LegalizeReform history
Police, Crime, Sentencing and Courts Act 2022
24 versions
· 2022-04-28
2026-04-07
Police, Crime, Sentencing and Courts Act 2022
2024-12-16
Police, Crime, Sentencing and Courts Act 2022
2023-10-28
Police, Crime, Sentencing and Courts Act 2022
2023-07-03
Police, Crime, Sentencing and Courts Act 2022
2023-06-13
Police, Crime, Sentencing and Courts Act 2022
2023-05-26
Police, Crime, Sentencing and Courts Act 2022
2023-05-24
Police, Crime, Sentencing and Courts Act 2022
2023-05-03
Police, Crime, Sentencing and Courts Act 2022
2023-04-19
Police, Crime, Sentencing and Courts Act 2022
2023-04-01
Police, Crime, Sentencing and Courts Act 2022
2023-03-31
Police, Crime, Sentencing and Courts Act 2022
2023-03-07
Police, Crime, Sentencing and Courts Act 2022
2023-02-07
Police, Crime, Sentencing and Courts Act 2022
Changes on 2023-02-07
@@ -46,7 +46,7 @@
- (7) A police covenant report must state whether, in the Secretary of State’s opinion, in respect of any matter covered by the report, members or former members of the police workforce, or a particular description of such persons, are at a disadvantage when compared with other persons or such descriptions of other persons as the Secretary of State considers appropriate.
- (8) Where the Secretary of State’s opinion is that there is any such disadvantage as mentioned in subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/1/7/2023-01-31), the report must set out the Secretary of State’s response to that.
- (8) Where the Secretary of State’s opinion is that there is any such disadvantage as mentioned in subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/1/7/2023-02-07), the report must set out the Secretary of State’s response to that.
- (9) In this section—
@@ -68,13 +68,13 @@
- (1) In section 1 of the Assaults on Emergency Workers (Offences) Act 2018 (offence of common assault, or battery, committed against emergency worker), in subsection (2)(b) (penalty for conviction on indictment), for “12 months” substitute “2 years”.
- (2) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/2/1/2023-01-31) applies only in relation to offences committed on or after the day on which this section comes into force.
- (2) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/2/1/2023-02-07) applies only in relation to offences committed on or after the day on which this section comes into force.
#### Required life sentence for manslaughter of emergency worker
##### 3
- (1) The Sentencing Code is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/3/2/2023-01-31) to [(15)](https://www.legislation.gov.uk/ukpga/2022/32/section/3/15/2023-01-31).
- (1) The Sentencing Code is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/3/2/2023-02-07) to [(15)](https://www.legislation.gov.uk/ukpga/2022/32/section/3/15/2023-02-07).
- (2) In section 177 (youth rehabilitation orders), in subsection (3)(b)(i), after “258” insert “or 258A”.
@@ -210,7 +210,7 @@
.
- (3) Section 59 (Police Federations) is amended as set out in subsections [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/4/4/2023-01-31) to [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/4/7/2023-01-31).
- (3) Section 59 (Police Federations) is amended as set out in subsections [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/4/4/2023-02-07) to [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/4/7/2023-02-07).
- (4) For subsection (1) substitute—
@@ -246,7 +246,7 @@
##### 5
- (1) Section 2A of the Road Traffic Act 1988 (meaning of dangerous driving) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/5/2/2023-01-31) to [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/6/4/2023-01-31).
- (1) Section 2A of the Road Traffic Act 1988 (meaning of dangerous driving) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/5/2/2023-02-07) to [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/6/4/2023-02-07).
- (2) In subsection (1), after paragraph (b) insert “But this subsection does not apply where subsection (1B) applies.”
@@ -292,7 +292,7 @@
##### 6
- (1) Section 3ZA of the Road Traffic Act 1988 (meaning of careless driving) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/6/2/2023-01-31) to [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/6/4/2023-01-31).
- (1) Section 3ZA of the Road Traffic Act 1988 (meaning of careless driving) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/6/2/2023-02-07) to [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/6/4/2023-02-07).
- (2) In subsection (2), after “driver.” insert “But this subsection does not apply where subsection (2B) applies.”
@@ -352,7 +352,7 @@
- (1) The specified authorities for a local government area must collaborate with each other to prevent and reduce serious violence in the area.
- (2) The duty imposed on the specified authorities for a local government area by subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/8/1/2023-01-31) includes a duty to plan together to exercise their functions so as to prevent and reduce serious violence in the area.
- (2) The duty imposed on the specified authorities for a local government area by subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/8/1/2023-02-07) includes a duty to plan together to exercise their functions so as to prevent and reduce serious violence in the area.
- (3) In particular, the specified authorities for a local government area must—
@@ -406,7 +406,7 @@
- (10) The Secretary of State may by regulations make further provision for or in connection with the publication and dissemination of a strategy under this section.
- (11) References in subsections [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/8/4/2023-01-31) to [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/8/10/2023-01-31) to a strategy under this section include a revised strategy.
- (11) References in subsections [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/8/4/2023-02-07) to [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/8/10/2023-02-07) to a strategy under this section include a revised strategy.
- (12) This section does not affect any power of a specified authority to collaborate or plan apart from this section.
@@ -424,7 +424,7 @@
- (1) Two or more specified authorities may collaborate with each other to prevent and reduce serious violence in a relevant area.
- (2) The power conferred on specified authorities by subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/1/2023-01-31) includes a power to plan together to exercise their functions so as to prevent and reduce serious violence in a relevant area.
- (2) The power conferred on specified authorities by subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/1/2023-02-07) includes a power to plan together to exercise their functions so as to prevent and reduce serious violence in a relevant area.
- (3) In particular, the specified authorities may—
@@ -462,7 +462,7 @@
- (c) in the case of a strategy for a relevant area partly in England and partly in Wales, an eligible person for the time being prescribed by order of the Secretary of State or the Welsh Ministers under section 5(3) of that Act.
- (7) For the purposes of subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/6/2023-01-31), an eligible person is—
- (7) For the purposes of subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/6/2023-02-07), an eligible person is—
- (a) where a person is prescribed in terms of a description which includes a connection to a local government area, a person of that description with such a connection to a local government area all or part of which coincides with or falls within the relevant area, or
@@ -488,7 +488,7 @@
- (10) The Secretary of State may by regulations make further provision for or in connection with the publication and dissemination of a strategy under this section.
- (11) References in subsections [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/4/2023-01-31) to [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/10/2023-01-31) to a strategy under this section include a revised strategy.
- (11) References in subsections [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/4/2023-02-07) to [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/10/2023-02-07) to a strategy under this section include a revised strategy.
- (12) This section does not affect any power of a specified authority to collaborate or plan apart from this section.
@@ -518,9 +518,9 @@
- (2) The Secretary of State may by regulations authorise the disclosure of information—
- (a) by a prescribed person to any person listed in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/10/3/2023-01-31) for the purposes of preventing and reducing serious violence in a prescribed area;
- (b) by any person listed in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/10/3/2023-01-31) to a prescribed person for such purposes.
- (a) by a prescribed person to any person listed in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/10/3/2023-02-07) for the purposes of preventing and reducing serious violence in a prescribed area;
- (b) by any person listed in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/10/3/2023-02-07) to a prescribed person for such purposes.
- (3) Those persons are—
@@ -534,13 +534,13 @@
- (e) a youth custody authority.
- (4) Regulations under subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/10/2/2023-01-31) may provide that a disclosure under the regulations does not breach—
- (4) Regulations under subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/10/2/2023-02-07) may provide that a disclosure under the regulations 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).
- (5) But if regulations under subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/10/2/2023-01-31) contain provision under subsection [(4)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/10/4/b/2023-01-31), they must provide that they do not authorise a disclosure of information that—
- (5) But if regulations under subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/10/2/2023-02-07) contain provision under subsection [(4)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/10/4/b/2023-02-07), they must provide that they do not authorise a disclosure of information that—
- (a) would contravene the data protection legislation (but in determining whether a disclosure would do so, any power conferred by the regulations is to be taken into account), or
@@ -556,7 +556,7 @@
- (8) In this section, “*prescribed*” means prescribed, or of a description prescribed, in regulations under this section.
- (9) Regulations under this section may, in particular, prescribe persons by reference to the fact that they have been invited under section 8[(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/8/6/2023-01-31) or 9[(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/6/2023-01-31) to participate in the preparation of a strategy under section 8 or 9.
- (9) Regulations under this section may, in particular, prescribe persons by reference to the fact that they have been invited under section 8[(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/8/6/2023-02-07) or 9[(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/6/2023-02-07) to participate in the preparation of a strategy under section 8 or 9.
- (10) In this Chapter—
@@ -574,7 +574,7 @@
- (1) In this Chapter “*specified authority*” means a person listed in the first column of a table in Schedule 1.
- (2) Subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/11/3/2023-01-31) applies to a specified authority listed in Schedule 1 in terms that refer to the exercise of particular functions or to a particular capacity that it has.
- (2) Subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/11/3/2023-02-07) applies to a specified authority listed in Schedule 1 in terms that refer to the exercise of particular functions or to a particular capacity that it has.
- (3) References in this Chapter to the authority’s functions are to those functions or its functions when acting in that capacity.
@@ -616,7 +616,7 @@
- (b) references to reducing serious violence in an area are to reducing instances of serious violence in the area.
- (2) The reference in subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/13/1/a/2023-01-31) to becoming involved in serious violence includes becoming a victim of serious violence.
- (2) The reference in subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/13/1/a/2023-02-07) to becoming involved in serious violence includes becoming a victim of serious violence.
- (3) In this Chapter “violence”—
@@ -634,7 +634,7 @@
- (4) In subsection (3)(a)(ii), “*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).
- (5) In determining for the purposes of subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/13/4/2023-01-31) 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.
- (5) In determining for the purposes of subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/13/4/2023-02-07) 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.
- (6) 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—
@@ -664,11 +664,11 @@
- (b) monitor the exercise by specified authorities of their functions under or in accordance with section 9 in relation to a relevant area which, or any part of which, coincides with or falls within the police area.
- (3) A local policing body may report its findings under subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/14/2/2023-01-31) to the Secretary of State.
- (4) The Secretary of State may by regulations make provision conferring functions on a local policing body for a police area for the purposes of subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/14/1/2023-01-31).
- (5) Provision under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/14/4/2023-01-31) may include provision—
- (3) A local policing body may report its findings under subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/14/2/2023-02-07) to the Secretary of State.
- (4) The Secretary of State may by regulations make provision conferring functions on a local policing body for a police area for the purposes of subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/14/1/2023-02-07).
- (5) Provision under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/14/4/2023-02-07) may include provision—
- (a) for a local policing body to provide funding to a specified authority,
@@ -678,7 +678,7 @@
- (d) for such descriptions and numbers of persons as the local policing body may specify to be required to attend the meetings.
- (6) If a local policing body acts under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/14/1/2023-01-31) or [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/14/2/2023-01-31), or under regulations under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/14/4/2023-01-31), in relation to the exercise by a specified authority of its functions under or in accordance with section 8 or 9, the authority must co-operate with the body.
- (6) If a local policing body acts under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/14/1/2023-02-07) or [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/14/2/2023-02-07), or under regulations under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/14/4/2023-02-07), in relation to the exercise by a specified authority of its functions under or in accordance with section 8 or 9, the authority must co-operate with the body.
- (7) References in this Chapter (however expressed) to a specified authority exercising functions in accordance with section 8 or 9 are to the authority exercising functions conferred on it apart from this Chapter in accordance with the section in question.
@@ -690,9 +690,9 @@
- (2) A relevant authority for a relevant area and a specified authority for that area may collaborate with each other to prevent and reduce serious violence in that area.
- (3) A relevant authority and a specified authority must collaborate with each other as mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/1/2023-01-31) or [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/2/2023-01-31) if either the relevant authority or the specified authority requests the other to do so.
- (4) A relevant authority must carry out any actions which are specified under section 8[(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/8/5/2023-01-31) or 9[(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/5/2023-01-31) as actions to be carried out by the authority.
- (3) A relevant authority and a specified authority must collaborate with each other as mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/1/2023-02-07) or [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/2/2023-02-07) if either the relevant authority or the specified authority requests the other to do so.
- (4) A relevant authority must carry out any actions which are specified under section 8[(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/8/5/2023-02-07) or 9[(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/5/2023-02-07) as actions to be carried out by the authority.
- (5) A relevant authority for a local government area—
@@ -706,9 +706,9 @@
- (b) all or part of the local government area for which RA2 is a relevant authority.
- (7) A relevant authority is not subject to a duty in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/3/2023-01-31), [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/4/2023-01-31) or [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/5/2023-01-31)(b), and a specified authority is not subject to a duty in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/3/2023-01-31), if or to the extent that compliance with the duty—
- (a) would be incompatible with any other duty of the authority imposed by an enactment (other than subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/5/2023-01-31)(b)),
- (7) A relevant authority is not subject to a duty in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/3/2023-02-07), [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/4/2023-02-07) or [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/5/2023-02-07)(b), and a specified authority is not subject to a duty in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/3/2023-02-07), if or to the extent that compliance with the duty—
- (a) would be incompatible with any other duty of the authority imposed by an enactment (other than subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/5/2023-02-07)(b)),
- (b) would otherwise have an adverse effect on the exercise of the authority’s functions,
@@ -716,13 +716,13 @@
- (d) would mean that the authority incurred unreasonable costs.
- (8) In determining whether subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/7/2023-01-31) applies to an authority, the cumulative effect of complying with duties under this section must be taken into account.
- (9) Subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/7/2023-01-31) or [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/8/2023-01-31) does not apply in relation to the duty of a relevant authority to collaborate with a specified authority under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/3/2023-01-31) to the extent that it relates to—
- (a) the exercise by the specified authority of its function under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/8/3/2023-01-31)(a) or (b) of section 8 of identifying the kinds or causes of serious violence in an area or its function of preparing a strategy under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/8/3/2023-01-31)(c) of that section, or
- (b) the exercise by the specified authority of its function under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/3/2023-01-31)(a) or (b) of section 9 of identifying the kinds or causes of serious violence in an area or its function of preparing a strategy under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/3/2023-01-31)(c) of that section.
- (8) In determining whether subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/7/2023-02-07) applies to an authority, the cumulative effect of complying with duties under this section must be taken into account.
- (9) Subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/7/2023-02-07) or [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/8/2023-02-07) does not apply in relation to the duty of a relevant authority to collaborate with a specified authority under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/3/2023-02-07) to the extent that it relates to—
- (a) the exercise by the specified authority of its function under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/8/3/2023-02-07)(a) or (b) of section 8 of identifying the kinds or causes of serious violence in an area or its function of preparing a strategy under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/8/3/2023-02-07)(c) of that section, or
- (b) the exercise by the specified authority of its function under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/3/2023-02-07)(a) or (b) of section 9 of identifying the kinds or causes of serious violence in an area or its function of preparing a strategy under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/3/2023-02-07)(c) of that section.
- (10) This section does not affect any power to collaborate apart from this section.
@@ -736,7 +736,7 @@
##### 16
- (1) A person listed in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/16/2/2023-01-31) may disclose information that it holds for the purposes of its functions to another person listed in that subsection for the purposes of the exercise by the other person of its functions under or in accordance with this Chapter.
- (1) A person listed in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/16/2/2023-02-07) may disclose information that it holds for the purposes of its functions to another person listed in that subsection for the purposes of the exercise by the other person of its functions under or in accordance with this Chapter.
- (2) Those persons are—
@@ -766,7 +766,7 @@
- (d) a disclosure of information that is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
- (5) Subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/16/6/2023-01-31) applies if—
- (5) Subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/16/6/2023-02-07) applies if—
- (a) a disclosure of information under this section is also permitted by regulations under section 6(2) of the Crime and Disorder Act 1998 or by section 115 of that Act (but is not also a disclosure under section 17A of that Act), and
@@ -780,7 +780,7 @@
##### 17
- (1) A local policing body may, for the purposes of enabling or assisting it to exercise its functions under section 14 in relation to an area, request any person listed in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/17/2/2023-01-31) to supply it with such information as may be specified in the request.
- (1) A local policing body may, for the purposes of enabling or assisting it to exercise its functions under section 14 in relation to an area, request any person listed in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/17/2/2023-02-07) to supply it with such information as may be specified in the request.
- (2) Those persons are—
@@ -792,7 +792,7 @@
- (d) a youth custody authority for that area.
- (3) Information requested under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/17/1/2023-01-31) must be information that is held by the person to whom the request is made and that relates to—
- (3) Information requested under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/17/1/2023-02-07) must be information that is held by the person to whom the request is made and that relates to—
- (a) the person to whom the request was made,
@@ -800,15 +800,15 @@
- (c) a person in respect of whom a function is exercisable by the person requested to supply the information.
- (4) Subject to subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/17/6/2023-01-31), a person who is requested to supply information under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/17/1/2023-01-31) must comply with the request.
- (5) A disclosure of information required by subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/17/4/2023-01-31) does not breach—
- (4) Subject to subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/17/6/2023-02-07), a person who is requested to supply information under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/17/1/2023-02-07) must comply with the request.
- (5) A disclosure of information required by subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/17/4/2023-02-07) 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).
- (6) But subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/17/4/2023-01-31) does not require—
- (6) But subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/17/4/2023-02-07) does not require—
- (a) the disclosure of patient information,
@@ -824,15 +824,15 @@
##### 18
- (1) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/18/2/2023-01-31) applies if the Secretary of State is satisfied that—
- (a) a specified authority has failed to discharge a duty imposed on it by section 8, 14[(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/14/6/2023-01-31), 15[(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/3/2023-01-31) or 17[(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/17/4/2023-01-31), or
- (b) an educational authority, prison authority or youth custody authority has failed to discharge a duty imposed on it by section 15[(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/3/2023-01-31), [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/4/2023-01-31) or [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/5/2023-01-31)(b) or 17[(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/17/4/2023-01-31).
- (1) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/18/2/2023-02-07) applies if the Secretary of State is satisfied that—
- (a) a specified authority has failed to discharge a duty imposed on it by section 8, 14[(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/14/6/2023-02-07), 15[(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/3/2023-02-07) or 17[(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/17/4/2023-02-07), or
- (b) an educational authority, prison authority or youth custody authority has failed to discharge a duty imposed on it by section 15[(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/3/2023-02-07), [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/4/2023-02-07) or [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/15/5/2023-02-07)(b) or 17[(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/17/4/2023-02-07).
- (2) The Secretary of State may give directions to the authority for the purpose of securing compliance with the duty.
- (3) A direction under subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/18/2/2023-01-31) may be enforced, on an application made on behalf of the Secretary of State, by a mandatory order.
- (3) A direction under subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/18/2/2023-02-07) may be enforced, on an application made on behalf of the Secretary of State, by a mandatory order.
- (4) The Secretary of State must obtain the consent of the Welsh Ministers before giving a direction under this section to a devolved Welsh authority within the meaning of the Government of Wales Act 2006 (see section 157A of that Act).
@@ -848,7 +848,7 @@
##### 19
- (1) A person listed in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/19/2/2023-01-31) must have regard to guidance issued by the Secretary of State—
- (1) A person listed in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/19/2/2023-02-07) must have regard to guidance issued by the Secretary of State—
- (a) in exercising any function conferred by or by virtue of this Chapter, or
@@ -868,7 +868,7 @@
- (f) a youth custody authority.
- (3) The Secretary of State must consult the Welsh Ministers before issuing guidance relating to the exercise of functions as mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/19/1/2023-01-31) by a devolved Welsh authority within the meaning of the Government of Wales Act 2006 (see section 157A of that Act).
- (3) The Secretary of State must consult the Welsh Ministers before issuing guidance relating to the exercise of functions as mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/19/1/2023-02-07) by a devolved Welsh authority within the meaning of the Government of Wales Act 2006 (see section 157A of that Act).
- (4) After issuing guidance under this section, the Secretary of State must lay a copy of the guidance before Parliament.
@@ -893,7 +893,7 @@
> (10) References in this section to serious violence and to becoming involved in serious violence are to be construed in accordance with section 18.
- (3) Section 6 (formulation and implementation of strategies) is amended in accordance with subsections [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/20/4/2023-01-31) to [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/20/7/2023-01-31).
- (3) Section 6 (formulation and implementation of strategies) is amended in accordance with subsections [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/20/4/2023-02-07) to [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/20/7/2023-02-07).
- (4) In subsection (1), at the end of paragraph (c) insert
@@ -920,7 +920,7 @@
> (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.
- (8) Section 17 (duty to consider crime and disorder implications) is amended in accordance with subsections [(9)](https://www.legislation.gov.uk/ukpga/2022/32/section/20/9/2023-01-31) to [(11)](https://www.legislation.gov.uk/ukpga/2022/32/section/20/11/2023-01-31).
- (8) Section 17 (duty to consider crime and disorder implications) is amended in accordance with subsections [(9)](https://www.legislation.gov.uk/ukpga/2022/32/section/20/9/2023-02-07) to [(11)](https://www.legislation.gov.uk/ukpga/2022/32/section/20/11/2023-02-07).
- (9) In subsection (1), at the end of paragraph (c) insert
@@ -989,23 +989,23 @@
- (4) A statutory instrument containing regulations under this Chapter may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
- (5) Subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/22/4/2023-01-31) does not apply to a statutory instrument containing only one or more of the following—
- (a) regulations under section 8[(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/8/10/2023-01-31);
- (b) regulations under section 9[(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/10/2023-01-31);
- (c) regulations under section 11[(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/11/7/2023-01-31) which make provision for the removal of an entry in Schedule 1 where the authority concerned has ceased to exist;
- (d) regulations under section 11[(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/11/7/2023-01-31) which make provision for the modification of an entry in Schedule 1 in consequence of a change of name or transfer of functions;
- (e) regulations under section 12[(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/12/3/2023-01-31) which make provision for the removal of an entry in Schedule 2 where the authority concerned has ceased to exist;
- (f) regulations under section 12[(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/12/3/2023-01-31) which make provision for the modification of an entry in Schedule 2 in consequence of a change of name or transfer of functions;
- (g) regulations under section 14[(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/14/4/2023-01-31).
- (6) A statutory instrument within subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/22/5/2023-01-31) is subject to annulment in pursuance of a resolution of either House of Parliament.
- (5) Subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/22/4/2023-02-07) does not apply to a statutory instrument containing only one or more of the following—
- (a) regulations under section 8[(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/8/10/2023-02-07);
- (b) regulations under section 9[(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/10/2023-02-07);
- (c) regulations under section 11[(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/11/7/2023-02-07) which make provision for the removal of an entry in Schedule 1 where the authority concerned has ceased to exist;
- (d) regulations under section 11[(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/11/7/2023-02-07) which make provision for the modification of an entry in Schedule 1 in consequence of a change of name or transfer of functions;
- (e) regulations under section 12[(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/12/3/2023-02-07) which make provision for the removal of an entry in Schedule 2 where the authority concerned has ceased to exist;
- (f) regulations under section 12[(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/12/3/2023-02-07) which make provision for the modification of an entry in Schedule 2 in consequence of a change of name or transfer of functions;
- (g) regulations under section 14[(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/14/4/2023-02-07).
- (6) A statutory instrument within subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/22/5/2023-02-07) is subject to annulment in pursuance of a resolution of either House of Parliament.
#### Index of defined expressions
@@ -1015,28 +1015,28 @@
| Expression | Provision |
| --- | --- |
| the data protection legislation | section 10[(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/10/10/2023-01-31) |
| educational authority | section 12[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/12/1/2023-01-31) and Schedule 2 |
| educational authority for a local government area | section 12[(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/12/2/2023-01-31) and Schedule 2 |
| educational authority for a relevant area | section 9[(13)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/13/2023-01-31) |
| the data protection legislation | section 10[(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/10/10/2023-02-07) |
| educational authority | section 12[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/12/1/2023-02-07) and Schedule 2 |
| educational authority for a local government area | section 12[(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/12/2/2023-02-07) and Schedule 2 |
| educational authority for a relevant area | section 9[(13)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/13/2023-02-07) |
| health or social care authority | section 10(9) |
| local government area | section 11[(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/11/4/2023-01-31) |
| local government area | section 11[(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/11/4/2023-02-07) |
| patient information | section 10(9) |
| personal information | section 10(9) |
| preventing serious violence | section 13(1) and [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/13/2/2023-01-31) |
| prison authority | section 12[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/12/1/2023-01-31) and Schedule 2 |
| prison authority for a local government area | section 12[(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/12/2/2023-01-31) and Schedule 2 |
| prison authority for a relevant area | section 9[(13)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/13/2023-01-31) |
| preventing serious violence | section 13(1) and [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/13/2/2023-02-07) |
| prison authority | section 12[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/12/1/2023-02-07) and Schedule 2 |
| prison authority for a local government area | section 12[(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/12/2/2023-02-07) and Schedule 2 |
| prison authority for a relevant area | section 9[(13)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/13/2023-02-07) |
| reducing serious violence | section 13(1) |
| relevant area | section 9[(13)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/13/2023-01-31) |
| serious violence | section 13[(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/13/6/2023-01-31) |
| specified authority | section 11[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/11/1/2023-01-31) and Schedule 1 |
| specified authority for a local government area | section 11[(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/11/6/2023-01-31) and Schedule 1 |
| specified authority for a relevant area | section 9[(13)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/13/2023-01-31) |
| relevant area | section 9[(13)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/13/2023-02-07) |
| serious violence | section 13[(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/13/6/2023-02-07) |
| specified authority | section 11[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/11/1/2023-02-07) and Schedule 1 |
| specified authority for a local government area | section 11[(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/11/6/2023-02-07) and Schedule 1 |
| specified authority for a relevant area | section 9[(13)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/13/2023-02-07) |
| violence | section 13(3) |
| youth custody authority | section 12[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/12/1/2023-01-31) and Schedule 2 |
| youth custody authority for a local government area | section 12[(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/12/2/2023-01-31) and Schedule 2 |
| youth custody authority for a relevant area | section 9[(13)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/13/2023-01-31) |
| youth custody authority | section 12[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/12/1/2023-02-07) and Schedule 2 |
| youth custody authority for a local government area | section 12[(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/12/2/2023-02-07) and Schedule 2 |
| youth custody authority for a relevant area | section 9[(13)](https://www.legislation.gov.uk/ukpga/2022/32/section/9/13/2023-02-07) |
### CHAPTER 2 — Offensive weapons homicide reviews
@@ -1062,13 +1062,13 @@
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.
- (2) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/1/2023-01-31) is subject to subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/3/2023-01-31) to [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/5/2023-01-31) and section 26.
- (3) If the review partner considers, on further information, that any of the conditions mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/1/2023-01-31)[(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/1/a/2023-01-31) to [(c)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/1/c/2023-01-31) is not satisfied in the case of the person’s death, the review partner ceases to be under a duty to arrange for there to be a review under this section of the death (and a review may accordingly be discontinued).
- (4) If the review partner considers, on further information, that the condition mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/1/2023-01-31)[(d)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/1/d/2023-01-31) is not satisfied in the case of the person’s death, the review partner ceases to be under a duty to arrange for there to be a review under this section of the death, except where such a review of the death has already started to take place under arrangements made by the review partner and other review partners.
- (5) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/1/2023-01-31) does not require a review partner to arrange for there to be a review under this section of a person’s death if such a review of the death has already taken place, or started to take place, under arrangements made by other review partners.
- (2) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/1/2023-02-07) is subject to subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/3/2023-02-07) to [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/5/2023-02-07) and section 26.
- (3) If the review partner considers, on further information, that any of the conditions mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/1/2023-02-07)[(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/1/a/2023-02-07) to [(c)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/1/c/2023-02-07) is not satisfied in the case of the person’s death, the review partner ceases to be under a duty to arrange for there to be a review under this section of the death (and a review may accordingly be discontinued).
- (4) If the review partner considers, on further information, that the condition mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/1/2023-02-07)[(d)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/1/d/2023-02-07) is not satisfied in the case of the person’s death, the review partner ceases to be under a duty to arrange for there to be a review under this section of the death, except where such a review of the death has already started to take place under arrangements made by the review partner and other review partners.
- (5) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/1/2023-02-07) does not require a review partner to arrange for there to be a review under this section of a person’s death if such a review of the death has already taken place, or started to take place, under arrangements made by other review partners.
- (6) For the purposes of this section, the homicide of a person is a qualifying homicide if—
@@ -1128,7 +1128,7 @@
##### 26
- (1) The duty in section 24[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/1/2023-01-31) does not apply in relation to a death if—
- (1) The duty in section 24[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/1/2023-02-07) does not apply in relation to a death if—
- (a) a child death review must or may be arranged in relation to the death (see section 16M(1) and (2) of the Children Act 2004),
@@ -1136,11 +1136,11 @@
- (c) a safeguarding adults review must or may be established in relation to the death (see section 44(1) and (4) of the Care Act 2014).
- (2) The Secretary of State may by regulations make provision about the duty in section 24[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/1/2023-01-31) not applying in the case of a death which may or must be investigated under arrangements made by NHS bodies with respect to deaths caused by persons who are receiving or have received any health services relating to mental health.
- (3) The duty in section 24[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/1/2023-01-31) does not apply in relation to a death if regulations under section 135(4)(a) of the [Social Services and Well-being (Wales) Act 2014 (anaw 4)](https://www.legislation.gov.uk/anaw/2014/4) require a Safeguarding Board to undertake a review of the death.
- (4) The Secretary of State may by regulations make provision about the duty in section 24[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/1/2023-01-31) not applying in the case of a death, caused by a person who is receiving or has received any health services relating to mental health, where there may be a review of, or investigation into, the provision of that health care under section 70 of the Health and Social Care (Community Health and Standards) Act 2003.
- (2) The Secretary of State may by regulations make provision about the duty in section 24[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/1/2023-02-07) not applying in the case of a death which may or must be investigated under arrangements made by NHS bodies with respect to deaths caused by persons who are receiving or have received any health services relating to mental health.
- (3) The duty in section 24[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/1/2023-02-07) does not apply in relation to a death if regulations under section 135(4)(a) of the [Social Services and Well-being (Wales) Act 2014 (anaw 4)](https://www.legislation.gov.uk/anaw/2014/4) require a Safeguarding Board to undertake a review of the death.
- (4) The Secretary of State may by regulations make provision about the duty in section 24[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/24/1/2023-02-07) not applying in the case of a death, caused by a person who is receiving or has received any health services relating to mental health, where there may be a review of, or investigation into, the provision of that health care under section 70 of the Health and Social Care (Community Health and Standards) Act 2003.
#### Notification of Secretary of State
@@ -1154,9 +1154,9 @@
- (c) that the review partner has not been able to take a decision on the matter.
- (2) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/27/1/2023-01-31) does not apply if, when the review partner becomes aware of qualifying circumstances in relation to a person’s death, the review partner is also aware that no duty in section 24(1) arises in respect of the death because of section 24(5) or 26.
- (3) If a review partner gives a notification under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/27/1/2023-01-31)[(c)](https://www.legislation.gov.uk/ukpga/2022/32/section/27/1/c/2023-01-31), the review partner must notify the Secretary of State of the review partner’s decision on the matter once it has been taken.
- (2) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/27/1/2023-02-07) does not apply if, when the review partner becomes aware of qualifying circumstances in relation to a person’s death, the review partner is also aware that no duty in section 24(1) arises in respect of the death because of section 24(5) or 26.
- (3) If a review partner gives a notification under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/27/1/2023-02-07)[(c)](https://www.legislation.gov.uk/ukpga/2022/32/section/27/1/c/2023-02-07), the review partner must notify the Secretary of State of the review partner’s decision on the matter once it has been taken.
- (4) Where a review partner—
@@ -1196,7 +1196,7 @@
- (b) to consider whether it would be appropriate for anyone to take action in respect of those lessons learned.
- (3) Where the review partners consider that it would be appropriate for a person to take action as mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/28/2/2023-01-31)[(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/28/2/b/2023-01-31), they must inform that person.
- (3) Where the review partners consider that it would be appropriate for a person to take action as mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/28/2/2023-02-07)[(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/28/2/b/2023-02-07), they must inform that person.
- (4) The review partners must prepare a report on the review and send it to the Secretary of State.
@@ -1206,7 +1206,7 @@
- (b) any conclusions drawn by the review partners, and
- (c) recommendations made in light of those findings and conclusions (including those referred to in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/28/3/2023-01-31)).
- (c) recommendations made in light of those findings and conclusions (including those referred to in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/28/3/2023-02-07)).
- (6) The review partners must not include in the report sent to the Secretary of State material that they consider—
@@ -1224,7 +1224,7 @@
- (1) A review partner may request a person to provide information specified in the request to the review partner or another review partner.
- (2) A review partner may make a request to a person under this section only if the conditions in subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/29/3/2023-01-31) and [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/29/4/2023-01-31) are satisfied.
- (2) A review partner may make a request to a person under this section only if the conditions in subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/29/3/2023-02-07) and [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/29/4/2023-02-07) are satisfied.
- (3) The condition in this subsection is that the request is made for the purpose of enabling or assisting the performance of functions conferred on a review partner by sections 24 to 28.
@@ -1232,7 +1232,7 @@
- (5) The person to whom a request under this section is made must comply with the request.
- (6) The review partner that made the request may enforce the duty under subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/29/5/2023-01-31) against the person by making an application to the High Court or the county court for an injunction.
- (6) The review partner that made the request may enforce the duty under subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/29/5/2023-02-07) against the person by making an application to the High Court or the county court for an injunction.
- (7) A review partner may provide information to another review partner for the purpose of enabling or assisting the performance of functions under sections 24 to 28.
@@ -1270,7 +1270,7 @@
to carry out on their behalf, in relation to the person’s death, one or more of the functions specified in the regulations.
- (2) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/31/1/2023-01-31) may specify some or all of the functions of a review partner under section 28 or 29 relating to a review under section 24 or a report on the review.
- (2) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/31/1/2023-02-07) may specify some or all of the functions of a review partner under section 28 or 29 relating to a review under section 24 or a report on the review.
- (3) The Secretary of State may by regulations make provision enabling—
@@ -1280,7 +1280,7 @@
to agree that one of them carry out on behalf of the other one or more of the functions specified in the regulations.
- (4) Regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/31/3/2023-01-31) may specify some or all of the functions of a review partner under sections 24 to 29.
- (4) Regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/31/3/2023-02-07) may specify some or all of the functions of a review partner under sections 24 to 29.
#### Guidance
@@ -1314,7 +1314,7 @@
- (b) in relation to the whole of England and Wales,
only if the conditions in subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/34/2/2023-01-31) and [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/34/3/2023-01-31) are met.
only if the conditions in subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/34/2/2023-02-07) and [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/34/3/2023-02-07) are met.
- (2) The condition in this subsection is that regulations under section 208(1) have brought some or all of sections 24 to 30, 32 and 33 into force only—
@@ -1334,7 +1334,7 @@
- (b) make transitional or saving provision in connection with that provision ceasing to be in force at the end of the specified period.
- (5) Regulations containing provision by virtue of subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/34/4/2023-01-31)[(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/34/4/a/2023-01-31) may be amended by subsequent regulations under section 208(1) so as to continue any provision of sections 24 to 30, 32 and 33 in force—
- (5) Regulations containing provision by virtue of subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/34/4/2023-02-07)[(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/34/4/a/2023-02-07) may be amended by subsequent regulations under section 208(1) so as to continue any provision of sections 24 to 30, 32 and 33 in force—
- (a) for the specified purpose, or
@@ -1358,9 +1358,9 @@
- (3) A statutory instrument containing regulations under this Chapter may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
- (4) Subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/35/3/2023-01-31) does not apply to a statutory instrument containing only regulations under section 26[(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/26/2/2023-01-31) or [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/26/4/2023-01-31).
- (5) A statutory instrument within subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/35/4/2023-01-31) is subject to annulment in pursuance of a resolution of either House of Parliament.
- (4) Subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/35/3/2023-02-07) does not apply to a statutory instrument containing only regulations under section 26[(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/26/2/2023-02-07) or [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/26/4/2023-02-07).
- (5) A statutory instrument within subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/35/4/2023-02-07) is subject to annulment in pursuance of a resolution of either House of Parliament.
#### Interpretation
@@ -1390,7 +1390,7 @@
- (b) make such consequential amendments of this Chapter as appear to the Secretary of State to be appropriate.
- (3) Before making regulations under subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/36/2/2023-01-31), the Secretary of State must consult—
- (3) Before making regulations under subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/36/2/2023-02-07), the Secretary of State must consult—
- (a) such persons as appear to the Secretary of State to represent review partners,
@@ -1410,7 +1410,7 @@
- (b) that user has agreed to the extraction of information from the device by an authorised person.
- (2) The power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-01-31) may be exercised only for the purposes of—
- (2) The power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-02-07) may be exercised only for the purposes of—
- (a) preventing, detecting, investigating or prosecuting crime,
@@ -1418,43 +1418,43 @@
- (c) protecting a child or an at-risk adult from neglect or physical, mental or emotional harm.
- (3) The reference in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/2/2023-01-31) to crime is a reference to—
- (3) The reference in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/2/2023-02-07) to crime is a reference to—
- (a) conduct which constitutes one or more criminal offences in any part of the United Kingdom, or
- (b) conduct which, if it took place in any part of the United Kingdom, would constitute one or more criminal offences.
- (4) For the purposes of subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/2/2023-01-31) an adult is an at-risk adult if the authorised person reasonably believes that the adult—
- (4) For the purposes of subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/2/2023-02-07) an adult is an at-risk adult if the authorised person reasonably believes that the adult—
- (a) is experiencing, or at risk of, neglect or physical, mental or emotional harm, and
- (b) is unable to protect themselves against the neglect or harm or the risk of it.
- (5) An authorised person may exercise the power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-01-31) only if—
- (a) in a case where the authorised person proposes to exercise the power for a purpose within subsection [(2)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/2/a/2023-01-31), the authorised person reasonably believes that information stored on the electronic device is relevant to a reasonable line of enquiry which is being, or is to be, pursued by an authorised person,
- (b) in a case where the authorised person proposes to exercise the power for a purpose within subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/2/b/2023-01-31) or [(c)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/2/c/2023-01-31), the authorised person reasonably believes that information stored on the electronic device is relevant to that purpose, and
- (c) in any case, the authorised person is satisfied that exercise of the power is necessary and proportionate to achieve the purpose within subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/2/2023-01-31) for which the person proposes to exercise the power.
- (6) Subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/7/2023-01-31) applies if the authorised person thinks that, in exercising the power, there is a risk of obtaining information other than—
- (a) information necessary for a purpose within subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/2/2023-01-31) for which the authorised person may exercise the power, or
- (b) information necessary for a purpose within subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/2/2023-01-31) of section 41 (investigations of death) for which the authorised person may exercise the power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/1/2023-01-31) of that section.
- (7) The authorised person must, to be satisfied that the exercise of the power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-01-31) is proportionate, be satisfied that—
- (5) An authorised person may exercise the power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-02-07) only if—
- (a) in a case where the authorised person proposes to exercise the power for a purpose within subsection [(2)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/2/a/2023-02-07), the authorised person reasonably believes that information stored on the electronic device is relevant to a reasonable line of enquiry which is being, or is to be, pursued by an authorised person,
- (b) in a case where the authorised person proposes to exercise the power for a purpose within subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/2/b/2023-02-07) or [(c)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/2/c/2023-02-07), the authorised person reasonably believes that information stored on the electronic device is relevant to that purpose, and
- (c) in any case, the authorised person is satisfied that exercise of the power is necessary and proportionate to achieve the purpose within subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/2/2023-02-07) for which the person proposes to exercise the power.
- (6) Subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/7/2023-02-07) applies if the authorised person thinks that, in exercising the power, there is a risk of obtaining information other than—
- (a) information necessary for a purpose within subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/2/2023-02-07) for which the authorised person may exercise the power, or
- (b) information necessary for a purpose within subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/2/2023-02-07) of section 41 (investigations of death) for which the authorised person may exercise the power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/1/2023-02-07) of that section.
- (7) The authorised person must, to be satisfied that the exercise of the power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-02-07) is proportionate, be satisfied that—
- (a) there are no other means of obtaining the information sought by the authorised person which avoid that risk, or
- (b) there are such other means, but it is not reasonably practicable to use them.
- (8) Subsection [(9)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/9/2023-01-31) applies if the authorised person thinks that, in exercising the power in subsection (1), there is a risk of obtaining confidential information.
- (8) Subsection [(9)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/9/2023-02-07) applies if the authorised person thinks that, in exercising the power in subsection (1), there is a risk of obtaining confidential information.
- (9) The authorised person must, to be satisfied that the exercise of the power is proportionate—
- (a) have regard to the matters in subsection [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/10/2023-01-31), and
- (a) have regard to the matters in subsection [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/10/2023-02-07), and
- (b) be satisfied that—
@@ -1462,7 +1462,7 @@
- (ii) there are such other means, but it is not reasonably practicable to use them.
- (10) The matters referred to in subsection [(9)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/9/a/2023-01-31) are—
- (10) The matters referred to in subsection [(9)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/9/a/2023-02-07) are—
- (a) the amount of confidential information likely to be stored on the device, and
@@ -1472,7 +1472,7 @@
- (ii) a purpose within subsection (2) of section 41 for which the authorised person may exercise the power in subsection (1) of that section.
- (11) An authorised person must have regard to the code of practice for the time being in force under section 42 in exercising, or deciding whether to exercise, the power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-01-31).
- (11) An authorised person must have regard to the code of practice for the time being in force under section 42 in exercising, or deciding whether to exercise, the power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-02-07).
- (12) This section does not affect any power relating to the extraction or production of information, or any power to seize any item or obtain any information, conferred by an enactment or rule of law.
@@ -1480,7 +1480,7 @@
- “*adult*” means a person aged 18 or over;
- “*authorised person*” has the meaning given by subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/1/2023-01-31) of section 44 (subject to subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/2/2023-01-31) and [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/3/2023-01-31) of that section);
- “*authorised person*” has the meaning given by subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/1/2023-02-07) of section 44 (subject to subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/2/2023-02-07) and [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/3/2023-02-07) of that section);
- “*child*” means a person aged under 18;
@@ -1504,71 +1504,71 @@
##### 38
- (1) A child is not to be treated for the purposes of section 37[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-01-31) as being capable of—
- (1) A child is not to be treated for the purposes of section 37[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-02-07) as being capable of—
- (a) voluntarily providing an electronic device to an authorised person for those purposes, or
- (b) agreeing for those purposes to the extraction of information from the device by an authorised person.
- (2) If a child is a user of an electronic device, a person who is not a user of the device but is listed in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/3/2023-01-31) may—
- (a) voluntarily provide the device to an authorised person for the purposes of section 37[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-01-31), and
- (2) If a child is a user of an electronic device, a person who is not a user of the device but is listed in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/3/2023-02-07) may—
- (a) voluntarily provide the device to an authorised person for the purposes of section 37[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-02-07), and
- (b) agree for those purposes to the extraction of information from the device by an authorised person.
- (3) The persons mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/2/2023-01-31) are—
- (3) The persons mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/2/2023-02-07) are—
- (a) a parent or guardian of the child or, if the child is in the care of a relevant authority or voluntary organisation, a person representing that authority or organisation, or
- (b) if no person within paragraph [(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/3/a/2023-01-31) is available, any responsible person who is aged 18 or over other than a relevant authorised person.
- (4) Before exercising the power under section 37[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-01-31) by virtue of subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/2/2023-01-31), an authorised person must, so far as it is reasonably practicable to do so—
- (b) if no person within paragraph [(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/3/a/2023-02-07) is available, any responsible person who is aged 18 or over other than a relevant authorised person.
- (4) Before exercising the power under section 37[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-02-07) by virtue of subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/2/2023-02-07), an authorised person must, so far as it is reasonably practicable to do so—
- (a) ascertain the views of the child, and
- (b) have regard to any views so ascertained, taking account of the child’s age and maturity.
- (5) If an authorised person (“*A*”) exercises the power under section 37[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-01-31) as a result of action taken under subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/2/2023-01-31) by a person within subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/3/2023-01-31)(b), A must, unless A considers that it is not appropriate to do so, inform a person within subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/3/2023-01-31)(a) that A has exercised the power.
- (6) An adult without capacity is not to be treated for the purposes of section 37[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-01-31) as being capable of—
- (5) If an authorised person (“*A*”) exercises the power under section 37[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-02-07) as a result of action taken under subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/2/2023-02-07) by a person within subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/3/2023-02-07)(b), A must, unless A considers that it is not appropriate to do so, inform a person within subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/3/2023-02-07)(a) that A has exercised the power.
- (6) An adult without capacity is not to be treated for the purposes of section 37[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-02-07) as being capable of—
- (a) voluntarily providing an electronic device to an authorised person for those purposes, or
- (b) agreeing for those purposes to the extraction of information from the device by an authorised person.
- (7) If a user of an electronic device is an adult without capacity, a person who is not a user of the device but is listed in subsection [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/8/2023-01-31) may—
- (a) voluntarily provide the device to an authorised person for the purposes of section 37[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-01-31), and
- (7) If a user of an electronic device is an adult without capacity, a person who is not a user of the device but is listed in subsection [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/8/2023-02-07) may—
- (a) voluntarily provide the device to an authorised person for the purposes of section 37[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-02-07), and
- (b) agree for those purposes to the extraction of information from the device by an authorised person.
- (8) The persons mentioned in subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/7/2023-01-31) are—
- (8) The persons mentioned in subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/7/2023-02-07) are—
- (a) a parent or guardian of the adult without capacity or, if the adult without capacity is in the care of a relevant authority or voluntary organisation, a person representing that authority or organisation,
- (b) a registered social worker,
- (c) a person who, under a power of attorney, may make decisions for the purposes of subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/7/2023-01-31)(a) and (b) on behalf of the adult without capacity,
- (d) a deputy appointed under section 16 of the Mental Capacity Act 2005 or section 113 of the Mental Capacity Act (Northern Ireland) 2016 who may make decisions for the purposes of subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/7/2023-01-31)(a) and (b) on behalf of the adult without capacity by virtue of that appointment,
- (e) a person authorised under an intervention order under section 53 of the Adults with Incapacity (Scotland) Act [2000 (asp 4)](https://www.legislation.gov.uk/asp/2000/4) who may make decisions for the purposes of subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/7/2023-01-31)(a) and (b) on behalf of the adult without capacity by virtue of that authorisation, or
- (f) if no person within any of paragraphs [(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/8/a/2023-01-31) to [(e)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/8/e/2023-01-31) is available, any responsible person who is aged 18 or over other than a relevant authorised person.
- (c) a person who, under a power of attorney, may make decisions for the purposes of subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/7/2023-02-07)(a) and (b) on behalf of the adult without capacity,
- (d) a deputy appointed under section 16 of the Mental Capacity Act 2005 or section 113 of the Mental Capacity Act (Northern Ireland) 2016 who may make decisions for the purposes of subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/7/2023-02-07)(a) and (b) on behalf of the adult without capacity by virtue of that appointment,
- (e) a person authorised under an intervention order under section 53 of the Adults with Incapacity (Scotland) Act [2000 (asp 4)](https://www.legislation.gov.uk/asp/2000/4) who may make decisions for the purposes of subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/7/2023-02-07)(a) and (b) on behalf of the adult without capacity by virtue of that authorisation, or
- (f) if no person within any of paragraphs [(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/8/a/2023-02-07) to [(e)](https://www.legislation.gov.uk/ukpga/2022/32/section/38/8/e/2023-02-07) is available, any responsible person who is aged 18 or over other than a relevant authorised person.
- (9) Nothing in this section prevents any other user of an electronic device who is not a child or an adult without capacity from—
- (a) voluntarily providing the device to an authorised person for the purposes of section 37[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-01-31), or
- (a) voluntarily providing the device to an authorised person for the purposes of section 37[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-02-07), or
- (b) agreeing for those purposes to the extraction of information from the device by an authorised person.
- (10) For the purposes of this Chapter a person is an adult without capacity if—
- (a) in relation to England and Wales, the person is an adult who, within the meaning of the Mental Capacity Act 2005, lacks capacity to do the things mentioned in section 37[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-01-31)(a) and (b);
- (b) in relation to Scotland, the person is an adult (within the meaning of this Chapter) who is incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000 in relation to the matters mentioned in section 37[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-01-31)(a) and (b);
- (c) in relation to Northern Ireland, the person is an adult who, within the meaning of the Mental Capacity Act (Northern Ireland) 2016, lacks capacity to do the things mentioned in section 37[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-01-31)(a) and (b).
- (a) in relation to England and Wales, the person is an adult who, within the meaning of the Mental Capacity Act 2005, lacks capacity to do the things mentioned in section 37[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-02-07)(a) and (b);
- (b) in relation to Scotland, the person is an adult (within the meaning of this Chapter) who is incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000 in relation to the matters mentioned in section 37[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-02-07)(a) and (b);
- (c) in relation to Northern Ireland, the person is an adult who, within the meaning of the Mental Capacity Act (Northern Ireland) 2016, lacks capacity to do the things mentioned in section 37[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-02-07)(a) and (b).
- (11) In this Chapter—
@@ -1610,7 +1610,7 @@
- (e) stating that the investigation or enquiry for the purposes of which the information is sought will not be brought to an end merely because P refuses to provide the device or agree to the extraction of information from it.
- (4) Subject to subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/39/5/2023-01-31), P must have confirmed in writing that P has—
- (4) Subject to subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/39/5/2023-02-07), P must have confirmed in writing that P has—
- (a) voluntarily provided the device to an authorised person, and
@@ -1630,7 +1630,7 @@
##### 40
- (1) If any of conditions A to C is met, an authorised person may exercise the power in section 37[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-01-31) to extract information stored on an electronic device from that device even though—
- (1) If any of conditions A to C is met, an authorised person may exercise the power in section 37[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-02-07) to extract information stored on an electronic device from that device even though—
- (a) the device has not been voluntarily provided to an authorised person by a user of the device, or
@@ -1656,7 +1656,7 @@
- (c) an authorised person reasonably believes that the person’s life is at risk or there is a risk of serious harm to the person.
- (5) The exercise of the power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-01-31) of section 37 by virtue of this section is subject to that section.
- (5) The exercise of the power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-02-07) of section 37 by virtue of this section is subject to that section.
#### Extraction of information from electronic devices: investigations of death
@@ -1668,7 +1668,7 @@
- (b) the person was a user of the device immediately before their death.
- (2) The power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/1/2023-01-31) may be exercised only for the purposes of—
- (2) The power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/1/2023-02-07) may be exercised only for the purposes of—
- (a) an investigation into the person’s death under Chapter 1 of Part 1 of the Coroners and Justice Act 2009,
@@ -1676,19 +1676,19 @@
- (c) an investigation into the person’s death by the Lord Advocate.
- (3) References in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/2/2023-01-31) to the exercise of the power in subsection (1) for the purposes of an investigation or inquest include references to the exercise of that power for the purposes of determining whether an investigation should be conducted or an inquest should be held.
- (4) An authorised person may exercise the power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/1/2023-01-31) only if—
- (a) the authorised person reasonably believes that information stored on the electronic device is relevant to a purpose within subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/2/2023-01-31), and
- (3) References in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/2/2023-02-07) to the exercise of the power in subsection (1) for the purposes of an investigation or inquest include references to the exercise of that power for the purposes of determining whether an investigation should be conducted or an inquest should be held.
- (4) An authorised person may exercise the power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/1/2023-02-07) only if—
- (a) the authorised person reasonably believes that information stored on the electronic device is relevant to a purpose within subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/2/2023-02-07), and
- (b) the authorised person is satisfied that exercise of the power is necessary and proportionate to achieve that purpose.
- (5) Subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/6/2023-01-31) applies if the authorised person thinks that, in exercising the power, there is a risk of obtaining information other than—
- (a) information necessary for a purpose within subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/2/2023-01-31), or
- (b) information necessary for a purpose within section 37[(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/2/2023-01-31).
- (5) Subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/6/2023-02-07) applies if the authorised person thinks that, in exercising the power, there is a risk of obtaining information other than—
- (a) information necessary for a purpose within subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/2/2023-02-07), or
- (b) information necessary for a purpose within section 37[(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/2/2023-02-07).
- (6) The authorised person must, to be satisfied that the exercise of the power is proportionate, be satisfied that—
@@ -1696,11 +1696,11 @@
- (b) there are such other means, but it is not reasonably practicable to use them.
- (7) Subsection [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/8/2023-01-31) applies if the authorised person thinks that, in exercising the power in subsection (1), there is a risk of obtaining confidential information.
- (7) Subsection [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/8/2023-02-07) applies if the authorised person thinks that, in exercising the power in subsection (1), there is a risk of obtaining confidential information.
- (8) The authorised person must, to be satisfied that the exercise of the power is proportionate—
- (a) have regard to the matters in subsection [(9)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/9/2023-01-31), and
- (a) have regard to the matters in subsection [(9)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/9/2023-02-07), and
- (b) be satisfied that—
@@ -1708,13 +1708,13 @@
- (ii) there are such other means, but it is not reasonably practicable to use them.
- (9) The matters referred to in subsection [(8)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/8/a/2023-01-31) are—
- (9) The matters referred to in subsection [(8)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/8/a/2023-02-07) are—
- (a) the amount of confidential information likely to be stored on the device, and
- (b) the potential relevance of the confidential information to a purpose within subsection (2) or section 37(2).
- (10) An authorised person must have regard to the code of practice for the time being in force under section 42 in exercising, or deciding whether to exercise, the power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/1/2023-01-31).
- (10) An authorised person must have regard to the code of practice for the time being in force under section 42 in exercising, or deciding whether to exercise, the power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/1/2023-02-07).
- (11) This section does not affect any power relating to the extraction or production of information, or any power to seize any item or obtain any information, conferred by an enactment or rule of law.
@@ -1742,13 +1742,13 @@
- (g) such other persons as the Secretary of State considers appropriate.
- (4) Subsection [(3)(f)](https://www.legislation.gov.uk/ukpga/2022/32/section/42/3/f/2023-01-31) does not apply on or after the day appointed under Article 4(4) of the Victims and Survivors (Northern Ireland) Order 2006 ([S.I. 2006/2953 (N.I. 17)](https://www.legislation.gov.uk/nisi/2006/2953)) (power to revoke Article 4).
- (4) Subsection [(3)(f)](https://www.legislation.gov.uk/ukpga/2022/32/section/42/3/f/2023-02-07) does not apply on or after the day appointed under Article 4(4) of the Victims and Survivors (Northern Ireland) Order 2006 ([S.I. 2006/2953 (N.I. 17)](https://www.legislation.gov.uk/nisi/2006/2953)) (power to revoke Article 4).
- (5) After preparing the code, the Secretary of State must lay it before Parliament and publish it.
- (6) The code is to be brought into force by regulations made by statutory instrument.
- (7) A statutory instrument containing regulations under subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/42/6/2023-01-31) is subject to annulment in pursuance of a resolution of either House of Parliament.
- (7) A statutory instrument containing regulations under subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/42/6/2023-02-07) is subject to annulment in pursuance of a resolution of either House of Parliament.
- (8) After the code has come into force the Secretary of State may from time to time revise it.
@@ -1756,9 +1756,9 @@
- (10) But the code is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to act in accordance with it in determining a question in the proceedings.
- (11) References in subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/42/2/2023-01-31) to [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/42/10/2023-01-31) to the code include a revised code, subject to subsection [(12)](https://www.legislation.gov.uk/ukpga/2022/32/section/42/12/2023-01-31).
- (12) The duty to consult in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/42/3/2023-01-31) does not apply in relation to the preparation of a revised code if the Secretary of State considers that the proposed revisions are insubstantial.
- (11) References in subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/42/2/2023-02-07) to [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/42/10/2023-02-07) to the code include a revised code, subject to subsection [(12)](https://www.legislation.gov.uk/ukpga/2022/32/section/42/12/2023-02-07).
- (12) The duty to consult in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/42/3/2023-02-07) does not apply in relation to the preparation of a revised code if the Secretary of State considers that the proposed revisions are insubstantial.
#### Confidential information
@@ -1770,7 +1770,7 @@
- (b) protected material.
- (2) In subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/43/1/2023-01-31)(b) “protected material”—
- (2) In subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/43/1/2023-02-07)(b) “protected material”—
- (a) in relation to England and Wales means—
@@ -1798,11 +1798,11 @@
##### 44
- (1) Subject to subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/2/2023-01-31) and [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/3/2023-01-31), in this Chapter “*authorised person*” means a person listed in Schedule 3.
- (2) The power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-01-31) of section 37 may be exercised for a purpose mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/2/2023-01-31)[(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/2/b/2023-01-31) or [(c)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/2/c/2023-01-31) of that section only by a person listed in Part 1 or 2 of Schedule 3.
- (3) The power in section 41[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/1/2023-01-31) may be exercised only by a person listed in Part 1 of Schedule 3.
- (1) Subject to subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/2/2023-02-07) and [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/3/2023-02-07), in this Chapter “*authorised person*” means a person listed in Schedule 3.
- (2) The power in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/1/2023-02-07) of section 37 may be exercised for a purpose mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/2/2023-02-07)[(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/2/b/2023-02-07) or [(c)](https://www.legislation.gov.uk/ukpga/2022/32/section/37/2/c/2023-02-07) of that section only by a person listed in Part 1 or 2 of Schedule 3.
- (3) The power in section 41[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/41/1/2023-02-07) may be exercised only by a person listed in Part 1 of Schedule 3.
- (4) The Secretary of State may by regulations made by statutory instrument amend Schedule 3—
@@ -1812,19 +1812,19 @@
- (c) so as to modify a description of a person mentioned in that Schedule.
- (5) Regulations under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/4/2023-01-31) may contain transitional, transitory or saving provision.
- (6) The Secretary of State must consult the Scottish Ministers before making regulations under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/4/2023-01-31) if and so far as the regulations make provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
- (7) The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/4/2023-01-31) if and so far as the regulations make provision that, if it were contained in an Act of the Northern Ireland Assembly—
- (5) Regulations under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/4/2023-02-07) may contain transitional, transitory or saving provision.
- (6) The Secretary of State must consult the Scottish Ministers before making regulations under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/4/2023-02-07) if and so far as the regulations make provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
- (7) The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/4/2023-02-07) if and so far as the regulations make provision that, if it were contained in an Act of the Northern Ireland Assembly—
- (a) would be within the legislative competence of that Assembly, and
- (b) would not require the consent of the Secretary of State.
- (8) Subject to subsection [(9)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/9/2023-01-31), a statutory instrument containing regulations under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/4/2023-01-31)[(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/4/a/2023-01-31) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
- (9) Subsection [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/8/2023-01-31) does not apply to a statutory instrument containing regulations which—
- (8) Subject to subsection [(9)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/9/2023-02-07), a statutory instrument containing regulations under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/4/2023-02-07)[(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/4/a/2023-02-07) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
- (9) Subsection [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/8/2023-02-07) does not apply to a statutory instrument containing regulations which—
- (a) remove a reference to a person from Part 1 of Schedule 3 and add a reference to that person to Part 2 or 3 of that Schedule, or
@@ -1832,11 +1832,11 @@
- (10) A statutory instrument containing—
- (a) regulations under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/4/2023-01-31)[(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/4/a/2023-01-31) to which subsection [(9)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/9/2023-01-31) applies, or
- (b) regulations under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/4/2023-01-31)[(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/4/b/2023-01-31) or [(c)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/4/c/2023-01-31),
and which is not a statutory instrument to which subsection [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/8/2023-01-31) applies is subject to annulment in pursuance of a resolution of either House of Parliament.
- (a) regulations under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/4/2023-02-07)[(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/4/a/2023-02-07) to which subsection [(9)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/9/2023-02-07) applies, or
- (b) regulations under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/4/2023-02-07)[(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/4/b/2023-02-07) or [(c)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/4/c/2023-02-07),
and which is not a statutory instrument to which subsection [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/44/8/2023-02-07) applies is subject to annulment in pursuance of a resolution of either House of Parliament.
### CHAPTER 4 — Other provisions
@@ -2220,13 +2220,13 @@
> - “*Agency complaints function*” means a function in relation to the exercise of functions by officers of the Agency;
> - “*data protection legislation*” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
- (5) The amendments made by subsections [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/54/1/2023-01-31) to [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/54/3/2023-01-31) and any regulations made under provision inserted by subsections [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/54/1/2023-01-31) and [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/54/2/2023-01-31) bind the Crown.
- (6) No contravention by the Crown of section [25A](#p00504) of the Food Standards Act 1999 (as inserted by subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/54/3/2023-01-31)) makes the Crown criminally liable; but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention.
- (5) The amendments made by subsections [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/54/1/2023-02-07) to [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/54/3/2023-02-07) and any regulations made under provision inserted by subsections [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/54/1/2023-02-07) and [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/54/2/2023-02-07) bind the Crown.
- (6) No contravention by the Crown of section [25A](#p00504) of the Food Standards Act 1999 (as inserted by subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/54/3/2023-02-07)) makes the Crown criminally liable; but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention.
- (7) That section applies to persons in the public service of the Crown as it applies to other persons.
- (8) If the Secretary of State certifies that it appears requisite or expedient in the interests of national security that any powers of entry conferred by regulations made under provision inserted by subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/54/1/2023-01-31) should not be exercisable in relation to any Crown premises specified in the certificate, those powers shall not be exercisable in relation to those premises.
- (8) If the Secretary of State certifies that it appears requisite or expedient in the interests of national security that any powers of entry conferred by regulations made under provision inserted by subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/54/1/2023-02-07) should not be exercisable in relation to any Crown premises specified in the certificate, those powers shall not be exercisable in relation to those premises.
- (9) In this section “*Crown premises*” means premises held or used by or on behalf of the Crown.
@@ -2240,7 +2240,7 @@
- (1) On an application made by a constable, a justice of the peace may issue a warrant authorising a constable to enter and search premises if the justice of the peace is satisfied that the following conditions are met.
- (2) The first condition is that there are reasonable grounds for believing that there is material on the premises mentioned in subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/55/5/2023-01-31) that consists of, or may relate to the location of, relevant human remains.
- (2) The first condition is that there are reasonable grounds for believing that there is material on the premises mentioned in subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/55/5/2023-02-07) that consists of, or may relate to the location of, relevant human remains.
- (3) The second condition is that there are reasonable grounds for believing that the material does not consist of or include—
@@ -2260,7 +2260,7 @@
- (d) that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.
- (5) The premises referred to in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/55/2/2023-01-31) are—
- (5) The premises referred to in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/55/2/2023-02-07) are—
- (a) one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”), or
@@ -2268,7 +2268,7 @@
- (6) If the application is for an all premises warrant, the justice of the peace must also be satisfied—
- (a) that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/55/2/2023-01-31), and
- (a) that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/55/2/2023-02-07), and
- (b) that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched.
@@ -2278,7 +2278,7 @@
- (9) A constable may—
- (a) seize and retain anything for which a search has been authorised under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/55/1/2023-01-31), and
- (a) seize and retain anything for which a search has been authorised under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/55/1/2023-02-07), and
- (b) if necessary, use reasonable force in the exercise of a power conferred by a warrant issued under this section.
@@ -2316,7 +2316,7 @@
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)](https://www.legislation.gov.uk/ukpga/2022/32/section/55/9/a/2023-01-31) of, and paragraph [11(a)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/11/a/2023-01-31) of Schedule 6 to, the Police, Crime, Sentencing and Courts Act 2022 (seizure in connection with human remains or material relating to human remains).
> (73U) Each of the powers of seizure conferred by section 55[(9)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/55/9/a/2023-02-07) of, and paragraph [11(a)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/11/a/2023-02-07) 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
@@ -2326,7 +2326,7 @@
- (1) The Criminal Justice Act 1991 is amended as follows.
- (2) Section 80 (arrangements for the provision of prisoner escorts) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/58/3/2023-01-31) to [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/58/5/2023-01-31).
- (2) Section 80 (arrangements for the provision of prisoner escorts) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/58/3/2023-02-07) to [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/58/5/2023-02-07).
- (3) In subsection (1), after paragraph (b) insert—
@@ -2344,7 +2344,7 @@
.
- (6) Section 82 (powers and duties of prisoner custody officers) is amended in accordance with subsections [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/58/7/2023-01-31) and [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/58/8/2023-01-31).
- (6) Section 82 (powers and duties of prisoner custody officers) is amended in accordance with subsections [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/58/7/2023-02-07) and [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/58/8/2023-02-07).
- (7) After subsection (4) insert—
@@ -2452,7 +2452,7 @@
- (3) Before reissuing a code of practice the Secretary of State must lay a draft of the code as proposed to be reissued before Parliament.
- (4) If, within the 40-day period, either House of Parliament resolves not to approve the code of practice laid under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/61/3/2023-01-31)—
- (4) If, within the 40-day period, either House of Parliament resolves not to approve the code of practice laid under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/61/3/2023-02-07)—
- (a) the code is not to be reissued, and
@@ -2474,7 +2474,7 @@
##### 62
- (1) Section 1 of the Night Poaching Act 1828 (taking or destroying game or rabbits by night or entering land for that purpose) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/62/2/2023-01-31) to [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/62/4/2023-01-31).
- (1) Section 1 of the Night Poaching Act 1828 (taking or destroying game or rabbits by night or entering land for that purpose) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/62/2/2023-02-07) to [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/62/4/2023-02-07).
- (2) The existing text becomes subsection (1).
@@ -2488,7 +2488,7 @@
> (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.
- (5) Section 30 of the Game Act 1831 (trespass in daytime in search of game etc) is amended in accordance with subsections [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/62/6/2023-01-31) to [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/62/8/2023-01-31).
- (5) Section 30 of the Game Act 1831 (trespass in daytime in search of game etc) is amended in accordance with subsections [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/62/6/2023-02-07) to [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/62/8/2023-02-07).
- (6) The existing text becomes subsection (1).
@@ -2518,11 +2518,11 @@
- (c) enabling another person to observe the use of a dog to search for or to pursue a hare.
- (2) It is a defence for a person charged with an offence under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/63/1/2023-01-31) to prove that they had a reasonable excuse for the trespass mentioned in that subsection.
- (3) A person guilty of an offence under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/63/1/2023-01-31) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to both.
- (4) 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 [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/63/3/2023-01-31) to 51 weeks is to be read as a reference to 6 months.
- (2) It is a defence for a person charged with an offence under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/63/1/2023-02-07) to prove that they had a reasonable excuse for the trespass mentioned in that subsection.
- (3) A person guilty of an offence under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/63/1/2023-02-07) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to both.
- (4) 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 [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/63/3/2023-02-07) to 51 weeks is to be read as a reference to 6 months.
#### Being equipped for searching for or pursuing hares with dogs etc
@@ -2530,15 +2530,15 @@
- (1) A person commits an offence if they have an article with them in a place other than a dwelling with the intention that it will be used in the course of or in connection with the commission by any person of an offence under section 63 (trespass with intent to search for or to pursue hares with dogs etc).
- (2) Where a person is charged with an offence under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/64/1/2023-01-31), proof that the person had with them any article made or adapted for use in committing an offence under section 63 is evidence that the person had it with them with the intention that it would be used in the course of or in connection with the commission by any person of an offence under that section.
- (3) A person guilty of an offence under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/64/1/2023-01-31) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to both.
- (4) 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 [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/64/3/2023-01-31) to 51 weeks is to be read as a reference to 6 months.
- (2) Where a person is charged with an offence under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/64/1/2023-02-07), proof that the person had with them any article made or adapted for use in committing an offence under section 63 is evidence that the person had it with them with the intention that it would be used in the course of or in connection with the commission by any person of an offence under that section.
- (3) A person guilty of an offence under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/64/1/2023-02-07) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to both.
- (4) 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 [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/64/3/2023-02-07) to 51 weeks is to be read as a reference to 6 months.
- (5) In this section—
- “*article*” includes a vehicle and, except in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/64/2/2023-01-31), an animal;
- “*article*” includes a vehicle and, except in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/64/2/2023-02-07), an animal;
- “*dwelling*” means—a building or structure which is used as a dwelling, ora part of a building or structure, if the part is used as a dwelling,and includes any yard, garden, garage or outhouse belonging to and used with a dwelling.
@@ -2548,7 +2548,7 @@
- (1) This section applies where—
- (a) a person is convicted of an offence within subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/65/5/2023-01-31) which was committed on or after the day on which this section comes into force,
- (a) a person is convicted of an offence within subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/65/5/2023-02-07) which was committed on or after the day on which this section comes into force,
- (b) a dog was used in or was present at the commission of the offence, and
@@ -2556,7 +2556,7 @@
- (2) The court may make an order (a “recovery order”) requiring the offender to pay all the expenses incurred by reason of the dog’s seizure and detention.
- (3) Any sum required to be paid under subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/65/2/2023-01-31) is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.
- (3) Any sum required to be paid under subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/65/2/2023-02-07) is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.
- (4) Where a recovery order is available for an offence, the court may make such an order whether or not it deals with the offender in any other way for the offence.
@@ -2576,7 +2576,7 @@
- (1) This section applies where—
- (a) a person is convicted of an offence within subsection [(9)](https://www.legislation.gov.uk/ukpga/2022/32/section/66/9/2023-01-31) which was committed on or after the day on which this section comes into force, and
- (a) a person is convicted of an offence within subsection [(9)](https://www.legislation.gov.uk/ukpga/2022/32/section/66/9/2023-02-07) which was committed on or after the day on which this section comes into force, and
- (b) a dog was used in or was present at the commission of the offence.
@@ -2600,7 +2600,7 @@
- (6) A person who breaches a disqualification order commits an offence.
- (7) A person guilty of an offence under subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/66/6/2023-01-31) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
- (7) A person guilty of an offence under subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/66/6/2023-02-07) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
- (8) Where a disqualification order is available for an offence, the court may make such an order whether or not it deals with the offender in any other way for the offence.
@@ -2624,29 +2624,29 @@
- (1) Where, on a court making a disqualification order, it appears to the court that the person to whom the order applies owns or keeps a dog contrary to the order, the court may order that the dog be taken into possession.
- (2) Where a person is convicted of an offence under section 66[(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/66/6/2023-01-31) by reason of owning or keeping a dog in breach of a disqualification order, the court by which the person is convicted may order that all dogs owned or kept in breach of the order be taken into possession.
- (3) An order under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/67/1/2023-01-31) or [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/67/2/2023-01-31), so far as relating to any dog owned by the person to whom the disqualification order applies, must make provision for disposal of the dog.
- (4) Any dog taken into possession in pursuance of an order under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/67/1/2023-01-31) or [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/67/2/2023-01-31) that is not owned by the person subject to the disqualification order is to be dealt with in such manner as an appropriate court may order.
- (5) But an order under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/67/4/2023-01-31) may not provide for the dog to be—
- (2) Where a person is convicted of an offence under section 66[(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/66/6/2023-02-07) by reason of owning or keeping a dog in breach of a disqualification order, the court by which the person is convicted may order that all dogs owned or kept in breach of the order be taken into possession.
- (3) An order under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/67/1/2023-02-07) or [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/67/2/2023-02-07), so far as relating to any dog owned by the person to whom the disqualification order applies, must make provision for disposal of the dog.
- (4) Any dog taken into possession in pursuance of an order under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/67/1/2023-02-07) or [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/67/2/2023-02-07) that is not owned by the person subject to the disqualification order is to be dealt with in such manner as an appropriate court may order.
- (5) But an order under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/67/4/2023-02-07) may not provide for the dog to be—
- (a) destroyed, or
- (b) disposed of for the purposes of vivisection.
- (6) A court may not make an order for disposal of the dog under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/67/4/2023-01-31) unless—
- (6) A court may not make an order for disposal of the dog under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/67/4/2023-02-07) unless—
- (a) it has given the owner of the dog an opportunity to be heard, or
- (b) it is satisfied that it is not reasonably practicable to communicate with the owner.
- (7) Where a court makes an order under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/67/4/2023-01-31) for the disposal of the dog, the owner of the dog may appeal against the order to the Crown Court.
- (7) Where a court makes an order under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/67/4/2023-02-07) for the disposal of the dog, the owner of the dog may appeal against the order to the Crown Court.
- (8) In this section—
- “*appropriate court*” means—the magistrates’ court which made the order under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/67/1/2023-01-31) or [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/67/2/2023-01-31), oranother magistrates’ court acting for the same local justice area as that court;
- “*appropriate court*” means—the magistrates’ court which made the order under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/67/1/2023-02-07) or [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/67/2/2023-02-07), oranother magistrates’ court acting for the same local justice area as that court;
- “*disqualification order*” has the same meaning as in section 66.
@@ -2662,15 +2662,15 @@
- (1) A person who is subject to a disqualification order may apply to an appropriate court for the order to be terminated.
- (2) No application under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/68/1/2023-01-31) may be made—
- (2) No application under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/68/1/2023-02-07) may be made—
- (a) before the end of the period of one year beginning with the date on which the disqualification order was made,
- (b) where a previous application under that subsection has been made in relation to the same order, before the end of the period of one year beginning with the date on which the previous application was determined, or
- (c) before the end of any period specified under section 66[(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/66/3/2023-01-31), or subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/68/5/2023-01-31), in relation to the order.
- (3) On an application under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/68/1/2023-01-31), the court may—
- (c) before the end of any period specified under section 66[(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/66/3/2023-02-07), or subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/68/5/2023-02-07), in relation to the order.
- (3) On an application under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/68/1/2023-02-07), the court may—
- (a) terminate the disqualification order,
@@ -2678,7 +2678,7 @@
- (c) refuse the application.
- (4) When determining an application under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/68/1/2023-01-31), the court is to have regard to—
- (4) When determining an application under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/68/1/2023-02-07), the court is to have regard to—
- (a) the character of the applicant,
@@ -2686,7 +2686,7 @@
- (c) any other relevant circumstances.
- (5) Where the court refuses an application under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/68/1/2023-01-31) or varies a disqualification order on such an application, it may specify a period during which the applicant may not make a further application under that subsection in relation to the order concerned.
- (5) Where the court refuses an application under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/68/1/2023-02-07) or varies a disqualification order on such an application, it may specify a period during which the applicant may not make a further application under that subsection in relation to the order concerned.
- (6) The court may order an applicant to pay all or part of the costs of an application.
@@ -2712,15 +2712,15 @@
- (e) order the person who committed the offence in relation to which the order was made, or another person, to reimburse the expenses of carrying out the order.
- (2) A person who fails to comply with a requirement imposed under subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/69/1/b/2023-01-31) commits an offence.
- (3) A person guilty of an offence under subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/69/2/2023-01-31) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
- (4) Directions under subsection [(1)(c)](https://www.legislation.gov.uk/ukpga/2022/32/section/69/1/c/2023-01-31) may—
- (2) A person who fails to comply with a requirement imposed under subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/69/1/b/2023-02-07) commits an offence.
- (3) A person guilty of an offence under subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/69/2/2023-02-07) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
- (4) Directions under subsection [(1)(c)](https://www.legislation.gov.uk/ukpga/2022/32/section/69/1/c/2023-02-07) may—
- (a) specify the manner in which a dog is to be disposed of, or
- (b) delegate the decision about the manner in which a dog is to be disposed of to a person appointed under subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/69/1/a/2023-01-31).
- (b) delegate the decision about the manner in which a dog is to be disposed of to a person appointed under subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/69/1/a/2023-02-07).
- (5) In determining how to exercise its powers under section 67 and this section the court is to have regard (amongst other things) to—
@@ -2728,11 +2728,11 @@
- (b) the desirability of avoiding increasing any expenses which a person may be ordered to reimburse.
- (6) In determining how to exercise a power delegated under subsection [(4)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/69/4/b/2023-01-31), a person is to have regard, amongst other things, to the things mentioned in subsection [(5)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/69/5/a/2023-01-31) and [(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/69/5/b/2023-01-31).
- (7) If the owner of a dog ordered to be disposed of under section 67 is subject to a liability by virtue of subsection [(1)(e)](https://www.legislation.gov.uk/ukpga/2022/32/section/69/1/e/2023-01-31), any amount to which the owner is entitled as a result of sale of the dog may be reduced by an amount equal to that liability.
- (8) Any sum ordered to be paid under subsection [(1)(e)](https://www.legislation.gov.uk/ukpga/2022/32/section/69/1/e/2023-01-31) is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.
- (6) In determining how to exercise a power delegated under subsection [(4)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/69/4/b/2023-02-07), a person is to have regard, amongst other things, to the things mentioned in subsection [(5)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/69/5/a/2023-02-07) and [(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/69/5/b/2023-02-07).
- (7) If the owner of a dog ordered to be disposed of under section 67 is subject to a liability by virtue of subsection [(1)(e)](https://www.legislation.gov.uk/ukpga/2022/32/section/69/1/e/2023-02-07), any amount to which the owner is entitled as a result of sale of the dog may be reduced by an amount equal to that liability.
- (8) Any sum ordered to be paid under subsection [(1)(e)](https://www.legislation.gov.uk/ukpga/2022/32/section/69/1/e/2023-02-07) is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.
- (9) In this section references to disposing of a dog do not include—
@@ -2752,13 +2752,13 @@
- (c) if the order or conviction is the subject of an appeal, the appeal has been determined or withdrawn.
- (2) Where the effect of an order is suspended under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/70/1/2023-01-31)—
- (2) Where the effect of an order is suspended under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/70/1/2023-02-07)—
- (a) no requirement imposed or directions given in connection with the order have effect, but
- (b) the court may give directions about how any dog to which the order applies is to be dealt with during the suspension.
- (3) Directions under subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/70/2/b/2023-01-31) may, in particular—
- (3) Directions under subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/70/2/b/2023-02-07) may, in particular—
- (a) authorise the dog to be taken into possession;
@@ -2772,11 +2772,11 @@
- (f) provide for the recovery of any expenses in relation to the removal or care of the dog which are incurred in carrying out the directions.
- (4) A person who fails to comply with a requirement imposed under subsection [(3)(d)](https://www.legislation.gov.uk/ukpga/2022/32/section/70/3/d/2023-01-31) commits an offence.
- (5) A person guilty an offence under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/70/4/2023-01-31) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
- (6) Any sum directed to be paid under subsection [(3)(f)](https://www.legislation.gov.uk/ukpga/2022/32/section/70/3/f/2023-01-31) is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.
- (4) A person who fails to comply with a requirement imposed under subsection [(3)(d)](https://www.legislation.gov.uk/ukpga/2022/32/section/70/3/d/2023-02-07) commits an offence.
- (5) A person guilty an offence under subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/70/4/2023-02-07) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
- (6) Any sum directed to be paid under subsection [(3)(f)](https://www.legislation.gov.uk/ukpga/2022/32/section/70/3/f/2023-02-07) is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.
### Administering a substance with intent to cause harm
@@ -2932,7 +2932,7 @@
> (b) the likely duration of that impact on such persons, and
> (c) the likely intensity of that impact on such persons.
- (6) After subsection (10A) (as inserted by section 75[(11)](https://www.legislation.gov.uk/ukpga/2022/32/section/75/11/2023-01-31)) insert—
- (6) After subsection (10A) (as inserted by section 75[(11)](https://www.legislation.gov.uk/ukpga/2022/32/section/75/11/2023-02-07)) insert—
> (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
@@ -2960,7 +2960,7 @@
- (1) The Public Order Act 1986 is amended as follows.
- (2) Section 12 (imposing conditions on public processions) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/75/3/2023-01-31) to [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/75/6/2023-01-31).
- (2) Section 12 (imposing conditions on public processions) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/75/3/2023-02-07) to [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/75/6/2023-02-07).
- (3) In subsection (4)—
@@ -2993,7 +2993,7 @@
> (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.
- (7) Section 14 (imposing conditions on public assemblies) is amended in accordance with subsections [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/75/8/2023-01-31) to [(11)](https://www.legislation.gov.uk/ukpga/2022/32/section/75/11/2023-01-31).
- (7) Section 14 (imposing conditions on public assemblies) is amended in accordance with subsections [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/75/8/2023-02-07) to [(11)](https://www.legislation.gov.uk/ukpga/2022/32/section/75/11/2023-02-07).
- (8) In subsection (4)—
@@ -3026,7 +3026,7 @@
> (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.
- (12) Subsections [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/75/6/2023-01-31) and [(11)](https://www.legislation.gov.uk/ukpga/2022/32/section/75/11/2023-01-31) apply only in relation to offences committed on or after the day on which this section comes into force.
- (12) Subsections [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/75/6/2023-02-07) and [(11)](https://www.legislation.gov.uk/ukpga/2022/32/section/75/11/2023-02-07) apply only in relation to offences committed on or after the day on which this section comes into force.
### Palace of Westminster, Parliament Square etc
@@ -3094,7 +3094,7 @@
> - “*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.
- (4) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/76/2/2023-01-31) does not affect—
- (4) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/76/2/2023-02-07) does not affect—
- (a) any direction given under section 143(1) of the Police Reform and Social Responsibility Act 2011 before the day on which this section came into force,
@@ -3139,9 +3139,9 @@
- (ii) obstructs the public or a section of the public in the exercise or enjoyment of a right that may be exercised or enjoyed by the public at large, and
- (c) the person intends that their act or omission will have a consequence mentioned in paragraph [(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/78/1/b/2023-01-31) or is reckless as to whether it will have such a consequence.
- (2) In subsection [(1)(b)(i)](https://www.legislation.gov.uk/ukpga/2022/32/section/78/1/b/i/2023-01-31) “*serious harm*” means—
- (c) the person intends that their act or omission will have a consequence mentioned in paragraph [(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/78/1/b/2023-02-07) or is reckless as to whether it will have such a consequence.
- (2) In subsection [(1)(b)(i)](https://www.legislation.gov.uk/ukpga/2022/32/section/78/1/b/i/2023-02-07) “*serious harm*” means—
- (a) death, personal injury or disease,
@@ -3149,19 +3149,19 @@
- (c) serious distress, serious annoyance, serious inconvenience or serious loss of amenity.
- (3) It is a defence for a person charged with an offence under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/78/1/2023-01-31) to prove that they had a reasonable excuse for the act or omission mentioned in paragraph (a) of that subsection.
- (4) A person guilty of an offence under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/78/1/2023-01-31) is liable—
- (a) on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine or to both;
- (3) It is a defence for a person charged with an offence under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/78/1/2023-02-07) to prove that they had a reasonable excuse for the act or omission mentioned in paragraph (a) of that subsection.
- (4) A person guilty of an offence under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/78/1/2023-02-07) is liable—
- (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine or to both;
- (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years, to a fine or to both.
- (5) In relation to an offence committed before the coming into force of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 (increase in magistrates’ court power to impose imprisonment) the reference in subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/78/4/2023-01-31)[(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/78/4/a/2023-01-31) to 12 months is to be read as a reference to 6 months.
- (5) In relation to an offence committed before the coming into force of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 (increase in magistrates’ court power to impose imprisonment) the reference in subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/78/4/2023-02-07)[(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/78/4/a/2023-02-07) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
- (6) The common law offence of public nuisance is abolished.
- (7) Subsections [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/78/1/2023-01-31) to [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/78/6/2023-01-31) do not apply in relation to—
- (7) Subsections [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/78/1/2023-02-07) to [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/78/6/2023-02-07) do not apply in relation to—
- (a) any act or omission which occurred before the coming into force of those subsections, or
@@ -3260,7 +3260,7 @@
- (1) The Vagrancy Act 1824 is repealed.
- (2) Subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/81/3/2023-01-31) to [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/81/7/2023-01-31) contain amendments and repeals in consequence of subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/81/1/2023-01-31).
- (2) Subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/81/3/2023-02-07) to [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/81/7/2023-02-07) contain amendments and repeals in consequence of subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/81/1/2023-02-07).
- (3) The following are repealed—
@@ -3423,7 +3423,7 @@
> (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.
- (5) Schedule 7 contains amendments relating to subsections [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/82/1/2023-01-31) to [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/82/4/2023-01-31).
- (5) Schedule 7 contains amendments relating to subsections [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/82/1/2023-02-07) to [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/82/4/2023-02-07).
## PART 4 — Unauthorised encampments
@@ -3519,7 +3519,7 @@
- (1) The Criminal Justice and Public Order Act 1994 is amended as follows.
- (2) Section 61 (power to remove trespassers on land) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/84/3/2023-01-31) to [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/84/7/2023-01-31).
- (2) Section 61 (power to remove trespassers on land) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/84/3/2023-02-07) to [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/84/7/2023-02-07).
- (3) In subsection (1)—
@@ -3575,7 +3575,7 @@
.
- (12) The amendments made by subsections [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/84/4/2023-01-31), [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/84/5/2023-01-31), [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/84/8/2023-01-31), [(9)](https://www.legislation.gov.uk/ukpga/2022/32/section/84/9/2023-01-31) and [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/84/10/2023-01-31) do not apply in relation to a direction given under section 61 or 62A of the Criminal Justice and Public Order Act 1994 before the coming into force of this section.
- (12) The amendments made by subsections [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/84/4/2023-02-07), [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/84/5/2023-02-07), [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/84/8/2023-02-07), [(9)](https://www.legislation.gov.uk/ukpga/2022/32/section/84/9/2023-02-07) and [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/84/10/2023-02-07) do not apply in relation to a direction given under section 61 or 62A of the Criminal Justice and Public Order Act 1994 before the coming into force of this section.
#### Guidance on exercise of police powers in respect of trespassers on land etc
@@ -3762,13 +3762,13 @@
- (3) The Secretary of State may by regulations amend Part 3B of the Road Traffic Offenders Act 1988 for the purpose of making provision corresponding or similar to section [90G](#p00673) or [90H](#p00678) of that Act in relation to courses offered as an alternative to prosecution in Scotland for a fixed penalty offence.
- (4) In subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/89/3/2023-01-31) “*fixed penalty offence*” means an offence that is a fixed penalty offence for the purposes of Part 3 of the Road Traffic Offenders Act 1988 (see section 51 of that Act).
- (5) The Secretary of State must consult the Lord Advocate before making regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/89/3/2023-01-31).
- (6) The power to make regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/89/3/2023-01-31) is exercisable by statutory instrument.
- (7) A statutory instrument containing regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/89/3/2023-01-31) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
- (4) In subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/89/3/2023-02-07) “*fixed penalty offence*” means an offence that is a fixed penalty offence for the purposes of Part 3 of the Road Traffic Offenders Act 1988 (see section 51 of that Act).
- (5) The Secretary of State must consult the Lord Advocate before making regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/89/3/2023-02-07).
- (6) The power to make regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/89/3/2023-02-07) is exercisable by statutory instrument.
- (7) A statutory instrument containing regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/89/3/2023-02-07) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
### Removal etc of abandoned vehicles
@@ -4059,7 +4059,7 @@
- (4) A diversionary caution may not be given in respect of an offence committed before the coming into force of this section.
- (5) The power to give a diversionary caution under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/99/1/2023-01-31) is also subject to regulations under section 117 (restrictions on multiple use of cautions).
- (5) The power to give a diversionary caution under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/99/1/2023-02-07) is also subject to regulations under section 117 (restrictions on multiple use of cautions).
#### Deciding on the conditions
@@ -4085,7 +4085,7 @@
- (b) take those views into account.
- (4) The views referred to in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/100/3/2023-01-31) include in particular views as to whether the offender should carry out any of the actions listed in the community remedy document.
- (4) The views referred to in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/100/3/2023-02-07) include in particular views as to whether the offender should carry out any of the actions listed in the community remedy document.
- (5) Where it is the view of the victim or all the victims that the offender should carry out a particular action listed in the community remedy document, the authorised person or prosecution authority must attach that as a condition unless it seems to the authorised person or prosecution authority—
@@ -4097,7 +4097,7 @@
##### 101
- (1) Conditions with one or both of the objects in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/101/2/2023-01-31) may be attached to a diversionary caution.
- (1) Conditions with one or both of the objects in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/101/2/2023-02-07) may be attached to a diversionary caution.
- (2) The objects are—
@@ -4105,7 +4105,7 @@
- (b) ensuring that the offender makes reparation for the offence.
- (3) The conditions which may be attached to a diversionary caution for the objects referred to in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/101/2/2023-01-31) include—
- (3) The conditions which may be attached to a diversionary caution for the objects referred to in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/101/2/2023-02-07) include—
- (a) restrictive conditions,
@@ -4129,11 +4129,11 @@
- (a) for a specified purpose, and
- (b) for a specified number of hours, which may not exceed 20 where the condition only has the object referred to in subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/101/2/b/2023-01-31).
- (b) for a specified number of hours, which may not exceed 20 where the condition only has the object referred to in subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/101/2/b/2023-02-07).
- (7) Where an attendance condition requires the offender to attend somewhere for the purpose of participating in any education or training, or receiving any other service, the attendance condition may also require the offender to pay for the reasonable cost of the provision of the education, training or service to the offender.
- (8) Regulations may amend subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/101/5/2023-01-31) or [(6)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/101/6/b/2023-01-31) (or both) so as to substitute a different number of hours.
- (8) Regulations may amend subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/101/5/2023-02-07) or [(6)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/101/6/b/2023-02-07) (or both) so as to substitute a different number of hours.
- (9) A condition authorised by this section may—
@@ -4161,17 +4161,17 @@
- (d) the date on or before which it must be paid.
- (3) The amount specified under subsection [(2)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/102/2/a/2023-01-31) must not exceed an amount prescribed in regulations.
- (4) Where the person specified under subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/102/2/b/2023-01-31) is not the designated officer for a magistrates’ court, once the penalty is paid to that person they must give it to such an officer.
- (5) The date specified under subsection [(2)(d)](https://www.legislation.gov.uk/ukpga/2022/32/section/102/2/d/2023-01-31) must be the last day of the period of 28 days beginning with the day on which the caution is given.
- (3) The amount specified under subsection [(2)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/102/2/a/2023-02-07) must not exceed an amount prescribed in regulations.
- (4) Where the person specified under subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/102/2/b/2023-02-07) is not the designated officer for a magistrates’ court, once the penalty is paid to that person they must give it to such an officer.
- (5) The date specified under subsection [(2)(d)](https://www.legislation.gov.uk/ukpga/2022/32/section/102/2/d/2023-02-07) must be the last day of the period of 28 days beginning with the day on which the caution is given.
#### Foreign offenders’ conditions
##### 103
- (1) Where a diversionary caution is given to a relevant foreign offender, a condition with one or both of the objects in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/103/2/2023-01-31) may be attached to it.
- (1) Where a diversionary caution is given to a relevant foreign offender, a condition with one or both of the objects in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/103/2/2023-02-07) may be attached to it.
- (2) The objects are—
@@ -4179,7 +4179,7 @@
- (b) ensuring that the relevant foreign offender does not return to the United Kingdom for a period of time.
- (3) If a diversionary caution has a condition with the object referred to in subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/103/2/b/2023-01-31), the expiry of the period does not of itself give rise to any right on the part of the offender to return to the United Kingdom.
- (3) If a diversionary caution has a condition with the object referred to in subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/103/2/b/2023-02-07), the expiry of the period does not of itself give rise to any right on the part of the offender to return to the United Kingdom.
- (4) In this section “*relevant foreign offender*” means—
@@ -4203,7 +4203,7 @@
- (1) Where a diversionary caution is given, criminal proceedings may be instituted against the offender for the offence in respect of which the caution was given if, but only if, the offender fails without reasonable excuse to comply with any of the conditions attached to the caution.
- (2) The document mentioned in section 99[(2)(e)](https://www.legislation.gov.uk/ukpga/2022/32/section/99/2/e/2023-01-31) is admissible in such proceedings.
- (2) The document mentioned in section 99[(2)(e)](https://www.legislation.gov.uk/ukpga/2022/32/section/99/2/e/2023-02-07) is admissible in such proceedings.
- (3) Where such proceedings are instituted, the diversionary caution ceases to have effect.
@@ -4219,7 +4219,7 @@
- (b) released without charge.
- (3) A person released without charge under subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/2/b/2023-01-31) must be—
- (3) A person released without charge under subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/2/b/2023-02-07) must be—
- (a) released on bail if—
@@ -4229,17 +4229,17 @@
- (b) in any other case, released without bail (with or without any variation in the conditions attached to the caution).
- (4) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/2/2023-01-31) also applies in the case of—
- (a) a person who, having been released on bail under subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/3/a/2023-01-31), returns to a police station to answer bail or is otherwise in police detention at a police station;
- (4) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/2/2023-02-07) also applies in the case of—
- (a) a person who, having been released on bail under subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/3/a/2023-02-07), returns to a police station to answer bail or is otherwise in police detention at a police station;
- (b) a person who, having been released on bail under section 30A of the 1984 Act (bail elsewhere than at police station) as applied by section 107 below, attends at a police station to answer bail or is otherwise in police detention at a police station;
- (c) a person who is arrested under section 30D or 46A of the 1984 Act (power of arrest for failure to answer to police bail) as applied by section 107 below.
- (5) Where a person is released on bail under subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/3/a/2023-01-31), the custody officer must inform the person that the release is to enable a decision to be made as to whether the person should be charged with the offence in question.
- (6) A person arrested under this section, or any other person in whose case subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/2/2023-01-31) applies, may be kept in police detention—
- (5) Where a person is released on bail under subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/3/a/2023-02-07), the custody officer must inform the person that the release is to enable a decision to be made as to whether the person should be charged with the offence in question.
- (6) A person arrested under this section, or any other person in whose case subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/2/2023-02-07) applies, may be kept in police detention—
- (a) to enable the person to be dealt with in accordance with that subsection, or
@@ -4247,25 +4247,25 @@
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.
- (7) The power under subsection [(6)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/6/a/2023-01-31) includes power to keep the person in police detention if it is necessary to do so for the purpose of investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the diversionary caution.
- (8) Subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/2/2023-01-31) and [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/3/2023-01-31) must be complied with as soon as practicable after the person arrested arrives at the police station or, in the case of a person arrested at the police station, as soon as practicable after the arrest.
- (9) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/2/2023-01-31) does not require a person who—
- (a) falls within subsection [(4)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/4/a/2023-01-31) or [(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/4/b/2023-01-31), and
- (7) The power under subsection [(6)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/6/a/2023-02-07) includes power to keep the person in police detention if it is necessary to do so for the purpose of investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the diversionary caution.
- (8) Subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/2/2023-02-07) and [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/3/2023-02-07) must be complied with as soon as practicable after the person arrested arrives at the police station or, in the case of a person arrested at the police station, as soon as practicable after the arrest.
- (9) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/2/2023-02-07) does not require a person who—
- (a) falls within subsection [(4)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/4/a/2023-02-07) or [(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/4/b/2023-02-07), and
- (b) is in police detention in relation to a matter other than the diversionary caution,
to be released if the person is liable to be kept in detention in relation to that other matter.
- (10) In subsection [(3)(a)(ii)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/3/a/ii/2023-01-31), the reference to the pre-conditions for bail is to be read in accordance with section 50A of the 1984 Act.
- (10) In subsection [(3)(a)(ii)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/3/a/ii/2023-02-07), the reference to the pre-conditions for bail is to be read in accordance with section 50A of the 1984 Act.
#### Application of Police and Criminal Evidence Act 1984
##### 107
- (1) In the case of a person arrested under section 106, the provisions of the 1984 Act specified in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/107/2/2023-01-31) apply, with the modifications specified in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/107/3/2023-01-31) and with such further modifications as are necessary, as they apply in the case of a person arrested for an offence.
- (1) In the case of a person arrested under section 106, the provisions of the 1984 Act specified in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/107/2/2023-02-07) apply, with the modifications specified in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/107/3/2023-02-07) and with such further modifications as are necessary, as they apply in the case of a person arrested for an offence.
- (2) The provisions are—
@@ -4365,7 +4365,7 @@
- (3) A community caution may not be given in respect of an offence committed before the coming into force of this section.
- (4) The power to give a community caution under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/108/1/2023-01-31) is also subject to regulations under section 117 (restrictions on multiple use of cautions).
- (4) The power to give a community caution under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/108/1/2023-02-07) is also subject to regulations under section 117 (restrictions on multiple use of cautions).
#### Deciding on the conditions
@@ -4389,7 +4389,7 @@
- (b) take those views into account.
- (4) The views referred to in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/109/3/2023-01-31) include in particular views as to whether the offender should carry out any of the actions listed in the community remedy document.
- (4) The views referred to in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/109/3/2023-02-07) include in particular views as to whether the offender should carry out any of the actions listed in the community remedy document.
- (5) Where it is the view of the victim or all the victims that the offender should carry out a particular action listed in the community remedy document, the authorised person or prosecution authority must attach that as a condition unless it seems to the authorised person or prosecution authority—
@@ -4401,7 +4401,7 @@
##### 110
- (1) Conditions with one or both of the objects in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/110/2/2023-01-31) may be attached to a community caution.
- (1) Conditions with one or both of the objects in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/110/2/2023-02-07) may be attached to a community caution.
- (2) The objects are—
@@ -4409,7 +4409,7 @@
- (b) ensuring that the offender makes reparation for the offence.
- (3) The conditions which may be attached to a community caution for the objects referred to in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/110/2/2023-01-31) include—
- (3) The conditions which may be attached to a community caution for the objects referred to in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/110/2/2023-02-07) include—
- (a) restrictive conditions,
@@ -4433,11 +4433,11 @@
- (a) for a specified purpose, and
- (b) for a specified number of hours, which may not exceed 10 where the condition only has the object referred to in subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/110/2/b/2023-01-31).
- (b) for a specified number of hours, which may not exceed 10 where the condition only has the object referred to in subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/110/2/b/2023-02-07).
- (7) Where an attendance condition requires the offender to attend somewhere for the purpose of participating in any education or training, or receiving any other service, the attendance condition may also require the offender to pay for the reasonable cost of the provision of the education, training or service to the offender.
- (8) Regulations may amend subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/110/5/2023-01-31) or [(6)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/110/6/b/2023-01-31) (or both) so as to substitute a different number of hours.
- (8) Regulations may amend subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/110/5/2023-02-07) or [(6)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/110/6/b/2023-02-07) (or both) so as to substitute a different number of hours.
- (9) A condition authorised by this section may—
@@ -4467,21 +4467,21 @@
- (e) the consequences of non-payment.
- (3) The amount specified under subsection [(2)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/111/2/a/2023-01-31) must not exceed an amount prescribed in regulations.
- (4) Where the person specified under subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/111/2/b/2023-01-31) is not the designated officer for a magistrates’ court, once the penalty is paid to that person they must give it to such an officer.
- (5) The date specified under subsection [(2)(d)](https://www.legislation.gov.uk/ukpga/2022/32/section/111/2/d/2023-01-31) must be the last day of the period of 28 days beginning with the day on which the caution is given.
- (6) If the financial penalty is not paid on or before the date specified under subsection [(2)(d)](https://www.legislation.gov.uk/ukpga/2022/32/section/111/2/d/2023-01-31), the amount of the penalty required to be paid by the condition is increased by 50%.
- (7) Where subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/111/6/2023-01-31) applies, if the increased penalty is not paid within the period of 21 days beginning with the day after the date specified under subsection [(2)(d)](https://www.legislation.gov.uk/ukpga/2022/32/section/111/2/d/2023-01-31), the amount of the increased penalty may be registered under section 112 for enforcement against the offender as a fine.
- (3) The amount specified under subsection [(2)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/111/2/a/2023-02-07) must not exceed an amount prescribed in regulations.
- (4) Where the person specified under subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/111/2/b/2023-02-07) is not the designated officer for a magistrates’ court, once the penalty is paid to that person they must give it to such an officer.
- (5) The date specified under subsection [(2)(d)](https://www.legislation.gov.uk/ukpga/2022/32/section/111/2/d/2023-02-07) must be the last day of the period of 28 days beginning with the day on which the caution is given.
- (6) If the financial penalty is not paid on or before the date specified under subsection [(2)(d)](https://www.legislation.gov.uk/ukpga/2022/32/section/111/2/d/2023-02-07), the amount of the penalty required to be paid by the condition is increased by 50%.
- (7) Where subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/111/6/2023-02-07) applies, if the increased penalty is not paid within the period of 21 days beginning with the day after the date specified under subsection [(2)(d)](https://www.legislation.gov.uk/ukpga/2022/32/section/111/2/d/2023-02-07), the amount of the increased penalty may be registered under section 112 for enforcement against the offender as a fine.
#### Enforcement of financial penalties: registration
##### 112
- (1) The chief officer of police may, in respect of any amount registrable under section 111[(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/111/7/2023-01-31), issue a certificate (“a registration certificate”)—
- (1) The chief officer of police may, in respect of any amount registrable under section 111[(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/111/7/2023-02-07), issue a certificate (“a registration certificate”)—
- (a) giving particulars of the financial penalty,
@@ -4519,13 +4519,13 @@
- (2) The court may adjourn the proceedings, on one or more occasions, for the purpose of allowing the claim to be investigated, but must not adjourn for more than 28 days in total.
- (3) The court must accept a claim under subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/113/1/a/2023-01-31) or [(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/113/1/b/2023-01-31) unless it is shown, on the balance of probabilities, that the claim is unfounded.
- (4) Where a court accepts a claim under subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/113/1/b/2023-01-31), the condition of the caution by virtue of which the amount is required to be paid ceases to have effect.
- (5) In the case of a claim under subsection [(1)(c)](https://www.legislation.gov.uk/ukpga/2022/32/section/113/1/c/2023-01-31), the court must accept the claim so far as relating to the facts claimed (leaving aside any question as to the reasonableness of the excuse), unless it is shown, on the balance of probabilities, that the claim so far as relating to those facts is unfounded.
- (6) Where a court accepts a claim under subsection [(1)(c)](https://www.legislation.gov.uk/ukpga/2022/32/section/113/1/c/2023-01-31), the court may order that the condition of the caution by virtue of which the amount is required to be paid—
- (3) The court must accept a claim under subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/113/1/a/2023-02-07) or [(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/113/1/b/2023-02-07) unless it is shown, on the balance of probabilities, that the claim is unfounded.
- (4) Where a court accepts a claim under subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/113/1/b/2023-02-07), the condition of the caution by virtue of which the amount is required to be paid ceases to have effect.
- (5) In the case of a claim under subsection [(1)(c)](https://www.legislation.gov.uk/ukpga/2022/32/section/113/1/c/2023-02-07), the court must accept the claim so far as relating to the facts claimed (leaving aside any question as to the reasonableness of the excuse), unless it is shown, on the balance of probabilities, that the claim so far as relating to those facts is unfounded.
- (6) Where a court accepts a claim under subsection [(1)(c)](https://www.legislation.gov.uk/ukpga/2022/32/section/113/1/c/2023-02-07), the court may order that the condition of the caution by virtue of which the amount is required to be paid—
- (a) ceases to have effect, or
@@ -4541,7 +4541,7 @@
- (b) adding a condition.
- (2) See also section 115[(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/115/2/2023-01-31) (addition of financial penalty).
- (2) See also section 115[(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/115/2/2023-02-07) (addition of financial penalty).
#### Effect of community caution
@@ -4579,13 +4579,13 @@
- (g) the places where diversionary and community cautions may be given;
- (h) the provision which may be made in a condition under section 102[(2)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/102/2/b/2023-01-31) or 111[(2)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/102/2/b/2023-01-31);
- (h) the provision which may be made in a condition under section 102[(2)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/102/2/b/2023-02-07) or 111[(2)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/102/2/b/2023-02-07);
- (i) the monitoring of compliance with conditions attached to diversionary and community cautions;
- (j) the exercise of the power of arrest conferred by section 106[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/1/2023-01-31);
- (k) who is to decide how a person should be dealt with under section 106[(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/2/2023-01-31) and [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/3/2023-01-31).
- (j) the exercise of the power of arrest conferred by section 106[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/1/2023-02-07);
- (k) who is to decide how a person should be dealt with under section 106[(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/2/2023-02-07) and [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/3/2023-02-07).
- (3) After preparing a draft of the code the Secretary of State—
@@ -4597,13 +4597,13 @@
but may not publish or amend the draft without the consent of the Attorney General.
- (4) After complying with subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/116/3/2023-01-31) the Secretary of State must lay the code before each House of Parliament.
- (5) After complying with subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/116/4/2023-01-31) the Secretary of State may bring the code into force by regulations.
- (4) After complying with subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/116/3/2023-02-07) the Secretary of State must lay the code before each House of Parliament.
- (5) After complying with subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/116/4/2023-02-07) the Secretary of State may bring the code into force by regulations.
- (6) The Secretary of State may from time to time revise a code of practice brought into force under this section.
- (7) Subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/116/3/2023-01-31) to [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/116/6/2023-01-31) apply (with appropriate modifications) to a revised code as they apply to the original code.
- (7) Subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/116/3/2023-02-07) to [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/116/6/2023-02-07) apply (with appropriate modifications) to a revised code as they apply to the original code.
#### Restriction on multiple cautions
@@ -4611,7 +4611,7 @@
- (1) Regulations may prohibit the giving of a diversionary or community caution to a person in respect of an offence where the person has already been given one or more cautions.
- (2) A prohibition under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/117/1/2023-01-31) may in particular be framed by reference to—
- (2) A prohibition under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/117/1/2023-02-07) may in particular be framed by reference to—
- (a) the kinds of caution previously given to the person;
@@ -4667,23 +4667,23 @@
- (b) consequential, supplementary, incidental, transitional and transitory provision and savings.
- (3) A statutory instrument containing the regulations specified in subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/120/4/2023-01-31) (with or without other provision) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
- (4) The regulations referred to in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/120/3/2023-01-31) are—
- (a) regulations under section 98[(6)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/98/6/b/2023-01-31) or [(c)](https://www.legislation.gov.uk/ukpga/2022/32/section/98/6/c/2023-01-31) (excluded offences);
- (b) regulations under section 101[(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/101/8/2023-01-31) or 110[(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/110/8/2023-01-31);
- (c) the first regulations under section 102[(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/102/3/2023-01-31) or 111[(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/111/3/2023-01-31) (maximum amount of financial penalty);
- (d) any other regulations under section 102[(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/102/3/2023-01-31) or 111[(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/111/3/2023-01-31) which increase or decrease the maximum amount of a financial penalty by more than is necessary to reflect changes in the value of money;
- (3) A statutory instrument containing the regulations specified in subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/120/4/2023-02-07) (with or without other provision) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
- (4) The regulations referred to in subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/120/3/2023-02-07) are—
- (a) regulations under section 98[(6)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/98/6/b/2023-02-07) or [(c)](https://www.legislation.gov.uk/ukpga/2022/32/section/98/6/c/2023-02-07) (excluded offences);
- (b) regulations under section 101[(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/101/8/2023-02-07) or 110[(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/110/8/2023-02-07);
- (c) the first regulations under section 102[(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/102/3/2023-02-07) or 111[(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/111/3/2023-02-07) (maximum amount of financial penalty);
- (d) any other regulations under section 102[(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/102/3/2023-02-07) or 111[(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/111/3/2023-02-07) which increase or decrease the maximum amount of a financial penalty by more than is necessary to reflect changes in the value of money;
- (e) regulations under section 116(5) (commencement of code);
- (f) regulations under section 117 (restriction on multiple cautions).
- (5) A statutory instrument containing regulations under this Part to which subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/120/3/2023-01-31) does not apply is subject to annulment in pursuance of a resolution of either House of Parliament.
- (5) A statutory instrument containing regulations under this Part to which subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/120/3/2023-02-07) does not apply is subject to annulment in pursuance of a resolution of either House of Parliament.
#### Interpretation of Part 6
@@ -4693,11 +4693,11 @@
- “*the 1984 Act*” means the Police and Criminal Evidence Act 1984;
- “*authorised person*” has the meaning given by section 98[(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/98/7/2023-01-31);
- “*authorised person*” has the meaning given by section 98[(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/98/7/2023-02-07);
- “*community remedy document*” means the community remedy document (as revised from time to time) published under section 101 of the Anti-social Behaviour, Crime and Policing Act 2014 for the police area where the offence in question was committed;
- “*excluded offence*” has the meaning given by section 98[(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/98/6/2023-01-31);
- “*excluded offence*” has the meaning given by section 98[(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/98/6/2023-02-07);
- “*indictable-only offence*” means an offence which, if committed by an adult, is triable only on indictment;
@@ -4721,13 +4721,13 @@
- (1) In section 1 of the Children and Young Persons Act 1933 (cruelty to persons under 16), in subsection (1)(a) (penalty on conviction on indictment), for “ten” substitute “14”.
- (2) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/122/1/2023-01-31) applies only in relation to offences committed on or after the day on which this section comes into force.
- (2) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/122/1/2023-02-07) applies only in relation to offences committed on or after the day on which this section comes into force.
#### Penalty for causing or allowing a child or vulnerable adult to die or suffer serious physical harm
##### 123
- (1) Section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious harm) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/123/2/2023-01-31) and [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/123/3/2023-01-31).
- (1) Section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious harm) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/123/2/2023-02-07) and [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/123/3/2023-02-07).
- (2) In subsection (7) (penalty in the case of a person’s death), for the words “liable on conviction on indictment” substitute
@@ -4745,7 +4745,7 @@
.
- (4) Subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/123/2/2023-01-31) and [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/123/3/2023-01-31) apply only in relation to offences where the unlawful act to which the offence relates is an act that occurs, or so much of such an act as occurs, on or after the day on which this section comes into force.
- (4) Subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/123/2/2023-02-07) and [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/123/3/2023-02-07) apply only in relation to offences where the unlawful act to which the offence relates is an act that occurs, or so much of such an act as occurs, on or after the day on which this section comes into force.
- (5) In Schedule 19 to the Sentencing Code (list of certain specified offences carrying maximum sentence on indictment of imprisonment for life), after paragraph 20 insert—
@@ -4761,7 +4761,7 @@
##### 124
- (1) The Sentencing Code is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/124/2/2023-01-31) to [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/124/8/2023-01-31).
- (1) The Sentencing Code is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/124/2/2023-02-07) to [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/124/8/2023-02-07).
- (2) In section 312 (minimum sentence for offences of threatening with weapon or bladed article)—
@@ -4853,7 +4853,7 @@
has effect only where the person committed the offence on or after the day on which the Schedule came into force.
- (12) For the purposes of subsection [(11)](https://www.legislation.gov.uk/ukpga/2022/32/section/124/11/2023-01-31), where an offence is found to have been committed—
- (12) For the purposes of subsection [(11)](https://www.legislation.gov.uk/ukpga/2022/32/section/124/11/2023-02-07), where an offence is found to have been committed—
- (a) over a period of 2 or more days, or
@@ -5057,7 +5057,7 @@
##### 130
- (1) The Criminal Justice Act 2003 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/130/2/2023-01-31) to [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/130/8/2023-01-31).
- (1) The Criminal Justice Act 2003 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/130/2/2023-02-07) to [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/130/8/2023-02-07).
- (2) In section 244 (general duty to release prisoners)—
@@ -5159,7 +5159,7 @@
##### 132
- (1) The Criminal Justice Act 2003 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/132/2/2023-01-31) to [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/132/10/2023-01-31).
- (1) The Criminal Justice Act 2003 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/132/2/2023-02-07) to [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/132/10/2023-02-07).
- (2) In section 243A (release of prisoners serving sentences of less than 12 months), after subsection (2) insert—
@@ -5291,7 +5291,7 @@
##### 134
- (1) Section 250 of the Criminal Justice Act 2003 (licence conditions for fixed-term prisoners) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/134/2/2023-01-31) and [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/134/3/2023-01-31).
- (1) Section 250 of the Criminal Justice Act 2003 (licence conditions for fixed-term prisoners) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/134/2/2023-02-07) and [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/134/3/2023-02-07).
- (2) For subsections (5A) to (5B) substitute—
@@ -5306,7 +5306,7 @@
- (3) Omit subsection (9).
- (4) Subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/134/5/2023-01-31) applies to any condition of a licence that is in force immediately before commencement if—
- (4) Subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/134/5/2023-02-07) applies to any condition of a licence that is in force immediately before commencement if—
- (a) the inclusion of the condition required a direction of the Board, but
@@ -5314,7 +5314,7 @@
- (5) The condition is to be treated, for the purposes of any time after commencement, as it if was included in the licence at the direction of the Board.
- (6) Nothing in this section except subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/134/5/2023-01-31) affects the validity of any condition included in a licence before commencement.
- (6) Nothing in this section except subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/134/5/2023-02-07) affects the validity of any condition included in a licence before commencement.
- (7) In this section—
@@ -5417,7 +5417,7 @@
##### 138
- (1) Section 31A of the Crime (Sentences) Act 1997 (imprisonment or detention for public protection: termination of licences) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/138/2/2023-01-31) to [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/138/6/2023-01-31).
- (1) Section 31A of the Crime (Sentences) Act 1997 (imprisonment or detention for public protection: termination of licences) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/138/2/2023-02-07) to [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/138/6/2023-02-07).
- (2) In subsection (2)(a), after “Chapter” insert “(whether or not the prisoner has subsequently been recalled to prison under section 32)”.
@@ -5449,15 +5449,15 @@
- (6) In subsection (5), in the definition of “the qualifying period”, after “on licence” insert “(whether or not the prisoner has subsequently been recalled to prison under section 32)”.
- (7) Subsection [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/138/8/2023-01-31) applies to an application made by a person under section 31A(3) of the Crime (Sentences) Act 1997 before this section comes into force.
- (7) Subsection [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/138/8/2023-02-07) applies to an application made by a person under section 31A(3) of the Crime (Sentences) Act 1997 before this section comes into force.
- (8) If the application has not been determined when this section comes into force, subsections (4) to (4C) of section 31A of the Crime (Sentences) Act 1997 apply in relation to it as if it were a reference of the person’s case by the Secretary of State to the Parole Board under subsection (3) of that section.
- (9) Subsection [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/138/10/2023-01-31) applies if a person remains on licence under Chapter 2 of Part 2 of the Crime (Sentences) Act 1997, or remains subject to release on licence under that Chapter, following—
- (9) Subsection [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/138/10/2023-02-07) applies if a person remains on licence under Chapter 2 of Part 2 of the Crime (Sentences) Act 1997, or remains subject to release on licence under that Chapter, following—
- (a) the disposal before this section comes into force of the person’s application to the Parole Board under section 31A(3) of that Act, or
- (b) the disposal under subsection (4) of section 31A of that Act, as it has effect by virtue of subsection [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/138/8/2023-01-31) of this section, of the person’s application to the Parole Board under subsection (3) of that section.
- (b) the disposal under subsection (4) of section 31A of that Act, as it has effect by virtue of subsection [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/138/8/2023-02-07) of this section, of the person’s application to the Parole Board under subsection (3) of that section.
- (10) Subsection (3) of section 31A of the Crime (Sentences) Act 1997 applies in relation to the person as if the application had been a reference of the person’s case by the Secretary of State to the Parole Board under that subsection.
@@ -5575,7 +5575,7 @@
##### 141
- (1) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/141/2/2023-01-31) applies where—
- (1) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/141/2/2023-02-07) applies where—
- (a) a driving disqualification order was made in accordance with an extended disqualification provision,
@@ -5597,15 +5597,15 @@
and “appropriate extension period”, “driving disqualification order” and “custodial sentence” are to be read in accordance with the extended disqualification provision concerned.
- (4) In the application of this section before section 130 comes into force, the reference in subsection [(1)(c)](https://www.legislation.gov.uk/ukpga/2022/32/section/141/1/c/2023-01-31) to section 244ZA of the Criminal Justice Act 2003 is to be read as a reference to section 244 of that Act as modified by the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 ([S.I. 2020/158](https://www.legislation.gov.uk/uksi/2020/158)).
- (5) In the application of this section in relation to a custodial sentence imposed under a provision repealed by the Sentencing Act 2020, the references to the sentence in subsections [(1)(d)](https://www.legislation.gov.uk/ukpga/2022/32/section/141/1/d/2023-01-31) and [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/141/2/2023-01-31) are to be read as referring to an equivalent sentence imposed under the corresponding provision of the Sentencing Code.
- (4) In the application of this section before section 130 comes into force, the reference in subsection [(1)(c)](https://www.legislation.gov.uk/ukpga/2022/32/section/141/1/c/2023-02-07) to section 244ZA of the Criminal Justice Act 2003 is to be read as a reference to section 244 of that Act as modified by the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 ([S.I. 2020/158](https://www.legislation.gov.uk/uksi/2020/158)).
- (5) In the application of this section in relation to a custodial sentence imposed under a provision repealed by the Sentencing Act 2020, the references to the sentence in subsections [(1)(d)](https://www.legislation.gov.uk/ukpga/2022/32/section/141/1/d/2023-02-07) and [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/141/2/2023-02-07) are to be read as referring to an equivalent sentence imposed under the corresponding provision of the Sentencing Code.
#### Extension of driving disqualification where custodial sentence imposed: Scotland
##### 142
- (1) Section 35C of the Road Traffic Offenders Act 1988 (extension of driving disqualification period where custodial sentence also imposed) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/142/2/2023-01-31) to [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/142/5/2023-01-31).
- (1) Section 35C of the Road Traffic Offenders Act 1988 (extension of driving disqualification period where custodial sentence also imposed) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/142/2/2023-02-07) to [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/142/5/2023-02-07).
- (2) In subsection (4)—
@@ -5670,7 +5670,7 @@
.
- (6) Section 248D of the Criminal Procedure (Scotland) Act 1995 (extension of driving disqualification period where custodial sentence also imposed) is amended in accordance with subsections [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/142/7/2023-01-31) to [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/142/10/2023-01-31).
- (6) Section 248D of the Criminal Procedure (Scotland) Act 1995 (extension of driving disqualification period where custodial sentence also imposed) is amended in accordance with subsections [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/142/7/2023-02-07) to [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/142/10/2023-02-07).
- (7) In subsection (4)—
@@ -5741,7 +5741,7 @@
##### 143
- (1) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/143/2/2023-01-31) applies where—
- (1) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/143/2/2023-02-07) applies where—
- (a) a driving disqualification order was made in accordance with an extended disqualification provision,
@@ -5787,7 +5787,7 @@
- (c) in section 34 (interpretation), omit subsection (4).
- (2) The Criminal Justice Act 2003 is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/144/3/2023-01-31) to [(11)](https://www.legislation.gov.uk/ukpga/2022/32/section/144/11/2023-01-31).
- (2) The Criminal Justice Act 2003 is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/144/3/2023-02-07) to [(11)](https://www.legislation.gov.uk/ukpga/2022/32/section/144/11/2023-02-07).
- (3) In section 243A(3) (requisite custodial period before release in short sentence), for “264(2)” substitute “264[(2B)](#p00880) or [(2E)](#p00882)”.
@@ -5882,9 +5882,9 @@
- (c) in sub-paragraph (4), in the definition of “the enactments relating to release on licence”, for “and Chapter 6 of Part 12 of the Criminal Justice Act 2003” substitute “, Chapter 6 of Part 12 of the Criminal Justice Act 2003 and section 28 of the Offender Management Act 2007”.
- (2) The repeal by subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/145/1/b/2023-01-31) of sub-paragraphs (3B) to (3F) of the amended paragraph does not affect the continued operation of the enactments relating to release on licence (within the meaning of that paragraph as amended by subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/145/1/2023-01-31)) in relation to a warrant issued or amended in accordance with those sub-paragraphs before their repeal.
- (3) In Schedule 26 to the Criminal Justice and Immigration Act 2008, the following provisions (which contain superseded amendments of or in connection with the paragraph amended by subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/145/1/2023-01-31)) are repealed—
- (2) The repeal by subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/145/1/b/2023-02-07) of sub-paragraphs (3B) to (3F) of the amended paragraph does not affect the continued operation of the enactments relating to release on licence (within the meaning of that paragraph as amended by subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/145/1/2023-02-07)) in relation to a warrant issued or amended in accordance with those sub-paragraphs before their repeal.
- (3) In Schedule 26 to the Criminal Justice and Immigration Act 2008, the following provisions (which contain superseded amendments of or in connection with the paragraph amended by subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/145/1/2023-02-07)) are repealed—
- (a) paragraph 19(4) and (5), and
@@ -6032,7 +6032,7 @@
##### 150
- (1) Paragraph 9 of Schedule 9 to the Sentencing Code (community orders and suspended sentence orders: curfew requirement) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/150/2/2023-01-31) to [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/150/5/2023-01-31).
- (1) Paragraph 9 of Schedule 9 to the Sentencing Code (community orders and suspended sentence orders: curfew requirement) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/150/2/2023-02-07) to [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/150/5/2023-02-07).
- (2) In sub-paragraph (4)—
@@ -6065,7 +6065,7 @@
- (b) in sub-paragraph (2)(a), for “9(5)” substitute “9(6)”.
- (7) The Criminal Justice Act 2003 is amended in accordance with subsections [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/150/8/2023-01-31) and [(9)](https://www.legislation.gov.uk/ukpga/2022/32/section/150/9/2023-01-31).
- (7) The Criminal Justice Act 2003 is amended in accordance with subsections [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/150/8/2023-02-07) and [(9)](https://www.legislation.gov.uk/ukpga/2022/32/section/150/9/2023-02-07).
- (8) In Schedule 19A (supervision default orders)—
@@ -6171,7 +6171,7 @@
##### 152
- (1) The Sentencing Code is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/152/2/2023-01-31) to [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/152/4/2023-01-31).
- (1) The Sentencing Code is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/152/2/2023-02-07) to [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/152/4/2023-02-07).
- (2) In section 207(3) (community orders: availability of attendance centre requirement), for the words from “the offender” to the end substitute
@@ -6394,9 +6394,9 @@
- (2) In the following provisions of this section, “*the relevant YRO provisions*” means—
- (a) Parts [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/17/part/2/2023-01-31) and [3](https://www.legislation.gov.uk/ukpga/2022/32/schedule/17/part/3/2023-01-31) of Schedule 17, and
- (b) subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/161/1/2023-01-31) of this section so far as relating to those Parts.
- (a) Parts [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/17/part/2/2023-02-07) and [3](https://www.legislation.gov.uk/ukpga/2022/32/schedule/17/part/3/2023-02-07) of Schedule 17, and
- (b) subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/161/1/2023-02-07) of this section so far as relating to those Parts.
- (3) Regulations under section 208(1) which bring any of the relevant YRO provisions into force only for a specified purpose or in relation to a specified area may—
@@ -6404,25 +6404,25 @@
- (b) make transitional or saving provision in connection with that provision ceasing to be in force at the end of the specified period.
- (4) Regulations containing provision by virtue of subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/161/3/a/2023-01-31) may be amended by subsequent regulations under section 208(1) so as to continue any of the relevant YRO provisions in force for the specified purpose or in relation to the specified area for a further specified period.
- (5) Accordingly, the reference to section 419(1) of the Sentencing Act 2020, as applied by section 206, to the coming into force of an amendment is to be read as including a reference to the continuing in force of an amendment by reason of subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/161/4/2023-01-31).
- (6) In subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/161/3/2023-01-31) and [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/161/4/2023-01-31), “*specified*” means specified in regulations under section 208(1).
- (7) Subsection [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/161/8/2023-01-31) applies if—
- (4) Regulations containing provision by virtue of subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/161/3/a/2023-02-07) may be amended by subsequent regulations under section 208(1) so as to continue any of the relevant YRO provisions in force for the specified purpose or in relation to the specified area for a further specified period.
- (5) Accordingly, the reference to section 419(1) of the Sentencing Act 2020, as applied by section 206, to the coming into force of an amendment is to be read as including a reference to the continuing in force of an amendment by reason of subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/161/4/2023-02-07).
- (6) In subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/161/3/2023-02-07) and [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/161/4/2023-02-07), “*specified*” means specified in regulations under section 208(1).
- (7) Subsection [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/161/8/2023-02-07) applies if—
- (a) the Secretary of State has made regulations under section 208(1) which make provision permitted by subsection (3), and
- (b) the Secretary of State subsequently makes regulations under section 208(1) which bring any of the relevant YRO provisions into force without making provision permitted by subsection (3).
- (8) The regulations mentioned in subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/161/7/2023-01-31)[(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/161/7/b/2023-01-31) may—
- (8) The regulations mentioned in subsection [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/161/7/2023-02-07)[(b)](https://www.legislation.gov.uk/ukpga/2022/32/section/161/7/b/2023-02-07) may—
- (a) provide that those provisions are to come into force with the amendments specified in the regulations;
- (b) make amendments to the Criminal Justice and Immigration Act 2008 or the Sentencing Act 2020 in consequence of the amendments made by paragraph (a).
- (9) A statutory instrument containing regulations under section 208(1) which make provision permitted by subsection [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/161/8/2023-01-31) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
- (9) A statutory instrument containing regulations under section 208(1) which make provision permitted by subsection [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/161/8/2023-02-07) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
### Abolition of reparation orders
@@ -6777,7 +6777,7 @@
for a further specified period.
- (7) Accordingly, the reference in section 419(1) of the Sentencing Act 2020, as applied by section 206, to the coming into force of an amendment is to be read as including a reference to the continuing in force of an amendment by reason of subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/166/6/2023-01-31).
- (7) Accordingly, the reference in section 419(1) of the Sentencing Act 2020, as applied by section 206, to the coming into force of an amendment is to be read as including a reference to the continuing in force of an amendment by reason of subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/166/6/2023-02-07).
- (8) In this section—
@@ -6803,13 +6803,13 @@
> (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.
- (2) Regulations under section 208(1) which bring subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/167/1/2023-01-31) into force only for a specified purpose or in relation to a specified area may—
- (2) Regulations under section 208(1) which bring subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/167/1/2023-02-07) into force only for a specified purpose or in relation to a specified area may—
- (a) provide for that provision to be in force for that purpose or in relation to that area for a specified period;
- (b) make transitional or saving provision in relation to that provision ceasing to be in force at the end of the specified period.
- (3) Regulations containing provision by virtue of subsection [(2)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/167/2/a/2023-01-31) may be amended by subsequent regulations under section 208(1) so as to continue subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/167/1/2023-01-31) in force for the specified purpose or in relation to the specified area for a further specified period.
- (3) Regulations containing provision by virtue of subsection [(2)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/167/2/a/2023-02-07) may be amended by subsequent regulations under section 208(1) so as to continue subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/167/1/2023-02-07) in force for the specified purpose or in relation to the specified area for a further specified period.
- (4) In this section “*specified*” means specified in regulations under section 208(1).
@@ -7026,7 +7026,7 @@
- (1) The Sexual Offences Act 2003 is amended as follows.
- (2) Section 103A (sexual harm prevention orders: applications and grounds) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/171/3/2023-01-31) to [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/171/6/2023-01-31).
- (2) Section 103A (sexual harm prevention orders: applications and grounds) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/171/3/2023-02-07) to [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/171/6/2023-02-07).
- (3) In subsection (4), for the words before paragraph (a) substitute “A person mentioned in subsection (4A) (“*the applicant*”) may by complaint to a magistrates’ court apply for a sexual harm prevention order in respect of a person if it appears to the applicant that—”.
@@ -7055,7 +7055,7 @@
- (8) In section 103J(1) (sexual harm prevention orders and interim sexual harm prevention orders: guidance) for “chief officers of police and to the Director General of the National Crime Agency” substitute “chief officers of police, the Director General of the National Crime Agency, the chief constable of the British Transport Police Force and the chief constable of the Ministry of Defence Police”.
- (9) Section 122A (sexual risk orders: applications, grounds and effect) is amended in accordance with subsections [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/171/10/2023-01-31) and [(11)](https://www.legislation.gov.uk/ukpga/2022/32/section/171/11/2023-01-31).
- (9) Section 122A (sexual risk orders: applications, grounds and effect) is amended in accordance with subsections [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/171/10/2023-02-07) and [(11)](https://www.legislation.gov.uk/ukpga/2022/32/section/171/11/2023-02-07).
- (10) For subsection (1) substitute—
@@ -7722,7 +7722,7 @@
> (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.
- (6) The Sexual Offences Act 2003 is amended in accordance with subsections [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/178/7/2023-01-31) to [(16)](https://www.legislation.gov.uk/ukpga/2022/32/section/178/16/2023-01-31).
- (6) The Sexual Offences Act 2003 is amended in accordance with subsections [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/178/7/2023-02-07) to [(16)](https://www.legislation.gov.uk/ukpga/2022/32/section/178/16/2023-02-07).
- (7) In section 103C (sexual harm prevention orders: effect)—
@@ -8320,7 +8320,7 @@
##### 189
- (1) Section 325 of the Criminal Justice Act 2003 (arrangements for assessing etc risks posed by certain offenders) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/189/2/2023-01-31) to [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/189/6/2023-01-31).
- (1) Section 325 of the Criminal Justice Act 2003 (arrangements for assessing etc risks posed by certain offenders) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/189/2/2023-02-07) to [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/189/6/2023-02-07).
- (2) In subsection (1), in the definition of “relevant sexual or violent offender”, for “has the meaning” substitute “and “relevant terrorist offender” have the meanings”.
@@ -8373,7 +8373,7 @@
.
- (7) Section 327 of the Criminal Justice Act 2003 (interpretation of section 325) is amended in accordance with subsections [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/189/8/2023-01-31) to [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/189/10/2023-01-31).
- (7) Section 327 of the Criminal Justice Act 2003 (interpretation of section 325) is amended in accordance with subsections [(8)](https://www.legislation.gov.uk/ukpga/2022/32/section/189/8/2023-02-07) to [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/189/10/2023-02-07).
- (8) In subsection (3)—
@@ -8429,7 +8429,7 @@
- (1) The Football Spectators Act 1989 is amended as follows.
- (2) Schedule 1 (football banning orders: relevant offences) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/190/3/2023-01-31) to [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/190/7/2023-01-31).
- (2) Schedule 1 (football banning orders: relevant offences) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/190/3/2023-02-07) to [(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/190/7/2023-02-07).
- (3) In paragraph 1(c) (certain offences under the Public Order Act 1986 committed at premises)—
@@ -8488,7 +8488,7 @@
> (a) relates to association football, and
> (b) is a prescribed organisation or an organisation of a prescribed description.
- (9) Section 23 (further provision about, and appeals against, declarations of relevance) is amended in accordance with subsections [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/190/10/2023-01-31) and [(11)](https://www.legislation.gov.uk/ukpga/2022/32/section/190/11/2023-01-31).
- (9) Section 23 (further provision about, and appeals against, declarations of relevance) is amended in accordance with subsections [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/190/10/2023-02-07) and [(11)](https://www.legislation.gov.uk/ukpga/2022/32/section/190/11/2023-02-07).
- (10) In subsection (1), for the words from “related to football matches” to the end of the subsection substitute
@@ -8507,7 +8507,7 @@
> (c) related to a football organisation, or
> (d) related to a person whom the defendant knew or believed to have a prescribed connection with a football organisation.
- (12) This section does not apply in relation to an offence committed before the day appointed by regulations under section 208[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/208/1/2023-01-31) for its coming into force (so far as it has not previously been commenced by section 208(4)(y)).
- (12) This section does not apply in relation to an offence committed before the day appointed by regulations under section 208[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/208/1/2023-02-07) for its coming into force (so far as it has not previously been commenced by section 208(4)(y)).
#### Football banning orders: power to amend list of relevant offences
@@ -8519,7 +8519,7 @@
> (10) Regulations under subsection [(9)](#p01027) may make consequential amendments to this Act.
> (11) A statutory instrument containing regulations under subsection [(9)](#p01027) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
- (2) Section 22A of that Act (other interpretation, etc) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/191/3/2023-01-31) and [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/191/4/2023-01-31).
- (2) Section 22A of that Act (other interpretation, etc) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/191/3/2023-02-07) and [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/191/4/2023-02-07).
- (3) In subsection (3), after “order” insert “or regulations”.
@@ -8538,7 +8538,7 @@
> (2) The court must make a banning order in respect of the offender unless the court considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to do so.
> (3) Where the court does not make a banning order it must state in open court the reasons for not doing so.
- (2) Section 22 of that Act (banning orders arising out of offences outside England and Wales) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/192/3/2023-01-31) and [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/192/4/2023-01-31).
- (2) Section 22 of that Act (banning orders arising out of offences outside England and Wales) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/192/3/2023-02-07) and [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/192/4/2023-02-07).
- (3) In subsection (4), for the words following paragraph (b) substitute—
@@ -8551,7 +8551,7 @@
> (b) the court considers that there are particular circumstances relating to the corresponding offence or to the person which would make it unjust in all the circumstances to make a banning order.
> (5A) Where the court does not make a banning order on the ground mentioned in subsection (5)(b) it must state in open court the reasons for not doing so.
- (5) This section does not apply in relation to an offence committed before the day appointed by regulations under section 208[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/208/1/2023-01-31) for its coming into force.
- (5) This section does not apply in relation to an offence committed before the day appointed by regulations under section 208[(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/208/1/2023-02-07) for its coming into force.
## PART 11 — Rehabilitation of offenders
@@ -8561,7 +8561,7 @@
- (1) The Rehabilitation of Offenders Act 1974, as it forms part of the law of England and Wales, is amended as follows.
- (2) Section 5 (rehabilitation periods for particular sentences) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/193/3/2023-01-31) to [(12)](https://www.legislation.gov.uk/ukpga/2022/32/section/193/12/2023-01-31).
- (2) Section 5 (rehabilitation periods for particular sentences) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/193/3/2023-02-07) to [(12)](https://www.legislation.gov.uk/ukpga/2022/32/section/193/12/2023-02-07).
- (3) In subsection (1) (sentences excluded from rehabilitation)—
@@ -8659,7 +8659,7 @@
- (17) The Rehabilitation of Offenders Act 1974 (“*the 1974 Act*”) applies in relation to convictions before the commencement day as if the amendments made by this section had always had effect.
- (18) Where by virtue of subsection [(17)](https://www.legislation.gov.uk/ukpga/2022/32/section/193/17/2023-01-31)—
- (18) Where by virtue of subsection [(17)](https://www.legislation.gov.uk/ukpga/2022/32/section/193/17/2023-02-07)—
- (a) a person would, before the commencement day, have been treated for the purposes of the 1974 Act as a rehabilitated person in respect of a conviction, or
@@ -8673,9 +8673,9 @@
##### 194
- (1) The Protection of Freedoms Act 2012 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/194/2/2023-01-31) to [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/194/10/2023-01-31).
- (2) Section 92 (power of Secretary of State to disregard convictions or cautions) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/194/3/2023-01-31) to [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/194/5/2023-01-31).
- (1) The Protection of Freedoms Act 2012 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/194/2/2023-02-07) to [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/194/10/2023-02-07).
- (2) Section 92 (power of Secretary of State to disregard convictions or cautions) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/194/3/2023-02-07) to [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/194/5/2023-02-07).
- (3) In subsection (1) for the words from “under” to the end of paragraph (c) substitute “in circumstances where the conduct constituting the offence was sexual activity between persons of the same sex”.
@@ -8815,9 +8815,9 @@
##### 195
- (1) The Policing and Crime Act 2017 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/195/2/2023-01-31) to [(13)](https://www.legislation.gov.uk/ukpga/2022/32/section/195/13/2023-01-31).
- (2) Section 164 (posthumous pardons for convictions etc. of certain abolished offences) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/195/3/2023-01-31) to (10).
- (1) The Policing and Crime Act 2017 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/195/2/2023-02-07) to [(13)](https://www.legislation.gov.uk/ukpga/2022/32/section/195/13/2023-02-07).
- (2) Section 164 (posthumous pardons for convictions etc. of certain abolished offences) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/195/3/2023-02-07) to (10).
- (3) Before subsection (1) insert—
@@ -9092,7 +9092,7 @@
- (2) In the Crime and Disorder Act 1998, omit Part 3A (live links in preliminary, sentencing and enforcement hearings).
- (3) Schedule 20 makes further provision in connection with the provision made by subsections [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/200/1/2023-01-31) and [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/200/2/2023-01-31).
- (3) Schedule 20 makes further provision in connection with the provision made by subsections [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/200/1/2023-02-07) and [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/200/2/2023-02-07).
#### Repeal of temporary provision
@@ -9110,9 +9110,9 @@
- (2) The regulations may be made without a draft of the instrument containing them having been laid before and approved by a resolution of each House of Parliament (notwithstanding section 108(3) of the Courts Act 2003).
- (3) If regulations are made in reliance on subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/202/2/2023-01-31), the statutory instrument containing them must be laid before Parliament after being made.
- (4) Regulations contained in a statutory instrument laid before Parliament under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/202/3/2023-01-31) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.
- (3) If regulations are made in reliance on subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/202/2/2023-02-07), the statutory instrument containing them must be laid before Parliament after being made.
- (4) Regulations contained in a statutory instrument laid before Parliament under subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/202/3/2023-02-07) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.
- (5) In calculating the period of 28 days, no account is to be taken of any whole days that fall within a period during which—
@@ -9120,7 +9120,7 @@
- (b) either House of Parliament is adjourned for more than four days.
- (6) If regulations cease to have effect as a result of subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/202/4/2023-01-31), that does not—
- (6) If regulations cease to have effect as a result of subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/202/4/2023-02-07), that does not—
- (a) affect the validity of anything previously done under or by virtue of the regulations, or
@@ -9150,9 +9150,9 @@
- (1) The Secretary of State may by regulations made by statutory instrument make provision that is consequential on this Act.
- (2) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/205/1/2023-01-31) may, in particular, amend, repeal or revoke any enactment passed or made before, or in the same Session as, this Act.
- (3) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/205/2/2023-01-31) “*enactment*” includes—
- (2) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/205/1/2023-02-07) may, in particular, amend, repeal or revoke any enactment passed or made before, or in the same Session as, this Act.
- (3) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/205/2/2023-02-07) “*enactment*” includes—
- (a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978,
@@ -9162,15 +9162,15 @@
- (d) an enactment contained in, or in an instrument made under, Northern Ireland legislation.
- (4) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/205/1/2023-01-31)—
- (4) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/205/1/2023-02-07)—
- (a) may make different provision for different purposes;
- (b) may make transitional, transitory or saving provision.
- (5) A statutory instrument containing (whether alone or with any other provision) regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/205/1/2023-01-31) which amend, repeal or revoke primary legislation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
- (6) Any other statutory instrument containing regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/205/1/2023-01-31) is subject to annulment in pursuance of a resolution of either House of Parliament.
- (5) A statutory instrument containing (whether alone or with any other provision) regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/205/1/2023-02-07) which amend, repeal or revoke primary legislation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
- (6) Any other statutory instrument containing regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/205/1/2023-02-07) is subject to annulment in pursuance of a resolution of either House of Parliament.
- (7) In this section “*primary legislation*” means—
@@ -9210,7 +9210,7 @@
- (4) Section 161 extends to England and Wales and Northern Ireland.
- (5) A provision of this Act which amends, repeals or revokes an enactment has the same extent within the United Kingdom as the enactment amended, repealed or revoked, subject to subsections [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/207/6/2023-01-31) to [(9)](https://www.legislation.gov.uk/ukpga/2022/32/section/207/9/2023-01-31).
- (5) A provision of this Act which amends, repeals or revokes an enactment has the same extent within the United Kingdom as the enactment amended, repealed or revoked, subject to subsections [(6)](https://www.legislation.gov.uk/ukpga/2022/32/section/207/6/2023-02-07) to [(9)](https://www.legislation.gov.uk/ukpga/2022/32/section/207/9/2023-02-07).
- (6) The following provisions extend to England and Wales only—
@@ -9260,11 +9260,11 @@
##### 208
- (1) Except as provided by subsections [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/208/4/2023-01-31) and [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/208/5/2023-01-31), this Act comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.
- (2) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/208/1/2023-01-31) may appoint different days for different purposes or areas.
- (3) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/208/1/2023-01-31) is subject to sections 34, 161 and 166.
- (1) Except as provided by subsections [(4)](https://www.legislation.gov.uk/ukpga/2022/32/section/208/4/2023-02-07) and [(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/208/5/2023-02-07), this Act comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.
- (2) Regulations under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/208/1/2023-02-07) may appoint different days for different purposes or areas.
- (3) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/32/section/208/1/2023-02-07) is subject to sections 34, 161 and 166.
- (4) The following provisions of this Act come into force on the day on which this Act is passed—
@@ -10048,7 +10048,7 @@
##### 1
- (1) On an application made by a constable, a judge may make an order under paragraph [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-01-31) if the judge is satisfied that the following conditions are met.
- (1) On an application made by a constable, a judge may make an order under paragraph [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-02-07) if the judge is satisfied that the following conditions are met.
- (2) The first condition is that there are reasonable grounds for believing that material that consists of, or may relate to the location of, relevant human remains—
@@ -10082,27 +10082,27 @@
- (b) give a constable access to it.
- (2) In sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/1/2023-01-31) “*the relevant period*” means 7 days from the date of the order or such longer period as the order may specify.
- (2) In sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/1/2023-02-07) “*the relevant period*” means 7 days from the date of the order or such longer period as the order may specify.
##### 3
Where the material consists of information stored in any electronic form—
- (a) an order under paragraph [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-01-31)[(1)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/1/2023-01-31)[(a)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/1/a/2023-01-31) has effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible or legible form, and
- (b) an order under paragraph [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-01-31)[(1)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/1/2023-01-31)[(b)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/1/b/2023-01-31) has effect as an order to give a constable access to the material in a form in which it is visible and legible.
- (a) an order under paragraph [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-02-07)[(1)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/1/2023-02-07)[(a)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/1/a/2023-02-07) has effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible or legible form, and
- (b) an order under paragraph [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-02-07)[(1)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/1/2023-02-07)[(b)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/1/b/2023-02-07) has effect as an order to give a constable access to the material in a form in which it is visible and legible.
##### 4
For the purposes of sections 21 and 22 of the Police and Criminal Evidence Act 1984, material produced in pursuance of an order under paragraph [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-01-31)[(1)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/1/2023-01-31)[(a)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/1/a/2023-01-31) is to be treated as if it were material seized by a constable.
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](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-02-07)[(1)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/1/2023-02-07)[(a)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/1/a/2023-02-07) is to be treated as if it were material seized by a constable.
#### Notices of applications for orders
##### 5
- (1) An application for an order under paragraph [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-01-31) that relates to material that consists of or includes journalistic material is to be made inter partes.
- (2) Notice of an application for an order under paragraph [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-01-31) that relates to such material may be served on a person—
- (1) An application for an order under paragraph [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-02-07) that relates to material that consists of or includes journalistic material is to be made inter partes.
- (2) Notice of an application for an order under paragraph [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-02-07) that relates to such material may be served on a person—
- (a) by delivering it to the person,
@@ -10110,13 +10110,13 @@
- (c) by sending it by post to the person in a registered letter or by a recorded delivery service.
- (3) Notice of an application for an order under paragraph [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-01-31) that relates to such material may be served—
- (3) Notice of an application for an order under paragraph [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-02-07) that relates to such material may be served—
- (a) on a body corporate, by serving it on the body’s secretary or clerk or other similar officer;
- (b) on a partnership, by serving it on one of the partners.
- (4) For the purposes of sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/5/2/2023-01-31), and of section 7 of the Interpretation Act 1978 in its application to that sub-paragraph, the proper address of a person—
- (4) For the purposes of sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/5/2/2023-02-07), and of section 7 of the Interpretation Act 1978 in its application to that sub-paragraph, the proper address of a person—
- (a) in the case of a secretary or clerk or other similar officer of a body corporate, is that of the registered or principal office of that body;
@@ -10126,7 +10126,7 @@
##### 6
- (1) Where notice of an application for an order under paragraph [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-01-31) has been served on a person, the person must not conceal, destroy, alter or dispose of the material to which the application relates until sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/6/2/2023-01-31) applies except—
- (1) Where notice of an application for an order under paragraph [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-02-07) has been served on a person, the person must not conceal, destroy, alter or dispose of the material to which the application relates until sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/6/2/2023-02-07) applies except—
- (a) with the leave of a judge, or
@@ -10136,13 +10136,13 @@
- (a) the application is dismissed or abandoned, or
- (b) the person has complied with an order under paragraph [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-01-31) made on the application.
- (b) the person has complied with an order under paragraph [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-02-07) made on the application.
#### Failure to comply with order
##### 7
- (1) If a person fails to comply with an order under paragraph [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-01-31), a judge may deal with the person as if the person had committed a contempt of the Crown Court.
- (1) If a person fails to comply with an order under paragraph [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-02-07), a judge may deal with the person as if the person had committed a contempt of the Crown Court.
- (2) Any enactment relating to contempt of the Crown Court has effect in relation to such a failure as if it were such a contempt.
@@ -10152,9 +10152,9 @@
- (1) On an application made by a constable, a judge may issue a warrant authorising a constable to enter and search premises if the judge is satisfied that the conditions in this paragraph are met.
- (2) The first condition is that there are reasonable grounds for believing that there is material on the premises mentioned in sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/8/5/2023-01-31) below that consists of, or may relate to the location of, relevant human remains.
- (3) The second condition is that each of the conditions set out in paragraph [1(3)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/1/3/2023-01-31) to [(6)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/1/6/2023-01-31) is met in relation to the material.
- (2) The first condition is that there are reasonable grounds for believing that there is material on the premises mentioned in sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/8/5/2023-02-07) below that consists of, or may relate to the location of, relevant human remains.
- (3) The second condition is that each of the conditions set out in paragraph [1(3)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/1/3/2023-02-07) to [(6)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/1/6/2023-02-07) is met in relation to the material.
- (4) The third condition is that there are reasonable grounds for believing, in relation to each set of premises specified in the application—
@@ -10168,9 +10168,9 @@
- (ii) is likely to be disclosed in breach of it if a warrant is not issued, or
- (d) that service of notice of an application for an order under paragraph [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-01-31) may seriously prejudice the purpose of the search.
- (5) The premises referred to in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/8/2/2023-01-31) are—
- (d) that service of notice of an application for an order under paragraph [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-02-07) may seriously prejudice the purpose of the search.
- (5) The premises referred to in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/8/2/2023-02-07) are—
- (a) one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”), or
@@ -10194,7 +10194,7 @@
A constable may—
- (a) seize and retain anything for which a search has been authorised under paragraph [8](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/8/2023-01-31), and
- (a) seize and retain anything for which a search has been authorised under paragraph [8](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/8/2023-02-07), and
- (b) if necessary, use reasonable force in the exercise of a power conferred by a warrant issued under that paragraph.
@@ -10202,7 +10202,7 @@
##### 12
Criminal Procedure Rules may make provision about proceedings under this Schedule, other than proceedings for an order under paragraph [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-01-31) that relates to material that consists of or includes journalistic material.
Criminal Procedure Rules may make provision about proceedings under this Schedule, other than proceedings for an order under paragraph [2](https://www.legislation.gov.uk/ukpga/2022/32/schedule/6/paragraph/2/2023-02-07) that relates to material that consists of or includes journalistic material.
#### Costs
@@ -11038,7 +11038,7 @@
##### 7
Paragraphs [5](https://www.legislation.gov.uk/ukpga/2022/32/schedule/11/paragraph/5/2023-01-31) and [6](https://www.legislation.gov.uk/ukpga/2022/32/schedule/11/paragraph/6/2023-01-31) 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.
Paragraphs [5](https://www.legislation.gov.uk/ukpga/2022/32/schedule/11/paragraph/5/2023-02-07) and [6](https://www.legislation.gov.uk/ukpga/2022/32/schedule/11/paragraph/6/2023-02-07) 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)
@@ -11147,7 +11147,7 @@
##### 19
Paragraphs [13](https://www.legislation.gov.uk/ukpga/2022/32/schedule/11/paragraph/13/2023-01-31) to [18](https://www.legislation.gov.uk/ukpga/2022/32/schedule/11/paragraph/18/2023-01-31) 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.
Paragraphs [13](https://www.legislation.gov.uk/ukpga/2022/32/schedule/11/paragraph/13/2023-02-07) to [18](https://www.legislation.gov.uk/ukpga/2022/32/schedule/11/paragraph/18/2023-02-07) 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)
@@ -11160,7 +11160,7 @@
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)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/2/2023-01-31) to [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/10/2023-01-31) and 107 of the Police, Crime, Sentencing and Courts Act 2022 apply in relation to a person arrested under subsection (4) above.
> (5) Sections 106[(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/2/2023-02-07) to [(10)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/10/2023-02-07) and 107 of the Police, Crime, Sentencing and Courts Act 2022 apply in relation to a person arrested under subsection (4) above.
##### 22
@@ -11168,7 +11168,7 @@
- (a) in paragraph (j), for the words from “conferred by” to the end substitute “under section 66E(4)”;
- (b) in paragraph (k), for “section 24A(2) of that Act” substitute “section 106[(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/2/2023-01-31) and [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/3/2023-01-31) of the Police, Crime, Sentencing and Courts Act 2022”.
- (b) in paragraph (k), for “section 24A(2) of that Act” substitute “section 106[(2)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/2/2023-02-07) and [(3)](https://www.legislation.gov.uk/ukpga/2022/32/section/106/3/2023-02-07) of the Police, Crime, Sentencing and Courts Act 2022”.
#### Police Reform Act 2002 (c. 30)
@@ -11275,7 +11275,7 @@
- (a) after paragraph (b) insert—
> (ba) a person authorised by a prosecution authority under section 98[(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/98/7/2023-01-31) of the Police, Crime, Sentencing and Courts Act 2022 for purposes relating to diversionary or community cautions;
> (ba) a person authorised by a prosecution authority under section 98[(7)](https://www.legislation.gov.uk/ukpga/2022/32/section/98/7/2023-02-07) of the Police, Crime, Sentencing and Courts Act 2022 for purposes relating to diversionary or community cautions;
;
@@ -11294,7 +11294,7 @@
##### 36
Paragraphs [34](https://www.legislation.gov.uk/ukpga/2022/32/schedule/11/paragraph/34/2023-01-31) and [35](https://www.legislation.gov.uk/ukpga/2022/32/schedule/11/paragraph/35/2023-01-31) 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.
Paragraphs [34](https://www.legislation.gov.uk/ukpga/2022/32/schedule/11/paragraph/34/2023-02-07) and [35](https://www.legislation.gov.uk/ukpga/2022/32/schedule/11/paragraph/35/2023-02-07) 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)
@@ -11384,7 +11384,7 @@
> (b) justify not doing so.
- (3) Sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/12/paragraph/5/2/2023-01-31) has effect only if this Schedule comes into force before the coming into force of paragraph 16(a) of Schedule 26 to the Sentencing Act 2020 (which omits subsection (1A) of section 227A of the Armed Forces Act 2006).
- (3) Sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2022/32/schedule/12/paragraph/5/2/2023-02-07) has effect only if this Schedule comes into force before the coming into force of paragraph 16(a) of Schedule 26 to the Sentencing Act 2020 (which omits subsection (1A) of section 227A of the Armed Forces Act 2006).
- (4) In subsection (2)—
@@ -11468,7 +11468,7 @@
> (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](https://www.legislation.gov.uk/ukpga/2022/32/schedule/13/paragraph/5/2023-01-31) of Schedule 13 to the Police, Crime, Sentencing and Courts Act 2022 came into force.
> (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](https://www.legislation.gov.uk/ukpga/2022/32/schedule/13/paragraph/5/2023-02-07) of Schedule 13 to the Police, Crime, Sentencing and Courts Act 2022 came into force.
##### 6
@@ -12101,7 +12101,7 @@
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](https://www.legislation.gov.uk/ukpga/2022/32/schedule/17/paragraph/1/2023-01-31) 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)—
> (43A) Where a youth rehabilitation order made on or after the day on which paragraph [1](https://www.legislation.gov.uk/ukpga/2022/32/schedule/17/paragraph/1/2023-02-07) 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,
@@ -12155,7 +12155,7 @@
- (4) After that subsection insert—
> (2) See section 198A for provision about an electronic monitoring requirement imposed by a youth rehabilitation order made in respect of an offence of which the offender was convicted before the day on which paragraph [4](https://www.legislation.gov.uk/ukpga/2022/32/schedule/17/paragraph/4/2023-01-31) 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) 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](https://www.legislation.gov.uk/ukpga/2022/32/schedule/17/paragraph/4/2023-02-07) 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
@@ -12171,7 +12171,7 @@
- (4) After subsection (4) insert—
> (5) An electronic whereabouts monitoring requirement is not available for a youth rehabilitation order in respect of an offence unless the offender was convicted of the offence on or after the day on which paragraph [6](https://www.legislation.gov.uk/ukpga/2022/32/schedule/17/paragraph/6/2023-01-31) 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) 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](https://www.legislation.gov.uk/ukpga/2022/32/schedule/17/paragraph/6/2023-02-07) 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
@@ -12190,7 +12190,7 @@
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](https://www.legislation.gov.uk/ukpga/2022/32/schedule/17/paragraph/4/2023-01-31) 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).
> (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](https://www.legislation.gov.uk/ukpga/2022/32/schedule/17/paragraph/4/2023-02-07) 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.
@@ -12330,7 +12330,7 @@
- (b) at the end of paragraph (c) insert
> , and
> (d) in relation to an order made on or after the day on which paragraph [16](https://www.legislation.gov.uk/ukpga/2022/32/schedule/17/paragraph/16/2023-01-31) 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.
> (d) in relation to an order made on or after the day on which paragraph [16](https://www.legislation.gov.uk/ukpga/2022/32/schedule/17/paragraph/16/2023-02-07) 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
@@ -12341,7 +12341,7 @@
- (3) After sub-paragraph (2) insert—
> (2A) In sub-paragraph (2) “*the relevant number*” means—
> (a) in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted before the day on which paragraph [17](https://www.legislation.gov.uk/ukpga/2022/32/schedule/17/paragraph/17/2023-01-31) of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent, 180 days, and
> (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](https://www.legislation.gov.uk/ukpga/2022/32/schedule/17/paragraph/17/2023-02-07) 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
@@ -12372,7 +12372,7 @@
- (3) After sub-paragraph (4) insert—
> (4A) In sub-paragraph (4)(b), “the relevant number of hours”—
> (a) in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted before the day on which paragraph [19](https://www.legislation.gov.uk/ukpga/2022/32/schedule/17/paragraph/19/2023-01-31) of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force, means 16 hours, and
> (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](https://www.legislation.gov.uk/ukpga/2022/32/schedule/17/paragraph/19/2023-02-07) 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
@@ -12394,11 +12394,11 @@
- (3) After sub-paragraph (4) insert—
> (4A) In sub-paragraph (4) “*the relevant time*” in relation to a youth rehabilitation order made in respect of—
> (a) an offence of which the offender was convicted before the day on which paragraph [21](https://www.legislation.gov.uk/ukpga/2022/32/schedule/17/paragraph/21/2023-01-31) of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force, or
> (a) an offence of which the offender was convicted before the day on which paragraph [21](https://www.legislation.gov.uk/ukpga/2022/32/schedule/17/paragraph/21/2023-02-07) 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](https://www.legislation.gov.uk/ukpga/2022/32/schedule/17/paragraph/21/2023-01-31) of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force, and
> (a) an offence of which the offender was convicted on or after the day on which paragraph [21](https://www.legislation.gov.uk/ukpga/2022/32/schedule/17/paragraph/21/2023-02-07) 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.
@@ -12684,7 +12684,7 @@
##### 6
After section 136ZF of the Sexual Offences Act 2003 (inserted by paragraph [4](https://www.legislation.gov.uk/ukpga/2022/32/schedule/18/paragraph/4/2023-01-31)) insert—
After section 136ZF of the Sexual Offences Act 2003 (inserted by paragraph [4](https://www.legislation.gov.uk/ukpga/2022/32/schedule/18/paragraph/4/2023-02-07)) insert—
> (136ZG)
> (1) This section applies where a relevant Scottish order has been made in respect of a person (“*the defendant*”) who now—
@@ -13296,7 +13296,7 @@
In Schedule 13 to the Counter-Terrorism and Sentencing Act 2021, omit paragraph 44.
#### Increase in penalty for assault on emergency worker
#### Police covenant report
#### Duties to collaborate and plan to prevent and reduce serious violence
@@ -14874,6 +14874,10 @@
[^M_I_5b8051b4-4cfd-41c3-da85-1721ee7800fb]: S. 153 in force at 28.6.2022, see [s. 208(5)(r)](https://www.legislation.gov.uk/ukpga/2022/32/section/208/5/r)
[^key-916d198b0be9fea08bc91cde9d5e3e89]: Words in [s. 78(4)(a)](https://www.legislation.gov.uk/ukpga/2022/32/section/78/4/a) substituted (7.2.2023 at 12.00 p.m.) by [The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149)](https://www.legislation.gov.uk/uksi/2023/149), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2023/149/regulation/1/2), [2(1)](https://www.legislation.gov.uk/uksi/2023/149/regulation/2/1), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2023/149/schedule/part/1)
[^key-ff5875458bf91630a096eb53dbc8f1df]: Words in [s. 78(5)](https://www.legislation.gov.uk/ukpga/2022/32/section/78/5) substituted (7.2.2023 at 12.00 p.m.) by [The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149)](https://www.legislation.gov.uk/uksi/2023/149), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2023/149/regulation/1/2), [2(1)](https://www.legislation.gov.uk/uksi/2023/149/regulation/2/1), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2023/149/schedule/part/1)
#### Power to specify other areas as controlled areas
#### Intentionally or recklessly causing public nuisance
@@ -14954,9 +14958,9 @@
#### Short title
#### Imposing conditions on public processions
#### Duty to arrange a review
#### Imposing conditions on public assemblies
#### Relevant review partners
#### Extraction of information from electronic devices: investigations of crime etc
@@ -14976,7 +14980,7 @@
#### Pre-charge bail
#### Arranging or facilitating commission of a child sex offence
#### Positions of trust
#### Time limit for prosecution of common assault or battery in domestic abuse cases
@@ -14984,17 +14988,17 @@
#### 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
#### 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
#### Code of practice relating to non-criminal hate incidents
#### Increase in penalty for offences related to game etc
#### 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
@@ -15002,10 +15006,10 @@
#### Power to specify other areas as controlled areas
#### Intentionally or recklessly causing public nuisance
#### Imposing conditions on one-person protests
#### Imposing conditions on one-person protests
#### Temporary release from secure children’s homes
#### Courses offered as alternative to prosecution: fees etc
@@ -15042,10 +15046,68 @@
#### Pardons for certain convictions or cautions
#### Power to state effect in Sentencing Act 2020 of commencement of amendments made by this Act
#### 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: piloting
#### 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
#### Offence of recording or transmission in relation to remote proceedings
#### Repeal of temporary provision
@@ -15054,70 +15116,46 @@
#### 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 Criminal Justice Act 2003 (c. 44)
#### 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
#### 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: piloting
#### 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
#### 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 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)
2023-01-31
Police, Crime, Sentencing and Courts Act 2022
2022-11-30
Police, Crime, Sentencing and Courts Act 2022
2022-11-29
Police, Crime, Sentencing and Courts Act 2022
2022-11-08
Police, Crime, Sentencing and Courts Act 2022
2022-10-28
Police, Crime, Sentencing and Courts Act 2022
2022-10-26
Police, Crime, Sentencing and Courts Act 2022
2022-08-01
Police, Crime, Sentencing and Courts Act 2022
2022-06-29
Police, Crime, Sentencing and Courts Act 2022
2022-06-28
Police, Crime, Sentencing and Courts Act 2022
2022-05-12
Police, Crime, Sentencing and Courts Act 2022
2022-04-28
Police, Crime, Sentencing and Courts Act 2022
original version
Text at this date