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Police, Crime, Sentencing and Courts Act 2022

Type Public General Act

Publication 2022-04-28

Last updated 2026-04-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(47ZZA) (1) Subsections (2) to (5) apply if— (a) a person has been arrested for an offence, and (b) a custody officer proposes to release the person on bail under this Part (except section 37C(2)(b) or 37CA(2)(b)). (2) If it is reasonably practicable to do so, the investigating officer must seek the views of the alleged victim (if any) of the offence on— (a) whether relevant conditions should be imposed on the person’s bail, and (b) if so, what relevant conditions should be imposed. (3) In this section “relevant condition”, in relation to an offence and an alleged victim of that offence, means a condition that relates to the safeguarding of the alleged victim. (4) The investigating officer must inform the custody officer of any views obtained under subsection (2). (5) If the person is granted bail subject to relevant conditions, the investigating officer must, if it is reasonably practicable to do so, notify the alleged victim of the offence of those conditions. (6) If the alleged victim of the offence appears to the investigating officer to be vulnerable, subsections (2) and (5) apply as if references to the alleged victim of the offence were to a person appearing to the officer to represent the alleged victim. (7) Subsections (8) to (11) apply if— (a) a person has been arrested for an offence, (b) the person has been released on bail under this Part subject to conditions, and (c) the person requests a custody officer to vary the conditions under section 3A(8) of the Bail Act 1976. (8) If it is reasonably practicable to do so, the investigating officer must seek the views of the alleged victim (if any) of the offence on— (a) whether any of the conditions that are relevant conditions should be varied, and (b) if so, what variations should be made to those conditions. (9) The investigating officer must inform the custody officer of any views obtained under subsection (8). (10) If any of the conditions which are relevant conditions are varied, the investigating officer must, if it is reasonably practicable to do so, notify the alleged victim of the variations. (11) If the alleged victim of the offence appears to the investigating officer to be vulnerable, subsections (8) and (10) apply as if references to the alleged victim of the offence were to a person appearing to the officer to represent the alleged victim. (12) In this section “investigating officer”, in relation to an offence, means the constable or other person in charge of the investigation of the offence. (13) For the purposes of this section a person (“P”) is an alleged victim of an offence if— (a) an allegation has been made to a constable or other person involved in the investigation of the offence that P has suffered physical, mental or emotional harm, or economic loss, which was directly caused by the offence, and (b) P is an individual. (14) For the purposes of this section an alleged victim of an offence is vulnerable if the alleged victim— (a) was aged under 18 at the time of the offence, or (b) may have difficulty understanding a communication from an investigating officer under this section, or communicating effectively in response to it, by reason of— (i) a physical disability or disorder, (ii) a mental disorder within the meaning of the Mental Health Act 1983, or (iii) a significant impairment of intelligence and social functioning.

Amendments to the Criminal Justice Act 2003 (c. 44)

23

In section 24B(3) of the Criminal Justice Act 2003 (arrest for failure to comply with conditions of conditional caution: application of PACE provisions)—

(a) before paragraph (a) insert—

(za) in section 30CA, omit subsections (4A) to (4D)

, and

(b) in paragraph (a), for the words from “in section 30CA(5)(a)” to “provision” substitute “in section 30CA(5), in paragraph (a) of the definition of “relevant officer”, for the reference to being involved in the investigation of the relevant offence”.

PART 4 — Limits on period of bail without charge

24

The Police and Criminal Evidence Act 1984 is amended as follows.

25

In section 30B(8) (notice of release under section 30A: bail end date), for “28 days” substitute “3 months”.

26

(1) Section 47ZB (applicable bail period: initial limit) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a)—

(i) for “SFO case” substitute “FCA case, HMRC case, NCA case or SFO case”, and

(ii) for “3 months” substitute “6 months”, and

(b) in paragraph (b)—

(i) for “in an FCA case or any other case” substitute “in any other case”, and

(ii) for “28 days” substitute “3 months”.

(3) In subsection (4)—

(a) in paragraph (b)(ii), for “a senior officer” substitute “a member of staff of that Authority who is of the description designated for the purposes of this sub-paragraph by the Chief Executive of that Authority”,

(b) after paragraph (b) insert—

(ba) an “HMRC case” is a case in which— (i) the relevant offence in relation to the person is being investigated by an officer of Revenue and Customs, and (ii) an officer of Revenue and Customs confirms that sub-paragraph (i) applies, (bb) an “NCA case” is a case in which— (i) the relevant offence in relation to the person is being investigated by the National Crime Agency, and (ii) a National Crime Agency officer confirms that sub-paragraph (i) applies,

(d) omit paragraph (d) and the “and” preceding that paragraph.

27

In section 47ZC (applicable bail period: conditions A to D in sections 47ZD to 47ZG), in subsection (6)—

(a) in paragraph (a), for “senior officer” substitute “relevant officer”,

(b) after paragraph (a) insert—

(aa) in relation to a condition which falls to be considered by virtue of section 47ZDA, the senior officer in question; (ab) in relation to a condition which falls to be considered by virtue of section 47ZDB, the appropriate decision-maker in question,

, and

28

(1) Section 47ZD (applicable bail period: extension of initial limit in standard cases) is amended as follows.

(2) In subsection (1)(c), for “senior officer” substitute “relevant officer”.

(3) In subsection (2)—

(a) for “senior officer” substitute “relevant officer”, and

(b) for “3 months” substitute “6 months”.

(4) In subsections (3) to (5), for “senior officer” substitute “relevant officer”.

(5) After subsection (5) insert—

(6) For the purposes of this Part “relevant officer” means a police officer of the rank of inspector or above.

29

After section 47ZD insert—

(47ZDA) (1) This section applies in relation to a person if— (a) a relevant officer has authorised an extension of the applicable bail period in relation to the person under section 47ZD, (b) that period has not ended, and (c) a senior officer is satisfied that conditions A to D are met in relation to the person. (2) The senior officer may authorise the applicable bail period in relation to the person to be extended so that it ends at the end of the period of 9 months beginning with the person’s bail start date. (3) Before determining whether to give an authorisation under subsection (2) in relation to a person, the senior officer must arrange for the person or the person’s legal representative to be informed that a determination is to be made. (4) In determining whether to give an authorisation under subsection (2) in relation to a person, the senior officer must consider any representations made by the person or the person’s legal representative. (5) The senior officer must arrange for the person or the person’s legal representative to be informed whether an authorisation under subsection (2) has been given in relation to the person. (6) For the purposes of this Part “senior officer” means a police officer of the rank of superintendent or above. (47ZDB) (1) This section applies in relation to a person if— (a) the applicable bail period in relation to a person is the period mentioned in section 47ZB(1)(a), (b) that period has not ended, and (c) an appropriate decision-maker is satisfied that conditions A to D are met in relation to the person. (2) The appropriate decision-maker may authorise the applicable bail period in relation to the person to be extended so that it ends at the end of the period of 12 months beginning with the person’s bail start date. (3) Before determining whether to give an authorisation under subsection (2) in relation to a person, the appropriate decision-maker must arrange for the person or the person’s legal representative to be informed that a determination is to be made. (4) In determining whether to give an authorisation under subsection (2) in relation to a person, the appropriate decision-maker must consider any representations made by the person or the person’s legal representative. (5) The appropriate decision-maker must arrange for the person or the person’s legal representative to be informed whether an authorisation under subsection (2) has been given in relation to the person. (6) For the purposes of this Part “appropriate decision-maker” means— (a) in an FCA case, a member of staff of the Financial Conduct Authority who is of the description designated for the purposes of this section by the Chief Executive of that Authority, (b) in an HMRC case, an officer of Revenue and Customs of a grade that is equivalent to the rank of superintendent or above, (c) in an NCA case, a National Crime Agency officer of a grade that is equivalent to the rank of superintendent or above, and (d) in an SFO case, a member of the Serious Fraud Office who is of the Senior Civil Service.

30

(1) Section 47ZE (applicable bail period: extension of limit in designated cases) is amended as follows.

(2) In subsection (1), for paragraphs (a) and (b) substitute “a senior officer has authorised an extension of the applicable bail period in relation to the person under section 47ZDA.”

(3) In subsection (2), for “A qualifying prosecutor” substitute “The Director of Public Prosecutions”.

(4) In subsection (3)—

(a) for “an appropriate decision-maker” substitute “a qualifying police officer”,

(b) for “the decision maker” substitute “the officer”, and

(5) Omit subsection (4).

(6) In subsection (5)—

(a) in paragraph (a), for “appropriate decision-maker” substitute “qualifying police officer”, and

(b) for paragraph (b) substitute—

(b) the qualifying police officer must consult the Director of Public Prosecutions.

(7) In subsections (6) and (7), for “appropriate decision-maker” substitute “qualifying police officer”.

(8) In subsection (9) omit the definition of “qualifying prosecutor” and the “and” immediately before that definition.

31

(1) Section 47ZF (applicable bail period: first extension of limit by court) is amended as follows.

(2) In subsection (1)—

(a) omit paragraph (a),

(b) in paragraph (b), for “section 47ZD” substitute “section 47ZDA”,

(ba) an appropriate decision-maker has authorised an extension of the applicable bail period in relation to the person under section 47ZDB,

, and

(d) in paragraph (c), for “an appropriate decision-maker” substitute “a qualifying police officer”.

(3) In subsection (4)—

(a) in paragraph (a)—

(i) for “subsection (1)(a) or (b)” substitute “subsection (1)(b)”, and

(ii) for “6 months” substitute “12 months”, and

(b) in paragraph (b)—

(i) for “subsection (1)(c)” substitute “subsection (1)(ba) or (c)”, and

(ii) for “9 months” substitute “18 months”.

(4) In subsection (6)—

(a) in paragraph (a)—

(i) for “subsection (1)(a) or (b)” substitute “subsection (1)(b)”, and

(ii) for “9 months” substitute “18 months”, and

(b) in paragraph (b)—

(i) for “subsection (1)(c)” substitute “subsection (1)(ba) or (c)”, and

(ii) for “12 months” substitute “24 months”.

(5) In subsection (8), after paragraph (b) insert—

(ba) an officer of Revenue and Customs, (bb) a National Crime Agency officer,

32

In section 47ZI (sections 47ZF to 47ZH: proceedings in magistrates’ court), in each of subsections (2)(a) and (3)(a), for “12 months” substitute “24 months”.

33

In section 47ZM(2) (applicable bail period: special case of release on bail under section 30A), for “28 days”, in both places, substitute “3 months”.

PART 5 — Police detention after arrest for breach of pre-charge bail etc

34

The Police and Criminal Evidence Act 1984 is amended as follows.

35

In section 41 (limits on period of detention without charge), after subsection (12) insert—

(13) Section 47(6) and (6A) makes further provision about the calculation of a period of police detention for the purposes of this Part.

36

In section 47 (bail after arrest), after subsection (6) insert—

(6A) Where a person has been arrested under section 46A above (other than in a case within subsection (1ZA) or (1ZB) of that section) the period of 3 hours beginning with the time at which the person arrives at a police station following the arrest is not to be included as part of any period of police detention which falls to be calculated in relation to the person under this Part of this Act.

PART 6 — Guidance on pre-charge bail

37

In the Police and Criminal Evidence Act 1984, after section 50A insert—

(50B) (1) The College of Policing may, with the approval of the Secretary of State, issue guidance on bail that is granted to a person under Part 3 or this Part (“pre-charge bail”). (2) Guidance on pre-charge bail may in particular cover— (a) the exercise of powers to release a person on pre-charge bail; (b) the exercise of powers to impose or vary conditions of pre-charge bail; (c) the exercise of powers to arrest a person— (i) for failing to answer pre-charge bail, or (ii) for breaching any conditions of pre-charge bail; (d) the exercise of powers to extend the period of pre-charge bail; (e) the duty to seek the views of alleged victims about conditions of pre-charge bail. (3) The College of Policing may, with the approval of the Secretary of State, from time to time revise the whole or any part of its guidance on pre-charge bail. (4) Before issuing or revising guidance on pre-charge bail, the College of Policing must consult— (a) the National Police Chiefs’ Council, (b) such persons as appear to the College to represent the views of local policing bodies, and (c) such other persons as the College thinks fit. (5) The Secretary of State must lay before Parliament any guidance on pre-charge bail issued by the College of Policing, and any revision of such guidance. (6) The Secretary of State is not required by subsection (5) to lay before Parliament, or may exclude from what is laid, anything the publication of which, in the opinion of the Secretary of State— (a) could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, or (b) could jeopardise the safety of any person. (7) A person who exercises functions relating to pre-charge bail must have regard to the guidance. (8) But subsection (7) does not apply to— (a) a member of the Serious Fraud Office, (b) a member of staff of the Financial Conduct Authority, (c) an officer of Revenue and Customs, or (d) a National Crime Agency officer. (9) A failure on the part of a person to whom subsection (7) applies to comply with the guidance does not of itself render the person liable to any criminal or civil proceedings. (10) But guidance on pre-charge bail is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to comply with it in determining a question in the proceedings.

SCHEDULE 5

1

The Crime (Overseas Production Orders) Act 2019 is amended as follows.

2

(1) Section 3 (meaning of “electronic data” and “excepted electronic data”) is amended as follows.

(2) In subsection (4), at the end insert “, other than communications data to which subsection (4A) applies”.

(3) After subsection (4) insert—

(4A) This subsection applies to communications data which is comprised in, included as part of, attached to or logically associated with electronic data which, apart from this subsection, may be specified or described in the application for the overseas production order.

3

In section 5(3) (content of order: requirements fulfilled by reference to part only of data sought) for “4(5) or (7)” substitute “4(5), (6) or (7)”.

4

(1) Section 9 (restrictions on service of order) is amended as follows.

(2) In subsection (2), after “the Secretary of State” insert “or a prescribed person”.

(3) In subsection (3), after “the Lord Advocate” insert “or a prescribed person”.

(4) In subsection (4)—

(a) for “The Secretary of State or, as the case may be, the Lord Advocate” substitute “A person”, and

(b) for “the Secretary of State or the Lord Advocate” substitute “that person”.

(5) After subsection (4) insert—

(5) In this section “prescribed person”— (a) in relation to an overseas production order made in England and Wales or Northern Ireland, means a person prescribed by regulations made by the Secretary of State; (b) in relation to an overseas production order made in Scotland, means a person prescribed by regulations made by the Lord Advocate.

5

(1) Section 14 (means of service) is amended as follows.

(2) In subsection (3)(d)—

(a) in sub-paragraph (i), after “the Secretary of State” insert “or a prescribed person”, and

(b) in sub-paragraph (ii), after “the Lord Advocate” insert “or a prescribed person”.

(3) After subsection (5) insert—

(6) In this section “prescribed person”— (a) in relation to an order, notice or other document made or issued in England and Wales or Northern Ireland, means a person prescribed by regulations made by the Secretary of State; (b) in relation to an order, notice or other document made or issued in Scotland, means a person prescribed by regulations made by the Lord Advocate.

6

In section 15(3) (modifications of section 9 in the case of an order made on application by the service police)—

(a) in paragraph (g)—

(i) omit the “and” at the end of sub-paragraph (i), and

(ii) at the end of sub-paragraph (ii) insert

, and (iii) subsection (5) defined “prescribed person” as a person prescribed by regulations made by the Secretary of State;

, and

(b) for paragraph (h) substitute—

(h) section 14 is to be read as if— (i) the reference in subsection (1)(c) to a court in England and Wales, Scotland or Northern Ireland included the Court Martial, (ii) subsection (3)(d) referred only to arrangements made by the Secretary of State or a prescribed person, and (iii) subsection (6) defined “prescribed person” as a person prescribed by regulations made by the Secretary of State.

7

(1) Section 17 (regulations) is amended as follows.

(2) In subsection (2), for “or 4(1)(b)” substitute “, 4(1)(b), 9(5) or 14(6)”.

(3) After subsection (5) insert—

(6) Regulations made by the Lord Advocate under section 9(5) or 14(6) are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

SCHEDULE 6

Making of orders by judge

1

(1) On an application made by a constable, a judge may make an order under paragraph 2 if the judge is satisfied that the following conditions are met.

(2) The first condition is that there are reasonable grounds for believing that material that consists of, or may relate to the location of, relevant human remains—

(a) is in the possession or control of a person specified in the application, or

(b) is on premises occupied or controlled by a person specified in the application.

(3) The second condition is that there are reasonable grounds for believing that the material consists of or includes excluded material or special procedure material.

(4) The third condition is that there are reasonable grounds for believing that the material does not consist of or include items subject to legal privilege.

(5) The fourth condition is that other methods of obtaining the material—

(a) have been tried without success, or

(b) have not been tried because it appeared that they were bound to fail.

(6) The fifth condition is that it is in the public interest, having regard—

(a) to the need to ensure that human remains are located and disposed of in a lawful manner, and

(b) to the circumstances under which the person in possession of the material holds it,

that the material should be produced or access to it should be given.

2

(1) An order under this paragraph is an order that, before the end of the relevant period, the person specified in the application must—

(a) produce the material to a constable for the constable to take it away, or

(b) give a constable access to it.

(2) In sub-paragraph (1) “the relevant period” means 7 days from the date of the order or such longer period as the order may specify.

3

Where the material consists of information stored in any electronic form—

(a) an order under paragraph 2 (1)(a) has effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible or legible form, and

(b) an order under paragraph 2 (1)(b) has effect as an order to give a constable access to the material in a form in which it is visible and legible.

4

For the purposes of sections 21 and 22 of the Police and Criminal Evidence Act 1984, material produced in pursuance of an order under paragraph 2 (1)(a) is to be treated as if it were material seized by a constable.

Notices of applications for orders

5

(1) An application for an order under paragraph 2 that relates to material that consists of or includes journalistic material is to be made inter partes.

(2) Notice of an application for an order under paragraph 2 that relates to such material may be served on a person—

(a) by delivering it to the person,

(b) by leaving it at the person’s proper address, or

(3) Notice of an application for an order under paragraph 2 that relates to such material may be served—

(a) on a body corporate, by serving it on the body’s secretary or clerk or other similar officer;

(b) on a partnership, by serving it on one of the partners.

(4) For the purposes of sub-paragraph (2), and of section 7 of the Interpretation Act 1978 in its application to that sub-paragraph, the proper address of a person—

(a) in the case of a secretary or clerk or other similar officer of a body corporate, is that of the registered or principal office of that body;

(b) in the case of a partner of a firm is that of the principal office of the firm;

6

(1) Where notice of an application for an order under paragraph 2 has been served on a person, the person must not conceal, destroy, alter or dispose of the material to which the application relates until sub-paragraph (2) applies except—

(a) with the leave of a judge, or

(b) with the written permission of a constable.

(2) This paragraph applies when—

(a) the application is dismissed or abandoned, or

(b) the person has complied with an order under paragraph 2 made on the application.

Failure to comply with order

7

(1) If a person fails to comply with an order under paragraph 2, a judge may deal with the person as if the person had committed a contempt of the Crown Court.

(2) Any enactment relating to contempt of the Crown Court has effect in relation to such a failure as if it were such a contempt.

Issue of warrants by judge

8

(1) On an application made by a constable, a judge may issue a warrant authorising a constable to enter and search premises if the judge is satisfied that the conditions in this paragraph are met.

(2) The first condition is that there are reasonable grounds for believing that there is material on the premises mentioned in sub-paragraph (5) below that consists of, or may relate to the location of, relevant human remains.

(3) The second condition is that each of the conditions set out in paragraph 1(3) to (6) is met in relation to the material.

(4) The third condition is that there are reasonable grounds for believing, in relation to each set of premises specified in the application—

(a) that it is not practicable to communicate with any person entitled to grant entry to the premises,

(b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the material,

(i) is subject to a restriction on disclosure or an obligation of secrecy contained in any enactment, including an enactment contained in an Act passed after this Act, and

(ii) is likely to be disclosed in breach of it if a warrant is not issued, or

(d) that service of notice of an application for an order under paragraph 2 may seriously prejudice the purpose of the search.

(5) The premises referred to in sub-paragraph (2) are—

(a) one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”), or

(b) any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

9

If the application is for an all premises warrant, the judge must also be satisfied—

(a) that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application, as well as those which are, in order to find the material in question, and

(b) that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched.

10

(1) The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the judge is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the judge issues the warrant.

(2) If the warrant authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.

11

A constable may—

(a) seize and retain anything for which a search has been authorised under paragraph 8, and

(b) if necessary, use reasonable force in the exercise of a power conferred by a warrant issued under that paragraph.

Procedural rules

12

Criminal Procedure Rules may make provision about proceedings under this Schedule, other than proceedings for an order under paragraph 2 that relates to material that consists of or includes journalistic material.

Costs

13

The costs of any application under this Schedule and of anything done or to be done in pursuance of an order made under it shall be in the discretion of the judge.

Interpretation

14

In this Schedule—

“journalistic material” has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 13 of that Act);

“judge” means a Circuit judge, a qualifying judge advocate (within the meaning of the Senior Courts Act 1981) or a District Judge (Magistrates’ Courts).

SCHEDULE 7

1

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

2

In the heading of Chapter 2 of Part 4, at the end insert “and expedited orders”.

3

In the italic heading before section 59, at the end insert “and expedited orders”.

4

In the heading of section 59 (power to make orders), before “orders” insert “public spaces protection”.

5

In the heading of section 60 (duration of orders), after “of” insert “public spaces protection”.

6

(1) Section 61 (variation and discharge of orders) is amended as follows.

(2) In subsection (1), in the words before paragraph (a), after “protection order” insert “or expedited order”.

(3) In subsection (2), for “make a variation under subsection (1)(a)” substitute “under subsection (1)(a) make a variation to a public spaces protection order”.

(4) After subsection (2) insert—

(2A) A local authority may under subsection (1)(a) make a variation to an expedited order that results in the order applying to an area to which it did not previously apply only if the conditions in section 59A(2) to (4) are met as regards that area.

(5) In subsection (3), after “59(5)” insert “or 59A(6) (as the case may be)”.

(6) In subsection (4), after “order” insert “or expedited order”.

7

(1) Section 62 (premises etc to which alcohol prohibition does not apply) is amended as follows.

(2) In subsection (1), in the words before paragraph (a), after “order” insert “or expedited order”.

(3) In subsection (2), in the words before paragraph (a), after “order” insert “or an expedited order”.

8

In section 63 (consumption of alcohol in breach of prohibition order), in subsection (1)—

(a) in paragraph (a), after “order” insert “or an expedited order”;

(b) in the words after paragraph (b) omit “public spaces protection”.

9

(1) Section 64 (orders restricting public right of way over highway) is amended as follows.

(2) In subsection (1), in the words before paragraph (a), after “order” insert “or expedited order”.

(3) After subsection (1) insert—

(1A) Before making a public spaces protection order that restricts the public right of way over a highway, a local authority must take the prior consultation steps (see subsection (2)). (1B) A local authority may not make an expedited order that restricts the public right of way over a highway unless it— (a) takes the prior consultation steps before making the order, or (b) takes the subsequent consultation steps (see subsection (2A)) as soon as reasonably practicable after making the order.

(4) In subsection (2), for the words from “Before” to “must” substitute “To take the “prior consultation steps” in relation to an order means to”.

(5) After subsection (2) insert—

(2A) To take the “subsequent consultation steps” in relation to an expedited order means to— (a) notify potentially affected persons of the order, (b) invite those persons to make representations within a specified period about the terms and effects of the order, (c) inform those persons how they can see a copy of the order, and (d) consider any representations made. The definition of “potentially affected persons” in subsection (2) applies to this subsection as if the reference there to “the proposed order” were to “the order”.

(6) After subsection (3) insert—

(3B) Where a local authority proposes to make an expedited order restricting the public right of way over a highway that is also within the area of another local authority it must, if it thinks appropriate to do so, consult that other authority before, or as soon as reasonably practicable after, making the order.

(7) In subsections (4), (5), (6), (7) and (8), after “order” insert “or expedited order”.

10

In section 65 (categories of highway over which public right of way may not be restricted), in subsection (1), in the words before paragraph (a), after “order” insert “or an expedited order”.

11

(1) Section 66 (challenging validity of orders) is amended as follows.

(2) In subsections (1) and (6), after “public spaces protection order”, in each place it occurs, insert “or an expedited order”.

(3) In subsection (7), in the words before paragraph (a)—

(a) after “order”, in the first place it occurs, insert “or an expedited order”;

(b) for “a public spaces protection”, in the second place it occurs, substitute “such an”.

12

(1) Section 67 (offence of failing to comply with order) is amended as follows.

(2) In subsections (1) and (4), after “order”, in each place it occurs, insert “or an expedited order”.

(3) In subsection (3), after “order” insert “or expedited order”.

13

(1) Section 68 (fixed penalty notices) is amended as follows.

(2) In subsection (1), at the end insert “or an expedited order”.

(3) In subsection (3), at the end insert “or expedited order”.

14

In section 70 (byelaws), after “protection order” insert “or an expedited order”.

15

(1) Section 71 (bodies other than local authorities with statutory functions in relation to land) is amended as follows.

(2) In subsections (3) to (5), after “public spaces protection order”, in each place it occurs, insert “or an expedited order”.

(3) In subsection (6)—

(a) in paragraph (a), after “order” insert “or expedited order”;

(b) in paragraph (b)(i), after “order” insert “, or an expedited order,”.

16

In the heading of section 72 (Convention rights, consultation, publicity and notification), at the beginning insert “Public spaces protection orders:”

17

(1) Section 74 (interpretation of Chapter 2 of Part 4) is amended as follows.

(2) In subsection (1)—

(a) at the appropriate places insert—

“16 to 19 Academy” has the meaning given by section 1B of the Academies Act 2010;

;

“expedited order” has the meaning given by section 59A(1);

;

“Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;

;

“NHS body” has the meaning given in section 275 of the National Health Service Act 2006;

;

“school” has the meaning given by section 4 of the Education Act 1996.

;

(b) for the definition of “restricted area” substitute—

“restricted area”—in relation to a public spaces protection order, has the meaning given by section 59(4);in relation to an expedited order, has the meaning given by section 59A(5).

(3) After subsection (2) insert—

(3) For the purposes of this Chapter, an expedited order “regulates” an activity if the activity is— (a) prohibited by virtue of section 59A(5)(a), or (b) subjected to requirements by virtue of section 59A(5)(b), whether or not for all persons and at all times.

SCHEDULE 8

Road Traffic Act 1988 (c. 52)

1

(1) The Road Traffic Act 1988 is amended as follows.

(2) In section 12E (effect of motor race order), in the table in subsection (3)—

(a) after the entry relating to section 2B of the Road Traffic Act 1988 (causing death by careless, or inconsiderate, driving), insert—

Section 2C	Causing serious injury by careless, or inconsiderate, driving

(b) in the entry relating to section 3ZB (causing death by driving: unlicensed, disqualified or uninsured drivers), in the second column omit “, disqualified”, and

Section 3ZC	Causing death by driving: disqualified drivers
Section 3ZD	Causing serious injury by driving: disqualified drivers

(3) In section 12H (races and trials of speed in Scotland: further provision), in subsection (3), after “2B” insert “, 2C”.

(4) In section 13A(1) (disapplication of sections 1 to 3 for authorised motoring events), after “2B” insert “, 2C”.

Road Traffic Offenders Act 1988 (c. 55)

2

(1) The Road Traffic Offenders Act 1988 is amended as follows.

(2) In section 24 (alternative verdicts: general), in subsection (1), in the table—

(a) in the entry relating to section 1A of the Road Traffic Act 1988 (causing serious injury by dangerous driving), in the second column, after “Section 2 (dangerous driving)” insert “Section 2C (causing serious injury by careless, or inconsiderate, driving)”, and

(b) after the entry relating to section 2B of that Act (causing death by careless, or inconsiderate, driving), insert—

Section 2C (causing serious injury by careless, or inconsiderate, driving)	Section 3 (careless, and inconsiderate, driving

(3) In Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply), in the table after paragraph 4, after the entry relating to section 2B of the Road Traffic Act 1988 (causing death by careless, or inconsiderate, driving) insert—

RTA section 2C	Causing serious injury by careless, or inconsiderate, driving	Sections 11 and 12(1) of this Act

Crime (International Co-operation) Act 2003 (c. 32)

3

In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act 2003 (application of duty to give notice of driving disqualification to Republic of Ireland), after sub-paragraph (ba) insert—

(bb) section 2C (causing serious injury by careless, or inconsiderate, driving),

Armed Forces Act 2006 (c. 52)

4

In paragraph 12(aj) of Schedule 2 to the Armed Forces Act 2006 (road traffic offences in relation to which duty to notify service police of possible corresponding service offence arises)—

(a) after “1A,” insert “2C,”, and

(b) after “injury by dangerous driving,” insert “causing serious injury by careless, or inconsiderate, driving,”.

SCHEDULE 9

1

The Road Traffic (New Drivers) Act 1995 is amended as follows.

2

(1) Section 2 (surrender of licences) is amended as follows.

(2) For the heading substitute “Persons to whom section 3(1) applies”.

(3) Before subsection (1), insert—

(A1) Section 3(1) (revocation of licences) applies to a person who— (a) is the holder of a licence, and (b) satisfies the conditions in subsection (1) or (3).

(4) In subsection (1)—

(a) for “Subsection (2) applies where—” substitute “A person satisfies the conditions in this subsection if—”;

(b) omit paragraph (a);

(d) after paragraph (d), insert—

(da) the Secretary of State is required under section 44A(2) of that Act to endorse the person’s driving record with particulars of the offence and the penalty points to be attributed to it;

;

(e) in paragraph (e)—

(i) after “person’s” insert “driving record or”;

(ii) omit “, or that date has been shown by other evidence in the proceedings”;

(f) in paragraph (f), for “court” substitute “Secretary of State”.

(5) Omit subsection (2).

(6) In subsection (3)—

(a) for “Subsection (4) applies where—” substitute “A person satisfies the conditions in this subsection if—”;

(b) for paragraph (a), substitute—

(a) the person has been given a fixed penalty notice under section 54 of the Road Traffic Offenders Act 1988 or a conditional offer has been issued to the person under section 75 of that Act;

;

(c) the Secretary of State is required under section 57A(5) or 77A(2) of that Act to endorse the person’s driving record with particulars of the offence and the penalty points to be attributed to it;

;

(d) in paragraph (d), for “appropriate person” substitute “Secretary of State”;

(e) in paragraph (e), after the first “the” insert “person’s driving record or”;

(f) in paragraph (f), for “appropriate person” substitute “Secretary of State”.

(7) Omit subsection (4).

(8) Omit subsection (7).

3

(1) Section 3 (revocation of licences) is amended as follows.

(2) For subsection (1) substitute—

(1) The Secretary of State must, in the case of a person to whom this subsection applies (see section 2), by notice served on the person revoke the person’s licence.

(3) Omit subsection (1ZA).

(4) In subsection (1A)—

(a) in the words before paragraph (a), omit “or (1ZA)”;

(b) in paragraph (b), at the beginning insert “if the Secretary of State is already in receipt of it,”.

(5) In subsection (1B), omit “or (1ZA)”.

4

After section 3 insert—

(3A) (1) Where— (a) the Secretary of State is required under section 3(1) or (1B) to serve a notice on a person revoking the person’s licence, and (b) the Secretary of State is not already in receipt of the licence, the notice may also require the person to surrender the licence to the Secretary of State before the end of the period of 28 days beginning with the date on which the notice is served. (2) A person who, without reasonable excuse, fails to comply with a requirement imposed under subsection (1)— (a) is guilty of an offence, and (b) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (3) Where the Secretary of State receives a Northern Ireland licence pursuant to a requirement to surrender it imposed under subsection (1), the Secretary of State must send it to the licensing authority in Northern Ireland.

5

In section 9, for subsection (5) (interpretation: address for sending licences, test certificates etc) substitute—

(5) Any requirement under any provision of this Act that— (a) a licence, a test certificate or a notice must be sent to the Secretary of State, or (b) a licence or a test certificate must be surrendered to the Secretary of State, is a requirement that the licence, test certificate or notice must be sent, or the licence or test certificate must be surrendered, to the Secretary of State at such address as the Secretary of State may determine.

6

(1) Schedule 1 (newly qualified drivers holding test certificates) is amended as follows.

(2) Omit—

(a) paragraph 1(2A);

(b) paragraph 2(1);

(d) paragraph 4 and the italic heading before it.

(3) In paragraph 5—

(a) for sub-paragraph (1) substitute—

(1) Where— (a) there is a person to whom this Part of this Schedule applies, (b) the person satisfies the conditions in section 2(1)(b) to (da) and (f) or (3)(a) to (d) and (f), (c) the Secretary of State is satisfied that the person has been issued with a test certificate, and (d) the person’s driving record, licence or test certificate shows the date on which the person became a qualified driver, the Secretary of State must by notice served on the person revoke the person’s test certificate and this sub-paragraph applies to the person instead of section 3(1).

;

(b) omit sub-paragraph (1ZA);

(i) omit “or (1ZA)”;

(ii) after “with” insert “, if the Secretary of State is already in receipt of it,”;

(d) in sub-paragraph (1B), omit “or (1ZA)”.

(4) After paragraph 5 insert—

(5A) (1) Where— (a) the Secretary of State is required under paragraph 5(1) or (1B) to serve a notice on a person revoking the person’s test certificate, and (b) the Secretary of State is not already in receipt of the test certificate, the notice may also require the person to surrender the test certificate to the Secretary of State before the end of the period of 28 days beginning with the date on which the notice is served. (2) A person who, without reasonable excuse, fails to comply with a requirement imposed under sub-paragraph (1)— (a) is guilty of an offence, and (b) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (3) Where the Secretary of State receives a Northern Ireland test certificate pursuant to a requirement to surrender it imposed under sub-paragraph (1), the Secretary of State must send it to the licensing authority in Northern Ireland.

(5) In paragraph 6(1), omit “or (1ZA)”.

(6) Omit paragraph 7 and the italic heading before it.

(7) In paragraph 8—

(a) for sub-paragraph (1) substitute—

(1) Where— (a) there is a person to whom this Part of this Schedule applies, (b) the person satisfies the conditions in section 2(1)(b) to (da) and (f) or (3)(a) to (d) and (f), (c) the Secretary of State is satisfied that the person has been issued with a test certificate, and (d) the person’s driving record, licence or test certificate shows the date on which the person became a qualified driver, the Secretary of State must by notice served on the person revoke the person’s licence and test certificate and this sub-paragraph applies to the person instead of section 3(1).

;

(b) omit sub-paragraph (1ZA);

(i) omit “or (1ZA)”, and

(ii) for “the Northern Ireland licence and the Northern Ireland test certificate” substitute

— (a) if the Secretary of State is already in receipt of it, the Northern Ireland licence, and (b) if the Secretary of State is already in receipt of it, the Northern Ireland test certificate.

;

(d) in sub-paragraph (1B), omit “or (1ZA)”.

(8) After paragraph 8 insert—

(8A) (1) Where— (a) the Secretary of State is required under paragraph 8(1) or (1B) to serve a notice on a person revoking the person’s licence and test certificate, and (b) the Secretary of State is not already in receipt of the licence or test certificate, the notice may also require the person to surrender the licence, or test certificate, or both (as the case may be) to the Secretary of State before the end of the period of 28 days beginning with the date on which the notice is served. (2) A person who, without reasonable excuse, fails to comply with a requirement imposed under sub-paragraph (1)— (a) is guilty of an offence, and (b) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (3) Where the Secretary of State receives a Northern Ireland licence or a Northern Ireland test certificate pursuant to a requirement to surrender it imposed under sub-paragraph (1), the Secretary of State must send it to the licensing authority in Northern Ireland.

(9) In paragraph 9(1), omit “or (1ZA)”.

(10) In paragraph 10(a), omit “or (1ZA)” in both places.

SCHEDULE 10

PART 1 — Amendments to the Road Traffic Offenders Act 1988

1

The Road Traffic Offenders Act 1988 is amended as follows.

2

(1) Section 2 (requirement of warning etc: supplementary) is amended as follows.

(2) In subsection (2)—

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

(b) omit paragraph (b).

3

(1) Section 26 (interim disqualification) is amended as follows.

(2) In subsection (8), omit “has not caused it to be delivered, or has not posted it, in accordance with section 7 of this Act and”.

(3) In subsection (9)—

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

(b) omit paragraph (b).

4

(1) Section 27 (production of licence) is amended as follows.

(2) In subsection (3), omit “has not caused it to be delivered, or posted it, in accordance with section 7 of this Act and”.

(3) Omit subsection (4) (which has already been repealed as it extends to Scotland).

(4) Omit subsections (4A) and (5).

5

(1) Section 47 (supplementary provisions as to disqualifications and endorsements) is amended as follows.

(2) In subsection (2), omit “a court orders the endorsement of a person’s driving record it may, and where”.

(3) Omit subsection (2A).

6

Omit section 56 (licence receipts).

7

(1) Section 57A (endorsement of driving records without hearings) is amended as follows.

(2) In subsection (3)—

(a) after “penalty is made” insert “in accordance with this Part”;

(b) omit “and return to that person any licence surrendered by him under section 54 of this Act”.

(3) In subsection (4), omit “and return to that person any licence surrendered by him under section 54 of this Act”.

(4) In subsection (5)(b), after “him” insert “in accordance with this Part”.

8

(1) Section 61A (fixed penalty notice mistakenly given: exclusion of fixed penalty procedures) is amended as follows.

(2) In subsection (3), omit “and send the chief officer of police any licence sent to him under section 54(7) of this Act”.

9

(1) Section 69 (payment of penalty) is amended as follows.

(2) In subsection (1), omit “or authorised person”.

10

(1) Section 70 (registration certificates) is amended as follows.

(2) In subsection (2A)(a), omit “or given by an authorised person”.

(3) In subsection (3A)(a), omit “or given by an authorised person”.

11

(1) Section 79 (statements by constables) is amended as follows.

(2) In subsection (1), omit “or a notice under section 54(5) of this Act”.

(3) In subsection (6)—

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

(b) omit paragraph (b).

12

In section 80 (certificates about payment)—

(a) in the heading, after “payment” insert “etc”;

(b) after paragraph (b) insert

, or (c) that the identification requirements specified in section 69(3C) or 75(8B) have been fulfilled,

;

13

(1) In section 84(a) (regulations), omit “54(5), 56,”.

(2) The reference in sub-paragraph (1) of this paragraph to section 84(a) is to be read as a reference to section 84(1)(a), if the condition in sub-paragraph (3) is met.

(3) The condition is that section 16(3) of the Domestic Violence, Crime and Victims Act 2004 (which amends section 84) comes into force before the repeal of section 54(5) of the Road Traffic Offenders Act 1988 made by section 93(3)(b) of this Act.

14

(1) Section 89 (interpretation) is amended as follows.

(2) In subsection (1), omit the definition of “authorised person”.

(3) In subsection (1), in the definition of “chief officer of police”, omit “(except in the definition of “authorised person”)”.

15

(1) Section 90 (index to Part 3) is amended as follows.

(2) In the table, omit the entry for “authorised person”.

16

In section 91ZA(1) (application to Northern Ireland licence holders), after paragraph (c) insert—

(ca) section 37A,

17

In section 91A(1) (application to Community licence holders)—

(a) omit “and (9)(b),”;

(b) for “and 27” substitute “, 27 and 37A”.

18

(1) Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply) is amended as follows.

(2) In paragraph 2(a), after “section” insert “37A or”.

(3) In paragraph 2(d)—

(a) after “under” insert “section 3A(2) or”;

(b) for “3(5)” substitute “5A(2) or 8A(2)”.

19

In Part 1 of Schedule 2 (prosecution and punishment of offences), in the entry relating to section 27 of the Road Traffic Offenders Act 1988, for the words in column 2 (general nature of offence) substitute—

	Failing to produce licence to court when required to do so.

PART 2 — Amendments to other Acts

Road Traffic Act 1988 (c. 52)

20

The Road Traffic Act 1988 is amended as follows.

21

In section 93 (revocation of licence because of disability or prospective disability), omit subsection (4).

22

In section 99 (duration of licences), omit subsection (6).

23

(1) Section 164 (power of constables to require production of driving licence and in certain cases statement of date of birth) is amended as follows.

(2) After subsection (5), insert—

(5A) If a person is required to surrender the person’s licence or test certificate to the Secretary of State under— (a) section 37A of the Road Traffic Offenders Act 1988, or (b) section 3A of, or paragraph 5A or 8A of Schedule 1 to, the Road Traffic (New Drivers) Act 1995, and fails to do so, a constable or vehicle examiner may require the person to produce the licence or test certificate and, upon its being produced, may seize it and deliver it to the Secretary of State. (5B) In subsection (5A), “test certificate” has the same meaning as in Schedule 1 to the Road Traffic (New Drivers) Act 1995.

(3) In subsection (6), for “(7) to” substitute “(8) and”.

(4) Omit subsection (7).

24

In section 166 (powers of certain officers as respects goods vehicles and passenger-carrying vehicles), for “164(1) or (3)” substitute “164(1), (3) or (5A)”.

Crime (International Co-operation) Act 2003 (c. 32)

25

In section 63 of the Crime (International Co-operation) Act 2003 (production of licence: Great Britain), omit subsection (3).

PART 3 — Consequential repeals of amending enactments

Road Traffic (New Drivers) Act 1995 (c. 13)

26

In Schedule 2 to the Road Traffic (New Drivers) Act 1995, omit paragraph 4 (which amends section 47 of the Road Traffic Offenders Act 1988).

Access to Justice Act 1999 (c. 22)

27

In Schedule 13 to the Access to Justice Act 1999, omit—

(a) paragraph 141 (which amends section 7 of the Road Traffic Offenders Act 1988);

(b) paragraph 144 (which amends section 27 of that Act);

Police Reform Act 2002 (c. 30)

28

In section 76 of the Police Reform Act 2002, omit subsection (2) (which amends section 54 of the Road Traffic Offenders Act 1988).

Courts Act 2003 (c. 39)

29

In Schedule 8 to the Courts Act 2003, omit—

(a) paragraph 310 (which amends section 7 of the Road Traffic Offenders Act 1988);

(b) paragraph 313 (which amends section 27 of that Act);

Road Safety Act 2006 (c. 49)

30

The Road Safety Act 2006 is amended as follows.

31

In section 10, omit—

(a) subsections (5) and (6) (which amend section 54 of the Road Traffic Offenders Act 1988);

(b) subsections (10) and (11) (which amend section 57A of that Act).

32

In Schedule 1, omit—

(a) paragraph 3(8) (which amends section 54 of the Road Traffic Offenders Act 1988);

(b) paragraph 4 (which amends section 56 of that Act);

(d) paragraph 25 (which amends section 2 of the Road Traffic (New Drivers) Act 1995);

(e) paragraph 26(3) and (4) (which amend section 3 of that Act);

(f) paragraph 27(2), (3), (4), (5)(a) and (b), (6), (7), (8)(a) and (b), (9) and (10) (which amend Schedule 1 to that Act).

33

In Schedule 2, omit paragraph 25(2)(b) (which amends section 76 of the Road Traffic Offenders Act 1988).

34

In Schedule 3, omit—

(a) paragraph 5(3) and (4) (which amend section 93 of the Road Traffic Act 1988);

(b) paragraph 9(5) (which amends section 99 of that Act);

(d) paragraph 32(3) and (4) (which amend section 26 of the Road Traffic Offenders Act 1988);

(e) paragraph 33(5) (which amends section 27 of that Act);

(f) paragraph 44(3) (which amends section 47 of that Act);

(g) paragraph 46 (which amends section 56 of that Act);

(h) paragraph 49(3) (which amends section 61A of that Act);

(i) paragraph 54 (which amends section 77A of that Act);

(j) paragraph 67(2), (3)(a) and (b) and (4) (which amend section 2 of the Road Traffic (New Drivers) Act 1995);

(k) paragraph 68 (which amends section 3 of that Act);

(l) paragraph 70 (which amends Schedule 1 to that Act).

Criminal Justice and Courts Act 2015 (c. 2)

35

In Schedule 11 to the Criminal Justice and Courts Act 2015, omit—

(a) paragraph 9 (which amends section 7 of the Road Traffic Offenders Act 1988);

(b) paragraph 11 (which amends section 27 of that Act).

SCHEDULE 11

Rehabilitation of Offenders Act 1974 (c. 53)

1

The Rehabilitation of Offenders Act 1974 is amended as follows.

2

In section 8A (protection afforded to spent cautions), in subsection (2)—

(a) for paragraph (a) substitute—

(aa) a diversionary caution under Part 6 of the Police, Crime, Sentencing and Courts Act 2022; (ab) a community caution under that Part of that Act; (ac) a caution given under section 22 of the Criminal Justice Act 2003 (conditional cautions) in respect of an offence committed before the coming into force of section 118 of the Police, Crime, Sentencing and Courts Act 2022; (ad) a caution given under section 66A of the Crime and Disorder Act 1998 (conditional cautions for children and young persons);

;

(b) in paragraph (d), for “(a) or” substitute “(aa) to”.

3

(1) Schedule 2 (protection for spent cautions) is amended as follows.

(2) In paragraph 1(1)(a), for the words from “conditional” to “section 8A(2)(a))” substitute “caution referred to in section 8A(2)(aa), (ac) or (ad)”.

(3) In paragraph 2(1)(f), for “conditional caution” substitute “caution referred to in section 8A(2)(aa) to (ad)”.

Bail Act 1976 (c. 63)

4

The Bail Act 1976 is amended as follows.

5

In section 3A (conditions of bail in case of police bail), in subsection (1), for “Part 3 of the Criminal Justice Act 2003” substitute “Part 6 of the Police, Crime, Sentencing and Courts Act 2022”.

6

In section 5A (supplementary provision in case of police bail), in subsection (1), for “Part 3 of the Criminal Justice Act 2003” substitute “Part 6 of the Police, Crime, Sentencing and Courts Act 2022”.

7

Paragraphs 5 and 6 do not affect the operation of the Bail Act 1976 in relation to bail granted under Part 3 of the Criminal Justice Act 2003 in relation to offences committed before the day on which section 118(2) comes into force.

Matrimonial and Family Proceedings Act 1984 (c. 42)

8

In section 31R of the Matrimonial and Family Proceedings Act 1984 (prohibition of cross-examination in person: victims of offences), in subsection (5), in paragraph (a) of the definition of “caution”, for sub-paragraph (i) substitute—

(i) a diversionary caution or community caution given under Part 6 of the Police, Crime, Sentencing and Courts Act 2022, (ia) a caution given under section 22 of the Criminal Justice Act 2003 (conditional cautions) in respect of an offence committed before the coming into force of section 118 of the Police, Crime, Sentencing and Courts Act 2022,

Police Act 1997 (c. 50)

9

The Police Act 1997 is amended as follows.

10

(1) Section 112 (criminal conviction certificates) is amended as follows.

(2) In subsection (2), in paragraphs (a) and (b), for “conditional” substitute “relevant”.

(3) In subsection (3)—

(a) in the definition of “central records” for “conditional” substitute “relevant”;

(b) omit the definition of “conditional caution”;

“relevant caution” means—a diversionary caution given under Part 6 of the Police, Crime, Sentencing and Courts Act 2022,a caution given under section 22 of the Criminal Justice Act 2003 (conditional cautions) in respect of an offence committed before the coming into force of section 118 of the Police, Crime, Sentencing and Courts Act 2022, ora caution given under section 66A of the Crime and Disorder Act 1998,other than one that is spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974;

11

(1) Section 116A (up-dating certificates) is amended as follows.

(2) In subsection (10), in paragraph (a), for “conditional cautions” substitute “relevant cautions”.

(3) In subsection (11), after the definition of “exempted question” insert—

“relevant caution” has the same meaning as in section 112;

Police and Criminal Evidence Act 1984 (c. 60)

12

The Police and Criminal Evidence Act 1984 is amended as follows.

13

In section 34 (limitation on police detention), in subsection (5E)—

(a) for “includes” substitute “means”;

(b) for paragraph (a) substitute—

(a) a diversionary or community caution under Part 6 of the Police, Crime, Sentencing and Courts Act 2022;

14

In section 37B (consultation with DPP), in subsection (7), for “section 17 of the Criminal Justice and Courts Act 2015” substitute “any restriction on the giving of the caution under Part 6 of the Police, Crime, Sentencing and Courts Act 2022”.

15

In section 60B (notification of decision not to prosecute person interviewed), in subsection (4)—

(a) for “includes” substitute “means”;

(b) for paragraph (a) substitute—

(a) a diversionary or community caution under Part 6 of the Police, Crime, Sentencing and Courts Act 2022;

16

In section 63B (testing for presence of Class A drugs), in subsection (7)(aa), for “conditional caution under Part 3 of the Criminal Justice Act 2003” substitute “diversionary caution under Part 6 of the Police, Crime, Sentencing and Courts Act 2022”.

17

Omit section 63L (which relates to persons given a penalty notice).

18

In section 64A (photographing of suspects), in subsection (1B)—

(a) after paragraph (ca) insert—

(cb) given a diversionary or community caution under Part 6 of the Police, Crime, Sentencing and Courts Act 2022;

;

(b) in paragraph (d), omit the words from “a penalty notice” to “2001,”;

(d) omit paragraph (g) (and the “or” immediately before it).

19

Paragraphs 13 to 18 do not affect the operation of the Police and Criminal Evidence Act 1984 in relation to conditional cautions given under Part 3 of the Criminal Justice Act 2003, or penalty notices given under section 2 of the Criminal Justice and Police Act 2001, in relation to offences committed before the day on which section 118(2) and (3) come into force.

Crime and Disorder Act 1998 (c. 37)

20

The Crime and Disorder Act 1998 is amended as follows.

21

In section 66E (failure to comply with conditions), for subsections (4) and (5) substitute—

(4) If a constable has reasonable grounds for believing that the offender has failed without reasonable excuse to comply with any of the conditions attached to a youth conditional caution, the constable may arrest the offender without warrant. (5) Sections 106(2) to (10) and 107 of the Police, Crime, Sentencing and Courts Act 2022 apply in relation to a person arrested under subsection (4) above.

22

In section 66G (code of practice), in subsection (2)—

(a) in paragraph (j), for the words from “conferred by” to the end substitute “under section 66E(4)”;

(b) in paragraph (k), for “section 24A(2) of that Act” substitute “section 106(2) and (3) of the Police, Crime, Sentencing and Courts Act 2022”.

Police Reform Act 2002 (c. 30)

23

The Police Reform Act 2002 is amended as follows.

24

In section 43 (railways safety accreditation scheme)—

(a) in subsection (6), omit “Subject to subsection (7)”;

(b) omit subsection (7).

25

In Schedule 5 (powers exercisable by accredited persons), omit the following—

(a) paragraph 1(2)(aa) and (2A);

(b) paragraph 4 and the preceding italic heading;

26

Omit Schedule 5A (powers exercisable by accredited inspectors).

Licensing Act 2003 (c. 17)

27

In section 147A of the Licensing Act 2003 (persistently selling alcohol to children), in subsection (7), omit paragraph (c) and the preceding “or”.

Courts Act 2003 (c. 39)

28

The Courts Act 2003 is amended as follows.

29

In section 85EA (prohibition of cross-examination in person: victims of offences), in subsection (5), in paragraph (a) of the definition of “caution”, for sub-paragraph (i) substitute—

(i) a diversionary caution or community caution given under Part 6 of the Police, Crime, Sentencing and Courts Act 2022, (ia) a caution given under section 22 of the Criminal Justice Act 2003 (conditional cautions) in respect of an offence committed before the coming into force of section 118 of the Police, Crime, Sentencing and Courts Act 2022,

30

In Schedule 5 (collection of fines), in paragraph 3(1)(b), for sub-paragraph (ii) substitute—

(ii) section 112 of the Police, Crime, Sentencing and Courts Act 2022, or

Criminal Justice Act 2003 (c. 44)

31

In section 330 of the Criminal Justice Act 2003 (orders and rules), in subsection (5)—

(a) in paragraph (a), omit “section 25(5)”;

(b) omit paragraph (aa).

Offender Management Act 2007 (c. 21)

32

(1) Section 1 of the Offender Management Act 2007 (meaning of “the probation purposes”) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (b)—

(i) for “conditional cautions”, in the first place, substitute “diversionary or community cautions”;

(ii) for “conditional cautions”, in the second place, substitute “them”;

(b) in paragraph (e), for “conditional cautions” substitute “diversionary or community cautions”.

(3) In subsection (4), omit the definition of “conditional caution”.

(4) In subsection (5), for “conditional cautions” substitute “diversionary or community cautions”.

33

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

34

In section 101 (community remedy document), in subsection (9), in the definition of “out of court disposal process”, for “conditional caution” substitute “diversionary caution, community caution”.

35

(1) Section 102 (out-of-court disposals) is amended as follows.

(2) In subsection (2)—

(a) after paragraph (b) insert—

(ba) a person authorised by a prosecution authority under section 98(7) of the Police, Crime, Sentencing and Courts Act 2022 for purposes relating to diversionary or community cautions;

;

(b) in paragraph (c), omit “section 22 of the Criminal Justice Act 2003 (conditional cautions) or”.

(3) In subsection (6)—

(a) in the definition of “caution”, for the words from “includes” to “2003” substitute “means a diversionary or community caution given under Part 6 of the Police, Crime, Sentencing and Courts Act 2022”;

(b) for the definition of “investigating officer” and “relevant prosecutor” substitute—

“investigating officer” has the meaning given by section 121 of the Police, Crime, Sentencing and Courts Act 2022;

“relevant prosecutor” has the meaning given by section 66H of the Crime and Disorder Act 1998;

36

Paragraphs 34 and 35 do not affect the operation of sections 101 and 102 of the Anti-social Behaviour, Crime and Policing Act 2014 in relation to conditional cautions given under Part 3 of the Criminal Justice Act 2003 in respect of offences committed before the day on which section 118(2) comes into force.

Criminal Justice and Courts Act 2015 (c. 2)

37

In the Criminal Justice and Courts Act 2015, omit sections 17 and 18 (restrictions on use of cautions).

Other consequential repeals

38

(1) Omit the following (which make amendments to Part 3 of the Criminal Justice Act 2003, which is repealed by section 118(2) above)—

(a) paragraph 129 of Schedule 4 to the Commissioners for Revenue and Customs Act 2005;

(b) sections 17 and 18 of the Police and Justice Act 2006;

(d) sections 133 and 134 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

(e) section 103(1) of the Anti-social Behaviour, Crime and Policing Act 2014;

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