Police, Crime, Sentencing and Courts Act 2022

• (f) sections 60, 64(8) and 66(10) of, and paragraph 16(2) of Schedule 12 to, the Policing and Crime Act 2017;

• (g) paragraphs 14 to 16 and 23 of Schedule 4 to this Act.

• (2) Sub-paragraph (1) does not affect the continuing operation of the repealed provisions in relation to cautions given under Part 3 of the Criminal Justice Act 2003 in respect of offences committed before the day on which section 118(2)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.

39

• (1) Omit the following (which make amendments to Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001, which is repealed by section 118(3) above)—

• (a) section 15 of the Domestic Violence, Crime and Victims Act 2004;

• (b) section 132 of, and Schedule 23 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

• (2) Sub-paragraph (1) does not affect the continuing operation of the repealed provisions in relation to penalty notices given under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 in respect of offences committed before the day on which section 118(3) comes into force.

SCHEDULE 12

Mental Health Act 1983 (c. 20)

1

In section 37 of the Mental Health Act 1983 (power to order hospital admission or guardianship), in subsection (1B)(d), for “312(2), 313(2), 314(2) or 315(2)” substitute “312(2A), 313(2A), 314(2A) or 315(2A)”.

Armed Forces Act 2006 (c. 52)

2

The Armed Forces Act 2006 is amended as follows.

3

In section 225(2) (third drug trafficking offence)—

• (a) for “section 313(2)” substitute “section 313(2A)”,

• (b) for “particular circumstances” substitute “exceptional circumstances”, and

• (c) for paragraph (b) substitute—

(b) justify not doing so.

4

In section 226(2) (third domestic burglary)—

• (a) for “section 314(2)” substitute “section 314(2A)”,

• (b) for “particular circumstances” substitute “exceptional circumstances”, and

• (c) for paragraph (b) substitute—

(b) justify not doing so.

5

• (1) Section 227A (offences of threatening with a weapon in public or on school premises) is amended as follows.

• (2) In subsection (1A)—

• (a) for “particular circumstances” substitute “exceptional circumstances”, and

• (b) for paragraph (b) substitute—

(b) justify not doing so.

• (3) Sub-paragraph (2) has effect only if this Schedule comes into force before the coming into force of paragraph 16(a) of Schedule 26 to the Sentencing Act 2020 (which omits subsection (1A) of section 227A of the Armed Forces Act 2006).

• (4) In subsection (2)—

• (a) for “particular circumstances” substitute “exceptional circumstances”, and

• (b) for paragraph (b) substitute—

(b) justify not doing so.

6

In section 237 (duty to have regard to purposes of sentencing etc), in subsection (3)—

• (a) in paragraph (bc), for “section 313(2)” substitute “section 313(2A)”, and

• (b) in paragraph (bd), for “section 314(2)” substitute “section 314(2A)”.

7

• (1) Section 239 (reduction in sentences for guilty pleas) is amended as follows.

• (2) In subsection (4), for “section 313(2) or 314(2)” substitute “section 313(2A) or 314(2A)”.

• (3) In subsection (5), for “section 313(2) or 314(2)”, in both places it occurs, substitute “section 313(2A) or 314(2A)”.

8

In section 260 (discretionary custodial sentences: general restrictions), in subsection (1)—

• (a) in paragraph (e), for “section 313(2)” substitute “section 313(2A)”, and

• (b) in paragraph (f), for “section 314(2)” substitute “section 314(2A)”.

9

In section 273 (review of unduly lenient sentence by Court Martial Appeal Court), in subsection (6)(b)—

• (a) in sub-paragraph (iv), for “section 313(2)” substitute “section 313(2A)”, and

• (b) in sub-paragraph (v), for “section 314(2)” substitute “section 314(2A)”.

SCHEDULE 13

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

1

The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

2

• (1) Section 60 (attendance centre orders) is amended as follows (but see sub-paragraph (4)).

• (2) In subsection (1)—

• (a) in paragraph (b), for “21” substitute “18”;

• (b) omit paragraph (c) and the word “or” before it.

• (3) In subsection (4)(b), for the words from “16 or over” to the end, substitute “16 or 17”.

• (4) Sub-paragraphs (1) to (3) have no effect if paragraph 102 of Schedule 32 to the Criminal Justice Act 2003 (which confines the effect of section 60 to persons aged under 16) is in force when this paragraph comes into force.

3

In Schedule 5 (further provision about attendance centre orders), in paragraph 7(1), omit “or (c)”.

Criminal Justice Act 2003 (c. 44)

4

The Criminal Justice Act 2003 (the “2003 Act”) is amended as follows.

5

• (1) Section 221 (provision of attendance centres) is amended as follows.

• (2) In subsection (2), omit “aged under 25”.

• (3) After subsection (3) insert—

(4) In this section “relevant order” means— (a) an order under section 177(1) (community order) or 189(1) (suspended sentence order); (b) a relevant order within the meaning given by section 397 of the Sentencing Code, made in respect of an offence of which the offender was convicted before the day on which paragraph 5 of Schedule 13 to the Police, Crime, Sentencing and Courts Act 2022 came into force.

6

• (1) In section 300(2) (power to impose attendance centre requirement on fine defaulter)—

• (a) if the relevant amendment is not in force when this paragraph comes into force, in paragraph (c) for “under 25” substitute “under 18”;

• (b) if the relevant amendment is in force when this paragraph comes into force, omit paragraph (c) and the word “or” before it.

• (2) In sub-paragraph (1) the “relevant amendment” means paragraph 2(3)(a)(i) of Schedule 26 to the Criminal Justice and Immigration Act 2008 (which confines the application of section 300(2) of the 2003 Act to those over 18).

7

If paragraph 102 of Schedule 32 is not in force when this paragraph comes into force, in sub-paragraph (2)(b) of that paragraph 102 (amendment of section 61(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000), for “21” substitute “18”.

Sentencing Code

8

The Sentencing Code is amended as follows.

9

• (1) Schedule 11 (transfer of community orders to Scotland or Northern Ireland) is amended as follows.

• (2) In paragraph 12(2)—

• (a) at the end of paragraph (g) insert “, where such a requirement is available (see section 207(3))”;

• (b) at the end of paragraph (h) insert “, where such a requirement is available (see section 207(4))”.

• (3) In paragraph 25(3), omit paragraph (b) (but not the “or” at the end of that paragraph).

10

• (1) Schedule 17 (transfer of suspended sentence orders to Scotland or Northern Ireland) is amended as follows.

• (2) In paragraph 9(2)—

• (a) at the end of paragraph (g) insert “, where such a requirement is available (see section 291(3))”;

• (b) at the end of paragraph (h) insert “, where such a requirement is available (see section 291(4))”.

• (3) In paragraph 32—

• (a) in sub-paragraph (2), omit paragraph (b) (but not the “or” at the end of that paragraph);

• (b) in sub-paragraph (5)—

• (i) at the end of paragraph (g) insert “, where such a requirement is available (see section 291(3))”;

• (ii) at the end of paragraph (h) insert “, where such a requirement is available (see section 291(4))”.

SCHEDULE 14

PART 1 — Amendments to the Sentencing Code

Introductory

1

The Sentencing Code is amended as specified in this Part of this Schedule.

Orders that qualify for special procedures

2

After section 395 insert—

(395A) (1) A community order or suspended sentence order qualifies for special procedures for the purposes of a relevant provision if the order— (a) is of a description specified in regulations for the purposes of that provision, and (b) is made within a period, or after a time, so specified. (2) In subsection (1) “relevant provision” means— (a) section 217A; (b) section 293A; (c) paragraphs 10(5)(ba) and 11(2)(ba) of Schedule 10; (d) paragraph 13(1)(da) of Schedule 16. (3) A description specified under subsection (1)(a) may, among other things, be framed by reference to— (a) the courts by which the orders are made (for example, courts sitting in particular places or areas); (b) the persons who are subject to the orders (for example, persons of a particular sex); (c) the offences to which the orders relate. (4) Where regulations under subsection (1)(a) specify a description of community or suspended sentence order for the first time, they must under subsection (1)(b) specify, in relation to that description of order, a period of 18 months beginning with the day on which the regulations come into force. (5) Regulations under this section are to be made by the Secretary of State. (6) Regulations under this section are subject to— (a) the negative resolution procedure, where under subsection (1)(b) the regulations specify a period, and (b) the affirmative resolution procedure, in any other case.

Review of community orders

3

• (1) Section 211 (power of Crown Court to direct magistrates’ court supervision) is amended as follows.

• (2) The existing provision becomes subsection (1).

• (3) After that subsection insert—

(2) Subsection (1) does not apply to a community order that qualifies for special procedures for the purposes of section 217A.

4

In section 217 (power to provide for court review of community orders), after subsection (2) insert—

(2A) Regulations under this section may not make provision in respect of community orders which for the purposes of section 217A qualify for special procedures.

5

After section 217 insert—

(217A) (1) A community order that— (a) imposes one or more community order requirements, and (b) qualifies for special procedures for the purposes of this section, may make provision for the order to be reviewed periodically (“provision for review”). (2) Where a community order contains provision for review under this section, it must— (a) specify the intervals at which the order is to be reviewed, (b) provide for each review to be made, subject to section 217B, at a hearing held for the purpose by the responsible court (a “review hearing”), (c) require the offender to attend each review hearing, and (d) provide for a report by an officer of a provider of probation services on the offender’s progress in complying with the community order requirements of the order (a “progress report”) to be made to the responsible court before each review. (3) In this section “the responsible court”, in relation to a community order, means the court by which the order is made. (4) For more about community orders that qualify for special procedures, see section 395A. (217B) (1) This section applies where a review hearing is held on a review of a community order by virtue of section 217A. (2) The court may, after considering the progress report, amend— (a) the community order requirements of the order, or (b) any provision of the order which relates to those requirements. (3) But the court— (a) may not amend the community order requirements of the order so as to impose a requirement of a different kind unless the offender expresses willingness to comply with that requirement, (b) may not amend— (i) a mental health treatment requirement, (ii) a drug rehabilitation requirement, or (iii) an alcohol treatment requirement, unless the offender expresses willingness to comply with the requirement as amended, and (c) except with the consent of the offender, may not amend the order while an appeal against the order is pending. (4) For the purposes of subsection (3)(a)— (a) a community order requirement of a kind within any entry in the table in section 201 is of the same kind as any other community requirement within that entry, and (b) an electronic compliance monitoring requirement is a requirement of the same kind as any requirement within that table to which it relates. (5) If the court is of the opinion that the offender has without reasonable excuse breached a community order requirement of the order, the court may adjourn the hearing so that the court can deal with the case forthwith under paragraph 10 or 11 of Schedule 10 (powers of court to deal with offender on breach of requirement). (6) For some powers available where the court is of the opinion referred to in subsection (5) but does not deal with the case forthwith, see paragraph 9A of Schedule 10. (7) In this section— - “review hearing”, and - “progress report”, have the same meanings as in section 217A. (217C) (1) Subsections (2) and (3) apply where a court— (a) considers the progress report relating to a review under section 217A (the “current review”), and (b) forms the opinion that the offender’s progress in complying with the community order requirements of the community order is satisfactory. (2) If the court forms that opinion before a review hearing is held at the current review— (a) it may order that no review hearing is to be held at the current review, and (b) it may amend the community order so as to provide for each subsequent review to be held without a review hearing. (3) If a review hearing is held at the current review, the court may at the hearing amend the community order so as to provide for each subsequent review to be held without a review hearing. (4) If at a review held without a review hearing the court— (a) considers the progress report, and (b) forms the opinion that the offender’s progress under the order is no longer satisfactory, it may require the offender to attend a hearing of the court at a specified time and place. (5) At a review hearing the court may amend the community order so as to vary the intervals specified under section 217A(2)(a). (6) The functions of a court under this section that are exercisable in relation to a review without a hearing are to be exercised— (a) where the court is the Crown Court, by a judge of the court, and (b) where the court is a magistrates’ court, by a justice of the peace. (7) In this section— - “review hearing”, and - “progress report”, have the same meanings as in section 217A.

Review of suspended sentence orders

6

In section 293 (review of suspended sentence orders), at the end insert—

(7) Nothing in this section applies in relation to suspended sentence orders which qualify for special procedures for the purposes of section 293A.

7

After section 293 insert—

(293A) (1) A suspended sentence order that— (a) imposes one or more community requirements, and (b) qualifies for special procedures for the purposes of this section, may make provision for the order to be reviewed periodically (“provision for review”). (2) Where a suspended sentence order contains provision for review under this section, it must— (a) specify the intervals at which the order is to be reviewed, (b) provide for each review to be made, subject to section 294, at a hearing held for the purpose by the responsible court (a “review hearing”), (c) require the offender to attend each review hearing, and (d) provide for a report by an officer of a provider of probation services on the offender’s progress in complying with the community requirements of the order (a “progress report”) to be made to the responsible court before each review. (3) In this section “the responsible court”, in relation to a suspended sentence order, means the court by which the order is made. (4) For more about suspended sentence orders that qualify for special procedures, see section 395A.

8

• (1) Section 294 (review hearings) is amended as follows.

• (2) In subsection (1), after “293” insert “or 293A”.

• (3) In subsection (5), after “the case” insert “forthwith”.

• (4) After subsection (5) insert—

(5A) For some powers available where the court is of the opinion referred to in subsection (5) but does not deal with the case forthwith, see paragraph 9A of Schedule 16.

• (5) In subsection (6), after “293(2)” insert “(or, as the case may be, section 293A(2))”.

9

• (1) Section 295 (alteration of review arrangements) is amended as follows.

• (2) In subsection (1), after “a review” insert “under section 293 or 293A”.

• (3) In subsection (5), after “293(2)(a)” insert “or 293A(2)(a)”.

• (4) In subsection (7), after “293(2)” insert “(or, as the case may be, section 293A(2))”.

10

• (1) Section 297 (power to direct magistrates’ court supervision) is amended as follows.

• (2) The existing provision becomes subsection (1).

• (3) After that subsection insert—

(2) Subsection (1) does not apply to a suspended sentence order that qualifies for special procedures for the purposes of section 293A.

Review of drug rehabilitation requirements

11

In Schedule 9 (community orders and suspended sentence orders: community requirements), in paragraph 21 (review of drug rehabilitation requirements), at the end insert—

(7) Nothing in this paragraph or paragraph 22 applies in relation to— (a) a community order that qualifies for special procedures for the purposes of section 217A, or (b) a suspended sentence order that qualifies for special procedures for the purposes of section 293A.

Breach of community order: power to commit to custody

12

• (1) Schedule 10 (breach etc of community order) is amended as follows.

• (2) In paragraph 1 (interpretation), in the definition of “appropriate court” in sub-paragraph (1)—

• (a) after paragraph (a) insert—

(aa) if the community order qualifies for special procedures for the purposes of section 217A, the court that made the order;

;

• (b) in paragraph (b), after the second “order” insert “and does not fall within paragraph (aa)”.

• (3) In paragraph 8 (issue of summons or warrant by justice of the peace), in sub-paragraph (3)—

• (a) in paragraph (a), omit the final “or”;

• (b) after paragraph (a) insert—

(aa) in the case of a community order that qualifies for special procedures for the purposes of section 217A, before the court that made the order, or

.

• (4) After paragraph 9 insert—

(9A) (1) This paragraph applies where— (a) a community order is in force, (b) on a review hearing under section 217B a magistrates’ court or the Crown Court (“the court”) is of the opinion that the offender has without reasonable excuse breached a community order requirement of the order, and (c) the court does not deal with the case forthwith by virtue of section 217B(5). (2) The court may at any time— (a) issue a summons requiring the offender to appear at the place and time specified in it, or (b) issue a warrant for the offender’s arrest. (3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court which issued it. (4) Where— (a) a summons is issued under this paragraph, and (b) the offender does not appear in answer to the summons, the court may issue a warrant for the arrest of the offender.

• (5) In paragraph 10—

• (a) in sub-paragraph (1), after “paragraph 8” insert “or 9A or by virtue of section 217B(5)”;

• (b) in sub-paragraph (5), after paragraph (b) insert—

(ba) if the community order qualifies for special procedures for the purposes of this paragraph, by ordering the offender to be committed to prison for such period not exceeding 28 days as the court considers appropriate (but see also paragraph 13A);

.

• (6) In paragraph 11—

• (a) in sub-paragraph (1)(a)—

• (i) after “paragraph 9” insert “or 9A”;

• (ii) after “10(3)” insert “or section 217B(5)”;

• (b) in sub-paragraph (2), after paragraph (b) insert—

(ba) if the community order qualifies for special procedures for the purposes of this paragraph, by ordering the offender to be committed to prison for such period not exceeding 28 days as the court considers appropriate (but see also paragraph 13A);

.

• (7) After paragraph 13 insert—

(13A) (1) In the case of a person under the age of 21— (a) an order under paragraph 10(5)(ba) or 11(2)(ba) must be for committal to a young offender institution instead of to prison, but (b) the Secretary of State may from time to time direct that a person committed to a young offender institution by such an order is to be detained in a prison or remand centre instead. (2) A person committed to prison or a young offender institution by an order under paragraph 10(5)(ba) or 11(2)(ba) is to be regarded as being in legal custody. (3) No more than three orders under paragraph 10(5)(ba) or 11(2)(ba) may be made in relation to the same community order.

• (8) In paragraph 14 (revocation etc of community order subject to magistrates’ court supervision), in sub-paragraph (2)—

• (a) in paragraph (a), omit the final “and”;

• (b) after paragraph (a) insert—

(aa) if the community order qualifies for special procedures for the purposes of section 217A, the court that made the order, and

.

Breach of suspended sentence order: power to commit to custody

13

• (1) Schedule 16 (breach etc of suspended sentence order) is amended as follows.

• (2) In paragraph 4—

• (a) in sub-paragraph (1)(a), after “293(1)” insert “or 293A(1)”;

• (b) in sub-paragraph (2)(a), after “293(4)” insert “or 293A(3)”.

• (3) After paragraph 9 insert—

(9A) (1) This paragraph applies where— (a) a suspended sentence order is subject to review in accordance with section 293A(1), (b) on a review hearing under section 294(5) a magistrates’ court or the Crown Court (“the court”) is of the opinion that the offender has without reasonable excuse breached a community requirement of the order, and (c) the court does not deal with the case forthwith under section 294(5). (2) The court may at any time— (a) issue a summons requiring the offender to appear at the place and time specified in it, or (b) issue a warrant for the offender’s arrest. (3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court which issued it. (4) Where— (a) a summons is issued under this paragraph, and (b) the offender does not appear in answer to the summons, the court may issue a warrant for the arrest of the offender.

• (4) In paragraph 10, in sub-paragraph (1)(a)(i), after “8” insert “or 9A”.

• (5) In paragraph 12, in sub-paragraph (2)(a)(i), after “9” insert “or 9A”.

• (6) In paragraph 13, in sub-paragraph (1), after paragraph (d) insert—

(da) in a case where the suspended sentence order qualifies for special procedures for the purposes of this paragraph, the court is dealing with the case by virtue of paragraph 10 or 12(2) and the offender is aged 18 or over, the court may order the offender to be committed to prison for such period not exceeding 28 days as the court considers appropriate (but see also paragraph 13A);

.

• (7) In paragraph 14 (duty to make activation order where not unjust), in sub-paragraph (2)—

• (a) in paragraph (a), omit the final “and”;

• (b) after paragraph (b) insert

, and (c) in a case where the suspended sentence order qualifies for special procedures for the purposes of paragraph 13(1)(da), the court is dealing with the case by virtue of paragraph 10 or 12(2) and the offender is aged 18 or over, the possibility of making an order under paragraph 13(1)(da).

• (8) After paragraph 16 insert—

(16A) (1) In the case of an offender under the age of 21— (a) an order under paragraph 13(1)(da) must be for committal to a young offender institution instead of to prison, but (b) the Secretary of State may from time to time direct that a person committed to a young offender institution by such an order is to be detained in a prison or remand centre instead. (2) A person committed to prison or a young offender institution by an order under paragraph 13(1)(da) is to be regarded as being in legal custody. (3) No more than three orders under paragraph 13(1)(da) may be made in relation to the same suspended sentence order.

PART 2 — Prospective amendments

Prospective amendments relating to abolition of detention in a young offender institution

14

• (1) Schedule 22 of the Sentencing Act 2020 (prospective amendments) is amended as follows.

• (2) In paragraph 21 (powers to imprison for breach of community order)—

• (a) in sub-paragraph (2)(a), in the inserted paragraph (d), after sub-paragraph (i) insert—

(ia) the order does not qualify for special procedures for the purposes of paragraph (ba);

;

• (b) in sub-paragraph (3)(a), in the inserted paragraph (d), before sub-paragraph (i) insert—

(ai) the community order does not qualify for special procedures for the purposes of paragraph (ba),

.

• (3) After paragraph 75 insert—

(75A) In paragraph 13A of Schedule 10 (detention following breach of community order)— (a) omit sub-paragraph (1); (b) in sub-paragraph (2), omit “or a young offender institution”.

• (4) After paragraph 78 insert—

(78A) In paragraph 16A of Schedule 16 (detention following breach of suspended sentence order)— (a) omit sub-paragraph (1); (b) in sub-paragraph (2), omit “or a young offender institution”.

SCHEDULE 15

1

The Sentencing Code is amended as follows.

2

In section 201 (community order: community order requirements table), after the entry in the table relating to the drug rehabilitation requirement, insert—

drug testing requirement	Part 10A	section 207(3A)

.

3

In section 207 (community order: availability of particular requirements), after subsection (3) insert—

(3A) A drug testing requirement is not an available requirement if the offender was convicted of the offence before the day on which section 154 of the Police, Crime, Sentencing and Courts Act 2022 came into force.

4

In section 287 (suspended sentence order: community requirements table), after the entry in the table relating to the drug rehabilitation requirement, insert—

drug testing requirement	Part 10A	section 291(3A)

.

5

In section 291 (suspended sentence order: availability of particular requirements), after subsection (3) insert—

(3A) A drug testing requirement is not an available requirement if the offender was convicted of the offence before the day on which section 154 of the Police, Crime, Sentencing and Courts Act 2022 came into force.

6

In Schedule 9 (community orders and suspended sentence orders: requirements), after Part 10 insert—

(22A) (1) In this Code, “drug testing requirement”, in relation to a relevant order, means a requirement that during a period specified in the order, the offender must, for the purpose of ascertaining whether there is any drug or psychoactive substance in the offender’s body during that period, provide samples in accordance with directions given by the responsible officer. (2) The order— (a) must provide that if the offender provides samples to a person other than the responsible officer, the results of the tests carried out on the samples are to be communicated to the responsible officer; (b) may make provision about the provision of samples by virtue of sub-paragraph (1). (3) The power of the responsible officer to give directions by virtue of sub-paragraph (1) about the provision of samples— (a) is a power to give directions as to— (i) the type of samples to be provided, and (ii) the times at which, or circumstances in which, they are to be provided, (b) is subject to any provision made by the order, and (c) is to be exercised in accordance with guidance issued by the Secretary of State. (4) The Secretary of State may revise any guidance issued under sub-paragraph (3)(c). (5) In this paragraph and paragraph 22B— - “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971; - “psychoactive substance” has the meaning given by section 2(1) of the Psychoactive Substances Act 2016. (22B) (1) A court may not impose a drug testing requirement unless the following conditions are met— (a) the misuse condition, and (b) the availability of arrangements condition. (2) The misuse condition is that the court is satisfied that the offender’s misuse of a drug or psychoactive substance— (a) caused or contributed to the offence to which the order relates or an associated offence, or (b) is likely to cause or contribute to the commission of further offences by the offender. (3) The availability of arrangements condition is that the court has been notified by the Secretary of State that arrangements for implementing drug testing requirements are available in the offender’s home local justice area (and the notice has not been withdrawn).

SCHEDULE 16

PART 1 — Detention and training orders made under Sentencing Code

Criminal Justice Act 2003 (c. 44)

1

The Criminal Justice Act 2003 is amended as follows.

2

• (1) Section 240ZA (time remanded in custody to count as time served: terms of imprisonment and detention) is amended as follows.

• (2) In the heading, for “and detention” substitute “or detention and detention and training orders”.

• (3) After subsection (1) insert—

(1A) This section also applies where— (a) a court, on or after the day on which Schedule 16 to the Police, Crime, Sentencing and Courts Act 2022 came into force, makes a detention and training order in respect of an offender for an offence, and (b) the offender concerned has been remanded in custody in connection with the offence or a related offence. (1B) In this section any reference to a “sentence”, in relation to an offender, is to— (a) a term of imprisonment being served by the offender as mentioned in subsection (1)(a), or (b) a detention and training order made in respect of the offender as mentioned in subsection (1A)(a).

• (4) In subsection (2), for “that purpose” substitute “the purposes of subsection (1)(b) or (1A)(b)”.

• (5) For subsection (9) substitute—

(8A) Subsection (9) applies in relation to an offender who is sentenced to two or more consecutive sentences or sentences which are wholly or partly concurrent if— (a) the sentences were imposed on the same occasion, or (b) where they were imposed on different occasions, the offender has not been released during the period beginning with the first and ending with the last of those occasions. (9) For the purposes of subsections (3) and (5), the sentences are to be treated as a single sentence.

3

• (1) Section 240A (time remanded on bail to count towards time served: terms of imprisonment and detention) is amended as follows.

• (2) In the heading, for “and detention” substitute “or detention and detention and training orders”.

• (3) After subsection (3ZA) insert—

(3ZAA) Subsection (3ZB) also applies where— (a) a court, on or after the day on which Schedule 16 to the Police, Crime, Sentencing and Courts Act 2022 came into force, makes a detention and training order in respect of an offender for an offence, and (b) the court has made a declaration under section 325 of the Sentencing Code specifying a credit period in relation to the order. (3ZAB) In this section any reference to a “sentence”, in relation to an offender, is to— (a) a term of imprisonment being served by the offender as mentioned in subsection (3ZA)(a), or (b) a detention and training order made in respect of the offender as mentioned in subsection (3ZAA)(a).

• (4) In subsection (9)(b), omit the words from “and, in paragraph (b)” to the end.

4

In section 242 (interpretation), at the end insert—

(3) In sections 240ZA and 240A, “detention and training order” has the meaning given by section 233 of the Sentencing Code.

Sentencing Act 2020 (c. 17)

5

The Sentencing Act 2020 is amended as follows.

6

Omit sections 239 and 240 (effect on term of detention and training order of period on remand etc).

7

In section 244 (offender subject concurrently to detention and training order and sentence of detention in a young offender institution), in subsection (2)(c), at the beginning insert “with the exception of sections 240ZA and 240A,”.

8

In section 245 (offender subject concurrently to detention and training order and other sentence of detention), in subsection (2)(c), at the beginning insert “with the exception of sections 240ZA and 240A,”.

9

In section 325 (time on bail under certain conditions: declaration by court), in subsection (5)—

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

• (b) at the end of paragraph (c) insert

, or (d) makes a detention and training order.

10

In section 327 (period in custody awaiting extradition: declaration by court), in subsection (2)—

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

• (b) at the end of paragraph (c) insert

, or (d) a detention and training order.

11

In Schedule 27 (transitional provision), omit paragraph 14 (and the italic heading above it).

Other enactments

12

In Schedule 2 to the Criminal Appeal Act 1968 (procedural and other provisions applicable on order for retrial), in paragraph 2(4), for “and detention” substitute “or detention and detention and training orders”.

13

In Schedule 7 to the International Criminal Court Act 2001 (domestic provisions not applicable to ICC prisoners), in paragraph 2(1)(d), for “and detention” substitute “or detention and detention and training orders”.

PART 2 — Detention and training orders made under Armed Forces Act 2006

14

The Armed Forces Act 2006 is amended as follows.

15

In section 213 (application of provisions relating to civilian detention and training orders)—

• (a) in subsection (2)(a), for “sections 237 to 240” substitute “sections 237 and 238”;

• (b) omit subsection (3).

16

After section 213 insert—

(213A) (1) Subsection (2) applies where— (a) the Court Martial or the Service Civilian Court proposes to make an order under section 211 in respect of an offence, and (b) the offender has been kept in service custody in connection with the offence or any other offence the charge for which was founded on the same facts or evidence. (2) In determining the term of the order under section 211, the court must take account of the period for which the offender was kept in service custody. (3) If the court proposes to make two or more orders under section 211 in respect of two or more offences— (a) subsection (2) does not apply, but (b) in determining the total term of those orders, the court must take account of the total period for which the offender has been kept in service custody in connection with— (i) any of those offences, or (ii) any other offence the charge for which was founded on the same facts or evidence. (4) A period of service custody may be taken account of under this section only once. (213B) (1) This section applies where— (a) the Court Martial or the Service Civilian Court proposes to make an order under section 211 in respect of an offence, (b) the offender was tried for the offence, or is to be sentenced— (i) after having been extradited to the United Kingdom, and (ii) without having first been restored or had an opportunity of leaving the United Kingdom, and (c) the offender was kept in custody for any period while awaiting extradition to the United Kingdom. (2) The court must— (a) specify in open court the number of days for which the offender was kept in custody while awaiting extradition, and (b) take account of those days in determining the term of the order.

SCHEDULE 17

PART 1 — Electronic monitoring: general requirements

1

In Part 17 of Schedule 6 to the Sentencing Code (electronic monitoring requirement) after paragraph 43 insert—

(43A) Where a youth rehabilitation order made on or after the day on which paragraph 1 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force imposes an electronic monitoring requirement, the offender must (in particular)— (a) submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to— (i) being fitted with, or installation of, any necessary apparatus, and (ii) inspection or repair of any apparatus fitted or installed for the purposes of the monitoring, (b) not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and (c) take any steps required by the responsible officer, or the person responsible for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.

PART 2 — Electronic whereabouts monitoring requirements

Criminal Justice and Immigration Act 2008 (c. 4)

2

• (1) Section 39 of the Criminal Justice and Immigration Act 2008 (youth default orders) is amended as follows.

• (2) In subsection (4)(a), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.

• (3) In subsection (6)—

• (a) in paragraph (a), after “198(3) to (5),” insert “198A,”,

• (b) in paragraph (b), for “, 7 and 17” substitute “and 7”, and

• (c) after that paragraph insert—

(ba) Part 17 of that Schedule (electronic monitoring requirements), so far as it applies to electronic compliance monitoring requirements,

.

Sentencing Code

3

The Sentencing Code is amended as follows.

4

• (1) Section 174 (youth rehabilitation requirements table) is amended as follows.

• (2) The existing text becomes subsection (1).

• (3) In that subsection, in the table—

• (a) in the entry relating to electronic monitoring requirements, for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”, and

• (b) after that entry insert—

electronic whereabouts monitoring requirement	Part 17	section 185(5)

.

• (4) After that subsection insert—

(2) See section 198A for provision about an electronic monitoring requirement imposed by a youth rehabilitation order made in respect of an offence of which the offender was convicted before the day on which paragraph 4 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent (ignoring, for these purposes, the coming into force of Part 2 of that Schedule for the purposes of making regulations).

5

In section 175(1)(c) (meaning of youth rehabilitation order with intensive supervision and surveillance), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.

6

• (1) Section 185 (youth rehabilitation order: availability of particular requirements) is amended as follows.

• (2) In the italic heading before subsection (4), for “requirement” substitute “requirements”.

• (3) In subsection (4), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.

• (4) After subsection (4) insert—

(5) An electronic whereabouts monitoring requirement is not available for a youth rehabilitation order in respect of an offence unless the offender was convicted of the offence on or after the day on which paragraph 6 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent (ignoring, for these purposes, the coming into force of Part 2 of that Schedule for the purposes of making regulations).

7

In section 190 (provision of copies of youth rehabilitation order and related documents), in the table in subsection (3)—

• (a) in the entry relating to an electronic monitoring requirement, in the first column, for “An electronic monitoring requirement” substitute “An electronic compliance monitoring requirement”, and

• (b) after that entry insert—

An electronic whereabouts monitoring requirement	Any person who by virtue of paragraph 46 of Schedule 6 will be responsible for the electronic monitoring
An electronic whereabouts monitoring requirement	Any person without whose consent the requirement could not be included in the order.

8

After section 198 insert—

(198A) (1) This section applies where an electronic monitoring requirement was imposed by a youth rehabilitation order in respect of an offence of which the offender was convicted before the day on which paragraph 4 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent (ignoring, for these purposes, the coming into force of Part 2 of that Schedule for the purposes of making regulations). (2) In this section “electronic monitoring requirement” has the meaning given by paragraph 41 of Schedule 6 as it had effect before the day mentioned in subsection (1). (3) The electronic monitoring requirement is not affected by the renaming of electronic monitoring requirements as electronic compliance monitoring requirements by that Act. (4) This Chapter applies in relation to the youth rehabilitation order as if any reference to an electronic compliance monitoring requirement were to an electronic monitoring requirement.

9

In section 395 (data from electronic monitoring: code of practice), after “electronic monitoring of offenders under” insert

— (a) electronic compliance monitoring requirements and electronic whereabouts monitoring requirements imposed by youth rehabilitation orders, and (b)

.

10

In paragraph 19(3) of Schedule 6 (requirements where court imposes curfew requirement), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.

11

In paragraph 21 of Schedule 6 (requirements where court imposes exclusion requirement), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.

12

• (1) Part 17 of Schedule 6 (electronic monitoring) is amended as follows.

• (2) In the Part heading, omit “requirement”.

• (3) For the italic heading before paragraph 41 substitute “Electronic compliance monitoring requirement”.

• (4) In paragraph 41, for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.

• (5) In the italic heading before paragraph 42, at the end insert “: electronic compliance monitoring requirement”.

• (6) In paragraph 42(1), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.

• (7) In the italic heading before paragraph 43, at the end insert “: electronic compliance monitoring requirement”.

• (8) In paragraph 43(1), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.

• (9) In the italic heading before paragraph 43A (inserted by Part 1 of this Schedule), for “Electronic monitoring” substitute “Electronic compliance monitoring requirement”.

• (10) In paragraph 43A(1), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.

• (11) For the italic heading before paragraph 44 substitute “Restrictions on imposing electronic compliance monitoring requirement”.

• (12) In paragraph 44—

• (a) in sub-paragraph (1)(a), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”, and

• (b) in sub-paragraph (2), in the opening words, for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.

• (13) After paragraph 44 insert—

(45) In this Code “electronic whereabouts monitoring requirement”, in relation to a youth rehabilitation order, means a requirement to submit to electronic monitoring of the offender’s whereabouts (otherwise than for the purpose of monitoring the offender’s compliance with any other requirement included in the order) during a period specified in the order. (46) (1) A youth rehabilitation order which imposes an electronic whereabouts monitoring requirement must include provision for making a person responsible for the monitoring. (2) The person who is made responsible for the monitoring must be of a description specified in regulations made by the Secretary of State. (47) Where a youth rehabilitation order imposes an electronic whereabouts monitoring requirement, the offender must (in particular)— (a) submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to— (i) being fitted with, or installation of, any necessary apparatus, and (ii) inspection or repair of any apparatus fitted or installed for the purposes of the monitoring, (b) not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and (c) take any steps required by the responsible officer, or the person responsible for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring. (48) (1) Where— (a) it is proposed to include an electronic whereabouts monitoring requirement in a youth rehabilitation order, but (b) there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring, the requirement may not be included in the order without that person’s consent. (2) A court may not include an electronic whereabouts monitoring requirement in a youth rehabilitation order in respect of an offender unless— (a) the court has been notified by the Secretary of State that electronic monitoring arrangements are available in the local justice area proposed to be specified in the order (and the notice has not been withdrawn), (b) the court is satisfied that— (i) the offender can be fitted with any necessary apparatus under the arrangements currently available, and (ii) any other necessary provision can be made under those arrangements, and (c) the court is satisfied that arrangements are generally operational throughout England and Wales (even if not always operational everywhere there) under which the offender’s whereabouts can be electronically monitored.

13

• (1) Schedule 7 (breach, revocation or amendment of youth rehabilitation order) is amended as follows.

• (2) In paragraph 1(2)(b) (interpretation), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.

• (3) In paragraph 27(6) (persons to whom copy of order amending or revoking youth rehabilitation order must be given)—

• (a) in the entry relating to an electronic monitoring requirement, in the first column, for “An electronic monitoring requirement” substitute “An electronic compliance monitoring requirement”, and

• (b) after that entry insert—

An electronic whereabouts monitoring requirement	Any person who by virtue of paragraph 46 of Schedule 6 will be responsible for the electronic monitoring
An electronic whereabouts monitoring requirement	Any person without whose consent the requirement could not be included in the order.

14

• (1) Schedule 8 (transfer of youth rehabilitation orders to Northern Ireland) is amended as follows.

• (2) In paragraph 5(2) (meaning of “locally based requirement”)—

• (a) in paragraph (i), for “an electronic monitoring requirement” substitute “an electronic compliance monitoring requirement”, and

• (b) after that paragraph insert—

(j) an electronic whereabouts monitoring requirement.

• (3) In paragraph 7 (further provisions where offender resides or will reside in Northern Ireland), in sub-paragraph (c)—

• (a) in paragraph (vi), for “electronic monitoring” substitute “electronic compliance monitoring”;

• (b) at the end insert—

(vii) paragraph 48(2) (availability of requirements for electronic whereabouts monitoring;

.

• (4) In paragraph 11(4) (persons to whom copy of youth rehabilitation order or amending order must be given)—

• (a) in the entry relating to an electronic monitoring requirement, in the first column, for “An electronic monitoring requirement” substitute “An electronic compliance monitoring requirement”, and

• (b) after that entry insert—

An electronic whereabouts monitoring requirement	Any person who by virtue of paragraph 46 of Schedule 6 will be responsible for the electronic monitoring
An electronic whereabouts monitoring requirement	Any person without whose consent the requirement could not be included in the order.

PART 3 — Intensive supervision and surveillance

15

The Sentencing Code is amended as follows.

16

In section 175(1) (youth rehabilitation order with intensive supervision and surveillance)—

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

• (b) at the end of paragraph (c) insert

, and (d) in relation to an order made on or after the day on which paragraph 16 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent, an electronic whereabouts monitoring requirement, unless paragraph 48 of Schedule 6 prevents such a requirement from being imposed.

17

• (1) Paragraph 2 of Schedule 6 (extended activity requirement) is amended as follows.

• (2) In sub-paragraph (2), for “180” substitute “the relevant number”.

• (3) After sub-paragraph (2) insert—

(2A) In sub-paragraph (2) “the relevant number” means— (a) in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted before the day on which paragraph 17 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent, 180 days, and (b) in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted on or after that day, 365 days.

PART 4 — Curfew requirements and education requirements

Introductory

18

The Sentencing Act 2020 is amended as follows.

Curfew requirement

19

• (1) Paragraph 18 of Schedule 6 (curfew requirement) is amended as follows.

• (2) In sub-paragraph (4)—

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

• (b) in paragraph (b), for “16 hours” substitute “the relevant number of hours”, and

• (c) at the end insert

, and (c) not more than 112 hours in any period of 7 days beginning with the day of the week on which the requirement first takes effect.

• (3) After sub-paragraph (4) insert—

(4A) In sub-paragraph (4)(b), “the relevant number of hours”— (a) in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted before the day on which paragraph 19 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force, means 16 hours, and (b) in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted on or after that day, means 20 hours.

20

In paragraph 9(1) of Schedule 23 (powers to amend limits in youth rehabilitation orders)—

• (a) in the words before paragraph (a), for “either” substitute “any”, and

• (b) in paragraph (b), for “18(4)” substitute “18(4) or (4A)”.

Education requirement

21

• (1) Paragraph 39 of Schedule 6 (education requirement) is amended as follows.

• (2) In sub-paragraph (4), for “by the time the offender ceases to be of compulsory school age” substitute “by the relevant time”.

• (3) After sub-paragraph (4) insert—

(4A) In sub-paragraph (4) “the relevant time” in relation to a youth rehabilitation order made in respect of— (a) an offence of which the offender was convicted before the day on which paragraph 21 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force, or (b) an offender who, when the order was made, was not resident in England within the meaning of Part 1 of the Education and Skills Act 2008 (duty to participate in education or training after compulsory school age), means the time the offender ceases to be of compulsory school age. (4B) In sub-paragraph (4) “the relevant time” in relation to a youth rehabilitation order made in respect of— (a) an offence of which the offender was convicted on or after the day on which paragraph 21 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force, and (b) an offender who, when the order was made, was resident in England within the meaning of Part 1 of the Education and Skills Act 2008 (duty to participate in education or training after compulsory school age), means the time at which the offender ceases to be a person to whom that Part applies or, if later, ceases to be of compulsory school age.

PART 5 — The responsible officer

Criminal Justice and Immigration Act 2008 (c. 4)

22

• (1) The Criminal Justice and Immigration Act 2008 is amended as follows.

• (2) In section 4(1) (meaning of “the responsible officer”), omit paragraph (a).

• (3) In section 5 (responsible officer and offender: duties in relation to the other), omit subsection (2).

Sentencing Code

23

• (1) The Sentencing Code is amended as follows.

• (2) In section 191 (the responsible officer)—

• (a) in subsection (1), omit “(2),”;

• (b) omit subsection (2).

• (3) In section 192 (obligations of responsible officer), omit subsection (3).

SCHEDULE 18

PART 1 — Variation etc of order made in England and Wales or Scotland by court in Northern Ireland

Amendments of the Sexual Offences Act 2003 (c. 42)

1

• (1) Section 136ZC of the Sexual Offences Act 2003 (variation of sexual harm prevention order by court in Northern Ireland) is amended as follows.

• (2) In the heading, after “Variation” insert “, renewal or discharge”.

• (3) In subsection (2), in the words after paragraph (b), after “varying” insert “, renewing or discharging”.

• (4) In subsection (4)—

• (a) for “subsections (5) and (6)” substitute “subsections (4A) to (6B)”, and

• (b) after “varying” insert “, renewing or discharging”.

• (5) After subsection (4) insert—

(4A) In determining the application the court must have regard to— (a) the time for which the defendant is likely to remain in Northern Ireland, and (b) whether— (i) in the case of a sexual harm prevention order made by a court in England and Wales, the defendant is likely to return to, or to visit, England and Wales, or (ii) in the case of a sexual harm prevention order made by a court in Scotland, the defendant is likely to return to, or to visit, Scotland.

• (6) In subsection (5), in the words before paragraph (a)—

• (a) after “An order may be” insert “renewed, or”, and

• (b) for “only” substitute “, only”.

• (7) In subsection (6), in the words before paragraph (a), after “An order as” insert “renewed or”.

• (8) After subsection (6) insert—

(6A) The court must not discharge a sexual harm prevention order made by a court in England and Wales before the end of 5 years beginning with the day on which the order was made without the consent of the defendant and the Chief Constable. (6B) The court must not discharge a sexual harm prevention order made by a court in Scotland, or vary such an order so as to remove a prohibition or requirement, unless the order or, as the case may be, the prohibition or requirement is no longer necessary for the purpose of— (a) protecting the public, or any particular members of the public, from sexual harm from the defendant, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

• (9) In subsection (9)—

• (a) in the definition of “the appropriate court”, for paragraphs (a) and (b) substitute—

1. where the sexual harm prevention order was made—in England and Wales, by the Crown Court, otherwise than on appeal from a magistrates’ court, or by the Court of Appeal, orin Scotland, by the High Court of Justiciary otherwise than on appeal,the Crown Court (in Northern Ireland);
2. where the defendant is aged 18 or over and the sexual harm prevention order was made—in England and Wales, by a magistrates’ court or by the Crown Court on appeal from a magistrates’ court, orin Scotland, by the High Court of Justiciary on appeal, by the Court of Session, by the Sheriff Appeal Court or by a sheriff,any court of summary jurisdiction in Northern Ireland;

, and

• (b) at the appropriate place insert—

• “the defendant”, in relation to a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), means the person against whom the order has effect;

;

• “sexual harm prevention order” includes a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

2

• (1) Section 136ZD of the Sexual Offences Act 2003 (variation of sexual risk order by court in Northern Ireland) is amended as follows.

• (2) In the heading, after “Variation” insert “, renewal or discharge”.

• (3) In subsection (2), in the words after paragraph (b), after “varying” insert “, renewing or discharging”.

• (4) In subsection (3)—

• (a) for “subsections (4) and (5)” substitute “subsections (3A) to (5B)”, and

• (b) after “varying” insert “, renewing or discharging”.

• (5) After subsection (3) insert—

(3A) In determining the application the court must have regard to— (a) the time for which the defendant is likely to remain in Northern Ireland, and (b) whether— (i) in the case of a sexual risk order made by a court in England and Wales, the defendant is likely to return to, or to visit, England and Wales, or (ii) in the case of a sexual risk order made by a court in Scotland, the defendant is likely to return to, or to visit, Scotland.

• (6) In subsection (4), in the words before paragraph (a)—

• (a) after “An order may be” insert “renewed, or”, and

• (b) for “only” substitute “, only”.

• (7) In subsection (5), in the words before paragraph (a), after “An order as” insert “renewed or”.

• (8) After subsection (5) insert—

(5A) The court must not discharge a sexual risk order made by a court in England and Wales before the end of 2 years beginning with the day on which the order was made without the consent of the defendant and the Chief Constable. (5B) The court must not discharge a sexual risk order made by a court in Scotland, or vary such an order so as to remove a prohibition or requirement, unless the order or, as the case may be, the prohibition or requirement is no longer necessary for the purpose of— (a) protecting the public, or any particular members of the public, from harm from the defendant, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.

• (9) In subsection (8), at the appropriate place insert—

• “the defendant”, in relation to a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), means the person against whom the order has effect;

;

• “sexual risk order” includes a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

Amendments of the Sentencing Code

3

• (1) Section 351 of the Sentencing Code (variation of sexual harm prevention order by court in Northern Ireland) is amended as follows.

• (2) In the heading, after “Variation” insert “, renewal or discharge”.

• (3) In subsection (2), in the words after paragraph (b), after “varying” insert “, renewing or discharging”.

• (4) In subsection (5), in the words after paragraph (b)—

• (a) after “varying” insert “, renewing or discharging”, and

• (b) for “subsections (6) and (7)” substitute “subsections (5A) to (7A)”.

• (5) After subsection (5) insert—

(5A) In determining the application the court must have regard to— (a) the time for which the defendant is likely to remain in Northern Ireland, and (b) whether the defendant is likely to return to, or to visit, England and Wales.

• (6) In subsection (6), in the words before paragraph (a)—

• (a) after “An order may be” insert “renewed, or”, and

• (b) for “only” substitute “, only”.

• (7) In subsection (7), in the words before paragraph (a), after “An order as” insert “renewed or”.

• (8) After subsection (7) insert—

(7A) The court must not discharge an order before the end of the period of 5 years beginning with the day on which the order was made without the consent of the defendant and the Chief Constable of the Police Service of Northern Ireland.

PART 2 — Variation of order by court in Scotland

Amendments of the Sexual Offences Act 2003 (c. 42)

4

After section 136ZD of the Sexual Offences Act 2003 insert—