Legalize / United Kingdom / Public General Act

Police, Crime, Sentencing and Courts Act 2022

Type Public General Act

Publication 2022-04-28

Last updated 2026-04-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(v) any offence under any provision of Part 3 or 3A of the Public Order Act 1986 (hatred by reference to race etc)— (i) which does not fall within paragraph (c) or (k), and (ii) as respects which the court makes a declaration that the offence related to a football match, to a football organisation or to a person whom the accused knew or believed to have a prescribed connection with a football organisation, (w) any offence under section 31 of the Crime and Disorder Act 1998 (racially or religiously aggravated public order offences) as respects which the court makes a declaration that the offence related to a football match, to a football organisation or to a person whom the accused knew or believed to have a prescribed connection with a football organisation, (x) any offence under section 1 of the Malicious Communications Act 1988 (offence of sending letter, electronic communication or article with intent to cause distress or anxiety)— (i) which does not fall within paragraph (d), (e), (m), (n), (r) or (s), (ii) as respects which the court has stated that the offence is aggravated by hostility of any of the types mentioned in section 66(1) of the Sentencing Code (racial hostility etc), and (iii) as respects which the court makes a declaration that the offence related to a football match, to a football organisation or to a person whom the accused knew or believed to have a prescribed connection with a football organisation, (y) any offence under section 127(1) of the Communications Act 2003 (improper use of public telecommunications network)— (i) which does not fall within paragraph (d), (e), (m), (n), (r) or (s), (ii) as respects which the court has stated that the offence is aggravated by hostility of any of the types mentioned in section 66(1) of the Sentencing Code (racial hostility etc), and (iii) as respects which the court makes a declaration that the offence related to a football match, to a football organisation or to a person whom the accused knew or believed to have a prescribed connection with a football organisation.

(7) In paragraph 4—

(a) the words from “In this Schedule” to “Part II of this Act.” become sub-paragraph (1),

(b) after sub-paragraph (1) insert—

(1A) In this Schedule “football organisation” means an organisation which is a regulated football organisation for the purposes of Part 2 of this Act.

, and

(3) The provision that may be made by an order made by the Secretary of State for the purposes of this Schedule includes provision that a person has a prescribed connection with a football organisation where— (a) the person has had a connection of a prescribed kind with a football organisation in the past, or (b) the person will or may have a connection of a prescribed kind with a football organisation in the future.

(8) In section 14 (main definitions), after subsection (2) insert—

(2A) “Regulated football organisation” means an organisation (whether in the United Kingdom or elsewhere) which— (a) relates to association football, and (b) is a prescribed organisation or an organisation of a prescribed description.

(9) Section 23 (further provision about, and appeals against, declarations of relevance) is amended in accordance with subsections (10) and (11).

(10) In subsection (1), for the words from “related to football matches” to the end of the subsection substitute

— (a) related to football matches, (b) related to a particular football match or to particular football matches, (c) related to a football organisation, or (d) related to a person whom the defendant knew or believed to have a prescribed connection with a football organisation, as the case may be.

(11) In subsection (5), for the words from “related to football matches” to the end of the subsection substitute

— (a) related to football matches, (b) related to one or more particular football matches, (c) related to a football organisation, or (d) related to a person whom the defendant knew or believed to have a prescribed connection with a football organisation.

(12) This section does not apply in relation to an offence committed before the day appointed by regulations under section 208(1) for its coming into force (so far as it has not previously been commenced by section 208(4)(y)).

Football banning orders: power to amend list of relevant offences

191

(1) In section 14 of the Football Spectators Act 1989 (main definitions), after subsection (8) insert—

(9) The Secretary of State may by regulations amend paragraph 1 of Schedule 1 so as to add, modify or remove a reference to an offence or a description of offence. (10) Regulations under subsection (9) may make consequential amendments to this Act. (11) A statutory instrument containing regulations under subsection (9) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(2) Section 22A of that Act (other interpretation, etc) is amended in accordance with subsections (3) and (4).

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

(4) After subsection (3) insert—

(3A) An order or regulations under this Part— (a) may make different provision for different purposes; (b) may make consequential, supplementary, incidental, transitional, transitory or saving provision.

Football banning orders: requirement to make order on conviction etc

192

(1) In section 14A of the Football Spectators Act 1989 (banning order made on conviction of an offence), for subsections (2) and (3) substitute—

(2) The court must make a banning order in respect of the offender unless the court considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to do so. (3) Where the court does not make a banning order it must state in open court the reasons for not doing so.

(2) Section 22 of that Act (banning orders arising out of offences outside England and Wales) is amended in accordance with subsections (3) and (4).

(3) In subsection (4), for the words following paragraph (b) substitute—

must make a banning order in relation to the person, unless subsection (5) applies.

(4) For subsections (5) and (5A) substitute—

(5) This subsection applies if— (a) it appears to the court that the conviction of the corresponding offence in a country outside England and Wales is the subject of proceedings in a court of law in that country questioning the conviction, or (b) the court considers that there are particular circumstances relating to the corresponding offence or to the person which would make it unjust in all the circumstances to make a banning order. (5A) Where the court does not make a banning order on the ground mentioned in subsection (5)(b) it must state in open court the reasons for not doing so.

(5) This section does not apply in relation to an offence committed before the day appointed by regulations under section 208(1) for its coming into force.

PART 11 — Rehabilitation of offenders

Rehabilitation of offenders

193

(1) The Rehabilitation of Offenders Act 1974, as it forms part of the law of England and Wales, is amended as follows.

(2) Section 5 (rehabilitation periods for particular sentences) is amended in accordance with subsections (3) to (12).

(3) In subsection (1) (sentences excluded from rehabilitation)—

(a) for paragraph (b) substitute—

(b) any of the following sentences, where the sentence is imposed for an offence specified in Schedule 18 to the Sentencing Code (serious violent, sexual and terrorism offences) or a service offence as respects which the corresponding offence is so specified— (i) a sentence of imprisonment for a term exceeding 4 years; (ii) a sentence of youth custody for such a term; (iii) a sentence of detention in a young offender institution for such a term; (iv) a sentence of corrective training for such a term; (v) a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 for such a term; (vi) a sentence of detention under section 250 or 252A of the Sentencing Code for such a term; (vii) a sentence of detention under section 209 or 224B of the Armed Forces Act 2006 for such a term; (viii) a sentence of detention under section 205ZC(5) or 208 of the Criminal Procedure (Scotland) Act 1995 for such a term;

, and

(b) in paragraph (d) omit the words from “or a sentence of detention” to the end of that paragraph (including the “and” at the end of that paragraph).

(4) After subsection (1) insert—

(1ZA) In subsection (1)(b)— (a) “service offence” means an offence under— (i) section 42 of the Armed Forces Act 2006, (ii) section 70 of the Army Act 1955 or Air Force Act 1955, or (iii) section 42 of the Naval Discipline Act 1957, and (b) “corresponding offence” means— (i) in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section; (ii) in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act; (iii) in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section. (1ZB) Section 48 of the Armed Forces Act 2006 (supplementary provisions relating to ancillary service offences) applies for the purposes of subsection (1ZA)(b)(i) as it applies for the purposes of the provisions of that Act referred to in subsection (3)(b) of that section.

(5) In subsection (2) (rehabilitation periods), in the words before paragraph (a), for “(3) and” substitute “(2A) to”.

(6) In the table in subsection (2)(b) (rehabilitation periods)—

(a) for the three rows relating to custodial sentences substitute—

A custodial sentence of more than 4 years	The end of the period of 7 years beginning with the day on which the sentence (including any licence period) is completed	The end of the period of 42 months beginning with the day on which the sentence (including any licence period) is completed
A custodial sentence of more than 1 year and up to, or consisting of, 4 years	The end of the period of 4 years beginning with the day on which the sentence (including any licence period) is completed	The end of the period of 2 years beginning with the day on which the sentence (including any licence period) is completed
A custodial sentence of 1 year or less	The end of the period of 12 months beginning with the day on which the sentence (including any licence period) is completed	The end of the period of 6 months beginning with the day on which the sentence (including any licence period) is completed

;

(b) omit the row relating to a community or youth rehabilitation order.

(7) After subsection (2) (and after the table in subsection (2)(b)) insert—

(2A) Subsection (2B) applies where provision is made by or under a relevant order for the order to have effect— (a) until further order, (b) until the occurrence of a specified event, or (c) otherwise for an indefinite period. (2B) The rehabilitation period for the order is the period— (a) beginning with the date of the conviction in respect of which the order is imposed, and (b) ending when the order ceases to have effect.

(8) For subsection (3) (rehabilitation period for community etc order which does not provide for the last day on which the order has effect) substitute—

(3) The rehabilitation period for a relevant order which is not otherwise dealt with in the Table or under subsections (2A) and (2B) is the period of 24 months beginning with the date of conviction.

(9) In subsection (4)(b) (rehabilitation period for other sentences), for “subsection (3)” substitute “any of subsections (2A) to (3)”.

(10) In subsection (7), in the words before paragraph (a), for “For” substitute “Subject to subsection (7A), for”.

(11) After subsection (7) insert—

(7A) Subsection (7)(a) or (b) does not apply for the purposes of determining whether a sentence is excluded from rehabilitation by virtue of subsection (1)(b). (7B) For the purposes of this section, a sentence imposed as mentioned in subsection (7)(f) for an offence— (a) under the law of Scotland, Northern Ireland or a country or territory outside the United Kingdom, and (b) which would have constituted an offence specified in Schedule 18 to the Sentencing Code if it had been committed in England and Wales, is to be treated as a sentence for an offence specified in that Schedule (and for this purpose an act punishable under the law in force in a country or territory outside the United Kingdom constitutes an offence under that law, however it is described in that law).

(12) In subsection (8) (interpretation), in the definition of “relevant order”—

(a) before paragraph (a) insert—

a community or youth rehabilitation order,

, and

(b) for paragraph (g) substitute—

any order which—imposes a disqualification, disability, prohibition, penalty, requirement or restriction, oris otherwise intended to regulate the behaviour of the person convicted,and is not otherwise dealt with in the Table,

(13) In section 6(5) (the rehabilitation period applicable to a conviction), for the words from “by virtue of” to “or other penalty” substitute “to an order within paragraph (g) of the definition of “relevant order” in section 5(8) above”.

(14) In section 7(1)(d) (limitations on rehabilitation under the Act), for “or other penalty” substitute “, penalty, requirement, restriction or other regulation of the person’s behaviour”.

(15) In paragraph 5(b) of Schedule 2 (protection for spent cautions), after “prohibition” insert “, requirement”.

(16) This section applies in relation to convictions before the day on which this section comes into force (“the commencement day”) as well as in relation to convictions on or after that day.

(17) The Rehabilitation of Offenders Act 1974 (“the 1974 Act”) applies in relation to convictions before the commencement day as if the amendments made by this section had always had effect.

(18) Where by virtue of subsection (17)—

(a) a person would, before the commencement day, have been treated for the purposes of the 1974 Act as a rehabilitated person in respect of a conviction, or

(b) a conviction would, before that day, have been treated for the purposes of that Act as spent,

the person or conviction concerned is (subject to any order made by virtue of section 4(4) or 7(4) of that Act) to be so treated on and after that day.

PART 12 — Disregards and pardons for certain historical offences

Disregard of certain convictions or cautions

194

(1) The Protection of Freedoms Act 2012 is amended in accordance with subsections (2) to (10).

(2) Section 92 (power of Secretary of State to disregard convictions or cautions) is amended in accordance with subsections (3) to (5).

(3) In subsection (1) for the words from “under” to the end of paragraph (c) substitute “in circumstances where the conduct constituting the offence was sexual activity between persons of the same sex”.

(4) In subsection (3)—

(a) in paragraph (a)—

(i) for the first “the” substitute “any”,

(ii) for “conduct constituting the offence consented to it and” substitute “sexual activity”, and

(iii) omit the second “and”, and

(b) for paragraph (b) substitute—

(b) the offence has been repealed or, in the case of an offence at common law, abolished by enactment (whether or not it has been re-enacted or replaced), and (c) the sexual activity would not, if occurring in the same circumstances at the point of decision, constitute an offence.

(5) After subsection (6) insert—

(7) In this section “sexual activity” includes— (a) any physical or affectionate activity which is of a type characteristic of people involved in an intimate personal relationship, and (b) conduct intended to lead to sexual activity.

(6) In section 93(3) (applications to the Secretary of State), for the words from “the matters” to the end substitute

— (a) whether a conviction or caution is of a kind mentioned in section 92(1); (b) the matters mentioned in condition A in that section.

(7) In section 94 (procedure for decisions by the Secretary of State)—

(a) in subsection (1)—

(i) after “considering” insert “whether a conviction or caution is of a kind mentioned in section 92(1) or”, and

(ii) for “section 92” substitute “that section”,

(b) in subsection (2)—

(i) after “deciding” insert “whether a conviction or caution is of a kind mentioned in section 92(1) or”, and

(ii) for “section 92” substitute “that section”,

(2A) If the Secretary of State refuses an application on the basis that the caution or conviction is not of a kind mentioned in section 92(1), the Secretary of State must— (a) record the decision in writing, and (b) give notice of it to the applicant.

(8) In section 99 (appeal against refusal to disregard convictions or cautions)—

(a) in subsection (1)(a) after “Secretary of State” insert “refuses an application on the basis mentioned in section 94(2A) or”,

(b) in subsection (3), for the words from “that it” to the end substitute

— (a) that the conviction or caution is of a kind mentioned in section 92(1), it must make an order to that effect; (b) that it appears as mentioned in condition A of that section, it must make an order to that effect.

, and

(9) In section 100(1) (advisers)—

(a) for the second “Secretary of State” substitute

Secretary of State— (a) the caution or conviction is of a kind mentioned in section 92(1), or

(b) the remaining text becomes paragraph (b), and

(10) In section 101—

(a) in subsection (1)—

(i) in paragraph (a) of the definition of “conviction”, after “proceedings” insert “(including anything that under section 376(1) and (2) of the Armed Forces Act 2006 is to be treated as a conviction for the purposes of that Act)”,

(ii) at the end of the definition of “sentence” insert “(including anything that under section 376(1) and (3) of the Armed Forces Act 2006 is to be treated as a sentence for the purposes of that Act),”,

(iii) at the end of paragraph (a) of the definition of “service disciplinary proceedings” omit “or”,

(iv) after paragraph (b) of the definition of “service disciplinary proceedings” insert

, or (c) in respect of a service offence (whether or not before a court but excepting proceedings before a civilian court within the meaning of the Armed Forces Act 2006);

and for the purposes of paragraph (c) “service offence” means a service offence within the meaning of the Armed Forces Act 2006, or an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (SI 2009/1059).”, and

(v) in the appropriate place insert—

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

(b) omit subsections (3) and (4),

(c) in subsection (5) for paragraphs (a) and (b) substitute “a reference to an inchoate or ancillary offence relating to the offence.”,

(d) in subsection (6)—

(i) for the first “or incitement” substitute “, incitement, encouraging or assisting”, and

(ii) for the second “or incitement” substitute “, incitement, encouraging or assisting”,

(e) after subsection (6) insert—

(6A) For the purposes of section 92, an inchoate or ancillary offence is to be treated as repealed or abolished to the extent that the offence to which it relates is repealed or abolished. (6B) A reference to an inchoate or ancillary offence in relation to an offence is a reference to an offence of— (a) attempting, conspiracy or incitement to commit the offence, (b) encouraging or assisting the commission of the offence, or (c) aiding, abetting, counselling or procuring the commission of the offence. (6C) For the purposes of section 92, an offence under an enactment mentioned in subsection (6D) is to be treated as repealed to the extent that the conduct constituting the offence under the enactment— (a) was punishable by reference to an offence under the law of England and Wales which has been repealed or abolished, or (b) if the conduct was not punishable by the law of England and Wales, was punishable by reference to equivalent conduct constituting an offence under the law of England and Wales which has been repealed or abolished. (6D) The enactments are— (a) section 45 of the Naval Discipline Act 1866, (b) section 41 of the Army Act 1881, (c) section 41 of the Air Force Act 1917, (d) section 70 of the Army Act 1955, (e) section 70 of the Air Force Act 1955, (f) section 42 of the Naval Discipline Act 1957, and (g) section 42 of the Armed Forces Act 2006.

, and

(f) in subsection (7) for “(5) and (6)” substitute “(5), (6) and (6B)”.

(11) Nothing in this section affects the disregard of a conviction or caution that was disregarded before this section comes into force.

Pardons for certain convictions or cautions

195

(1) The Policing and Crime Act 2017 is amended in accordance with subsections (2) to (13).

(2) Section 164 (posthumous pardons for convictions etc. of certain abolished offences) is amended in accordance with subsections (3) to (10).

(3) Before subsection (1) insert—

(A1) Subsection (1) applies in relation to a person— (a) who was convicted of, or cautioned for, an offence in circumstances where the conduct constituting the offence was sexual activity between persons of the same sex, and (b) who died before the end of the period of twelve months beginning with— (i) the day on which section 194 of the Police, Crime, Sentencing and Courts Act 2022 comes into force, or (ii) if later, the day on which the offence referred to in paragraph (a) became an abolished offence (see subsection (1A)).

(4) For subsection (1) substitute—

(1) The person is pardoned for the offence if— (a) any other person involved in the sexual activity was aged 16 or over, and (b) the offence has become an abolished offence. (1A) An offence becomes an abolished offence at the point at which conditions A and B are first met. (1B) Condition A is that the offence has been repealed or, in the case of an offence at common law, abolished by enactment (whether or not it was re-enacted or replaced). (1C) Condition B is that the sexual activity referred to in subsection (A1)(a) would not, if occurring in the same circumstances, constitute an offence.

(5) Omit subsections (2) to (6).

(6) In subsection (7)—

(a) for “subsection (8)” substitute “subsections (8) and (8A)”, and

(b) at the end of paragraph (b) insert “(but as if the reference in subsections (6A) and (6C) to section 92 were a reference to this section)”.

(7) In subsection (8) (as amended by section 19 of the Armed Forces Act 2021)—

(a) omit paragraph (ba),

(b) at the end of paragraph (c) omit “or”,

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

(8) After subsection (8) insert—

(8A) Section 101(6D) of the 2012 Act is to be read, in its application to this section by virtue of subsection (7) of this section, as if the enactments listed in that subsection included— (a) Article 2 of Section 20 of the Articles of War of 1749 (offences triable by courts martial outside Great Britain), (b) section 38 of the Naval Discipline Act 1860, (c) section 38 of the Naval Discipline Act 1861, (d) section 41 of the Naval Discipline Act 1864, (e) Article 93 of Section 2 of the Articles of War of 1876 (offences not specified in Marine Mutiny Act or Articles of War), (f) section 41 of the Army Discipline and Regulation Act 1879, and (g) any provision corresponding to the provision mentioned in paragraphs (a) or (e), contained in other relevant Articles of War.

(9) In subsection (10) (inserted by section 19 of the Armed Forces Act 2021) insert in the appropriate place—

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

(10) After subsection (10) insert—

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

(11) In section 165(1) (other pardons for convictions etc. of certain abolished offences) after “offence” insert “in the circumstances”.

(12) Omit section 166 (power to provide disregards and pardons for additional abolished offences).

(13) In section 167 (sections 164 to 166: supplementary)—

(a) in the opening words of subsection (1) omit “, or under regulations under 166,”, and

(b) in subsection (2)—

(i) for “sections 164 to 166” substitute “section 164 or 165”, and

(ii) omit “or regulations under section 166”.

(14) Nothing in this section affects a pardon for a conviction or caution which took effect before this section comes into force.

(15) In section 19 of the Armed Forces Act 2021 (posthumous pardons in relation to certain abolished offences), omit subsection (2) and paragraphs (b) and (c) of subsection (3).

PART 13 — Procedures in courts and tribunals

Juries

British Sign Language interpreters for deaf jurors

196

(1) The Juries Act 1974 is amended as follows.

(2) After section 9B insert—

(9C) (1) For the purpose of section 9B(2), in determining whether or not a person who is deaf should act as a juror, the judge must consider whether the assistance of a British Sign Language interpreter would enable that person to be capable of acting effectively as a juror. (2) Where the judge considers that the assistance of a British Sign Language interpreter would enable the person to be capable of acting effectively as a juror, the judge may appoint one or more interpreters to provide that assistance, and affirm the summons. (3) An interpreter appointed under subsection (2) may remain with the jury in the course of their deliberations in proceedings before a court for the purpose of enabling the person the interpreter is assisting to act effectively as a juror. (4) The interpreter must not interfere in or influence the deliberations of the jury (see section 20I as to the offence).

(3) After section 20G insert—

(20H) (1) Section 12(1) and (2) (challenge for cause) apply to an interpreter appointed under section 9C(2) as those provisions apply to jurors. (2) Section 15A (surrender of electronic communications devices) applies to an interpreter appointed under section 9C(2) as it applies to members of a jury. (3) Section 20A (offence of research by jurors) applies to an interpreter appointed under section 9C(2) as it applies to members of a jury with the modification that the reference to “the trial period” in subsection (5), in relation to an interpreter, is the period— (a) beginning when the interpreter is appointed under section 9C(2), and (b) ending when the judge discharges the jury or, if earlier, when the judge discharges the interpreter. (4) Section 20B (offence of sharing research with other jurors) applies to an interpreter appointed under section 9C(2) as it applies to members of a jury, but the references in section 20B to “section 20A” and “the trial period” are to be read as references to “section 20A” and “the trial period” as modified by subsection (3) of this section. (5) In the following provisions of section 20F (exceptions to offence of disclosing jury deliberations), the references to the conduct of a juror include the conduct of an interpreter appointed under section 9C(2)— (a) subsection (1)(b)(ii); (b) subsection (4)(b); (c) subsection (5). (20I) (1) It is an offence for an interpreter appointed under section 9C(2) intentionally to interfere in or influence the deliberations of the jury in proceedings before a court. (2) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both). (3) Proceedings for an offence under this section may only be instituted by or with the consent of the Attorney General.

(4) In section 22(A1) (offences which do not affect contempt of court at common law) for “or 20C” substitute “, 20C or 20I”.

Continuation of criminal trial on death or discharge of a juror

197

In section 16 of the Juries Act 1974 (continuation of criminal trial on death or discharge of juror)—

(a) in subsection (1) for “subsections (2) and (3)” substitute “subsection (3)”, and

(b) omit subsection (2) (trials for offences punishable with death).

Transmission and recording of court and tribunal proceedings

Remote observation and recording of court and tribunal proceedings

198

(1) In the Courts Act 2003, after section 85 insert—

(85A) (1) This section applies (subject to subsections (12) and (13)) to proceedings in any court; and in this section “court” has the same meaning as in the Contempt of Court Act 1981 (see section 19 of that Act). (2) If the proceedings are specified under subsection (8)(a), the court may direct that images or sounds of the proceedings are to be transmitted electronically for the purpose of enabling persons not taking part in the proceedings to watch or listen to the proceedings. (3) A direction under subsection (2) may authorise only the following types of transmission— (a) transmission to designated live-streaming premises, or (b) transmission to which individuals are given access only having first identified themselves to the court (or to a person acting on behalf of the court). (4) In subsection (3)(a), “designated live-streaming premises” means premises that are designated by the Lord Chancellor as premises that are made available for members of the public to watch or listen to proceedings in accordance with directions under subsection (2). (5) A direction under subsection (2) may include further provision about— (a) the manner of transmission, or (b) the persons who are to be able to watch or listen to the transmission (including provision making that ability subject to conditions, or aimed at preventing persons who are not meant to watch or listen from being able to do so). (6) If images or sounds of the proceedings are transmitted electronically (whether under a direction under subsection (2) or any other power), the court may direct that a recording of the transmission is to be made, in the manner specified in the direction, for the purpose of enabling the court to keep a record of the proceedings. (7) A direction under subsection (2) or (6)— (a) may relate to the whole, or to part, of the proceedings concerned, and (b) may be varied or revoked. (8) The Lord Chancellor may by regulations— (a) specify proceedings (by reference to their type, the court in which they take place, or any other circumstance) in relation to which directions under subsection (2) may be made; (b) specify matters of which the court must be satisfied before deciding to make such a direction; (c) specify matters that the court must take into account when deciding whether, and on what terms, to make such a direction; (d) require directions under subsection (2) to include certain provision under subsection (5). (9) Before making regulations under subsection (8), the Lord Chancellor must determine whether the function of giving or withholding concurrence to the regulations would most appropriately be exercised by— (a) the Lord Chief Justice of England and Wales, (b) the Senior President of Tribunals, or (c) both of them. (10) Regulations under subsection (8) may be made only with the concurrence of the Lord Chief Justice of England and Wales, the Senior President of Tribunals, or both of them, as determined under subsection (9). (11) Regulations under subsection (8) may make different provision for different purposes. (12) This section does not apply to proceedings in the Supreme Court. (13) This section does not apply to proceedings if provision regulating the procedure to be followed in those proceedings could be made by— (a) an Act of the Scottish Parliament, (b) an Act of Senedd Cymru (including one passed with the consent of a Minister of the Crown within the meaning of section 158(1) of the Government of Wales Act 2006), or (c) an Act of the Northern Ireland Assembly passed without the consent of the Secretary of State.

(2) In section 41 of the Criminal Justice Act 1925 (prohibition of photography etc in court)—

(a) after subsection (1) insert—

(1ZA) Subsection (1) does not apply to anything done in accordance with a direction under section 85A of the Courts Act 2003 (remote observation and recording of court and tribunal proceedings).

;

(b) in subsection (1A), after “provide for” insert “further”.

(3) In section 29 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) (prohibition of photography etc in court), after subsection (1) insert—

(1A) Subsection (1) does not apply to anything done in accordance with a direction under section 85A of the Courts Act 2003 (remote observation and recording of court and tribunal proceedings).

(4) In section 9 of the Contempt of Court Act 1981 (prohibition of tape recording etc), after subsection (4) insert—

(4A) This section does not apply to anything done in accordance with a direction under section 85A of the Courts Act 2003 (remote observation and recording of court and tribunal proceedings).

(5) In section 108(3) of the Courts Act 2003 (regulations and orders under that Act subject to affirmative procedure), after paragraph (c) insert—

(ca) regulations under section 85A (8) (provision about directions for remote observation of court and tribunal proceedings);

Offence of recording or transmission in relation to remote proceedings

199

In the Courts Act 2003, after section 85A (inserted by section 198) insert—

(85B) (1) It is an offence for a person to make, or attempt to make— (a) an unauthorised recording, or (b) an unauthorised transmission, of an image or sound within subsection (2) or (3). (2) An image or sound is within this subsection if it is an image or sound of court proceedings that is being transmitted to the place where the recording or transmission referred to in subsection (1) is made or attempted to be made. (3) An image or sound is within this subsection if it is an image or sound of a person while that person is remotely attending court proceedings. (4) A person is remotely attending court proceedings at any time when the person— (a) is not in the same place as any member of the court, and (b) is taking part in, watching or listening to the proceedings by way of a transmission. (5) For the purposes of this section a recording or transmission is “unauthorised” unless it is— (a) authorised (generally or specifically) by the court in which the proceedings concerned are being conducted, or (b) authorised (generally or specifically) by the Lord Chancellor. (6) It is a defence for a person charged with an offence under subsection (1) to prove that, at the time of the actual or attempted recording or transmission, the person— (a) was not in designated live-streaming premises, and (b) did not know that the image or sound concerned was of a sort within subsection (2) or (3). (7) In subsection (6)(a), “designated live-streaming premises” has the meaning given by section 85A (4). (8) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (9) Conduct that amounts to an offence under subsection (1) is also a contempt of court. But a person cannot, in respect of the same conduct, be both convicted of the offence and punished for the contempt. (10) For the purposes of this section it does not matter whether a person making, or attempting to make, a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person. (11) This section does not apply to proceedings in the Supreme Court. (12) This section does not apply to court proceedings if provision regulating the procedure to be followed in those proceedings could be made by— (a) an Act of the Scottish Parliament, (b) an Act of Senedd Cymru (including one passed with the consent of a Minister of the Crown within the meaning of section 158(1) of the Government of Wales Act 2006), or (c) an Act of the Northern Ireland Assembly passed without the consent of the Secretary of State. (13) In this section— - “court” has the same meaning as in the Contempt of Court Act 1981 (see section 19 of that Act); - “court proceedings” means proceedings in any court; - “recording” means a recording on any medium— of a single image, a moving image or any sound, or from which a single image, a moving image or any sound may be produced or reproduced; - “transmission” means any transmission by electronic means of a single image, a moving image or any sound (and “transmitted” is to be construed accordingly).

Expansion of use of video and audio links in criminal proceedings

200

(1) In the Criminal Justice Act 2003, for section 51 substitute—

(51) (1) The court may, by a direction, require or permit a person to take part in eligible criminal proceedings through— (a) a live audio link, or (b) a live video link. (2) A direction under this section may be given in relation to a member of a jury only if the direction requires all members of the jury to take part through a live video link while present at the same place. (3) In this Part “eligible criminal proceedings” means— (a) a preliminary hearing (see section 56(1)), (b) a summary trial, (c) a criminal appeal to the Crown Court and any proceedings that are preliminary or incidental to such an appeal, (d) a trial on indictment or any other trial in the Crown Court for an offence, (e) proceedings under section 4A or 5 of the Criminal Procedure (Insanity) Act 1964, (f) proceedings under Part 3 of the Mental Health Act 1983, (g) proceedings under— (i) section 11 of the Powers of Criminal Courts (Sentencing) Act 2000, or (ii) section 81(1)(g) of the Senior Courts Act 1981 or section 16 of this Act in respect of a person who has been remanded by a magistrates’ court on adjourning a case under that section of the 2000 Act, (h) an appeal to the criminal division of the Court of Appeal and any proceedings that are preliminary or incidental to such an appeal, (i) a reference to the Court of Appeal by the Attorney General under Part 4 of the Criminal Justice Act 1988 and any proceedings that are preliminary or incidental to such a reference, (j) the hearing of a reference under section 9 or 11 of the Criminal Appeal Act 1995 and any proceedings that are preliminary or incidental to such a hearing, (k) a hearing before a magistrates’ court or the Crown Court which is held after the defendant has entered a plea of guilty, (l) a hearing under section 142(1) or (2) of the Magistrates’ Courts Act 1980, (m) a hearing before the Court of Appeal under section 80 of this Act and any proceedings that are preliminary or incidental to such a hearing, (n) any hearing following conviction held for the purpose of making a decision about bail in respect of the person convicted, (o) a sentencing hearing (see section 56(1)), or (p) an enforcement hearing (see section 56(1)). (4) The court may not give a direction under this section unless— (a) the court is satisfied that it is in the interests of justice for the person to whom the direction relates to take part in the proceedings in accordance with the direction through the live audio link or live video link, (b) the parties to the proceedings have been given the opportunity to make representations, and (c) if so required by section 52 (9), the relevant youth offending team has been given the opportunity to make representations. (5) In deciding whether to give a direction under this section, the court must consider— (a) any guidance given by the Lord Chief Justice, and (b) all the circumstances of the case. (6) Those circumstances include in particular— (a) the availability of the person to whom the direction would relate, (b) any need for that person to attend in person, (c) the views of that person, (d) the suitability of the facilities at the place where that person would take part in the proceedings in accordance with the direction, (e) whether that person would be able to take part in the proceedings effectively if the person took part in accordance with the direction, (f) in the case of a direction relating to a witness— (i) the importance of the witness’s evidence to the proceedings, and (ii) whether the direction might tend to inhibit any party to the proceedings from effectively testing the witness’s evidence, and (g) the arrangements that would or could be put in place for members of the public to see or hear the proceedings as conducted in accordance with the direction.

(2) In the Crime and Disorder Act 1998, omit Part 3A (live links in preliminary, sentencing and enforcement hearings).

(3) Schedule 20 makes further provision in connection with the provision made by subsections (1) and (2).

Repeal of temporary provision

201

(1) In the Coronavirus Act 2020, sections 53 and 54 and Schedules 23 and 24 (which make temporary modifications that are superseded by the provision made by section 200) are repealed.

(2) In the Coronavirus Act 2020, section 55 and Schedule 25 (which make temporary modifications that are superseded by the provision made by sections 198 and 199) are repealed.

Expedited procedure for initial regulations about remote observation of proceedings

202

(1) This section applies in relation to the first regulations made under section 85A(8) of the Courts Act 2003 (as inserted by section 198(1)).

(2) The regulations may be made without a draft of the instrument containing them having been laid before and approved by a resolution of each House of Parliament (notwithstanding section 108(3) of the Courts Act 2003).

(3) If regulations are made in reliance on subsection (2), the statutory instrument containing them must be laid before Parliament after being made.

(4) Regulations contained in a statutory instrument laid before Parliament under subsection (3) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

(5) In calculating the period of 28 days, no account is to be taken of any whole days that fall within a period during which—

(a) Parliament is dissolved or prorogued, or

(b) either House of Parliament is adjourned for more than four days.

(6) If regulations cease to have effect as a result of subsection (4), that does not—

(a) affect the validity of anything previously done under or by virtue of the regulations, or

(b) prevent the making of new regulations.

PART 14 — Final provisions

Financial provision

203

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by a Minister of the Crown, government department or other public authority, and

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Minor amendments arising out of sentencing consolidation

204

Schedule 21 makes minor amendments to the Sentencing Act 2020 and other enactments in connection with the consolidation that led to that Act.

Power to make consequential provision

205

(1) The Secretary of State may by regulations made by statutory instrument make provision that is consequential on this Act.

(2) Regulations under subsection (1) may, in particular, amend, repeal or revoke any enactment passed or made before, or in the same Session as, this Act.

(3) In subsection (2) “enactment” includes—

(a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978,

(b) an enactment contained in, or in an instrument made under, an Act or Measure of Senedd Cymru,

(d) an enactment contained in, or in an instrument made under, Northern Ireland legislation.

(4) Regulations under subsection (1)—

(a) may make different provision for different purposes;

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

(5) A statutory instrument containing (whether alone or with any other provision) regulations under subsection (1) which amend, repeal or revoke primary legislation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6) Any other 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 “primary legislation” means—

(a) an Act of Parliament,

(b) an Act or Measure of Senedd Cymru,

(d) Northern Ireland legislation.

Power to state effect in Sentencing Act 2020 of commencement of amendments made by this Act

206

The power in section 419(1) of the Sentencing Act 2020 (power to state effect of commencement provisions) applies in relation to any amendment or repeal made by or under this Act of that Act as it applies in relation to an amendment or repeal made by Schedule 22 to that Act.

Extent

207

(1) This Act extends to England and Wales only, subject to the following provisions of this section.

(2) The following provisions extend to England and Wales, Scotland and Northern Ireland—

(a) section 1;

(b) sections 37 to 44 (and Schedule 3);

(d) section 202;

(e) this Part, other than section 204 (and Schedule 21).

(3) Sections 89(3) to (7), 141 and 143 extend to England and Wales and Scotland.

(4) Section 161 extends to England and Wales and Northern Ireland.

(5) A provision of this Act which amends, repeals or revokes an enactment has the same extent within the United Kingdom as the enactment amended, repealed or revoked, subject to subsections (6) to (9).

(6) The following provisions extend to England and Wales only—

(a) section 54;

(b) sections 79, 81 and 83;

(d) section 90;

(e) section 165;

(f) sections 168 and 169;

(g) section 193;

(h) in Schedule 11, the amendments to the Rehabilitation of Offenders Act 1974 and the Police Act 1997.

(7) Sections 198 and 199 extend to England and Wales, Scotland and Northern Ireland.

(8) In Schedule 18—

(a) paragraphs 4 and 6 extend to England and Wales, Scotland and Northern Ireland, and

(b) paragraph 5 extends to England and Wales and Scotland only.

(9) Section 170 extends to Scotland only.

(10) Nothing in the preceding provisions of this section limits the extent within the United Kingdom of any provision made, or inserted, by or under this Act so far as it is applied (by whatever words) by or under the Armed Forces Act 2006.

(11) Subsections (1) and (2) of section 384 of the Armed Forces Act 2006 (extent outside the United Kingdom) apply to the armed forces provisions as those subsections apply to the provisions of that Act.

(12) The following are “armed forces provisions”—

(a) a provision made, or inserted, by or under this Act so far as it is applied (by whatever words) by or under the Armed Forces Act 2006;

(b) an amendment, modification or repeal made by or under this Act of—

(i) a provision of or made under the Armed Forces Act 2006,

(ii) a provision that amends, modifies or repeals a provision of, or made under, that Act, or

(iii) any other provision, so far as the provision is applied (by whatever words) by or under that Act.

Commencement

208

(1) Except as provided by subsections (4) and (5), this Act comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

(2) Regulations under subsection (1) may appoint different days for different purposes or areas.

(3) Subsection (1) is subject to sections 34, 161 and 166.

(4) The following provisions of this Act come into force on the day on which this Act is passed—

(a) section 4 for the purposes of making regulations;

(b) sections 8 to 12 (and Schedules 1 and 2) for the purposes of making regulations;

(d) section 14 for the purposes of making regulations;

(e) section 19 for the purposes of issuing guidance;

(f) section 20 for the purposes of making regulations;

(g) sections 22 and 23;

(h) sections 24 to 26 for the purposes of making regulations;

(i) section 31;

(j) section 32 for the purposes of issuing guidance;

(k) sections 34 to 36;

(l) section 71;

(m) section 72;

(n) section 82 for the purposes of making regulations;

(o) section 90 for the purposes of making regulations;

(p) section 132;

(q) sections 140 to 143;

(r) section 161(1) so far as relating to Part 2 of Schedule 17 (and that Part of that Schedule) for the purposes of making regulations;

(s) section 161(2) to (9);

(t) sections 163 and 164;

(u) section 165 for the purposes of issuing guidance and making regulations;

(v) section 166;

(w) section 167(2) to (4);

(x) section 189;

(y) section 190 for the purposes of making an order;

(z) section 191;

(aa) sections 198 and 199;

(ab) section 202;

(ac) this Part other than section 204 and Schedule 21.

(5) The following provisions of this Act come into force at the end of the period of two months beginning with the day on which this Act is passed—

(a) section 2;

(b) section 3;

(d) section 51 (and Schedule 5);

(e) sections 52 and 53;

(f) section 54;

(g) section 58;

(h) section 59;

(i) sections 83 to 88 (and Schedule 8);

(j) sections 122 and 123;

(k) section 124 (and Schedule 12);

(l) sections 125 to 128;

(m) sections 130 and 131;

(n) section 135;

(o) section 138;

(p) sections 144 to 148;

(q) sections 150 and 151;

(r) section 153 (and Schedule 14);

(s) section 154 (and Schedule 15);

(t) sections 157 to 160 (and Schedule 16);

(u) section 161(1) so far as relating to Parts 1, 4 and 5 of Schedule 17 (and those Parts of that Schedule);

(v) section 162;

(w) sections 184 to 188 (and Schedule 19);

(x) sections 196 and 197;

(y) section 200 (and Schedule 20);

(z) section 201(1);

(aa) section 204 (and Schedule 21).

(6) The Secretary of State may by regulations made by statutory instrument make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.

Short title

209

This Act may be cited as the Police, Crime, Sentencing and Courts Act 2022.

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

PART 1 — Authorised persons in relation to all purposes within section 37 or 41

PART 2 — Authorised persons in relation to all purposes within section 37

PART 3 — Authorised persons in relation to the prevention of crime etc only

SCHEDULE 4

PART 1 — Grant of pre-charge bail

Amendments to the Police and Criminal Evidence Act 1984 (c. 60)

1

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

2

(1) Section 30A (release of a person arrested elsewhere than at a police station) is amended as follows.

(2) For subsection (1) substitute—

(1) If subsection (1A) applies, a constable may release on bail a person who is arrested or taken into custody in the circumstances mentioned in section 30(1).

(3) In subsection (1A)(b), for “a police officer of the rank of inspector or above” substitute “a custody officer”.

(4) Before subsection (2) insert—

(1C) If subsection (1A) does not apply, a constable may release without bail a person who is arrested or taken into custody in the circumstances mentioned in section 30(1).

(5) In subsection (2), after “subsection (1)” insert “or (1C)”.

3

(1) Section 34 (limitations on police detention) is amended as follows.

(2) For subsection (5) substitute—

(5) A person whose release is ordered under subsection (2) must be released on bail if subsection (5A) applies.

(3) After subsection (5A) insert—

(5AA) A person whose release is ordered under subsection (2) must be released without bail if subsection (5A) does not apply.

(4) In subsection (5B)(a), after “subsection (5)” insert “or (5AA)”.

4

In section 36 (custody officers at police stations), after subsection (7B) insert—

(7C) The reference to a custody officer in section 30A(1A)(b) includes a reference to an officer other than a custody officer who is performing the functions of a custody officer by virtue of subsection (4) above.

5

(1) Section 37 (duties of custody officer before charge) is amended as follows.

(2) For subsection (2) substitute—

(2) If— (a) the custody officer (“C”) determines that C does not have such evidence before C, and (b) the pre-conditions for bail are satisfied, the person arrested must be released on bail (subject to subsection (3)).

(3) After subsection (2) insert—

(2A) If— (a) the custody officer (“C”) determines that C does not have such evidence before C, and (b) the pre-conditions for bail are not satisfied, the person arrested must be released without bail (subject to subsection (3)).

(4) In subsection (6A)(a), after “subsection (2)” insert “or (2A)”.

(5) In subsection (7), for paragraphs (b) and (c) (including the “or” at the end of paragraph (c)) substitute—

(b) shall be released— (i) without charge, and (ii) if the pre-conditions for bail are satisfied, on bail, but not for the purpose mentioned in paragraph (a), (c) shall be released— (i) without charge, and (ii) if the pre-conditions for bail are not satisfied, without bail, or

(6) In subsection (8A)(b), for “(c)” substitute “(b)”.

6

(1) Section 37CA (breach of bail following release under section 37(7)(c)) is amended as follows.

(2) In the section heading, for “section 37(7)(c)” substitute “section 37(7)(b)”.

(3) In subsection (1), for “section 37(7)(c)” substitute “section 37(7)(b)”.

(4) In subsection (2), for paragraph (b) substitute—

(b) shall be released— (i) without charge, and (ii) if the pre-conditions for bail are satisfied, on bail, or (c) shall be released— (i) without charge, and (ii) if the pre-conditions for bail are not satisfied, without bail.

7

In section 37D(4A) (release on bail under section 37: further provision), for “section 37(7)(c)” substitute “section 37(7)(b)”.

8

In section 41(7) (release following period of detention without charge), for paragraphs (a) and (b) substitute—

(a) on bail, if the pre-conditions for bail are satisfied, or (b) without bail, if those pre-conditions are not satisfied.

9

In section 42(10) (release following continued detention without charge), for paragraphs (a) and (b) and the words following those paragraphs substitute—

(a) on bail, if the pre-conditions for bail are satisfied, or (b) without bail, if those pre-conditions are not satisfied, subject to subsection (10A).

10

(1) Section 43 (warrants of further detention) is amended as follows.

(2) In subsection (15), for paragraphs (a) and (b) substitute—

(a) on bail, if the pre-conditions for bail are satisfied, or (b) without bail, if those pre-conditions are not satisfied.

(3) In subsection (18), for paragraphs (a) and (b) substitute—

(a) on bail, if the pre-conditions for bail are satisfied, or (b) without bail, if those pre-conditions are not satisfied.

11

In section 44(7) (release following extension of warrants of further detention), for paragraphs (a) and (b) substitute—

(a) on bail, if the pre-conditions for bail are satisfied, or (b) without bail, if those pre-conditions are not satisfied.

12

(1) Section 47ZC (applicable bail period: conditions A to D) is amended as follows.

(2) In subsection (3)(a), for “section 37(7)(c)” substitute “section 37(7)(b)”.

(3) In subsection (4)(a), for “section 37(7)(c)” substitute “section 37(7)(b)”.

13

In section 50A (interpretation of references to pre-conditions for bail), for paragraph (b) substitute—

(b) that the custody officer has considered any representations made by the person or the person’s legal representative.

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

14

The Criminal Justice Act 2003 is amended as follows.

15

(1) Section 24A (arrest for failure to comply with conditions attached to conditional caution) is amended as follows.

(2) In subsection (2), for paragraphs (b) and (c) substitute—

(b) released without charge and on bail if— (i) the release is to enable a decision to be made as to whether the person should be charged with the offence, and (ii) the pre-conditions for bail are satisfied, or (c) released without charge and without bail (with or without any variation in the conditions attached to the caution) if paragraph (b) does not apply.

(3) In subsection (3)(a), for “subsection (2)(c)” substitute “subsection (2)(b)”.

(4) In subsection (4), for “subsection (2)(c)” substitute “subsection (2)(b)”.

6

In section 24B(5) (application of PACE provisions), for “section 24A(2)(c)” substitute “section 24A(2)(b)”.

PART 2 — Factors to be taken into account in deciding whether to grant pre-charge bail

17

In section 30A of the Police and Criminal Evidence Act 1984 (release of person arrested elsewhere than at police station), after subsection (1A) insert—

(1B) In determining whether releasing the person on bail is necessary and proportionate in all the circumstances, the constable must have regard in particular to— (a) the need to secure that the person surrenders to custody, (b) the need to prevent offending by the person, (c) the need to safeguard victims of crime and witnesses, taking into account any vulnerabilities of any alleged victim of, or alleged witness to, the offence for which the person was arrested where these vulnerabilities have been identified by the constable, (d) the need to safeguard the person, taking into account any vulnerabilities of the person where these vulnerabilities have been identified by the constable, and (e) the need to manage risks to the public.

18

(1) Section 50A of the Police and Criminal Evidence Act 1984 (interpretation of references to pre-conditions for bail) is amended as follows.

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

(3) After that subsection insert—

(2) In determining whether releasing the person on bail is necessary and proportionate in all the circumstances, the custody officer must have regard in particular to— (a) the need to secure that the person surrenders to custody, (b) the need to prevent offending by the person, (c) the need to safeguard victims of crime and witnesses, taking into account any vulnerabilities of any alleged victim of, or alleged witness to, the offence for which the person was arrested where these vulnerabilities have been identified by the custody officer, (d) the need to safeguard the person, taking into account any vulnerabilities of the person where these vulnerabilities have been identified by the custody officer, and (e) the need to manage risks to the public.

PART 3 — Duty to seek views of alleged victims

Amendments to the Bail Act 1976 (c. 63)

19

In section 3A of the Bail Act 1976 (conditions of bail in case of police bail), after subsection (6) insert—

(7) For further provision about the grant of bail by a custody officer under Part 4 of the Police and Criminal Evidence Act 1984 or the variation by a custody officer of the conditions of bail granted under that Part, see section 47ZZA of that Act.

Amendments to the Police and Criminal Evidence Act 1984 (c. 60)

20

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

21

(1) Section 30CA (bail under section 30A: variation of conditions by police) is amended as follows.

(2) After subsection (4) insert—

(4A) If it is reasonably practicable to do so, the investigating officer must seek the views of the alleged victim (if any) of the relevant offence on— (a) whether any of the conditions that are relevant conditions should be varied under subsection (1), and (b) if so, what variations should be made to those conditions. (4B) The investigating officer must inform the relevant officer of any views obtained under subsection (4A). (4C) If any of the conditions which are relevant conditions are varied under subsection (1), the investigating officer must, if it is reasonably practicable to do so, notify the alleged victim of the variations. (4D) If the alleged victim of the relevant offence appears to the investigating officer to be vulnerable, subsections (4A) and (4C) apply as if references to the alleged victim of the offence were to a person appearing to the officer to represent the alleged victim.

(3) For subsection (5) substitute—

(5) In this section— - “investigating officer”, in relation to the relevant offence, means the constable or other person in charge of the investigation of the offence; - “relevant condition”, in relation to the relevant offence and an alleged victim of that offence, means a condition that relates to the safeguarding of the alleged victim; - “relevant offence” means the offence for which the person making the request under subsection (1) was under arrest when granted bail under section 30A(1); - “relevant officer”, in relation to a designated police station, means a custody officer but, in relation to any other police station—means a constable who is not involved in the investigation of the relevant offence, if such a constable is readily available, andif no such constable is readily available—means a constable other than the one who granted bail to the person, if such a constable is readily available, andif no such constable is readily available, means the constable who granted bail. (6) For the purposes of this section a person (“P”) is an alleged victim of an offence if— (a) an allegation has been made to a constable or other person involved in the investigation of the offence that P has suffered physical, mental or emotional harm, or economic loss, which was directly caused by the offence, and (b) P is an individual. (7) For the purposes of this section an alleged victim of an offence is vulnerable if the alleged victim— (a) was aged under 18 at the time of the offence, or (b) may have difficulty understanding a communication from an investigating officer under this section, or communicating effectively in response to it, by reason of— (i) a physical disability or disorder, (ii) a mental disorder within the meaning of the Mental Health Act 1983, or (iii) a significant impairment of intelligence and social functioning.

22

After section 47 insert—

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