2 c. 4 (1749) (an Act for punishing mutiny and desertion; and for the better payment of the army and their quarters);

• “the Articles of War of 1876” means the Rules and Articles (etc.) for the better government of Her Majesty’s royal marine forces, made under the Marine Mutiny Act 1876;

• “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978);

• “relevant Articles of War” means Articles of War made under—the Mutiny Act 1878,the Marine Mutiny Act 1878, orany Act previously in force corresponding to either of those Acts.

• “sexual activity” includes—any physical or affectionate activity which is of a type characteristic of people involved in an intimate personal relationship, andconduct intended to lead to sexual activity.

• (11) Subsection (1) does not apply in relation to an offence for which the person has previously been pardoned under this section or section 165.

Other pardons for convictions etc of certain abolished offences: England and Wales

165

• (1) This section applies to a person who has been convicted of, or cautioned for, an offence in the circumstances mentioned in section 92(1) of the Protection of Freedoms Act 2012 and who is living at the time this section comes into force.

• (2) If, at the time this section comes into force, the person's conviction or caution has become a disregarded conviction or caution under Chapter 4 of Part 5 of the Protection of Freedoms Act 2012, the person is pardoned for the offence.

• (3) If, at any time after this section comes into force, the person's conviction or caution becomes a disregarded conviction or caution under Chapter 4 of Part 5 of the Protection of Freedoms Act 2012, the person is also pardoned for the offence at that time.

• (4) Expressions used in this section or section 167(1) (so far as relating to this section) and in Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 have the same meaning in this section or (as the case may be) section 167(1) as in that Chapter (see section 101 of that Act).

Power to provide for disregards and pardons for additional abolished offences: England and Wales

166

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

Sections 164 to 166: supplementary

167

• (1) A pardon under section 164 or 165... does not—

• (a) affect any conviction, caution or sentence, or

• (b) give rise to any right, entitlement or liability.

• (2) Nothing in this section or in section 164 or 165 ... affects the prerogative of mercy.

Disregarding certain convictions etc for abolished offences: Northern Ireland

168

• (1) After Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 (disregarding certain convictions for buggery etc) insert—

(101A) (1) A person who has in Northern Ireland been convicted of, or cautioned for, an offence under— (a) Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (buggery), (b) Article 7 of the Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/1536 (N.I. 19)) (procuring others to commit homosexual acts), (c) section 61 of the Offences against the Person Act 1861 (buggery), or (d) section 11 of the Criminal Law Amendment Act 1885 (indecent acts between men), may apply to the Department of Justice in Northern Ireland for the conviction or caution to become a disregarded conviction or caution. (2) A conviction or caution becomes a disregarded conviction or caution when conditions A and B are met. (3) In relation to an offence under Article 7 of the Homosexual Offences (Northern Ireland) Order 1982, Condition A is that the Department of Justice in Northern Ireland decides that it appears that— (a) the conduct procured was conduct involving persons who consented to it and were aged 17 or over (whether or not that conduct occurred), and (b) the conduct procured would not now be an offence under Article 75 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) (sexual activity in a public lavatory). (4) In relation to any other offence mentioned in subsection (1), Condition A is that the Department of Justice in Northern Ireland decides that it appears that— (a) the other person involved in the conduct constituting the offence consented to it and was aged 17 or over, and (b) any such conduct now would not be an offence under Article 75 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)). (5) Condition B is that— (a) the Department of Justice in Northern Ireland has given notice of the decision to the applicant under section 101C(4)(b), and (b) the period of 14 days beginning with the day on which the notice was given has ended. (6) Sections 101D to 101G explain the effect of a conviction or caution becoming a disregarded conviction or caution. (101B) (1) An application under section 101A must be in writing. (2) It must state— (a) the name, address and date of birth of the applicant, (b) the name and address of the applicant at the time of the conviction or caution, (c) so far as known to the applicant, the time when and the place where the conviction was made or the caution given and, for a conviction, the case number, and (d) such other information as the Department of Justice in Northern Ireland may require. (3) It may include representations by the applicant or written evidence about the matters mentioned in condition A in section 101A. (101C) (1) In considering whether to make a decision of the kind mentioned in condition A in section 101A, the Department of Justice in Northern Ireland must, in particular, consider— (a) any representations or evidence included in the application, and (b) any available record of the investigation of the offence and of any proceedings relating to it that the Department of Justice in Northern Ireland considers to be relevant. (2) The Department of Justice in Northern Ireland may not hold an oral hearing for the purpose of deciding whether to make a decision of the kind mentioned in condition A in section 101A. (3) Subsection (4) applies if the Department of Justice in Northern Ireland— (a) decides that it appears as mentioned in condition A in section 101A, or (b) makes a different decision in relation to the matters mentioned in that condition. (4) The Department of Justice in Northern Ireland must— (a) record the decision in writing, and (b) give notice of it to the applicant. (101D) (1) The Department of Justice in Northern Ireland must by notice direct the relevant data controller to delete details, contained in relevant official records, of a disregarded conviction or caution. (2) A notice under subsection (1) may be given at any time after condition A in section 101A is met but no deletion may have effect before condition B in that section is met. (3) Subject to that, the relevant data controller must delete the details as soon as reasonably practicable. (4) Having done so, the relevant data controller must give notice to the person who has the disregarded conviction or caution that the details of it have been deleted. (5) In this section— - “delete”, in relation to such relevant official records as may be prescribed, means record with the details of the conviction or caution concerned— 1. the fact that it is a disregarded conviction or caution, and 2. the effect of it being such a conviction or caution, - “the general names database” means the names database held by the Secretary of State for the use of constables, - “the Northern Ireland names database” means the names database maintained by the Department of Justice in Northern Ireland for the purpose of recording convictions and cautions, - “official records” means records containing information about persons convicted of, or cautioned for, offences and kept by any court, police force, government department or local or other public authority in Northern Ireland for the purposes of its functions, - “prescribed” means prescribed by order of the Department of Justice in Northern Ireland, - “relevant data controller” means— 1. in relation to the general names database or the Northern Ireland names database, the Chief Constable of the Police Service of Northern Ireland, 2. in relation to other relevant official records, such persons as may be prescribed, - “relevant official records” means— 1. the general names database, 2. the Northern Ireland names database, and 3. such other official records as may be prescribed. (6) An order under this section may make different provision for different purposes. (7) Any power to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). (8) A statutory rule containing an order under this section is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I))). (101E) (1) A person who has a disregarded conviction or caution is to be treated for all purposes in law as if the person has not— (a) committed the offence, (b) been charged with, or prosecuted for, the offence, (c) been convicted of the offence, (d) been sentenced for the offence, or (e) been cautioned for the offence. (2) In particular— (a) no evidence is to be admissible in any proceedings before a judicial authority exercising its jurisdiction or functions in Northern Ireland to prove that the person has done, or undergone, anything within subsection (1)(a) to (e), and (b) the person is not, in any such proceedings, to be asked (and, if asked, is not to be required to answer) any question relating to the person's past which cannot be answered without acknowledging or referring to the conviction or caution or any circumstances ancillary to it. (3) Where a question is put to a person, other than in such proceedings, seeking information with respect to the previous convictions, cautions, offences, conduct or circumstances of any person— (a) the question is to be treated as not relating to any disregarded conviction or caution, or any circumstances ancillary to it (and the answer to the question may be framed accordingly), and (b) the person questioned is not to be subjected to any liability or otherwise prejudiced in law by reason of any failure to acknowledge or disclose that conviction or caution or any circumstances ancillary to it in answering the question. (4) Any obligation imposed on any person by any enactment or rule of law or by the provisions of any agreement or arrangement to disclose any matters to any other person is not to extend to requiring the disclosure of a disregarded conviction or caution or any circumstances ancillary to it. (5) A disregarded conviction or caution, or any circumstances ancillary to it, is not a proper ground for— (a) dismissing or excluding a person from any office, profession, occupation or employment, or (b) prejudicing the person in any way in any office, profession, occupation or employment. (6) This section is subject to section 101F but otherwise applies despite any enactment or rule of law to the contrary. (7) See also section 101G (meaning of “proceedings before a judicial authority” and “circumstances ancillary to a conviction or caution”). (101F) Nothing in section 101E affects any right of Her Majesty, by virtue of Her Royal prerogative or otherwise, to grant a free pardon, to quash any conviction or sentence, or to commute any sentence. (101G) (1) In section 101E, “proceedings before a judicial authority” includes (in addition to proceedings before any of the ordinary courts of law) proceedings before any tribunal, body or person having power— (a) by virtue of any enactment, law, custom or practice, (b) under the rules governing any association, institution, profession, occupation or employment, or (c) under any provision of an agreement providing for arbitration with respect to questions arising under that agreement, to determine any question affecting the rights, privileges, obligations or liabilities of any person, or to receive evidence affecting the determination of any such question. (2) For the purposes of section 101E, circumstances ancillary to a conviction are any circumstances of— (a) the offence which was the subject of the conviction; (b) the conduct constituting the offence; (c) any process or proceedings preliminary to the conviction; (d) any sentence imposed in respect of the conviction; (e) any proceedings (whether by appeal or otherwise) for reviewing the conviction or any such sentence; (f) anything done in pursuance of, or undergone in compliance with, any such sentence. (3) For the purposes of section 101E, circumstances ancillary to a caution are any circumstances of— (a) the offence which was the subject of the caution; (b) the conduct constituting the offence; (c) any process preliminary to the caution (including consideration by any person of how to deal with the offence and the procedure for giving the caution); (d) any proceedings for the offence which take place before the caution is given; (e) anything which happens after the caution is given for the purposes of bringing any such proceedings to an end; (f) any judicial review proceedings relating to the caution. (101H) (1) The applicant may appeal to the High Court in Northern Ireland if— (a) the Department of Justice in Northern Ireland makes a decision of the kind mentioned in section 101C (3)(b), and (b) the High Court gives permission for an appeal against the decision. (2) On such an appeal, the High Court must make its decision only on the basis of the evidence that was available to the Department of Justice in Northern Ireland. (3) If the High Court decides that it appears as mentioned in condition A in section 101A, it must make an order to that effect. (4) Otherwise, it must dismiss the appeal. (5) A conviction or caution to which an order under subsection (3) relates becomes a disregarded conviction or caution when the period of 14 days beginning with the day on which the order was made has ended. (6) There is no appeal from a decision of the High Court under this section. (101I) (1) The Department of Justice in Northern Ireland may appoint persons to advise whether, in any case referred to them by the Department of Justice in Northern Ireland, the Department of Justice in Northern Ireland should decide as mentioned in condition A in section 101A. (2) The Department of Justice in Northern Ireland may disclose to a person so appointed such information (including anything within section 101C (1)(a) or (b)) as the Department of Justice considers relevant to the provision of such advice. (3) The Department of Justice in Northern Ireland may pay expenses and allowances to a person so appointed. (101J) (1) In this Chapter— - “caution” means a caution or a warning given to a person in Northern Ireland in respect of an offence which, at the time the caution or warning is given, that person has admitted, - “conviction” includes— 1. a conviction in respect of which an order has been made discharging the person concerned absolutely or conditionally, and 2. a finding in any criminal proceedings (including a finding linked with a finding of insanity) that a person has committed an offence or done the act or made the omission charged, - “disregarded caution” is a caution which has become a disregarded caution by virtue of this Chapter, - “disregarded conviction” is a conviction which has become a disregarded conviction by virtue of this Chapter, - “document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its provision or production include providing or producing a copy of the information in legible form, - “information” includes documents, - “notice” means notice in writing, - “official records” has the meaning given by section 101D(5). (2) Paragraph (a) of the definition of “conviction” applies despite Article 6 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (which deems a conviction of a person discharged not to be a conviction). (3) In this Chapter, a reference to an offence includes— (a) a reference to an attempt, conspiracy or incitement to commit that offence, and (b) a reference to aiding, abetting, counselling or procuring the commission of that offence. (4) In the case of an attempt, conspiracy or incitement, the references in this Chapter to the conduct constituting the offence are references to the conduct to which the attempt, conspiracy or incitement related (whether or not that conduct occurred). (5) For the purposes of subsections (3) and (4) an attempt to commit an offence includes conduct which— (a) consisted of frequenting with intent to commit the offence any river, canal, street, highway, place of public resort or other location mentioned in section 4 of the Vagrancy Act 1824 (as it then had effect) in connection with frequenting by suspected persons or reputed thiefs, and (b) was itself an offence under that section.

• (2) In Article 2 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27) (interpretation), after paragraph (3) insert—

(3A) This Order does not apply to any disregarded conviction or caution within the meaning of Chapter 5 of Part 5 of the Protection of Freedoms Act 2012. (3B) Accordingly, references in this Order to a conviction or caution do not include references to any such disregarded conviction or caution.

• (3) In the heading of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012, at the end insert “ : England and Wales ”.

• (4) In section 92 of that Act, after subsection (5) insert—

(6) Except in relation to service disciplinary proceedings, this section applies only in relation to persons convicted or cautioned in England and Wales.

Posthumous pardons for convictions etc of certain abolished offences: Northern Ireland

169

• (1) A person who has in Northern Ireland been convicted of, or cautioned for, an offence specified in subsection (2) and who has died before this section comes into force is pardoned for the offence if the conditions that apply under this section in relation to the offence are met.

• (2) The offences to which subsection (1) applies are—

• (a) an offence under Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (buggery);

• (b) an offence under Article 7 of the Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/1536 (N.I. 19)) (procuring others to commit homosexual acts);

• (c) an offence under any of the following earlier provisions—

• (i) 10 Chas. 1 sess. 2 c. 20 (1634) (an Act for the punishment of the vice of buggery);

• (ii) section 18 of 10 Geo. 4 c. 34 (1829) (an Act for consolidating and amending the statutes in Ireland relating to offences against the person) (buggery);

• (iii) section 61 of the Offences against the Person Act 1861 (buggery);

• (iv) section 11 of the Criminal Law Amendment Act 1885 (gross indecency between men).

• (3) In relation to an offence under Article 7 of the Homosexual Offences (Northern Ireland) Order 1982, the conditions that apply are that—

• (a) the conduct procured was conduct involving persons who consented to it and were aged 17 or over (whether or not that conduct occurred), and

• (b) the conduct procured would not now be an offence under Article 75 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) (sexual activity in a public lavatory).

• (4) In relation to any other offence mentioned in subsection (2), the conditions that apply are that—

• (a) the other person involved in the conduct constituting the offence consented to it and was aged 17 or over, and

• (b) any such conduct at the time this section comes into force would not be an offence under Article 75 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) (sexual activity in a public lavatory).

• (5) The following provisions of section 101J of the Protection of Freedoms Act 2012 apply for the purposes of this section and section 172(1) (so far as relating to this section) as they apply for the purposes of Chapter 5 of Part 5 of that Act—

• (a) in subsection (1), the definitions of “caution” and “conviction”;

• (b) subsections (2) to (5).

Other pardons for convictions etc of certain abolished offences: Northern Ireland

170

• (1) This section applies to a person who has in Northern Ireland been convicted of, or cautioned for, an offence mentioned in section 101A(1) of the Protection of Freedoms Act 2012 and who is living at the time this section comes into force.

• (2) If, at any time after this section comes into force, the person's conviction or caution becomes a disregarded conviction or caution under Chapter 5 of Part 5 of the Protection of Freedoms Act 2012, the person is also pardoned for the offence at that time.

• (3) Expressions used in this section or section 172(1) (so far as relating to this section) and in Chapter 5 of Part 5 of the Protection of Freedoms Act 2012 have the same meaning in this section or (as the case may be) section 172(1) as in that Chapter (see section 101J of that Act).

Power to provide for disregards and pardons for additional abolished offences: Northern Ireland