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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

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(4) The review partners must prepare a report on the review and send it to the Secretary of State.

(5) The report must include—

(a) the findings of the review,

(b) any conclusions drawn by the review partners, and

(6) The review partners must not include in the report sent to the Secretary of State material that they consider—

(a) might jeopardise the safety of any person, or

(b) might prejudice the investigation or prosecution of an offence.

(7) The Secretary of State must publish, or make arrangements for the publication of, the report, unless the Secretary of State considers it inappropriate for the report to be published.

(8) If the Secretary of State considers it inappropriate for the report to be published, the Secretary of State must publish, or make arrangements for the publication of, so much of the contents of the report as the Secretary of State considers appropriate to be published.

Information

29

(1) A review partner may request a person to provide information specified in the request to the review partner or another review partner.

(2) A review partner may make a request to a person under this section only if the conditions in subsections (3) and (4) are satisfied.

(3) The condition in this subsection is that the request is made for the purpose of enabling or assisting the performance of functions conferred on a review partner by sections 24 to 28.

(4) The condition in this subsection is that the request is made to a person whose functions or activities are considered by the review partner to be such that the person is likely to have information that would enable or assist the performance of functions conferred on a review partner by sections 24 to 28.

(5) The person to whom a request under this section is made must comply with the request.

(6) The review partner that made the request may enforce the duty under subsection (5) against the person by making an application to the High Court or the county court for an injunction.

(7) A review partner may provide information to another review partner for the purpose of enabling or assisting the performance of functions under sections 24 to 28.

Information: supplementary

30

(1) A person may not be required under section 29 to disclose information that the person could not be compelled to disclose in proceedings before the High Court.

(2) A disclosure of information required or authorised by sections 27 to 29 does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(3) But sections 27 to 29 do not require or authorise a disclosure of information that—

(a) would contravene the data protection legislation (but in determining whether a disclosure would do so, the duty imposed or power conferred by the section in question is to be taken into account), or

(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(4) Sections 27 to 29 do not affect any duty or power to disclose information apart from those sections.

(5) In this section “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).

Delegating functions

31

(1) The Secretary of State may by regulations make provision enabling the relevant review partners in respect of a person’s death to act jointly to appoint—

(a) one of themselves, or

(b) another person,

to carry out on their behalf, in relation to the person’s death, one or more of the functions specified in the regulations.

(2) Regulations under subsection (1) may specify some or all of the functions of a review partner under section 28 or 29 relating to a review under section 24 or a report on the review.

(3) The Secretary of State may by regulations make provision enabling—

(a) a county council, and

(b) a district council for an area that is within the area of the county council,

to agree that one of them carry out on behalf of the other one or more of the functions specified in the regulations.

(4) Regulations under subsection (3) may specify some or all of the functions of a review partner under sections 24 to 29.

Guidance

32

(1) Review partners must have regard to any guidance issued by the Secretary of State in connection with functions conferred on them under sections 24 to 31.

(2) Before issuing guidance under this section, the Secretary of State must consult—

(a) persons appearing to the Secretary of State to represent review partners,

(b) the Welsh Ministers, so far as the proposed guidance relates to a devolved Welsh authority, and

(3) After issuing guidance under this section, the Secretary of State must lay a copy of the guidance before Parliament.

Power to pay grant: local health boards

33

Section 31(2) to (5) of the Local Government Act 2003 (power of the Secretary of State to pay grant to local authorities in Wales) applies in relation to local health boards in Wales and expenditure incurred or to be incurred by those local health boards in the exercise of their functions under this Chapter as it applies in relation to local authorities in Wales and expenditure incurred or to be incurred by those local authorities.

Piloting

34

(1) The Secretary of State may exercise the power in section 208(1) so as to bring sections 24 to 30, 32 and 33 into force—

(a) for all purposes, and

(b) in relation to the whole of England and Wales,

only if the conditions in subsections (2) and (3) are met.

(2) The condition in this subsection is that regulations under section 208(1) have brought some or all of sections 24 to 30, 32 and 33 into force only—

(a) for one or more specified purposes, or

(b) in relation to one or more specified areas.

(3) The condition in this subsection is that the Secretary of State has laid before Parliament a report on the operation of some or all of the provisions of sections 24 to 31—

(a) for one or more of those purposes, or

(b) in relation to one or more of those areas.

(4) Regulations under section 208(1) which bring any provision of sections 24 to 30, 32 and 33 into force only for a specified purpose or in relation to a specified area may—

(a) provide for that provision to be in force for that purpose or in relation to that area for a specified period;

(b) make transitional or saving provision in connection with that provision ceasing to be in force at the end of the specified period.

(5) Regulations containing provision by virtue of subsection (4)(a) may be amended by subsequent regulations under section 208(1) so as to continue any provision of sections 24 to 30, 32 and 33 in force—

(a) for the specified purpose, or

(b) in relation to the specified area,

for a further specified period.

(6) In this section “specified” means specified in regulations under section 208(1).

Regulations

35

(1) Regulations under this Chapter are to be made by statutory instrument.

(2) Regulations under this Chapter—

(a) may make different provision for different purposes and different provision for different areas;

(b) may make consequential, supplementary, incidental, transitional, transitory or saving provision.

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

(4) Subsection (3) does not apply to a statutory instrument containing only regulations under section 26(2) or (4).

(5) A statutory instrument within subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

36

(1) In this Chapter—

“devolved Welsh authority” has the meaning given in section 157A of the Government of Wales Act 2006;

“integrated care board” means a body established under section 14Z25 of the National Health Service Act 2006;

“local authority” means—in relation to England—a county council,a district council,a London borough council,the Common Council of the City of London in its capacity as a local authority, orthe Council of the Isles of Scilly;in relation to Wales—a county council, ora county borough council;

“local health board” means a local health board established under section 11 of the National Health Service (Wales) Act 2006;

“NHS body” has the same meaning as in the National Health Service Act 2006 (see section 275 of that Act);

“review partner” means—a chief officer of police for a police area in England or Wales,a local authority, an integrated care board, or a local health board;

“relevant review partner” has the meaning given by section 25.

(2) The Secretary of State may by regulations—

(a) amend the definition of “review partner”, and

(b) make such consequential amendments of this Chapter as appear to the Secretary of State to be appropriate.

(3) Before making regulations under subsection (2), the Secretary of State must consult—

(a) such persons as appear to the Secretary of State to represent review partners,

(b) the Welsh Ministers, so far as the proposed regulations relate to a devolved Welsh authority, and

CHAPTER 3 — Extraction of information from electronic devices

Extraction of information from electronic devices: investigations of crime etc

37

(1) An authorised person may extract information stored on an electronic device from that device if—

(a) a user of the device has voluntarily provided the device to an authorised person, and

(b) that user has agreed to the extraction of information from the device by an authorised person.

(2) The power in subsection (1) may be exercised only for the purposes of—

(a) preventing, detecting, investigating or prosecuting crime,

(b) helping to locate a missing person, or

(3) The reference in subsection (2) to crime is a reference to—

(a) conduct which constitutes one or more criminal offences in any part of the United Kingdom, or

(b) conduct which, if it took place in any part of the United Kingdom, would constitute one or more criminal offences.

(4) For the purposes of subsection (2) an adult is an at-risk adult if the authorised person reasonably believes that the adult—

(a) is experiencing, or at risk of, neglect or physical, mental or emotional harm, and

(b) is unable to protect themselves against the neglect or harm or the risk of it.

(5) An authorised person may exercise the power in subsection (1) only if—

(a) in a case where the authorised person proposes to exercise the power for a purpose within subsection (2)(a), the authorised person reasonably believes that information stored on the electronic device is relevant to a reasonable line of enquiry which is being, or is to be, pursued by an authorised person,

(b) in a case where the authorised person proposes to exercise the power for a purpose within subsection (2)(b) or (c), the authorised person reasonably believes that information stored on the electronic device is relevant to that purpose, and

(c) in any case, the authorised person is satisfied that exercise of the power is necessary and proportionate to achieve the purpose within subsection (2) for which the person proposes to exercise the power.

(6) Subsection (7) applies if the authorised person thinks that, in exercising the power, there is a risk of obtaining information other than—

(a) information necessary for a purpose within subsection (2) for which the authorised person may exercise the power, or

(b) information necessary for a purpose within subsection (2) of section 41 (investigations of death) for which the authorised person may exercise the power in subsection (1) of that section.

(7) The authorised person must, to be satisfied that the exercise of the power in subsection (1) is proportionate, be satisfied that—

(a) there are no other means of obtaining the information sought by the authorised person which avoid that risk, or

(b) there are such other means, but it is not reasonably practicable to use them.

(8) Subsection (9) applies if the authorised person thinks that, in exercising the power in subsection (1), there is a risk of obtaining confidential information.

(9) The authorised person must, to be satisfied that the exercise of the power is proportionate—

(a) have regard to the matters in subsection (10), and

(b) be satisfied that—

(i) there are no other means of obtaining the information sought by the authorised person which avoid that risk, or

(ii) there are such other means, but it is not reasonably practicable to use them.

(10) The matters referred to in subsection (9)(a) are—

(a) the amount of confidential information likely to be stored on the device, and

(b) the potential relevance of the confidential information to—

(i) a purpose within subsection (2) for which the authorised person may exercise the power, or

(ii) a purpose within subsection (2) of section 41 for which the authorised person may exercise the power in subsection (1) of that section.

(11) An authorised person must have regard to the code of practice for the time being in force under section 42 in exercising, or deciding whether to exercise, the power in subsection (1).

(12) This section does not affect any power relating to the extraction or production of information, or any power to seize any item or obtain any information, conferred by an enactment or rule of law.

(13) In this Chapter—

“adult” means a person aged 18 or over;

“authorised person” has the meaning given by subsection (1) of section 44 (subject to subsections (2) and (3) of that section);

“child” means a person aged under 18;

“confidential information” has the meaning given by section 43;

“criminal offence” includes—a service offence within the meaning of the Armed Forces Act 2006, andan SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059);

“electronic device” means any device on which information is capable of being stored electronically and includes any component of such a device;

“enactment” includes—an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978,an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,an enactment contained in, or in an instrument made under, an Act or Measure of Senedd Cymru, andan enactment contained in, or in an instrument made under, Northern Ireland legislation;

“information” includes moving or still images and sounds;

“user”, in relation to an electronic device, means a person who ordinarily uses the device.

(14) References in this Chapter to the extraction of information include its reproduction in any form.

(15) This section is subject to sections 38 (children, and adults without capacity), 39 (requirements for voluntary provision and agreement) and 40 (persons who have died etc).

Application of section 37 to children and adults without capacity

38

(1) A child is not to be treated for the purposes of section 37(1) as being capable of—

(a) voluntarily providing an electronic device to an authorised person for those purposes, or

(b) agreeing for those purposes to the extraction of information from the device by an authorised person.

(2) If a child is a user of an electronic device, a person who is not a user of the device but is listed in subsection (3) may—

(a) voluntarily provide the device to an authorised person for the purposes of section 37(1), and

(b) agree for those purposes to the extraction of information from the device by an authorised person.

(3) The persons mentioned in subsection (2) are—

(a) a parent or guardian of the child or, if the child is in the care of a relevant authority or voluntary organisation, a person representing that authority or organisation, or

(b) if no person within paragraph (a) is available, any responsible person who is aged 18 or over other than a relevant authorised person.

(4) Before exercising the power under section 37(1) by virtue of subsection (2), an authorised person must, so far as it is reasonably practicable to do so—

(a) ascertain the views of the child, and

(b) have regard to any views so ascertained, taking account of the child’s age and maturity.

(5) If an authorised person (“A”) exercises the power under section 37(1) as a result of action taken under subsection (2) by a person within subsection (3)(b), A must, unless A considers that it is not appropriate to do so, inform a person within subsection (3)(a) that A has exercised the power.

(6) An adult without capacity is not to be treated for the purposes of section 37(1) as being capable of—

(a) voluntarily providing an electronic device to an authorised person for those purposes, or

(b) agreeing for those purposes to the extraction of information from the device by an authorised person.

(7) If a user of an electronic device is an adult without capacity, a person who is not a user of the device but is listed in subsection (8) may—

(a) voluntarily provide the device to an authorised person for the purposes of section 37(1), and

(b) agree for those purposes to the extraction of information from the device by an authorised person.

(8) The persons mentioned in subsection (7) are—

(a) a parent or guardian of the adult without capacity or, if the adult without capacity is in the care of a relevant authority or voluntary organisation, a person representing that authority or organisation,

(b) a registered social worker,

(c) a person who, under a power of attorney, may make decisions for the purposes of subsection (7)(a) and (b) on behalf of the adult without capacity,

(d) a deputy appointed under section 16 of the Mental Capacity Act 2005 or section 113 of the Mental Capacity Act (Northern Ireland) 2016 who may make decisions for the purposes of subsection (7)(a) and (b) on behalf of the adult without capacity by virtue of that appointment,

(e) a person authorised under an intervention order under section 53 of the Adults with Incapacity (Scotland) Act 2000 (asp 4) who may make decisions for the purposes of subsection (7)(a) and (b) on behalf of the adult without capacity by virtue of that authorisation, or

(f) if no person within any of paragraphs (a) to (e) is available, any responsible person who is aged 18 or over other than a relevant authorised person.

(9) Nothing in this section prevents any other user of an electronic device who is not a child or an adult without capacity from—

(a) voluntarily providing the device to an authorised person for the purposes of section 37(1), or

(b) agreeing for those purposes to the extraction of information from the device by an authorised person.

(10) For the purposes of this Chapter a person is an adult without capacity if—

(a) in relation to England and Wales, the person is an adult who, within the meaning of the Mental Capacity Act 2005, lacks capacity to do the things mentioned in section 37(1)(a) and (b);

(b) in relation to Scotland, the person is an adult (within the meaning of this Chapter) who is incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000 in relation to the matters mentioned in section 37(1)(a) and (b);

(c) in relation to Northern Ireland, the person is an adult who, within the meaning of the Mental Capacity Act (Northern Ireland) 2016, lacks capacity to do the things mentioned in section 37(1)(a) and (b).

(11) In this Chapter—

“local authority”—in relation to England, means a county council, a district council for an area for which there is no county council, a London borough council or the Common Council of the City of London in its capacity as a local authority;in relation to Wales, means a county council or a county borough council;in relation to Scotland, means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

“registered social worker” means a person registered as a social worker in a register maintained by—Social Work England,the Care Council for Wales,the Scottish Social Services Council, orthe Northern Ireland Social Care Council;

“relevant authorised person”, in relation to the extraction of information from an electronic device for a particular purpose, means an authorised person who may extract the information from the device for that purpose;

“relevant authority”—in relation to England and Wales and Scotland, means a local authority;in relation to Northern Ireland, means an authority within the meaning of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));

“voluntary organisation”—in relation to England and Wales, has the same meaning as in the Children Act 1989;in relation to Scotland, has the same meaning as in Part 2 of the Children (Scotland) Act 1995;in relation to Northern Ireland, has the same meaning as in the Children (Northern Ireland) Order 1995.

(12) This section is subject to section 39 (requirements for voluntary provision and agreement).

Requirements for voluntary provision and agreement

39

(1) A person (“P”) is to be treated for the purposes of section 37 or 38 as having—

(a) voluntarily provided an electronic device to an authorised person, and

(b) agreed to the extraction of information from the device by an authorised person,

only if the requirements of this section have been met.

(2) An authorised person must not have placed undue pressure on P to provide the device or agree to the extraction of information from it.

(3) An authorised person must have given P notice in writing—

(a) specifying or describing the information that is sought,

(b) specifying the reason why the information is sought,

(d) stating that P may refuse to provide the device or agree to the extraction of information from it, and

(e) stating that the investigation or enquiry for the purposes of which the information is sought will not be brought to an end merely because P refuses to provide the device or agree to the extraction of information from it.

(4) Subject to subsection (5), P must have confirmed in writing that P has—

(a) voluntarily provided the device to an authorised person, and

(b) agreed to the extraction of information from the device by an authorised person.

(5) If P was unable to provide that confirmation in writing as a result of P’s physical impairment or lack of literacy skills—

(a) P must have given that confirmation orally, and

(b) an authorised person must have recorded P’s confirmation in writing.

(6) If P’s confirmation was given in writing and in hard copy form, the authorised person must have given P a copy of that confirmation (in hard copy or electronic form).

(7) If P’s confirmation was given orally, the authorised person must have given P a copy of the record of that confirmation (in hard copy or electronic form).

Application of section 37 where user has died etc

40

(1) If any of conditions A to C is met, an authorised person may exercise the power in section 37(1) to extract information stored on an electronic device from that device even though—

(a) the device has not been voluntarily provided to an authorised person by a user of the device, or

(b) no user of the device has agreed to the extraction of information from the device by an authorised person.

(2) Condition A is that—

(a) a person who was a user of the electronic device has died, and

(b) the person was a user of the device immediately before their death.

(3) Condition B is that—

(a) a user of the electronic device is a child or an adult without capacity, and

(b) an authorised person reasonably believes that the user’s life is at risk or there is a risk of serious harm to the user.

(4) Condition C is that—

(a) a person who was a user of the electronic device is missing,

(b) the person was a user of the device immediately before they went missing, and

(c) an authorised person reasonably believes that the person’s life is at risk or there is a risk of serious harm to the person.

(5) The exercise of the power in subsection (1) of section 37 by virtue of this section is subject to that section.

Extraction of information from electronic devices: investigations of death

41

(1) An authorised person may extract information stored on an electronic device from that device if—

(a) a person who was a user of the electronic device has died, and

(b) the person was a user of the device immediately before their death.

(2) The power in subsection (1) may be exercised only for the purposes of—

(a) an investigation into the person’s death under Chapter 1 of Part 1 of the Coroners and Justice Act 2009,

(b) an inquest into the person’s death under the Coroners Act (Northern Ireland) 1959, or

(3) References in subsection (2) to the exercise of the power in subsection (1) for the purposes of an investigation or inquest include references to the exercise of that power for the purposes of determining whether an investigation should be conducted or an inquest should be held.

(4) An authorised person may exercise the power in subsection (1) only if—

(a) the authorised person reasonably believes that information stored on the electronic device is relevant to a purpose within subsection (2), and

(b) the authorised person is satisfied that exercise of the power is necessary and proportionate to achieve that purpose.

(5) Subsection (6) applies if the authorised person thinks that, in exercising the power, there is a risk of obtaining information other than—

(a) information necessary for a purpose within subsection (2), or

(b) information necessary for a purpose within section 37(2).

(6) The authorised person must, to be satisfied that the exercise of the power is proportionate, be satisfied that—

(a) there are no other means of obtaining the information sought by the authorised person which avoid that risk, or

(b) there are such other means, but it is not reasonably practicable to use them.

(7) Subsection (8) applies if the authorised person thinks that, in exercising the power in subsection (1), there is a risk of obtaining confidential information.

(8) The authorised person must, to be satisfied that the exercise of the power is proportionate—

(a) have regard to the matters in subsection (9), and

(b) be satisfied that—

(i) there are no other means of obtaining the information sought by the authorised person which avoid that risk, or

(ii) there are such other means, but it is not reasonably practicable to use them.

(9) The matters referred to in subsection (8)(a) are—

(a) the amount of confidential information likely to be stored on the device, and

(b) the potential relevance of the confidential information to a purpose within subsection (2) or section 37(2).

(10) An authorised person must have regard to the code of practice for the time being in force under section 42 in exercising, or deciding whether to exercise, the power in subsection (1).

(11) This section does not affect any power relating to the extraction or production of information, or any power to seize any item or obtain any information, conferred by an enactment or rule of law.

Code of practice about the extraction of information

42

(1) The Secretary of State must prepare a code of practice containing guidance about the exercise of the powers in sections 37(1) and 41(1).

(2) The code may make different provision for different purposes or areas.

(3) In preparing the code, the Secretary of State must consult—

(a) the Information Commissioner,

(b) the Scottish Ministers,

(d) the Commissioner for Victims and Witnesses,

(e) the Domestic Abuse Commissioner,

(f) the Commission for Victims and Survivors for Northern Ireland, and

(g) such other persons as the Secretary of State considers appropriate.

(4) Subsection (3)(f) does not apply on or after the day appointed under Article 4(4) of the Victims and Survivors (Northern Ireland) Order 2006 (S.I. 2006/2953 (N.I. 17)) (power to revoke Article 4).

(5) After preparing the code, the Secretary of State must lay it before Parliament and publish it.

(6) The code is to be brought into force by regulations made by statutory instrument.

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

(8) After the code has come into force the Secretary of State may from time to time revise it.

(9) A failure on the part of an authorised person to act in accordance with the code does not of itself render the person liable to any criminal or civil proceedings.

(10) But the code is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to act in accordance with it in determining a question in the proceedings.

(11) References in subsections (2) to (10) to the code include a revised code, subject to subsection (12).

(12) The duty to consult in subsection (3) does not apply in relation to the preparation of a revised code if the Secretary of State considers that the proposed revisions are insubstantial.

Confidential information

43

(1) In this Chapter “confidential information” means information which constitutes or may constitute—

(a) confidential journalistic material within the meaning of the Investigatory Powers Act 2016 (see section 264(6) and (7) of that Act), or

(b) protected material.

(2) In subsection (1)(b) “protected material”—

(a) in relation to England and Wales means—

(i) items subject to legal privilege, within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act),

(ii) material falling within section 11(1)(a) of that Act (certain personal records held in confidence), or

(iii) material to which section 14(2) of that Act applies (other material acquired in the course of a trade etc that is held in confidence);

(b) in relation to Scotland means—

(i) items in respect of which a claim to confidentiality of communications could be maintained in legal proceedings, or

(ii) other material of a kind mentioned in paragraph (a)(ii) or (iii) of this subsection;

(i) items subject to legal privilege, within the meaning of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (see Article 12 of that Order),

(ii) material falling with Article 13(1)(a) of that Order (certain personal records held in confidence), or

(iii) material to which Article 16(2) of that Order applies (other material acquired in the course of a trade etc that is held in confidence).

Authorised persons

44

(1) Subject to subsections (2) and (3), in this Chapter “authorised person” means a person listed in Schedule 3.

(2) The power in subsection (1) of section 37 may be exercised for a purpose mentioned in subsection (2)(b) or (c) of that section only by a person listed in Part 1 or 2 of Schedule 3.

(3) The power in section 41(1) may be exercised only by a person listed in Part 1 of Schedule 3.

(4) The Secretary of State may by regulations made by statutory instrument amend Schedule 3—

(a) so as to add a reference to a person;

(b) so as to remove a reference to a person;

(5) Regulations under subsection (4) may contain transitional, transitory or saving provision.

(6) The Secretary of State must consult the Scottish Ministers before making regulations under subsection (4) if and so far as the regulations make provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(7) The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under subsection (4) if and so far as the regulations make provision that, if it were contained in an Act of the Northern Ireland Assembly—

(a) would be within the legislative competence of that Assembly, and

(b) would not require the consent of the Secretary of State.

(8) Subject to subsection (9), a statutory instrument containing regulations under subsection (4)(a) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(9) Subsection (8) does not apply to a statutory instrument containing regulations which—

(a) remove a reference to a person from Part 1 of Schedule 3 and add a reference to that person to Part 2 or 3 of that Schedule, or

(b) remove a reference to a person from Part 2 of that Schedule and add a reference to that person to Part 3 of that Schedule.

(10) A statutory instrument containing—

(a) regulations under subsection (4)(a) to which subsection (9) applies, or

(b) regulations under subsection (4)(b) or (c),

and which is not a statutory instrument to which subsection (8) applies is subject to annulment in pursuance of a resolution of either House of Parliament.

CHAPTER 4 — Other provisions

Pre-charge bail

Power to make consequential provision

45

(1) Schedule 4 contains amendments relating to pre-charge bail.

(2) In that Schedule—

(a) Part 1 makes provision relating to the grant of pre-charge bail,

(b) Part 2 makes provision about the factors to be taken into account in determining whether to grant pre-charge bail,

(c) Part 3 makes provision requiring the views of alleged victims to be sought in relation to the grant or variation of pre-charge bail subject to conditions,

(d) Part 4 makes provision relating to limits on periods of pre-charge bail,

(e) Part 5 makes provision about the determination of a period of police detention following a person’s arrest for breach of pre-charge bail, and

(f) Part 6 makes provision for guidance about pre-charge bail.

(3) An amendment made by Schedule 4—

(a) applies in relation to a person arrested for an offence only if the person was arrested for the offence after the coming into force of that amendment,

(b) applies in relation to a person arrested under section 46A of the Police and Criminal Evidence Act 1984 (failure to answer to police bail etc) only if the person was arrested after the coming into force of that amendment for the offence for which the person was originally released on bail, and

(c) applies in relation to a person arrested under section 24A of the Criminal Justice Act 2003 (failure to comply with conditional caution) only if the person was arrested after the coming into force of that amendment for the offence in respect of which the caution was given.

Sexual offences

Arranging or facilitating commission of a child sex offence

46

(1) Section 14 of the Sexual Offences Act 2003 (arranging or facilitating commission of a child sex offence) is amended in accordance with subsections (2) and (3).

(2) In subsection (1), in paragraph (b), for “9” substitute “5”.

(3) In subsection (4), for paragraphs (a) and (b) substitute “to the penalty to which the person would be liable on conviction of the offence within subsection (1)(b)”.

Positions of trust

47

(1) The Sexual Offences Act 2003 is amended as follows.

(2) After section 22 insert—

(22A) (1) For the purposes of sections 16 to 19, a person (A) is in a position of trust in relation to another person (B) if— (a) A coaches, teaches, trains, supervises or instructs B, on a regular basis, in a sport or a religion, and (b) A knows that they coach, teach, train, supervise or instruct B, on a regular basis, in that sport or religion. (2) In subsection (1)— - “sport” includes—any game in which physical skill is the predominant factor, andany form of physical recreation which is also engaged in for purposes of competition or display; - “religion” includes—a religion which involves belief in more than one god, anda religion which does not involve belief in a god. (3) This section does not apply where a person (A) is in a position of trust in relation to another person (B) by virtue of circumstances within section 21. (4) The Secretary of State may by regulations amend subsections (1) and (2) to add or remove an activity in which a person may be coached, taught, trained, supervised or instructed.

(3) In section 138(2) (orders and regulations) after “section 21,” insert “22A,”.

Voyeurism: breast-feeding

48

(1) Section 67A of the Sexual Offences Act 2003 (voyeurism: additional offences) is amended as follows.

(2) After subsection (2) insert—

(2A) A person (A) commits an offence if— (a) A operates equipment, (b) A does so with the intention of enabling A or another person (C), for a purpose mentioned in subsection (3), to observe another (B) while B is breast-feeding a child, and (c) A does so— (i) without B’s consent, and (ii) without reasonably believing that B consents. (2B) A person (A) commits an offence if— (a) A records an image of another (B) while B is breast-feeding a child, (b) A does so with the intention that A or another person (C) will look at the image for a purpose mentioned in subsection (3), and (c) A does so— (i) without B’s consent, and (ii) without reasonably believing that B consents.

(3) In subsection (3), for “and (2)” substitute “to (2B)”.

(4) After subsection (3) insert—

(3A) In this section a reference to B breast-feeding a child includes B re-arranging B’s clothing— (a) in the course of preparing to breast-feed the child, or (b) having just finished breast-feeding the child. (3B) It is irrelevant for the purposes of subsections (2A) and (2B)— (a) whether or not B is in a public place while B is breast-feeding the child, (b) whether or not B’s breasts are exposed while B is breast-feeding the child, and (c) what part of B’s body— (i) is, or is intended by A to be, visible in the recorded image, or (ii) is intended by A to be observed.

Domestic abuse

Time limit for prosecution of common assault or battery in domestic abuse cases

49

After section 39 of the Criminal Justice Act 1988 insert—

(39A) (1) This section applies to proceedings for an offence of common assault or battery where— (a) the alleged behaviour of the accused amounts to domestic abuse, and (b) the condition in subsection (2) or (3) is met. (2) The condition in this subsection is that— (a) the complainant has made a witness statement with a view to its possible admission as evidence in the proceedings, and (b) the complainant has provided the statement to— (i) a constable of a police force, or (ii) a person authorised by a constable of a police force to receive the statement. (3) The condition in this subsection is that— (a) the complainant has been interviewed by— (i) a constable of a police force, or (ii) a person authorised by a constable of a police force to interview the complainant, and (b) a video recording of the interview has been made with a view to its possible admission as the complainant’s evidence in chief in the proceedings. (4) Proceedings to which this section applies may be commenced at any time which is both— (a) within two years from the date of the offence to which the proceedings relate, and (b) within six months from the first date on which either of the conditions in subsection (2) or (3) was met. (5) This section has effect despite section 127(1) of the Magistrates’ Court Act 1980 (limitation of time). (6) In this section— - “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021; - “police force” has the meaning given by section 3(3) of the Prosecution of Offences Act 1985; - “video recording” has the meaning given by section 63(1) of the Youth Justice and Criminal Evidence Act 1999; - “witness statement” means a written statement that satisfies the conditions in section 9(2)(a) and (b) of the Criminal Justice Act 1967. (7) This section does not apply in relation to an offence committed before the coming into force of section 49 of the Police, Crime, Sentencing and Courts Act 2022.

Criminal damage to memorials

Criminal damage to memorials: mode of trial

50

(1) In Schedule 2 to the Magistrates’ Courts Act 1980 (offences for which the value involved is relevant to the mode of trial), in paragraph 1 (offences under section 1 of the Criminal Damage Act 1971), in the first column, for the words from “any offence” to the end substitute

—any offence committed by destroying or damaging property by fire, andany offence committed by destroying or damaging a memorial (see section 22(11A) to (11D)).

(2) In section 22 of that Act, after subsection (11) insert—

(11A) In paragraph 1 of Schedule 2 “memorial” means— (a) a building or other structure, or any other thing, erected or installed on land (or in or on any building or other structure on land), or (b) a garden or any other thing planted or grown on land, which has a commemorative purpose. (11B) For the purposes of that paragraph, any moveable thing (such as a bunch of flowers) which— (a) is left in, on or at a memorial within the meaning of subsection (11A), and (b) has (or can reasonably be assumed to have) a commemorative purpose, is also to be regarded as a memorial. (11C) For the purposes of subsections (11A) and (11B)— (a) references to a building or a structure include a reference to part of a building or part of a structure (as the case may be), and (b) something has a commemorative purpose if at least one of its purposes is to commemorate— (i) one or more individuals or animals (or a particular description of individuals or animals), or (ii) an event or a series of events (such as an armed conflict). (11D) It is immaterial for the purposes of subsection (11C)(b)(i) whether or not any individuals or animals concerned are or were (at any material time)— (a) living or deceased, or (b) capable of being identified.

(3) The amendments made by this section do not apply in relation to offences committed before it comes into force.

Overseas production orders

51

Schedule 5 contains amendments to the Crime (Overseas Production Orders) Act 2019.

Amendments to the Police and Criminal Evidence Act 1984 etc

Power to photograph certain persons at a police station

52

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

(2) In section 64A (photographing of suspects etc.), after subsection (1B) insert—

(1C) A person to whom subsection (1) or (1A) does not apply may be photographed at a police station without the appropriate consent if that person falls within subsection (1D), (1F) or (1H). (1D) A person falls within this subsection if (before or after the coming into force of this subsection) that person has been— (a) arrested for a recordable offence and released, (b) charged with a recordable offence, or (c) informed that they will be reported for such an offence, and either of the conditions in subsection (1E) is met in relation to that person. (1E) The conditions referred to in subsection (1D) are— (a) that the person has not been photographed in the course of the investigation of the offence by the police, or (b) that the person has been so photographed but— (i) any photograph taken on such a previous occasion is unavailable or inadequate, and (ii) a constable considers that taking a further photograph is necessary to assist in the prevention or detection of crime. (1F) A person falls within this subsection if (before or after the coming into force of this subsection) that person has been— (a) convicted of a recordable offence, or (b) given a caution in respect of a recordable offence which, at the time of the caution they have admitted, and either of the conditions in subsection (1G) is met in relation to that person. (1G) The conditions referred to in subsection (1F) are— (a) that the person has not been photographed since being convicted or cautioned, or (b) that the person has been so photographed but— (i) any photograph taken on such a previous occasion is unavailable or inadequate, and (ii) a constable considers that taking a further photograph is necessary to assist in the prevention or detection of crime. (1H) A person falls within this subsection if— (a) under the law in force in a country or territory outside England and Wales the person has been convicted of an offence under that law (whether before or after the coming into force of this subsection and whether or not they have been punished for it), (b) the act constituting the offence would constitute a qualifying offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted), and (c) either of the conditions in subsection (1I) is met in relation to that person. (1I) The conditions referred to in subsection (1H) are— (a) that the person has not been photographed on a previous occasion by virtue of being a person falling within subsection (1H), or (b) that the person has been so photographed but— (i) any photograph taken on such a previous occasion is unavailable or inadequate, and (ii) a constable considers that taking a further photograph is necessary to assist in the prevention or detection of crime. (1J) A person who falls within subsection (1F) or (1H) may be photographed under subsection (1C) only with the authorisation of an officer of at least the rank of inspector. (1K) An officer may only give an authorisation under subsection (1J) if the officer is satisfied that taking the photograph is necessary to assist in the prevention or detection of crime. (1L) In subsections (1E), (1G) and (1I)— (a) references to a photograph being unavailable include references to a photograph being lost or destroyed, and (b) references to a photograph being inadequate include references to a photograph being— (i) unclear, (ii) an incomplete photograph of the subject, or (iii) no longer an accurate representation of the subject’s appearance. (1M) In subsections (1E), (1G), (1I) and (1K) references to crime include references to any conduct which— (a) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom), or (b) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences.

(3) Schedule 2A (fingerprinting and samples: power to require attendance at police station) is amended in accordance with subsections (4) to (8).

(4) In the heading of the Schedule, for “and samples” substitute “, samples and photographs”.

(5) After Part 3 insert—

(14A) (1) A constable may require a person who falls within section 64A(1D)(a) to attend a police station to be photographed under section 64A(1C). (2) The power under sub-paragraph (1) may not be exercised in a case where section 64A(1E)(b) applies (photograph taken on a previous occasion unavailable or inadequate) after the end of the period of six months beginning with the day on which the appropriate officer was informed that section 64(1E)(b)(i) applied. (3) In sub-paragraph (2) the “appropriate officer” means the officer investigating the offence for which the person was arrested. (14B) (1) A constable may require a person who falls within section 64A(1D)(b) or (c) to attend a police station to be photographed under section 64A(1C). (2) The power under sub-paragraph (1) may not be exercised after the end of the period of six months beginning with— (a) in a case where section 64A(1E)(a) applies (photograph not previously taken), the day on which the person was charged or informed that they would be reported, or (b) in a case where section 64A(1E)(b) applies (photograph taken on a previous occasion unavailable or inadequate), the day on which the appropriate officer was informed that section 64A(1E)(b)(i) applied. (3) In sub-paragraph (2)(b) the “appropriate officer” means the officer investigating the offence for which the person was charged or informed that they would be reported. (14C) (1) A constable may require a person who falls within section 64A(1F) to attend a police station to be photographed under section 64A(1C). (2) Where section 64A(1G)(a) applies (photographs not previously taken), the power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with— (a) the day on which the person was convicted or cautioned, or (b) if later, the day on which this Part comes into force. (3) Where section 64A(1G)(b) applies (photograph taken on previous occasion unavailable or inadequate), the power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with— (a) the day on which an appropriate officer was informed that section 64A(1G)(b)(i) applied, or (b) if later, the day on which this Part comes into force. (4) In sub-paragraph (3)(a), “appropriate officer” means an officer of the police force which investigated the offence in question. (5) Sub-paragraphs (2) and (3) do not apply where the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction or caution). (14D) A constable may require a person falling within section 64A(1H) to attend at a police station to be photographed under section 64A(1C). (14E) (1) Where a photograph is taken of a person under section 64A on two occasions in relation to any offence, the person may not under this Schedule be required to attend a police station to be photographed under that section in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector. (2) Where an authorisation is given under sub-paragraph (1)— (a) the fact of the authorisation, and (b) the reasons for giving it, must be recorded as soon as practicable after it has been given.

(6) In the italic heading before paragraph 15 (requirement to have power to take fingerprints or sample), for “or sample” substitute “, sample or photograph”.

(7) In paragraph 15—

(a) for “or a sample” substitute “, a sample or a photograph”, and

(b) for “or sample”, in both places it occurs, substitute “, sample or photograph”.

(8) In paragraph 16(2) (date and time of attendance), for “or sample” substitute “, sample or photograph”.

Power to specify date of attendance at police station for fingerprinting etc

53

(1) Paragraph 16 of Schedule 2A to the Police and Criminal Evidence Act 1984 (attendance at police station for fingerprinting and taking of samples: date and time of attendance) is amended as follows.

(2) For sub-paragraph (1) substitute—

(1) A requirement under this Schedule— (a) must direct the person to attend the police station on a specified date, and (b) may either direct the person to attend the police station at a specified time on that date or direct the person to attend the police station between specified times on that date.

(3) In sub-paragraph (2), for “period or time or times of day” substitute “date, time or times”.

(4) Omit sub-paragraphs (3) and (4).

(5) In sub-paragraph (5), for “any period within which, or date or time at which,” substitute “any date, time at which or times between which”.

(6) The amendments made by this section apply only in relation to a requirement to attend a police station given under Schedule 2A to the Police and Criminal Evidence Act 1984 after the coming into force of this section.

PACE etc powers for food crime officers

54

(1) In the Police and Criminal Evidence Act 1984, after section 114B insert—

(114C) (1) The Secretary of State may by regulations apply any provision of this Act which relates to investigations of offences conducted by police officers to investigations of offences conducted by food crime officers. (2) The regulations may apply provisions of this Act with any modifications specified in the regulations. (3) In this section “food crime officer” means an officer of the Food Standards Agency who— (a) is acting for the purposes of the performance by the Food Standards Agency of its functions under the Food Standards Act 1999 or any other enactment (including functions relating to the investigation of offences), and (b) is authorised (whether generally or specifically) by the Secretary of State for the purposes of this section. (4) The investigations for the purposes of which provisions of this Act may be applied by regulations under this section include investigations of offences committed, or suspected of having been committed, before the coming into force of the regulations or of this section. (5) Regulations under this section are to be made by statutory instrument. (6) Regulations under this section may make— (a) different provision for different purposes; (b) provision which applies generally or for particular purposes; (c) incidental, supplementary, consequential, transitional or transitory provision or savings. (7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (8) In this section “enactment” includes— (a) an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, and (b) an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru.

(2) In the Criminal Justice and Public Order Act 1994, after section 39 insert—

(39A) (1) The Secretary of State may by regulations provide for any provision of section 36 or 37 that applies in relation to a constable to apply in relation to a food crime officer. (2) Regulations under subsection (1) may apply any provision of section 36 or 37 with any modifications specified in the regulations. (3) Regulations under subsection (1) may not apply a provision of section 36 or 37 in relation to a failure or refusal which occurred before the regulations come into force. (4) Regulations under subsection (1) are to be made by statutory instrument. (5) Regulations under subsection (1) may make— (a) different provision for different purposes; (b) provision which applies generally or for particular purposes; (c) incidental, supplementary, consequential, transitional or transitory provision or savings. (6) A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this section “food crime officer” has the meaning given by section 114C of the Police and Criminal Evidence Act 1984 (PACE powers for food crime officers).

(3) In the Food Standards Act 1999, after section 25 insert—

(25A) (1) A person commits an offence if the person— (a) intentionally obstructs a food crime officer who is acting in the exercise of functions conferred on the officer by virtue of section 114C of the Police and Criminal Evidence Act 1984 (PACE powers for food crime officers), (b) fails without reasonable excuse to comply with any requirement made of the person by such a food crime officer who is so acting, or (c) in purported compliance with such a requirement provides information which the person knows to be false or misleading in any material particular or recklessly provides information which is false or misleading in any material particular. (2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine, or to both. (3) In this section “food crime officer” has the meaning given by section 114C of the Police and Criminal Evidence Act 1984 (PACE powers for food crime officers).

(4) In the Police Reform Act 2002—

(a) in section 10 (general functions of the Director General)—

(i) in subsection (1), at the end of paragraph (ga) insert

; and (gb) to carry out such corresponding functions in relation to officers of the Food Standards Agency acting in the exercise of functions conferred on them by virtue of— (i) section 114C of the Police and Criminal Evidence Act 1984 (PACE powers for food crime officers), or (ii) section 39A of the Criminal Justice and Public Order Act 1994 (powers for food crime officers: inferences from silence).

, and

(ii) in subsection (3), after paragraph (bd) insert—

(be) any regulations under section 26E of this Act (food crime officers);

, and

(b) after section 26D insert—

(26E) (1) The Secretary of State may make regulations conferring functions on the Director General in relation to officers of the Food Standards Agency (the “Agency”) acting in the exercise of functions conferred on them by virtue of— (a) section 114C of the Police and Criminal Evidence Act 1984 (PACE powers for food crime officers), or (b) section 39A of the Criminal Justice and Public Order Act 1994 (powers for food crime officers: inferences from silence). (2) Regulations under this section may, in particular— (a) apply (with or without modifications), or make provision similar to, any provision of or made under this Part; (b) make provision for payment by the Agency to, or in respect of, the Office or in respect of the Director General. (3) The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which— (a) the Director General has functions by virtue of this section, and (b) the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967. (4) An officer of the Agency may disclose information to the Director General or to a person acting on the Director General’s behalf, for the purposes of the exercise by the Director General or by any person acting on the Director General’s behalf, of an Agency complaints function. (5) The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function— (a) by virtue of this section, or (b) under the Parliamentary Commissioner Act 1967. (6) Regulations under this section may, in particular, make— (a) further provision about the disclosure of information under subsection (4) or (5); (b) provision about the further disclosure of information that has been so disclosed. (7) A disclosure of information authorised by this section does not breach— (a) any obligation of confidence owed by the person making the disclosure, or (b) any other restriction on the disclosure of information (however imposed). (8) But this section does not authorise a disclosure of information that— (a) would contravene the data protection legislation (but in determining whether a disclosure would do so, the power conferred by this section is to be taken into account), or (b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016. (9) In this section— - “Agency complaints function” means a function in relation to the exercise of functions by officers of the Agency; - “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

(5) The amendments made by subsections (1) to (3) and any regulations made under provision inserted by subsections (1) and (2) bind the Crown.

(6) No contravention by the Crown of section 25A of the Food Standards Act 1999 (as inserted by subsection (3)) makes the Crown criminally liable; but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention.

(7) That section applies to persons in the public service of the Crown as it applies to other persons.

(8) If the Secretary of State certifies that it appears requisite or expedient in the interests of national security that any powers of entry conferred by regulations made under provision inserted by subsection (1) should not be exercisable in relation to any Crown premises specified in the certificate, those powers shall not be exercisable in relation to those premises.

(9) In this section “Crown premises” means premises held or used by or on behalf of the Crown.

(10) Nothing in this section affects Her Majesty in her private capacity; and this subsection is to be interpreted as if section 38(3) of the Crown Proceedings Act 1947 (references to Her Majesty in her private capacity) were contained in this Act.

Search for material relating to human remains

Entry and search of premises for human remains or material relating to human remains

55

(1) On an application made by a constable, a justice of the peace may issue a warrant authorising a constable to enter and search premises if the justice of the peace is satisfied that the following conditions are met.

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

(3) The second condition is that there are reasonable grounds for believing that the material does not consist of or include—

(a) items subject to legal privilege,

(b) excluded material, or

(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,

(d) that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

(5) The premises referred to in subsection (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”).

(6) If the application is for an all premises warrant, the justice of the peace 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 in order to find the material referred to in subsection (2), 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.

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

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

(9) A constable may—

(a) seize and retain anything for which a search has been authorised under subsection (1), and

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

(10) The power to issue a warrant conferred by this section is in addition to any such power otherwise conferred.

(11) In this section, section 56 and Schedule 6 “relevant human remains” means the body or any other human remains of—

(a) a person who the constable making the application reasonably believes to have died in England and Wales but whose death has not been registered under section 15 of the Births and Deaths Registration Act 1953,

(b) a person whose death has been registered under that Act following an investigation under section 1(5) of the Coroners and Justice Act 2009, or

(12) In this section, section 56 and Schedule 6 the following expressions have the same meaning as in the Police and Criminal Evidence Act 1984—

(a) “items subject to legal privilege” (see section 10 of that Act);

(b) “excluded material” (see section 11 of that Act);

(d) “premises” (see section 23 of that Act).

Special procedure for access to material relating to human remains

56

(1) Schedule 6 makes provision for a constable to obtain access to excluded material or special procedure material that consists of, or relates to the location of, relevant human remains.

(2) Section 4 of the Summary Jurisdiction (Process) Act 1881 (which includes provision for the execution of process of English and Welsh courts in Scotland) and section 29 of the Petty Sessions (Ireland) Act 1851 (which makes equivalent provision for execution in Northern Ireland) apply to any process issued by a judge under Schedule 6 to this Act as they apply to process issued by a magistrates’ court under the Magistrates’ Courts Act 1980.

Additional seizure powers

57

In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (powers of seizure to which section 50 of that Act applies), at the end insert—

(73U) Each of the powers of seizure conferred by section 55(9)(a) of, and paragraph 11(a) of Schedule 6 to, the Police, Crime, Sentencing and Courts Act 2022 (seizure in connection with human remains or material relating to human remains).

Prisoner custody officers

Functions of prisoner custody officers in relation to live link hearings

58

(1) The Criminal Justice Act 1991 is amended as follows.

(2) Section 80 (arrangements for the provision of prisoner escorts) is amended in accordance with subsections (3) to (5).

(3) In subsection (1), after paragraph (b) insert—

(ba) the custody of prisoners at a police station for any purpose connected with their participation in a preliminary, sentencing or enforcement hearing through a live audio link or live video link;

(4) After subsection (1A) insert—

(1B) Subsection (1)(ba) applies in relation to prisoners whether the hearing is yet to take place, is taking place or has taken place.

(5) In subsection (4), at the appropriate place insert—

“enforcement hearing”, “live audio link”, “live video link”, “preliminary hearing” and “sentencing hearing” each has the meaning given in section 56(1) of the Criminal Justice Act 2003;

(6) Section 82 (powers and duties of prisoner custody officers) is amended in accordance with subsections (7) and (8).

(7) After subsection (4) insert—

(4A) Subsections (4B) and (4C) apply if a prisoner custody officer acting in pursuance of prisoner escort arrangements is at a police station for the purposes of exercising functions under section 80(1)(ba) (custody of prisoners in relation to live link proceedings) in relation to a prisoner. (4B) It is the prisoner custody officer’s duty to give effect to— (a) any order of the Crown Court under section 142 of the Powers of Criminal Courts (Sentencing) Act 2000 in relation to the prisoner, or (b) any order of a magistrates’ court under section 80 of the 1980 Act in relation to the prisoner. (4C) The fact that the prisoner custody officer is exercising, or may exercise, functions under section 80(1)(ba) in relation to the prisoner does not prevent a constable from exercising any powers in relation to the prisoner that are otherwise available to the constable.

(8) In subsection (5) for “and (4)” substitute “, (4) and (4B)”.

Proceeds of crime

Proceeds of crime: account freezing orders

59

(1) In section 303Z1 of the Proceeds of Crime Act 2002 (application for account freezing order)—

(a) omit subsections (5A) and (5B), and

(b) in subsection (6), at the appropriate place insert—

“relevant financial institution” means—a bank,a building society,an electronic money institution, ora payment institution.

(2) In section 316(1) of that Act (general interpretation), in the definition of “relevant financial institution”, after “303Z1” insert “(6)”.

(3) In section 48 of the Financial Services Act 2021 (extent)—

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