The Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 2 and Transitional and Saving Provisions) (England and Wales) Regulations 2023

Made: 12th June 2023

The Secretary of State makes these Regulations in exercise of the powers conferred by section 208(1) and (6) of the Police, Crime, Sentencing and Courts Act 2022[^f00001].

Citation, interpretation and extent

1

• (1) These Regulations may be cited as the Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 2 and Transitional and Saving Provisions) (England and Wales) Regulations 2023.

• (2) In these Regulations “the 2022 Act” means the Police, Crime, Sentencing and Courts Act 2022.

• (3) These Regulations extend to England and Wales.

Provisions coming into force on 13th June 2023

2

The following provisions of the 2022 Act come into force on 13th June 2023—

• (a) section 194 (Disregard of certain convictions or cautions);

• (b) section 195 (Pardons for certain convictions or cautions).

Transitional and saving provisions

3

The amendments made by section 194 of the 2022 Act to sections 92, 93, 94, 99, 100 and 101 of the Protection of Freedoms Act 2012[^f00002] do not apply to an application to disregard a conviction or caution which has been received by the Secretary of State on the day before section 194 of the 2022 Act came into force.

Signed

Sarah Dines — Parliamentary Under-Secretary of State — Home Office — 12th June 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations bring into force sections 194 and 195 of the Police, Crime, Sentencing and Courts Act 2022 (c. 32).

The first provision commenced in regulation 2 extends the scope of the disregard scheme in Chapter 4, Part 5 of the Protection of Freedoms Act 2012 (c. 9) to include any offence that was used to criminalise same-sex sexual activity which has since been repealed or abolished by enactment. The second provision commenced in regulation 2 achieves the same effect in relation to posthumous pardons for certain convictions and pardons in sections 164 to 169 of the Policing and Crime Act 2017 (c. 3).

Regulation 3 provides that the amendments made by section 194 of the Police, Crime, Sentencing and Courts Act 2022 do not apply to the sections relevant to an application to disregard a conviction or caution under Chapter 4, Part 5 of the Protection of Freedoms Act 2012 where that application was received by the Secretary of State before the date on which section 194 came into force.

Footnotes

[^f00001]: 2022 c. 32.

[^f00002]: 2012 c. 9. Section 92 was amended by section 164(8) of the Policing and Crime Act 2017 (c. 3).

[^f00003]: S.I. 2022/520 was amended by S.I. 2022/680 to correct the references to the subsections of section 73 which were commenced and to make another amendment.