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Police, Crime, Sentencing and Courts Act 2022

Current text a fecha 2022-11-30

PART 1 — Protection of the police etc

Police covenant report

Police covenant report

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so far as these matters relate to the fact that the persons concerned are members or former members of the police workforce.

are sought in relation to the matters to be covered by the report.

Offences against emergency workers

Increase in penalty for assault on emergency worker

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Required life sentence for manslaughter of emergency worker

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(258A) (1) This section applies where— (a) a person aged under 18 is convicted of a relevant offence, (b) the offence was committed— (i) when the person was aged 16 or over, and (ii) on or after the relevant commencement date, and (c) the offence was committed against an emergency worker acting in the exercise of functions as such a worker. (2) The court must impose a sentence of detention for life under section 250 unless the court is of the opinion that there are exceptional circumstances which— (a) relate to the offence or the offender, and (b) justify not doing so. (3) For the purposes of subsection (1)(c) the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker. (4) In this section “relevant offence” means the offence of manslaughter, but does not include— (a) manslaughter by gross negligence, or (b) manslaughter mentioned in section 2(3) or 4(1) of the Homicide Act 1957 or section 54(7) of the Coroners and Justice Act 2009 (partial defences to murder). (5) In this section— - “emergency worker” has the meaning given by section 68; - “relevant commencement date” means the date on which section 3 of the Police, Crime, Sentencing and Courts Act 2022 (required life sentence for manslaughter of emergency worker) comes into force. (6) An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law. (7) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1)(b) to have been committed on the last of those days.

(274A) (1) This section applies where— (a) a person aged 18 or over but under 21 is convicted of a relevant offence, (b) the offence was committed— (i) when the person was aged 16 or over, and (ii) on or after the relevant commencement date, and (c) the offence was committed against an emergency worker acting in the exercise of functions as such a worker. (2) The court must impose a sentence of custody for life under section 272 unless the court is of the opinion that there are exceptional circumstances which— (a) relate to the offence or the offender, and (b) justify not doing so. (3) For the purposes of subsection (1)(c) the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker. (4) In this section “relevant offence” means the offence of manslaughter, but does not include— (a) manslaughter by gross negligence, or (b) manslaughter mentioned in section 2(3) or 4(1) of the Homicide Act 1957 or section 54(7) of the Coroners and Justice Act 2009 (partial defences to murder). (5) In this section— - “emergency worker” has the meaning given by section 68; - “relevant commencement date” means the date on which section 3 of the Police, Crime, Sentencing and Courts Act 2022 (required life sentence for manslaughter of emergency worker) comes into force. (6) An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law. (7) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1)(b) to have been committed on the last of those days.

(285A) (1) This section applies where— (a) a person aged 21 or over is convicted of a relevant offence, (b) the offence was committed— (i) when the person was aged 16 or over, and (ii) on or after the relevant commencement date, and (c) the offence was committed against an emergency worker acting in the exercise of functions as such a worker. (2) The court must impose a sentence of imprisonment for life unless the court is of the opinion that there are exceptional circumstances which— (a) relate to the offence or the offender, and (b) justify not doing so. (3) For the purposes of subsection (1)(c) the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker. (4) In this section “relevant offence” means the offence of manslaughter, but does not include— (a) manslaughter by gross negligence, or (b) manslaughter mentioned in section 2(3) or 4(1) of the Homicide Act 1957 or section 54(7) of the Coroners and Justice Act 2009 (partial defences to murder). (5) In this section— - “emergency worker” has the meaning given by section 68; - “relevant commencement date” means the date on which section 3 of the Police, Crime, Sentencing and Courts Act 2022 (required life sentence for manslaughter of emergency worker) comes into force. (6) An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law. (7) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1)(b) to have been committed on the last of those days.

(59A) In section 285A (required life sentence for manslaughter of emergency worker), in subsection (1)(a), for “21” substitute “18”.

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Special constables and Police Federations

Special constables and Police Federations: amendments to the Police Act 1996

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(ca) the treatment as occasions of police duty of attendance at meetings of the Police Federations and of any body recognised by the Secretary of State for the purposes of section 64;

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(1) There shall continue to be a Police Federation for England and Wales for the purpose of representing members of the police forces in England and Wales, and special constables appointed for a police area in England and Wales, in all matters affecting their welfare and efficiency, except for— (a) questions of promotion affecting individuals, and (b) (subject to subsection (2)) questions of discipline affecting individuals.

(1B) There shall continue to be a Police Federation for Scotland for the purpose of representing constables of the Police Service of Scotland in all matters affecting their welfare and efficiency, except for— (a) questions of promotion affecting individuals, and (b) (subject to subsection (2A)) questions of discipline affecting individuals.

(2) The Police Federation for England and Wales may— (a) represent a member of a police force at any proceedings brought under regulations made in accordance with section 50(3) above, or on an appeal from any such proceedings; (b) represent a special constable at any proceedings brought under regulations made in accordance with section 51(2A) above, or on an appeal from any such proceedings. (2A) The Police Federation for Scotland may represent a constable of the Police Service of Scotland at any proceedings brought under regulations made in accordance with section 48 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) in so far as relating to the matters described in section 52 of that Act, or on an appeal from any such proceedings.

(3) Except on an appeal to a police appeals tribunal or as provided in regulations made in accordance with section 84— (a) a member of a police force in England and Wales may only be represented under subsection (2)(a) by another member of a police force or a special constable; (b) a special constable appointed for a police area in England and Wales may only be represented under subsection (2)(b) by another special constable or a member of a police force; (c) a constable of the Police Service of Scotland may only be represented under subsection (2A) by another constable of the Police Service of Scotland.

Police driving standards

Meaning of dangerous driving: constables etc

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(1A) Subsection (1B) applies where a designated person— (a) is driving for police purposes (subject to subsections (1E) and (1F)), and (b) has undertaken prescribed training. (1B) For the purposes of sections 1, 1A and 2 above, the designated person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if)— (a) the way the person drives falls far below what would be expected of a competent and careful constable who has undertaken the same prescribed training, and (b) it would be obvious to such a competent and careful constable that driving in that way would be dangerous. (1C) In subsections (1A) and (1B) “designated person” means— (a) a constable, (b) a member of staff appointed by the chief officer of police of a police force in England and Wales, (c) a member of staff appointed by a local policing body and employed to assist a police force in England and Wales, (d) a member of staff appointed by the Scottish Police Authority under section 26(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8), (e) an employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003, (f) a person employed or engaged by— (i) a chief officer of police, (ii) the British Transport Police Authority, (iii) the Civil Nuclear Police Authority, (iv) the chief constable for the Ministry of Defence Police, or (v) the Scottish Police Authority, to train a person within any of paragraphs (a) to (e) to drive for police purposes, (g) a person employed or engaged by a person within paragraph (f)(i) to (v) to train another person to carry out training of the kind mentioned in that paragraph, (h) a National Crime Agency officer, or (i) a person engaged by the National Crime Agency— (i) to train a National Crime Agency officer to drive for law enforcement purposes, or (ii) to train another person to carry out training of the kind mentioned in sub-paragraph (i). (1D) In subsection (1C)(a) “constable” does not include a port constable within the meaning of section 7 of the Marine Navigation Act 2013 or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964. (1E) In the case of a National Crime Agency officer, the reference in subsection (1A)(a) to driving for police purposes is to be read as a reference to driving for law enforcement purposes. (1F) In the case of a person within paragraph (i) of subsection (1C), the reference in subsection (1A)(a) to driving for police purposes is to be read as a reference to driving for the purpose of the training mentioned in that paragraph.

Meaning of careless driving: constables etc

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(2A) Subsection (2B) applies where a designated person— (a) is driving for police purposes (subject to subsections (2E) and (2F)), and (b) has undertaken prescribed training. (2B) The designated person is to be regarded as driving without due care and attention if (and only if) the way the person drives falls below what would be expected of a competent and careful constable who has undertaken the same prescribed training. (2C) In subsections (2A) and (2B) “designated person” means— (a) a constable, (b) a member of staff appointed by the chief officer of police of a police force in England and Wales, (c) a member of staff appointed by a local policing body and employed to assist a police force in England and Wales, (d) a member of staff appointed by the Scottish Police Authority under section 26(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8), (e) an employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003, (f) a person employed or engaged by— (i) a chief officer of police, (ii) the British Transport Police Authority, (iii) the Civil Nuclear Police Authority, (iv) the chief constable for the Ministry of Defence Police, or (v) the Scottish Police Authority, to train a person within any of paragraphs (a) to (e) to drive for police purposes, (g) a person employed or engaged by a person within paragraph (f)(i) to (v) to train another person to carry out training of the kind mentioned in that paragraph, (h) a National Crime Agency officer, or (i) a person engaged by the National Crime Agency— (i) to train a National Crime Agency officer to drive for law enforcement purposes, or (ii) to train another person to carry out training of the kind mentioned in sub-paragraph (i). (2D) In subsection (2C)(a) “constable” does not include a port constable within the meaning of section 7 of the Marine Navigation Act 2013 or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964. (2E) In the case of a National Crime Agency officer, the reference in subsection (2A)(a) to driving for police purposes is to be read as a reference to driving for law enforcement purposes. (2F) In the case of a person within paragraph (i) of subsection (2C), the reference in subsection (2A)(a) to driving for police purposes is to be read as a reference to driving for the purpose of the training mentioned in that paragraph.

Regulations relating to sections 5 and 6

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In section 195 of the Road Traffic Act 1988 (provisions as to regulations), after subsection (6) insert—

(7) Regulations prescribing training for the purposes of section 2A(1A)(b) or 3ZA(2A)(b) may make different provision for different persons or areas.

PART 2 — Prevention, investigation and prosecution of crime

CHAPTER 1 — Functions relating to serious violence

Functions relating to serious violence

Duties to collaborate and plan to prevent and reduce serious violence

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See section 15 for further provision about the duties of such authorities in relation to such actions.

Powers to collaborate and plan to prevent and reduce serious violence

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See section 15 for further provision about the duties of such authorities in relation to such actions.

In this subsection “local government area” has the same meaning as in section 5 of the Crime and Disorder Act 1998 (see subsection (4) of that section).

Power to authorise collaboration etc. with other persons

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Relationship with other review requirements

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Educational, prison and youth custody authorities

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Preventing and reducing serious violence

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Exercise of functions

Involvement of local policing bodies

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Involvement of educational, prison and youth custody authorities

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Disclosure of information

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Supply of information to local policing bodies

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Directions

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Guidance

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Amendments to the Crime and Disorder Act 1998 etc

Amendments to the Crime and Disorder Act 1998

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(d) preventing people from becoming involved in serious violence; (e) reducing instances of serious violence.

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(10) References in this section to serious violence and to becoming involved in serious violence are to be construed in accordance with section 18.

; and (d) a strategy for— (i) preventing people from becoming involved in serious violence in the area, and (ii) reducing instances of serious violence in the area.

(c) the prevention of people becoming involved in serious violence of a particular description; or (d) the reduction of instances of serious violence of a particular description.

(10) The Secretary of State must consult the Welsh Ministers before making regulations under this section if and to extent that the regulations— (a) relate to a strategy within subsection (1)(d), and (b) make provision that applies in relation to a devolved Welsh authority within the meaning of the Government of Wales Act 2006 (see section 157A of that Act). (11) References in this section to serious violence and to becoming involved in serious violence are to be construed in accordance with section 18.

; and (d) serious violence in its area.

(1A) The duty imposed on an authority by subsection (1) to do all it reasonably can to prevent serious violence in its area is a duty on the authority to do all it reasonably can to— (a) prevent people from becoming involved in serious violence in its area, and (b) reduce instances of serious violence in its area.

(6) References in this section to serious violence and to becoming involved in serious violence are to be construed in accordance with section 18.

  • “violence”— includes, in particular— domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act), sexual offences, violence against property, and threats of violence; does not include terrorism (within the meaning of the Terrorism Act 2000 (see section 1(1) to (4) of that Act)).

, and

(1A) In the definition of “violence” in subsection (1) “sexual offence” means an offence under the law of England and Wales which is for the time being specified in Schedule 3 to the Sexual Offences Act 2003, other than the offence specified in paragraph 14 of that Schedule (fraudulent evasion of excise duty). (1B) In determining for the purposes of subsection (1A) whether an offence is specified in Schedule 3 to the Sexual Offences Act 2003, any limitation in that Schedule referring to the circumstances of a particular case (including the sentence imposed) is to be disregarded. (1C) References in this Chapter to becoming involved in serious violence include becoming a victim of serious violence. (1D) In considering whether violence in an area amounts to serious violence for the purposes of this Chapter account must be taken in particular of the following factors— (a) the maximum penalty which could be imposed for the offence (if any) involved in the violence, (b) the impact of the violence on any victim, (c) the prevalence of the violence in the area, and (d) the impact of the violence on the community in the area.

Amendment to the Police and Justice Act 2006

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In section 19(11) of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters: interpretation), in the definition of “local crime and disorder matter”—

or 1. serious violence (within the meaning of Chapter 1 of Part 1 of the Crime and Disorder Act 1998),

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General

Regulations

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Index of defined expressions

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In this Chapter an expression listed in the first column of the table has the meaning given by, or is to be interpreted in accordance with, the corresponding provision listed in the second column.

Expression Provision
the data protection legislation section 10(10)
educational authority section 12(1) and Schedule 2
educational authority for a local government area section 12(2) and Schedule 2
educational authority for a relevant area section 9(13)
health or social care authority section 10(9)
local government area section 11(4)
patient information section 10(9)
personal information section 10(9)
preventing serious violence section 13(1) and (2)
prison authority section 12(1) and Schedule 2
prison authority for a local government area section 12(2) and Schedule 2
prison authority for a relevant area section 9(13)
reducing serious violence section 13(1)
relevant area section 9(13)
serious violence section 13(6)
specified authority section 11(1) and Schedule 1
specified authority for a local government area section 11(6) and Schedule 1
specified authority for a relevant area section 9(13)
violence section 13(3)
youth custody authority section 12(1) and Schedule 2
youth custody authority for a local government area section 12(2) and Schedule 2
youth custody authority for a relevant area section 9(13)

CHAPTER 2 — Offensive weapons homicide reviews

Duty to arrange a review

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the review partner must join with the other relevant review partners in respect of the death in arranging for there to be a review under this section of the person’s death.

Relevant review partners

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Relationship with other review requirements

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Notification of Secretary of State

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the review partner must notify the Secretary of State of that decision.

the review partner must notify the Secretary of State of that decision.

Conduct of review

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Information

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Information: supplementary

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Delegating functions

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

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

Guidance

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Power to pay grant: local health boards

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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

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

for a further specified period.

Regulations

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Interpretation

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CHAPTER 3 — Extraction of information from electronic devices

Extraction of information from electronic devices: investigations of crime etc

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Application of section 37 to children and adults without capacity

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Requirements for voluntary provision and agreement

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only if the requirements of this section have been met.

Application of section 37 where user has died etc

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Extraction of information from electronic devices: investigations of death

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Code of practice about the extraction of information

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Confidential information

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Authorised persons

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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

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Sexual offences

Arranging or facilitating commission of a child sex offence

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Positions of trust

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(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.

Voyeurism: breast-feeding

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(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.

(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

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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

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—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)).

(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.

Overseas production orders

Overseas production orders

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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

(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.

(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.

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

53

(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.

PACE etc powers for food crime officers

54

(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.

(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).

(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).

; 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

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

, and

(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).

Search for material relating to human remains

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

55

Special procedure for access to material relating to human remains

56

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

(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;

.

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

  • “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;

.

(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.

Proceeds of crime

Proceeds of crime: account freezing orders

59
  • “relevant financial institution” means—a bank,a building society,an electronic money institution, ora payment institution.

Non-criminal hate incidents

Code of practice relating to non-criminal hate incidents

60

Further provision about a code of practice under section 60

61

Offences relating to hares etc

Increase in penalty for offences related to game etc

62

(2) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (1) to 51 weeks is to be read as a reference to 6 months.

(2) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (1) to 51 weeks is to be read as a reference to 6 months.

Trespass with intent to search for or to pursue hares with dogs etc

63

Being equipped for searching for or pursuing hares with dogs etc

64

Recovery order on conviction for certain offences involving dogs

65

Disqualification order on conviction for certain offences involving dogs

66

(3) See section 66 of the Police, Crime, Sentencing and Courts Act 2022 (disqualification order on conviction for certain offences involving dogs) for orders relating to disqualification in the case of offences involving dogs under that Act, the Night Poaching Act 1828 and the Game Act 1831.

Seizure and disposal of dogs in connection with disqualification order

67

Termination of disqualification order

68

Section 67: supplementary

69

Disqualification orders: appeals

70

Administering a substance with intent to cause harm

Administering a substance with intent to cause harm

71

Offences motivated by hostility based on sex or gender

Response to Law Commission report on hate crime laws

72

PART 3 — Public order

Public processions and public assemblies

Imposing conditions on public processions

73

(aa) in the case of a procession in England and Wales, the noise generated by persons taking part in the procession may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the procession, (ab) in the case of a procession in England and Wales— (i) the noise generated by persons taking part in the procession may have a relevant impact on persons in the vicinity of the procession, and (ii) that impact may be significant, or

, and

(2A) For the purposes of subsection (1)(a), the cases in which a public procession in England and Wales may result in serious disruption to the life of the community include, in particular, where— (a) it may result in a significant delay to the delivery of a time-sensitive product to consumers of that product, or (b) it may result in a prolonged disruption of access to any essential goods or any essential service, including, in particular, access to— (i) the supply of money, food, water, energy or fuel, (ii) a system of communication, (iii) a place of worship, (iv) a transport facility, (v) an educational institution, or (vi) a service relating to health. (2B) In subsection (2A)(a) “time-sensitive product” means a product whose value or use to its consumers may be significantly reduced by a delay in the supply of the product to them. (2C) For the purposes of subsection (1)(aa), the cases in which the noise generated by persons taking part in a public procession may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the procession include, in particular, where it may result in persons connected with the organisation not being reasonably able, for a prolonged period of time, to carry on in that vicinity the activities or any one of them. (2D) For the purposes of subsection (1)(ab)(i), the noise generated by persons taking part in a public procession may have a relevant impact on persons in the vicinity of the procession if— (a) it may result in the intimidation or harassment of persons of reasonable firmness with the characteristics of persons likely to be in the vicinity, or (b) it may cause such persons to suffer alarm or distress. (2E) In considering for the purposes of subsection (1)(ab)(ii) whether the noise generated by persons taking part in a public procession may have a significant impact on persons in the vicinity of the procession, the senior police officer must have regard to— (a) the likely number of persons of the kind mentioned in paragraph (a) of subsection (2D) who may experience an impact of the kind mentioned in paragraph (a) or (b) of that subsection, (b) the likely duration of that impact on such persons, and (c) the likely intensity of that impact on such persons.

(12) The Secretary of State may by regulations amend any of subsections (2A) to (2C) for the purposes of making provision about the meaning for the purposes of this section of— (a) serious disruption to the activities of an organisation which are carried on in the vicinity of a public procession, or (b) serious disruption to the life of the community. (13) Regulations under subsection (12) may, in particular, amend any of those subsections for the purposes of— (a) defining any aspect of an expression mentioned in subsection (12)(a) or (b) for the purposes of this section; (b) giving examples of cases in which a public procession is or is not to be treated as resulting in— (i) serious disruption to the activities of an organisation which are carried on in the vicinity of the procession, or (ii) serious disruption to the life of the community. (14) Regulations under subsection (12)— (a) are to be made by statutory instrument; (b) may apply only in relation to public processions in England and Wales; (c) may make incidental, supplementary, consequential, transitional, transitory or saving provision, including provision which makes consequential amendments to this Part. (15) A statutory instrument containing regulations under subsection (12) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Imposing conditions on public assemblies

74

(aa) in the case of an assembly in England and Wales, the noise generated by persons taking part in the assembly may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the assembly, (ab) in the case of an assembly in England and Wales— (i) the noise generated by persons taking part in the assembly may have a relevant impact on persons in the vicinity of the assembly, and (ii) that impact may be significant, or

, and

(1A) The senior police officer may give directions imposing on the persons organising or taking part in the assembly— (a) in the case of an assembly in England and Wales, such conditions as appear to the officer necessary to prevent the disorder, damage, disruption, impact or intimidation mentioned in subsection (1); (b) in the case of an assembly in Scotland, such conditions as to the place at which the assembly may be (or continue to be) held, its maximum duration, or the maximum number of persons who may constitute it, as appear to the officer necessary to prevent the disorder, damage, disruption or intimidation mentioned in subsection (1)(a) or (b).

(2A) For the purposes of subsection (1)(a), the cases in which a public assembly in England and Wales may result in serious disruption to the life of the community include, in particular, where— (a) it may result in a significant delay to the supply of a time-sensitive product to consumers of that product, or (b) it may result in a prolonged disruption of access to any essential goods or any essential service, including, in particular, access to— (i) the supply of money, food, water, energy or fuel, (ii) a system of communication, (iii) a place of worship, (iv) a transport facility, (v) an educational institution, or (vi) a service relating to health. (2B) In subsection (2A)(a) “time-sensitive product” means a product whose value or use to its consumers may be significantly reduced by a delay in the supply of the product to them. (2C) For the purposes of subsection (1)(aa), the cases in which the noise generated by persons taking part in a public assembly may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the assembly include, in particular, where it may result in persons connected with the organisation not being reasonably able, for a prolonged period of time, to carry on in that vicinity the activities or any one of them. (2D) For the purposes of subsection (1)(ab)(i), the noise generated by persons taking part in an assembly may have a relevant impact on persons in the vicinity of the assembly if— (a) it may result in the intimidation or harassment of persons of reasonable firmness with the characteristics of persons likely to be in the vicinity, or (b) it may cause such persons to suffer alarm or distress. (2E) In considering for the purposes of subsection (1)(ab)(ii) whether the noise generated by persons taking part in an assembly may have a significant impact on persons in the vicinity of the assembly, the senior police officer must have regard to— (a) the likely number of persons of the kind mentioned in paragraph (a) of subsection (2D) who may experience an impact of the kind mentioned in paragraph (a) or (b) of that subsection, (b) the likely duration of that impact on such persons, and (c) the likely intensity of that impact on such persons.

(11) The Secretary of State may by regulations amend any of subsections (2A) to (2C) for the purposes of making provision about the meaning for the purposes of this section of— (a) serious disruption to the activities of an organisation which are carried on in the vicinity of a public assembly, or (b) serious disruption to the life of the community. (12) Regulations under subsection (11) may, in particular, amend any of those subsections for the purposes of— (a) defining any aspect of an expression mentioned in subsection (11)(a) or (b) for the purposes of this section; (b) giving examples of cases in which a public assembly is or is not to be treated as resulting in— (i) serious disruption to the activities of an organisation which are carried on in the vicinity of the assembly, or (ii) serious disruption to the life of the community. (13) Regulations under subsection (11)— (a) are to be made by statutory instrument; (b) may apply only in relation to public assemblies in England and Wales; (c) may make incidental, supplementary, consequential, transitional, transitory or saving provision, including provision which makes consequential amendments to this Part. (14) A statutory instrument containing regulations under subsection (11) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Offences under sections 12 and 14 of the Public Order Act 1986

75

(5A) A person is guilty of an offence under subsection (4) or (5) only if— (a) in the case of a public procession in England and Wales, at the time the person fails to comply with the condition the person knows or ought to know that the condition has been imposed; (b) in the case of a public procession in Scotland, the person knowingly fails to comply with the condition.

(8) A person guilty of an offence under subsection (4) is liable on summary conviction— (a) in the case of a public procession in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both; (b) in the case of a public procession in Scotland, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both. (9) A person guilty of an offence under subsection (5) is liable on summary conviction— (a) in the case of a public procession in England and Wales, to a fine not exceeding level 4 on the standard scale; (b) in the case of a public procession in Scotland, to a fine not exceeding level 3 on the standard scale. (10) A person guilty of an offence under subsection (6) is liable on summary conviction— (a) in the case of a public procession in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both; (b) in the case of a public procession in Scotland, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both. (10A) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the references in subsections (8)(a) and to (10)(a) to 51 weeks are to be read as references to 6 months.

(5A) A person is guilty of an offence under subsection (4) or (5) only if— (a) in the case of a public assembly in England and Wales, at the time the person fails to comply with the condition the person knows or ought to know that the condition has been imposed; (b) in the case of a public assembly in Scotland, the person knowingly fails to comply with the condition.

(8) A person guilty of an offence under subsection (4) is liable on summary conviction— (a) in the case of a public assembly in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both; (b) in the case of a public assembly in Scotland, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both. (9) A person guilty of an offence under subsection (5) is liable on summary conviction— (a) in the case of a public assembly in England and Wales, to a fine not exceeding level 4 on the standard scale; (b) in the case of a public assembly in Scotland, to a fine not exceeding level 3 on the standard scale. (10) A person guilty of an offence under subsection (6) is liable on summary conviction— (a) in the case of a public assembly in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both; (b) in the case of a public assembly in Scotland, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both. (10A) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the references in subsections (8)(a) and to (10)(a) to 51 weeks are to be read as references to 6 months.

Palace of Westminster, Parliament Square etc

Obstruction of vehicular access to Parliament

76

(ia) Canon Row, (ib) Parliament Street, (ic) Derby Gate, (id) Parliament Square,

, and

(aa) so much of the highway in the postal district SW1 known as Victoria Embankment as lies between the highway in that district known as Bridge Street and the highway in that district known as Richmond Terrace,

, and

(1A) A reference to a highway in subsection (1)(a) or (aa) includes any land immediately adjoining that highway and to which the public have or are permitted access.

(f) obstructing, by the use of any item or otherwise, the passage of a vehicle of any description into or out of an entrance into or exit from the Parliamentary Estate, where that entrance or exit is within, or adjoins, the Palace of Westminster controlled area.

,

(4A) In subsection (2)(f) the reference to obstructing the passage of a vehicle includes making the passage of a vehicle more difficult.

,

(d) a relevant member of the House of Lords staff, or (e) a relevant member of the House of Commons staff

, and

(5A) In subsection (5)— - “relevant member of the House of Lords staff” has the meaning given by section 194(6) of the Employment Rights Act 1996; - “relevant member of the House of Commons staff” has the meaning given by section 195(5) of that Act.

Power to specify other areas as controlled areas

77

After section 149 of the Police Reform and Social Responsibility Act 2011 insert—

(149A) (1) The Secretary of State may by regulations provide for any provision of sections 143 to 148 and 149(3) to apply, with or without modifications, in relation to an area specified in the regulations. (2) An area may be specified in regulations under subsection (1) by description, by reference to a map or plan or in any other way. (3) Regulations under subsection (1) may be made only if— (a) either House of Parliament is, or is proposed to be, located somewhere other than the Palace of Westminster as a result of the Parliamentary building works or for any other reason, and (b) as a result of that relocation, or proposed relocation, the Secretary of State considers that it is reasonably necessary for activities which are prohibited in relation to the controlled area of Parliament Square or the Palace of Westminster controlled area to be prohibited in relation to the area specified in the regulations. (4) In subsection (3)(a) “the Parliamentary building works” has the meaning given by section 1(1) of the Parliamentary Buildings (Restoration and Renewal) Act 2019. (5) The Secretary of State may by regulations make provision for any other enactment, or any instrument made under an enactment, to have effect with modifications in consequence of regulations under subsection (1).

Public nuisance

Intentionally or recklessly causing public nuisance

78

One-person protests

Imposing conditions on one-person protests

79

(14ZA) (1) Subsection (2) applies if the senior police officer, having regard to the time or place at which and the circumstances in which any one-person protest in England and Wales is being carried on or is intended to be carried on, reasonably believes— (a) that the noise generated by the person carrying on the protest may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the protest, or (b) that— (i) the noise generated by the person carrying on the protest may have a relevant impact on persons in the vicinity of the protest, and (ii) that impact may be significant. (2) The senior police officer may give directions imposing on the person organising or carrying on the protest such conditions as appear to the officer necessary to prevent such disruption or impact. (3) Where the one-person protest is moving, or is intended to move, from place to place— (a) the senior police officer must also have regard under subsection (1) to its route or proposed route, and (b) the conditions which may be imposed under subsection (2) include conditions as to the route of the protest or prohibiting the person carrying on the protest from entering any public place specified in the direction while the person is carrying it on. (4) In this section “one-person protest” means a protest which, at any one time, is carried on by one person in a public place. (5) In this section “the senior police officer” means— (a) in relation to a one-person protest being held or to a one-person protest intended to be held in a case where a person is in a place with a view to carrying on such a protest, the most senior in rank of the police officers present at the scene, and (b) in relation to a one-person protest intended to be held in a case where paragraph (a) does not apply, the chief officer of police. (6) For the purposes of subsection (1)(a), the cases in which the noise generated by a person taking part in a one-person protest may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the protest include, in particular, where it may result in persons connected with the organisation not being reasonably able, for a prolonged period of time, to carry on in that vicinity the activities or any one of them. (7) For the purposes of subsection (1)(b)(i), the noise generated by a person carrying on a one-person protest may have a relevant impact on persons in the vicinity of the protest if— (a) it may result in the intimidation or harassment of persons of reasonable firmness with the characteristics of persons likely to be in the vicinity, or (b) it may cause such persons to suffer alarm or distress. (8) In considering for the purposes of subsection (1)(b)(ii) whether the noise generated by a person carrying on a one-person protest may have a significant impact on persons in the vicinity of the protest, the senior police officer must have regard to— (a) the likely number of persons of the kind mentioned in paragraph (a) of subsection (7) who may experience an impact of the kind mentioned in paragraph (a) or (b) of that subsection, (b) the likely duration of that impact on such persons, and (c) the likely intensity of that impact on such persons. (9) A direction given by a chief officer of police by virtue of subsection (5)(b) must be given in writing. (10) A person (“P”) is guilty of an offence if— (a) P organises or carries on a one-person protest, (b) P fails to comply with a condition imposed under this section, and (c) at the time P fails to comply with the condition, P knows or ought to know that the condition has been imposed. (11) It is a defence for a person charged with an offence under subsection (10) to prove that the failure arose from circumstances beyond the person’s control. (12) A person who incites another to commit an offence under subsection (10) is guilty of an offence. (13) A person guilty of an offence under subsection (10) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (14) A person guilty of an offence under subsection (12) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both. (15) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (14) to 51 weeks is to be read as a reference to 6 months. (16) The Secretary of State may by regulations amend subsection (6) for the purposes of making provision about the meaning for the purposes of this section of serious disruption to the activities of an organisation which are carried on in the vicinity of a one-person protest. (17) Regulations under subsection (16) may, in particular, amend that subsection for the purposes of— (a) defining any aspect of that expression for the purposes of this section; (b) giving examples of cases in which a one-person protest is or is not to be treated as resulting in serious disruption to the activities of an organisation which are carried on in the vicinity of the protest. (18) Regulations under subsection (16)— (a) are to be made by statutory instrument; (b) may make incidental, supplementary, consequential, transitional, transitory or saving provision, including provision which makes consequential amendments to this Part. (19) A statutory instrument containing regulations under subsection (16) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Wilful obstruction of highway

Wilful obstruction of highway

80

(1A) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (1) to 51 weeks is to be read as a reference to 6 months. (1B) For the purposes of this section it does not matter whether free passage along the highway in question has already been temporarily restricted or temporarily prohibited (whether by a constable, a traffic authority or otherwise). (1C) In subsection (1B), “traffic authority” has the same meaning as in the Road Traffic Regulation Act 1984 (see section 121A of that Act).

Repeal of the Vagrancy Act 1824 etc

Repeal of the Vagrancy Act 1824 etc

81

Expedited public spaces protection orders

Expedited public spaces protection orders

82

(59A) (1) A local authority may make an expedited public spaces protection order (an “expedited order”) in relation to a public place within the local authority’s area if satisfied on reasonable grounds that three conditions are met. (2) The first condition is that the public place is in the vicinity of— (a) a school in the local authority’s area, or (b) a site in the local authority’s area where, or from which— (i) vaccines are provided to members of the public by, or pursuant to arrangements with, an NHS body, or (ii) test and trace services are provided. The reference in paragraph (b)(i) to arrangements includes arrangements made by the NHS body in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006. (3) The second condition is that activities carried on, or likely to be carried on, in the public place by one or more individuals in the course of a protest or demonstration have had, or are likely to have, the effect of— (a) harassing or intimidating members of staff or volunteers at the school or site, (b) harassing or intimidating persons using the services of the school or site, (c) impeding the provision of services by staff or volunteers at the school or site, or (d) impeding access by persons seeking to use the services of the school or site. (4) The third condition is that the effect or likely effect mentioned in subsection (3)— (a) is, or is likely to be, of a persistent or continuing nature, (b) is, or is likely to be, such as to make the activities unreasonable, and (c) justifies the restrictions imposed by the order. (5) An expedited order is an order that identifies the public place referred to in subsection (1) (“the restricted area”) and— (a) prohibits specified things being done in the restricted area, (b) requires specified things to be done by persons carrying on specified activities in that area, or (c) does both of those things. (6) The only prohibitions or requirements that may be imposed are ones that are reasonable to impose in order— (a) to prevent the harassment, intimidation or impediment referred to in subsection (3) from continuing, occurring or recurring, or (b) to reduce that harassment, intimidation or impediment or to reduce the risk of its continuance, occurrence or recurrence. (7) A prohibition or requirement may be framed— (a) so as to apply to all persons, or only to persons in specified categories, or to all persons except those in specified categories; (b) so as to apply at all times, or only at specified times, or at all times except those specified; (c) so as to apply in all circumstances, or only in specified circumstances, or in all circumstances except those specified. (8) An expedited order must— (a) identify the activities referred to in subsection (3); (b) explain the effect of section 63 (where it applies) and section 67; (c) specify the period for which the order has effect. (9) An expedited order may not be made in relation to a public place if that place (or any part of it) is or has been the subject of an expedited order (“the earlier order”), unless the period specified in subsection (11) has expired. (10) In subsection (9) the second reference to “an expedited order” is to be read as including a reference to a public spaces protection order (made after the day on which this section comes into force) which neither prohibited nor required anything that could not have been prohibited or required by an expedited order. (11) The period specified in this subsection is the period of a year beginning with the day on which the earlier order ceased to have effect. (12) An expedited order must be published in accordance with regulations made by the Secretary of State. (13) For the purposes of subsection (2), a public place that is coextensive with, includes, or is wholly or partly within, a school or site is regarded as being “in the vicinity of” that school or site. (14) In this section references to a “school” are to be read as including a 16 to 19 Academy. (15) In this section “test and trace services” means— (a) in relation to England, services of the programme known as NHS Test and Trace; (b) in relation to Wales, services of the programme known as Test, Trace, Protect.

(60A) (1) An expedited order may not have effect for a period of more than 6 months. (2) Subject to subsection (1), the local authority that made an expedited order may, before the time when the order is due to expire, extend the period for which the order has effect if satisfied on reasonable grounds that doing so is necessary to prevent— (a) occurrence or recurrence after that time of the activities identified in the order, or (b) an increase in the frequency or seriousness of those activities after that time. (3) Where a local authority has made an expedited order, the authority may, at any time before the order is due to expire, reduce the period for which the order is to have effect if satisfied on reasonable grounds that the reduced period will be sufficient having regard to the degree of risk of an occurrence, recurrence or increase such as is mentioned in subsection (2)(a) or (b). (4) An extension or reduction under this section of the period for which an order has effect must be published in accordance with regulations made by the Secretary of State. (5) An expedited order may be extended or reduced under this section more than once.

(72A) (1) A local authority, in deciding— (a) whether to make an expedited order (under section 59A) and if so what it should include, (b) whether to extend or reduce the period for which an expedited order has effect (under section 60A) and if so by how much, (c) whether to vary an expedited order (under section 61) and if so how, or (d) whether to discharge an expedited order (under section 61), must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the Convention. (2) In subsection (1) “Convention” has the meaning given by section 21(1) of the Human Rights Act 1998. (3) A local authority must obtain the necessary consents before— (a) making an expedited order, (b) extending or reducing the period for which an expedited order has effect, or (c) varying or discharging an expedited order. (4) If the order referred to in subsection (3) was made, or is proposed to be made, in reliance on section 59A(2)(a), “the necessary consents” means the consent of— (a) the chief officer of police for the police area that includes the restricted area, and (b) a person authorised (whether in specific or general terms) by the appropriate authority for the school or 16 to 19 Academy. (5) If the order referred to in subsection (3) was made, or is proposed to be made, in reliance on section 59A(2)(b), “the necessary consents” means the consent of— (a) the chief officer of police for the police area that includes the restricted area, and (b) a person authorised by the appropriate NHS authority. (6) In this section— - “appropriate authority” means—in relation to a school maintained by a local authority, the governing body;in relation to any other school or a 16 to 19 Academy, the proprietor; - “appropriate NHS authority” means—if the order was made, or is proposed to be made, in reliance on sub-paragraph (i) of section 59A(2)(b), the NHS body mentioned in that sub-paragraph;if the order was made, or is proposed to be made, in reliance on sub-paragraph (ii) of section 59A(2)(b) and the site is in England, the UK Health Security Agency;if the order was made, or is proposed to be made, in reliance on that sub-paragraph and the site is in Wales, the Local Health Board for the area in which the site is located. (7) In this section “proprietor”, in relation to a school or a 16 to 19 Academy, has the meaning given in section 579(1) of the Education Act 1996. (72B) (1) A local authority must carry out the necessary consultation as soon as reasonably practicable after making an expedited order. (2) In subsection (1) “necessary consultation” means consulting with the following about the terms and effects of the order— (a) the chief officer of police, and the local policing body, for the police area that includes the restricted area; (b) whatever community representatives the local authority thinks it appropriate to consult; (c) the owner or occupier of land within the restricted area. (3) A local authority must carry out the necessary notification (if any) as soon as reasonably practicable after— (a) making an expedited order, (b) extending or reducing the period for which an expedited order has effect, or (c) varying or discharging an expedited order. (4) In subsection (3) “necessary notification” means notifying the following of the extension, reduction, variation or discharge— (a) the parish council or community council (if any) for the area that includes the restricted area; (b) in the case of an expedited order made by a district council in England, the county council (if any) for the area that includes the restricted area; (c) the owner or occupier of land within the restricted area. (5) The requirement to notify the owner or occupier of land within the restricted area— (a) does not apply to land that is owned or occupied by the local authority; (b) applies only if, and to the extent that, it is reasonably practicable to notify the owner or occupier of the land.

PART 4 — Unauthorised encampments

Offence relating to residing on land without consent in or with a vehicle

83

(60C) (1) Subsection (2) applies where— (a) a person aged 18 or over (“P”) is residing, or intending to reside, on land without the consent of the occupier of the land, (b) P has, or intends to have, at least one vehicle with them on the land, (c) one or more of the conditions mentioned in subsection (4) is satisfied, and (d) the occupier, a representative of the occupier or a constable requests P to do either or both of the following— (i) leave the land; (ii) remove from the land property that is in P’s possession or under P’s control. (2) P commits an offence if— (a) P fails to comply with the request as soon as reasonably practicable, or (b) P— (i) enters (or having left, re-enters) the land within the prohibited period with the intention of residing there without the consent of the occupier of the land, and (ii) has, or intends to have, at least one vehicle with them on the land. (3) The prohibited period is the period of 12 months beginning with the day on which the request was made. (4) The conditions are— (a) in a case where P is residing on the land, significant damage or significant disruption has been caused or is likely to be caused as a result of P’s residence; (b) in a case where P is not yet residing on the land, it is likely that significant damage or significant disruption would be caused as a result of P’s residence if P were to reside on the land; (c) that significant damage or significant disruption has been caused or is likely to be caused as a result of conduct carried on, or likely to be carried on, by P while P is on the land; (d) that significant distress has been caused or is likely to be caused as a result of offensive conduct carried on, or likely to be carried on, by P while P is on the land. (5) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both. (6) In proceedings for an offence under this section it is a defence for the accused to show that the accused had a reasonable excuse for— (a) failing to comply as soon as reasonably practicable with the request mentioned in subsection (1)(d), or (b) after receiving such a request, entering (or re-entering) the land with the intention of residing there without the consent of the occupier of the land. (7) In its application to common land, this section has effect— (a) in a case where the common land is land to which the public has access and the occupier cannot be identified, as if references to the occupier were references to the local authority in relation to the common land; (b) in a case where P’s residence or intended residence without the consent of the occupier is, or would be, an infringement of the commoners’ rights and— (i) the occupier is aware of P’s residence or intended residence and had an opportunity to consent to it, or (ii) if sub-paragraph (i) does not apply, any one or more of the commoners took reasonable steps to try to inform the occupier of P’s residence or intended residence and provide an opportunity to consent to it, as if in subsection (1)(d) after “a constable” there were inserted “or the commoners or any of them or their representative”. (8) In this section-- - “common land” and “commoner” have the same meaning as in section 61; - “damage” includes—damage to the land;damage to any property on the land not belonging to P;damage to the environment (including excessive noise, smells, litter or deposits of waste); - “disruption” includes interference with—a person’s ability to access any services or facilities located on the land or otherwise make lawful use of the land, ora supply of water, energy or fuel; - “land” does not include buildings other than—agricultural buildings within the meaning of paragraphs 3 to 8 of Schedule 5 to the Local Government Finance Act 1988, orscheduled monuments within the meaning of the Ancient Monuments and Archaeological Areas Act 1979; - “the local authority”, in relation to common land, has the same meaning as in section 61; - “occupier” means the person entitled to possession of the land by virtue of an estate or interest held by the person; - “offensive conduct” means—the use of threatening, abusive or insulting words or behaviour, or disorderly behaviour, orthe display of any writing, sign, or other visible representation that is threatening, abusive or insulting; - “vehicle” includes—any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle, anda caravan as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960. (9) For the purposes of this section a person is to be considered as residing or having the intention to reside in a place even if that residence or intended residence is temporary, and a person may be regarded as residing or having an intention to reside in a place notwithstanding that the person has a home elsewhere. (60D) (1) If a constable reasonably suspects that an offence has been committed under section 60C, the constable may seize and remove any relevant property that appears to the constable— (a) to belong to the person who the constable suspects has committed the offence (“P”); (b) to be in P’s possession; or (c) to be under P’s control. (2) “Relevant property” means— (a) a vehicle (wherever located) which, for the purposes of section 60C(1)(b) (in the case of an offence under section 60C(2)(a)) or for the purposes of section 60C(2)(b)(ii) (in the case of an offence under section 60C(2)(b)), the constable suspects P had or intended to have with them, or (b) any other property that is on the relevant land. (3) The “relevant land” is the land in respect of which a request under section 60C(1)(d) is made. (4) The relevant chief officer of police may retain any property that has been seized under subsection (1) until the end of the period of three months beginning with the day of the seizure (“the relevant period”). (5) But the relevant chief officer of police ceases to be entitled to retain the property if before the end of the relevant period a custody officer gives written notice to P that P is not to be prosecuted for the offence under section 60C in relation to which the property was seized. (And see subsection (10)). (6) Subsection (7) applies where before the end of the relevant period proceedings for an offence under section 60C are commenced against P. (7) Where this subsection applies the relevant chief officer of police may retain the property seized until the conclusion of proceedings relating to the offence (including any appeal) (but see subsection (10)). (8) Where a chief officer of police ceases to be entitled to retain property under this section the chief officer must, subject to any order for forfeiture under section 60E, return it to the person whom the chief officer believes to be its owner. (9) If a chief officer of police cannot after reasonable inquiry identify a person for the purposes of subsection (8)— (a) the chief officer must apply to a magistrates’ court for directions, and (b) the court must make an order about the treatment of the property. (10) If at any time a person other than P satisfies a chief officer of police that property that is retained by the chief officer under this section— (a) belongs to the person at that time, and (b) belonged to them at the time of the suspected offence under section 60C, the chief officer must return the property to the person. (11) Subsection (10) does not apply in relation to a vehicle belonging to a person other than P if the chief officer of police reasonably believes that the vehicle was, with the consent of the other person, in P’s possession or under P’s control at the time of the suspected offence under section 60C. (12) For the purposes of subsection (6), proceedings are commenced when— (a) a written charge is issued under section 29(1) of the Criminal Justice Act 2003, (b) a person is charged under Part 4 of the Police and Criminal Evidence Act 1984, or (c) an information is laid under section 1 of the Magistrates’ Courts Act 1980. (13) For the purposes of this section— (a) the relevant chief officer of police is the chief officer of the police force for the area in which the property was seized, and (b) “vehicle” has the same meaning as in section 60C. (60E) (1) A court that convicts a person of an offence under section 60C may order any property to which subsection (2) applies to be forfeited and dealt with in a manner specified in the order. (2) This subsection applies to any property that— (a) was seized under section 60D(1), and (b) is retained by a chief officer of police under that section. (3) Before making an order for the forfeiture of property the court must— (a) permit anyone who claims to be its owner or to have an interest in it to make representations, and (b) consider its value and the likely consequences of forfeiture.

Amendments to existing powers

84

— (i) in the case of persons trespassing on land in England and Wales, has caused damage, disruption or distress (see subsection (10)); (ii) in the case of persons trespassing on land in Scotland,

, and

(4ZA) The prohibited period is— (a) in the case of a person trespassing on land in England and Wales, the period of twelve months beginning with the day on which the direction was given; (b) in the case of a person trespassing on land in Scotland, the period of three months beginning with the day on which the direction was given.

(10) For the purposes of subsection (1)(a)(i)— - “damage” includes—damage to the land;damage to any property on the land not belonging to the persons trespassing;damage to the environment (including excessive noise, smells, litter or deposits of waste); - “disruption” includes an interference with—a person’s ability to access any services or facilities located on the land or otherwise make lawful use of the land, ora supply of water, energy or fuel; - “distress” means distress caused by—the use of threatening, abusive or insulting words or behaviour, or disorderly behaviour, orthe display of any writing, sign, or other visible representation that is threatening, abusive or insulting.

(1A) The prohibited period is— (a) in the case of a person trespassing on land in England and Wales, the period of twelve months beginning with the day on which the direction was given; (a) in the case of a person trespassing on land in Scotland, the period of three months beginning with the day on which the direction was given.

(a) a highway unless it is a footpath, bridleway or byway open to all traffic within the meaning of Part 3 of the Wildlife and Countryside Act 1981, is a restricted byway within the meaning of Part 2 of the Countryside and Rights of Way Act 2000 or is a cycle track under the Highways Act 1980 or the Cycle Tracks Act 1984; (aa) a road within the meaning of the Roads (Scotland) Act 1984 unless it falls within the definitions in section 151(2)(a)(ii) or (b) (footpaths and cycle tracks) of that Act or is a bridleway within the meaning of section 47 of the Countryside (Scotland) Act 1967; or

.

Guidance on exercise of police powers in respect of trespassers on land etc

85

After section 62E of the Criminal Justice and Public Order Act 1994 insert—

(62F) (1) The Secretary of State must issue guidance relating to the exercise of— (a) the functions of police officers in England and Wales, and (b) the functions of constables in England and Wales, under the provisions mentioned in subsection (2). (2) Those provisions are— (a) sections 60C to 62E, and (b) regulations under section 67 relating to vehicles seized under section 62(1) or section 62C(3). (3) Police officers in England and Wales and constables in England and Wales must have regard to the guidance when exercising any of those functions conferred on them. (4) The Secretary of State may from time to time revise the guidance. (5) The Secretary of State must arrange for the guidance and any revised guidance issued under this section to be published in such manner as the Secretary of State considers appropriate. (6) The Secretary of State must lay before Parliament a copy of any guidance or revised guidance published under subsection (5).

PART 5 — Road traffic

Road traffic offences

Causing death by dangerous driving or careless driving when under the influence of drink or drugs: increased penalties

86

(3A) The period is— (a) six years, where— (i) an offence of which the person was convicted within the ten years mentioned in subsection (3) falls within paragraph (aa) of that subsection, and (ii) the new offence also falls within that paragraph; (b) in any other case (but subject to subsection (4ZA)), three years.

(4ZA) Subsection (1) shall apply as if the reference to twelve months were a reference to five years in relation to a person convicted of— (a) an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving), or (b) an offence under section 3A of that Act (causing death by careless driving when under the influence of drink or drugs), but this is subject to subsection (3) in cases within paragraph (a) of subsection (3A).

Causing serious injury by careless, or inconsiderate, driving

87

(2C) (1) A person who causes serious injury to another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence. (2) In this section “serious injury” means— (a) in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and (b) in Scotland, severe physical injury.

RTA section 2C Causing serious injury by careless, or inconsiderate, driving (a) Summarily (a) On conviction in England and Wales: 12 months or a fine or both Obligatory Obligatory 3-11
RTA section 2C Causing serious injury by careless, or inconsiderate, driving On conviction in Scotland: 12 months or the statutory maximum or both
RTA section 2C Causing serious injury by careless, or inconsiderate, driving (b) On indictment (b) 2 years or a fine or both Obligatory Obligatory 3-11

Road traffic offences: minor and consequential amendments

88

Schedule 8 contains amendments relating to sections 86 and 87.

Courses offered as an alternative to prosecution

Courses offered as alternative to prosecution: fees etc

89

(90G) (1) A policing body may charge a fee for enrolment on an approved course offered as an alternative to prosecution in England and Wales for a specified fixed penalty offence. (2) A fee may be set at a level that exceeds the cost of an approved course and related administrative expenses, but any excess must be used for the purpose of promoting road safety. (3) The Secretary of State may by regulations make further provision about— (a) how fees, or components of fees, are to be calculated; (b) the level of fees or components of fees; (c) the use of fee income. (4) The regulations may include provision as to the amount, or maximum amount, of a fee or component of a fee. (5) In this section— - “approved course” means a course approved (whether before or after this section comes into force) by a body specified in regulations under subsection (6); - “fixed penalty offence” means an offence that is a fixed penalty offence for the purposes of Part 3 (see section 51); - “policing body” means—a local policing body, orthe British Transport Police Authority; - “promoting road safety” includes the prevention, detection or enforcement of offences relating to vehicles; - “prosecution”, in relation to an offence, includes any alternative way of being dealt with for the offence (other than attending an approved course); - “specified fixed penalty offence” means an offence specified under subsection (6). (6) The Secretary of State may by regulations— (a) specify fixed penalty offences for the purposes of this section; (b) specify a body to approve courses for the purposes of this section. (7) Nothing in this section limits any power to charge fees apart from this section. (90H) (1) The Secretary of State may by regulations prohibit a chief officer from offering an approved course to a person as an alternative to prosecution in England and Wales for a specified fixed penalty offence where— (a) there is a course fee, and (b) the person has, within a period specified in the regulations, satisfactorily completed a similar approved course in respect of an earlier specified fixed penalty offence. (2) The regulations must include provision for the purpose of identifying what counts as a “similar” course; and that provision may, in particular, confer power on a person to determine what courses count as similar. (3) In this section “chief officer” means— (a) a chief officer of police of a police force in England and Wales, or (b) the Chief Constable of the British Transport Police Force. (4) In this section the following terms have the meaning given by section 90G(5)— - “approved course”; - “prosecution”; - “specified fixed penalty offence”. (90I) (1) A power to make regulations under this Part is exercisable by statutory instrument. (2) A statutory instrument containing regulations made by the Secretary of State under this Part is subject to annulment in pursuance of a resolution of either House of Parliament. (3) Regulations under this Part may include— (a) incidental or supplementary provision; (b) different provision for different purposes.

(91G) (1) The Chief Constable may charge a fee for enrolment on an approved course offered as an alternative to prosecution for a specified fixed penalty offence. (2) A fee may be set at a level that exceeds the cost of an approved course and related administrative expenses, but any excess must be used for the purpose of promoting road safety. (3) The power in paragraph (1) may be exercised only with the approval in writing of the Policing Board. Such approval may be given— (a) generally or specifically, and (b) subject to conditions. (4) The Department of Justice may by regulations make further provision about— (a) how fees, or components of fees, are to be calculated; (b) the level of fees or components of fees; (c) the use of fee income. (5) The regulations may include provision as to the amount, or maximum amount, of a fee or component of a fee. (6) In this Article— - “approved course” means a course approved (whether before or after this Article comes into operation) by a body specified in regulations under paragraph (7); - “fixed penalty offence” means an offence that is a fixed penalty offence for the purposes of Part 4 (see Article 57); - “promoting road safety” includes the prevention, detection or enforcement of offences relating to vehicles; - “prosecution”, in relation to an offence, includes any alternative way of being dealt with for the offence (other than attending an approved course); - “specified fixed penalty offence” means an offence specified under paragraph (7). (7) The Department of Justice may by regulations— (a) specify fixed penalty offences for the purposes of this Article; (b) specify a body to approve courses for the purposes of this Article. (8) Nothing in this Article limits any power to charge fees apart from this Article. (91H) (1) The Department of Justice may by regulations prohibit the Chief Constable from offering an approved course to a person as an alternative to prosecution for a specified fixed penalty offence where— (a) there is a course fee, and (b) the person has, within a period specified in the regulations, satisfactorily completed a similar approved course in respect of an earlier specified fixed penalty offence. (2) The regulations must include provision for the purpose of identifying what counts as a “similar” course; and that provision may, in particular, confer power on a person to determine what courses count as similar. (3) In this Article the following terms have the meaning given by Article 91G(6)— - “approved course”; - “prosecution”; - “specified fixed penalty offence”. (91I) (1) Regulations under this Part are subject to negative resolution. (2) Regulations under Article 91G(4) may be made only with the consent of the Department of Finance. (3) Regulations under this Part may include such incidental or supplementary provision as appears to the Department of Justice to be necessary or expedient.

Removal etc of abandoned vehicles

Charges for removal, storage and disposal of vehicles

90

(2A) In the case of a vehicle removed, on any ground mentioned in subsection (1), from an area that is a civil enforcement area for parking contraventions— (a) subsection (2) does not apply to the recovery of charges by a local authority, but (b) the enforcement authority is entitled to recover from any person responsible such charges in respect of the removal, storage and disposal of the vehicle as they may require in accordance with Schedule 9 to the Traffic Management Act 2004.

Surrender of driving licences

Production of licence to the court

91

(1) Where— (a) a person who is the holder of a licence is prosecuted for an offence involving obligatory or discretionary disqualification, (b) there is a hearing, and (c) the person attends the hearing, the person must bring the licence to the hearing.

;

(1) Where— (a) a person who is the holder of a licence is convicted of an offence involving obligatory or discretionary disqualification, and (b) a court proposes to make, or makes, an order disqualifying the person, the court may require the licence to be produced to it.

;

Surrender of licence to Secretary of State where disqualified

92

(37A) (1) This section applies where— (a) a person who is the holder of a licence is disqualified by an order of a court, and (b) the Secretary of State is not already in receipt of the licence. (2) The Secretary of State may serve on the person a notice in writing requiring the person to surrender the licence to the Secretary of State at such address as the Secretary of State may determine, before the end of the period of 28 days beginning with the date on which the notice is served. (3) A notice under subsection (2) may be served on a person— (a) by delivering it to the person, (b) by leaving it at the person’s proper address, or (c) by sending it to the person by post. (4) A person who, without reasonable excuse, fails to comply with a notice under subsection (2) is guilty of an offence. (5) For the purposes of— (a) subsection (3), and (b) section 7 of the Interpretation Act 1978 in its application to subsection (3), a person’s “proper address” is the person’s latest address as known to the Secretary of State.

Section 37A(4) of this Act Failure to surrender licence to Secretary of State Summarily Level 3 on the standard scale

Removal of requirement to surrender licence where fixed penalty notice

93

(2A) A fixed penalty notice must give details of the identification information (as defined in section 69(3D)) that may be required under section 69 where the notice relates to an offence involving obligatory endorsement.

(2A) Where a person has been given a fixed penalty notice under section 54 in respect of an offence involving obligatory endorsement, payment of the penalty may be made as mentioned in subsection (2) only if the letter also contains identification information.

;

(3A) Subsection (3B) applies where— (a) a person has been given a fixed penalty notice under section 54 in respect of an offence involving obligatory endorsement, and (b) a method of payment other than that mentioned in subsection (2) is used. (3B) The penalty is treated as having been paid to the fixed penalty clerk or the Secretary of State in accordance with this Part only if the person— (a) fulfils the identification requirements, and (b) makes payment of the penalty to the clerk or the Secretary of State. (3C) A person fulfils the identification requirements if— (a) the person provides the clerk or the Secretary of State with identification information, or (b) the clerk or the Secretary of State is otherwise satisfied of the person’s identity. (3D) In this section “identification information” means— (a) the person’s name and date of birth, and (b) if the person is the holder of a licence, the licence number.

Removal of requirement to deliver up licence where conditional offer

94

(ba) give details of the identification information that may be required where the conditional offer relates to an offence involving obligatory endorsement,

;

(ii) where the conditional offer relates to an offence involving obligatory endorsement, fulfils the identification requirements,

;

(8B) For the purposes of subsection (8A)(a)(ii), an alleged offender fulfils the identification requirements if— (a) the alleged offender provides the appropriate person with identification information, or (b) the appropriate person is otherwise satisfied of the alleged offender’s identity. (8C) In this section “identification information” means— (a) the alleged offender’s name and date of birth, and (b) if the alleged offender is the holder of a licence, the licence number.

(a) a conditional offer has been issued to a person (“the alleged offender”) under section 75(1), (2) or (3),

;

(b) in a case where— (i) a conditional offer is issued to a person (“the alleged offender”) under section 75(1A) or (3B), and (ii) proceedings against the alleged offender are excluded by section 76(2).

Surrender of licences and test certificates by new drivers

95

Schedule 9 contains amendments to the Road Traffic (New Drivers) Act 1995 which make provision about the surrender of driving licences and test certificates in the case of new drivers.

Minor and consequential amendments

96

Schedule 10 contains minor and consequential amendments.

Fixed penalty notices in Scotland

Power to issue fixed penalty notices on-the-spot in Scotland

97

PART 6 — Cautions

Introductory

Diversionary and community cautions

98

Diversionary cautions

Giving a diversionary caution

99

Deciding on the conditions

100

Rehabilitation and reparation conditions

101

Financial penalty conditions

102

Foreign offenders’ conditions

103

Variation of conditions

104

An authorised person or prosecution authority may, with the consent of the offender, vary the conditions attached to a diversionary caution by—

Effect of diversionary caution

105

Arrest for failure to comply

106

If the person is not in a fit state to be dealt with in that way, or to enable that power to be exercised, they may be kept in police detention until they are.

to be released if the person is liable to be kept in detention in relation to that other matter.

Application of Police and Criminal Evidence Act 1984

107

Community cautions

Giving a community caution

108

Deciding on the conditions

109

Rehabilitation and reparation conditions

110

Financial penalty conditions

111

Enforcement of financial penalties: registration

112

Enforcement of financial penalties: court proceedings

113

Variation of conditions

114

Effect of community caution

115

General

Code of practice

116

but may not publish or amend the draft without the consent of the Attorney General.

Restriction on multiple cautions

117

Abolition of other cautions and out-of-court disposals

118

Supplementary

Consequential amendments relating to Part 6

119

Schedule 11 contains consequential amendments.

Regulations under Part 6

120

Interpretation of Part 6

121

In this Part—

PART 7 — Sentencing and release

CHAPTER 1 — Custodial sentences

Penalties for offences involving children or vulnerable adults

Penalty for cruelty to children

122

Penalty for causing or allowing a child or vulnerable adult to die or suffer serious physical harm

123

liable— (a) on conviction on indictment in England and Wales, to imprisonment for life or to a fine, or to both; (b) on conviction on indictment in Northern Ireland,

.

liable— (a) on conviction on indictment in England and Wales, to imprisonment for a term not exceeding 14 years or to a fine, or to both; (b) on conviction on indictment in Northern Ireland,

.

(20A) (1) An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 that meets the conditions in sub-paragraph (2). (2) The conditions are that— (a) the unlawful act to which the offence relates was an act that occurred, or so much of an act as occurred, on or after the day on which section 123 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and (b) the offender is liable on conviction on indictment to imprisonment for life.

Minimum sentences for particular offences

Minimum sentences for particular offences

124

(2A) If the offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence unless the court is of the opinion that there are exceptional circumstances which— (a) relate to the offence or to the offender, and (b) justify not doing so.

(2A) If the index offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence for a term of at least 7 years unless the court is of the opinion that there are exceptional circumstances which— (a) relate to any of the offences or to the offender, and (b) justify not doing so.

, and

(2A) If the index offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence for a term of at least 3 years unless the court is of the opinion that there are exceptional circumstances which— (a) relate to any of the offences or to the offender, and (b) justify not doing so.

, and

(2A) If the index offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence unless the court is of the opinion that there are exceptional circumstances which— (a) relate to the offence, to the previous offence or to the offender, and (b) justify not doing so.

, and

(aa) in subsection (2A), for “an appropriate custodial sentence” substitute “a sentence of imprisonment”;

, and

(aa) in subsection (2A), for “an appropriate custodial sentence” substitute “a sentence of imprisonment”;

.

has effect only where the person committed the offence on or after the day on which the Schedule came into force.

it is to be taken to have been committed on the last of those days.

Life sentences: time to be served

Whole life order as starting point for premeditated child murder

125

In Schedule 21 to the Sentencing Code (minimum terms in mandatory life sentences), in paragraph 2(2), after paragraph (b) insert—

(ba) the murder of a child involving a substantial degree of premeditation or planning, where the offence was committed on or after the day on which section 125 of the Police, Crime, Sentencing and Courts Act 2022 came into force,

.

Whole life orders for young adult offenders in exceptional cases

126

(3A) A case is within this subsection if the offender was aged 21 or over when the offence was committed. (3B) A case is within this subsection if— (a) the offence was committed on or after the day on which section 126 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and (b) the offender was aged 18 or over but under 21 when the offence was committed. (3C) In a case within subsection (3B), the court may arrive at the opinion set out in subsection (3)(b) only if it considers that the seriousness of the offence, or combination of offences, is exceptionally high even by the standard of offences which would normally result in a whole life order in a case within subsection (3A).

Starting points for murder committed when under 18

127

In Schedule 21 to the Sentencing Code (minimum terms in mandatory life sentences), for paragraph 6 substitute—

(5A) (1) This paragraph applies if— (a) the offender was aged under 18 when the offence was committed, and (b) the offender was convicted of the offence on or after the day on which section 127 of the Police, Crime, Sentencing and Courts Act 2022 came into force. (2) The appropriate starting point, in determining the minimum term, is the period given in the entry in column 2, 3 or 4 of the following table that corresponds to— (a) the age of the offender when the offence was committed, as set out in column 1, and (b) the provision of this Schedule that would have supplied the appropriate starting point had the offender been aged 18 when the offence was committed, as set out in the headings to columns 2, 3 and 4.

1 2 3 4
Age of offender when offence committed Starting point supplied by paragraph 3(1) had offender been 18 Starting point supplied by paragraph 4(1) had offender been 18 Starting point supplied by paragraph 5 had offender been 18
17 27 years 23 years 14 years
15 or 16 20 years 17 years 10 years
14 or under 15 years 13 years 8 years

(6) (1) This paragraph applies if— (a) the offender was aged under 18 when the offence was committed, and (b) the offender was convicted of the offence before the day on which section 127 of the Police, Crime, Sentencing and Courts Act 2022 came into force. (2) The appropriate starting point, in determining the minimum term, is 12 years.

Sentences of detention during Her Majesty’s pleasure: review of minimum term

128

(27A) (1) This section applies to a person who— (a) is serving a DHMP sentence, and (b) was under the age of 18 when sentenced; and such a person is referred to in this section as a “relevant young offender”. (2) A relevant young offender may make an application for a minimum term review to the Secretary of State after serving half of the minimum term. (3) An “application for a minimum term review” is an application made by a relevant young offender for a reduction in the minimum term. (4) Where a relevant young offender has made an application for a minimum term review under this section, the offender may only make a further such application if— (a) the period of 2 years beginning with the day on which the previous application was determined has expired, and (b) the offender is under the age of 18 on the day on which the further application is made. (5) Where the Secretary of State receives an application under this section, the Secretary of State must— (a) consider the application, and (b) unless the Secretary of State forms the view that the application is frivolous or vexatious, refer it to the High Court. (6) Where the Secretary of State decides not to refer the application to the High Court, the Secretary of State must give notice of that decision, and the reasons for it, to the relevant young offender. (7) If the relevant young offender makes representations or provides further evidence in support of the application before the end of the period of 4 weeks beginning with the day on which the notice under subsection (6) is given, the Secretary of State must consider the representations or evidence and— (a) if the Secretary of State is no longer of the view mentioned in subsection (5)(b), refer the application to the High Court, or (b) give notice to the offender confirming the decision not to refer the application. (8) In this section— - “DHMP sentence” means a sentence of detention during Her Majesty’s pleasure imposed (whether before or after this section comes into force) under a provision listed in column 1 of the table in subsection (9); - “minimum term”, in relation to a person serving a DHMP sentence, means the part of the sentence specified—in the minimum term order made in respect of the sentence, orwhere one or more reduction orders have been made under section 27B in respect of the sentence, in the most recent of those orders; - “minimum term order”, in relation to a DHMP sentence, means the order made under the provision listed in column 2 of the table in subsection (9) that corresponds to the entry in column 1 that relates to the sentence. (9) The table is as follows—

Provision under which DHMP sentence imposed Provision under which minimum term order made
Section 259 of the Sentencing Code Section 322 of the Sentencing Code
Section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 Section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 or section 269 of the Criminal Justice Act 2003
Section 218 of the Armed Forces Act 2006 Section 269 of the Criminal Justice Act 2003 or section 322 of the Sentencing Code.

(10) For the purposes of subsection (4), an application for a minimum term review is determined— (a) when the court makes a reduction order or a decision confirming the minimum term (see section 27B), or (b) in a case where the application is not referred to the court, when the Secretary of State gives the relevant young offender notice in relation to the application under subsection (6). (11) There is no right for any person who is serving a DHMP sentence to request a review of the minimum term other than that conferred by this section. (27B) (1) This section applies where the Secretary of State refers an application for a minimum term review made by a relevant young offender under section 27A to the High Court. (2) The court may— (a) make a reduction order in relation to relevant young offender, or (b) confirm the minimum term in respect of the offender’s DHMP sentence, and a decision of the court under this subsection is final. (3) A reduction order is an order that the relevant young offender’s minimum term is to be reduced to such part of the offender’s DHMP sentence as the court considers appropriate and is specified in the reduction order. (4) In deciding whether to make a reduction order, the court must, in particular, take into account any evidence— (a) that the relevant young offender’s rehabilitation has been exceptional; (b) that the continued detention or imprisonment of the offender for the remainder of the minimum term is likely to give rise to a serious risk to the welfare or continued rehabilitation of the offender which cannot be eliminated or mitigated to a significant degree. (5) In this section “DHMP sentence”, “minimum term” and “relevant young offender” have the same meaning as in section 27A.

(a) the part of the sentence specified in the minimum term order, or (b) in a case where one or more reduction orders has been made in relation to the prisoner (see section 27B), the part of the sentence specified in the most recent of those orders.

Life sentence not fixed by law: minimum term

129

(1A) The starting point, in determining the minimum term, is the relevant portion of the notional determinate sentence. (1B) The “notional determinate sentence”, in relation to a life sentence, is the custodial sentence that the court would have imposed if the court had not imposed the life sentence. (1C) The “relevant portion” of the notional determinate sentence is— (a) where that sentence is within section 247A(2A) of the Criminal Justice Act 2003 (terrorist prisoners not entitled to early release), the term that the court would have determined as the appropriate custodial term (within the meaning given by subsection (8) of that section); (b) where that sentence is a sentence under section 252A, 254, 265, 266, 278 or 279 (and is not within paragraph (a)), two-thirds of the term that the court would have determined as the appropriate custodial term under that section; (c) where that sentence is any other custodial sentence, two-thirds of the term of the sentence.

;

(za) subsection (1C)(b) has effect as if for “section 252A, 254, 265, 266, 278 or 279” there were substituted— (i) section 224A or 224B of the Armed Forces Act 2006, or (ii) section 254, 266, 278 or 279 passed as a result of section 219A, 219ZA or 221A of that Act,

.

(za) in subsection (1C)(b), omit “265, 266,

;

(za) in paragraph (za)— (i) in the words before sub-paragraph (i), omit “265, 266,”; (ii) in sub-paragraph (ii), omit “266,”.

Release on licence

Increase in requisite custodial period for certain violent or sexual offenders

130

(244ZA) (1) As soon as a fixed-term prisoner to whom this section applies has served the requisite custodial period for the purposes of this section, it is the duty of the Secretary of State to release the prisoner on licence under this section. (2) This section applies to a prisoner who— (a) is serving a fixed-term sentence within subsection (4), (5) or (6), (b) is not a prisoner to whom section 244A, 246A or 247A applies, and (c) has not been released on licence (provision for the release of persons recalled under section 254 being made by sections 255B and 255C). (3) Subsection (1) does not apply if— (a) the prisoner’s case has been referred to the Board under section 244ZB, or (b) a notice given to the prisoner under subsection (4) of that section is in force. (4) A fixed-term sentence is within this subsection if it— (a) is a sentence of— (i) imprisonment, or (ii) detention under section 96 of the PCC(S)A 2000 or section 262 of the Sentencing Code, (b) is for a term of 7 years or more, (c) was imposed on or after 1 April 2020, and (d) was imposed in respect of an offence— (i) that is specified in Part 1 or 2 of Schedule 15, and (ii) for which a sentence of life imprisonment could have been imposed (in the case of an offender aged 21 or over) at the time when the actual sentence was imposed. (5) A fixed-term sentence is within this subsection if it— (a) is a sentence of imprisonment or a sentence of detention under section 262 of the Sentencing Code, (b) is for a term of at least 4 years but less than 7 years, (c) was imposed on or after the day on which section 130 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and (d) was imposed in respect of an offence within subsection (7). (6) A fixed-term sentence is within this subsection if it— (a) is a sentence of detention under section 250 of the Sentencing Code, (b) is for a term of 7 years or more, (c) was imposed on or after the day on which section 130 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and (d) was imposed in respect of an offence within subsection (7). (7) An offence is within this subsection if— (a) it is specified in any of the following paragraphs of Part 1 of Schedule 15— (i) paragraph 1 (manslaughter); (ii) paragraph 4 (soliciting murder); (iii) paragraph 6 (wounding with intent to cause grievous bodily harm); (iv) paragraph 64 (ancillary offences), so far as it relates to an offence listed in paragraph 1, 4 or 6; (v) paragraph 65 (inchoate offences in relation to murder), or (b) it is an offence— (i) that is specified in Part 2 of that Schedule (sexual offences), and (ii) for which a sentence of life imprisonment could have been imposed (in the case of an offender aged 21 or over) at the time when the actual sentence was imposed. (8) For the purposes of this section “the requisite custodial period” means— (a) in relation to a prisoner serving one sentence, two-thirds of the prisoner’s sentence, and (b) in relation to a prisoner serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2B) or (2E).

(cb) in relation to a sentence in respect of which section 244ZA applies to the offender, two-thirds of the sentence,

.

Increase in requisite custodial period for certain other offenders of particular concern

131
  1. in relation to a person serving one sentence imposed on or after that day, two-thirds of the appropriate custodial term,

.

(ca) in relation to a sentence imposed under section 265 or 278 of the Sentencing Code on or after the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into force, two-thirds of the appropriate custodial term determined by the court under that section,

.

Power to refer high-risk offenders to Parole Board in place of automatic release

132

(2A) Subsection (2) does not apply if— (a) the prisoner’s case has been referred to the Board under section 244ZB, or (b) a notice given to the prisoner under subsection (4) of that section is in force.

(1ZA) Subsection (1) does not apply if— (a) the prisoner’s case has been referred to the Board under section 244ZB, or (b) a notice given to the prisoner under subsection (4) of that section is in force.

(244ZB) (1) This section applies to a prisoner who— (a) would (but for anything done under this section and ignoring any possibility of release under section 246 or 248) be, or become, entitled to be released on licence under section 243A(2), 244(1) or 244ZA(1), and (b) is (or will be) aged 18 or over on the first day on which the prisoner would be so entitled. (2) For the purposes of this section, the Secretary of State is of the requisite opinion if the Secretary of State believes on reasonable grounds that the prisoner would, if released, pose a significant risk to members of the public of serious harm occasioned by the commission of any of the following offences— (a) murder; (b) specified offences, within the meaning of section 306 of the Sentencing Code. (3) If the Secretary of State is of the requisite opinion, the Secretary of State may refer the prisoner’s case to the Board. (4) Before referring the prisoner’s case to the Board, the Secretary of State must notify the prisoner in writing of the Secretary of State’s intention to do so (and the reference may be made only if the notice is in force). (5) A notice given under subsection (4) must take effect before the prisoner becomes entitled as mentioned in subsection (1)(a). (6) A notice given under subsection (4) must explain— (a) the effect of the notice (including its effect under section 243A(2A), 244(1ZA) or 244ZA(3)), (b) why the Secretary of State is of the requisite opinion, and (c) the prisoner’s right to make representations (see subsection (12)). (7) A notice given under subsection (4)— (a) takes effect at whichever is the earlier of— (i) the time when it is received by the prisoner, and (ii) the time when it would ordinarily be received by the prisoner, and (b) remains in force until— (i) the Secretary of State refers the prisoner’s case to the Board under this section, or (ii) the notice is revoked. (8) The Secretary of State— (a) may revoke a notice given under subsection (4), and (b) must do so if the Secretary of State is no longer of the requisite opinion. (9) If a notice given under subsection (4) is in force and the prisoner would but for the notice have become entitled as mentioned in subsection (1)(a)— (a) the prisoner may apply to the High Court on the ground that the prisoner’s release has been delayed by the notice for longer than is reasonably necessary in order for the Secretary of State to complete the referral of the prisoner’s case to the Board, and (b) the High Court, if satisfied that that ground is made out, must by order revoke the notice. (10) At any time before the Board disposes of a reference under this section, the Secretary of State— (a) may rescind the reference, and (b) must do so if the Secretary of State is no longer of the requisite opinion. (11) If the reference is rescinded, the prisoner is no longer to be treated as one whose case has been referred to the Board under this section (but this does not have the effect of reviving the notice under subsection (4)). (12) The prisoner may make representations to the Secretary of State about the referral, or proposed referral, of the prisoner’s case at any time after being notified under subsection (4) and before the Board disposes of any ensuing reference under this section. But the Secretary of State is not required to delay the referral of the prisoner’s case in order to give an opportunity for such representations to be made. (244ZC) (1) This section applies to a prisoner whose case has been referred to the Parole Board under section 244ZB. (2) If, in disposing of that reference or any subsequent reference of the prisoner’s case to the Board under this subsection, the Board does not direct the prisoner’s release, it is the duty of the Secretary of State to refer the prisoner’s case to the Board again no later than the first anniversary of the disposal. (3) It is the duty of the Secretary of State to release the prisoner on licence as soon as— (a) the prisoner has served the requisite custodial period, and (b) the Board has directed the release of the prisoner under this section. (4) The Board must not give a direction under subsection (3) in disposing of the reference under section 244ZB unless the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined. (5) The Board must not subsequently give a direction under subsection (3) unless— (a) the Secretary of State has referred the prisoner’s case to the Board under subsection (2), and (b) the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined. (6) For the purposes of this section, the “requisite custodial period” means the period ending with the day on which the prisoner would have become entitled as mentioned in section 244ZB(1)(a).

(fa) the prisoner’s case has been referred to the Board under section 244ZB, (fb) a notice given to the prisoner under subsection (4) of that section is in force,

.

— (a) whose suitability for automatic release does not have to be considered under section 255A(2), or (b) who is not considered suitable for automatic release.

(ca) in relation to a prisoner whose case has been referred to the Parole Board under section 244ZB, the requisite custodial period for the purposes of section 244ZC;

.

(bza) a prisoner whose case has been referred to the Parole Board under section 244ZB of the Criminal Justice Act 2003 (power to refer to Parole Board in place of automatic release),

;

(aaa) amend section 244ZC of the Criminal Justice Act 2003 (proceedings following reference under section 244ZB of that Act),

.

Power to make provision for reconsideration and setting aside of Parole Board decisions

133

In section 239 of the Criminal Justice Act 2003 (the Parole Board), after subsection (5) insert—

(5A) Rules under subsection (5) may, in particular, make provision— (a) requiring or permitting the Board to make provisional decisions; (b) about the circumstances— (i) in which the Board must or may reconsider such decisions; (ii) in which such decisions become final; (c) conferring power on the Board to set aside a decision or direction that is within subsection (5B), and any such provision may relate to cases referred to the Board under this Chapter or under Chapter 2 of Part 2 of the 1997 Act. (5B) The following are within this subsection— (a) a direction given by the Board for, or a decision made by it not to direct, the release of a prisoner which the Board determines it would not have given or made but for an error of law or fact, or (b) a direction given by the Board for the release of a prisoner which the Board determines it would not have given if— (i) information that was not available to the Board when the direction was given had been so available, or (ii) a change in circumstances relating to the prisoner that occurred after the direction was given had occurred before it was given. (5C) Provision made by virtue of subsection (5A)(c)— (a) may not confer power on the Board to set aside a direction for the release of a prisoner at any time when the prisoner has already been released pursuant to that direction, but (b) may make provision for the suspension of any requirement under this Chapter or under Chapter 2 of Part 2 of the 1997 Act for the Secretary of State to give effect to a direction of the Board to release a prisoner, pending consideration by the Board as to whether to set it aside.

Responsibility for setting licence conditions for fixed-term prisoners

134

(5A) The Secretary of State must not— (a) include a condition referred to in subsection (4)(b)(ii) in a licence within subsection (5B), either on release or subsequently, or (b) vary or cancel any such condition included in such a licence, unless the Board directs the Secretary of State to do so (and must, if the Board so directs, include, vary or cancel such a condition). (5B) A licence is within this subsection if it is granted to a relevant prisoner— (a) on their initial release in a case where that release is at the direction of the Board, or (b) on their release after recall to prison in a case where that release is at the direction of the Board (see sections 255B(5), 255C(5) and 256A(5)). (5C) In subsection (5B), “relevant prisoner” means a prisoner to whom section 244ZC, 244A, 246A, 247 or 247A applies (or applied) for the purposes of their initial release.

Repeal of uncommenced provision for establishment of recall adjudicators

135

In the Criminal Justice and Courts Act 2015, omit the following (which make provision for recall adjudicators that has not been commenced)—

Release at direction of Parole Board after recall: fixed-term prisoners

136

(4A) The Board must not give a direction for P’s release on a reference under subsection (4) unless the Board is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the period mentioned in subsection (1)(b).

(4A) The Board must not give a direction for P’s release on a reference under subsection (4) unless the Board is satisfied that it is not necessary for the protection of the public that P should remain in prison.

(1) This section applies to a person if— (a) there has been a previous reference of the person’s case to the Board under section 255C(4) or this section, and (b) the person has not been released. (1A) The Secretary of State must refer the person’s case back to the Board not later than the first anniversary of the most recent determination by the Board not to release the person (the “review date”). (1B) Subsection (1A) does not apply where the review date is 13 months or less before the date on which the person is required to be released by the Secretary of State.

;

(4) The Board must not give a direction for a person’s release on a reference under subsection (1A) or (2) unless the Board is satisfied that it is not necessary for the protection of the public that the person should remain in prison. (5) Where on a reference under subsection (1A) or (2) the Board directs a person’s release on licence under this Chapter, the Secretary of State must give effect to the direction.

(256AZA) (1) This section applies where a person (“the offender”) is serving two or more terms of imprisonment. (2) Nothing in sections 255A to 256A requires the Secretary of State to release the offender in respect of any of the terms unless and until the Secretary of State is required to release the offender in respect of each of the others. (3) Nothing in sections 255A to 256A requires the Secretary of State to refer the offender’s case to the Board in respect of any of the terms unless and until the Secretary of State is required either— (a) to refer the offender’s case to the Board, or (b) to release the offender, in respect of each of the others. (4) If the offender is released on licence under section 255B, 255C or 256A, the offender is to be on licence— (a) until the last date on which the offender is required to be on licence in respect of any of the terms, and (b) subject to such conditions as are required by this Chapter in respect of any of the sentences. (5) This section applies to a determinate sentence of detention under any of the following provisions as it applies to a term of imprisonment— (a) section 91 or 96 of the PCC(S)A 2000; (b) section 250, 252A, 254, 262, 265, 266 or 268A of the Sentencing Code; (c) section 226A, 226B, 227, 228 or 236A of this Act.

Power to change test for release of fixed-term prisoners following recall

137

(256AZB) (1) The Secretary of State may by order change— (a) the test to be applied by the Secretary of State in deciding under section 255A whether a person is suitable for automatic release; (b) the test to be applied by the Secretary of State in deciding whether to release a person under section 255B(2) or 255C(2); (c) the test to be applied by the Board in deciding whether to give a direction for a person’s release when determining a reference under section 255B(4), 255C(4) or 256A(1A) or (2). (2) An order under subsection (1) may in particular— (a) apply to a person recalled before the day on which the order comes into force (as well as to a person recalled on or after that day); (b) amend this Chapter.

  • section 256AZB,

.

Imprisonment for public protection etc: duty to refer person released on licence to Parole Board

138

(3) Where— (a) the prisoner has been released on licence under this Chapter (whether or not the prisoner has subsequently been recalled to prison under section 32); (b) the qualifying period has expired; and (c) if the Secretary of State has made a previous reference of the prisoner’s case under this subsection, the period of twelve months beginning with the day of the disposal of that reference has expired, the Secretary of State must refer the prisoner’s case to the Parole Board under this subsection.

(4A) A reference under subsection (3) must be made, and a reference under that subsection must be determined by the Parole Board under subsection (4), even if at the time of the reference or determination the prisoner is in prison having been recalled under section 32. (4B) If at the time of the determination the prisoner is in prison having been recalled under section 32— (a) subsection (2) does not apply, and (b) subsection (4)(a) has effect as if it required the Parole Board— (i) to determine whether it is satisfied that it is not necessary for the protection of the public for the prisoner, when released, to be released on licence in respect of the preventative sentence or sentences, and (ii) if it is so satisfied, to direct the Secretary of State accordingly. (4C) Where the Parole Board gives a direction under subsection (4B)(b)(ii)— (a) if at any time the Board directs the prisoner’s release under section 28, that section has effect in relation to the prisoner as if, in subsection (5), for “to release him on licence” there were substituted “to release the prisoner unconditionally”, and (b) if at any time the Board directs the prisoner’s release under section 32, that section has effect in relation to the prisoner as if, in subsection (5), for “immediate release on licence” there were substituted “immediate unconditional release”.

Release at direction of Parole Board: timing

139

(32ZB) (1) This section applies where the Parole Board directs the release of a life prisoner under section 28 or 32. (2) The Secretary of State must give effect to the direction of the Parole Board as soon as is reasonably practicable in all the circumstances including, in particular, the need to make arrangements in connection with any conditions that are to be included in the life prisoner’s licence under this Chapter. (3) The duty under subsection (2) is subject to provision made pursuant to section 239(5C)(b) of the Criminal Justice Act 2003 (provision in Parole Board rules in relation to setting aside of release directions).

(256AZC) (1) This section applies where the Board directs the release of a person on licence under this Chapter. (2) The Secretary of State must give effect to the direction of the Parole Board as soon as is reasonably practicable in all the circumstances including, in particular, the need to make arrangements in connection with any conditions that are to be included in the person’s licence under this Chapter. (3) The duty under subsection (2) is subject to provision made pursuant to section 239(5C)(b).

Driving disqualification: extension in connection with custodial sentence

Extension of driving disqualification where custodial sentence imposed: England and Wales

140

(fza) in a case that would fall within paragraph (e) or (f) but for the fact that the custodial sentence falls within section 247A(2A) of the Criminal Justice Act 2003, a period equal to the term imposed under section 266(a) or 279(a) or (as the case may be) section 254(a) of the Sentencing Code;

;

(fb) in the case of a sentence under section 268A or 282A of that Code (serious terrorism sentences), a period equal to the term imposed by the court pursuant to section 268C(2) or 282C(2) of that Code; (fc) in the case of a sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender, a period equal to two-thirds of the sentence; (fd) in any other case where section 247A of the Criminal Justice Act 2003 applies to the offender in respect of the custodial sentence, a period equal to two-thirds of the sentence;

.

6B a custodial sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender two-thirds of the sentence
6C a custodial sentence not within any of the preceding entries in respect of which section 247A of the Criminal Justice Act 2003 applies to the offender two-thirds of the sentence

;

(5A) In the case of a sentence specified in entry 2, 4 or 6 of column 2 in the table which is within section 247A(2A) of the Criminal Justice Act 2003, the corresponding entry in column 3 of the table is to be read with the omission of “two-thirds of”.

(40A) In section 166(5A) (adaptation of disqualification period in certain terrorist cases), in paragraph (a), omit “, 4”;

(aa) in paragraph (fza) omit “266(a) or”;

;

(c) in paragraph (fb) omit “268A or” and “268C(2) or”.

Increase in driving disqualification periods under certain existing orders: England and Wales

141

and “appropriate extension period”, “driving disqualification order” and “custodial sentence” are to be read in accordance with the extended disqualification provision concerned.

Extension of driving disqualification where custodial sentence imposed: Scotland

142

(aa) in the case of a person serving a serious terrorism sentence, a period equal to the appropriate custodial term; (ab) in the case of a person serving an extended sentence that falls within section 1AB(2A) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”), a period equal to the custodial term; (ac) in the case of a person serving an extended sentence in respect of which section 1AB(3) to (5) of the 1993 Act applies to the person, a period equal to two-thirds of the custodial term;

;

(ca) in the case of a person serving a sentence imposed under section 205ZC of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”), a period equal to two-thirds of the appropriate custodial term; (cb) in the case of a person serving any other sentence of imprisonment in respect of which section 1AB of the 1993 Act applies to the person, a period equal to two-thirds of the sentence;

.

  • “appropriate custodial term”—in relation to a serious terrorism sentence, means the term imposed under subsection (5)(a) or (as the case may be) (7)(a) of section 205ZA of the 1995 Act;in relation to a sentence imposed under section 205ZC of the 1995 Act, means the term imposed under subsection (3)(a) or (as the case may be) (4)(a) of that section;

;

  • “punishment part”, in relation to a life sentence, means the punishment part of the sentence as specified in an order mentioned in section 2(2) of the 1993 Act;

;

  • “serious terrorism sentence” means a sentence imposed under section 205ZA of the 1995 Act;

.

(aa) in the case of a person serving a serious terrorism sentence, a period equal to the appropriate custodial term; (ab) in the case of a person serving an extended sentence that falls within section 1AB(2A) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”), a period equal to the custodial term; (ac) in the case of a person serving an extended sentence in respect of which section 1AB(3) to (5) of the 1993 Act applies to the person, a period equal to two-thirds of the custodial term;

;

(ca) in the case of a person serving a sentence imposed under section 205ZC of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”), a period equal to two-thirds of the appropriate custodial term; (cb) in the case of a person serving any other sentence of imprisonment in respect of which section 1AB of the 1993 Act applies to the person, a period equal to two-thirds of the sentence;

.

  • “appropriate custodial term”—in relation to a serious terrorism sentence, means the term imposed under subsection (5)(a) or (as the case may be) (7)(a) of section 205ZA of the 1995 Act;in relation to a sentence imposed under section 205ZC of the 1995 Act, means the term imposed under subsection (3)(a) or (as the case may be) (4)(a) of that section;

;

  • “punishment part”, in relation to a life sentence, means the punishment part of the sentence as specified in an order mentioned in section 2(2) of the 1993 Act;

;

  • “serious terrorism sentence” means a sentence imposed under section 205ZA of the 1995 Act;

.

Increase in driving disqualification periods under certain existing orders: Scotland

143

Minor amendments

Calculation of period before release or Parole Board referral where multiple sentences being served

144

(33A) (1) This section applies where a life prisoner is also serving one or more sentences by virtue of which the fixed-term provisions apply to the offender. (2) Nothing in this Chapter requires the Secretary of State to release the prisoner unless the Secretary of State is also required by the fixed-term provisions to release the prisoner. (3) Nothing in this Chapter requires the Secretary of State to refer the prisoner’s case to the Parole Board unless the Secretary of State is also required by the fixed-term provisions to— (a) refer the prisoner’s case to the Board, or (b) release the prisoner. (4) Subsection (3) does not apply to a reference by the Secretary of State under section 31A(3). (5) The fact that the prisoner is serving a life sentence is to be ignored in determining, for the purposes of subsections (2) and (3), what the fixed-term provisions require. (6) In this section “the fixed-term provisions” means Chapter 6 of Part 12 of the Criminal Justice Act 2003.

;

(aza) nothing in this Chapter requires the Secretary of State to refer the offender’s case to the Board in respect of any of the terms unless and until the Secretary of State is required either— (i) to refer the offender’s case to the Board, or (ii) to release the offender, in respect of each of the others,

.

(2A) Subsection (2B) applies if each of the terms of imprisonment is subject to initial automatic release. (2B) Nothing in this Chapter requires the Secretary of State to release the offender until the offender has served a period equal to the aggregate of the length of the minimum custodial periods in each of the terms. (2C) Subsections (2D) and (2E) apply if at least one of the terms of imprisonment is subject to initial Parole Board referral. (2D) Nothing in this Chapter requires the Secretary of State to refer the offender’s case to the Board until the offender has served a period equal to the aggregate length of the minimum custodial periods in each of the terms. (2E) Nothing in this Chapter requires the Secretary of State to release the offender until— (a) the Board has directed the release of the offender, or (b) the offender has served a period equal to the aggregate length of— (i) the minimum custodial periods in each of the terms (if any) that is subject to initial automatic release, and (ii) the maximum custodial periods in each of the terms that is subject to initial Parole Board referral. (2F) For the purposes of subsections (2A) to (2E)— (a) a term of imprisonment is “subject to initial automatic release” if it is a sentence in respect of which— (i) section 243A(1), 244(1), 244ZA(1), 246A(2) or 247 applies to the offender, or (ii) section 247A applies, but subsections (3) to (5) of that section do not apply, to the offender; (b) a term of imprisonment is “subject to initial Parole Board referral” if it is a sentence in respect of which— (i) section 244ZC, 244A, 246A(3) to (7) or 247A(3) to (5) applies to the offender, or (ii) a notice under section 244ZB(4) is in force.

;

(6B) In this section “maximum custodial period” means— (a) in relation to a sentence imposed under section 226A, 226B, 227, 228 or 236A of this Act or section 252A, 254, 265, 266, 278 or 279 of the Sentencing Code, the “appropriate custodial term” determined by the court under that section; (b) in relation to any other sentence, the term of the sentence.

(267C) (1) This section applies where a fixed-term prisoner is also serving one or more sentences by virtue of which the life sentence provisions apply to the offender. (2) Nothing in this Chapter requires the Secretary of State to release the prisoner unless the Secretary of State is also required by the life sentence provisions to release the prisoner. (3) Nothing in this Chapter requires the Secretary of State to refer the prisoner’s case to the Board unless the Secretary of State is also required by the life sentence provisions to— (a) refer the prisoner’s case to the Board, or (b) release the prisoner. (4) The reference in subsection (3)(a) to a requirement of the Secretary of State to refer a prisoner’s case to the Board does not include a requirement to do so under section 31A(3) of the 1997 Act. (5) The fact that the prisoner is also serving a fixed-term sentence is to be ignored in determining, for the purposes of subsections (2) and (3), what the life sentence provisions require. (6) In this section “the life sentence provisions” means Chapter 2 of Part 2 of the 1997 Act.

Application of release provisions to repatriated prisoners

145

(3ZA) The Secretary of State may specify in the warrant that the prisoner is to be treated for the purposes of the enactments relating to release on licence as if the sentence to be served by the prisoner was imposed in respect of— (a) a particular offence under the law of England and Wales, (b) such an offence carried out in a certain manner or in certain circumstances, or (c) such an offence in relation to which certain findings were made by the court before which the prisoner was convicted or sentenced for the offence; and if that is done those enactments have effect accordingly. (3ZB) An offence may be specified under sub-paragraph (3ZA) only if it corresponds to the offence in respect of which the prisoner is required to be detained in the country or territory from which the prisoner is transferred (“the overseas offence”). (3ZC) A specification under sub-paragraph (3ZA)(b) may be made only if, in the opinion of the Secretary of State, findings made by the court before which the prisoner was convicted or sentenced for the overseas offence show that the overseas offence was committed in the manner or circumstances to be specified (or in a corresponding manner or corresponding circumstances). (3ZD) A finding may be specified under sub-paragraph (3ZA)(c) only if, in the opinion of the Secretary of State, findings made by the court before which the prisoner was convicted or sentenced for the overseas offence show that the finding to be specified could properly have been made by a court in England and Wales dealing with the prisoner. (3ZE) Sub-paragraph (3ZA) does not result in the enactments relating to release on licence applying in a way in which they could not apply in relation to a sentence imposed in respect of the offence specified under that sub-paragraph— (a) that was committed at the same time as the overseas offence was committed, or (b) in respect of which a conviction was made, or sentence passed, at the same time as occurred in respect of the overseas offence. (3ZF) The Secretary of State may amend a warrant (whether issued before or after sub-paragraph (3ZA) comes into force and whether or not the transfer it authorised has taken place) so as to specify the matters there referred to.

;

Sentences and offences in respect of which polygraph condition may be imposed

146

In section 28 of the Offender Management Act 2007 (application of polygraph condition)—

(a) a life sentence within the meaning of Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (see section 34(2) of that Act), or (b) a fixed-term sentence within the meaning of Chapter 6 of Part 12 of the Criminal Justice Act 2003 (see section 237 of that Act) of a term of 12 months or more.

;

means an offence specified in any one or more of— (a) Schedule 3 to the Sexual Offences Act 2003 (sexual offences attracting notification requirements), (b) Part 2 of Schedule 15 to the Criminal Justice Act 2003 (sexual offences under the law of England and Wales specified for certain purposes), (c) paragraphs 1 to 21 of Schedule 16 to that Act (sexual offences under the law of Scotland specified for certain purposes), as that Schedule had effect immediately before its repeal on 14 July 2008, and (d) Part 2 of Schedule 17 to that Act (sexual offences under the law of Northern Ireland specified for certain purposes), as that Schedule had effect immediately before its repeal on 14 July 2008.

;

(4ZA) In determining for the purposes of subsection (4) whether an offence is specified in Schedule 3 to the Sexual Offences Act 2003, any limitation in that Schedule referring to the circumstances of a particular case (including the sentence imposed) is to be disregarded.

;

(4C) A sentence in respect of a service offence is to be treated for the purposes of this section as if it were a sentence in respect of the corresponding offence. (4D) In subsection (4C)— (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 the Air Force Act 1955, or (iii) section 42 of the Naval Discipline Act 1957; (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. (4E) Section 48 of the Armed Forces Act 2006 (supplementary provisions relating to ancillary service offences) applies for the purposes of subsection (4D)(b)(i) above as it applies for the purposes of the provisions of that Act referred to in subsection (3)(b) of that section.

Minor amendments to do with weapons-related offences

147

(60A) An offence under section 47 of the Anti-Terrorism, Crime and Security Act 2001 (use etc of nuclear weapons). (60B) An offence under section 50 of that Act (assisting or inducing certain weapons-related acts overseas).

;

(23A) An offence under either of the following provisions of the Anti-Terrorism, Crime and Security Act 2001— (a) section 47 (use etc of nuclear weapons); (b) section 50 (assisting or inducing certain weapons-related acts overseas).

;

(42) An offence under section 113 of the Anti-Terrorism, Crime and Security Act 2001 (use of noxious substance or thing to cause harm or intimidate).

Application of provision about minimum terms to service offences

148

In section 261A of the Armed Forces Act 2006 (life sentences imposed by Court Martial), at the end insert—

(5) Schedule 21, as it applies in relation to a sentence passed by the Court Martial, has effect as if a reference to murder included reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is murder.

CHAPTER 2 — Community sentences

Community and suspended sentence orders

Supervision by responsible officer

149

(1A) In a case where the offender was convicted on or after the day on which section 149 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the responsible officer may from time to time give the offender an instruction to attend an appointment (with the responsible officer or with another person) for the purposes of— (a) the rehabilitation of the offender, or (b) the protection of the public. (1B) The offender must comply with any instruction given by the responsible officer under subsection (1A).

;

(2A) The powers under subsections (1A) and (2) to give instructions apply even if all the requirements of the community order have been complied with.

;

(1A) In a case where the offender was convicted on or after the day on which section 149 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the responsible officer may from time to time give the offender an instruction to attend an appointment (with the responsible officer or with another person) for the purposes of— (a) the rehabilitation of the offender, or (b) the protection of the public. (1B) The offender must comply with any instruction given by the responsible officer under subsection (1A).

;

(2A) The powers under subsections (1A) and (2) to give instructions apply even if all the community requirements of the suspended sentence order have been complied with.

;

Increases in maximum daily curfew hours and curfew requirement period

150

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

(4A) In sub-paragraph (4) “the relevant number of hours” means— (a) in relation to a relevant order in respect of an offence of which the offender was convicted before the day on which section 150 of the Police, Crime, Sentencing and Courts Act 2022 came into force, 16 hours, and (b) in relation to a relevant order in respect of an offence of which the offender was convicted on or after that day, 20 hours.

(6) In sub-paragraph (5) “the relevant period” means— (a) in relation to a relevant order in respect of an offence of which the offender was convicted before the day on which section 150 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the period of 12 months, and (b) in relation to a relevant order in respect of an offence of which the offender was convicted on or after that day, the period of 2 years.

(6A) Paragraph 9(4A) of that Schedule applies as if references to an offence of which the offender was convicted before, on or after a day were references to a failure by a person to comply with a requirement that occurred before, on or after that day.

(1A) Any reference to an offence of which the offender was convicted before, on or after a day is to be read as a reference to a default made by a person before, on or after that day.

;

Power for responsible officer to vary curfew requirements etc

151

(10A) (1) This paragraph applies where— (a) a relevant order is in force, (b) the order is in respect of an offence of which the offender was convicted on or after the day on which section 151 of the Police, Crime, Sentencing and Courts Act 2022 came into force, (c) the order includes a curfew requirement imposed under paragraph 9, and (d) the responsible officer considers that the variation condition is met. (2) The variation condition is met if, having regard to a change in the offender’s circumstances since the relevant order was made, it is appropriate to— (a) vary the start time of any of the curfew periods; (b) vary the relevant place in relation to any of those periods. (3) The responsible officer may, with the consent of the offender, give the offender notice (a “variation notice”) specifying— (a) the new start time of such of the curfew periods as are specified in the notice; (b) the new relevant place for such of the curfew periods as are so specified. (4) The effect of a variation notice is to vary the relevant order as specified in the notice, with effect from the date so specified. (5) A variation notice may specify different variations of the start time, or of the relevant place, for different days. (6) Before giving a variation notice containing provision pursuant to sub-paragraph (3)(b), the responsible officer must obtain and consider information about each place proposed to be specified in the notice. (7) That information must include information as to the attitude of persons likely to be affected by the offender’s enforced presence there. (8) A variation notice must not— (a) vary the length of any of the offender’s curfew periods; (b) in a case where the relevant order includes a residence requirement under paragraph 13, vary the relevant place in a way that is inconsistent with that requirement; (c) make any variation prohibited by sub-paragraph (9). (9) A variation is prohibited by this sub-paragraph if— (a) the relevant order concerned includes an electronic compliance monitoring requirement imposed under paragraph 10(3) (a “monitoring requirement”), and (b) the responsible officer considers that, if the court had made the relevant order imposing the curfew requirement as varied by the variation, the court— (i) would not have imposed the monitoring requirement, or (ii) would have imposed a different monitoring requirement. (10) The responsible officer must give the appropriate court— (a) a copy of a variation notice given under this paragraph, and (b) evidence of the offender’s consent to the notice. (11) In this paragraph— (a) “appropriate court”— (i) in relation to a community order, has the same meaning as in Schedule 10 (see paragraph 1 of that Schedule); (ii) in relation to a suspended sentence order, has the same meaning as in Schedule 16 (see paragraph 1 of that Schedule); (b) “curfew periods”, in relation to a relevant order, means the periods specified in the order under paragraph 9(2)(a); (c) “relevant place”, in relation to a curfew period, means the place specified under paragraph 9(2)(b) at which the offender is required to remain for that period; (d) “start time”, in relation to a curfew period, means the time at which the period is required to start pursuant to the relevant order.

(3) If the permission is given by the responsible officer— (a) the officer must give notice to the appropriate court of the permission, and (b) the court must amend the order as set out in sub-paragraph (2).

(17A) (1) This paragraph applies where at any time the responsible officer gives— (a) a copy of a variation notice in relation to a community order, and (b) evidence of the offender’s consent to the notice, to the appropriate court under paragraph 10A of Schedule 9. (2) The appropriate court must amend the order to reflect the effect of the variation notice.

(3) If the permission is given by the responsible officer— (a) the officer must give notice to the appropriate court of the permission, and (b) the court must amend the suspended sentence order as set out in sub-paragraph (2).

(24A) (1) This paragraph applies where at any time the responsible officer gives— (a) a copy of a variation notice in relation to a suspended sentence order, and (b) evidence of the offender’s consent to the notice, to the appropriate court under paragraph 10A of Schedule 9. (2) The appropriate court must amend the order to reflect the effect of the variation notice.

Removal of attendance centre requirements for adults

152

— (a) the offender was convicted of the offence before the day on which section 152 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and (b) the offender was aged under 25 when convicted of the offence.

— (a) the offender was convicted of the offence before the day on which section 152 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and (b) the offender was aged under 25 when convicted of the offence.

Special procedures relating to review and breach

153

Schedule 14 makes provision for, and in relation to, the powers of courts—

Drug testing requirement

154

Schedule 15 amends the Sentencing Code to make provision for a drug testing requirement in community orders and suspended sentence orders.

Unpaid work requirements

Duty to consult on unpaid work requirements

155

After section 10 of the Offender Management Act 2007 insert—

(10A) (1) Each provider of probation services must, in each calendar year, consult the prescribed persons about the work to be performed by persons who— (a) are subject to unpaid work requirements, and (b) are supervised by that provider. (2) In this section “prescribed person” means a person, or a person of a description, prescribed by regulations made by the Secretary of State. (3) In this section “unpaid work requirement” means an unpaid work requirement as defined by— (a) paragraph 10(1) of Schedule 6 to the Sentencing Code (youth rehabilitation orders), (b) paragraph 1(1) of Schedule 9 to the Sentencing Code (community orders and suspended sentence orders), or (c) paragraph 3A(1) of Schedule A1 to the Children Act 1989 (enforcement orders). (4) For the purposes of this section a person is supervised by a provider of probation services if an officer of that provider has functions relating to the person’s compliance with an unpaid work requirement.

CHAPTER 3 — Assaults on those providing a public service etc

Assaults on those providing a public service etc

156

In the Sentencing Act 2020, after section 68 insert—

(68A) (1) This section applies where— (a) a court is considering the seriousness of an offence listed in subsection (3), and (b) the offence is not aggravated under section 67(2). (2) If the offence was committed against a person providing a public service, performing a public duty or providing services to the public, the court— (a) must treat that fact as an aggravating factor, and (b) must state in open court that the offence is so aggravated. (3) The offences referred to in subsection (1) are— (a) an offence of common assault or battery, except where section 1 of the Assaults on Emergency Workers (Offences) Act 2018 applies; (b) an offence under any of the following provisions of the Offences against the Person Act 1861— (i) section 16 (threats to kill); (ii) section 18 (wounding with intent to cause grievous bodily harm); (iii) section 20 (malicious wounding); (iv) section 47 (assault occasioning actual bodily harm); (c) an inchoate offence in relation to any of the preceding offences. (4) In this section— (a) a reference to providing services to the public includes a reference to providing goods or facilities to the public; (b) a reference to the public includes a reference to a section of the public. (5) Nothing in this section prevents a court from treating the fact that an offence was committed against a person providing a public service, performing a public duty or providing services to the public as an aggravating factor in relation to offences not listed in subsection (3). (6) This section has effect in relation to a person who is convicted of the offence on or after the date on which section 156 of the Police, Crime, Sentencing and Courts Act 2022 comes into force.

PART 8 — Youth justice

Youth remand

Youth remand

157

(4A) Before deciding whether to remand a child to youth detention accommodation in accordance with section 102 the court must consider the interests and welfare of the child.

(aa) the sentencing condition (see subsection (2A)),

;

(2A) The sentencing condition is that it appears to the court that it is very likely that the child will be sentenced to a custodial sentence for the offence mentioned in section 91(1) or one or more of those offences.

;

(aa) the sentencing condition (see subsection (2A)),

;

(2A) The sentencing condition is that it appears to the court that, if the child were convicted in England and Wales of an offence equivalent to the offence to which the extradition proceedings relate or one or more of those offences, it is very likely that the child would be sentenced to a custodial sentence for that offence or those offences.

;

(za) state in open court that it has considered subsections (3) and (4A) of section 91,

;

(za) is given in writing to— (i) the child, (ii) any legal representative of the child, and (iii) any youth offending team which appears to the court to have functions in relation to the child,

.

Detention and training orders

Discretion as to length of term

158

In section 236(1) of the Sentencing Code (term of detention and training order), for “4, 6, 8, 10, 12, 18 or 24 months” substitute “at least 4 months but must not exceed 24 months”.

Consecutive detention and training order and sentence of detention: effect of early release decision

159

(5A) Where the offender is also subject to a sentence of any of the following kinds that is to take effect, by virtue of an order to which subsection (7) applies, when the offender would otherwise be released for supervision— (a) a sentence of detention under section 250 or 252A, (b) a sentence of detention under section 209 or 224A of the Armed Forces Act 2006, or (c) an extended sentence of detention under section 254 (including one passed as a result of section 221A of the Armed Forces Act 2006), subsection (4) is to be read as if, instead of conferring a power to release the offender, it conferred a power to determine that the Secretary of State would, but for the sentence concerned, have released the offender.

(1A) In a case where the detention and training order was made on or after the day on which section 159 of the Police, Crime, Sentencing and Courts Act 2022 came into force, section 246(1)(a) is to be read as if, instead of conferring a power to release the offender, it conferred a power to determine that the Secretary of State would, but for the detention and training order, have directed the offender’s release under that section.

Detention and training orders: time to count as served

160

Schedule 16 makes provision in relation to the treatment of time spent remanded in custody or on bail as time served in relation to detention and training orders.

Youth rehabilitation orders

Youth rehabilitation orders

161

Abolition of reparation orders

Abolition of reparation orders

162

In section 110(1) of the Sentencing Code (availability of reparation order), before paragraph (a) insert—

(za) the offender is convicted of the offence before the day on which section 162 of the Police, Crime, Sentencing and Courts Act 2022 comes into force,

.

PART 9 — Secure children's homes and secure 16 to 19 Academies

Temporary release from secure children’s homes

163

(4ZA) For the purposes of this section a person who, after being temporarily released in pursuance of section 163 of the Police, Crime, Sentencing and Courts Act 2022 (temporary release from a secure children’s home), is at large at any time during the period for which they are liable to be detained pursuant to their sentence shall be deemed to be unlawfully at large if the period for which they were temporarily released has expired or if they have been recalled under that section.

Secure 16 to 19 Academies

164

(4) A 16 to 19 Academy may provide secure accommodation for its students, but only if it is approved to do so by the Secretary of State. (5) “Secure accommodation” means accommodation that is provided for the purpose of restricting liberty. (6) The Secretary of State may grant approval under subsection (4) subject to conditions. (7) A 16 to 19 Academy which provides secure accommodation for its students is to be known as a secure 16 to 19 Academy.

(5) The setting up, establishment and running of a secure 16 to 19 Academy is to be treated as a charitable purpose that falls within the description in section 3(1)(b) of the Charities Act 2011 (advancement of education) for the purposes of— (a) this section, (b) the Charities Act 2011, and (c) any other enactment that applies (in whatever way) the definition of “charitable purpose” in section 2 of that Act. (6) But subsection (5) is to be disregarded in determining, in accordance with section 3(1)(m) of the Charities Act 2011, whether a purpose may be regarded as analogous to, or within the spirit of, a purpose falling within paragraph (b) of section 3(1) of that Act.

(ba) a secure 16 to 19 Academy,

.

—

;

; or 1. a secure 16 to 19 Academy (see section 1B(4) to (7) of the Academies Act 2010);

;

PART 10 — Management of offenders

CHAPTER 1 — Serious violence reduction orders

Serious violence reduction orders

165

(342A) (1) This section applies where— (a) a person aged 18 or over (“the offender”) is convicted of an offence which was committed on or after the first appointed day, and (b) the prosecution makes an application to the court for a serious violence reduction order to be made in respect of the offender. (2) Subject to subsection (6), the court may make a serious violence reduction order in respect of the offender if— (a) the condition in subsection (3) or (4) is met, and (b) the condition in subsection (5) is met. (3) The condition in this subsection is that the court is satisfied on the balance of probabilities that— (a) a bladed article or offensive weapon was used by the offender in the commission of the offence, or (b) the offender had a bladed article or offensive weapon with them when the offence was committed. (4) The condition in this subsection is that the court is satisfied on the balance of probabilities that— (a) a bladed article or offensive weapon was used by another person in the commission of the offence and the offender knew or ought to have known that this would be the case, or (b) another person who committed the offence had a bladed article or offensive weapon with them when the offence was committed and the offender knew or ought to have known that this would be the case. (5) The condition in this subsection is that the court considers it necessary to make a serious violence reduction order in respect of the offender to— (a) protect the public in England and Wales from the risk of harm involving a bladed article or offensive weapon, (b) protect any particular members of the public in England and Wales (including the offender) from such risk, or (c) prevent the offender from committing an offence involving a bladed article or offensive weapon. (6) The court may make a serious violence reduction order in respect of the offender only if it— (a) does so in addition to dealing with the offender for the offence, and (b) does not make an order for absolute discharge under section 79 in respect of the offence. (7) For the purpose of deciding whether to make a serious violence reduction order the court may consider evidence led by the prosecution and evidence led by the offender. (8) It does not matter whether the evidence would have been admissible in the proceedings in which the offender was convicted. (9) The court may adjourn any proceedings on an application for a serious violence reduction order even after sentencing the offender. (10) If the offender does not appear for any adjourned proceedings the court may— (a) further adjourn the proceedings, (b) issue a warrant for the offender’s arrest, or (c) hear the proceedings in the offender’s absence. (11) The court may not act under subsection (10)(b) unless it is satisfied that the offender has had adequate notice of the time and place of the adjourned proceedings. (12) The court may not act under subsection (10)(c) unless it is satisfied that the offender— (a) has had adequate notice of the time and place of the adjourned proceedings, and (b) has been informed that if the offender does not appear for those proceedings the court may hear the proceedings in the offender’s absence. (13) On making a serious violence reduction order the court must in ordinary language explain to the offender— (a) the effects of the order, and (b) the powers that a constable has in respect of the offender under section 342E while the order is in effect. (14) In subsection (1)(a) “the first appointed day” means the first day appointed by regulations under section 208(1) of the Police, Crime, Sentencing and Courts Act 2022 for the coming into force to any extent of section 165 of that Act. (15) In subsection (4) the references to the offence include references to any offence arising out of the same facts as the offence. (342B) (1) In this Chapter, “serious violence reduction order” means an order made in respect of an offender that imposes on the offender— (a) the requirements specified in subsections (2) and (4), and (b) the requirements and prohibitions, if any, specified in regulations made by the Secretary of State for the purposes of this section. (2) The offender must be required to notify the information in subsection (3) to the police within the period of 3 days beginning with the day on which the order takes effect. (3) That information is— (a) the offender’s name on the day that the notification is given and, where the offender uses one or more other names on that day, each of those names, (b) the offender’s home address on that day, and (c) the address of any other premises at which, on that day, the offender regularly resides or stays. (4) The offender must be required to notify the information mentioned in subsection (5) to the police within the period of 3 days beginning with the day on which the offender— (a) uses a name which has not been previously notified to the police in accordance with the order, (b) changes their home address, or (c) decides to live for a period of one month or more at any premises the address of which has not been previously notified to the police in accordance with the order. (5) That information is— (a) in a case within subsection (4)(a), the name which has not previously been notified, (b) in a case within subsection (4)(b), the new home address, and (c) in a case within subsection (4)(c), the address of the premises at which the offender has decided to live. (6) A serious violence reduction order must provide that the offender gives a notification of the kind mentioned in subsection (2) or (4) by— (a) attending at a police station in a police area in which the offender lives, and (b) giving an oral notification to a police officer, or to any person authorised for the purpose by the officer in charge of the station. (7) The Secretary of State may make regulations under subsection (1)(b) only if— (a) the Secretary of State has laid a report before Parliament under section 166(3) of the Police, Crime, Sentencing and Courts Act 2022 (report to be laid after piloting of serious violence reduction orders), and (b) the Secretary of State considers that it is appropriate to make the regulations for the purpose of assisting constables to exercise the powers conferred by section 342E. (8) Regulations under subsection (1)(b) are subject to the affirmative resolution procedure. (9) In this section, “home address”, in relation to the offender, means— (a) the address of the offender’s sole or main residence, or (b) if the offender has no such residence, the address or location of a place where the offender can regularly be found and, if there is more than one such place, such one of those places as the offender may select. (342C) (1) A serious violence reduction order may impose on the offender any requirement or prohibition specified in regulations made by the Secretary of State for the purposes of this section if the condition in subsection (2) is met. (2) The condition in this subsection is that the court considers it appropriate for the order to impose the requirement or prohibition on the offender for the purpose of assisting constables to exercise the powers conferred by section 342E in respect of the offender. (3) Regulations under this section may be made only after the Secretary of State has laid a report before Parliament under section 166(3) of the Police, Crime, Sentencing and Courts Act 2022 (report to be laid after piloting of serious violence reduction orders). (4) Regulations under this section are subject to the affirmative resolution procedure. (342D) (1) A serious violence reduction order takes effect on the day it is made, subject to subsections (3) and (4). (2) A serious violence reduction order must specify the period for which it has effect, which must be a fixed period of not less than 6 months and not more than 2 years. (3) Subsection (4) applies in relation to a serious violence reduction order if— (a) the offender has been remanded in or committed to custody by an order of a court, or (b) a custodial sentence has been imposed on the offender or the offender is serving or otherwise subject to a such a sentence. (4) The order may provide that it does not take effect until the offender is released from custody or ceases to be subject to a custodial sentence. (5) Where a court makes a serious violence reduction order and the offender is already subject to such an order, the earlier order ceases to have effect. (342E) (1) This section applies where a serious violence reduction order is in effect. (2) A constable may search the offender for the purpose of ascertaining whether the offender has a bladed article or an offensive weapon with them. (3) A constable may detain the offender for the purpose of carrying out the search. (4) A constable may seize anything that the constable finds in the course of the search if the constable reasonably suspects it to be a bladed article or an offensive weapon. (5) The powers in this section may be exercised only while the offender is in a public place. (6) A constable may use reasonable force, if necessary, for the purpose of exercising a power conferred by this section. (7) The powers conferred on a constable by this section are additional to powers which the constable has at common law or by virtue of any other enactment and does not affect those powers. (342F) (1) Any thing seized by a constable under section 342E may be retained in accordance with regulations made by the Secretary of State under this section. (2) The Secretary of State may by regulations make provision— (a) regulating the retention and safekeeping of things seized by a constable under section 342E, and (b) regulating the disposal and destruction of such things in such circumstances as the regulations may prescribed. (3) Regulations under this section are subject to the negative resolution procedure. (342G) (1) Where a serious violence reduction order is in effect, the offender commits an offence if the offender— (a) fails without reasonable excuse to do anything the offender is required to do by the order, (b) without reasonable excuse does anything the offender is prohibited from doing by the order, (c) notifies to the police, in purported compliance with the order, any information which the offender knows to be false, (d) tells a constable that they are not subject to a serious violence reduction order, or (e) intentionally obstructs a constable in the exercise of any power conferred by section 342E. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both. (3) In relation to an offence committed before the coming into force of paragraph 24(2) of Schedule 22 (maximum sentence that may be imposed on summary conviction of offence triable either way) the reference in subsection (2)(a) to 12 months is to be read as a reference to 6 months. (4) If a person is convicted of an offence under this section, an order for conditional discharge under section 80 is not available to the court by or before which the person is convicted. (342H) (1) A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a serious violence reduction order. (2) Those persons are— (a) the offender; (b) the chief officer of police for the police area in which the offender lives; (c) the chief officer of police for the police area in which the offender committed the offence on the basis of which the order was made; (d) a chief officer of police who believes that the offender is in, or is intending to come to, the chief officer’s police area; (e) where the offence on the basis of which the order was made is an offence to which this paragraph applies, the chief constable of the British Transport Police Force. (3) Paragraph (e) of subsection (2) applies to an offence which— (a) was committed at, or in relation to, a place within section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 (jurisdiction of British Transport Police Force), or (b) otherwise related to a railway within the meaning given by section 67 of the Transport and Works Act 1992 or a tramway within the meaning given by that section. (4) An application under this section must be made in accordance with rules of court. (5) Before making a decision on an application under this section, the court must hear— (a) the person making the application, and (b) any other person within subsection (2) who wishes to be heard. (6) Subject to subsection (7), on an application under this section the court may make such order varying, renewing or discharging the serious violence reduction order as it thinks appropriate. (7) The court may renew a serious violence reduction order, or vary such an order so as to lengthen its duration, only if it considers that to do so is necessary— (a) to protect the public in England and Wales from the risk of harm involving a bladed article or offensive weapon, (b) to protect any particular members of the public in England and Wales (including the offender) from such risk, or (c) to prevent the offender from committing an offence involving a bladed article or offensive weapon. (8) On making an order under this section varying or renewing a serious violence reduction order, the court must in ordinary language explain to the offender— (a) the effects of the serious violence reduction order (as varied or renewed), and (b) the powers that a constable has in respect of the offender under section 342E while the serious violence reduction order is in effect. (9) In this section the “appropriate court” means— (a) where the Crown Court or the Court of Appeal made the serious violence reduction order, the Crown Court; (b) where a magistrates’ court made the serious violence reduction order and the application is made by the offender or the chief constable of the British Transport Police Force— (i) that magistrates’ court, or (ii) a magistrates’ court for the area in which the offender lives; (c) where a magistrates’ court made the serious violence reduction order and the application is made by a chief officer of police— (i) that magistrates’ court, (ii) a magistrates’ court for the area in which the offender lives, or (iii) a magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area. (342I) (1) An appeal against the making of a serious violence reduction order may be brought by the offender as if the order were a sentence passed on the offender for an offence. (2) Where an application is made under section 342H for an order varying, renewing or discharging a serious violence reduction order— (a) the person who made the application may appeal against a refusal to make an order under that section; (b) the offender may appeal against the making of an order under that section which was made on the application of a chief officer of police or the chief constable of the British Transport Police Force; (c) a chief officer of police within subsection (2) of that section may appeal against the making of an order under that section which was made on the application of the offender; (d) where the offence on the basis of which the serious violence reduction order was made is an offence to which this paragraph applies, the chief constable of the British Transport Police Force may appeal against the making of an order under that section which was made on the application of the offender. (3) Paragraph (d) of subsection (2) applies to an offence which— (a) was committed at, or in relation to, a place within section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 (jurisdiction of British Transport Police Force), or (b) otherwise related to a railway within the meaning given by section 67 of the Transport and Works Act 1992 or a tramway within the meaning given by that section. (4) An appeal under subsection (2)— (a) is to be made to the Court of Appeal if the application under section 342H was made to the Crown Court; (b) is to be made to the Crown Court in any other case. (5) On an appeal under subsection (2) to the Crown Court, the court may make— (a) such orders as may be necessary to give effect to its determination of the appeal, and (b) such incidental and consequential orders as appear to it to be appropriate. (342J) (1) The Secretary of State may issue guidance to— (a) constables, (b) chief officers of police, and (c) the chief constable of the British Transport Police Force, in relation to serious violence reduction orders. (2) The guidance may in particular include— (a) guidance about the exercise by constables, chief officers of police and the chief constable of the British Transport Police Force of their functions under this Chapter, (b) guidance about identifying offenders in respect of whom it may be appropriate for applications for serious violence reduction orders to be made, and (c) guidance about providing assistance to prosecutors in connection with applications for serious violence reduction orders. (3) The Secretary of State may revise any guidance issued under this section. (4) The Secretary of State must arrange for any guidance issued under this section to be published. (5) A constable, chief officer of police or the chief constable of the British Transport Police Force must have regard to any guidance issued under this section. (342K) (1) Before issuing guidance under section 342J, the Secretary of State must lay a draft of the guidance before Parliament. (2) If, within the 40-day period, either House of Parliament resolves not to approve the draft guidance, the guidance may not be issued. (3) If no such resolution is made within that period, the Secretary of State may issue the guidance. (4) In this section “the 40-day period”, in relation to draft guidance, means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House on the same day, the later of the days on which it is laid). (5) In calculating the 40-day period, no account is to be taken of any period during which— (a) Parliament is dissolved or prorogued, or (b) both Houses are adjourned for more than 4 days. (342L) In this Chapter— - “bladed article” means an article to which section 139 of the Criminal Justice Act 1988 applies; - “custodial sentence” includes a pre-Code custodial sentence (see section 222(4)); - “harm” includes physical and psychological harm; - “offensive weapon” has the same meaning as in section 1(4) of the Prevention of Crime Act 1953; - “public place” means—any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, orany other place to which people have ready access but which is not a dwelling; - “the offender”, in relation to a serious violence reduction order, means the offender in respect of whom the order or the application for the order has been made.

(da) section 342G(4) (offences relating to a serious violence reduction order);

.

(fh) to have the conduct of applications for orders under section 342A of the Sentencing Code (serious violence reduction orders);

.

Serious violence reduction orders: piloting

166

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

for a further specified period.

CHAPTER 2 — Knife crime prevention orders

Knife crime prevention order on conviction: adjournment of proceedings

167

(9A) The court may adjourn any proceedings on an application for a knife crime prevention order even after sentencing the defendant. (9B) If the defendant does not appear for any adjourned proceedings the court may— (a) further adjourn the proceedings, (b) issue a warrant for the defendant’s arrest, or (c) hear the proceedings in the defendant’s absence. (9C) The court may not act under subsection (9B)(b) unless it is satisfied that the defendant has had adequate notice of the time and place of the adjourned proceedings. (9D) The court may not act under subsection (9B)(c) unless it is satisfied that the defendant— (a) has had adequate notice of the time and place of the adjourned proceedings, and (b) has been informed that if the defendant does not appear for those proceedings the court may hear the proceedings in the defendant’s absence.

CHAPTER 3 — Management of sex offenders

Notification requirements

Locations for sexual offender notification

168

(a) attending at the police station in the person’s local police area that is for the time being specified in a document published for that local police area under this section or, if there is more than one such police station, at any one of them, and

.

(2A) The chief officer of police for each police area must publish, in such manner as the chief officer thinks fit, a document containing the name and address of each police station in that area at which a person may give a notification under section 83(1), 84(1) or 85(1). (2B) A chief officer of police must keep under review a document published by the chief officer under this section and may from time to time publish a revised version of the document in such manner as the chief officer thinks fit.

Offences outside the United Kingdom: notification requirements

169

(96ZA) (1) Where this section applies to a person (“P”), P is subject to the notification requirements of this Part for the notification period set out in section 82. This is subject to sections 96ZB (young offenders: parental notices) and 96ZC (modifications of notification requirements). (2) This section applies to P if P has been given a notice under subsection (3) and that notice has not been cancelled. (3) A constable may give a notice to P if— (a) the conditions in subsections (6), (7) and (8) are met in respect of P, and (b) an officer of at least the rank of inspector has authorised the giving of the notice to P. (4) A notice given to P under subsection (3) must be given to P in person and must contain details of— (a) the notifications that P is required to give under this Part, (b) when those notifications must be given, and (c) where those notifications may be given. (5) A notice given under subsection (3) may be cancelled by a constable giving notice in writing to P in person but such a cancellation must be authorised by an officer of at least the rank of inspector. (6) The first condition is that under the law in force in a country outside the United Kingdom— (a) P has been convicted of a relevant offence (whether or not P has been punished for it), (b) a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that P is not guilty by reason of insanity, (c) such a court has made in respect of a relevant offence a finding equivalent to a finding that P is under a disability and did the act charged against P in respect of the offence, or (d) P has been cautioned in respect of a relevant offence. (7) The second condition is that— (a) the first condition is met because of a conviction, finding or caution which occurred on or after 1 September 1997, (b) the first condition is met because of a conviction or finding which occurred before that date, but P was dealt with in respect of the offence or finding on or after that date, or has yet to be dealt with in respect of it, or (c) the first condition is met because of a conviction or finding which occurred before that date, but on that date P was, in respect of the offence or finding, subject under the law in force in the country concerned to detention, supervision or any other disposal equivalent to any of those mentioned in section 81(3) (read with sections 81(6) and 131). (8) The third condition is that the period set out in section 82 (as it would have effect as modified by section 96ZC(2) and (3) if this section applied to P) in respect of the relevant offence has not expired. (9) In this section and section 96ZC “relevant offence” means an act which— (a) constituted an offence under the law in force in the country concerned, and (b) would have constituted an offence listed in Schedule 3 (other than at paragraph 60) if it had been done in any part of the United Kingdom. (10) For the purposes of subsection (9)(a), an act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law however it is described in that law. (96ZB) (1) Where the person (“P”) given a notice under section 96ZA is under 18 a constable may also give a notice (a “parental notice”) to a person (“the parent”) with parental responsibility for P. (2) Subsections (3)(b) to (5) of section 96ZA apply to the giving of a parental notice as if references to P were references to the parent. (3) If a parental notice has been given to the parent and has not been cancelled or ceased to have effect— (a) the obligations that would (apart from this subsection) be imposed by virtue of section 96ZA on P are to be treated instead as obligations on the parent, and (b) the parent must ensure that P attends with them at the police station when a notification under this Part is being given. (4) The parental notice ceases to have effect when P reaches the age of 18. (5) If a parental notice is to be given, section 96ZA(4)(a) has effect in relation to the notice given to P as if the reference to the notifications that P is required to give under this Part were a reference to— (a) the notifications that the parent is required to give under this Part, and (b) the notifications (if any) that P is required to give under this Part once the parental notice ceases to have effect. (96ZC) (1) The application of this Part to a person (“P”) to whom section 96ZA applies in respect of a conviction, finding or caution is subject to the modifications set out in this section. (2) References to the “relevant date”— (a) in a case where P is within section 96ZA(6)(a), are to the date of the conviction, (b) in a case where P is within section 96ZA(6)(b) or (c), are to the date of the finding, and (c) in a case where P is within section 96ZA(6)(d), are to the date of the caution. (3) In section 82— (a) references, except in the Table, to a person (or relevant offender) within any provision of section 80 are to be read as references to P; (b) the reference in the Table to section 80(1)(d) is to be read as a reference to section 96ZA(6)(d); (c) references to an order of any description are to be read as references to any corresponding disposal made in relation to P in respect of an offence or finding by reference to which a notice has been given to P under section 96ZA; (d) the reference to offences listed in Schedule 3 is to be read as a reference to relevant offences (see section 96ZA(9)). (4) Section 83 has effect as if after subsection (1) there were inserted— (1A) In the case of a relevant offender who is subject to the notification requirements of this Part by virtue of a notice being given to the relevant offender under section 96ZA, the reference in subsection (1) to the period of 3 days beginning with the relevant date (or if later the commencement of this Part) is to be read as a reference to the period of 3 days beginning with the day on which the notice was given to the relevant offender. (5) Section 83(4) has effect as if— (a) for the words “Where a notification order is made” there were substituted “Where a relevant offender is subject to the notification requirements of this Part by virtue of a notice given under section 96ZA”, and (b) in paragraph (a) for the words “the order was made” there were substituted “the notice was given to the relevant offender”. (96ZD) (1) A person (“P”) may appeal to a magistrates’ court against the decision to give them a notice under section 96ZA. (2) The grounds for bringing an appeal under subsection (1) include— (a) that one or more of the conditions for the giving of the notice were not met in respect of P at the time the notice was given; (b) that the conviction, finding or caution by reason of which P was given the notice falls within subsection (3). (3) A conviction, finding or caution falls within this subsection if— (a) any investigations or proceedings leading to it were conducted in a way which contravened any of the Convention rights (within the meaning of section 1 of the Human Rights Act 1998) which P would have had if those investigations or proceedings had taken place in the United Kingdom, and (b) that contravention was such that the conviction, finding or caution cannot be safely relied on for the purposes of meeting the condition in section 96ZA(6). (4) A person (“the parent”) may appeal to a magistrates’ court against the decision to give them a parental notice under section 96ZB. (5) The grounds for bringing an appeal under subsection (4) include— (a) that one or more of the conditions for the giving of a notice under section 96ZA to the person (“P”) for whom the parent has parental responsibility were not met in respect of P at the time the notice under section 96ZA was given; (b) that the conviction, finding or caution by reason of which P was given a notice under section 96ZA falls within subsection (3); (c) that one or more of the requirements for giving the parent a parental notice under section 96ZB were not met at the time the parental notice was given. (6) On an appeal under subsection (1) or (4) a magistrates’ court may cancel or confirm the notice which is the subject of the appeal.

(c) a notice given under section 96ZA.

Notification orders: Scotland

170

(5A) A record of evidence must be kept on any application for an order under this section. (5B) The clerk of the court by which a notification order under this section is made must cause a copy of the order as so made to be— (a) given to the person named in the order, (b) sent to the person by registered post, or (c) sent to the person by the recorded delivery service, and where a copy of the order is so sent to the person, an acknowledgement or certificate of delivery issued by the Post Office is sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate.

(7A) A record of evidence must be kept on any application for an order under this section. (7B) The clerk of the court by which an interim notification order is made, varied, renewed or discharged under this section must cause a copy of, as the case may be— (a) the order as so made, varied or renewed, or (b) the interlocutor by which discharge is effected, to be given to the person named in the order or to be sent to the person in accordance with subsection (7C). (7C) A copy of the order may be sent to the person named in the order— (a) by registered post, or (b) by the recorded delivery service, and where a copy of the order is so sent to the person, an acknowledgement or certificate of delivery issued by the Post Office is sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate.

Sexual harm prevention orders and sexual risk orders

Applications by British Transport Police and Ministry of Defence Police

171

(4A) Those persons are— (a) a chief officer of police; (b) the Director General of the National Crime Agency (“the Director General”); (c) the chief constable of the British Transport Police Force; (d) the chief constable of the Ministry of Defence Police.

(7) If the Director General, the chief constable of the British Transport Police Force or the chief constable of the Ministry of Defence Police makes an application under subsection (4), that person must as soon as practicable notify the chief officer of police for a relevant police area of that application.

(7) If the Director General of the National Crime Agency, the chief constable of the British Transport Police Force or the chief constable of the Ministry of Defence Police makes an application under this section, that person must as soon as practicable notify the chief officer of police for a relevant police area of that application. (8) In subsection (7), “relevant police area” has the same meaning as in section 103A (sexual harm prevention orders: applications and grounds) (see section 103A(9)).

(1) A person mentioned in subsection (1A) (“the applicant”) may by complaint to a magistrates’ court apply for an order under this section (a “sexual risk order”) in respect of a person (“the defendant”) if it appears to the applicant that the condition in subsection (2) is met. (1A) Those persons are— (a) a chief officer of police; (b) the Director General of the National Crime Agency (“the Director General”); (c) the chief constable of the British Transport Police Force; (d) the chief constable of the Ministry of Defence Police.

(5) If the Director General, the chief constable of the British Transport Police Force or the chief constable of the Ministry of Defence Police makes an application under subsection (1), that person must as soon as practicable notify the chief officer of police for a relevant police area of that application.

(7) If the Director General of the National Crime Agency, the chief constable of the British Transport Police Force or the chief constable of the Ministry of Defence Police makes an application under this section, that person must as soon as practicable notify the chief officer of police for a relevant police area of that application. (8) In subsection (7), “relevant police area” has the same meaning as in section 122A (sexual risk orders: applications, grounds and effect) (see section 122B(3)).

List of countries

172

Requirement for courts and certain persons to have regard to the list of countries

173

(2) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at a high risk of sexual abuse or sexual exploitation) and has not been withdrawn, the court must have regard to the list in considering— (a) whether a sexual harm prevention order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the offender outside the United Kingdom, and (b) in particular, whether a prohibition on foreign travel (see section 348) is necessary for that purpose.

(3A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (2)(b) or (c) must have regard to the list in considering— (a) whether to apply for an order varying or renewing a sexual harm prevention order for the purpose of protecting children generally, or any particular children, from sexual harm from the offender outside the United Kingdom, and (b) in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose.

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(6B) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering— (a) whether an order varying or renewing the sexual harm prevention order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the offender outside the United Kingdom, and (b) in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose.

(3A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, the court must have regard to the list in considering— (a) whether a sexual harm prevention order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and (b) in particular, whether a prohibition on foreign travel (see section 103D) is necessary for that purpose.

, and

(4B) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, a person mentioned in subsection (4A) must have regard to the list in considering— (a) whether a person has since the appropriate date acted in such a way as to give reasonable cause to believe that it is necessary for a sexual harm prevention order to be made for the purpose of protecting children generally, or any particular children, from sexual harm from that person outside the United Kingdom, and (b) whether to apply for a prohibition on foreign travel (see section 103D) to be included in any such order for that purpose.

(2A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (2)(b) to (d) must have regard to the list in considering— (a) whether to apply for an order varying or renewing a sexual harm prevention order for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and (b) in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose.

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(5B) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering— (a) whether any order varying or renewing the sexual harm prevention order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and (b) in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose.

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(2A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person who has made, or is considering making, an application under section 103A(4) must have regard to the list in considering— (a) whether to apply for an interim sexual harm prevention order for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and (b) in particular, whether to apply for a prohibition on foreign travel to be included in any such order for that purpose.

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(3A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering— (a) whether to make an interim sexual harm prevention order for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and (b) in particular, whether to include in any such order a prohibition on foreign travel for that purpose.

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(6) Subsections (2A) and (3A) apply in relation to an application for the variation or renewal of an interim sexual harm prevention order as they apply in relation to an application for such an order.

(2A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (1A) must have regard to the list in considering— (a) whether as a result of the act mentioned in subsection (2) there is reasonable cause to believe that it is necessary for a sexual risk order to be made for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and (b) whether to apply for a prohibition on foreign travel (see section 122C) to be included in any such order for that purpose.

, and

(6A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering— (a) whether a sexual risk order is necessary for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and (b) in particular, whether a prohibition on foreign travel (see section 122C) is necessary for that purpose.

(2A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (2)(b) to (d) must have regard to the list in considering— (a) whether to apply for an order varying or renewing a sexual risk order for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and (b) in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose.

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(4B) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering— (a) whether any order varying or renewing the sexual risk order is necessary for the purposes of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and (b) in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose.

(2A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person who has made, or is considering making, an application for a sexual risk order must have regard to the list in considering— (a) whether to apply for an interim sexual risk order for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and (b) in particular, whether to apply for a prohibition on foreign travel to be included in any such order for that purpose.

,

(3A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering— (a) whether to make an interim sexual risk order for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and (b) in particular, whether to include a prohibition on foreign travel in any such order for that purpose.

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(6) Subsections (2A) and (3A) apply in relation to an application for the variation or renewal of an interim sexual risk order as they apply in relation to an application for such an order.

Standard of proof

174

(b) the court is satisfied on the balance of probabilities that since the appropriate date the defendant has acted in one or more of the ways alleged by the person making the application, and (c) the court is satisfied that the defendant having acted in such a way makes it necessary to make a sexual harm prevention order, for the purpose of— (i) protecting the public or any particular members of the public from sexual harm from the defendant, or (ii) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

(6) On an application under subsection (1), the court may make a sexual risk order if— (a) the court is satisfied on the balance of probabilities that the defendant has, whether before or after the commencement of this Part, done one or more of the acts of a sexual nature alleged by the person making the application, and (b) the court is satisfied that as a result of the defendant acting in such a way it is necessary to make such an order for the purpose of— (i) protecting the public or any particular members of the public from harm from the defendant, or (ii) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.

Sexual harm prevention orders: power to impose positive requirements

175

(1) In this Code a “sexual harm prevention order” means an order made under this Chapter in respect of an offender. (1A) A sexual harm prevention order may— (a) prohibit the offender from doing anything described in the order; (b) require the offender to do anything described in the order.

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(3) The prohibitions or requirements which are imposed on the offender by a sexual harm prevention order must, so far as practicable, be such as to avoid— (a) any conflict with the offender’s religious beliefs, (b) any interference with the times, if any, at which the offender normally works or attends any educational establishment, and (c) any conflict with any other court order or injunction to which the offender may be subject (but see section 349).

(347A) (1) A sexual harm prevention order that imposes a requirement to do something on an offender must specify a person who is to be responsible for supervising compliance with the requirement. The person may be an individual or an organisation. (2) Before including such a requirement in a sexual harm prevention order, the court must receive evidence about its suitability and enforceability from— (a) the individual to be specified under subsection (1), if an individual is to be specified; (b) an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified. (3) Subsections (1) and (2) do not apply in relation to electronic monitoring requirements (see instead section 348A(5) and (6)). (4) It is the duty of a person specified under subsection (1)— (a) to make any necessary arrangements in connection with the requirements for which the person has responsibility (“the relevant requirements”); (b) to promote the offender’s compliance with the relevant requirements; (c) if the person considers that— (i) the offender has complied with all the relevant requirements, or (ii) the offender has failed to comply with a relevant requirement, to inform the appropriate chief officer of police. (5) In subsection (4)(c) the “appropriate chief officer of police means— (a) the chief officer of police for the police area in which it appears to the person specified under subsection (1) that the offender lives, or (b) if it appears to that person that the offender lives in more than one police area, whichever of the chief officers of police of those areas the person thinks it is most appropriate to inform. (6) An offender subject to a requirement imposed by a sexual harm prevention order must— (a) keep in touch with the person specified under subsection (1) in relation to that requirement, in accordance with any instructions given by that person from time to time, and (b) notify that person of any change of the offender’s home address. These obligations have effect as requirements of the order. (7) In this section “home address”, in relation to an offender, means— (a) the address of the offender’s sole or main residence in the United Kingdom, or (b) where the offender has no such residence, the address or location of a place in the United Kingdom where the offender can regularly be found and, if there is more than one such place, such one of those places as the offender may select.

(6A) Any additional prohibitions or requirements that are imposed on the offender must, so far as practicable, be such as to avoid— (a) any conflict with the offender’s religious beliefs, (b) any interference with the times, if any, at which the offender normally works or attends any educational establishment, and (c) any conflict with any other court order or injunction to which the offender may be subject.

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(1) A person commits an offence if, without reasonable excuse, the person— (a) does anything that the person is prohibited from doing by a sexual harm prevention order, or (b) fails to do something that the person is required to do by a sexual harm prevention order.

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(1) A sexual harm prevention order may— (a) prohibit the defendant from doing anything described in the order; (b) require the defendant to do anything described in the order.

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(4A) The prohibitions or requirements which are imposed on the defendant by a sexual harm prevention order must, so far as practicable, be such as to avoid— (a) any conflict with the defendant’s religious beliefs, (b) any interference with the times, if any, at which the defendant normally works or attends any educational establishment, and (c) any conflict with any other court order or injunction to which the defendant may be subject (but see subsection (6)).

(103CA) (1) A sexual harm prevention order that imposes a requirement to do something on a defendant must specify a person who is to be responsible for supervising compliance with the requirement. The person may be an individual or an organisation. (2) Before including such a requirement in a sexual harm prevention order, the court must receive evidence about its suitability and enforceability from— (a) the individual to be specified under subsection (1), if an individual is to be specified; (b) an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified. (3) Subsections (1) and (2) do not apply in relation to electronic monitoring requirements (see instead section 103FA(5) and (6)). (4) It is the duty of a person specified under subsection (1)— (a) to make any necessary arrangements in connection with the requirements for which the person has responsibility (“the relevant requirements”); (b) to promote the defendant’s compliance with the relevant requirements; (c) if the person considers that— (i) the defendant has complied with all the relevant requirements, or (ii) the defendant has failed to comply with a relevant requirement, to inform the appropriate chief officer of police. (5) In subsection (4)(c) the “appropriate chief officer of police means— (a) the chief officer of police for the police area in which it appears to the person specified under subsection (1) that the defendant resides, or (b) if it appears to that person that the defendant resides in more than one police area, whichever of the chief officers of police of those areas the person thinks it is most appropriate to inform. (6) A defendant subject to a requirement imposed by a sexual harm prevention order must— (a) keep in touch with the person specified under subsection (1) in relation to that requirement, in accordance with any instructions given by that person from time to time, and (b) notify that person of any change of the defendant’s home address. These obligations have effect as requirements of the order.

(5A) Any additional prohibitions or requirements that are imposed on the defendant must, so far as practicable, be such as to avoid— (a) any conflict with the defendant’s religious beliefs, (b) any interference with the times, if any, at which the defendant normally works or attends any educational establishment, and (c) any conflict with any other court order or injunction to which the defendant may be subject.

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(A1) A person who, without reasonable excuse— (a) does anything that the person is prohibited from doing by a sexual harm prevention order or an interim sexual harm prevention order, or (b) fails to do something that the person is required to do by a sexual harm prevention order or an interim sexual harm prevention order, commits an offence.

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Sexual risk orders: power to impose positive requirements

176

(7) A sexual risk order may— (a) prohibit the defendant from doing anything described in the order; (b) require the defendant to do anything described in the order.

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— (a) has effect for a fixed period (not less than 2 years) specified in the order or until further order, and (b) may specify different periods for different prohibitions or requirements.

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(9A) The prohibitions or requirements which are imposed on the defendant by a sexual risk order must, so far as practicable, be such as to avoid— (a) any conflict with the defendant’s religious beliefs, (b) any interference with the times, if any, at which the defendant normally works or attends any educational establishment, and (c) any conflict with any other court order or injunction to which the defendant may be subject (but see subsection (10)).

(122BA) (1) A sexual risk order that imposes a requirement to do something on a defendant must specify a person who is to be responsible for supervising compliance with the requirement. The person may be an individual or an organisation. (2) Before including such a requirement in a sexual risk order, the court must receive evidence about its suitability and enforceability from— (a) the individual to be specified under subsection (1), if an individual is to be specified; (b) an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified. (3) Subsections (1) and (2) do not apply in relation to electronic monitoring requirements (see instead section 122EA(5) and (6)). (4) It is the duty of a person specified under subsection (1)— (a) to make any necessary arrangements in connection with the requirements for which the person has responsibility (“the relevant requirements”); (b) to promote the defendant’s compliance with the relevant requirements; (c) if the person considers that— (i) the defendant has complied with all the relevant requirements, or (ii) the defendant has failed to comply with a relevant requirement, to inform the appropriate chief officer of police. (5) In subsection (4)(c) the “appropriate chief officer of police means— (a) the chief officer of police for the police area in which it appears to the person specified under subsection (1) that the defendant resides, or (b) if it appears to that person that the defendant resides in more than one police area, whichever of the chief officers of police of those areas the person thinks it is most appropriate to inform. (6) A defendant subject to a requirement imposed by a sexual risk order must— (a) keep in touch with the person specified under subsection (1) in relation to that requirement, in accordance with any instructions given by that person from time to time, and (b) notify that person of any change of the defendant’s home address. These obligations have effect as requirements of the order.

(4A) Any additional prohibitions or requirements that are imposed on the defendant must, so far as practicable, be such as to avoid— (a) any conflict with the defendant’s religious beliefs, (b) any interference with the times, if any, at which the defendant normally works or attends any educational establishment, and (c) any conflict with any other court order or injunction to which the defendant may be subject.

(A1) A person who, without reasonable excuse— (a) does anything that the person is prohibited from doing by a sexual risk order or an interim sexual risk order, or (b) fails to do something that the person is required to do by a sexual risk order or an interim sexual risk order, commits an offence.

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Positive requirements: further amendments

177

(1ZA) A person commits an offence if, without reasonable excuse, the person— (a) contravenes a prohibition imposed by— (i) a sexual harm prevention order, (ii) an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention order on conviction), or (iii) an interim sexual harm prevention order, other than a prohibition on foreign travel, or (b) fails to comply with a requirement imposed by— (i) a sexual harm prevention order, (ii) an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention order on conviction), or (iii) an interim sexual harm prevention order.

(1A) A person who, without reasonable excuse— (a) does anything that the person is prohibited from doing by a sexual risk order or an interim sexual risk order, or (b) fails to do something that the person is required to do by a sexual risk order or an interim sexual risk order, commits an offence.

(1A) A person commits an offence if, without reasonable excuse, the person fails to do something which the person is required to do by an equivalent order from elsewhere in the United Kingdom.

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Electronic monitoring requirements

178

(4) A sexual harm prevention order may require the offender to submit to electronic monitoring of the offender’s compliance with the prohibitions and requirements imposed by the order (see section 348A for further provision about such a requirement).

(348A) (1) Subsections (2) and (3) apply for the purpose of determining whether a court may impose, under section 343(4), an electronic monitoring requirement on the offender in a sexual harm prevention order. (2) If there is a person (other than the offender) without whose co-operation it would be impracticable to secure the monitoring in question, the requirement may not be imposed without that person’s consent. (3) The court may impose the requirement only if— (a) it has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area, and (b) it is satisfied that the necessary provision can be made under the arrangements currently available. (4) In subsection (3)(a) “the relevant area” means— (a) the local justice area in which it appears to the court that the offender resides or will reside, and (b) in a case where it is proposed to include in the order— (i) a requirement that the offender must remain, for specified periods, at a specified place, or (ii) a provision prohibiting the offender from entering a specified place or area, the local justice area in which the place or area proposed to be specified is situated. “Specified” means specified in the sexual harm prevention order under which the electronic monitoring requirement is imposed. (5) A sexual harm prevention order that includes an electronic monitoring requirement must specify the person who is to be responsible for the monitoring. (6) The person specified under subsection (5) (“the responsible person”) must be of a description specified in regulations made by the Secretary of State. (7) Where a sexual harm prevention order imposes an electronic monitoring requirement on the offender, the offender must (among other things)— (a) submit, as required from time to time by the responsible person, to— (i) being fitted with, or the installation of, any necessary apparatus, and (ii) the inspection or repair of any apparatus fitted or installed for the purposes of the monitoring, (b) not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and (c) take any steps required by the responsible person for the purpose of keeping in working order any apparatus fitted or installed for the purpose of the monitoring. These obligations have effect as requirements of the sexual harm prevention order under which the electronic monitoring requirement is imposed. (8) A sexual harm prevention order may not provide for an electronic monitoring requirement to have effect for more than 12 months. (9) Subsection (8) does not prevent an electronic monitoring requirement from being extended for a further period (of no more than 12 months each time) under section 350. (348B) (1) The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of offenders under electronic monitoring requirements imposed by sexual harm prevention orders. (2) A failure to observe a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.

(6C) Section 348A (electronic monitoring requirements) applies in relation to— (a) the variation of an order to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order, or (b) the renewal of an order to continue such a requirement, as it applies in relation to the making of a sexual harm prevention order, subject to subsection (6D). (6D) In its application to the variation or renewal of an order, section 348A(4)(b) has effect as if— (a) the reference to a case where it is proposed to include in the order a requirement or provision mentioned in sub-paragraph (i) or (ii) included a case where the order already includes such a requirement or provision, and (b) the reference to the local justice area in which the place or area proposed to be specified is situated included the local justice area in which the place or area already specified is situated.

(4B) A sexual harm prevention order may require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order (see section 103FA for further provision about such a requirement).

(5C) Section 103FA (electronic monitoring requirements) applies in relation to— (a) the variation of an order to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order, or (b) the renewal of an order to continue such a requirement, as it applies in relation to the making of a sexual harm prevention order, subject to subsection (5D). (5D) In its application to the variation or renewal of an order, section 103FA(4)(b) has effect as if— (a) the reference to a case where it is proposed to include in the order a requirement or provision mentioned in sub-paragraph (i) or (ii) included a case where the order already includes such a requirement or provision, and (b) the reference to the local justice area in which the place or area proposed to be specified is situated included the local justice area in which the place or area already specified is situated.

(3B) An interim sexual harm prevention order may require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order (see section 103FA for further provision about such a requirement).

, and

(103FA) (1) Subsections (2) and (3) apply for the purpose of determining whether a court may impose, under section 103C(4B) or section 103F(3B), an electronic monitoring requirement on the defendant in a sexual harm prevention order or interim sexual harm prevention order. (2) If there is a person (other than the defendant) without whose co-operation it would be impracticable to secure the monitoring in question, the requirement may not be imposed without that person’s consent. (3) The court may impose the requirement only if— (a) it has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area, and (b) it is satisfied that the necessary provision can be made under the arrangements currently available. (4) In subsection (3)(a) “the relevant area” means— (a) the local justice area in which it appears to the court that the defendant resides or will reside, and (b) in a case where it is proposed to include in the order— (i) a requirement that the defendant must remain, for specified periods, at a specified place, or (ii) a provision prohibiting the defendant from entering a specified place or area, the local justice area in which the place or area proposed to be specified is situated. “Specified” means specified in the sexual harm prevention order or interim sexual harm prevention order under which the electronic monitoring requirement is imposed. (5) A sexual harm prevention order or interim sexual harm prevention order that includes an electronic monitoring requirement must specify the person who is to be responsible for the monitoring. (6) The person specified under subsection (5) (“the responsible person”) must be of a description specified in regulations made by the Secretary of State. (7) Where a sexual harm prevention order or interim sexual harm prevention order imposes an electronic monitoring requirement on the defendant, the defendant must (among other things)— (a) submit, as required from time to time by the responsible person, to— (i) being fitted with, or the installation of, any necessary apparatus, and (ii) the inspection or repair of any apparatus fitted or installed for the purposes of the monitoring, (b) not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and (c) take any steps required by the responsible person for the purpose of keeping in working order any apparatus fitted or installed for the purpose of the monitoring. These obligations have effect as requirements of the sexual harm prevention order or interim sexual harm prevention order under which the electronic monitoring requirement is imposed. (8) A sexual harm prevention order or an interim sexual harm prevention order may not provide for an electronic monitoring requirement to have effect for more than 12 months. (9) Subsection (8) does not prevent an electronic monitoring requirement from being extended for a further period (of no more than 12 months each time) under section 103E. (103FB) (1) The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of defendants under electronic monitoring requirements imposed by— (a) sexual harm prevention orders, (b) relevant Scottish orders within the meaning of section 136ZG that have been renewed or varied as mentioned in subsection (11) of that section (variation etc by court in England and Wales to impose electronic monitoring requirement), and (c) sexual offences prevention orders that have been renewed or varied as mentioned in section 136ZH(10) (variation etc by court in England and Wales to impose electronic monitoring requirement). (2) A failure to observe a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.

(8A) Subsection (8) is subject to section 122C(1) (duration of prohibitions on foreign travel) and section 122EA(8) (duration of electronic monitoring requirements).

, and

(9B) A sexual risk order may require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order (see section 122EA for further provision about such a requirement).

(4C) Section 122EA (electronic monitoring requirements) applies in relation to— (a) the variation of an order to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order, or (b) the renewal of an order to continue such a requirement, as it applies in relation to the making of a sexual risk order, subject to subsection (4D). (4D) In its application to the variation or renewal of an order, section 122EA(4)(b) has effect as if— (a) the reference to a case where it is proposed to include in the order a requirement or provision mentioned in sub-paragraph (i) or (ii) included a case where the order already includes such a requirement or provision, and (b) the reference to the local justice area in which the place or area proposed to be specified is situated included the local justice area in which the place or area already specified is situated.

(3B) An interim sexual risk order may require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order (see section 122EA for further provision about such a requirement).

, and

(122EA) (1) Subsections (2) and (3) apply for the purpose of determining whether a court may impose, under section 122A(9B) or section 122E(3B), an electronic monitoring requirement on the defendant in a sexual risk order or interim sexual risk order. (2) If there is a person (other than the defendant) without whose co-operation it would be impracticable to secure the monitoring in question, the requirement may not be imposed without that person’s consent. (3) The court may impose the requirement only if— (a) it has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area, and (b) it is satisfied that the necessary provision can be made under the arrangements currently available. (4) In subsection (3)(a) “the relevant area” means— (a) the local justice area in which it appears to the court that the defendant resides or will reside, and (b) in a case where it is proposed to include in the order— (i) a requirement that the defendant must remain, for specified periods, at a specified place, or (ii) a provision prohibiting the defendant from entering a specified place or area, the local justice area in which the place or area proposed to be specified is situated. “Specified” means specified in the sexual risk order or interim sexual risk order under which the electronic monitoring requirement is imposed. (5) A sexual risk order or interim sexual risk order that includes an electronic monitoring requirement must specify the person who is to be responsible for the monitoring. (6) The person specified under subsection (5) (“the responsible person”) must be of a description specified in regulations made by the Secretary of State. (7) Where a sexual risk order or interim sexual risk order imposes an electronic monitoring requirement on the defendant, the defendant must (among other things)— (a) submit, as required from time to time by the responsible person, to— (i) being fitted with, or the installation of, any necessary apparatus, and (ii) the inspection or repair of any apparatus fitted or installed for the purposes of the monitoring, (b) not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and (c) take any steps required by the responsible person for the purpose of keeping in working order any apparatus fitted or installed for the purpose of the monitoring. These obligations have effect as requirements of the sexual risk order or interim sexual risk order under which the electronic monitoring requirement is imposed. (8) A sexual risk order or an interim sexual risk order may not provide for an electronic monitoring requirement to have effect for more than 12 months. (9) Subsection (8) does not prevent an electronic monitoring requirement from being extended for a further period (of no more than 12 months each time) under section 122D. (122EB) (1) The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of defendants under electronic monitoring requirements imposed by— (a) sexual risk orders, (b) relevant Scottish orders within the meaning of section 136ZI that have been renewed or varied as mentioned in subsection (11) of that section (variation etc by court in England and Wales to impose electronic monitoring requirement), and (c) risk of sexual harm orders that have been renewed or varied as mentioned in section 136ZJ(7) (variation etc by court in England and Wales to impose electronic monitoring requirement). (2) A failure to observe a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.

(3) A requirement that is imposed by a relevant order and that relates to the electronic monitoring of a person’s compliance with the prohibitions or requirements imposed by the order is to be treated for the purposes of subsection (2) as a requirement that is expressly confined to a particular locality.

Positive requirements and electronic monitoring requirements: service courts

179

In section 137(3) of the Sexual Offences Act 2003 (service courts: sexual harm prevention orders)—

(ba) if section 103CA applies to the defendant at a time when the defendant is a person subject to service law or a civilian subject to service discipline, the reference in section 103CA(4)(c) (requirements included in order: report on compliance) to the appropriate chief officer of police is to be read as a reference to a Provost Marshal; (bb) if section 347A applies to the defendant at a time when the defendant is a person subject to service law or a civilian subject to service discipline, the reference in section 347A(4)(c) of the Sentencing Code (requirements included in order: report on compliance) to the appropriate chief office of police is to be read as a reference to a Provost Marshal;

,

(ia) the reference in section 103E(2A) to a person mentioned in subsection (2)(b) to (d) is to be read as a reference to a Provost Marshal; (ib) the reference in section 350(3A) of the Sentencing Code to a person mentioned in subsection (2)(b) or (c) is to be read as a reference to a Provost Marshal;

.

Orders made in different parts of the United Kingdom

Enforcement of requirements of orders made in Scotland or Northern Ireland

180

(1A) A person who, without reasonable excuse, fails to do something that the person is required to do by a sexual offences prevention order or an interim sexual offences prevention order commits an offence. (1B) A person who, without reasonable excuse— (a) does anything that the person is prohibited from doing by a relevant Scottish order, or (b) fails to do something that the person is required to do by a relevant Scottish order, commits an offence. (1C) In subsection (1B) “relevant Scottish order” means— (a) a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), or (b) an interim sexual harm prevention order made under section 21 of that Act.

(1ZB) A person commits an offence if, without reasonable excuse, the person— (a) contravenes a prohibition imposed by a relevant Scottish order other than a prohibition on foreign travel, or (b) fails to comply with a requirement imposed by a relevant Scottish order. (1ZC) In subsection (1ZB)— - “prohibition on foreign travel” has the meaning given by section 17(2) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22); - “relevant Scottish order” means—a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, oran interim sexual harm prevention order made under section 21 of that Act.

, or (c) he contravenes a prohibition on foreign travel imposed by a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22).

(1A) A person who, without reasonable excuse, does anything that the person is required to do by a risk of sexual harm order that has been renewed or varied as mentioned in section 136ZJ(7) commits an offence. (1B) A person who, without reasonable excuse— (a) does anything that the person is prohibited from doing by a relevant Scottish order, or (b) fails to do something that the person is required to do by a relevant Scottish order, commits an offence. (1C) In subsection (1B) “relevant Scottish order” means— (a) a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), or (b) an interim sexual risk order made under section 31 of that Act.

(1B) A person who, without reasonable excuse— (a) does anything that the person is prohibited from doing by a relevant Scottish order, or (b) fails to do something that the person is required to do by a relevant Scottish order, commits an offence. (1C) In subsection (1B) “relevant Scottish order” means— (a) a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), or (b) an interim sexual risk order made under section 31 of that Act.

(ia) a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22); (ib) an interim sexual harm prevention order made under section 21 of that Act; (ic) a sexual risk order made under section 27 of that Act; (id) an interim sexual risk order made under section 31 of that Act.

, and

Effect of conviction for breach of Scottish order etc

181

(2A) This section also applies to a person (“the defendant”) who— (a) is convicted of an offence mentioned in subsection (2B), (b) is acquitted of such an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995, or (c) is found, in respect of such an offence, to be unfit for trial under section 53F of that Act in a case where the court determines that the defendant has done the act constituting the offence. (2B) Those offences are— (a) an offence under section 34 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) (breach of sexual risk order or interim sexual risk order in Scotland); (b) an offence under section 37 of that Act (breach of equivalent orders) in respect of a breach of an order made under section 122A, 122E, 123 or 126 of this Act.

,

(6A) In subsection (6) “sexual risk order” and “interim sexual risk order” include orders under sections 27 and 31 (respectively) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

, and

(1B) This section also applies to a person (“the defendant”) who— (a) is convicted of an offence mentioned in subsection (1C), (b) is acquitted of such an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995, or (c) is found, in respect of such an offence, to be unfit for trial under section 53F of that Act in a case where the court determines that the defendant has done the act constituting the offence. (1C) Those offences are— (a) an offence under section 34 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) (breach of sexual risk order or interim sexual risk order in Scotland); (b) an offence under section 37 of that Act (breach of equivalent orders) in respect of a breach of an order made under section 122A, 122E, 123 or 126 of this Act.

,

(5A) In subsection (5) “sexual risk order” and “interim sexual risk order” include orders under sections 27 and 31 (respectively) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

, and

Orders superseding, or superseded by, Scottish orders

182

, or (c) a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22),

.

sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22).

, and

sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 not containing a prohibition on foreign travel;in the case of a sexual harm prevention order made under section 11 or 12 of that Act containing a prohibition on foreign travel, each of its other prohibitions.

,

prohibition on foreign travel contained in a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

, and

sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 not containing a prohibition on foreign travel;in the case of a sexual risk order made under section 27 of that Act containing a prohibition on foreign travel, each of its other prohibitions.

(2ZA) Where a court in Scotland makes an order listed in the first column of the following Table in relation to a person who is already subject to an order or prohibition listed opposite it in the second column, the earlier order or prohibition ceases to have effect (even though it was made or imposed by a court in England and Wales or Northern Ireland) unless the court orders otherwise.

New order Earlier order or prohibition
Sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 sexual harm prevention order;sexual offences prevention order;foreign travel order.
Sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 sexual risk order;risk of sexual harm order;foreign travel order.

Variation etc of order by court in another part of the United Kingdom

183

CHAPTER 4 — Management of terrorist offenders

Terrorist offenders released on licence: arrest without warrant pending recall decision

184

(43B) (1) Subject to subsection (2), a constable may arrest without warrant a terrorist offender who has been released on licence if the constable— (a) has reasonable grounds for suspecting that the offender has breached a condition of their licence, and (b) reasonably considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, to detain the offender until a recall decision is made. (2) A terrorist offender who is detained under this section must (unless recalled or otherwise detained under any other power) be released— (a) if a recall decision is made not to revoke the offender’s licence (and accordingly the offender is not recalled to prison), as soon as practicable after that decision is made, or (b) if a recall decision has not been made by the end of the relevant period, at the end of that period. (3) Part 1 of Schedule 8 makes provision that applies where a terrorist offender is arrested under this section. (4) In this section “terrorist offender” means— (a) an offender to whom a restricted release provision applies or would apply but for the fact that the offender has been released on licence; (b) a life prisoner within the meaning of Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (see section 34 of that Act) who is serving a sentence for an offence within section 247A(2) of the Criminal Justice Act 2003; (c) a life prisoner within the meaning of Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (see section 27 of that Act) who is serving a sentence, or is subject to an order for lifelong restriction, for an offence within section 1AB(2) of that Act; (d) a life prisoner within the meaning of the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (see Article 2 of that Order) who is serving a sentence for an offence within Article 20A(2) of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)). (5) For the purposes of this section— (a) a reference to an offender who has been released on licence includes an offender who — (i) has been released temporarily pursuant to rules made under section 47(5) of the Prison Act 1952 or section 13(1)(c) of the Prison Act (Northern Ireland) 1953 (c. 18 (N.I.)), or (ii) has been released temporarily on licence pursuant to rules made under section 39(6) of the Prisons (Scotland) Act 1989; (b) a reference to a condition of an offender’s licence includes a condition to which an offender’s temporary release is subject; (c) a reference to revocation of an offender’s licence includes recall of an offender from temporary release. (6) In this section— - “prison” includes any place where a person is liable to be detained; - “recall decision”, in relation to a terrorist offender who has been released on licence, means a decision by any person with the power to revoke the offender’s licence and recall the offender to prison whether or not to exercise that power; - the “relevant period” means—in relation to a terrorist offender who has been released on licence under the law of England and Wales, the period of 6 hours beginning with the time of the arrest under this section;in relation to a terrorist offender who has been released on licence under the law of Scotland or Northern Ireland, the period of 12 hours beginning with the time of the arrest under this section; - “restricted release provision” means—section 247A of the Criminal Justice Act 2003;section 1AB of the Prisoners and Criminal Proceedings (Scotland) Act 1993;Article 20A of the Criminal Justice (Northern Ireland) Order 2008. (7) A person who has the powers of a constable in one part of the United Kingdom may exercise the power under subsection (1) in any part of the United Kingdom.

(A1) This paragraph applies in the case of a person detained under Schedule 7 or section 41.

;

(1A) In the case of a person detained under Schedule 7 or section 41, sub-paragraph (1) is subject to paragraph 8.

;

(1A) Sub-paragraph (1) is subject— (a) in the case of a person detained under Schedule 7 or section 41, to paragraphs 8 and 9, and (b) in the case of a person detained under section 43B, to paragraph 9.

;

(A1) This paragraph does not apply in the case of a person detained under section 43B (except for the purposes of paragraph 9(3)(a)).

;

(13A) No fingerprint, intimate sample or non-intimate sample may be taken from a person detained under section 43B.

;

Power to search terrorist offenders released on licence

185

After section 43B of the Terrorism Act 2000 insert—

(43C) (1) A constable may stop and search a terrorist offender who is within subsection (2) if the constable is satisfied that it is necessary to do so for purposes connected with protecting members of the public from a risk of terrorism. (2) A terrorist offender is within this subsection if— (a) the offender has been released on licence (and not recalled), and (b) the offender’s licence includes a search condition. (3) The power in subsection (1) may be exercised in any place to which the constable lawfully has access (whether or not it is a place to which the public has access). (4) Subsection (5) applies if a constable, in exercising the power in subsection (1) to stop a terrorist offender, stops a vehicle (see section 116(2)). (5) The constable may search the vehicle and anything in or on it for purposes connected with protecting members of the public from a risk of terrorism. (6) Nothing in subsection (5) confers a power to search any person, but the power to search in that subsection is in addition to the power in subsection (1) to search a terrorist offender. (7) The power in subsection (1) to search a terrorist offender includes power to search anything carried by the offender. (8) Subsection (5) of section 43B applies for the purposes of this section as it applies for the purposes of that section. (9) In this section— - “search condition” means a condition requiring the offender to submit to a search of their person under this section; - “terrorist offender” has the same meaning as in section 43B. (10) A person who has the powers of a constable in one part of the United Kingdom may exercise a power under this section in any part of the United Kingdom.

Search of premises of offender released on licence for purposes connected with protection from risk of terrorism

186

After section 43C of the Terrorism Act 2000 insert—

(43D) (1) A justice may issue a warrant under this section if, on the application of a senior police officer of the relevant force, the justice is satisfied that the requirements in subsection (2) are met. (2) The requirements are— (a) that the person specified in the application is a relevant offender who has been released on licence (and not recalled), (b) that there are reasonable grounds for believing that the person resides, or may regularly be found, at premises (whether residential or otherwise) specified in the application, (c) that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, for a constable to enter and search premises specified in the application, and (d) the occupier of the premises is unlikely to consent to a constable entering or searching the premises specified in the application. (3) A warrant under this section must specify each set of premises to which it relates (which are to be premises in relation to which the requirements in subsection (2)(b) to (d) are met). (4) A warrant under this section is a warrant that authorises a constable of the relevant force, for the purposes referred to in subsection (2)(c)— (a) to enter the premises to which it relates, and (b) to search the premises or, if the premises are multiple occupancy premises, the relevant parts of the premises. (5) A warrant under this section may— (a) authorise the constable executing it to use reasonable force if necessary to enter and search the premises; (b) authorise entry to, and search of, the premises on more than one occasion (whether on a certain number of occasions or without limit), so far as the justice who issues the warrant is satisfied that such authorisation is necessary for the purposes referred to in subsection (2)(c). (6) For the purposes of subsection (4)— (a) “multiple occupancy premises” are premises at which two or more individuals who are not members of the same household reside; (b) the reference to the “relevant parts” of multiple occupancy premises is to those parts of the premises to which the constable has reasonable grounds for believing that the person to whom the warrant relates has access. (7) Subsection (5) of section 43B applies for the purposes of this section as it applies for the purposes of that section. (8) In this section “relevant offender” means— (a) a prisoner to whom Chapter 6 of Part 12 of the Criminal Justice Act 2003 applies (release of fixed-term prisoners); (b) a life prisoner within the meaning of Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (see section 34 of that Act); (c) a short-term prisoner, long-term prisoner or life prisoner within the meaning of Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (see section 27 of that Act); (d) a fixed-term prisoner within the meaning of Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (see Article 16 of that Order); (e) a life prisoner within the meaning of the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (see Article 2 of that Order). (9) In this section— - “justice” means—a justice of the peace in England and Wales,a sheriff or summary sheriff in Scotland, ora lay magistrate in Northern Ireland; - “relevant force” means—if the premises specified in the application for the warrant are in England or Wales, the police force maintained for the police area in which those premises are situated,if those premises are in Scotland, the Police Service of Scotland, orif those premises are in Northern Ireland, the Police Service of Northern Ireland; - “senior police officer” means a constable of the rank of superintendent or above.

Powers of seizure and retention

187

After section 43D of the Terrorism Act 2000 insert—

(43E) (1) This section applies where a constable carries out— (a) a search of a terrorist offender under section 43C(1), (b) a search of a vehicle, or anything in or on a vehicle, under section 43C(5), or (c) a search of premises further to a warrant issued under section 43D. (2) A constable may seize anything that the constable finds in the course of the search if— (a) the constable reasonably suspects that— (i) the thing is or contains evidence in relation to an offence, and (ii) it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed, or (b) the constable reasonably believes that it is necessary to do so for the purpose of ascertaining— (i) whether the offender has breached a condition of the offender’s licence, and (ii) if so, whether the breach affects the risk of terrorism to which members of the public are exposed. (3) Anything seized under subsection (2) may be— (a) subjected to tests; (b) retained for as long as is necessary in all the circumstances (but see subsection (5)). (4) In particular (and regardless of the ground on which the thing was seized)— (a) if a constable has reasonable grounds for believing that the thing is or contains evidence in relation to an offence, it may be retained— (i) for use as evidence at a trial for an offence, or (ii) for forensic examination or for investigation in connection with an offence; (b) if a constable has reasonable grounds for believing that the thing has been obtained in consequence of the commission of an offence, it may be retained in order to establish its lawful owner. (5) Anything seized under subsection (2)(b) that is not retained as mentioned in subsection (4)(a) or (b) may be retained for a maximum period of 7 days beginning with the day after the day on which the thing is seized. (6) Nothing may be retained for either of the purposes mentioned in subsection (4)(a) if a photograph or copy would be sufficient for that purpose. (7) In this section “offender” means— (a) in relation to a search under section 43C, the terrorist offender to whom the search relates; (b) in relation to a search under section 43D, the relevant offender in relation to whom the warrant authorising the search was issued. (8) Nothing in this section affects any power of a court to make an order under section 1 of the Police (Property) Act 1897.

Sections 184 to 187: consequential provision

188

Schedule 19 makes provision that is consequential on sections 184 to 187.

Arrangements for assessing etc risks posed by certain offenders

189

(aa) relevant terrorist offenders,

, and (c) other persons who have committed offences (wherever committed) and are considered by the responsible authority to be persons who may be at risk of involvement in terrorism-related activity.

(4) A person to whom subsection (4A) applies may, for the purpose described in subsection (2), disclose information to another person to whom subsection (4A) applies. (4A) This subsection applies to— (a) the responsible authority, (b) a person specified in subsection (6), and (c) a person who the responsible authority considers may contribute to the achievement of the purpose described in subsection (2). (4B) A disclosure under subsection (4) 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). (4C) But subsection (4) does not authorise a disclosure of information that— (a) would contravene the data protection legislation (but in determining whether it would do so, the power in that subsection is to be taken into account), or (b) would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016. (4D) Subsection (4E) applies if a person who may disclose or receive information by virtue of subsection (4) would not otherwise be a competent authority for the purposes of Part 3 of the Data Protection Act 2018 (law enforcement processing) in relation to the processing by that person of personal data by virtue of that subsection. (4E) The person is to be treated as a competent authority for the purposes of that Part in relation to the processing by that person of personal data by virtue of subsection (4). (4F) But subsection (4E) does not apply to an intelligence service within the meaning of Part 4 of the Data Protection Act 2018 (see section 82(2) of that Act). (4G) Subsections (4) to (4F) do not affect any power to disclose information apart from that conferred by subsection (4).

  • “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

;

  • “involvement in terrorism-related activity” has the same meaning as in the Terrorism Prevention and Investigation Measures Act 2011 (see section 4 of that Act);

;

  • “personal data” has the same meaning as in the Data Protection Act 2018 (see section 3(2) of that Act);

;

  • “processing” has the same meaning as in the Data Protection Act 2018 (see section 3(4) of that Act);

.

(va) a sentence of custody for life under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 or under section 272 or 275 of the Sentencing Code,

.

(4B) For the purposes of section 325, a person is a relevant terrorist offender if the person falls within one or both of subsections (4C) and (4D). (4C) A person falls within this subsection if the person is subject to the notification requirements of Part 4 of the Counter-Terrorism Act 2008. (4D) A person falls within this subsection if the person has been convicted of and sentenced for a relevant terrorist offence, or otherwise dealt within in relation to such an offence, as described in— (a) paragraph (a) or (b) of section 45(1) of the Counter-Terrorism Act 2008, (b) paragraph (a) or (b) of section 45(2) of that Act, (c) paragraph (a) or (b) of section 45(3) of that Act, or (d) paragraph (a) or (b) of paragraph 5(1) of Schedule 6 to that Act. (4E) For the purposes of subsection (4D)— (a) any reference in the Counter-Terrorism Act 2008 to an offence to which Part 4 of that Act applies is to be read as if it were a reference to a relevant terrorist offence, and (b) any reference in that Act to a hospital order is to be read as if it included a guardianship order within the meaning of the Mental Health Act 1983 or the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)). (4F) In subsections (4D) and (4E) “relevant terrorist offence” means— (a) an offence specified in Part 1 or 2 of Schedule 19ZA (terrorism offences punishable with imprisonment for life or for more than two years), (b) a service offence as respects which the corresponding civil offence is so specified, or (c) an offence which was determined to have a terrorist connection (see subsection (4G)); and in paragraph (b) “service offence” and “corresponding civil offence” have the same meanings as in the Counter-Terrorism Act 2008 (see section 95 of that Act). (4G) For the purposes of subsection (4F)(c), an offence was determined to have a terrorist connection if it was— (a) determined to have a terrorist connection under— (i) section 69 of the Sentencing Code (including as applied by section 238(6) of the Armed Forces Act 2006), (ii) section 30 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in England and Wales before the Sentencing Code applied, or an offender sentenced in Northern Ireland but now capable of posing a risk in an area in England and Wales), or (iii) section 32 of that Act (in the case of a person sentenced for a service offence before the Sentencing Code applied), or (b) proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Scotland but now capable of posing a risk in an area in England and Wales).

CHAPTER 5 — Football banning orders

Football banning orders: relevant offences

190

(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.

(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.

(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.

— (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.

— (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.

Football banning orders: power to amend list of relevant offences

191

(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.

(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

(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.

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

(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.

PART 11 — Rehabilitation of offenders

Rehabilitation of offenders

193

(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

(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.

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

;

(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.

(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.

(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).

  1. a community or youth rehabilitation order,

, and

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

.

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

(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.

(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.

— (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.

(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.

— (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

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

,

, 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

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

,

(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

Pardons for certain convictions or cautions

195

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

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

(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

.

(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.

  • “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.

(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.

PART 13 — Procedures in courts and tribunals

Juries

British Sign Language interpreters for deaf jurors

196

(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).

(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.

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)—

Transmission and recording of court and tribunal proceedings

Remote observation and recording of court and tribunal proceedings

198

(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.

(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).

;

(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).

(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).

(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

(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.

Repeal of temporary provision

201

Expedited procedure for initial regulations about remote observation of proceedings

202

PART 14 — Final provisions

Financial provision

203

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

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

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

Commencement

208

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) 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).

(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).

3

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

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

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

(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)).

(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)).

(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

(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

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

(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
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

(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.

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

(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

(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.

(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—

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

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

23

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

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

, and

PART 4 — Limits on period of bail without charge

24

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

25

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

26

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

,

27

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

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

, and

28

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

29

After section 47ZD insert—

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

30

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

31

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

, and

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

.

32

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

33

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

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

34

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

35

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

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

36

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

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

PART 6 — Guidance on pre-charge bail

37

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

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

SCHEDULE 5

1

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

2

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

3

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

4

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

5

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

6

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

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

, and

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

7

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

SCHEDULE 6

Making of orders by judge

1

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

2
3

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

4

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

Notices of applications for orders

5
6

Failure to comply with order

7

Issue of warrants by judge

8
9

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

10
11

A constable may—

Procedural rules

12

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

Costs

13

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

Interpretation

14

In this Schedule—

SCHEDULE 7

1

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

2

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

3

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

4

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

5

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

6

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

7
8

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

9

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

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

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

10

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

11
12
13
14

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

15
16

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

17
  • “16 to 19 Academy” has the meaning given by section 1B of the Academies Act 2010;

;

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

;

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

;

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

;

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

;

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

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

SCHEDULE 8

Road Traffic Act 1988 (c. 52)

1
Section 2C Causing serious injury by careless, or inconsiderate, driving
Section 3ZC Causing death by driving: disqualified drivers
Section 3ZD Causing serious injury by driving: disqualified drivers

Road Traffic Offenders Act 1988 (c. 55)

2
Section 2C (causing serious injury by careless, or inconsiderate, driving) Section 3 (careless, and inconsiderate, driving
RTA section 2C Causing serious injury by careless, or inconsiderate, driving Sections 11 and 12(1) of this Act

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

3

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

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

.

Armed Forces Act 2006 (c. 52)

4

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

SCHEDULE 9

1

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

2

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

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

;

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

;

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

;

3

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

4

After section 3 insert—

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

5

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

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

6

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

;

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

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

;

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

;

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

SCHEDULE 10

PART 1 — Amendments to the Road Traffic Offenders Act 1988

1

The Road Traffic Offenders Act 1988 is amended as follows.

2
3
4
5
6

Omit section 56 (licence receipts).

7
8
9
10
11
12

In section 80 (certificates about payment)—

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

;

13
14
15
16

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

(ca) section 37A,

.

17

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

18
19

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

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

PART 2 — Amendments to other Acts

Road Traffic Act 1988 (c. 52)

20

The Road Traffic Act 1988 is amended as follows.

21

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

22

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

23

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

24

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

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

25

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

PART 3 — Consequential repeals of amending enactments

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

26

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

Access to Justice Act 1999 (c. 22)

27

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

Police Reform Act 2002 (c. 30)

28

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

Courts Act 2003 (c. 39)

29

In Schedule 8 to the Courts Act 2003, omit—

Road Safety Act 2006 (c. 49)

30

The Road Safety Act 2006 is amended as follows.

31

In section 10, omit—

32

In Schedule 1, omit—

33

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

34

In Schedule 3, omit—

Criminal Justice and Courts Act 2015 (c. 2)

35

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

SCHEDULE 11

Rehabilitation of Offenders Act 1974 (c. 53)

1

The Rehabilitation of Offenders Act 1974 is amended as follows.

2

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

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

;

3

Bail Act 1976 (c. 63)

4

The Bail Act 1976 is amended as follows.

5

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

6

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

7

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

Matrimonial and Family Proceedings Act 1984 (c. 42)

8

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

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

.

Police Act 1997 (c. 50)

9

The Police Act 1997 is amended as follows.

10
  • “relevant caution” means—a diversionary caution given under Part 6 of the Police, Crime, Sentencing and Courts Act 2022,a caution given under section 22 of the Criminal Justice Act 2003 (conditional cautions) in respect of an offence committed before the coming into force of section 118 of the Police, Crime, Sentencing and Courts Act 2022, ora caution given under section 66A of the Crime and Disorder Act 1998,other than one that is spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974;

.

11
  • “relevant caution” has the same meaning as in section 112;

.

Police and Criminal Evidence Act 1984 (c. 60)

12

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

13

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

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

.

14

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

15

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

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

.

16

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

17

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

18

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

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

;

19

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

Crime and Disorder Act 1998 (c. 37)

20

The Crime and Disorder Act 1998 is amended as follows.

21

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

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

22

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

Police Reform Act 2002 (c. 30)

23

The Police Reform Act 2002 is amended as follows.

24

In section 43 (railways safety accreditation scheme)—

25

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

26

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

Licensing Act 2003 (c. 17)

27

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

Courts Act 2003 (c. 39)

28

The Courts Act 2003 is amended as follows.

29

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

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

.

30

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

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

.

Criminal Justice Act 2003 (c. 44)

31

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

Offender Management Act 2007 (c. 21)

32

Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)

33

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

34

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

35

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

;

  • “investigating officer” has the meaning given by section 121 of the Police, Crime, Sentencing and Courts Act 2022;
  • “relevant prosecutor” has the meaning given by section 66H of the Crime and Disorder Act 1998;

.

36

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

Criminal Justice and Courts Act 2015 (c. 2)

37

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

Other consequential repeals

38
39

SCHEDULE 12

Mental Health Act 1983 (c. 20)

1

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

Armed Forces Act 2006 (c. 52)

2

The Armed Forces Act 2006 is amended as follows.

3

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

(b) justify not doing so.

4

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

(b) justify not doing so.

5

(b) justify not doing so.

(b) justify not doing so.

6

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

7
8

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

9

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

SCHEDULE 13

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

1

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

2
3

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

Criminal Justice Act 2003 (c. 44)

4

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

5

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

6
7

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

Sentencing Code

8

The Sentencing Code is amended as follows.

9
10

SCHEDULE 14

PART 1 — Amendments to the Sentencing Code

Introductory

1

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

Orders that qualify for special procedures

2

After section 395 insert—

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

Review of community orders

3

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

4

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

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

5

After section 217 insert—

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

Review of suspended sentence orders

6

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

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

7

After section 293 insert—

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

8

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

9
10

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

Review of drug rehabilitation requirements

11

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

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

Breach of community order: power to commit to custody

12

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

;

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

.

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

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

.

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

.

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

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

.

Breach of suspended sentence order: power to commit to custody

13

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

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

.

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

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

PART 2 — Prospective amendments

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

14

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

;

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

.

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

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

SCHEDULE 15

1

The Sentencing Code is amended as follows.

2

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

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

.

3

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

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

4

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

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

.

5

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

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

6

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

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

SCHEDULE 16

PART 1 — Detention and training orders made under Sentencing Code

Criminal Justice Act 2003 (c. 44)

1

The Criminal Justice Act 2003 is amended as follows.

2

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

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

3

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

4

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

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

Sentencing Act 2020 (c. 17)

5

The Sentencing Act 2020 is amended as follows.

6

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

7

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

8

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

9

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

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

10

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

, or (d) a detention and training order.

11

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

Other enactments

12

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

13

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

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

14

The Armed Forces Act 2006 is amended as follows.

15

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

16

After section 213 insert—

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

SCHEDULE 17

PART 1 — Electronic monitoring: general requirements

1

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

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

PART 2 — Electronic whereabouts monitoring requirements

Criminal Justice and Immigration Act 2008 (c. 4)

2

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

.

Sentencing Code

3

The Sentencing Code is amended as follows.

4
electronic whereabouts monitoring requirement Part 17 section 185(5)

.

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

5

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

6

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

7

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

An electronic whereabouts monitoring requirement Any person who by virtue of paragraph 46 of Schedule 6 will be responsible for the electronic monitoring
An electronic whereabouts monitoring requirement Any person without whose consent the requirement could not be included in the order.
8

After section 198 insert—

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

9

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

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

.

10

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

11

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

12

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

13
An electronic whereabouts monitoring requirement Any person who by virtue of paragraph 46 of Schedule 6 will be responsible for the electronic monitoring
An electronic whereabouts monitoring requirement Any person without whose consent the requirement could not be included in the order.
14

(j) an electronic whereabouts monitoring requirement.

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

.

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

PART 3 — Intensive supervision and surveillance

15

The Sentencing Code is amended as follows.

16

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

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

17

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

PART 4 — Curfew requirements and education requirements

Introductory

18

The Sentencing Act 2020 is amended as follows.

Curfew requirement

19

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

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

20

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

Education requirement

21

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

PART 5 — The responsible officer

Criminal Justice and Immigration Act 2008 (c. 4)

22

Sentencing Code

23

SCHEDULE 18

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

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

1

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

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

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

, and

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

;

  • “sexual harm prevention order” includes a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
2

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

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

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

;

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

Amendments of the Sentencing Code

3

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

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

PART 2 — Variation of order by court in Scotland

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

4

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

(136ZE) (1) This section applies where a relevant order has been made in respect of a person who now— (a) is residing in Scotland, or (b) is in or is intending to come to Scotland. (2) In this section “relevant order” means— (a) a sexual harm prevention order, (b) a sexual offences prevention order, or (c) a foreign travel order. (3) An application may be made to the appropriate sheriff in Scotland— (a) by the defendant, or (b) by the chief constable, for an order varying, renewing or discharging the relevant order. (4) Subject to subsections (5) to (12), on the application the court, after hearing the person making the application and the other person mentioned in subsection (3) (if that person wishes to be heard), may make any order varying, renewing or discharging the relevant order that the appropriate sheriff considers appropriate. (5) In determining the application the court must have regard to— (a) the time for which the defendant is likely to remain in Scotland, and (b) whether— (i) in the case of a sexual harm prevention order, the defendant is likely to return to, or to visit, England and Wales, or (ii) in the case of a sexual offences prevention order or foreign travel order, the defendant is likely to return to, or to visit, Northern Ireland. (6) A sexual harm prevention order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of— (a) protecting the public in Scotland, or any particular members of the public in Scotland, from sexual harm from the defendant, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom. (7) A sexual harm prevention order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of— (a) protecting the public or any particular members of the public from sexual harm from the defendant, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom. (8) A sexual offences prevention order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of protecting the public in Scotland, or any particular members of the public in Scotland, from serious sexual harm from the defendant. (9) A sexual offences prevention order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant. (10) A foreign travel order may be renewed, or varied under this section so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom. (11) A foreign travel order as renewed or varied under this section may contain only such prohibitions as are necessary for the purpose mentioned in subsection (10). (12) The court must not discharge a sexual harm prevention order or a sexual offences prevention order before the end of 5 years beginning with the day on which the order was made without the consent of the defendant and the chief constable. (13) The defendant may appeal against the making of an order under this section, or the refusal to make such an order, as if it were a decision constituting final judgment in civil proceedings within the meaning of the Courts Reform (Scotland) Act 2014 (asp 18). (14) In this section— - “the appropriate sheriff” means—in any case, a sheriff in whose sheriffdom the defendant resides, orin a case where the application is made by the chief constable—a sheriff in whose sheriffdom the defendant is believed by the chief constable to be, ora sheriff to whose sheriffdom the defendant is believed by the chief constable to be intending to come; - “the chief constable” means the chief constable of the Police Service of Scotland; - “child” means a person under 18; - “serious sexual harm”, in relation to the renewal or variation of a sexual offences prevention order, means serious physical or psychological harm caused by the defendant committing one or more of the offences listed in Schedule 3; - “serious sexual harm”, in relation to the renewal or variation of a foreign travel order, means serious physical or psychological harm caused by the defendant doing, outside the United Kingdom, anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom; - “sexual harm” and “vulnerable adult”, in relation to the renewal or variation of a sexual harm prevention order, have the meanings given by section 103B(1). (136ZF) (1) This section applies where a relevant order has been made in respect of a person who now— (a) is residing in Scotland, or (b) is in or is intending to come to Scotland. (2) In this section “relevant order” means— (a) a sexual risk order, or (b) a risk of sexual harm order. (3) An application may be made to the appropriate sheriff in Scotland— (a) by the defendant, or (b) by the chief constable, for an order varying, renewing or discharging the relevant order. (4) Subject to subsections (5) to (10), on the application the court, after hearing the person making the application and the other person mentioned in subsection (3) (if that person wishes to be heard), may make any order varying, renewing or discharging the relevant order that the appropriate sheriff considers appropriate. (5) In determining the application the court must have regard to— (a) the time for which the defendant is likely to remain in Scotland, and (b) whether— (i) in the case of a sexual risk order, the defendant is likely to return to, or to visit, England and Wales, or (ii) in the case of a risk of sexual harm order, the defendant is likely to return to, or to visit, Northern Ireland. (6) A sexual risk order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of— (a) protecting the public in Scotland, or any particular members of the public in Scotland, from harm from the defendant, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom. (7) A sexual risk order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of— (a) protecting the public or any particular members of the public from harm from the defendant, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom. (8) A risk of sexual harm order may be renewed, or varied under this section so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of protecting children generally or any child from physical or psychological harm from the defendant doing acts within section 123(3). (9) A risk of sexual harm order as renewed or varied under this section may contain only such prohibitions as are necessary for the purpose mentioned in subsection (8). (10) The court must not discharge a relevant order before the end of 2 years beginning with the day on which the order was made without the consent of the defendant and the chief constable. (11) The defendant may appeal against the making of an order under this section, or the refusal to make such an order, as if it were a decision constituting final judgment in civil proceedings within the meaning of the Courts Reform (Scotland) Act 2014 (asp 18). (12) In this section— - “the appropriate sheriff” means—in any case, a sheriff in whose sheriffdom the defendant resides, orin a case where the application is made by the chief constable—a sheriff in whose sheriffdom the defendant is believed by the chief constable to be, ora sheriff to whose sheriffdom the defendant is believed by the chief constable to be intending to come; - “the chief constable” means the chief constable of the Police Service of Scotland; - “child”—in relation to the renewal or variation of a sexual risk order, means a person under 18;in relation to the renewal or variation of a risk of sexual harm order, means a person under 16; - “harm” and “vulnerable adult”, in relation to the renewal or variation of a sexual risk order, have the meanings given by section 122B(1).

Amendments of the Sentencing Code

5

After section 351 of the Sentencing Code insert—

(351A) (1) This section applies where a sexual harm prevention order has been made in respect of an offender who— (a) is residing in Scotland, or (b) is in or intends to come to Scotland. (2) An application may be made to the appropriate sheriff in Scotland— (a) by the offender, or (b) by the chief constable, for an order varying, renewing or discharging the sexual harm prevention order. (3) Subsection (4) applies where an application under subsection (2) is made. (4) After hearing— (a) the person making the application, and (b) the other person mentioned in subsection (2) (if that person wishes to be heard), the sheriff may make any order varying, renewing or discharging the sexual harm prevention order that the sheriff considers appropriate. This is subject to subsections (5) to (8). (5) In determining the application the court must have regard to— (a) the time for which the defendant is likely to remain in Scotland, and (b) whether the defendant is likely to return to, or to visit, England and Wales. (6) An order may be renewed, or varied so as to impose additional prohibitions or requirements on the offender, only if it is necessary to do so for the purpose of— (a) protecting the public in Scotland, or any particular members of the public in Scotland, from sexual harm from the offender, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom. (7) An order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of— (a) protecting the public or any particular members of the public from sexual harm from the offender, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom. (8) The court must not discharge an order before the end of the period of 5 years beginning with the day on which the order was made without the consent of the defendant and the chief constable. (9) The offender may appeal against the making of an order under this section, or the refusal to make such an order, as if it were a decision constituting final judgment in civil proceedings within the meaning of the Courts Reform (Scotland) Act 2014 (asp 18). (10) In this section— - “the appropriate sheriff” means—in any case, a sheriff in whose sheriffdom the offender resides, orin a case where the application is made by the chief constable—a sheriff in whose sheriffdom the offender is believed by the chief constable to be, ora sheriff to whose sheriffdom the offender is believed by the chief constable to be intending to come; - “the chief constable” means the chief constable of the Police Service of Scotland.

PART 3 — Variation of order by court in England and Wales

6

After section 136ZF of the Sexual Offences Act 2003 (inserted by paragraph 4) insert—

(136ZG) (1) This section applies where a relevant Scottish order has been made in respect of a person (“the defendant”) who now— (a) is residing in England and Wales, or (b) is in or is intending to come to England and Wales. (2) In this section “relevant Scottish order” means a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22). (3) A person within subsection (4) may by complaint to the appropriate court apply for an order varying, renewing or discharging the relevant order. (4) Those persons are— (a) the defendant; (b) the chief officer of police for the area in which the defendant resides; (c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer’s police area. (5) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (4)(b) or (c) must have regard to the list in considering— (a) whether to apply for an order varying or renewing the relevant Scottish order for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and (b) in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose. (6) Subject to subsections (7) to (14), on an application under this section the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (4), may make any order varying, renewing or discharging the relevant Scottish order that the court considers appropriate. (7) In determining the application the court must have regard to— (a) the time for which the defendant is likely to remain in England and Wales, and (b) whether the defendant is likely to return to, or to visit, Scotland. (8) A relevant Scottish order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of— (a) protecting the public in England and Wales, or any particular members of the public in England and Wales, from sexual harm from the defendant, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom. (9) A relevant Scottish order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of— (a) protecting the public or any particular members of the public from sexual harm from the defendant, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom. (10) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering— (a) whether any order varying or renewing the relevant Scottish order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and (b) in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose. (11) A relevant Scottish order may be renewed or varied under this section so as to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order. (12) Section 103FA (electronic monitoring requirements) applies in relation to— (a) the variation under this section of a relevant Scottish order to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order, or (b) the renewal of an order to continue such a requirement, as it applies in relation to the making of a sexual harm prevention order, subject to subsection (13). (13) In its application to the variation or renewal of a relevant Scottish order, section 103FA has effect as if— (a) the reference in subsection (4)(b) to a case where it is proposed to include in the order a requirement or provision mentioned in sub-paragraph (i) or (ii) included a case where the order already includes such a requirement or provision, (b) the reference in subsection (4)(b) to the local justice area in which the place or area proposed to be specified is situated included the local justice area in which the place or area already specified is situated, and (c) the reference in subsection (9) to section 103E were to this section. (14) The court must not discharge a relevant Scottish order, or vary such an order so as to remove a prohibition or requirement, unless the order or, as the case may be, the prohibition or requirement is no longer necessary for the purpose of— (a) protecting the public, or any particular members of the public, from sexual harm from the defendant, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom. (15) In this section— - “adult magistrates’ court” means a magistrates’ court that is not a youth court; - “the appropriate court” means—where the defendant is aged 18 or over, an adult magistrates’ court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area;where the defendant is under the age of 18, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer’s police area; - “child” means a person under 18; - “prohibition on foreign travel” includes a prohibition on foreign travel within the meaning of Chapter 3 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see sections 17 and 25 of that Act); - “sexual harm” and “vulnerable adult” have the same meanings as in Chapter 3 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see sections 10 and 25 of that Act). (136ZH) (1) This section applies where a relevant order has been made in respect of a person who now— (a) is residing in England and Wales, or (b) is in or is intending to come to England and Wales. (2) In this section “relevant order” means— (a) a sexual offences prevention order, or (b) a foreign travel order. (3) A person within subsection (4) may by complaint to the appropriate court apply for an order varying, renewing or discharging the relevant order. (4) Those persons are— (a) the defendant; (b) the chief officer of police for the area in which the defendant resides; (c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer’s police area. (5) If— (a) this section applies in relation to a person because that person is subject to a foreign travel order, and (b) a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (4)(b) or (c) must have regard to the list in considering whether to apply for an order varying or renewing the foreign travel order. (6) Subject to subsections (7) to (16), on an application under this section the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (4), may make any order varying, renewing or discharging the relevant order that the court considers appropriate. (7) In determining the application the court must have regard to— (a) the time for which the defendant is likely to remain in England and Wales, and (b) whether the defendant is likely to return to, or to visit, Northern Ireland. (8) A sexual offences prevention order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of protecting the public in England and Wales, or any particular members of the public in England and Wales, from serious sexual harm from the defendant. (9) A sexual offences prevention order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant. (10) A sexual offences prevention order may be renewed or varied under this section so as to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order. (11) Section 103FA (electronic monitoring requirements) applies in relation to— (a) the variation under this section of a sexual offences prevention order to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order, or (b) the renewal of an order to continue such a requirement, as it applies in relation to the making of a sexual harm prevention order, subject to subsection (12). (12) In its application to the variation or renewal of a sexual offences prevention order, section 103FA has effect as if— (a) the reference in subsection (4)(b) to a case where it is proposed to include in the order a requirement or provision mentioned in sub-paragraph (i) or (ii) included a case where the order already includes such a requirement or provision, (b) the reference in subsection (4)(b) to the local justice area in which the place or area proposed to be specified is situated included the local justice area in which the place or area already specified is situated, and (c) the reference in subsection (9) to section 103E were to this section. (13) The court must not discharge a sexual offences prevention order before the end of 5 years beginning with the day on which the order was made without the consent of the defendant and— (a) where the application under this section is made by a chief officer of police, that chief officer, or (b) in any other case, the chief officer of police for the area in which the defendant resides. (14) A foreign travel order may be renewed, or varied under this section so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom. (15) A foreign travel order as renewed or varied under this section may contain only such prohibitions as are necessary for the purpose mentioned in subsection (14). (16) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering whether to renew or vary a foreign travel order under this section. (17) In this section— - “adult magistrates’ court” means a magistrates’ court that is not a youth court; - “the appropriate court” means—where the defendant is aged 18 or over, an adult magistrates’ court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area;where the defendant is under the age of 18, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer’s police area; - “child” means a person under 18; - “serious sexual harm”—in relation to the renewal or variation of a sexual offences prevention order, means serious physical or psychological harm caused by the defendant committing one or more of the offences listed in Schedule 3;in relation to the renewal or variation of a foreign travel order, means serious physical or psychological harm caused by the defendant doing, outside the United Kingdom, anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom. (136ZI) (1) This section applies where a relevant Scottish order has been made in respect of a person (“the defendant”) who now— (a) is residing in England and Wales, or (b) is in or is intending to come to England and Wales. (2) In this section “relevant Scottish order” means a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22). (3) A person within subsection (4) may by complaint to the appropriate court apply for an order varying, renewing or discharging the relevant Scottish order. (4) Those persons are— (a) the defendant; (b) the chief officer of police for the area in which the defendant resides; (c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer‘s police area. (5) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (4)(b) or (c) must have regard to the list in considering— (a) whether to apply for an order varying or renewing the relevant Scottish order for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and (b) in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose. (6) Subject to subsections (7) to (14), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (4), may make any order varying, renewing or discharging the relevant Scottish order that the court considers appropriate. (7) In determining the application the court must have regard to— (a) the time for which the defendant is likely to remain in England and Wales, and (b) whether the defendant is likely to return to, or to visit, Scotland. (8) A relevant Scottish order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of— (a) protecting the public in England and Wales, or any particular members of the public in England and Wales, from harm from the defendant, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom. (9) A relevant Scottish order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of— (a) protecting the public or any particular members of the public from harm from the defendant, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom. (10) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering— (a) whether any order varying or renewing the relevant Scottish order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and (b) in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose. (11) A relevant Scottish order may be renewed or varied under this section so as to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order. (12) Section 122EA (electronic monitoring requirements) applies in relation to— (a) the variation under this section of a relevant Scottish order to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order, or (b) the renewal of an order to continue such a requirement, as it applies in relation to the making of a sexual risk order, subject to subsection (13). (13) In its application to the variation or renewal of a relevant Scottish order, section 122EA has effect as if— (a) the reference in subsection (4)(b) to a case where it is proposed to include in the order a requirement or provision mentioned in sub-paragraph (i) or (ii) included a case where the order already includes such a requirement or provision, (b) the reference in subsection (4)(b) to the local justice area in which the place or area proposed to be specified is situated included the local justice area in which the place or area already specified is situated, and (c) the reference in subsection (9) to section 122D were to this section. (14) The court must not discharge a relevant Scottish order, or vary such an order so as to remove a prohibition or requirement, unless the order or, as the case may be, the prohibition or requirement is no longer necessary for the purpose of— (a) protecting the public, or any particular members of the public, from harm from the defendant, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom. (15) In this section— - “adult magistrates’ court” means a magistrates’ court that is not a youth court; - “the appropriate court” means—where the defendant is aged 18 or over, an adult magistrates’ court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area;where the defendant is under the age of 18, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer’s police area; - “child” means a person under 18; - “harm” and “vulnerable adult” have the same meanings as in Chapter 4 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see sections 26 and 36 of that Act); - “prohibition on foreign travel” includes a prohibition on foreign travel within the meaning of Chapter 4 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see sections 29 and 36 of that Act). (136ZJ) (1) This section applies where a risk of sexual harm order has been made in respect of a person who now— (a) is residing in England and Wales, or (b) is in or is intending to come to England and Wales. (2) A person within subsection (3) may by complaint to the appropriate court apply for an order varying, renewing or discharging the order. (3) Those persons are— (a) the defendant; (b) the chief officer of police for the area in which the defendant resides; (c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer’s police area. (4) Subject to subsections (5) to (10), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (3), may make any order varying, renewing or discharging the risk of sexual harm order that the court considers appropriate. (5) A risk of sexual harm order may be renewed, or varied under this section so as to impose— (a) additional prohibitions on the defendant, or (b) requirements of the kind mentioned in subsection (7) on the defendant, only if it is necessary to do so for the purpose of protecting children generally or any child from physical or psychological harm, caused by the defendant doing acts within section 123(3). (6) A risk of sexual harm order as renewed or varied under this section may contain only— (a) such prohibitions as are necessary for the purpose mentioned in subsection (5), and (b) such requirements of the kind mentioned in subsection (7) as are necessary for that purpose. (7) A risk of sexual harm order may be renewed or varied under this section so as to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions imposed by the order. (8) Section 122EA (electronic monitoring requirements) applies in relation to— (a) the variation under this section of a risk of sexual harm order to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions imposed by the order, or (b) the renewal of an order to continue such a requirement, as it applies in relation to the making of a sexual harm prevention order, subject to subsection (9). (9) In its application to the variation or renewal of a risk of sexual harm order, section 122EA has effect as if— (a) subsection (4)(b)(i) were omitted, (b) the reference in subsection (4)(b) to a case where it is proposed to include in the order a provision mentioned in sub-paragraph (ii) included a case where the order already includes such a provision, (c) the reference in subsection (4)(b) to the local justice area in which the place or area proposed to be specified is situated included the local justice area in which the place or area already specified is situated, and (d) the reference in subsection (9) to section 122D were to this section. (10) The court must not discharge a risk of sexual harm order before the end of 2 years beginning with the day on which the order was made without the consent of the defendant and— (a) where the application under this section is made by a chief officer of police, that chief officer, or (b) in any other case, the chief officer of police for the area in which the defendant resides. (11) In this section— - “adult magistrates’ court” means a magistrates’ court that is not a youth court; - “the appropriate court” means—where the defendant is aged 18 or over, an adult magistrates’ court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area;where the defendant is under the age of 18, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer’s police area; - “child” means a person under 16.

SCHEDULE 19

Police and Criminal Evidence Act 1984 (c. 60)

1

Criminal Justice and Police Act 2001 (c. 16)

2

(69C) The power of seizure conferred by section 43E(2) of the Terrorism Act 2000 (seizure on the occasion of a search necessary for purposes connected with protecting members of the public from a risk of terrorism).

(82B) The power of seizure conferred by section 43E(2) of the Terrorism Act 2000 (seizure on the occasion of a search necessary for purposes connected with protecting members of the public from a risk of terrorism).

Counter-Terrorism Act 2008 (c. 28)

3

In section 1(1) of the Counter-Terrorism Act 2008, after paragraph (bb) insert—

(bc) section 43C(1) of that Act (search of terrorist offender released on licence); (bd) section 43C(5) of that Act (search of vehicle in connection with search of terrorist offender released on licence); (be) section 43D of that Act (search of premises of offender released on licence for purposes connected with protection from risk of terrorism);

.

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

4

Criminal Justice (Scotland) Act 2016 (asp 1)

5

In section 59 of the Criminal Justice (Scotland) Act 2016—

SCHEDULE 20

Criminal Justice Act 2003

1

(52) (1) The power conferred by section 51 includes power to give— (a) a direction that is applicable to several, or all, of the persons taking part in particular eligible criminal proceedings; (b) a direction that is applicable to a particular person in respect of only some aspects of particular eligible criminal proceedings (such as giving evidence or attending the proceedings when not giving evidence); (c) a direction requiring or permitting a person who is outside England and Wales (whether in the United Kingdom or elsewhere) to take part in eligible criminal proceedings through a live audio link or a live video link. (2) The court may vary or rescind a direction under section 51 at any time before or during the eligible criminal proceedings to which it relates (but this does not affect the court’s power to give a further direction under that section in relation to the proceedings). (3) A direction under section 51 may not be rescinded unless— (a) the court is satisfied that it is in the interests of justice for the direction to be rescinded, (b) the parties to the proceedings have been given the opportunity to make representations, and (c) if so required by subsection (9), the relevant youth offending team has been given the opportunity to make representations. (4) In relation to the variation of a direction given under section 51— (a) so far as the effect of the variation would be to allow a person to take part in eligible criminal proceedings through a live audio link or a live video link, or to alter (without removing) a person’s ability to do so, sections 51(4) and 53(1) to (3) apply as they apply to the giving of a direction; (b) so far as the effect of the variation would be to remove a person’s ability to take part in eligible criminal proceedings through a live audio link or a live video link, subsection (3) applies as it applies to the rescission of a direction. (5) Section 51(5) and (6) applies in relation to the variation or rescission of a direction given under section 51 as it applies to the giving of a direction under that section. (6) A direction under section 51 may be given, varied or rescinded— (a) on an application by a party to the proceedings, or (b) of the court’s own motion. But a party may not apply for a variation or rescission unless there has been a material change of circumstances since the direction was given or last varied. (7) The court must state in open court its reasons for refusing an application for the giving, variation or rescission of a direction under section 51 and, if it is a magistrates’ court, must cause them to be entered in the register of its proceedings. (8) If a hearing takes place in relation to the giving, variation or rescission of a direction under section 51, the court may require or permit a person to take part in that hearing through— (a) a live audio link, or (b) a live video link. (9) The requirement referred to in section 51(4)(c) and subsection (3)(c) arises in a case where— (a) the defendant is a party to the proceedings, and (b) either— (i) the defendant has not attained the age of 18 years, or (ii) the defendant has attained the age of 18 years but the court is dealing with the case as if the defendant had not attained that age. (52A) (1) A person who takes part in eligible criminal proceedings in accordance with a direction under section 51 is to be treated as complying with any requirement (however imposed or expressed) for that person to attend or appear before court, or to surrender to the custody of the court, for the purposes of that participation in those proceedings. (2) A person who takes part in eligible criminal proceedings in accordance with a direction under section 51 is to be treated as present in court for the purposes of those proceedings. (3) If eligible criminal proceedings are conducted with one or more persons taking part in accordance with a direction under section 51, the proceedings are to be regarded as taking place— (a) if at least one member of the court is taking part in the proceedings while in a courtroom, in that courtroom (or, if more than one courtroom falls within this paragraph, such of them as the court directs), (b) if no member of the court, but at least one other person, is taking part in the proceedings while in a courtroom, in that courtroom (or, if more than one courtroom falls within this paragraph, such of them as the court directs), or (c) if no person is taking part in the proceedings while in a courtroom, at such place as the court directs (being a place where the court could lawfully sit for the purposes of those proceedings). (4) In subsection (3), “courtroom” includes any place where proceedings of the sort in question might ordinarily be held (if no person were taking part in the proceedings in accordance with a direction under section 51). (5) A statement made on oath by a witness outside the United Kingdom and given in evidence through a live audio link or a live video link in accordance with a direction under section 51 is to be treated for the purposes of section 1 of the Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.

(4) The following functions of a magistrates’ court may be discharged by a single justice— (a) giving a direction under section 51 or varying such a direction under section 52(2); (b) rescinding under section 52(2) a direction given under section 51 before the eligible criminal proceedings concerned begin; (c) requiring or permitting, under section 52(8), a person to take part by live audio link or live video link in a hearing about a matter within paragraph (a) or (b).

  • “bail” includes remand to local authority accommodation in accordance with Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,
  • “defendant” includes the person accused or convicted of an offence and, in the case of an enforcement hearing, the person liable to pay the sum or financial penalty concerned,
  • “eligible criminal proceedings” has the meaning given in section 51(3),
  • “enforcement hearing” means a hearing relating to collection, discharge, satisfaction or enforcement of—a sum that has been adjudged to be paid on conviction for an offence by a magistrates’ court or the Crown Court, ora financial penalty that is enforceable in accordance with section 85(6) and (7) of the Criminal Justice and Immigration Act 2008 as if it were such a sum (including a hearing to determine whether a financial penalty is so enforceable),
  • “live audio link”, in relation to a person (P) taking part in proceedings, means a live telephone link or other arrangement which—enables P to hear all other persons taking part in the proceedings who are not in the same location as P, andenables all other persons taking part in the proceedings who are not in the same location as P to hear P,
  • “live video link”, in relation to a person (P) taking part in proceedings, means a live television link or other arrangement which—enables P to see and hear all other persons taking part in the proceedings who are not in the same location as P, andenables all other persons taking part in the proceedings who are not in the same location as P to see and hear P,

;

  • “preliminary hearing” means a hearing in proceedings for an offence held before the start of the trial (within the meaning of subsection (11A) or (11B) of section 22 of the Prosecution of Offences Act 1985), including, in the case of proceedings in the Crown Court, a preparatory hearing held under—section 7 of the Criminal Justice Act 1987 (cases of serious or complex fraud), orsection 29 of the Criminal Procedure and Investigations Act 1996 (other serious, complex or lengthy cases),
  • “relevant youth offending team” means the youth offending team (established under section 39 of the Crime and Disorder Act 1998) whose functions are exercisable in relation to the defendant concerned,
  • “sentencing hearing” means any hearing following conviction for an offence which is held for the purpose of—proceedings (in a magistrates’ court) relating to committal to the Crown Court for sentencing,sentencing the offender or determining how the court should deal with the offender in respect of the offence (including reviewing, amending or revoking such a sentence or determination), ordetermining—how the offender has complied with a sentence given in respect of the offence, orhow the offender should be dealt with in respect of compliance with such a sentence,and here “sentence” includes any way in which a court has determined that the offender should be dealt with in respect of the offence,

;

(1A) In this Part, reference to taking part in proceedings means taking part in whatever capacity, including hearing the proceedings as a member of the court. (1B) In the application of this Part in relation to a witness, a reference to taking part in proceedings includes attending those proceedings for a purpose preliminary or incidental to the giving of evidence.

;

(4) The following matters are to be disregarded for the purposes of the definitions of “live audio link” and “live video link” in subsection (1)— (a) the extent (if any) to which a person is unable to see or hear by reason of any impairment of eyesight or hearing; (b) the effect of any direction or order which provides for one person taking part in proceedings to be prevented by means of a screen or other arrangement from seeing another person taking part in the proceedings.

Extradition Act 2003

2

(3) A live link direction is a direction requiring a person to take part in the hearing (in whatever capacity) through a live link.

;

(6) A person who takes part in the hearing through a live link is to be treated as present in court for the purposes of the hearing.

(7) For the purposes of subsection (6) the following matters are to be disregarded— (a) the extent (if any) to which a person is unable to see or hear by reason of any impairment of eyesight or hearing; (b) the effect of any direction or order which provides for one person taking part in a hearing to be prevented by means of a screen or other arrangement from seeing another person taking part in the hearing.

Consequential amendments of other enactments

3

(aza) the powers under sections 51 and 52 of the Criminal Justice Act 2003 as they are exercisable in relation to appeals to the criminal division of the Court of Appeal and preliminary and incidental proceedings;

;

(2A) The registrar may exercise the powers under sections 51 and 52 of the Criminal Justice Act 2003 as they are exercisable in relation to appeals to the criminal division of the Court of Appeal and preliminary and incidental proceedings.

;

4

(i) proceedings held for the purposes of section 51 of the Criminal Justice Act 2003 (directions for live links in criminal proceedings) so far as that section applies to preliminary hearings (within the meaning of that section), and (ii) any such hearing in relation to which a direction under that section is given requiring or permitting the person on bail to take part through a live audio link or a live video link (within the meaning of that section);

.

5

In section 32 of the Criminal Justice Act 1988—

(A1) This section applies only so far as provided by an order under paragraph 8 of Schedule 13.

6
7
8

In the Sentencing Code, omit section 391.

9

In section 26 of the Domestic Abuse Act 2021 (breach of domestic abuse protection notice), for subsection (8) substitute—

(8) The requirement in subsection (2) to bring a person before the court is satisfied if the person appears before the court through a live video link or live audio link (within the meaning given by section 56 of the Criminal Justice Act 2003).

SCHEDULE 21

PART 1 — Amendments to the Sentencing Act 2020

1

The Sentencing Act 2020 is amended as follows.

2

In section 108(4), for “Part” substitute “Chapter”.

3

In the table in section 122(1) (standard scale of fines for summary offences)—

Offence committed on or after 1 May 1984 and before 1 October 1992
£50
£100
£400
£1,000
£2,000
4

In section 166(7), for “paragraph” substitute “entry”.

5

In section 293(2)(d), for “(“a progress report”) substitute “(a “progress report”)”.

6

In section 414(6), in each of paragraphs (a) and (b), for “by the Armed Forces Act 2006” substitute “by or under the Armed Forces Act 2006”.

7
8

In Schedule 16, in paragraph 11(4)(b), for first “by” substitute “be”.

9

In Schedule 21, in paragraph 4(1)—

10

(b) in subsection (3), at the beginning insert “If the offender was aged 21 or over when convicted,

.

11

In Schedule 24, omit paragraph 154(f).

PART 2 — Amendments to other enactments

Criminal Justice Act 2003 (c. 44)

12

In section 237(1B) of the Criminal Justice Act 2003, after paragraph (a) insert—

(aa) references to a sentence of detention under section 262 of the Sentencing Code include a sentence of detention in a young offender institution under section 210B of the Armed Forces Act 2006;

.

Counter-Terrorism and Sentencing Act 2021 (c. 11)

13

In Schedule 13 to the Counter-Terrorism and Sentencing Act 2021, omit paragraph 44.

Police covenant report

Duties to collaborate and plan to prevent and reduce serious violence

Powers to collaborate and plan to prevent and reduce serious violence

Power to authorise collaboration etc. with other persons

Specified authorities and local government areas

Educational, prison and youth custody authorities

Preventing and reducing serious violence

Involvement of local policing bodies

Involvement of educational, prison and youth custody authorities

Disclosure of information

Supply of information to local policing bodies

Directions

Guidance

Amendments to the Crime and Disorder Act 1998

Amendment to the Police and Justice Act 2006

Regulations

Index of defined expressions

Duty to arrange a review

Relevant review partners

Notification of Secretary of State

Conduct of review

Information

Information: supplementary

Delegating functions

Guidance

Power to pay grant: local health boards

Piloting

Regulations

Interpretation

Extraction of information from electronic devices: investigations of crime etc

Application of section 37 to children and adults without capacity

Requirements for voluntary provision and agreement

Application of section 37 where user has died etc

Extraction of information from electronic devices: investigations of death

Code of practice about the extraction of information

Confidential information

Authorised persons

Pre-charge bail

Arranging or facilitating commission of a child sex offence

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

Criminal damage to memorials: mode of trial

Overseas production orders

Power to photograph certain persons at a police station

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

Functions of prisoner custody officers in relation to live link hearings

Proceeds of crime: account freezing orders

Code of practice relating to non-criminal hate incidents

Increase in penalty for offences related to game etc

Administering a substance with intent to cause harm

Response to Law Commission report on hate crime laws

Imposing conditions on public processions

Causing death by dangerous driving or careless driving when under the influence of drink or drugs: increased penalties

Courses offered as alternative to prosecution: fees etc

Charges for removal, storage and disposal of vehicles

Production of licence to the court

Power to issue fixed penalty notices on-the-spot in Scotland

Diversionary and community cautions

Temporary release from secure children’s homes

Secure 16 to 19 Academies

Serious violence reduction orders

Rehabilitation of offenders

Disregard of certain convictions or cautions

Pardons for certain convictions or cautions

British Sign Language interpreters for deaf jurors

Continuation of criminal trial on death or discharge of a juror

Remote observation and recording of court and tribunal proceedings

Expansion of use of video and audio links in criminal proceedings

Financial provision

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

Extent

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

Extent

Commencement

Short title

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

Editorial notes

[^key-00c4914464e4bb80aed859ec2540686e]: Sch. 13 para. 8 not in force at Royal Assent, see s. 208(1)

[^key-014fd4bd31960995fe12eb8734f39f3f]: S. 89 in force at 26.10.2022 by S.I. 2022/1075, reg. 3(f)

[^key-01efa34145993ce89a77a72ecd6640d5]: Sch. 11 para. 38 not in force at Royal Assent, see s. 208(1)

[^key-02595a09efb7141802dad93b963024e7]: S. 37 not in force at Royal Assent, see s. 208(1)

[^key-029ff38001d7a7b71fb2a3bed1217677]: Sch. 6 para. 10 not in force at Royal Assent, see s. 208(1)

[^key-02a001ed534f71b65524f17dc283c2c9]: S. 187 in force at 28.6.2022, see s. 208(5)(w)

[^key-02e2e816217f9ef1aa69e5ae541f9359]: Sch. 13 para. 3 in force at 28.6.2022 by S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))

[^key-02fb15d1be001fe2848985cc9bc9de69]: S. 94 not in force at Royal Assent, see s. 208(1)

[^key-031cceaf2ac6a89e818a7e7b7bfffd8f]: S. 156 not in force at Royal Assent, see s. 208(1)

[^key-0320b5fa4368b3a4cdc0023d215d356a]: Sch. 4 para. 23 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-03a96d73c784d8ae603d664e2ab22c80]: S. 23 in force at Royal Assent, see s. 208(4)(g)

[^key-041647b88b245d14ed794f986dbff5ef]: Sch. 5 para. 6 in force at 28.6.2022, see s. 208(5)(d)

[^key-047b08c4ec36073702db05629dc3125e]: Sch. 11 para. 37 not in force at Royal Assent, see s. 208(1)

[^key-04b39e78f0236eafc821fc30e3550efe]: Sch. 4 para. 35 not in force at Royal Assent, see s. 208(1)

[^key-0619fd1a057599bee11968bf2385760a]: S. 46 not in force at Royal Assent, see s. 208(1)

[^key-0678f77542de8f096f92c6bd9ad86ce6]: Sch. 16 para. 3 in force at 28.6.2022, see s. 208(5)(t)

[^key-068b0a51076f59eb89663c3b708e6af9]: S. 45 in force at 28.10.2022 in so far as not already in force by S.I. 2022/1075, reg. 4(a)

[^key-06e08966293d0781d746b62961c9fe74]: Sch. 5 para. 5 in force at 28.6.2022, see s. 208(5)(d)

[^key-077bf0f9b489071cfa4762e2ee6fa4b2]: S. 167(2)-(4) in force at Royal Assent, see s. 208(4)(w)

[^key-085317e2a40a772f3da94d17276a03e0]: S. 22 in force at Royal Assent, see s. 208(4)(g)

[^key-08967ad01b05d3b9399c8dbdab2d5fa9]: Sch. 10 para. 12 not in force at Royal Assent, see s. 208(1)

[^key-08bb42159a50c038e065228e462032b7]: Sch. 10 para. 4 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-09168b3baa07e5f02f662342657d2d74]: Sch. 17 para. 17 not in force at Royal Assent, see s. 208(1)

[^key-09769fdc82e1cbb46f8c7d04a98484b9]: Sch. 4 para. 13 not in force at Royal Assent, see s. 208(1)

[^key-0988287cacf47d7b02989745f37429b4]: S. 207 in force at Royal Assent, see s. 208(4)(ac)

[^key-0a71c21cb21e77e184dee30f1012b387]: S. 186 in force at 28.6.2022, see s. 208(5)(w)

[^key-0ad72e808c2daefadc9e73f028ec78ef]: Sch. 13 para. 1 in force at 28.6.2022 by S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))

[^key-0b11acd5ad2b4d8947e34652dcfc1c92]: Sch. 10 para. 1 not in force at Royal Assent, see s. 208(1)

[^key-0b21e27b4ee931df37d80cdb938090d4]: S. 53 in force at 28.6.2022, see s. 208(5)(e)

[^key-0b4bb6eff5e2eb80095aa85c3ec1af84]: Sch. 11 para. 9 not in force at Royal Assent, see s. 208(1)

[^key-0b57cc88aa3f384c60b4b5b39d962366]: Sch. 7 para. 17 not in force at Royal Assent, see s. 208(1)

[^key-0b5923dac5e789a0e5af584f26e439a0]: Sch. 10 para. 10 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-0cd112eec9d00273b8a4b5220398724e]: S. 196 in force at 28.6.2022, see s. 208(5)(x)

[^key-0d88785827aad3892d7f1b254c945c4b]: S. 26 in force at Royal Assent for specified purposes, see ss. 34, 208(4)(h)

[^key-0deac10fa9cb11223166e7e7c3696b8a]: Sch. 4 para. 16 not in force at Royal Assent, see s. 208(1)

[^key-0eb61999bf6f5a0dc9567381b0f44af9]: S. 172 not in force at Royal Assent, see s. 208(1)

[^key-0ed82bf893ff7631498740a6c00c1d4f]: S. 184 in force at 28.6.2022, see s. 208(5)(w)

[^key-0ef611498d3bfade1ce1854aa45e2747]: Sch. 16 para. 5 in force at 28.6.2022, see s. 208(5)(t)

[^key-0f0fa6a6fbb12a209278fdf126e95417]: Sch. 10 para. 3 not in force at Royal Assent, see s. 208(1)

[^key-0f2dba4b2c05f773fc81dde08491786a]: Sch. 4 para. 18 not in force at Royal Assent, see s. 208(1)

[^key-0f4cc29e19b041c4423f4b90c7faef1d]: Sch. 10 para. 33 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-0fe76f777d7def38d7a5fbcb41815a29]: S. 155 in force at 28.6.2022 by S.I. 2022/520, reg. 5(r)

[^key-101732fc2d3dbb09420a4fb51c07d6e8]: Sch. 11 para. 33 not in force at Royal Assent, see s. 208(1)

[^key-1022ba8384efe8ec3526e2f3f716be79]: Sch. 14 para. 5 in force at 28.6.2022, see s. 208(5)(r)

[^key-10464f0c510817c07590f4eb196f6751]: Sch. 19 para. 1 in force at 28.6.2022, see s. 208(5)(w)

[^key-10467b130f06cb2c86163b2a27b128f5]: Sch. 11 para. 4 not in force at Royal Assent, see s. 208(1)

[^key-10f2a6f2f0cb687869ca84e49e9a873a]: S. 177(1)-(6) in force at 29.11.2022 by S.I. 2022/1227, reg. 3(j)

[^key-10f3f0683387cf0e69683698636a8acf]: S. 152 not in force at Royal Assent, see s. 208(1)

[^key-11470263777505d942570ef3a413a8e9]: Sch. 4 para. 36 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-114833b07bb5e5ccf283bfd6406fa5c9]: S. 6 not in force at Royal Assent, see s. 208(1)

[^key-1198ce31c560edfd628b22355f568c7b]: S. 137 not in force at Royal Assent, see s. 208(1)

[^key-11b4ce19ab538be1bdff32a9ff5b2bd3]: S. 2 in force at 28.6.2022, see s. 208(5)(a)

[^key-11da8cc1563df6f4423decfe27423817]: S. 77 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

[^key-12a2f38d0a83a0aa1188e908288bd7f8]: Sch. 6 para. 10 in force at 28.6.2022 by S.I. 2022/520, reg. 5(g)

[^key-12c5753d10d636b0b10cecb3ec70c0e5]: Sch. 10 para. 9 not in force at Royal Assent, see s. 208(1)

[^key-12fcb19953ce654c0766b7c167dc8fa2]: S. 103 not in force at Royal Assent, see s. 208(1)

[^key-130ef9094a3a6aaa8752239292ad2843]: S. 5 not in force at Royal Assent, see s. 208(1)

[^key-133677acf91d5d64d20c5b22816b972c]: Sch. 10 para. 16 not in force at Royal Assent, see s. 208(1)

[^key-134cddfc09a3ffb8377f6ef4888e9c19]: Sch. 7 para. 3 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

[^key-13ffdacfe19e17cc478bab868ee23839]: S. 29 not in force at Royal Assent, see ss. 34, 208(1)

[^key-142d1a68cc4aedd5ffdb385fb33781a1]: Sch. 4 para. 27 not in force at Royal Assent, see s. 208(1)

[^key-1451aaf1933347a862802109bd7f8963]: Sch. 9 para. 6 not in force at Royal Assent, see s. 208(1)

[^key-147ef6c87ea21593a2a63e41fda7569a]: Sch. 4 para. 21 not in force at Royal Assent, see s. 208(1)

[^key-15e5a51f13f008a5379d1bf3a34711c4]: S. 7 not in force at Royal Assent, see s. 208(1)

[^key-165ea03060a323caedd6ea1e4283a0f5]: S. 74 not in force at Royal Assent, see s. 208(1)

[^key-1683b0a7fbbde7f88d50472a9a3fd7f5]: Sch. 10 para. 11 not in force at Royal Assent, see s. 208(1)

[^key-1692ea7e3aa93f1ea70bac95883250b4]: Sch. 19 para. 5 in force at 28.6.2022, see s. 208(5)(w)

[^key-175c338fd3fae489d729e8d15752cb77]: S. 102 not in force at Royal Assent, see s. 208(1)

[^key-177ea2b62da4d5b251dba4d90c99f7e8]: S. 59 in force at 28.6.2022, see s. 208(5)(h)

[^key-17cdf599845e9a85eb2b614af25ecb3a]: S. 4(3)-(8) in force at 28.6.2022 in so far as not already in force by S.I. 2022/520, reg. 5(c)

[^key-182d80e39bc0079aceaad137ec848188]: Sch. 9 para. 3 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-1855f0e9b1f8e9d9f77d499f3c07649c]: Sch. 12 para. 8 in force at 28.6.2022, see s. 208(5)(k)

[^key-1869d87ed73ff1dfb5f79a08393e7f40]: Sch. 6 para. 3 in force at 28.6.2022 by S.I. 2022/520, reg. 5(g)

[^key-18840a6bcb587ce8db8b9f8777c13d9a]: S. 17 not in force at Royal Assent, see s. 208(1)

[^key-18d717a2ecf8fd7c36aa0e27ab11695e]: S. 201(1) in force at 28.6.2022, see s. 208(5)(z)

[^key-190cd0c6d7dd70eacc4d74cae70f6437]: Sch. 15 para. 4 in force at 28.6.2022, see s. 208(5)(s)

[^key-195dea048bc8766bdcdaadf5a9adc493]: Sch. 6 para. 3 not in force at Royal Assent, see s. 208(1)

[^key-19881088faa83c2092e64fc4da329c8a]: Sch. 16 para. 8 in force at 28.6.2022, see s. 208(5)(t)

[^key-1b11baf3c4dbae86299b30715e97437e]: S. 130 in force at 28.6.2022, see s. 208(5)(m)

[^key-1b41d930c7334128610c9d7cbe9d8d8e]: Sch. 21 para. 9 in force at 28.6.2022, see s. 208(5)(aa)

[^key-1bf81e3436d32b8619b52268cd1f643d]: Sch. 7 para. 10 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

[^key-1c4c363f3cb2806b8eb88ae77d975268]: S. 192 in force at 29.6.2022 by S.I. 2022/520, reg. 6(b)

[^key-1d6860af141910ecf1a08e75af0ca1ad]: S. 47 in force at 28.6.2022, see s. 208(5)(c)

[^key-1da501c4dc040d9adf8a7d0285191091]: Sch. 4 para. 3 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-1e1146e5a6a35941425f134f1f383a7f]: S. 129(3)(b)(i) in force at 28.6.2022 by S.I. 2022/520, reg. 5(m)

[^key-1eabd05c308aceb8c1e38fd4d706516f]: Sch. 10 para. 26 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-1eceebf714aa9542cce9652e219bb27b]: Sch. 10 para. 6 not in force at Royal Assent, see s. 208(1)

[^key-2067bd366a822884b646eb13684cdd36]: Sch. 13 para. 3 not in force at Royal Assent, see s. 208(1)

[^key-20aad89e90d73dafddede8dcac6b8044]: Sch. 9 para. 5 not in force at Royal Assent, see s. 208(1)

[^key-20ddbc95db0d854cecd0f3c4b38d4d7e]: S. 7 in force at 26.10.2022 by S.I. 2022/1075, reg. 3(c)

[^key-211821b4ff2069344848b9ed5828699b]: Sch. 10 para. 30 not in force at Royal Assent, see s. 208(1)

[^key-214d82c1f4e3a612b4186b8a6f0355a7]: Sch. 4 para. 2 not in force at Royal Assent, see s. 208(1)

[^key-21665a4ec276ccb4a636946d29ac91df]: Sch. 13 para. 5 not in force at Royal Assent, see s. 208(1)

[^key-22585a11a95ea8ae7e22439e37211d96]: Sch. 12 para. 1 in force at 28.6.2022, see s. 208(5)(k)

[^key-22750398c51649aff0a82706963316f4]: Sch. 11 para. 7 not in force at Royal Assent, see s. 208(1)

[^key-22c684a78ae7ad83426714900eea6d2a]: S. 163 in force at Royal Assent, see s. 208(4)(t)

[^key-22d4290b422b4ecfd2bee81655dca903]: Sch. 11 para. 39 not in force at Royal Assent, see s. 208(1)

[^key-22ecb41c637d16fa77e7e6158c8a126c]: Sch. 11 para. 30 not in force at Royal Assent, see s. 208(1)

[^key-235e1933e3527317a629da166e05b8b5]: S. 147 in force at 28.6.2022, see s. 208(5)(p)

[^key-242994f0abeb4d318a7d83d2d3cf5586]: S. 73(5) in force at 28.6.2022 by S.I. 2022/520, reg. 5(j) (as amended by S.I. 2022/680, reg. 2(b))

[^key-244142297a76bf035b9c3900f0352930]: Sch. 17 para. 23 in force at 28.6.2022, see s. 208(5)(u)

[^key-24819cfcaa0a29ba8f3d12ac0a849f2a]: Sch. 4 para. 34 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-24a2748323aa7e92f6d26c99d360593e]: Sch. 10 para. 28 not in force at Royal Assent, see s. 208(1)

[^key-25583cccf2d60bc60a955014e395e845]: Sch. 19 para. 4 in force at 28.6.2022, see s. 208(5)(w)

[^key-26485d455d6ffbf6f5d803ec12bc8b70]: S. 127 in force at 28.6.2022, see s. 208(5)(l)

[^key-26acc747c14bd69bd84358ac927607c0]: S. 72 in force at Royal Assent, see s. 208(4)(m)

[^key-26b48d14fee8a30c5d3a8790bf37c0f0]: Sch. 11 para. 27 not in force at Royal Assent, see s. 208(1)

[^key-26feece44a33ac1ec7e0f69401ec43af]: S. 57 not in force at Royal Assent, see s. 208(1)

[^key-2791d1568d96ff4befad3035965c1cf2]: Sch. 9 para. 1 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-27a7ac0f5071e5a293fd8f1ec1d7207a]: Sch. 16 para. 15 in force at 28.6.2022, see s. 208(5)(t)

[^key-27d85f15dae1f58aea65fd7f79576164]: Sch. 20 para. 1 in force at 28.6.2022, see s. 208(5)(y)

[^key-281b2f7ae3241014ac4eaed2a15a7948]: Sch. 7 para. 11 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

[^key-285e33a088aef49f4bad10ed7b1c8792]: S. 128 in force at 28.6.2022, see s. 208(5)(l)

[^key-28d95ec0063a05bc09ba544e303edf11]: Sch. 6 para. 13 not in force at Royal Assent, see s. 208(1)

[^key-28e8420ed606a3143028bfbf7932fca0]: S. 107 not in force at Royal Assent, see s. 208(1)

[^key-297889db30c95e12742902cea41c9624]: Sch. 17 para. 20 in force at 28.6.2022, see s. 208(5)(u)

[^key-29a0cacaff7cf23bedb1a9e8df77f256]: S. 116 not in force at Royal Assent, see s. 208(1)

[^key-2a4e60219015bac09af553fff414df02]: S. 92 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-2a6bf3107a0a37bfbce9508fe3f409ca]: Sch. 10 para. 18 not in force at Royal Assent, see s. 208(1)

[^key-2ac1a7079a3cbe7799e7153b7f5ed312]: S. 76 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

[^key-2addbc82c8f71c5b066c9523103b6675]: Sch. 4 para. 14 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-2aedccae4cd3365325e51d48d1b29b7e]: S. 110 not in force at Royal Assent, see s. 208(1)

[^key-2af37c425b1132d61a94cb9e71edaee9]: Sch. 7 para. 2 not in force at Royal Assent, see s. 208(1)

[^key-2af3d0f1534c1b797b1f7767d19ee381]: S. 170 not in force at Royal Assent, see s. 208(1)

[^key-2b2240cca9246e3f782f72ce0536f977]: Sch. 21 para. 1 in force at 28.6.2022, see s. 208(5)(aa)

[^key-2b4826eb10186602ef8d6e0908c423de]: Sch. 4 para. 26 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-2b5cc94b6b416fa6ca086bafcfe3a09f]: S. 197 in force at 28.6.2022, see s. 208(5)(x)

[^key-2bd3cb32f0b6ebbd6df9b6ff16785b43]: S. 208 in force at Royal Assent, see s. 208(4)(ac)

[^key-2bfb8f1819654b8820d0cca6f1b5b870]: Sch. 7 para. 7 not in force at Royal Assent, see s. 208(1)

[^key-2c1892cbf42ccf91cbb80de7584d5825]: S. 189 in force at Royal Assent, see s. 208(4)(x)

[^key-2d18fdb0be1c6484e5d7252b4f2f4c87]: S. 201(2) in force at 28.6.2022 for specified purposes by S.I. 2022/704, regs. 1(2), 2

[^key-2dd47e77f38c0ec75ab7dd3e9aedb7f4]: Sch. 17 para. 13 in force at Royal Assent for specified purposes, see s. 208(4)(r)

[^key-2e24dd17adfe2a3b2149ade32376bf47]: Sch. 4 para. 29 not in force at Royal Assent, see s. 208(1)

[^key-2e33a5bec92d6c5778207cd5e0fb420f]: S. 175 not in force at Royal Assent, see s. 208(1)

[^key-2ebefbf7e834a499e5e491b6908f209e]: S. 83 in force at 28.6.2022, see s. 208(5)(i)

[^key-2f995d740bbe67ecfda3a166ebd1cdd3]: Sch. 7 para. 11 not in force at Royal Assent, see s. 208(1)

[^key-2fc356b0e26d68502cc1bb098dcb2ae4]: S. 69 in force at 1.8.2022 by S.I. 2022/520, reg. 7

[^key-2fd1fcda6aa0361c6910240d9d3f8960]: S. 21 not in force at Royal Assent, see s. 208(1)

[^key-302d98b1ec7baeb52c3301e84697d1a3]: S. 3 in force at 28.6.2022, see s. 208(5)(b)

[^key-30300ca58b4428d2e3d3d091202299b3]: S. 183 not in force at Royal Assent, see s. 208(1)

[^key-30c484f39d04b114366ae5ee1f364bd8]: S. 82 in force at Royal Assent for specified purposes, see s. 208(4)(n)

[^key-30f79b43ec81713003d90e6b4a93961f]: S. 157 in force at 28.6.2022, see s. 208(5)(t)

[^key-31a806c2980f04a84b5c43c9c64c25be]: Sch. 11 para. 20 not in force at Royal Assent, see s. 208(1)

[^key-329d830b05ec6a3807062341b043cf01]: Sch. 6 para. 5 in force at 28.6.2022 by S.I. 2022/520, reg. 5(g)

[^key-32ab9502b3f152d07f6a2563afa128c1]: Sch. 7 para. 17 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

[^key-32c42c5d500831b056b7be45fe89279a]: Sch. 16 para. 13 in force at 28.6.2022, see s. 208(5)(t)

[^key-32c7fc2548fd2446d92e793341d3eabb]: Sch. 13 para. 9 not in force at Royal Assent, see s. 208(1)

[^key-33f625ffc375b4843f4f04416e280258]: Sch. 13 para. 10 in force at 28.6.2022 by S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))

[^key-33fb3522d696b91bf203c7f141e37158]: S. 162 in force at 28.6.2022, see s. 208(5)(v)

[^key-342a62c5616067a3c6073fac8d8a2e35]: Sch. 20 para. 9 in force at 28.6.2022, see s. 208(5)(y)

[^key-3503b3cb8ad3a1b223388ea97ec359b6]: Sch. 4 para. 25 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-35558c652ab4bfd476cd338bcc96248c]: Words in s. 36(1) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 242(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-3646339d5fcbbe5b8a0d45d163955ea0]: S. 165 in force at Royal Assent for specified purposes, see s. 208(4)(u)

[^key-366e69f3aa7086eea05b378a073d8526]: S. 170 in force at 29.11.2022 by S.I. 2022/1227, reg. 3(c)

[^key-366ff56e0a4f2b75b708cebd2757340f]: Sch. 4 para. 33 not in force at Royal Assent, see s. 208(1)

[^key-36a9ed62447f8b0671d6066e48590405]: Sch. 11 para. 12 not in force at Royal Assent, see s. 208(1)

[^key-376654315b37ac4f74df0742f3f36d78]: Sch. 14 para. 2 in force at 28.6.2022, see s. 208(5)(r)

[^key-37f692e257b76e5971e6f61876c49f8f]: Sch. 10 para. 17 not in force at Royal Assent, see s. 208(1)

[^key-393e25cec13e1228b9cd3c8c3e6597d5]: Sch. 7 para. 3 not in force at Royal Assent, see s. 208(1)

[^key-3946c081b0984d299006ceba0f0b03d0]: Sch. 14 para. 12 in force at 28.6.2022, see s. 208(5)(r)

[^key-394b755c6800b4e7ec03675a8784f469]: S. 70 in force at 1.8.2022 by S.I. 2022/520, reg. 7

[^key-39f2f61b32d0f58e471d399e84aef2de]: S. 154 in force at 28.6.2022, see s. 208(5)(s)

[^key-39fb9c62b32801dbdf2e8cab2f8114e3]: Sch. 10 para. 18 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-3a0187639a29df9e4665fe4bed124a8f]: Sch. 16 para. 4 in force at 28.6.2022, see s. 208(5)(t)

[^key-3a8df17a63ef8bc951b98c14de9e2e7c]: S. 71 in force at Royal Assent, see s. 208(4)(l)

[^key-3ac82e2a80b3f2b57d87818d7079d743]: Sch. 10 para. 21 not in force at Royal Assent, see s. 208(1)

[^key-3afd2cf95dd08b0c71271718fd83ffae]: S. 95 not in force at Royal Assent, see s. 208(1)

[^key-3b3321afd74ccd4e641e2e68fcb3c424]: S. 18 not in force at Royal Assent, see s. 208(1)

[^key-3b6c498d751155fcdc02540f5ef40acc]: S. 62 not in force at Royal Assent, see s. 208(1)

[^key-3bcc9f896ea6cd1105c14a620e6bccfc]: S. 54 in force at 28.6.2022, see s. 208(5)(f)

[^key-3c2834b2090cc21e4ae20e0a982395a8]: Sch. 16 para. 10 in force at 28.6.2022, see s. 208(5)(t)

[^key-3d8111e25991e5813528c2a149a7d6cb]: Sch. 10 para. 26 not in force at Royal Assent, see s. 208(1)

[^key-3ddc34fad55e1179b45ec02d146db666]: S. 176 in force at 29.11.2022 by S.I. 2022/1227, reg. 3(i)

[^key-3e74e4cb60bc6aff5770fdce62a81c74]: S. 91 not in force at Royal Assent, see s. 208(1)

[^key-3e8a8ecc5be47588d77bb687495765e3]: S. 121 not in force at Royal Assent, see s. 208(1)

[^key-3f0a23a24b338b5fe35a9e7ec87fd96c]: Sch. 4 para. 27 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-3f1225bcc65e1c90d81101d915601dc7]: Sch. 21 para. 13 in force at 28.6.2022, see s. 208(5)(aa)

[^key-40049b7afdf45e084f0719d592d038d4]: Sch. 10 para. 34 not in force at Royal Assent, see s. 208(1)

[^key-409b81b705d89f370248c1ecf859d770]: Sch. 15 para. 3 in force at 28.6.2022, see s. 208(5)(s)

[^key-4432c1fdbef612c2215d1cc6fdbc93e3]: Sch. 14 para. 10 in force at 28.6.2022, see s. 208(5)(r)

[^key-44affab63ec877ef41c55eec9c624080]: S. 199 in force at Royal Assent, see s. 208(4)(aa)

[^key-44c533a496f422b043e666c1ff008244]: Sch. 11 para. 16 not in force at Royal Assent, see s. 208(1)

[^key-44eb19e67b1e4b53459e87718aea6636]: Sch. 11 para. 10 not in force at Royal Assent, see s. 208(1)

[^key-45a67968ccdefccfb98f5ca0993dea88]: Sch. 10 para. 29 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-464813398655e897b35efe737e29a81c]: Sch. 4 para. 20 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-4674d72c2f8d1562ef2777c4666e610a]: S. 133 not in force at Royal Assent, see s. 208(1)

[^key-468a1f9873fd0812a9f8bfb6d2a60e0a]: Sch. 11 para. 35 not in force at Royal Assent, see s. 208(1)

[^key-46f895323c5a821212a8c7f4d1a9c663]: Sch. 16 para. 12 in force at 28.6.2022, see s. 208(5)(t)

[^key-4774277f62492619f47cc919fecff704]: Sch. 16 para. 16 in force at 28.6.2022, see s. 208(5)(t)

[^key-47cff912ea4de3a0bce5fb6e71885674]: Sch. 4 para. 20 not in force at Royal Assent, see s. 208(1)

[^key-47d94c06628b39b52afbbf6af7df9768]: Sch. 16 para. 14 in force at 28.6.2022, see s. 208(5)(t)

[^key-48cac6ebd8c72d2da4eb35ffd92ae5a2]: Sch. 4 para. 8 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-4984fcfc66aaf889cd14e140768c23c7]: Sch. 4 para. 35 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-49a5edeb936808f2af703bb6aabff18b]: S. 190 in force at Royal Assent for specified purposes, see s. 208(4)(y)

[^key-49c1fc101bee9166a3b659afe8e1bd39]: Sch. 20 para. 6 in force at 28.6.2022, see s. 208(5)(y)

[^key-4a00dd5ab2165b73fcd8cf338c6291f6]: Sch. 4 para. 31 not in force at Royal Assent, see s. 208(1)

[^key-4a2a6293952bd4e543652dccfdb80d69]: Sch. 11 para. 13 not in force at Royal Assent, see s. 208(1)

[^key-4a976e1f2f6731c2b613c584567ddfaa]: S. 48 not in force at Royal Assent, see s. 208(1)

[^key-4a9d1bf01e408655982b3e160fc1bfc7]: Sch. 5 para. 2 in force at 28.6.2022, see s. 208(5)(d)

[^key-4a9d1c507efae517ea9e5ac1e4152f2e]: Sch. 13 para. 4 in force at 28.6.2022 by S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))

[^key-4abcd5a615e5b5b0020c74ff586aa16d]: S. 90 in force at 28.6.2022 in so far as not already in force by S.I. 2022/520, reg. 5(k)

[^key-4b081b93bdd057b7aa390e09d4522a41]: S. 78 not in force at Royal Assent, see s. 208(1)

[^key-4b510f1ea9f09ccbae428b1fb675207f]: Sch. 4 para. 17 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-4b6966a68e2b6fe3c20042b0c196f61c]: S. 45 not in force at Royal Assent, see s. 208(1)

[^key-4ba7dcc7e0c878742e743c07a10e2c31]: Words in s. 25(2)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 241(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-4bcf50e18ad2edd35c9fb78a0f67133c]: Sch. 21 para. 3 in force at 28.6.2022, see s. 208(5)(aa)

[^key-4bd9f9df371208552655426736d6a189]: Sch. 10 para. 32 not in force at Royal Assent, see s. 208(1)

[^key-4c0e7f5b1bc8659888ace7d9da50a594]: Sch. 13 para. 7 not in force at Royal Assent, see s. 208(1)

[^key-4cb6df2741b22098a232d1493d1734dd]: Sch. 5 para. 4 in force at 28.6.2022, see s. 208(5)(d)

[^key-4d037ebca764671bac181f1ed4995ac8]: Sch. 17 para. 9 in force at Royal Assent for specified purposes, see s. 208(4)(r)

[^key-4d28d6421ac0f44ccb584a1c301f9188]: S. 82 in force at 28.6.2022 in so far as not already in force by S.I. 2022/520, reg. 5(j)

[^key-4dabd47bb3044974a187bec6d2e4b703]: Sch. 10 para. 5 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-4de791cc19bc5b8a26144c0a6be4dd53]: S. 173 not in force at Royal Assent, see s. 208(1)

[^key-4eba4418e6a47dea63fc0263b63ca733]: Sch. 10 para. 8 not in force at Royal Assent, see s. 208(1)

[^key-4ec87afbec352eadcb1365361ace6304]: Sch. 7 para. 6 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

[^key-4fe2029d9061115bd8aebb63f0d2d74a]: S. 140 in force at Royal Assent, see s. 208(4)(q)

[^key-4fee7c001a92f506b583e869c54c02e8]: S. 43 not in force at Royal Assent, see s. 208(1)

[^key-500e4c32d9e328136806cd49cc961395]: S. 67 not in force at Royal Assent, see s. 208(1)

[^key-5063a05fa26de05af22b409ceec03edd]: S. 139 not in force at Royal Assent, see s. 208(1)

[^key-5063e3d2386eb8138bd6d992eb396823]: S. 179 in force at 29.11.2022 by S.I. 2022/1227, reg. 3(k)

[^key-51965b35c55c8feaf56f14092ca29ede]: S. 40 in force at 8.11.2022 by S.I. 2022/1075, reg. 5(d)

[^key-53bde091d291006ed2094cf1c647bb5c]: S. 14 in force at Royal Assent for specified purposes, see s. 208(4)(d)

[^key-5428f7824c6734670ef84fcb3ea28535]: Words in s. 36(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 242(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-55cbdfa5960f5f915bd780bfe83d108b]: S. 129 , see s. 208(1)

[^key-56523e3d354aa0b83d896b7f681266a3]: S. 177 not in force at Royal Assent, see s. 208(1)

[^key-56e3b71c9959c049480546c005a8da31]: S. 84 in force at 28.6.2022, see s. 208(5)(i)

[^key-574c86ddf84ecf27de7d3faa94b682c7]: Sch. 11 para. 34 not in force at Royal Assent, see s. 208(1)

[^key-574fd2dcf77357a84c6275fff0a15ad3]: S. 38 not in force at Royal Assent, see s. 208(1)

[^key-57d01c3adf32cad68bcaba7612073080]: Sch. 7 para. 8 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

[^key-58064f41e2517047c9637dc67a82618f]: Sch. 11 para. 29 not in force at Royal Assent, see s. 208(1)

[^key-581c7b5d744845f52943ec0c7756be64]: Sch. 8 para. 4 in force at 28.6.2022, see s. 208(5)(i)

[^key-5876b5a396d0534a85d8458aa261c6db]: S. 148 in force at 28.6.2022, see s. 208(5)(p)

[^key-58bd4df1fdeb4d9083aa8e6bb10cafe6]: Words in s. 25(3)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 241(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-58f3a27dfdd39c0b8334ac64e03d00d1]: S. 99 not in force at Royal Assent, see s. 208(1)

[^key-5920a53b2ec3849ec7bc2efe7d367050]: Sch. 13 para. 7 in force at 28.6.2022 by S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))

[^key-59409aab110bf8feb893d31a5374e1b1]: S. 137(1)(2) in force at 28.6.2022 by S.I. 2022/520, reg. 5(o)

[^key-59527058277b3fe11248c60861a03487]: Sch. 3 Pt. 2 in force at 8.11.2022 by S.I. 2022/1075, reg. 5(h)

[^key-5958c98f72ca314be921a42dc238fd59]: S. 38 in force at 8.11.2022 by S.I. 2022/1075, reg. 5(b)

[^key-5a27680134e650af1fe8875c63354879]: S. 150 in force at 28.6.2022, see s. 208(5)(q)

[^key-5af9d70cd503c54be506a331d85c42f0]: Sch. 11 para. 15 not in force at Royal Assent, see s. 208(1)

[^key-5b7a534f7fd2584b34c5f9f520f86e77]: S. 49 in force at 28.6.2022 by S.I. 2022/520, reg. 5(f)

[^key-5baf5b2bffadb95894590ee1d29e4395]: Sch. 11 para. 24 not in force at Royal Assent, see s. 208(1)

[^key-5c23f5b8e6824da4bf39b264c549dec4]: S. 124 in force at 28.6.2022, see s. 208(5)(k)

[^key-5c2d294e99beb28db094ff16fa4e3033]: S. 106 not in force at Royal Assent, see s. 208(1)

[^key-5c3aa118a1a0220347e64517ee96ec19]: Sch. 19 para. 3 in force at 28.6.2022, see s. 208(5)(w)

[^key-5c894db56d49fef47a20a814448dac95]: Sch. 13 para. 8 in force at 28.6.2022 by S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))

[^key-5d347a9a5b1030777427ca578ae9c2c0]: S. 178 not in force at Royal Assent, see s. 208(1)

[^key-5da6d9506f7b5802d564dc93e94777d8]: S. 16 not in force at Royal Assent, see s. 208(1)

[^key-5dc77acf3bde730077503f3d42617b65]: Sch. 4 para. 6 not in force at Royal Assent, see s. 208(1)

[^key-5dda3f1994fa5ed49b7e86c7c282709d]: Sch. 4 para. 1 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-5dece8bfe250930ac71bddf7dd356a25]: S. 30 not in force at Royal Assent, see ss. 34, 208(1)

[^key-5e17d2d00af9db7a73c57759334c40fc]: S. 49 not in force at Royal Assent, see s. 208(1)

[^key-5ea22cfc0a2c9f4eec86a3e4865152f2]: Sch. 19 para. 2 in force at 28.6.2022, see s. 208(5)(w)

[^key-5ea947944e8f30455e3c2aed17433296]: S. 36 in force at Royal Assent, see s. 208(4)(k)

[^key-5ed020254a5135c8426d21ec27cd366a]: S. 28 not in force at Royal Assent, see ss. 34, 208(1)

[^key-5f3feadb4182a50f2e282055d541dec1]: S. 64 not in force at Royal Assent, see s. 208(1)

[^key-5fa7740d76ac8e36c810dc61f1c1aa8b]: Sch. 10 para. 34 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-6004e990d2608d1ec1608d00be716642]: Sch. 10 para. 7 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-6240bd277c045e6cbe0d3557a7947a35]: Sch. 7 para. 16 not in force at Royal Assent, see s. 208(1)

[^key-62419125b522490e757cae9fb3222df1]: S. 180 not in force at Royal Assent, see s. 208(1)

[^key-625304ab2ba1ea072bfd13f5e51b68ae]: Sch. 11 para. 8 not in force at Royal Assent, see s. 208(1)

[^key-62a39c4646d6a3fc3f38e5d7a593dfcd]: Sch. 6 para. 14 not in force at Royal Assent, see s. 208(1)

[^key-62f965835ed944884d81fbf1005b264e]: Sch. 10 para. 17 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-6326ac9d7f17ab8b2253ed652f62a2c9]: S. 4 in force at Royal Assent for specified purposes, see s. 208(4)(a)

[^key-638e798b86a02f401b45b518a0ae9f34]: S. 129(1)(3)(a)(c)(d) in force at 28.6.2022 by S.I. 2022/520, reg. 5(n)

[^key-63e6cd00ae21ec22e116f15160926803]: S. 113 not in force at Royal Assent, see s. 208(1)

[^key-6420352c89b6116c24ccf0a59b6d18b3]: S. 134 in force at 28.6.2022 by S.I. 2022/520, reg. 5(o)

[^key-64207974c3b75b6677f0e9e0fcdb2878]: S. 20 in force at Royal Assent for specified purposes, see s. 208(4)(f)

[^key-64446acd4992f90968ce77d8afc2f0a9]: Sch. 6 para. 7 in force at 28.6.2022 by S.I. 2022/520, reg. 5(g)

[^key-6445d660b976ac7c28c1a649c4ef4ddb]: Sch. 7 para. 14 not in force at Royal Assent, see s. 208(1)

[^key-644c27fe33b1431898d900a14c6e5cec]: S. 75 not in force at Royal Assent, see s. 208(1)

[^key-644f438a5ef9577b886ff80479664124]: Sch. 7 para. 13 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

[^key-646cc8de98e255ccc7e47e7f0e5d36a1]: Sch. 13 para. 4 not in force at Royal Assent, see s. 208(1)

[^key-64ae95414c79ab0debb6a94734b5c43f]: S. 146 in force at 28.6.2022, see s. 208(5)(p)

[^key-657261acf6374ec45ba7d581e54eca58]: Sch. 10 para. 25 not in force at Royal Assent, see s. 208(1)

[^key-65e0440695b8ee8b01f1820ec4e6917a]: S. 56(2) in force at 28.6.2022 by S.I. 2022/520, reg. 5(h)

[^key-66773315e9c637d967e6dadc753ed5de]: Sch. 4 para. 1 not in force at Royal Assent, see s. 208(1)

[^key-6679f4040242e4e92d1c30ae046ffa54]: Sch. 10 para. 23 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-675a162641ee07102aba123a56af9fc5]: Sch. 4 para. 17 not in force at Royal Assent, see s. 208(1)

[^key-6811f48323cea87b760bd83c4631e23d]: Sch. 10 para. 5 not in force at Royal Assent, see s. 208(1)

[^key-684142669a179ddb9d309ca77ae07ee9]: Sch. 10 para. 24 not in force at Royal Assent, see s. 208(1)

[^key-6885040590b593ae61b2f48f966e8d66]: Sch. 11 para. 26 not in force at Royal Assent, see s. 208(1)

[^key-68d54b84c096bcc76d29d213eb3f9b7e]: S. 144 in force at 28.6.2022, see s. 208(5)(p)

[^key-692b9415e341bbc18d1981c424780510]: Sch. 13 para. 1 not in force at Royal Assent, see s. 208(1)

[^key-69827974ba420345874761cea642827b]: Sch. 13 para. 6 in force at 28.6.2022 by S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))

[^key-6a2b211a29c6ad5ea1448525aab7aebd]: Sch. 14 para. 7 in force at 28.6.2022, see s. 208(5)(r)

[^key-6a3ecf466d38fa41037feecee50f81c2]: Sch. 5 para. 7 in force at 28.6.2022, see s. 208(5)(d)

[^key-6aec57f7198f90c2b1fdaab5498eab2e]: S. 160 in force at 28.6.2022, see s. 208(5)(t)

[^key-6af7d848f10e60835acc4ffdf5987be4]: Sch. 11 para. 1 not in force at Royal Assent, see s. 208(1)

[^key-6b9a4899178159dbed5112f52397b785]: S. 34 in force at Royal Assent, see s. 208(4)(k)

[^key-6bab7fd9ddb9d77b76bca681e5959b4d]: Sch. 11 para. 3 not in force at Royal Assent, see s. 208(1)

[^key-6bb06562c243674defd785130af636fd]: Sch. 4 para. 22 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-6c64423485b7c0f508d0f733ddb42ab8]: Sch. 15 para. 1 in force at 28.6.2022, see s. 208(5)(s)

[^key-6c868a08ba3221a5c5d001c8a8263174]: S. 55 not in force at Royal Assent, see s. 208(1)

[^key-6dc8874bc88b26c88c8e8c2d690f9756]: S. 155 not in force at Royal Assent, see s. 208(1)

[^key-6e0ed36c83a9eb2813e2983c5d75b070]: S. 50 in force at 28.6.2022, see s. 208(5)(c)

[^key-6e1bab5910f9c077c36c1cc6dae925e4]: S. 156 in force at 28.6.2022 by S.I. 2022/520, reg. 5(s)

[^key-6e6c88221b9fcffbf7b8a3509e3bc4b1]: Sch. 9 para. 5 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-6ec306e973454620e7389c3d43e3c232]: Sch. 13 para. 5 in force at 28.6.2022 by S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))

[^key-6f4b65fc7067be48e45f1e0b2171b8ba]: Sch. 21 para. 2 in force at 28.6.2022, see s. 208(5)(aa)

[^key-6f59c097141dac2734166f0c48ee92a0]: S. 105 not in force at Royal Assent, see s. 208(1)

[^key-6fdbfa4e60215509baf3f952db9473af]: Sch. 4 para. 2 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-6ff4e37f5c38a9f4ad8c66c759a098c1]: Sch. 4 para. 26 not in force at Royal Assent, see s. 208(1)

[^key-71003a3a0578563a492088b6019c8c8d]: Sch. 9 para. 2 not in force at Royal Assent, see s. 208(1)

[^key-722120f3d85c85905ac4223018046fe0]: Sch. 7 para. 1 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

[^key-7226f8ee29bf8a9b3611a8b5ba4f61f1]: Sch. 16 para. 9 in force at 28.6.2022, see s. 208(5)(t)

[^key-72c7ee5c0746799dd502af10de573f51]: S. 42(8)-(12) in force at 8.11.2022 by S.I. 2022/1075, reg. 5(f)

[^key-731857dd3115a178a7ad745895ac10dd]: Sch. 17 para. 14 in force at Royal Assent for specified purposes, see s. 208(4)(r)

[^key-74864534805ddcd211abbea4e943b134]: Sch. 17 para. 6 in force at Royal Assent for specified purposes, see s. 208(4)(r)

[^key-74bd9d0d30a6cc4b5cd43d9033ed0f9a]: Sch. 11 para. 22 not in force at Royal Assent, see s. 208(1)

[^key-75002d5f033c74fd0d9223a27f3e0f18]: S. 1 in force at 28.6.2022 by S.I. 2022/520, reg. 5(a)

[^key-75079d3b2d4e8097011b06c79fa4bb34]: Sch. 7 para. 14 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

[^key-75c41416c89fb776423c3013636e6d7d]: S. 111 not in force at Royal Assent, see s. 208(1)

[^key-75d6e273a367093d70f0567be8c266c4]: S. 8 in force at Royal Assent for specified purposes, see s. 208(4)(b)

[^key-76054f003ef5345ea06a06fd5c503ceb]: S. 174 not in force at Royal Assent, see s. 208(1)

[^key-761b9565611ed0d6a1344cdace50cdbd]: Sch. 4 para. 4 not in force at Royal Assent, see s. 208(1)

[^key-768cdac4e28ab324c4566b9d3c619376]: Sch. 10 para. 31 not in force at Royal Assent, see s. 208(1)

[^key-76ec226a7f7af1531ef05308537394e8]: Sch. 4 para. 34 not in force at Royal Assent, see s. 208(1)

[^key-786603da2b8ad1638a5ae79883556a2e]: Sch. 4 para. 21 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-792cd945174c30a5cb5db9fa0dd37f50]: Sch. 16 para. 1 in force at 28.6.2022, see s. 208(5)(t)

[^key-7932a1ebfbc30ce0ccd3f109a2acd041]: Sch. 18 para. 3 not in force at Royal Assent, see s. 208(1)

[^key-795bee79bc9fd2c6252eaaa0324b1ccc]: S. 181 not in force at Royal Assent, see s. 208(1)

[^key-796a09be48e0c16fd3603a433d3c4e6f]: S. 65 in force at 1.8.2022 by S.I. 2022/520, reg. 7

[^key-79cff2e596da81d60279c01f91f5f361]: Sch. 7 para. 7 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

[^key-7a39311078e6958218b55b15a77b44ce]: Sch. 21 para. 12 in force at 28.6.2022, see s. 208(5)(aa)

[^key-7a4e87b592f1c21ab60a7e16550a5eab]: S. 51 in force at 28.6.2022, see s. 208(5)(d)

[^key-7ab0e8fa60a31418cb2d2d3097b9b960]: Sch. 4 para. 16 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-7c3b73e2426b682f7d0c132f97dda7e3]: S. 42 not in force at Royal Assent, see s. 208(1)

[^key-7c807c3c48f061647f137cf1d121e5c1]: Sch. 10 para. 12 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-7cba50e29ac9dc05585a30e255d164d0]: Sch. 4 para. 11 not in force at Royal Assent, see s. 208(1)

[^key-7cf29269a2a3049c5009bcbfd0c6e5f1]: S. 168 in force at 29.11.2022 by S.I. 2022/1227, reg. 3(a)

[^key-7d8d4a1f4534ee817c769fc155485e1a]: Sch. 10 para. 22 not in force at Royal Assent, see s. 208(1)

[^key-7e2355fdd98b4d3413a4718496b777b9]: Sch. 17 para. 8 in force at Royal Assent for specified purposes, see s. 208(4)(r)

[^key-7e2eae129e5771590001eb6fd1f32d47]: Sch. 4 para. 12 not in force at Royal Assent, see s. 208(1)

[^key-7e536516e11ef753decd776e318c7489]: S. 31 in force at Royal Assent, see s. 208(4)(i)

[^key-7eb7975d25faec692a202952cec4ef01]: Sch. 4 para. 6 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-7f301d713a6287848874d7d3aa3dde8e]: Sch. 9 para. 1 not in force at Royal Assent, see s. 208(1)

[^key-7f4a52d98a8ba6d6b950709a112751fe]: Sch. 21 para. 8 in force at 28.6.2022, see s. 208(5)(aa)

[^key-7fde6d63aca91e8cf15cd852697691b5]: Sch. 14 para. 11 in force at 28.6.2022, see s. 208(5)(r)

[^key-7ff69a355d5d557e49ee83fc6e203ac1]: S. 96 not in force at Royal Assent, see s. 208(1)

[^key-806157ff6da35d0acd731ad4306ff0da]: Sch. 4 para. 29 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-80a0d70af09e658d11148ec60c28cc3b]: Sch. 10 para. 16 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-81220dac7fa51c42e6b482d9959aa958]: S. 64 in force at 1.8.2022 by S.I. 2022/520, reg. 7

[^key-8153389d8adee843eb1f15ea9120bec2]: Sch. 6 para. 9 not in force at Royal Assent, see s. 208(1)

[^key-81ec1f104d1061bf31d60407c536d37d]: S. 141 in force at Royal Assent, see s. 208(4)(q)

[^key-8210294552dc9b64bf1ae49810445936]: Sch. 9 para. 3 not in force at Royal Assent, see s. 208(1)

[^key-8220468bebc7e704e4c3088ca54b0b86]: Sch. 6 para. 1 in force at 28.6.2022 by S.I. 2022/520, reg. 5(g)

[^key-827bdea510f271397bec374c5f4dbfef]: Sch. 7 para. 16 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

[^key-82965c8692680150d7b610f8165c13ec]: S. 138 in force at 28.6.2022, see s. 208(5)(o)

[^key-82b0ff4f734056b6acc5fcdabeac10c8]: Sch. 17 para. 22 in force at 28.6.2022, see s. 208(5)(u)

[^key-834efd021a9ee52341e7f47bc956d11a]: Sch. 6 para. 6 in force at 28.6.2022 by S.I. 2022/520, reg. 5(g)

[^key-83594abc6cfc33731523c844928a3d9e]: S. 109 not in force at Royal Assent, see s. 208(1)

[^key-83e762e860e7c91a72aeca442c612582]: S. 90 in force at Royal Assent for specified purposes, see s. 208(4)(o)

[^key-8409827e5a2b258b1c81cbbad954bb16]: Sch. 10 para. 31 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-8491e2689646a5fda8f003b7b705d48a]: S. 114 not in force at Royal Assent, see s. 208(1)

[^key-84a062a39bd718ddad47c1c1376d2467]: S. 80 not in force at Royal Assent, see s. 208(1)

[^key-84c4c254006f5316e544f34e037005e0]: S. 161(1) in force at Royal Assent for specified purposes, see s. 208(4)(r)

[^key-8560c56b1191799b0dae20592d67811d]: Sch. 7 para. 9 not in force at Royal Assent, see s. 208(1)

[^key-859dbd8a11e3f5370895e1b4366940c6]: S. 89 not in force at Royal Assent, see s. 208(1)

[^key-860ba91f92ced92ae09d490daddbc6f6]: S. 209 in force at Royal Assent, see s. 208(4)(ac)

[^key-8637dbcb749447b37eb876bd92e61aa4]: Sch. 10 para. 13 not in force at Royal Assent, see s. 208(1)

[^key-88d43d5071e5e3425f2b6f5a2a59fd54]: Sch. 3 Pt. 1 not in force at Royal Assent, see s. 208(1)

[^key-88d51e3dae10bf1921f0206e3efb3da4]: Sch. 10 para. 14 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-892c627003c41c6df906b75c4a40a08b]: S. 74(1)-(6) in force at 28.6.2022 by S.I. 2022/520, reg. 5(i)

[^key-893efc633b8b303e1ed0886d1defec60]: Sch. 17 para. 12 in force at Royal Assent for specified purposes, see s. 208(4)(r)

[^key-893fcee6d267e540d5b5f71773d047c5]: Sch. 10 para. 2 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-89823287f9524f6ce710046afce8c6b4]: S. 76 not in force at Royal Assent, see s. 208(1)

[^key-89af2a85f8727ac45f125825809d2b6f]: Sch. 11 para. 19 not in force at Royal Assent, see s. 208(1)

[^key-89e08e11c633b79109c3a42ad8bb8ba7]: S. 167(1) in force at 28.6.2022 by S.I. 2022/520, reg. 5(t)

[^key-8a50f40c0b5dbdafa8d759518d3d6aa9]: Sch. 5 para. 3 in force at 28.6.2022, see s. 208(5)(d)

[^key-8a598b0b853ced898ac8727e538cf4cc]: S. 11 in force at Royal Assent for specified purposes, see s. 208(4)(b)

[^key-8a5b65facc6003763b1fce90cb7fe40e]: S. 203 in force at Royal Assent, see s. 208(4)(ac)

[^key-8ab013675493e847bb189abef71c18a6]: Sch. 10 para. 9 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-8aef67a1bf328464e05d9b31a37f9045]: Sch. 9 para. 2 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-8b02c67b75581c6ac71ec3e325692fbe]: Sch. 17 para. 3 in force at Royal Assent for specified purposes, see s. 208(4)(r)

[^key-8b5225e3697555ee2201e3f5d54d0329]: S. 185 in force at 28.6.2022, see s. 208(5)(w)

[^key-8b690b2f599990c7c900f2d889d27d99]: S. 117 not in force at Royal Assent, see s. 208(1)

[^key-8bbe4b59b49e73591a3508c0f20c6e04]: S. 173 in force at 29.11.2022 by S.I. 2022/1227, reg. 3(f)

[^key-8c2130718aea6e8359070a2817268d68]: Words in Sch. 1 Table substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 243(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-8ddcf26d912810fa6ec8f823852cc09c]: S. 169 in force at 29.11.2022 by S.I. 2022/1227, reg. 3(b)

[^key-8ed02b620be1b270f799bb6e3489e95a]: Sch. 10 para. 19 not in force at Royal Assent, see s. 208(1)

[^key-8ed541b0ce7f411dc6f291c638fe9318]: Sch. 10 para. 21 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-8f238c4b2bbf6e7b573d695053a25dff]: Sch. 5 para. 1 in force at 28.6.2022, see s. 208(5)(d)

[^key-9061dab798b4cdaec29d3dad6dc5ef7a]: Sch. 20 para. 3 in force at 28.6.2022, see s. 208(5)(y)

[^key-906b2cc7d4237954e92985d77ae3eea4]: S. 168 not in force at Royal Assent, see s. 208(1)

[^key-9072a407d23cccb1e07ba209195caf7d]: Sch. 4 para. 10 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-90d4c2667400eea32084d4694204b908]: Sch. 4 para. 3 not in force at Royal Assent, see s. 208(1)

[^key-90d6d3097f9c63f04761da11f23982b7]: Sch. 4 para. 9 not in force at Royal Assent, see s. 208(1)

[^key-91ad0e481375b3fe6572af7152bfe643]: S. 56 not in force at Royal Assent, see s. 208(1)

[^key-91d652ae57cb62af3c2d8bec5b33428f]: Sch. 10 para. 32 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-9286ecb3248c1db2934bf98ca0837736]: Sch. 4 para. 13 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-928d43c214bdf3475172bdfce88d3df6]: Sch. 17 para. 18 in force at 28.6.2022, see s. 208(5)(u)

[^key-9290b7309c873d043691bffea6636b7a]: S. 46 in force at 28.6.2022 by S.I. 2022/520, reg. 5(d)

[^key-9300c437bea472c7d637163930b3f77d]: S. 80 in force at 12.5.2022 by S.I. 2022/520, reg. 4(b) (with reg. 8)

[^key-93bce3ac69b274759a92377d6212e0ab]: Sch. 6 para. 4 not in force at Royal Assent, see s. 208(1)

[^key-9430c7cafaaeedf01b2717ad3e56bff3]: S. 19 in force at Royal Assent for specified purposes, see s. 208(4)(e)

[^key-9531b4e9b51de95e1d841b1818d1ce15]: Sch. 18 para. 1 not in force at Royal Assent, see s. 208(1)

[^key-958b6ed06cd09ac862655eb82c420938]: Sch. 4 para. 5 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-961d6d7d56d81c6382db8935de2badd9]: Sch. 16 para. 6 in force at 28.6.2022, see s. 208(5)(t)

[^key-96f514a8e7b5fe799ca8a939d7237a20]: S. 134 not in force at Royal Assent, see s. 208(1)

[^key-97166e2c0a3dad35aebebeb6775b9946]: Sch. 7 para. 12 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

[^key-971f33d2d72a92b2433cb4b0f3ff6046]: Sch. 4 para. 19 not in force at Royal Assent, see s. 208(1)

[^key-993edfd5c36ba8b380c8c5995a7ab82d]: S. 78 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

[^key-998567faebbbcd181fb1ce83344aa5a7]: S. 55 in force at 28.6.2022 by S.I. 2022/520, reg. 5(g)

[^key-99a23501f087b0b49d6100086f02d416]: Sch. 8 para. 3 in force at 28.6.2022, see s. 208(5)(i)

[^key-9a78ea668dcba9447cb069c28438aaae]: S. 41 in force at 8.11.2022 by S.I. 2022/1075, reg. 5(e)

[^key-9aaf2f533ae5252b5a255abdaeb3e732]: S. 70 not in force at Royal Assent, see s. 208(1)

[^key-9b322a70c0f952b5e134c4758d003403]: Sch. 7 para. 6 not in force at Royal Assent, see s. 208(1)

[^key-9b69f30434f169a91e4b2d15ee222d99]: S. 182 not in force at Royal Assent, see s. 208(1)

[^key-9b754a91484bc043257d61f0021f368b]: Sch. 17 para. 5 in force at Royal Assent for specified purposes, see s. 208(4)(r)

[^key-9bb4adb543743963adf092d574d8a337]: Sch. 4 para. 11 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-9bb7e4f226bbee88091dc3ed041a46a3]: Sch. 10 para. 27 not in force at Royal Assent, see s. 208(1)

[^key-9bdd4f0d77eba36f140feb042cb38cfe]: S. 39 in force at 8.11.2022 by S.I. 2022/1075, reg. 5(c)

[^key-9bdebf42c2887be5031707623841a285]: S. 42(1)-(7) in force at 12.5.2022 by S.I. 2022/520, reg. 4(a)

[^key-9c0d8ff5ebee19373e7ff0315178a54e]: S. 45 in force at 26.10.2022 for specified purposes by S.I. 2022/1075, reg. 3(d)

[^key-9c6db2136797f041906c39223838cdf8]: Sch. 17 para. 10 in force at Royal Assent for specified purposes, see s. 208(4)(r)

[^key-9c766bc9a2e6cefb595e6b313106ab8a]: S. 171 in force at 29.11.2022 by S.I. 2022/1227, reg. 3(d)

[^key-9cbb43c341b5ea1668fe194180e45363]: Words in s. 36(1) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 242(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-9d170cf222270b7a7703e92c0901635c]: Sch. 10 para. 19 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-9d293acf603c72e83b4959a7adfdef93]: S. 56(1) in force at 28.6.2022 by S.I. 2022/520, reg. 5(g)

[^key-9dac099a754e6e8aeab116ecf91c3dd4]: S. 190 in force at 29.6.2022 in so far as not already in force by S.I. 2022/520, reg. 6(a)

[^key-9e1bec3aa54b98a3873c79146abe5523]: Sch. 4 para. 36 not in force at Royal Assent, see s. 208(1)

[^key-9e4126d2472d6e749dc9eef621287072]: Sch. 14 para. 1 in force at 28.6.2022, see s. 208(5)(r)

[^key-9e6a33c02379fbaa8b7ddf71642a92ef]: Sch. 14 para. 6 in force at 28.6.2022, see s. 208(5)(r)

[^key-9ece461cd0d05f561e703ca8246083ee]: Sch. 21 para. 11 in force at 28.6.2022, see s. 208(5)(aa)

[^key-9f87941cbe0371c200ba1cf28b20dd78]: S. 161(2)-(9) in force at Royal Assent, see s. 208(4)(s)

[^key-9fe150a0b972d6cdd3a4bc7e57c34bca]: S. 198 in force at Royal Assent, see s. 208(4)(aa)

[^key-a06956769d488b81ae75b802f448cd54]: Sch. 13 para. 10 not in force at Royal Assent, see s. 208(1)

[^key-a0e3b5a4c3f1174f216dce662da9713f]: Sch. 13 para. 2 in force at 28.6.2022 by S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))

[^key-a100324534990a5fc0b951de6b9e7395]: S. 159 in force at 28.6.2022, see s. 208(5)(t)

[^key-a12eecf086b327e35a16e514e29cfdee]: S. 135 in force at 28.6.2022, see s. 208(5)(n)

[^key-a151a075b5ac6e220366b8cc106fad7d]: S. 35 in force at Royal Assent, see s. 208(4)(k)

[^key-a2ac44d07764b7512ddb7f450328d7de]: Sch. 12 para. 5 in force at 28.6.2022, see s. 208(5)(k)

[^key-a3265a4ebfa01296efe85512298d4765]: S. 67 in force at 1.8.2022 by S.I. 2022/520, reg. 7

[^key-a339ae9914830ff599cfdc1c4ac038a3]: Sch. 4 para. 19 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-a3b3e9993e6e97f346d2d8b45b5d45d3]: Sch. 12 para. 2 in force at 28.6.2022, see s. 208(5)(k)

[^key-a3df68fb3b56da5836900acf83b296bf]: Sch. 7 para. 2 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

[^key-a50f13255146339f9158ccbcaead848b]: S. 61 not in force at Royal Assent, see s. 208(1)

[^key-a54489559a56a6fd619434add0ee4928]: S. 5 in force at 26.10.2022 by S.I. 2022/1075, reg. 3(a)

[^key-a55ca88b8bce841d266c75dff29b5b7c]: Sch. 21 para. 10 in force at 28.6.2022, see s. 208(5)(aa)

[^key-a5744585d4a3e9b999df4c9d0f61a928]: S. 27 not in force at Royal Assent, see ss. 34, 208(1)

[^key-a5cd0164a4f1a1f4319b667106e64a00]: S. 43 in force at 8.11.2022 by S.I. 2022/1075, reg. 5(g)

[^key-a5fe3043736ab152bae306c3d83af5fd]: Sch. 2 in force at Royal Assent for specified purposes, see s. 208(4)(b)

[^key-a601f38a841eee34d9267ecb080610ff]: S. 169 not in force at Royal Assent, see s. 208(1)

[^key-a604822767ed385c15adfc7327f63273]: Sch. 4 para. 8 not in force at Royal Assent, see s. 208(1)

[^key-a62ad62fa489455a56baee0d6242185e]: S. 192 not in force at Royal Assent, see s. 208(1)

[^key-a6481eca0c0e1245e7b4c4257b0c5b5a]: Sch. 12 para. 7 in force at 28.6.2022, see s. 208(5)(k)

[^key-a6675a42894efa891fcf2129768af1eb]: Sch. 6 para. 11 in force at 28.6.2022 by S.I. 2022/520, reg. 5(g)

[^key-a6b96c40bdc0de2da4b1b8f30d5642fc]: Sch. 14 para. 9 in force at 28.6.2022, see s. 208(5)(r)

[^key-a7cbef279a41cf3bece25830da5c9221]: Sch. 17 para. 15 not in force at Royal Assent, see s. 208(1)

[^key-a8b9d1c40efb5b5958b0345108ad9678]: S. 91 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-a9114380df1bd46c2d4a10181ee5f03b]: S. 205 in force at Royal Assent, see s. 208(4)(ac)

[^key-aa0300c12018166342ff4b431f5bc23d]: Sch. 4 para. 24 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-aac55079d5ff33a355f35b8115939208]: Sch. 3 Pt. 3 in force at 8.11.2022 by S.I. 2022/1075, reg. 5(h)

[^key-aae8f6aae0b7d54aa84e0cf2f7aee966]: Sch. 16 para. 11 in force at 28.6.2022, see s. 208(5)(t)

[^key-ab0f03c5f17d7a27f99c1739ec10e5fb]: S. 143 in force at Royal Assent, see s. 208(4)(q)

[^key-abb24d3e2aabb267b44b29b119fd5c2d]: Sch. 4 para. 30 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-ac9037b6065c1087e1e02081b452b49a]: Sch. 12 para. 6 in force at 28.6.2022, see s. 208(5)(k)

[^key-ad26231bb2c333db30de931700010e28]: Sch. 11 para. 23 not in force at Royal Assent, see s. 208(1)

[^key-ad68ce9f4aafc1a3aab7b821653c2d60]: Sch. 17 para. 19 in force at 28.6.2022, see s. 208(5)(u)

[^key-ae0e2bdd28d5ffb42a1c69c9bd452bd3]: Sch. 10 para. 22 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-ae514d156788834ab7b98c3d619dbfb0]: Sch. 6 para. 11 not in force at Royal Assent, see s. 208(1)

[^key-ae7ef9566bd2e9edde31a6e450185c85]: Sch. 18 para. 4 not in force at Royal Assent, see s. 208(1)

[^key-aef509c1ff0e622e07ef84adbbc879f2]: Sch. 4 para. 9 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-af2f860b83ee8b6f8a175523407cb04e]: Sch. 11 para. 25 not in force at Royal Assent, see s. 208(1)

[^key-afa24d105c18ae1201f0dac842b41198]: S. 200 in force at 28.6.2022, see s. 208(5)(y)

[^key-b005bc4ab936e7d1c19ea1c2f2eb9c12]: Sch. 10 para. 29 not in force at Royal Assent, see s. 208(1)

[^key-b0976fe4f4f5727d16a89a3dafc7802e]: Sch. 9 para. 4 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-b10541a8bbd9f9ca709ee0551019dfa6]: S. 13 in force at Royal Assent, see s. 208(4)(c)

[^key-b159979ded71bc7914e7f43d8f83573a]: Sch. 10 para. 15 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-b19c8f795ed06d7f9ba95e1b8216ec61]: Sch. 6 para. 5 not in force at Royal Assent, see s. 208(1)

[^key-b1cfd05456b4d48c9104650afe54efe9]: S. 97 not in force at Royal Assent, see s. 208(1)

[^key-b1e65be8770fe235cd0cce6019d5c278]: Sch. 11 para. 2 not in force at Royal Assent, see s. 208(1)

[^key-b20c0eb67d884b6fda030e7b4dba70d1]: Sch. 13 para. 9 in force at 28.6.2022 by S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))

[^key-b219dee41a556416e328553e4d468b3a]: S. 33 not in force at Royal Assent, see ss. 34, 208(1)

[^key-b2810be1ce936f6ebb3d28429af3ce70]: Sch. 1 in force at Royal Assent for specified purposes, see s. 208(4)(b)

[^key-b2a8b7ed071f5c76d7ccc4031522e272]: S. 119 not in force at Royal Assent, see s. 208(1)

[^key-b2f0f466b34f97ad269e4a46349cf212]: Sch. 14 para. 4 in force at 28.6.2022, see s. 208(5)(r)

[^key-b3b0351fb309138b9d7cd010689cfb0b]: S. 9 in force at Royal Assent for specified purposes, see s. 208(4)(b)

[^key-b4842a6fee483dee40cfc1197d29cc48]: Sch. 12 para. 4 in force at 28.6.2022, see s. 208(5)(k)

[^key-b499933edeab0cb2bf7ef3ddecad0e37]: S. 136 not in force at Royal Assent, see s. 208(1)

[^key-b49993d4704607c36cf84e8d4af3dac5]: Sch. 4 para. 15 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-b50ea83c372896bfb410af76b32bee41]: Sch. 11 para. 5 not in force at Royal Assent, see s. 208(1)

[^key-b618eec08ab8cbc89848867737177a25]: Sch. 10 para. 25 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-b6397174ae9bcbbc9b4db15af939b842]: Sch. 10 para. 20 not in force at Royal Assent, see s. 208(1)

[^key-b6486523982451a3a270079384fd9a90]: S. 133 in force at 28.6.2022 by S.I. 2022/520, reg. 5(o)

[^key-b6854198cda5842d15c46b079374ce1f]: Sch. 4 para. 28 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-b692c6b2ab13e3a1011dec1fb1ea6f41]: Sch. 7 para. 5 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

[^key-b825a4ce8ebcaf021acb9ab031015211]: Sch. 10 para. 14 not in force at Royal Assent, see s. 208(1)

[^key-b899fde619717aef5a1a80b7fef880d4]: Sch. 6 para. 14 in force at 28.6.2022 by S.I. 2022/520, reg. 5(g)

[^key-b8ae358159e8f01cbc30685d4162cd7c]: S. 131 in force at 28.6.2022, see s. 208(5)(m)

[^key-b8f1629cc4c59245260e0576bf44c083]: Sch. 14 para. 14 in force at 28.6.2022, see s. 208(5)(r)

[^key-b97c44a596e9c7c5cdc2fcfe788dd22c]: S. 166 in force at Royal Assent, see s. 208(4)(v)

[^key-b9b1488d8f7756e5c31edc98ffd3d19d]: S. 142 in force at Royal Assent, see s. 208(4)(q)

[^key-b9b178db7c33926df02cb24a406df7e6]: S. 66 not in force at Royal Assent, see s. 208(1)

[^key-b9f3021ff012caeb139a583ca36569ac]: S. 172(6)-(10) in force at 29.11.2022 by S.I. 2022/1227, reg. 3(e)(ii)

[^key-ba1a406bc4e3b4f80519b371bc3a6d9a]: S. 60 not in force at Royal Assent, see s. 208(1)

[^key-ba6410c6cb8b8379cec0045b5944bbe9]: Sch. 7 para. 5 not in force at Royal Assent, see s. 208(1)

[^key-ba97c46e5acd2006772440cc5e21067b]: S. 63 not in force at Royal Assent, see s. 208(1)

[^key-baa00e68d9a3fff43e1335bab90e56a3]: Sch. 18 para. 5 not in force at Royal Assent, see s. 208(1)

[^key-baf444bbe638933109d55c323a9452c6]: Sch. 20 para. 5 in force at 28.6.2022, see s. 208(5)(y)

[^key-bb04a893e9d0865ee6ba8a5bc9ba2be0]: S. 129(2)(3)(b)(ii) in force at 28.6.2022 by S.I. 2022/520, reg. 5(l)

[^key-bb0c60eeee17c4d3384c7129c002022d]: S. 85 in force at 28.6.2022, see s. 208(5)(i)

[^key-bb346490c300be4f6a73a207d9f76537]: Sch. 7 para. 13 not in force at Royal Assent, see s. 208(1)

[^key-bb9a90b0e453b3d0337d6b46fe3628f6]: Sch. 21 para. 4 in force at 28.6.2022, see s. 208(5)(aa)

[^key-bbab064b2aa379156b9647ef2d42325d]: S. 39 not in force at Royal Assent, see s. 208(1)

[^key-bbea710b9460b375473a567111fe3859]: Sch. 6 para. 13 in force at 28.6.2022 by S.I. 2022/520, reg. 5(g)

[^key-bc6add14e3c26275d7457e698fed52c0]: Sch. 13 para. 6 not in force at Royal Assent, see s. 208(1)

[^key-bca7b0fa0528a8690c2aefdf993e3c03]: S. 24 in force at Royal Assent for specified purposes, see ss. 34, 208(4)(h)

[^key-bcfb2396cb5cf94cffe9138c39820c5e]: S. 188 in force at 28.6.2022, see s. 208(5)(w)

[^key-bd2798619dd18d7d0514d6f115ed9232]: S. 65 not in force at Royal Assent, see s. 208(1)

[^key-bdb0c9f1d9698e1fb435b498fa1c2939]: S. 75 in force at 28.6.2022 by S.I. 2022/520, reg. 5(i)

[^key-be225bad1999b82bd68847bacfac56f4]: Sch. 7 para. 9 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

[^key-be9dfc1b0033314a320034de39407507]: S. 171 not in force at Royal Assent, see s. 208(1)

[^key-bf68f6cde8fd4f2d8d94d7f2cc1a3bbb]: Sch. 6 para. 6 not in force at Royal Assent, see s. 208(1)

[^key-c034feea26d26f44b42ce86969fc307b]: Sch. 8 para. 2 in force at 28.6.2022, see s. 208(5)(i)

[^key-c12619c494ac7071ba356671eb8a6790]: S. 62 in force at 1.8.2022 by S.I. 2022/520, reg. 7

[^key-c1c50e8184d1bf2c4dfb1fac81fdceeb]: S. 172(1)-(4)(11) in force at 28.6.2022 by S.I. 2022/520, reg. 5(u)

[^key-c1f01e5af30f586231c7d91c464be48c]: Sch. 3 Pt. 2 not in force at Royal Assent, see s. 208(1)

[^key-c2c4d385677a681aee5f294e931daf83]: Sch. 12 para. 3 in force at 28.6.2022, see s. 208(5)(k)

[^key-c2c762a6d6f1b6f119510fdb96d5e963]: S. 86 in force at 28.6.2022, see s. 208(5)(i)

[^key-c344a1fe464f4d3bc08de7e2f55ea070]: S. 172(5)(a)-(h) in force at 29.11.2022 by S.I. 2022/1227, reg. 3(e)(i)

[^key-c42e2d1c29c882191a704822e5abd690]: Sch. 11 para. 21 not in force at Royal Assent, see s. 208(1)

[^key-c4999c9a6c4b7a792a3441c959db53c2]: S. 6 in force at 26.10.2022 by S.I. 2022/1075, reg. 3(b)

[^key-c4deffa7ae1bc6ff8c83d06d8491eaf6]: Sch. 11 para. 14 not in force at Royal Assent, see s. 208(1)

[^key-c53d928390b998ceb60fb2929583fb36]: Sch. 11 para. 17 not in force at Royal Assent, see s. 208(1)

[^key-c54d3ecadf4109a290225b860d678f67]: S. 68 not in force at Royal Assent, see s. 208(1)

[^key-c58fe9faa56a3b6a2669ae3578898804]: Sch. 15 para. 6 in force at 28.6.2022, see s. 208(5)(s)

[^key-c5d13770455841d03f430537814b3492]: Sch. 6 para. 9 in force at 28.6.2022 by S.I. 2022/520, reg. 5(g)

[^key-c61b61b243cf679552855facb3771b88]: Sch. 10 para. 24 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-c683d987b47d4e7b0782c27719cee602]: Sch. 7 para. 10 not in force at Royal Assent, see s. 208(1)

[^key-c68fa4710b493b19937df137a633df84]: Sch. 7 para. 4 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

[^key-c6ec9d0079b0f98aad5744bcc3f62587]: S. 74(7) in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

[^key-c6f7e2d94076f1cce6385932f1972e5a]: Sch. 10 para. 6 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-c77c370481106645299f42afc36bc700]: Sch. 10 para. 27 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-c7e3f0389e29a543598d9a4a219b914b]: S. 108 not in force at Royal Assent, see s. 208(1)

[^key-c8065b6c190ee0d04dc5553ffbaa3e2a]: S. 100 not in force at Royal Assent, see s. 208(1)

[^key-c83530a2b414c3c1fdac1a86b3982e45]: S. 145 in force at 28.6.2022, see s. 208(5)(p)

[^key-c898434ef8bca4c4863aea0fe1cdf88f]: Sch. 10 para. 35 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-c96ff05b712145a11bc69265628a5331]: S. 194 not in force at Royal Assent, see s. 208(1)

[^key-c9d41094063034b3f49a2eef5a69ac61]: Sch. 8 para. 1 in force at 28.6.2022, see s. 208(5)(i)

[^key-ca17da5ed54a1dce258b02734f8a005e]: S. 57 in force at 28.6.2022 by S.I. 2022/520, reg. 5(h)

[^key-ca4733eb188230975ae84c2ce8ea8211]: Sch. 4 para. 7 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-ca4cc6f0c1b59d21dfdec3a9a66ce0c2]: S. 151 in force at 28.6.2022, see s. 208(5)(q)

[^key-cab74041dc34e9673d883f9993d8fed3]: S. 41 not in force at Royal Assent, see s. 208(1)

[^key-cb0f77d4de1f628c073c86da57490b5f]: Sch. 4 para. 32 not in force at Royal Assent, see s. 208(1)

[^key-cb1ea634177401351621c67dd44ca9c3]: S. 52 in force at 28.6.2022, see s. 208(5)(e)

[^key-cbba585e6f3c4cb875a4f67dd73b9a9f]: S. 79 not in force at Royal Assent, see s. 208(1)

[^key-cbe2f041e0791d774ca1dc08e7269362]: S. 81 not in force at Royal Assent, see s. 208(1)

[^key-cc0d45325dca7a07933cf2277b44b0ac]: S. 139 in force at 28.6.2022 by S.I. 2022/520, reg. 5(o)

[^key-ccdb607d6354dee6c6f6cea30cdd1378]: S. 73(1)-(4) in force at 28.6.2022 by S.I. 2022/520, reg. 5(i) (as amended by S.I. 2022/680, reg. 2(a))

[^key-ce7c9fd490621c52c25bea1f705e76e7]: S. 68 in force at 1.8.2022 by S.I. 2022/520, reg. 7

[^key-ce9f8e10b9e07788fab4e6143f677712]: S. 125 in force at 28.6.2022, see s. 208(5)(l)

[^key-cece6d3098cb9afd065d68f8792169e2]: Sch. 17 para. 1 in force at 28.6.2022, see s. 208(5)(u)

[^key-cf56132c718d5ef736b1fee8ab83afd2]: S. 195 not in force at Royal Assent, see s. 208(1)

[^key-cf6f7df4efdc2fb11702c159ea70b83a]: S. 120 not in force at Royal Assent, see s. 208(1)

[^key-cfba8ead92b98c609f8b743d42564569]: Sch. 13 para. 2 not in force at Royal Assent, see s. 208(1)

[^key-cfd788f9c8810611d14cdb9286a211c5]: S. 122 in force at 28.6.2022, see s. 208(5)(j)

[^key-d0c68f4e15b5809b2d0fe336b0678c89]: Sch. 4 para. 10 not in force at Royal Assent, see s. 208(1)

[^key-d1243138f4cb59c5c3f3abd13b6acded]: Sch. 10 para. 13 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-d1a7ae0836a06308510bc5ab953fdca4]: S. 112 not in force at Royal Assent, see s. 208(1)

[^key-d1c83243a605c54fac4df1aa628ed421]: S. 191 in force at Royal Assent, see s. 208(4)(z)

[^key-d302322d16b2371ac6b2adb26a0451dd]: Sch. 10 para. 3 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-d330e3221a1a91c777e2585f548bb0b0]: Sch. 15 para. 5 in force at 28.6.2022, see s. 208(5)(s)

[^key-d41f3d70cc7690f8a50f5d98d63b7200]: S. 40 not in force at Royal Assent, see s. 208(1)

[^key-d451c7e082cdf43391cb5687baf00470]: Sch. 16 para. 7 in force at 28.6.2022, see s. 208(5)(t)

[^key-d4585bbfb0cbd866ed1e4938cf9a7c7e]: S. 15 not in force at Royal Assent, see s. 208(1)

[^key-d499104ae9bac1ad298c02fa9a27df99]: S. 12 in force at Royal Assent for specified purposes, see s. 208(4)(b)

[^key-d550b6b92e29a5f74d973d6e9c8f9aca]: Sch. 11 para. 28 not in force at Royal Assent, see s. 208(1)

[^key-d5915da47e6bca5cf669c34ffed98cfa]: Sch. 4 para. 32 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-d729369d25722312008ff74afe16a637]: Sch. 17 para. 7 in force at Royal Assent for specified purposes, see s. 208(4)(r)

[^key-d77a38b86ef0ed84f9c52e5fe9a7f1f7]: S. 77 not in force at Royal Assent, see s. 208(1)

[^key-d95a05ca16870ba75596dd31f6056fbf]: Sch. 10 para. 28 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-da0b63112260adc0ab69e3cb3d6ef02d]: S. 93 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-dbce5279476e97bc2e167e94ac2ebc8c]: Sch. 7 para. 8 not in force at Royal Assent, see s. 208(1)

[^key-dc00e7c771b7ea2882e84130de0f973e]: Sch. 14 para. 13 in force at 28.6.2022, see s. 208(5)(r)

[^key-dc18a3bf24bce7647615fae3120de439]: S. 88 in force at 28.6.2022, see s. 208(5)(i)

[^key-dc79f58ebf60abe8a6a0d67c808c505f]: Sch. 7 para. 15 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

[^key-dc84472bc803c724527e83fa477b514a]: Sch. 10 para. 23 not in force at Royal Assent, see s. 208(1)

[^key-dc8b4ef7222c96c695a6466ea8fc40ef]: S. 132 in force at Royal Assent, see s. 208(4)(p)

[^key-dcac47bae9eaa7dee9265193b7977f61]: S. 126 in force at 28.6.2022, see s. 208(5)(l)

[^key-dd45e106f1d090b5c530aca2f5242d6d]: S. 92 not in force at Royal Assent, see s. 208(1)

[^key-ddc1ddc29473293ecefe40ff596ea908]: Sch. 4 para. 30 not in force at Royal Assent, see s. 208(1)

[^key-de73475a6ce55512580bf7b8fe7156e5]: S. 174 in force at 29.11.2022 by S.I. 2022/1227, reg. 3(g)

[^key-de7a4fa757ae432fbf048d6a97b245b1]: Sch. 4 para. 4 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-dea43ac6eeca56e08fd39e0a6052961c]: Sch. 4 para. 23 not in force at Royal Assent, see s. 208(1)

[^key-df54d4dc8c5d31a0ff331ceab7895e46]: Sch. 14 para. 8 in force at 28.6.2022, see s. 208(5)(r)

[^key-df6ed3e9b5bca66a6409830cbf3839f4]: Sch. 6 para. 7 not in force at Royal Assent, see s. 208(1)

[^key-dfd33c0b81d9f154f99b064b3143e532]: Sch. 11 para. 36 not in force at Royal Assent, see s. 208(1)

[^key-e06fbda5589d9fb8e9b7770599901c21]: Sch. 18 para. 6 not in force at Royal Assent, see s. 208(1)

[^key-e150ed979edf9e36ef3065fa413d5973]: Sch. 20 para. 7 in force at 28.6.2022, see s. 208(5)(y)

[^key-e16defcb5465d4b397f00a4d66963a66]: Sch. 4 para. 31 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-e207f723f65fb73a4b10ac9e1db6b628]: Sch. 18 para. 2 not in force at Royal Assent, see s. 208(1)

[^key-e219e5196012b7bb89c56355f1166c5c]: S. 158 in force at 28.6.2022, see s. 208(5)(t)

[^key-e2c0013339001f487268f8469701730d]: Sch. 7 para. 4 not in force at Royal Assent, see s. 208(1)

[^key-e3090d51e0863fa0715bebb0c190b150]: S. 1 not in force at Royal Assent, see s. 208(1)

[^key-e370cd8f3b7588d1e8b11c37435f6058]: Sch. 10 para. 33 not in force at Royal Assent, see s. 208(1)

[^key-e390a372a9ad61f494c2aa73b9532eb5]: S. 10 in force at Royal Assent for specified purposes, see s. 208(4)(b)

[^key-e44a3992330a9a50445db0d0e8f6dd79]: S. 202 in force at Royal Assent, see s. 208(4)(ab)

[^key-e46d5070c9c4e5f425176396f8196275]: Sch. 12 para. 9 in force at 28.6.2022, see s. 208(5)(k)

[^key-e4d94782153bb7c1a45d4ce5637c9554]: Sch. 17 para. 11 in force at Royal Assent for specified purposes, see s. 208(4)(r)

[^key-e4e4706fa7d1e9f7533e31e061fcefde]: S. 25 in force at Royal Assent for specified purposes, see ss. 34, 208(4)(h)

[^key-e5b7822e8f1fd46c99e4a2f307e4599d]: Sch. 4 para. 18 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-e5e5ee2003fd223fb7fc04044992fa1f]: Sch. 11 para. 11 not in force at Royal Assent, see s. 208(1)

[^key-e5ec9e8ee84d26a3a9a53604f84492a7]: Sch. 17 para. 4 in force at Royal Assent for specified purposes, see s. 208(4)(r)

[^key-e5f9ab885a5797c304735fc375a2dd35]: S. 101 not in force at Royal Assent, see s. 208(1)

[^key-e6022789895fd83b5defaafeb6a61fad]: Sch. 4 para. 5 not in force at Royal Assent, see s. 208(1)

[^key-e60651fff7361d9b6cb89e664cdcbbf0]: S. 175 in force at 29.11.2022 by S.I. 2022/1227, reg. 3(h)

[^key-e653fabeccc7db8a7de5b3570d490792]: Sch. 4 para. 14 not in force at Royal Assent, see s. 208(1)

[^key-e7af76f92770a81fc46876577860a321]: Sch. 4 para. 7 not in force at Royal Assent, see s. 208(1)

[^key-e7afd3b73834a96926d39396073dbf3e]: Sch. 20 para. 8 in force at 28.6.2022, see s. 208(5)(y)

[^key-e7e81defa2cbb1090580b7e77841c83c]: S. 95 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-e7efce86d16fe1d4f903b354641d1401]: S. 73 not in force at Royal Assent, see s. 208(1)

[^key-e8046404c430f5a528c475fbfd323b81]: S. 37 in force at 8.11.2022 by S.I. 2022/1075, reg. 5(a)

[^key-e82810e2e9f175346fa59f00f5978241]: Sch. 4 para. 24 not in force at Royal Assent, see s. 208(1)

[^key-e901c2c77597cce3d6b8c6ce0c6f4b16]: Sch. 10 para. 35 not in force at Royal Assent, see s. 208(1)

[^key-e95e7a76498287c7c940fb1828879c4e]: Sch. 6 para. 12 not in force at Royal Assent, see s. 208(1)

[^key-e9bded250e7b3201d15752e01793460d]: Sch. 4 para. 15 not in force at Royal Assent, see s. 208(1)

[^key-ea0bbbbb491d76fd5fb5798fc17a2ed8]: Sch. 10 para. 7 not in force at Royal Assent, see s. 208(1)

[^key-ea330300993117cd1acb3001c4625cf8]: Sch. 11 para. 6 not in force at Royal Assent, see s. 208(1)

[^key-ea56224fe420412d6dbc3fa4e3c4e6bd]: Sch. 10 para. 10 not in force at Royal Assent, see s. 208(1)

[^key-ea569748cf7b627eea9d93ed9e454454]: Sch. 3 Pt. 1 in force at 8.11.2022 by S.I. 2022/1075, reg. 5(h)

[^key-eaae1c9726d9598ae01b4af70bdb3c09]: Sch. 6 para. 8 in force at 28.6.2022 by S.I. 2022/520, reg. 5(g)

[^key-eabb3fd66abfe9c6f84057e3bb9d4b1a]: S. 136(1)-(6) in force at 28.6.2022 by S.I. 2022/520, reg. 5(o)

[^key-eb2fd321c40f50475f5174a784dd7b3c]: Sch. 17 para. 21 in force at 28.6.2022, see s. 208(5)(u)

[^key-eba9c141f065e7b9630ecaa5c2a8626e]: S. 98 not in force at Royal Assent, see s. 208(1)

[^key-ec3f3ac8de59bad220e55cc0ca931613]: S. 176 not in force at Royal Assent, see s. 208(1)

[^key-ecbea7e73646dc49418636e0204d5b71]: S. 94 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-ed0d8a9312cbb5baad431dd8f358ca69]: Sch. 20 para. 4 in force at 28.6.2022, see s. 208(5)(y)

[^key-ed102296e04c4331b40e59e31e5121c9]: S. 123 in force at 28.6.2022, see s. 208(5)(j)

[^key-ed521fcd1dc430b8e9187c1b2b62af96]: S. 136(7) in force at 28.6.2022 by S.I. 2022/520, reg. 5(p)

[^key-ed9e338f7cf1146833cec96dc6c11b60]: Sch. 10 para. 20 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-ede2e0881d1bcabed81992a4fa6b889d]: S. 66 in force at 1.8.2022 by S.I. 2022/520, reg. 7

[^key-ee63e1a130a4210299d6ccffa5f41982]: Sch. 21 para. 6 in force at 28.6.2022, see s. 208(5)(aa)

[^key-ee6a90a163d4000a1cdc4e2b49762eb7]: S. 206 in force at Royal Assent, see s. 208(4)(ac)

[^key-eea46410bf402d81ea02baf338cacb43]: S. 149 not in force at Royal Assent, see s. 208(1)

[^key-eeccef11f3c9af486dbd0810cbb41a6c]: Sch. 10 para. 11 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-efa6d59f45111e59659ad6ce6f98f871]: Sch. 9 para. 6 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-efd9fdf4f3f7dffe85ed89948de8db28]: Sch. 4 para. 37 in force at 26.10.2022 by S.I. 2022/1075, reg. 3(e)

[^key-f016d8ed0f5ad3e063dc34a56635a56d]: S. 204 in force at 28.6.2022, see s. 208(5)(aa)

[^key-f03eb274042622aa33ad18c79abf7e9e]: S. 193 not in force at Royal Assent, see s. 208(1)

[^key-f0652c8384e823030adf2dea34b2285b]: Sch. 4 para. 28 not in force at Royal Assent, see s. 208(1)

[^key-f0b70df83785507b39c124219574f458]: S. 104 not in force at Royal Assent, see s. 208(1)

[^key-f0cbcb72b697d2ed1963a69f7812db6b]: Sch. 6 para. 12 in force at 28.6.2022 by S.I. 2022/520, reg. 5(g)

[^key-f1965f511312229fa83c8fc7fe5a3a36]: Sch. 15 para. 2 in force at 28.6.2022, see s. 208(5)(s)

[^key-f1d35813ad69216ee6d3e8bb47e5cd07]: Sch. 4 para. 25 not in force at Royal Assent, see s. 208(1)

[^key-f2b5909c2cc9b8dfdaeb9eafabb83a08]: Sch. 21 para. 7 in force at 28.6.2022, see s. 208(5)(aa)

[^key-f2d3eb5d378e5f3c6b543db34415be54]: S. 87 in force at 28.6.2022, see s. 208(5)(i)

[^key-f325ba80ec48c27c9f4439647c62d6e7]: Sch. 17 para. 2 in force at Royal Assent for specified purposes, see s. 208(4)(r)

[^key-f369fcfb91dc44986969b31678111b7b]: Sch. 4 para. 37 not in force at Royal Assent, see s. 208(1)

[^key-f36e46174b92ecd46ec583dad6d44fb1]: S. 58 in force at 28.6.2022, see s. 208(5)(g)

[^key-f39bb26971a574d7dcd4428eef546b2c]: S. 97 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(b) (with Pt. 3)

[^key-f3c3253298a906e72f4d85f916c9d952]: S. 179 not in force at Royal Assent, see s. 208(1)

[^key-f46c9d58bac9082160c24730b056e6dd]: Sch. 3 Pt. 3 not in force at Royal Assent, see s. 208(1)

[^key-f513f7bd715bcab6ab19391a5a9ce4af]: Sch. 6 para. 4 in force at 28.6.2022 by S.I. 2022/520, reg. 5(g)

[^key-f5731eade79c9e7f998ae16f2fea4f15]: S. 152 in force at 28.6.2022 by S.I. 2022/520, reg. 5(q)

[^key-f5a17b4d17102f8a5bbbc1734954dc4f]: Sch. 4 para. 33 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^key-f6d61df1ad5ff56cfce00700a5947682]: S. 118 not in force at Royal Assent, see s. 208(1)

[^key-f6e7d2e0a1046768877babd3ed0aa5b7]: Sch. 10 para. 30 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-f6f5525880eb9abe4cd29c8d7234fc64]: S. 32 in force at Royal Assent for specified purposes, see ss. 34, 208(4)(j)

[^key-f7551476ca40a5b75140333e7673813c]: S. 93 not in force at Royal Assent, see s. 208(1)

[^key-f761c4a8c5d332887de288584e082bb3]: S. 4(1)(2) in force at 28.6.2022 in so far as not already in force by S.I. 2022/520, reg. 5(b)

[^key-f77bd4870757816e27c07ee189f77bfb]: S. 44 in force at 8.11.2022 by S.I. 2022/1075, reg. 5(h)

[^key-f7be1427a50640654c0ac5612c1af62f]: Sch. 9 para. 4 not in force at Royal Assent, see s. 208(1)

[^key-f7ea6fe74401696d009319a96c5f0794]: Sch. 11 para. 18 not in force at Royal Assent, see s. 208(1)

[^key-f7ec79d5590e331b1dfa5483a6dd4a6c]: Sch. 7 para. 12 not in force at Royal Assent, see s. 208(1)

[^key-f806ff68cdba5cba0377965d2d29ada3]: Sch. 6 para. 1 not in force at Royal Assent, see s. 208(1)

[^key-f8445aae1ac4e9e4e9cfe178c2411098]: Sch. 10 para. 4 not in force at Royal Assent, see s. 208(1)

[^key-f8f1a9b2376dfb518f2adfbaf710cbc5]: Sch. 10 para. 2 not in force at Royal Assent, see s. 208(1)

[^key-f9004f41def688abc9122e8191c2aa1b]: S. 164 in force at Royal Assent, see s. 208(4)(t)

[^key-f91da46ddc9b5ef74346d17ea3d08430]: Sch. 7 para. 1 not in force at Royal Assent, see s. 208(1)

[^key-f961fca40c55c5206ae07d5bf796b6ab]: S. 96 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-f990c59219ecdf77198299849e8f6e27]: Sch. 11 para. 31 not in force at Royal Assent, see s. 208(1)

[^key-f9b19e1f67077a326412c05a2b2af1c4]: Sch. 10 para. 1 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-fa75c24088a4b95dcae869f7339aa558]: S. 44 not in force at Royal Assent, see s. 208(1)

[^key-fa88993bccfdb5015c1df29ca4fdf1b5]: S. 79 in force at 28.6.2022 by S.I. 2022/520, reg. 5(j)

[^key-fa93f36d7b5fd5b6af346d7c473c2d86]: Sch. 17 para. 16 not in force at Royal Assent, see s. 208(1)

[^key-fb254cc970f67fe6ccd15a7e58f9851d]: Words in Sch. 1 Table substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 243(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-fbb4729d740babd5ffd7fd7335c91f2b]: Sch. 20 para. 2 in force at 28.6.2022, see s. 208(5)(y)

[^key-fc946faaea119c828d8aa21d888ea44d]: Sch. 6 para. 2 in force at 28.6.2022 by S.I. 2022/520, reg. 5(g)

[^key-fcb1c6f0e51660f34b53067d95d18d8a]: Sch. 4 para. 22 not in force at Royal Assent, see s. 208(1)

[^key-fd143cac8bce8761d6ae72baed8fef51]: Sch. 7 para. 15 not in force at Royal Assent, see s. 208(1)

[^key-fd972e8e29f7d994b40dd13153d5d9a2]: S. 48 in force at 28.6.2022 by S.I. 2022/520, reg. 5(e)

[^key-fda74c37e9599752b514030a7cb87737]: Sch. 16 para. 2 in force at 28.6.2022, see s. 208(5)(t)

[^key-fe555f473e54fde128bf2438f770b064]: Sch. 10 para. 8 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

[^key-fe9507502faa85499d74fc5d97bd6882]: S. 69 not in force at Royal Assent, see s. 208(1)

[^key-feb1f71629567a9a5c7b039507ca7fe6]: S. 115 not in force at Royal Assent, see s. 208(1)

[^key-fedcd5951074683d74f6c317d18ad904]: Sch. 10 para. 15 not in force at Royal Assent, see s. 208(1)

[^key-feddc6d839c55d3c44f9135d0854e0be]: Sch. 6 para. 2 not in force at Royal Assent, see s. 208(1)

[^key-feebbdb5573995f437f519defeaacc1c]: S. 137(3) in force at 28.6.2022 by S.I. 2022/520, reg. 5(p)

[^key-fefb6806925b15a8e35bb59ebafcff7c]: Sch. 21 para. 5 in force at 28.6.2022, see s. 208(5)(aa)

[^key-ff4ac6fc437168207a08923e44e09754]: S. 63 in force at 1.8.2022 by S.I. 2022/520, reg. 7

[^key-ff6a370d67187becf3bd2d65c1c11648]: Sch. 11 para. 32 not in force at Royal Assent, see s. 208(1)

[^key-ffaf4d2fbb4495efdd6845e487dfb9c0]: Sch. 6 para. 8 not in force at Royal Assent, see s. 208(1)

[^key-ffbc5b871b8977aec7deef2f1515c3c4]: Sch. 14 para. 3 in force at 28.6.2022, see s. 208(5)(r)

[^key-ffcafec1c24fe19ed7fd55ae27c3d563]: Sch. 4 para. 12 in force at 28.10.2022 by S.I. 2022/1075, reg. 4(b)

[^M_I_5a73a2c6-e073-4555-e0fe-9fb69952f721]: S. 161(1) in force at 28.6.2022 for specified purposes, see s. 208(5)(u)

[^M_I_5b8051b4-4cfd-41c3-da85-1721ee7800fb]: S. 153 in force at 28.6.2022, see s. 208(5)(r)

Power to specify other areas as controlled areas

Intentionally or recklessly causing public nuisance

Wilful obstruction of highway

Temporary release from secure children’s homes

Secure 16 to 19 Academies

Serious violence reduction orders: piloting

Serious violence reduction orders: piloting

Rehabilitation of offenders

Pardons for certain convictions or cautions

British Sign Language interpreters for deaf jurors

Continuation of criminal trial on death or discharge of a juror

Offence of recording or transmission in relation to remote proceedings

Repeal of temporary provision

Financial provision

Minor amendments arising out of sentencing consolidation

Power to make consequential provision

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

Extent

Commencement

Short title

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

Knife crime prevention order on conviction: adjournment of proceedings

Offences outside the United Kingdom: notification requirements

Power to search terrorist offenders released on licence

Football banning orders: relevant offences

Football banning orders: power to amend list of relevant offences

Football banning orders: requirement to make order on conviction etc

Disregard of certain convictions or cautions

Pardons for certain convictions or cautions

British Sign Language interpreters for deaf jurors

Continuation of criminal trial on death or discharge of a juror

Offence of recording or transmission in relation to remote proceedings

Repeal of temporary provision

Financial provision

Minor amendments arising out of sentencing consolidation

Power to make consequential provision

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

Extent

Commencement

Short title

Imposing conditions on public assemblies

Relevant review partners

Extraction of information from electronic devices: investigations of crime etc

Application of section 37 to children and adults without capacity

Requirements for voluntary provision and agreement

Application of section 37 where user has died etc

Extraction of information from electronic devices: investigations of death

Code of practice about the extraction of information

Confidential information

Authorised persons

Pre-charge bail

Positions of trust

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

Criminal damage to memorials: mode of trial

Overseas production orders

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

Special procedure for access to material relating to human remains

Functions of prisoner custody officers in relation to live link hearings

Proceeds of crime: account freezing orders

Further provision about a code of practice under section 60

Trespass with intent to search for or to pursue hares with dogs etc

Administering a substance with intent to cause harm

Response to Law Commission report on hate crime laws

Power to specify other areas as controlled areas

Intentionally or recklessly causing public nuisance

Wilful obstruction of highway

Temporary release from secure children’s homes

Courses offered as alternative to prosecution: fees etc

Charges for removal, storage and disposal of vehicles

Production of licence to the court

Power to issue fixed penalty notices on-the-spot in Scotland

Diversionary and community cautions

Temporary release from secure children’s homes

Secure 16 to 19 Academies

Rehabilitation of offenders

Knife crime prevention order on conviction: adjournment of proceedings

Offences outside the United Kingdom: notification requirements

Power to search terrorist offenders released on licence

Football banning orders: relevant offences

Football banning orders: power to amend list of relevant offences

Football banning orders: requirement to make order on conviction etc

Disregard of certain convictions or cautions

Disregard of certain convictions or cautions

Pardons for certain convictions or cautions

British Sign Language interpreters for deaf jurors

Continuation of criminal trial on death or discharge of a juror

Offence of recording or transmission in relation to remote proceedings

Repeal of temporary provision

Financial provision

Minor amendments arising out of sentencing consolidation

Power to make consequential provision

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

Extent

Commencement

Short title

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

Serious violence reduction orders

Pardons for certain convictions or cautions

British Sign Language interpreters for deaf jurors

Continuation of criminal trial on death or discharge of a juror

Remote observation and recording of court and tribunal proceedings

Expansion of use of video and audio links in criminal proceedings

Financial provision

Minor amendments arising out of sentencing consolidation

Power to make consequential provision

Commencement

Short title

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

Secure 16 to 19 Academies

Serious violence reduction orders

Rehabilitation of offenders

Disregard of certain convictions or cautions

Pardons for certain convictions or cautions

British Sign Language interpreters for deaf jurors

Continuation of criminal trial on death or discharge of a juror

Remote observation and recording of court and tribunal proceedings

Expansion of use of video and audio links in criminal proceedings

Financial provision

Minor amendments arising out of sentencing consolidation

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

Extent

Commencement

Short title

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