The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.
[Republished to correct cross-references in Schedule 21]
Explanatory notes to the Bill, prepared by the Home Office, Ministry of Justice, Ministry of Defence, Department of Transport and Department for Environment, Food and Rural Affairs, have been ordered to be published as HL Bill 111(Corrected)—EN.
Lord Hanson of Flint has made the following statement under section 19(1)(a) of the Human Rights Act 1998:
In my view the provisions of the Crime and Policing Bill are compatible with the Convention rights.
Lord Hanson of Flint has made the following statements under section 20(2)(a) and (3) of the Environment Act 2021:
In my view—
(a) the Crime and Policing Bill contains provisions which, if enacted, would be environmental law, and
(b) the Bill will not have the effect of reducing the level of environmental protection provided for by any existing environmental law.
A
bill
to
Make provision about anti-social behaviour, offensive weapons, offences against people (including sexual offences), property offences, the criminal exploitation of persons, sex offenders, stalking and public order; to make provision about powers of the police, the border force and other similar persons; to make provision about confiscation; to make provision about the police; to make provision about terrorism and national security, and about international agreements relating to crime; to make provision about the criminal liability of bodies; and for connected purposes.
B e it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.
“Part A1 Respect orders
Respect orders
A1 Power to make respect orders
(1)
A court may make an order under this section (a “respect order”)
against a person aged 18 or over (“the respondent”) if—(a)
the court is satisfied, on the balance of probabilities, that the
respondent has engaged in or threatens to engage in anti-social behaviour, and(b)
the court considers it just and convenient to make the order
for the purpose of preventing the respondent from engaging in anti-social behaviour.(2)
A respect order may for the purpose of preventing the respondent
from engaging in anti-social behaviour—(a)
prohibit the respondent from doing anything described in the
order;(b)
require the respondent to do anything described in the order.
(3)
Prohibitions and requirements in a respect order must, so far as
practicable, be such as to avoid—(a)
any interference with the times, if any, at which the respondent
normally works or attends any educational establishment;(b)
any conflict with the requirements of any other court order or
injunction to which the respondent is subject.(4)
A respect order must—
(a)
specify the period for which it has effect, or
(b)
state that it has effect until further order.
(5)
A respect order may specify periods for which particular prohibitions
or requirements have effect.(6)
A respect order may be made only on the application of a relevant
authority.(7)
An application for a respect order may be made to the High Court or
the county court.(8)
A court may treat an application for a respect order as an application
under section 1A (power to grant housing injunctions) for an injunction under that section.(9)
In this Part, “anti-social behaviour” means conduct that has caused,
or is likely to cause, harassment, alarm or distress to any person.B1 Section A1 : meaning of "relevant authority"
(1)
This section applies for the purposes of section A1 .
(2)
“Relevant authority” means—
(a)
a local authority,
(b)
a housing provider,
(c)
the chief officer of police for a police area,
(d)
the chief constable of the British Transport Police Force,
(e)
Transport for London,
(f)
Transport for Greater Manchester,
(g)
the Environment Agency,
(h)
the Natural Resources Body for Wales,
(i)
the Secretary of State exercising security management functions,
or a Special Health Authority exercising security management functions on the direction of the Secretary of State, or(j)
the Welsh Ministers exercising security management functions,
or a person exercising security management functions on the direction of the Welsh Ministers or under arrangements made between the Welsh Ministers and that person.(3)
In subsection (2) “security management functions” means—
(a)
the Secretary of State's security management functions within
the meaning given by section 195 (3) of the National Health
Service Act 2006 ;(b)
the functions of the Welsh Ministers corresponding to those
functions.(4)
A housing provider may make an application for a respect order only
if the application concerns anti-social behaviour that directly or indirectly relates to or affects its housing management functions.(5)
For the purposes of subsection (4) the housing management functions
of a housing provider include—(a)
functions conferred by or under an enactment;
(b)
the powers and duties of the housing provider as the holder
of an estate or interest in housing accommodation.(6)
In subsection (5) , “housing accommodation” includes—
(a)
flats, lodging-houses and hostels;
(b)
any yard, garden, outhouses and appurtenances belonging to
the accommodation or usually enjoyed with it;(c)
any common areas used in connection with the accommodation.
(7)
The Secretary of State may by regulations—
(a)
amend this section;
(b)
amend section N1 in relation to expressions used in this section.
Contents of respect orders
C1 Power to exclude person from home in cases of violence or risk of
harm(1)
A respect order may have the effect of excluding the respondent from
the place where the respondent normally lives (“the premises”) only if two conditions are met.(2)
The first condition is that the order is made on the application of—
(a)
a local authority,
(b)
the chief officer of police for the police area that the premises
are in, or(c)
if the premises are owned or managed by a housing provider,
that housing provider.(3)
The second condition is that the court considers that—
(a)
the anti-social behaviour in which the respondent has engaged
or threatens to engage consists of or includes the use or threatened use of violence against other persons, or(b)
there is a significant risk of harm to other persons from the
respondent.(4)
For the purposes of this section a housing provider owns premises
if—(a)
the housing provider is a person (other than a mortgagee not
in possession) entitled to dispose of the fee simple of the premises, whether in possession or in reversion, or(b)
the housing provider is a person who holds or is entitled to
the rents and profits of the premises under a lease that (when granted) was for a term of 3 years or more.D1 Requirements included in respect orders
(1)
A respect order that includes a requirement must specify the person
(“the supervisor”) who is to be responsible for supervising compliance with the requirement.The supervisor may be an individual or an organisation.
(2)
Before including a requirement, the court must receive evidence about
its suitability and enforceability from—(a)
the individual to be specified as the supervisor, if an individual
is to be specified;(b)
an individual representing the organisation to be specified as
the supervisor, if an organisation is to be specified.(3)
Before including two or more requirements, the court must consider
their compatibility with each other.(4)
Where a court includes in a respect order a requirement the effect of
which the court considers is to require the respondent to participate in a particular activity—(a)
the court must declare the requirement to be an “activity
requirement” for the purposes of this Part, and(b)
the order must specify that the court has done so.
(5)
It is the duty of a person specified as the supervisor in relation to a
requirement—(a)
to make any necessary arrangements in connection with the
requirements for which the supervisor has responsibility (the “relevant requirements”);(b)
to promote the respondent's compliance with the relevant
requirements;(c)
to inform the person who applied for the order and (if different)
the appropriate chief officer of police if the supervisor considers that the respondent has complied with all the relevant requirements.(6)
If the supervisor considers that the respondent has failed to comply
with a relevant requirement, the supervisor must inform the person who applied for the order and (if different) the appropriate chief officer of police unless—(a)
the supervisor considers that the respondent had a reasonable
excuse for the failure, or(b)
section H1 applies (duty to give warning for breach of activity
requirement).(7)
A respondent subject to a requirement included in a respect order
must—(a)
keep in touch with the supervisor in relation to that
requirement, in accordance with any instructions given by the supervisor from time to time;(b)
notify the supervisor of any change of address.
These obligations have effect as requirements of the order.
(8)
In this section , “the appropriate chief officer of police” means—
(a)
the chief officer of police for the police area in which it appears
to the supervisor that the respondent lives, or(b)
if it appears to the supervisor that the respondent lives in more
than one police area, whichever of the relevant chief officers of police the supervisor considers it most appropriate to inform.Procedure
E1 Applications without notice
(1)
An application for a respect order may be made without notice being
given to the respondent.(2)
If an application is made without notice, the court must do one of the
following—(a)
adjourn the proceedings and make an interim order (see section
F1 );(b)
adjourn the proceedings without making an interim order;
(c)
dismiss the application.
(3)
Rules of court may provide that an appeal from a decision of the High
Court or the county court—(a)
to dismiss an application for a respect order made without
notice being given to the respondent, or(b)
to refuse to make an interim order when adjourning
proceedings following such an application,may be made without notice being given to the respondent.
F1 Interim respect orders
(1)
This section applies where the court adjourns the hearing of an
application (whether made with notice or without) for a respect order.(2)
The court may make a respect order lasting until the final hearing of
the application or until further order (an “interim respect order”) if the court considers it just to do so.(3)
An interim respect order made at a hearing of which the respondent
was not given notice may not have the effect of requiring the respondent to participate in particular activities.(4)
Subject to that, the court has the same powers in relation to an interim
respect order as it has in relation to a respect order made at a final hearing.G1 Variation and discharge of respect orders
(1)
The court may vary or discharge a respect order on the application
of—(a)
the person who applied for the order, or
(b)
the respondent.
(2)
In subsection (1) “the court” means the court that made the order.
(3)
The power to vary an order includes power to include an additional
prohibition or requirement in the order, or to extend the period for which a prohibition or requirement has effect.(4)
If an application under this section is dismissed, the party who made
the dismissed application may make no further application under this
section without—(a)
the consent of the court, or
(b)
the agreement of the other party.
(5)
Section D1 applies to additional requirements included under subsection (3) as it applies to requirements included in a new order.
Breaches of respect orders
H1 Duty to give warning for breach of activity requirement
(1)
This section applies where—
(a)
the supervisor responsible for an activity requirement is of the
opinion that the respondent has without reasonable excuse failed to comply with the requirement, and(b)
the respondent has not been given a warning under this section
in relation to the requirement within the period of 12 months ending with the date of the failure.(2)
The supervisor must give the respondent a warning in relation to the
requirement which—(a)
must be in writing,
(b)
must describe the circumstances of the failure to comply, and
(c)
must inform the respondent that if the respondent breaches
the activity requirement again within the period of 12 months beginning with the date on which the warning is given, the respondent will be liable to prosecution under section I1 .(3)
A warning under this section may be given to a person—
(a)
by hand, or
(b)
by sending it by first class post addressed to the person at the
person’s last known address.(4)
As soon as practicable after giving a warning under this section, the
supervisor must record that fact.(5)
In this section, “supervisor” has the meaning given by section D1 (1) .
I1 Offence of breach of respect order
(1)
It is an offence for a person without reasonable excuse—
(a)
to do anything the person is prohibited from doing by a respect
order, or(b)
to fail to do anything the person is required to do by a respect
order.(2)
Subsection (1) (b) does not apply in relation to a failure to comply with
an activity requirement unless, within the period of 12 months ending with the date of the failure, the person has been given a warning under section H1 in relation to that requirement.(3)
A person who commits an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not
exceeding the general limit in a magistrates’ court or a fine (or both);(b)
on conviction on indictment, to imprisonment for a period not
exceeding 2 years or a fine (both).(4)
Where a person is convicted of an offence under this section it is not
open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.(5)
In proceedings for an offence under this section , a copy of the original
order, certified by the proper officer of the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings.Supplementary
J1 Requirement to carry out risk assessment
(1)
A person applying for a respect order must before doing so carry out
a risk assessment in relation to the application.(2)
A risk assessment, in relation to an application for a respect order, is
an assessment of—(a)
the risk of any person being caused harassment, alarm or
distress by the respondent’s conduct,(b)
any vulnerabilities of the respondent,
(c)
any alternative means of preventing the respondent from
engaging in anti-social behaviour, and(d)
such other matters as the person considers relevant.
(3)
A person required to carry out a risk assessment under this section
must in doing so have regard to any guidance issued by the Secretary of State under section M1 .K1 Requirements to give notice of applications
(1)
A person applying for a respect order must before doing so inform
any person the applicant considers appropriate of the application.(2)
Subsection (1) does not apply to a without-notice application.
(3)
Where the court adjourns a without-notice application, before the date
of the first on-notice hearing the applicant must inform any other person the applicant considers appropriate of the application.(4)
A person applying for variation or discharge of a respect order made
on that person's application must before doing so inform any other person the applicant considers appropriate of that application.(5)
In this section —
“on-notice hearing” means a hearing of which notice has been given to the applicant and the respondent in accordance with rules of court;
“without-notice application” means an application made without notice under section E1 .
L1 Special measures for witnesses
(1)
Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act
1999 (special measures directions in the case of vulnerable and
intimidated witnesses) applies to proceedings under this Part as it applies to criminal proceedings, but with—(a)
(b)
any other necessary modifications.
(2)
Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act apply to proceedings under this Part—
(a)
to the extent provided by rules of court, and
(b)
subject to any modifications provided by rules of court.
(3)
Section 47 of that Act (restrictions on reporting special measures
directions etc) applies with any necessary modifications—(a)
to a direction under section 19 of that Act as applied by this
section;(b)
to a direction discharging or varying such a direction.
Sections 49 and 51 of that Act (offences) apply accordingly.
(4)
This section does not affect the application of any provision of that
Act to criminal proceedings relating to an offence under section I1 of
this Act.M1 Guidance
(1)
The Secretary of State may issue guidance to persons entitled to apply
for orders under section A1 (see section B1 ) about the exercise of their functions under this Part.(2)
The Secretary of State may revise any guidance issued under this
section .(3)
The Secretary of State must arrange for any guidance issued or revised
under this section to be published.N1 Interpretation etc
(1)
In this Part—
“
activity requirement” means a requirement which the court has
declared to be an activity requirement for the purposes of this Part (see section D1 (4) );“anti-social behaviour” has the meaning given by section A1 (9) ;
“harm” includes serious ill-treatment or abuse, whether physical or not;
“housing provider” means—
(a)
a housing trust (within the meaning given by section 2 of the Housing Associations Act 1985 ) that is a charity,
(b)
a housing action trust established under section 62 of
the Housing Act 1988 ,(c)
in relation to England, a non-profit private registered
provider of social housing,(d)
in relation to Wales, a Welsh body registered as a social
landlord under section 3 of the Housing Act 1996 , or(e)
any body (other than a local authority or a body within
paragraphs (a) to (d) ) that is a landlord under a secure tenancy within the meaning given by section 79 of the Housing Act 1985 ;“local authority” means—
(a)
in relation to England, a district council, a county
council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;(b)
in relation to Wales, a county council or a county
borough council;“
respect order” means an order under section A1 ;“respondent” has the meaning given by section A1 (1) .
(2)
A person's age is treated for the purposes of this Part as being that
which it appears to the court to be after considering any available evidence.”
In
section 182
(2)
(orders and regulations subject to affirmative resolution regulations under
section B1
(7)
,”.
procedure), before
paragraph (a)
insert—
“(za)
Part 1
of
Schedule 1
amends the
Anti-social Behaviour, Crime and Policing
Act 2014
to—
confine the power to grant an injunction under section 1 of that Act
to the granting of injunctions against persons aged 10 or over but
under 18, and
provide for the granting of injunctions against persons aged 18 or over
for the purpose of preventing them from engaging in certain conduct
capable of causing nuisance or annoyance relating to the occupation
or management of housing.
Part 2 of Schedule 1 contains consequential amendments of other Acts.
The amendments made by Schedule 1 do not apply in relation to—
injunctions under
section 1
of the
Anti-social Behaviour, Crime and
Policing Act 2014
granted before the commencement day,
applications for such an injunction made before the commencement
day, or
injunctions granted on such an application (even if granted after the
commencement day).
In subsection
(3)
“the commencement day” means the day on which Schedule
1 comes into force.
The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.
In section 35 (directions excluding a person from an area)—
in subsection (4) , for “48 hours” substitute “72 hours”;
“(7A)
A police officer of at least the rank of inspector must review
each direction given under this section that specifies an exclusion period exceeding 48 hours as soon as reasonably practicable after the expiry of the 48 hours.”;
in subsection (8) , for “48 hours” substitute “72 hours”.
In section 77 (duration of closure notices)—
in subsection (1) , for “24 hours” substitute “48 hours”;
in subsections (2) and (3) , for “48 hours” substitute “72 hours”.
In
section 81
(temporary orders), in
subsection (2)
, for “48 hours” substitute
“72 hours”.
In
Schedule 5
to the
Police Reform Act 2002
(powers exercisable by accredited the power of an authorised person to issue a fixed penalty the power of a constable or an authorised person to issue a
persons), in
paragraph 1
(2)
, after
paragraph (ac)
insert—
“(ad)
notice under
section 52
of the
Anti-social Behaviour, Crime
and Policing Act 2014
(fixed penalty notices in respect of failure
to comply with community protection notice);
(ae)
fixed penalty notice under
section 68
of the
Anti-social
Behaviour, Crime and Policing Act 2014
(fixed penalty notices
in respect of offences relating to public spaces protection orders
and expedited orders).”
The
Anti-social Behaviour, Crime and Policing Act 2014
is amended as set
out in
subsections (3)
and
(4)
.
In
section 52
(fixed penalty notices), in
subsection (7)
, for “£100” substitute
“£500”.
In
section 68
(fixed penalty notices), in
subsection (6)
, for “£100” substitute
“£500”.
Schedule 2
amends
Chapter 3
of
Part 4
of the
Anti-social Behaviour, Crime
and Policing Act 2014
so as to enable registered social housing providers to
close premises that they own or manage which are associated with nuisance
and disorder.
The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.
In
section 104
(review of response to complaints about anti-social behaviour), Subsection (7) is subject to section 104A
(7)
(requirement for
after
subsection (7)
insert—
“(7A)
recommendations to be confirmed by local policing body where LPB
case review takes place).”
“104A Review by local policing body
(1)
This section applies if a person has made a complaint about anti-social
behaviour in a particular local government area and—(a)
a person has made an application for an ASB case review of
the response to that behaviour, but the relevant bodies in that area have decided that the threshold for a review is not met, or(b)
the relevant bodies in that area have carried out an ASB case
review of the response to that behaviour.(2)
The local policing body for the relevant police area must carry out a
review of the response to the anti-social behaviour (an “LPB case review”) if—(a)
the applicant in relation to the ASB case review, or a person
acting on behalf of the applicant with their consent, makes an application for an LPB case review, and(b)
the body considers that the threshold for carrying out an ASB
case review in relation to the anti-social behaviour was met.(3)
If no application has been made for an LPB case review of the response
to the anti-social behaviour, the local policing body for the relevant police area may carry out an LPB case review if the body considers that—(a)
it is appropriate to carry out the LPB case review, and
(b)
the threshold for carrying out an ASB case review of the
response to that behaviour was met.(4)
Each local policing body must—
(a)
make arrangements about the carrying out of LPB case reviews
by that body (“LPB review procedures”), and(b)
ensure that the current LPB review procedures are published.
(5)
The LPB review procedures must include provision about the making
of applications for LPB case reviews and, in particular, must specify the point of contact for making applications.(6)
A local policing body which carries out an LPB case review may make
recommendations to a person who exercises public functions in respect of any matters arising from the review; and the person must have regard to the recommendations in exercising public functions.(7)
Where an LPB case review of the response to anti-social behaviour
follows an ASB case review of the response to the same behaviour, a person is not required to have regard to the recommendations resulting from the ASB case review unless the recommendations are confirmed by the local policing body.(8)
A local policing body who carries out an LPB case review must inform
the relevant applicant of—(a)
the outcome of the review, and
(9)
In subsection (8) “the relevant applicant” means—
(a)
where the local policing body carries out an LPB case review
in response to an application, the person who made the application, or(b)
in any other case, the person who applied for the ASB case
review mentioned in subsection (1) .(10)
As soon as practicable after the end of a reporting period, each local
policing body must publish information about the following matters which relates to that period—(a)
the number of applications for LPB case reviews made to the
body;(b)
the number of times that the body decided that an LPB case
review should not be carried out in response to an application;(c)
the number of LPB case reviews the body has carried out in
response to an application;(d)
the number of LPB case reviews the body has carried out
otherwise than in response to an application;(e)
the number of LPB case reviews carried out by the body that
have resulted in recommendations being made by the body;(f)
the number of LPB case reviews carried out by the body—
(i)
which were reviews of the response to anti-social
behaviour following an ASB case review of the response to the same behaviour, and(ii)
as a result of which the body has confirmed any of the
recommendations resulting from the ASB case review;(g)
the number of LPB case reviews carried out by the body—
(i)
which were reviews of the response to anti-social
behaviour following an ASB case review of the response to the same behaviour, and(ii)
as a result of which the body has declined to confirm
any of the recommendations resulting from the ASB case review.(11)
Schedule 4A (LPB case reviews supplementary provision) has effect.”
In section 105 (ASB case reviews: interpretation)—
in the heading, after “ASB case reviews” insert “and LPB case reviews”;
in subsection (1) —
for “section 104” substitute” sections 104 and 104A ”;
for “Schedule 4” substitute “Schedules 4 and 4A”;
in subsection (4) —
““
LPB case review” has the meaning given by section
104A (2) ;”;““relevant police area”, in relation to a local government area, means the police area which consists of, or includes all or part of, the local government area;”;
““
reporting period”—(a)
in relation to the publication of information by
the relevant bodies in a local government area, or the provision of information by such bodies to a local policing body, means a period, not exceeding 12 months, determined by those bodies for that purpose;(b)
in relation to the publication of information by
a local policing body, means a period, not exceeding 12 months, determined by that body for that purpose.”
In Schedule 4 (ASB case reviews: supplementary provision)—
in paragraph 1 —
in
sub-paragraph (1)
, at the end insert “or (as the case may be)
to each of the local policing bodies for the relevant police
areas”;
omit sub-paragraph (2) ;
in
paragraph 4
, for the words from “about” to the end of the paragraph a decision not to carry out an ASB case review, a decision not to make recommendations under section a recommendation made under section 104(7) in respect
substitute “for the relevant bodies, on the applicant’s request and in
such circumstances as may be specified in the procedures, to
reconsider—
(a)
(b)
104(7) in respect of a matter arising from an ASB case
review, or
(c)
of such a matter.”;
in paragraph 8 (3) —
after “section 104,” insert “section 104A,”;
for “or this Schedule” substitute “, this Schedule or Schedule
4A”;
in paragraph (b) omit “or the relevant police area”;
“Duty of local policing body to promote awareness of ASB case reviews
10
A local policing body must, in such manner as it thinks
appropriate, promote awareness of—(a)
opportunities in the body’s police area to make
applications for ASB case reviews, and(b)
the review procedures for such reviews.
Guidance
11
The relevant bodies in a local government area must have
regard to guidance issued by the Secretary of State in exercising functions under section 104 or this Schedule.”
After Schedule 4 insert the Schedule set out in Schedule 3 to this Act.
In
Part 6
of the
Anti-social Behaviour, Crime and Policing Act 2014
(local
involvement and accountability), at the end insert— The Secretary of State may by regulations make provision requiring The information that regulations may require a relevant authority to reports of anti-social behaviour made to the authority, responses of the authority to anti-social behaviour, and ASB case reviews carried out by the relevant authority. The regulations may require a relevant authority to— collect or otherwise obtain information, create information, retain information, or process information (including by collating or analysing it),
for the purpose of providing information under the regulations.
The regulations may make provision— requiring information to be provided at specified intervals or about the form and manner in which information must be The regulations may make different provision for different purposes. The regulations may not require the disclosure of information if the Before making regulations under this section, the Secretary of State In this section—
“ conduct that is anti-social behaviour for the purposes unreasonable conduct that has or is likely to have a the use of premises that has resulted or is likely to result
“
“
“ a person mentioned in section 5(1) (persons entitled to an integrated care board established under section 14Z25 a Local Health Board for an area in Wales;
“
“Information relating to anti-social behaviour
105A
Provision of information to Secretary of State
(1)
specified relevant authorities to provide to the Secretary of State
specified information relating to anti-social behaviour.
(2)
provide includes in particular information about—
(a)
(b)
(c)
(3)
(a)
(b)
(c)
(d)
(4)
(a)
on specified occasions;
(b)
provided.
(5)
(6)
disclosure would contravene the data protection legislation (but in
determining whether a disclosure would do so, take into account any
duty imposed by the regulations).
(7)
must consult such persons as the Secretary of State considers
appropriate.
(8)
anti-social behaviour” includes—
(a)
of any provision of this Act,
(b)
detrimental effect, of a persistent or continuing nature,
on the quality of life of those in a locality, and
(c)
in nuisance to members of the public, or that has been
or is likely to be associated with disorder near the
premises;
ASB case review” has the same meaning as in section 104;
data protection legislation” has the same meaning as in the
Data
Protection Act 2018
(see section 3 of that Act);
relevant authority” means—
(a)
apply for injunctions under Part 1) other than the
Secretary of State,
(b)
of the National Health Service Act 2006 for an area in
England, or
(c)
specified” means specified in the regulations.”
In
section 59
of the
Police Reform Act 2002
(vehicles used in manner causing
alarm, distress or annoyance) omit
subsections (4)
and
(5)
(powers of seizure
etc exercisable only if warning given, subject to certain exceptions).
The amendment made by
subsection (1)
does not apply in relation to the use
of a motor vehicle on any occasion before the coming into force of
this section
.
In the
Environmental Protection Act 1990
, after
section 34C
insert— The Secretary of State may issue guidance to English waste collection section 33(1)(a) (prohibition on unauthorised deposit of section 34(2A) (duty to secure that household waste transferred An English waste collection authority must have regard to any The Secretary of State may revise any guidance issued under this Before issuing or revising guidance under this section, the Secretary The Secretary of State must lay before Parliament and publish any In this section, “authorised officer”, in relation to an English waste section 33ZA (fixed penalty notices for contravention of section section 34ZA (fixed penalty notices relating to section 34(2A)) section 34B (power to search and seize vehicles etc) (see
“Contraventions of sections 33 and 34: guidance on enforcement in England
34CZA
Guidance on fly-tipping enforcement in England
(1)
authorities about the exercise of their functions, and those of their
authorised officers, in connection with the enforcement of—
(a)
controlled waste);
(b)
only to authorised persons).
(2)
guidance issued under this section when exercising any functions to
which the guidance relates.
(3)
section.
(4)
of State must consult such persons as the Secretary of State considers
appropriate.
(5)
guidance, and any revised guidance, issued under this section.
(6)
collection authority, means a person who is an authorised officer in
relation to that authority for the purposes of—
(a)
33(1)(a)) (see subsection (12) of that section),
(b)
(see subsection (12) of that section), or
(c)
subsection (11) of that section).”
A person commits an offence if the person trespasses on any premises with
intent to commit an offence (whether or not on the premises).
In
subsection (1)
“premises” means any building, part of a building or enclosed
area.
A person who commits an offence under this section is liable on summary
conviction to imprisonment for a term not exceeding 3 months or a fine not
exceeding level 3 on the standard scale (or both).
A person commits an offence if, for gain, the person arranges or facilitates
another person’s begging.
A person who commits an offence under this section is liable on summary
conviction to imprisonment for a term not exceeding the maximum term for
summary offences or a fine (or both).
In subsection (2) “the maximum term for summary offences” means—
if the offence is committed before the time when section 281(5) of the
Criminal Justice Act 2003 comes into force, 6 months;
if the offence is committed after that time, 51 weeks.
For the purposes of this Chapter—
a “relevant search service” is a search service other than an exempt
service;
a “relevant user-to-user service” is a user-to-user service other than
an exempt service.
In
subsection (1)
, “search service” and “user-to-user service” have the same
meanings as in the Online Safety Act 2023 (the “2023 Act”) (see, in particular,
section 3 of that Act).
The following are exempt services for the purposes of subsection (1) —
a service of a kind that is described in any of the following paragraphs
of Schedule 1 to the 2023 Act (certain services exempt from regulation
under that Act)—
paragraph 1 or 2 (email, SMS and MMS services);
paragraph 3 (services offering one-to-one live aural
communications);
paragraph 4 (limited functionality services);
paragraph 5 (services which enable combinations of
user-generated content);
paragraph 7 or 8 (internal business services);
paragraph 9 (services provided by public bodies);
paragraph 10 (services provided by persons providing education
or childcare), or
a service of a kind that is described in Schedule 2 to the 2023 Act
(services that include regulated provider pornographic content).
This Chapter does not apply in relation to a part of a relevant search service,
or a part of a relevant user-to-user service, if the 2023 Act does not apply to
that part of the service by virtue of section 5(1) or (2) of that Act.
In this Chapter, “service provider” means a provider of a relevant user-to-user
service or a provider of a relevant search service.
The Secretary of State must designate a member of a relevant police force or
a National Crime Agency officer as the coordinating officer for the purposes
of this Chapter.
The coordinating officer may delegate any of the officer’s functions under
this Chapter (to such extent as the officer may determine) to another member
of a relevant police force or National Crime Agency officer.
The coordinating officer may give a service provider a notice (an “appointment
notice”) requiring the provider—
either to—
appoint an individual who meets the conditions in
subsection
(2)
as the provider’s content manager for the purposes of this
Chapter, or
if there is no such individual, confirm that is the case to the
coordinating officer, and
to provide the coordinating officer with the required information.
The conditions are that the individual—
plays a significant role in—
the making of decisions about how a whole or substantial part
of the service provider’s activities are to be managed or
organised, or
the actual managing or organising of the whole or a substantial
part of those activities, and
is habitually resident in the United Kingdom.
“Required information” means—
the contact details of any content manager appointed;
an email address, or details of another means of contacting the service
provider rapidly which is readily available, that may be used for the
purpose of giving the provider a notice under this Chapter;
information identifying the relevant user-to-user services, or (as the
case may be) the relevant search services, provided by the provider.
An appointment notice must—
specify the period before the end of which the service provider must
comply with the notice, and
explain the potential consequences of the service provider failing to
do so (see section
18
).
The period specified under
subsection (4)
(a)
must be at least seven days
beginning with the day on which the notice is given.
This section applies where—
the coordinating officer has given a service provider an appointment
notice,
at any time within the period of two years beginning with the day on
which that confirmation was given, there is an individual who meets
those conditions.
The service provider must, before the end of the period of seven days
beginning with the first day on which there is an individual who meets those
conditions—
appoint such an individual as the provider’s content manager for the
purposes of this Chapter, and
provide the coordinating officer with the content manager’s contact
details.
This section
applies where a service provider has appointed an individual as
the provider’s content manager (whether in accordance with an appointment
notice or under section
15
or this section).
The service provider must, before the end of the period of seven days
beginning with the day on which an appointment is made under
subsection
(2)
, provide the coordinating officer with the new content manager’s contact
details.
The service provider must, before the end of the period of seven days
beginning with the day on which an appointment ceases to have effect under
subsection (4)
—
either—
provide the coordinating officer with the new content manager’s
contact details, or
if there is no longer such an individual, confirm that is the case to the
coordinating officer.
This section
applies where a service provider has, in accordance with an
appointment notice or under section
15
(2)
(b)
or
16
provided the coordinating
officer with required information.
The service provider must give notice to the coordinating officer of any change
in the required information.
The notice must specify the date on which the change occurred.
The notice must be given before the end of the period of seven days beginning
with the day on which the change occurred.
This section
applies if the coordinating officer has given a service provider
an appointment notice and—
The coordinating officer may give the service provider a notice (a “penalty
notice”) requiring the provider to pay a penalty of an amount not exceeding
£60,000.
In order to take account of changes in the value of money the Secretary of
State may by regulations substitute another sum for the sum for the time
being specified in
subsection (2)
.
Schedule
4
makes further provision in connection with penalty notices given
under this Chapter.
For the purposes of this Chapter, content is “unlawful weapons content” in
England and Wales if it is content that constitutes—
an offence under section 1(1) of the Restriction of Offensive Weapons
Act 1959 (offering to sell, hire, loan or give away etc a dangerous
weapon),
an offence under section 1 or 2 of the Knives Act 1997 (marketing of
knives as suitable for combat etc and related publications), or
an offence under section 141(1) of the Criminal Justice Act 1988 under
the law of England and Wales (offering to sell, hire, loan or give away
etc an offensive weapon).
For the purposes of this Chapter, content is “unlawful weapons content” in
Scotland if it is content that constitutes—
an offence within subsection (1) (a) or (b) , or
an offence under section 141(1) of the Criminal Justice Act 1988 under
the law of Scotland.
For the purposes of this Chapter, content is “unlawful weapons content” in
Northern Ireland if it is content that constitutes—
an offence under Article 53 of the Criminal Justice (Northern Ireland)
Order 1996 (S.I. 1996/3160 (N.I. 24)) (offering to sell, hire, loan or give
away etc certain knives),
an offence within subsection (1) (b) , or
an offence under section 141(1) of the Criminal Justice Act 1988 under
the law of Northern Ireland.
This section applies where an authorised officer is satisfied that content—
present on a relevant user-to-user service, or
which may be encountered in or via search results of a relevant search
service;
is unlawful weapons content in a relevant part of the United Kingdom.
The authorised officer may give a content removal notice to—
the provider of the relevant user-to-user service, or
the provider of the relevant search service.
If the authorised officer gives a content removal notice to a service provider
in a case where the coordinating officer has the contact details of the provider’s
content manager, the authorised officer may also give the notice to that
manager.
A content removal notice is a notice requiring the service provider and (if
applicable) the provider’s content manager (each a “recipient”) to secure
that—
confirmation of that fact is given to the authorised officer.
A content removal notice must—
identify the content to which it relates;
explain the authorised officer’s reasons for considering that the content
is unlawful weapons content in the relevant part (or parts) of the
United Kingdom;
explain that the notice must be complied with before the end of the
period of 48 hours beginning with the time the notice is given;
explain that each recipient has the right to request a review of the
decision to give the notice and how a request is to be made (see section
21
);
set out the potential consequences of failure to comply with the notice;
contain the authorised officer’s contact details;
be in such form, and contain such further information, as the Secretary
of State may by regulations prescribe.
The authorised officer may withdraw a content removal notice from a recipient
by notifying the recipient to that effect (but withdrawal of a notice does not
prevent a further content removal notice from being given under
this section
, whether or not in relation to the same content as the withdrawn notice).
In this section —
“
authorised officer” means—
a member of a relevant police force who is authorised for the
purposes of
this section
by the chief officer of the force, or
a National Crime Agency officer who is authorised for the
purposes of
this section
by the Director General of the National
Crime Agency;
“
relevant part of the United Kingdom” means—
where the authorised officer is a member of a relevant police
force in England and Wales, England and Wales;
where the authorised officer is a member of the Police Service
of Scotland, Scotland;
where the authorised officer is a member of the Police Service
of Northern Ireland, Northern Ireland;
where the authorised officer is a member of the Ministry of
Defence Police or a National Crime Agency officer, any part
of the United Kingdom.
A person who is given a content removal notice (a “recipient”) may, before
the end of the initial 48-hour period, request a review of the decision to give
the notice.
A request under subsection (1) is to be made by the recipient giving—
a notice (a “review notice”) to the authorised officer, and
a copy of the review notice to the other recipient (if applicable).
The grounds on which a recipient may request a review include, in particular,
that—
content to which the notice relates is not unlawful weapons content;
content to which the notice relates is insufficiently identified for the
recipient to be able to take the action required by the notice;
the provider that received the notice is not, in fact, the provider of the
relevant user-to-user service or relevant search service to which the
notice relates;
the individual who received the notice as the service provider’s content
manager is not, in fact, that provider’s content manager;
the notice was otherwise not given in accordance with this Chapter.
On receipt of a review notice, a review of the decision to give the content
removal notice must be carried out—
if the authorised officer is a member of a relevant police force, by
another member of that force who is of a higher rank;
if the authorised officer is a National Crime Agency officer, by another
officer who holds a more senior position in the Agency.
The individual carrying out the review is referred to in this section as “the reviewing officer”.
On completing the review or (in a case where two review notices are given)
both reviews the reviewing officer must, in respect of each recipient, either—
confirm in full the decision to give the content removal notice,
confirm the decision to give the notice, but in relation to only some
of the content to which it relates, or
withdraw the notice.
The reviewing officer must give each recipient a notice (a “decision notice”)—
setting out the outcome of the review or reviews, and
giving reasons.
This section applies where the reviewing officer—
has carried out a review or reviews under section 21 , and
confirms the decision to give the content removal notice to the service
provider, the provider’s content manager or both of them (in each
case whether as mentioned in
subsection (5)
(a)
or
(b)
of that section).
If the reviewing officer confirms in full the decision to give the content removal
notice, the decision notice must require its recipient to secure that—
the content to which the content removal notice relates is removed,
and
confirmation of that fact is given to the authorised officer.
If the officer confirms the decision to give the content removal notice but in
relation to only some of the content to which it relates, the decision notice
must—
identify the content to which the confirmation relates (the “confirmed
content”), and
require its recipient to secure that—
the confirmed content is removed, and
confirmation of that fact is given to the authorised officer.
A decision notice within
subsection (2)
or
(3)
must specify the period before
the end of which the notice must be complied with, and that period must be
whichever of the following is the longest—
the period of 24 hours beginning with the time the decision notice is
given;
the period—
beginning with the time the review notice or, if there was more
than one, the first review notice, was given under section
21
, and
ending with the end of the initial 48-hour period.
In this section , “reviewing officer” has the same meaning as in section 21 .
Subsection (2) applies where—
a content removal notice has been given to a service provider, or to
both a service provider and the provider’s content manager, in
accordance with section
20
, and
the initial 48-hour period has expired without the notice having been
complied with or a review notice having been given.
A senior authorised officer of the issuing force may give a penalty notice—
to the service provider, or
if the provider’s content manager also received the content removal
notice, to the content manager or to both of them.
the period specified in the decision notice under subsection
(4)
of that
section has expired without that notice having been complied with.
A senior authorised officer of the issuing force may give a penalty notice—
to the service provider, or
if the provider’s content manager also received the decision notice, to
the content manager or to both of them.
In this section a “penalty notice” means a notice requiring its recipient to pay
a penalty—
where the recipient is a service provider, of an amount not exceeding
£60,000;
where the recipient is a service provider’s content manager, of an
amount not exceeding £10,000.
In order to take account of changes in the value of money the Secretary of
State may by regulations substitute another sum for a sum for the time being
specified in
subsection (5)
.
See Schedule
4
for further provision in connection with penalty notices given
under this section.
The Secretary of State may issue guidance to the persons mentioned in subsection (2) about the exercise of their functions under this Chapter.
The persons are—
the chief officer, and any other member, of a relevant police force;
the Director General of the National Crime Agency and any other
officer of the Agency.
The Secretary of State may revise any guidance issued under this section .
The Secretary of State must publish any guidance or revisions issued under this section .
A person mentioned in
subsection (2)
must have regard to any guidance
issued under
this section
when exercising a function under this Chapter.
This section
applies in relation to any notice that must or may be given to a
person under this Chapter.
A notice may be given to a person by—
delivering it by hand to the person,
leaving it at the person’s proper address,
sending it by post to the person at that address, or
sending it by email to the person’s email address.
A notice to a body corporate may be given to any officer of that body.
A notice to a partnership may be given to any partner or to a person who
has the control or management of the partnership business.
A notice sent by first class post to an address in the United Kingdom, is
treated as given at noon on the second working day after the day of posting,
unless the contrary is proved.
A notice sent by email is treated as given at the time it is sent unless the
contrary is proved.
In this section —
“
director” includes any person occupying the position of a director, by
whatever name called;
“
email address”, in relation to a person, means—
an email address provided by that person for the purposes of
this Chapter, or
any email address published for the time being by that person
as an address for contacting that person;
“
officer”, in relation to an entity, includes a director, a manager, a partner,
the secretary or, where the affairs of the entity are managed by its
members, a member;
“proper address” means—
in the case of an entity, the address of the entity’s registered
office or principal office;
in any other case, the person’s last known address;
“
working day” means any day other than—
a Saturday or Sunday, or
a day that is a bank holiday in any part of the United Kingdom
under the Banking and Financial Dealings Act 1971.
In the case of an entity registered or carrying on business outside the United
Kingdom, or with offices outside the United Kingdom, the reference in
subsection (7)
, in the definition of “proper address”, to the entity’s principal
office includes—
its principal office in the United Kingdom, or
if the entity has no office in the United Kingdom, any place in the
United Kingdom at which the person giving the notice believes, on
reasonable grounds, that the notice will come to the attention of any
director or other officer of that entity.
In this Chapter—
“
authorised officer” in relation to a content removal notice, means the
member of a relevant police force, or officer of the National Crime
Agency, who gave the notice;
“
chief officer”—
in relation to a police force in England and Wales, means the
chief officer of police of the force;
in relation to any other relevant police force, means the chief
constable of that force;
“
contact details”, in relation to an individual, means the individual’s—
full name;
telephone number;
email address;
residential address, or other service address, in the United
Kingdom;
“
content” has the same meaning as in the Online Safety Act 2023 (see
section 236(1) of that Act);
“
encounter”, in relation to content, has the same meaning as in the Online
Safety Act 2023 (see section 236(1) of that Act);
“
entity” has the same meaning as in that Act (see section 236(1) of that
Act);
“
issuing force”—
in relation to a content removal notice given by a member of
a relevant police force, means that force;
in relation to a content removal notice given by a National
Crime Agency officer, means the National Crime Agency;
“
relevant police force”—
in relation to England and Wales, means—
a police force in England and Wales, or
the Ministry of Defence Police;
in relation to Scotland, means—
the Police Service of Scotland, or
the Ministry of Defence Police;
in relation to Northern Ireland, means—
the Police Service of Northern Ireland, or
the Ministry of Defence Police;
“
relevant search service” and “relevant user-to-user service” have the
meanings given by section
12
;
“
search content” and “search results” have the meanings given by section
57 of the Online Safety Act 2023;
“
senior authorised officer”, in relation to a relevant police force, means—
the chief officer of the relevant police force, or
a member of the relevant police force of at least the rank of
inspector authorised for the purposes of this Chapter by the
chief officer;
“
senior authorised officer”, in relation to the National Crime Agency,
means—
the Director General of the National Crime Agency, or
an officer of the Agency who—
holds a position in the Agency the seniority of which
is at least equivalent to that of the rank of inspector in
a relevant police force, and
is authorised for the purposes of this Chapter by the
Director General;
“
service address” has the same meaning as in the Companies Acts (see
section 1141 of the Companies Act 2006);
“
service provider” has the meaning given by section
12
.
For the purposes of this Chapter, a reference to “removing” content—
in relation to content present on a relevant user-to-user service, is a
reference to any action that results in the content being removed from
the service, or being permanently hidden, so users of the service in
any part of the United Kingdom in which the content is unlawful
weapons content cannot encounter it;
in relation to content which may be encountered in or via search
results of a relevant search service, is a reference to taking measures
designed to secure, so far as possible, that the content is no longer
included in the search content of the service that is available in any
part of the United Kingdom in which the content is unlawful weapons
content;
and related expressions are to be read accordingly.
The following provisions of the Online Safety Act 2023 apply for the purposes
of this Chapter as they apply for the purposes of that Act—
section 226 (determining who is the provider of a particular
user-to-user service or search service);
section 236(5) and (6) (references to content being present).
“139AB Offence of possessing article with blade or point or offensive
weapon with intent to use unlawful violence etc(1)
It is an offence for a person to have in their possession a relevant
weapon with intent by means thereof—(a)
to use unlawful violence against another person,
(b)
to cause another person to believe that unlawful violence will
be used against them or anyone else,(c)
to cause serious unlawful damage to property, or
(d)
to enable another person to do anything mentioned in a
preceding paragraph.(2)
In this section “relevant weapon” means—
(a)
an article to which section 139 applies, or
(b)
an offensive weapon within the meaning of section 1 of the
Prevention of Crime Act 1953.(3)
A person who commits an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not
exceeding the general limit in a magistrates’ court or a fine (or both);(b)
on conviction on indictment, to imprisonment for a term not
exceeding 4 years or a fine (or both).(4)
For provision about the sentence for an offence under this section, see
section 315 of the Sentencing Code (minimum sentence for repeat offence involving weapon, bladed article or corrosive substance).”
In section 315 of the Sentencing Code (minimum sentence for repeat offence
involving weapon, bladed article or corrosive substance)—
in subsection (1)(a) after sub-paragraph (iii) (but before the “or” at the
section 139AB
of that Act (possessing article with
end of that sub-paragraph) insert—
“(iiia)
blade or point or offensive weapon with intent
to use unlawful violence etc),”;
in subsection (5)(b) for “or 139AA” substitute “, 139AA or 139AB ”.
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in An offence under any of the following provisions of the Criminal
section 134 (torture)
section 139AB
(possessing article with blade or point or
section 45 does not apply), for paragraph 23 (offences under the Criminal
Justice Act 1988) substitute—
“23
Justice Act 1988—
offensive weapon with intent to use unlawful violence etc)”.
In section 141 of the Criminal Justice Act 1988 (offensive weapons)—
in subsection (1) for the words from “and liable” to the end substitute on summary conviction in England and Wales, to on summary conviction in Scotland, to imprisonment on summary conviction in Northern Ireland, to on conviction on indictment in England and Wales, to on conviction on indictment in Northern Ireland, to
“and liable—
(a)
imprisonment for a term not exceeding the general limit
in a magistrates’ court or a fine (or both);
(b)
for a term not exceeding 6 months or a fine not
exceeding level 5 on the standard scale (or both);
(c)
imprisonment for a term not exceeding 12 months or a
fine not exceeding the statutory maximum (or both);
(d)
imprisonment for a term not exceeding 2 years or a fine
(or both);
(e)
imprisonment for a term not exceeding 4 years or a fine
(or both).”;
in subsection (1A)—
for “51 weeks” substitute “the general limit in a magistrates’
court”;
“(ca)
on conviction on indictment in England and
Wales, to imprisonment for a term not exceeding 2 years or a fine (or both);”;
omit subsection (1B).
In section 141A(1) of that Act (sale of knives etc to children), for the words on summary conviction, to imprisonment for a term not on conviction on indictment, to imprisonment for a term not
from “and liable” to the end substitute “and liable—
(a)
exceeding the general limit in a magistrates’ court or a fine (or
both);
(b)
exceeding 2 years or a fine (or both).”
In section 1 of the Restriction of Offensive Weapons Act 1959—
in subsection (1) omit the words from “and shall be liable” to the end;
“(1ZA)
A person guilty of an offence under subsection (1) is liable—
(a)
on summary conviction in England and Wales, to
imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);(b)
on summary conviction in Scotland, to imprisonment
for a term not exceeding 6 months or a fine not exceeding level 4 on the standard scale (or both);(c)
on conviction on indictment in England and Wales, to
imprisonment for a term not exceeding 2 years or a fine (or both).”;
in subsection (1B)—
in paragraph (a) for “51 weeks” substitute “the general limit
in a magistrates’ court”;
“(c)
on conviction on indictment in England and
Wales, to imprisonment for a term not exceeding 2 years or a fine (or both).”
omit subsection (1C).
The amendments made by this section do not apply in relation to an offence
committed before this section comes into force.
A constable who—
is lawfully on any premises,
finds, on the premises, an article which has a blade or is sharply
pointed (a “relevant article”), and
has reasonable grounds for suspecting that the relevant article would
be likely to be used in connection with unlawful violence (if it were
not seized),
may seize the relevant article.
The following provisions apply where a relevant article is seized under this
section.
The constable who seized the relevant article—
must give a record of what was seized to a person who is on the
premises, or
if there is no person on the premises, must leave a record of what was
seized in a prominent place on the premises.
The record must—
describe the relevant article,
state that it has been seized under this section,
specify the date of seizure,
give the reason why the relevant article was seized, and
specify the name and reference number of the constable who seized
the relevant article.
Following seizure of the relevant article, a constable may—
retain it, or
destroy it or otherwise dispose of it.
This is subject to subsections (6) and (8) .
A person claiming to be the owner of the relevant article may apply to a
magistrates’ court for an order for the delivery of the relevant article to the
person.
The court may make an order under
subsection (6)
if it appears to the court
that—
the person making the application is the owner of the relevant article,
and
it would be just to make the order.
The relevant article may not be destroyed or disposed of—
in the period of 6 months beginning with the day on which it is seized,
or
if an application under
subsection (6)
is made in that period, until the
application (including any appeal) has been finally determined or
otherwise disposed of (and then, only if the court does not make an
order under that subsection).
In this section “unlawful violence” includes—
unlawful damage to property, and
a threat of unlawful violence (including of unlawful damage to
property).
In the Armed Forces Act 2006, after section 93 insert— This section applies where— a service policeman is lawfully on any premises which are a person subject to service law who is not a service policeman If the service policeman or person subject to service law— finds, on the premises, an article which has a blade or is sharply has reasonable grounds for suspecting that the relevant article
they may seize the relevant article.
The following provisions apply where a relevant article is seized under The service policeman or person subject to service law who seized the must give a record of what was seized to a person who is on if there is no person on the premises, must leave a record of The record must— describe the relevant article, state that it has been seized under this section, specify the date of seizure, give the reason why the relevant article was seized, and specify the name, rank or rate, and the unit, of the service Following seizure of the relevant article, the service policeman or retain it, or destroy it or otherwise dispose of it.
This is subject to
subsections (7)
and
(12)
.
A person (“P”) claiming to be the owner of the relevant article may The “relevant person” is the person by virtue of whose occupation of The commanding officer may make a determination under
subsection P is the owner of the relevant article, and it would be just to make the determination. If the commanding officer does not make a determination under
subsection (7)
, P may appeal to a judge advocate. The Secretary of State may by regulations make provision— with respect to the practice and procedure which is to apply conferring functions on judge advocates in relation to appeals The relevant article may not be destroyed or disposed of— in the period of 6 months beginning with the day on which it if an application under
subsection (7)
is made in that period, In this section “unlawful violence” includes— unlawful damage to property, and a threat of unlawful violence (including of unlawful damage
“93ZA
Power to seize bladed articles etc
(1)
(a)
searchable by virtue of this Part, or
(b)
is lawfully on any premises in the exercise of a power of search
conferred by virtue of this Part.
(2)
(a)
pointed (a “relevant article”), and
(b)
would be likely to be used in connection with unlawful violence
(if it were not seized),
(3)
this section.
(4)
relevant article—
(a)
the premises, or
(b)
what was seized in a prominent place on the premises.
(5)
(a)
(b)
(c)
(d)
(e)
policeman or person subject to service law who seized the
relevant article.
(6)
person subject to service law may—
(a)
(b)
(7)
apply to the commanding officer of the relevant person for a
determination that the relevant article should be delivered to P.
(8)
or other connection with the premises, the premises are within
subsection
(1)
.
(9)
(7)
if it appears to them that—
(a)
(b)
(10)
(11)
(a)
in connection with applications for a determination under
subsection (7)
and appeals under subsection
(10)
;
(b)
under subsection
(10)
.
(12)
(a)
is seized, or
(b)
until the application (including any appeal) has been finally
determined or otherwise disposed of (and then, only if no
determination is made that the relevant article should be
delivered to P).
(13)
(a)
(b)
to property).”
Section 141B of the Criminal Justice Act 1988 (remote sales of knives) is
amended as follows.
“(4)
Condition A is that, before the sale—
(a)
the seller obtained from the buyer—
(i)
a copy of an identity document issued to the buyer,
and(ii)
a photograph of the buyer, and
(b)
on the basis of the things obtained under paragraph (a) , a
reasonable person would have been satisfied that the buyer was aged 18 or over.(4A)
For the purposes of subsection (4) an “identity document” means—
(a)
a United Kingdom passport (within the meaning of the
Immigration Act 1971);(b)
a passport issued by or on behalf of the authorities of a country
or territory outside the United Kingdom or by or on behalf of an international organisation;(c)
a licence to drive a motor vehicle granted under Part 3 of the
Road Traffic 1988 or under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1));(d)
any other document specified in regulations made by the
Secretary of State.”
In subsection (5)(b), for “a person aged 18 or over” substitute “the buyer”.
In subsection (6), for “a person aged 18 or over” substitute “the buyer”.
In subsection (8), omit “or a person acting on behalf of the buyer” in both
places it occurs.
“(10)
Regulations made by the Secretary of State under this section are to
be made by statutory instrument.(11)
A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of Parliament.”
The Offensive Weapons Act 2019 is amended as follows.
“39A Defences to offence under section 38: England and Wales
(1)
It is a defence for a person charged in England and Wales with an
offence under section 38(2) of delivering a bladed product to residential premises to show that the delivery conditions were met.(2)
It is a defence for a person (“the seller”) charged in England and Wales
with an offence under section 38(2) of arranging for the delivery of a bladed product to residential premises to show that—(a)
the arrangement required the person with whom it was made
not to finally deliver the bladed product unless the delivery conditions were met, and(b)
the seller took all reasonable precautions and exercised all due
diligence to ensure that the product would not be finally delivered unless the delivery conditions were met.(3)
It is a defence for a person charged in England and Wales with an
offence under section 38(3) to show that they took all reasonable precautions and exercised all due diligence to avoid commission of the offence.(4)
The delivery conditions are that—
(a)
the person (“P”) into whose hands the bladed product was
finally delivered showed the person delivering it an identity document issued to P, and(b)
on the basis of that document a reasonable person would have
been satisfied—(i)
that P was over 18, and
(ii)
if the buyer was an individual, that P was the buyer.
(5)
In subsection (4) “identity document” means—
(a)
a United Kingdom passport (within the meaning of the
Immigration Act 1971);(b)
a passport issued by or on behalf of the authorities of a country
or territory outside the United Kingdom or by or on behalf of an international organisation;(c)
a licence to drive a motor vehicle granted under Part 3 of the
Road Traffic 1988 or under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1));(d)
any other document specified in regulations made by the
Secretary of State.(6)
A person is to be taken to have shown a matter for the purposes of
this section if—(a)
sufficient evidence of the matter is adduced to raise an issue
with respect to it, and(b)
the contrary is not proved beyond reasonable doubt.
(7)
The Secretary of State may by regulations provide for other defences
for a person charged in England and Wales with an offence under section 38.”
“40A Delivery of bladed products sold by UK seller to residential premises:
England and Wales(1)
This section applies if—
(a)
a person (“the seller”) sells a bladed product to another person
(“the buyer”),(b)
the seller and the buyer are not in each other’s presence at the
time of the sale and the seller is within the United Kingdom at that time,(c)
before the sale the seller entered into an arrangement with a
person (“the courier”) by which the courier agreed to deliver bladed products for the seller,(d)
the courier was aware when they entered into the arrangement
that it covered the delivery of bladed products, and(e)
pursuant to the arrangement, the courier finally delivers the
bladed product to residential premises in England or Wales.(2)
The courier commits an offence if, when they finally deliver the bladed
product to residential premises in England or Wales, they do not deliver it into the hands of a person who—(a)
is aged 18 or over, and
(b)
if the buyer is an individual, is the buyer.
(3)
A person finally delivering the bladed product to residential premises
in England or Wales on behalf of the courier commits an offence if, when they deliver it, they do not deliver it into the hands of a person who—(a)
is aged 18 or over, and
(b)
if the buyer is an individual, is the buyer.
(4)
(5)
It is a defence for a person charged with an offence under subsection (3) to show that—
(b)
the person did not know, and a reasonable person would not
have known, that the person was delivering a bladed product.(6)
A person is to be taken to have shown a matter for the purposes of
this section if—(a)
sufficient evidence of the matter is adduced to raise an issue
with respect to it, and(b)
the contrary is not proved beyond reasonable doubt.
(7)
A person guilty of an offence under this section is liable on summary
conviction to a fine.(8)
(9)
The Secretary of State may by regulations provide for other defences
for a person charged with an offence under this section.40B Offence of UK seller delivering etc bladed product to collection point:
England and Wales(1)
This section applies if—
(a)
a person (“the seller”) sells a bladed product to another person
(“the buyer”), and(b)
the seller and the buyer are not in each other’s presence at the
time of the sale and the seller is within the United Kingdom at that time.(2)
The seller commits an offence if, for the purposes of supplying the
bladed product to the buyer, the seller—(a)
delivers the bladed product to a collection point in England or
Wales, or(b)
arranges for the bladed product to be delivered to a collection
point in England or Wales.(3)
(a)
when the package containing the bladed product was delivered
to the collection point, it was clearly marked to indicate that it contained a bladed product and should only be given into the hands of a person who—(i)
is aged 18 or over, and
(ii)
if the buyer is an individual, is the buyer, and
(b)
they took all reasonable precautions and exercised all due
diligence to ensure that the package containing the bladed product would be given into the hands of such a person.(4)
(a)
when the package containing the bladed product was given to
the person with whom the arrangement was made, it was clearly marked to indicate that it contained a bladed product and should only be given into the hands of a person who—(i)
is aged 18 or over, and
(ii)
if the buyer is an individual, is the buyer, and
(b)
the seller took all reasonable precautions and exercised all due
diligence to ensure that the package containing the bladed product would be given into the hands of such a person.(5)
A person is to be taken to have shown a matter for the purposes of
this section if—(a)
sufficient evidence of the matter is adduced to raise an issue
with respect to it, and(b)
the contrary is not proved beyond reasonable doubt.
(6)
A person guilty of an offence under this section is liable on summary
conviction to a fine.(7)
“Collection point” means a place—
(a)
from which the bladed product may be collected by the buyer
or a person acting on behalf of the buyer, and(b)
where on collection the bladed product is given by an
individual to the buyer or a person acting on behalf of the buyer.(8)
(9)
The Secretary of State may by regulations provide for other defences
for a person charged with an offence under this section.40C Offence of courier delivering bladed product sold by UK seller to
collection point: England and Wales(1)
This section applies if—
(a)
a person (“the seller”) sells a bladed product to another person
(“the buyer”),(b)
the seller and the buyer are not in each other’s presence at the
time of the sale and the seller is within the United Kingdom at that time,(c)
before the sale the seller entered into an arrangement with a
person (“the courier”) by which the person agreed to deliver bladed products for the seller, and(d)
the courier was aware when they entered into the arrangement
that it covered the delivery of bladed products.(2)
The courier commits an offence if, pursuant to the arrangement, they
deliver a bladed product to a collection point in England or Wales.(3)
It is a defence for a person charged with an offence under this section
to show that—(a)
when the package containing the bladed product was delivered
to the collection point, it was clearly marked to indicate that it contained a bladed product and should only be given into the hands of a person who—(i)
is aged 18 or over, and
(ii)
if the buyer is an individual, is the buyer, and
(b)
they took all reasonable precautions and exercised all due
diligence to ensure that the package containing the bladed product would be given into the hands of such a person.(4)
It is a defence for a person charged with an offence under this section
to show that the person did not know, and a reasonable person would not have known, that the product was a bladed product.(5)
A person is to be taken to have shown a matter for the purposes of
this section if—(a)
sufficient evidence of the matter is adduced to raise an issue
with respect to it, and(b)
the contrary is not proved beyond reasonable doubt.
(6)
A person guilty of an offence under this section is liable on summary
conviction to a fine.(7)
“Collection point” has the meaning given in section 40B.
(8)
(9)
The Secretary of State may by regulations provide for other defences
for a person charged with an offence under this section.40D Handing over bladed products sold by UK seller at collection point:
England and Wales(1)
This section applies if—
(a)
a person (“the seller”) sells a bladed product to another person
(“the buyer”),(b)
the seller and the buyer are not in each other’s presence at the
time of the sale and the seller is within the United Kingdom at that time,(c)
the bladed product is delivered to a collection point in England
or Wales, and(d)
condition A or condition B is satisfied.
(2)
Condition A is that—
(a)
the delivery is pursuant to an arrangement entered into before
the delivery by—(i)
the person operating the collection point (the
“operator”), and(ii)
the seller or the person delivering the bladed product
to the collection point, and(b)
the operator was aware when they entered into the arrangement
that it covered the delivery to the collection point of bladed products.(3)
Condition B is that the seller is the operator of the collection point.
(4)
The operator commits an offence if, when the bladed product is
collected, it is not given into the hands of an eligible person.(5)
A person acting on behalf of the operator commits an offence if—
(a)
they give it to a person collecting it, but
(b)
do not give it into the hands of an eligible person.
(6)
“Eligible person” means a person who—
(a)
is aged 18 or over, and
(b)
if the buyer is an individual, is the buyer.
(7)
(8)
The collection conditions are that—
(a)
the person (“P”) who collected the bladed product showed the
individual giving it to them an identity document issued to P, and(b)
on the basis of that document a reasonable person would have
been satisfied—(i)
that P was over 18, and
(ii)
if the buyer was an individual, that P was the buyer.
(9)
(10)
A person is to be taken to have shown a matter for the purposes of
this section if—(a)
sufficient evidence of the matter is adduced to raise an issue
with respect to it, and(b)
the contrary is not proved beyond reasonable doubt.
(11)
A person guilty of an offence under this section is liable on summary
conviction to a fine.(12)
In this section—
“
collection point” has the meaning given in section 40B;“
identity document” has the meaning given in section 39A.(13)
(14)
The Secretary of State may by regulations provide for other defences
for a person charged with an offence under this section.”
“42A Delivery of bladed articles sold by non-UK seller to premises: England
and Wales(1)
This section applies if—
(a)
a person (“the seller”) sells a bladed article to another person
(“the buyer”),(b)
the seller and the buyer are not in each other’s presence at the
time of the sale and the seller is outside the United Kingdom at that time,(c)
before the sale the seller entered into an arrangement with a
person (“the courier”) by which the courier agreed to deliver bladed articles for the seller,(d)
the courier was aware when they entered into the arrangement
that it covered the delivery of bladed articles, and(e)
pursuant to the arrangement, the courier finally delivers the
bladed article to premises in England or Wales.(2)
The courier commits an offence if, when they finally deliver the bladed
article, they do not deliver it into the hands of a person who—(a)
is aged 18 or over, and
(b)
if the buyer is an individual, is the buyer.
(3)
A person finally delivering the bladed article on behalf of the courier
commits an offence if, when they deliver the bladed article, they do not deliver it into the hands of a person who—(a)
is aged 18 or over, and
(b)
if the buyer is an individual, is the buyer.
(4)
It is a defence for a person charged with an offence under subsection (2) to show that the delivery conditions were met.
(5)
It is a defence for a person charged with an offence under subsection (3) to show that—
(a)
the delivery conditions were met, or
(b)
the person did not know, and a reasonable person would not
have known, that the person was delivering a bladed article.(6)
A person is to be taken to have shown a matter for the purposes of
this section if—(a)
sufficient evidence of the matter is adduced to raise an issue
with respect to it, and(b)
the contrary is not proved beyond reasonable doubt.
(7)
A person guilty of an offence under this section is liable on summary
conviction to a fine.(8)
(9)
In this section—
“
bladed article” means an article to which section 141A of the
Criminal Justice Act 1988 applies (as that section has effect in relation to England and Wales);
In section 38(10) (offences) for “section” substitute “sections 39A and”.
In section 39 (delivery of bladed products to persons under 18)—
in the heading, at the end insert “: Scotland and Northern Ireland”;
in subsection (1)(e) after “premises” insert “in Scotland or Northern
Ireland”;
in subsection (7) omit paragraph (a).
In section 40 (defences to delivery offences under sections 38 and 39)—
in the heading, after “39” insert “: Scotland and Northern Ireland”;
in subsection (1) after “charged” insert “in Scotland or Northern
Ireland”;
in subsection (2) after “charged” insert “in Scotland or Northern
Ireland”;
in subsection (3) after “charged” insert “in Scotland or Northern
Ireland”;
in subsection (4) after “charged” insert “in Scotland or Northern
Ireland”;
in subsection (5) after “charged” insert “in Scotland or Northern
Ireland”;
in subsection (6) after “charged” insert “in Scotland or Northern
Ireland”;
in subsection (7), omit “England and Wales or”;
in subsection (14), in the definition of “appropriate national authority”
omit paragraph (a).
In section 41 (meaning of “bladed product” in sections 38 to 40)—
in the heading, for “40” substitute “ 40D ”;
in subsection (1) for “40” substitute “ 40D ”;
in subsection (2) for “40” substitute “ 40D ”.
In section 42 (delivery of knives etc pursuant to arrangement with seller
outside UK)—
in the heading, at the end insert “: Scotland and Northern Ireland”;
in subsection (1)(e), after “article” insert “to premises in Scotland or
Northern Ireland”;
in subsection (5) omit “England and Wales or”;
omit subsection (10)(a);
omit subsection (11)(a).
In section 66(1)(j) (guidance on offences relating to offensive weapons etc) for
“42” substitute “42A”.
In section 68 (regulations and orders)—
The Crossbows Act 1987 is amended as follows.
In section 1 omit “unless he believes him to be eighteen years or older and
has reasonable grounds for the belief”.
“1B Defences to offence under section 1: England and Wales
(1)
It is a defence for a person charged with an offence under section 1
to show that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.(2)
Subsection (3) applies if—
(a)
a person (“A”) is charged with an offence under section 1, and
(b)
A was not in the presence of the person (“B”) to whom the
crossbow or part of a crossbow was sold or let on hire at the time of the sale or letting on hire.(3)
A is not to be regarded as having shown that A took all reasonable
precautions and exercised all due diligence to avoid the commission of the offence unless, as a minimum, A shows that the following conditions are met.(4)
Condition 1 is that, before the sale or letting on hire—
(a)
A obtained from B—
(i)
a copy of an identity document issued to B, and
(ii)
a photograph of B, and
(b)
on the basis of the things obtained under paragraph (a) , a
reasonable person would have been satisfied that B was aged 18 or over.(5)
For the purposes of subsection (4) an “identity document” means—
(a)
a United Kingdom passport (within the meaning of the
Immigration Act 1971);(b)
a passport issued by or on behalf of the authorities of a country
or territory outside the United Kingdom or by or on behalf of an international organisation;(c)
a licence to drive a motor vehicle granted under Part 3 of the
Road Traffic 1988 or under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1));(d)
any other document specified in regulations made by the
Secretary of State.(6)
Condition 2 is that when the package containing the crossbow or part
of the crossbow was dispatched by A, it was clearly marked to indicate—(a)
that it contained a crossbow or part of a crossbow, and
(b)
that, when finally delivered, it should only be delivered into
the hands of B.(7)
Condition 3 is that A took all reasonable precautions and exercised
all due diligence to ensure that, when finally delivered, the package would be delivered into the hands of B.(8)
Condition 4 is that A did not deliver the package, or arrange for its
delivery, to a locker.(9)
(10)
In subsection (8) “locker” means a lockable container to which the
package is delivered with a view to its collection by B, or a person acting on behalf of B, in accordance with arrangements made between A and B.”
In the Crossbows Act 1987, after section 1B (inserted by section
33
) insert— This section applies if— a person (“A”) sells or lets on hire a crossbow or part of a A and B are not in each other's presence at the time of the sale. A commits an offence if, for the purposes of supplying the crossbow delivers the crossbow or part of a crossbow to residential arranges for its delivery to residential premises in England or A commits an offence if, for the purposes of supplying the crossbow delivers the crossbow or part of a crossbow to a locker in arranges for its delivery to a locker in England or Wales. In subsection (3) “locker” means a lockable container to which the A person guilty of an offence under this section is liable on summary The “maximum term for summary offences”, in relation to an offence, if the offence is committed before the time when section 281(5) if the offence is committed after that time, 51 weeks. the arrangement required the person with whom it was made the person charged with the offence took all reasonable For the purposes of this section the delivery conditions are that— the person (“P”) into whose hands the crossbow or part of a on the basis of that document a reasonable person would have that P was over 18, and if the person to whom the crossbow or part of a The Secretary of State may by regulations provide for other defences This section applies if— a person (“A”) sells or lets on hire a crossbow or part of a A and B are not in each other’s presence at the time of the sale before the sale or letting on hire A entered into an arrangement C was aware when they entered into the arrangement that it pursuant to the arrangement, C finally delivers the crossbow C commits an offence if, when they finally deliver the crossbow or is aged 18 or over, and if the person to whom the crossbow or part of a crossbow was A person finally delivering the crossbow or part of a crossbow to is aged 18 or over, and if the person to whom the crossbow or part of a crossbow was It is a defence for a person charged with an offence under subsection
(4)
to show that— the person did not know, and a reasonable person would not The Secretary of State may by regulations provide for other defences A person guilty of an offence under this section is liable on summary This section applies if— a person (“A”) sells or lets on hire a crossbow or part of a A and B are not in each other’s presence at the time of the sale A commits an offence if, for the purposes of supplying the crossbow delivers the crossbow or part of a crossbow to a collection point arranges for the crossbow or part of a crossbow to be delivered when the package containing the crossbow or part of a is aged 18 or over, and if the person to whom the crossbow or part of a the person charged with the offence took all reasonable when the package containing the crossbow or part of a is aged 18 or over, and if the person to whom the crossbow or part of a the person charged with the offence took all reasonable A person guilty of an offence under this section is liable on summary “Collection point” means a place— from which the crossbow or part of a crossbow may be where on collection the crossbow or part of a crossbow is given The Secretary of State may by regulations provide for other defences This section applies if— a person (“A”) sells or lets on hire a crossbow or part of a A and B are not in each other’s presence at the time of the sale before the sale or letting on hire A entered into an arrangement C was aware when they entered into the arrangement that it C commits an offence if, pursuant to the arrangement, they deliver a It is a defence for a person charged with an offence under this section when the package containing the crossbow or part of a is aged 18 or over, and if the person to whom the crossbow or part of a they took all reasonable precautions and exercised all due It is a defence for a person charged with an offence under this section A person guilty of an offence under this section is liable on summary “Collection point” has the meaning given in section
1F
. The Secretary of State may by regulations provide for other defences This section applies if— a person (“A”) sells or lets on hire a crossbow or part of a A and B are not in each other’s presence at the time of the sale the crossbow or part of a crossbow is delivered to a collection condition A or condition B is satisfied. Condition A is that— the delivery is pursuant to an arrangement entered into before the person operating the collection point (the A or the person delivering the crossbow or part of a the operator was aware when they entered into the arrangement Condition B is that A is the operator of the collection point. The operator commits an offence if, when the crossbow or part of a A person acting on behalf of the operator commits an offence if— they give it to a person collecting it, but do not give it into the hands of an eligible person. “Eligible person” means a person who— is aged 18 or over, and if the person to whom the crossbow or part of a crossbow was The collection conditions are that— the person (“P”) who collected the crossbow or part of a on the basis of that document a reasonable person would have that P was over 18, and if the person to whom the crossbow or part of a A person guilty of an offence under this section is liable on summary In this section—
“ The Secretary of State may by regulations provide for other defences This section applies if— a person (“A”) sells or lets for hire a crossbow or part of a A and B are not in each other’s presence at the time of the sale before the sale or letting on hire A entered into an arrangement C was aware when they entered into the arrangement that it pursuant to the arrangement, C finally delivers the crossbow C commits an offence if, when they finally deliver the crossbow or is aged 18 or over, and if the person to whom the crossbow or part of a crossbow was Any person finally delivering the crossbow or part of a crossbow to is aged 18 or over, and if the person to whom the crossbow or part of a crossbow was A person guilty of an offence under this section is liable on summary It is a defence for a person charged with an offence under subsection
(4)
to show that— the person did not know, and a reasonable person would not
“1C
Offence of seller etc delivering crossbows or parts of crossbows to
residential premises in England or Wales
(1)
(a)
crossbow to another person (“B”), and
(b)
(2)
or part of a crossbow to B, A—
(a)
premises in England or Wales, or
(b)
Wales.
(3)
or part of a crossbow to B, A—
(a)
England or Wales, or
(b)
(4)
crossbow or part of a crossbow is delivered with a view to its collection
by B, or a person acting on behalf of B, in accordance with
arrangements made between A and B.
(5)
conviction to imprisonment for a term not exceeding the maximum
term for summary offences or a fine (or both).
(6)
means—
(a)
of the Criminal Justice Act 2003 comes into force, six months;
(b)
1D
Defences to offences under section 1C
(1)
(2)
(a)
not to finally deliver the crossbow or part of a crossbow unless
the delivery conditions were met, and
(b)
precautions and exercised all due diligence to ensure that the
crossbow or part of a crossbow would not be finally delivered
unless the delivery conditions were met.
(3)
(4)
(a)
crossbow was finally delivered showed the person delivering
it an identity document issued to P, and
(b)
been satisfied—
(i)
(ii)
crossbow was sold or let on hire was an individual,
that P was that individual.
(5)
(6)
for a person charged with an offence under section
1C
.
1E
Offence of delivery business delivering crossbows or parts of
crossbows to residential premises in England or Wales on behalf of
UK seller
(1)
(a)
crossbow to another person (“B”),
(b)
or letting on hire and A is within the United Kingdom at that
time,
(c)
with a person (“C”) by which C agreed to deliver crossbows
or parts of crossbows for A,
(d)
covered the delivery of crossbows or parts of crossbows, and
(e)
or part of a crossbow to residential premises in England or
Wales.
(2)
(3)
part of a crossbow to residential premises in England or Wales, they
do not deliver it into the hands of a person who—
(a)
(b)
sold or let on hire is an individual, is that individual.
(4)
residential premises in England or Wales on behalf of C commits an
offence if, when they deliver it, they do not deliver it into the hands
of a person who—
(a)
(b)
sold or let on hire is an individual, is that individual.
(5)
(6)
(b)
have known, that the person was delivering a crossbow or part
of a crossbow.
(7)
for a person charged with an offence under this section.
(8)
conviction to a fine.
1F
Offence of UK seller etc delivering crossbows or parts of crossbows
to collection point in England or Wales
(1)
(a)
crossbow to another person (“B”), and
(b)
or letting on hire and A is within the United Kingdom at that
time.
(2)
or part of a crossbow to B, A—
(a)
in England or Wales, or
(b)
to a collection point in England or Wales.
(3)
(a)
crossbow was delivered to the collection point, it was clearly
marked to indicate that it contained a crossbow or a part of a
crossbow and should only be given into the hands of a person
who—
(i)
(ii)
crossbow was sold or let on hire is an individual, is
that individual, and
(b)
precautions and exercised all due diligence to ensure that the
package containing the crossbow or part of a crossbow would
be given into the hands of such a person.
(4)
(a)
crossbow was given to the person with whom the arrangement
was made, it was clearly marked to indicate that it contained
a crossbow or a part of a crossbow and should only be given
into the hands of a person who—
(i)
(ii)
crossbow was sold or let on hire is an individual, is
that individual, and
(b)
precautions and exercised all due diligence to ensure that the
package containing the crossbow or part of a crossbow would
be given into the hands of such a person.
(5)
conviction to a fine.
(6)
(a)
collected by the person to whom the crossbow or part of a
crossbow was sold or let on hire or a person acting on behalf
of that person, and
(b)
by an individual to the person to whom the crossbow or part
of a crossbow was sold or let on hire, or a person acting on
behalf of that person.
(7)
for a person charged with an offence under this section.
1G
Offence of delivery business delivering crossbows or parts of
crossbows to collection point in England or Wales
(1)
(a)
crossbow to another person (“B”),
(b)
or letting on hire and A is within the United Kingdom at that
time,
(c)
with a person (“C”) by which C agreed to deliver crossbows
or parts of crossbows for A, and
(d)
covered the delivery of crossbows or parts of crossbows.
(2)
crossbow or a part of a crossbow to a collection point in England or
Wales.
(3)
to show that—
(a)
crossbow was delivered to the collection point, it was clearly
marked to indicate that it contained a crossbow or part of a
crossbow and should only be given into the hands of a person
who—
(i)
(ii)
crossbow was sold or let on hire is an individual, is
that individual, and
(b)
diligence to ensure that the package containing the crossbow
or part of a crossbow would be given into the hands of such
a person.
(4)
to show that the person did not know, and a reasonable person would
not have known, that the product was a crossbow or a part of a
crossbow.
(5)
conviction to a fine.
(6)
(7)
for a person charged with an offence under this section.
1H
Handing over crossbows or parts of crossbows at collection point in
England or Wales
(1)
(a)
crossbow to another person (“B”),
(b)
or letting on hire and A is within the United Kingdom at that
time,
(c)
point in England or Wales, and
(d)
(2)
(a)
the delivery by—
(i)
“operator”), and
(ii)
crossbow to the collection point, and
(b)
that it covered the delivery to the collection point of crossbows
or parts of crossbows.
(3)
(4)
crossbow is collected, it is not given into the hands of an eligible
person.
(5)
(a)
(b)
(6)
(a)
(b)
sold or let on hire is an individual, is that individual.
(7)
(8)
(a)
crossbow showed the individual giving it to them an identity
document issued to P, and
(b)
been satisfied—
(i)
(ii)
crossbow was sold or let on hire was an individual,
that P was that individual.
(9)
(10)
conviction to a fine.
(11)
collection point” has the meaning given in section
1F
;
(12)
for a person charged with an offence under this section.
1I
Offence of delivery business delivering crossbows or parts of
crossbows to premises in England and Wales on behalf of non-UK
seller
(1)
(a)
crossbow to another person (“B”),
(b)
or letting on hire and A is outside the United Kingdom at that
time,
(c)
with a person (“C”) by which C agreed to deliver crossbows
or parts of crossbows for A,
(d)
covered the delivery of crossbows or parts of crossbows, and
(e)
or part of a crossbow to premises in England or Wales.
(2)
(3)
part of a crossbow to premises in England or Wales, they do not
deliver it into the hands of a person who—
(a)
(b)
sold or let on hire is an individual, is that individual.
(4)
premises in England or Wales on behalf of C commits an offence if,
when they deliver it, they do not deliver it into the hands of a person
who—
(a)
(b)
sold or let on hire is an individual, is that individual.
(5)
conviction to a fine.
(6)
(7)
(b)
have known, that the person was delivering a crossbow or part
of a crossbow.”
“1J Interpretation of sections 1B to 1I
(1)
(2)
A person (“A”) is not in the presence of another person (“B”) at any
time if—(a)
where A is an individual, A or a person acting on behalf of A
is not in the presence of B at that time;(b)
where A is not an individual, a person acting on behalf of A
is not in the presence of B at that time.(3)
“Residential premises” means premises used solely for residential
purposes.(4)
The circumstances where premises are not residential premises include,
in particular, where a person carries on a business from the premises.(5)
A person charged with an offence is taken to have shown a matter
if—(a)
sufficient evidence of the matter is adduced to raise an issue
with respect to it, and(b)
the contrary is not proved beyond reasonable doubt.”
“6A Regulations
(1)
Regulations made by the Secretary of State under this Act are to be
made by statutory instrument.(2)
(3)
Any other statutory instrument containing regulations made by the
Secretary of State under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.”
In section 66(1) of the Offensive Weapons Act 2019 (guidance on offences any of sections 1 to 3 of the Crossbows Act 1987 (sale etc of
relating to offensive weapons etc), after paragraph (ga) (inserted by section
36
) insert—
“(gb)
crossbows) as they have effect in relation to England and
Wales,”.
“141D Duty to report remote sales of knives etc in bulk: England and Wales
(1)
A person (“the seller”) must, in accordance with requirements specified
in regulations made by the Secretary of State by statutory instrument, report to the person specified in the regulations any reportable sales the seller makes of bladed articles.(2)
A reportable sale of bladed articles occurs where the seller, in any of
the ways set out in subsection (4) , sells—(a)
six or more bladed articles, none of which form a qualifying
set of bladed articles;(b)
two or more qualifying sets of bladed articles;
(c)
one or more qualifying sets of bladed articles and five or more
bladed articles that do not form a qualifying set.(3)
“Qualifying set of bladed articles” means three or more bladed articles
packaged together for sale as a single item, where each bladed article is a different size or shape from the others.(4)
The ways are—
(a)
in a single remote sale where the bladed articles are to be
delivered to an address in England or Wales, or(b)
in two or more remote sales in any period of 30 days—
(i)
to one person, where the bladed articles are to be
delivered to one or more addresses in England or Wales, or(ii)
to two or more persons, where the bladed articles are
to be delivered to the same residential premises in England or Wales.(5)
A sale of bladed articles is “remote” if the seller and the person to
whom the bladed article is sold are not in each other’s presence at the time of the sale.(6)
For the purposes of subsection (5) a person (“A”) is not in the presence
of another person (“B”) at any time if—(a)
where A is an individual, A or a person acting on behalf of A
is not in the presence of B at that time;(b)
where A is not an individual, a person acting on behalf of A
is not in the presence of B at that time.(7)
A sale is not reportable if the person to whom the articles are sold
(“the buyer”)—(a)
informs the seller that the buyer is carrying on a business, and
(b)
is—
(i)
registered for value added tax under the Value Added
Tax Act 1994, or(ii)
registered as a company under the Companies Act 2006.
(8)
A person who fails to comply with subsection (1) commits an offence.
(9)
It is a defence for a person charged with an offence under subsection
(8) to show that the person took all reasonable precautions, and
exercised all due diligence, to avoid commission of the offence.(10)
A person is to be taken to have shown a matter for the purposes of
this section if—(a)
sufficient evidence of the matter is adduced to raise an issue
with respect to it, and(b)
the contrary is not proved beyond reasonable doubt.
(11)
A person who commits an offence under subsection (8) is liable on
summary conviction to a fine.(12)
In this section—
“
bladed article” means an article to which section 141A applies
(as that section has effect in relation to England and Wales), other than a knife which does not have a sharp point and is designed for eating food;“
residential premises” means premises used for residential
purposes (whether or not also used for other purposes).(13)
Regulations made by the Secretary of State under subsection (1) may
in particular include requirements about—(a)
how reports are to be made,
(b)
when reports to be made, and
(c)
the information reports must include.
(14)
A statutory instrument containing regulations under subsection (1) is
subject to annulment in pursuance of a resolution of either House of Parliament.(15)
The Secretary of State may by regulations made by statutory instrument
amend—(a)
the number of bladed articles specified in subsection (2) (a) ;
(b)
the number of qualifying sets specified in subsection (2) (b) ;
(c)
the number of qualifying sets specified in subsection (2) (c) ;
(d)
the number of bladed articles specified in subsection (2) (c) ;
(16)
A statutory instrument containing regulations under subsection (15) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”
In the Offensive Weapons Act 2019, in section 66(1) (guidance on offences section 141D of that Act (duty to report remote sales of knives
relating to offensive weapons etc) after paragraph (g) insert—
“(ga)
etc in bulk: England and Wales),”
A person who assaults a retail worker at work commits an offence under this
section.
“Retail worker at work” means a person who—
is working on or about retail premises, and
is working there for or on behalf of the owner or occupier of those
premises, or is the owner or occupier of those premises.
In subsection (2) —
“
retail premises” means—
premises used wholly or mainly for the purposes of the sale
of anything by retail, or
premises used mainly for the purposes of the wholesale of
anything, if the premises are also used for the purposes of the
sale of anything by retail,
and here “premises” include a stall or vehicle;
“
working” includes doing unpaid work.
A person who commits an offence under this section is liable on summary
conviction to imprisonment for a term not exceeding the maximum term for
summary offences or to a fine (or both).
In subsection (4) “the maximum term for summary offences” means—
if the offence is committed before the time when section 281(5) of the
Criminal Justice Act 2003 (alteration of penalties for certain summary
offences: England and Wales) comes into force, 6 months;
if the offence is committed after that time, 51 weeks.
In section 40(3) of the Criminal Justice Act 1988 (power to join in indictment an offence under
section 37
of the Crime and Policing Act 2025
count for common assault etc) after paragraph (ac) insert—
“(ad)
(assault of retail worker);”.
In Chapter 1 of Part 11 of the Sentencing Code (criminal behaviour orders),
after section 331 (power to make criminal behaviour order) insert— This section applies where— a person is convicted of an offence under
section 37
of the the prosecution makes an application to the court for a criminal the offender is aged 18 or over at the time the prosecution the court does not impose a custodial sentence or make a youth the offence mentioned in paragraph (a), any other offence of which the offender is convicted by any other offence for which it deals with the offender.
Section 331 applies as if for subsections (2) and (3) of that section there Subject to
subsection (3)
, the court must, in addition to dealing
Subsection (2)
does not apply if— the court is of the opinion that there are exceptional relate to the offence or the offender, and justify not making a criminal behaviour order, the court makes an order for absolute discharge under
Section 332 applies as if for subsection (1) of that section there were For the purpose of forming an opinion as to whether there are
“331A
Duty to make order for offence of assaulting retail worker
(1)
(a)
Crime and Policing Act 2025 (assault of retail worker),
(b)
behaviour order to be made against the offender,
(c)
makes the application, and
(d)
rehabilitation order, a community order, or a suspended
sentence order in respect of—
(i)
(ii)
or before it, or
(iii)
(2)
were substituted—
“(2)
with the offender for the offence, make a criminal behaviour
order against the offender.
(3)
(a)
circumstances which—
(i)
(ii)
or
(b)
section 79 in respect of the offence.”
(3)
substituted—
“(1)
exceptional circumstances as mentioned in
subsection (3)
(a)
of
section 331 (as modified by subsection
(2)
of section
331A
), the
court may consider evidence led by the prosecution and
evidence led by the offender.”
In the Magistrates’ Courts Act 1980, omit section 22A (low-value shoplifting
to be a summary offence).
In consequence of the amendment made by subsection (1) —
in the Magistrates’ Courts Act 1980—
in section 2(3)(a) for “22A” substitute “22”;
in section 143, omit subsections (2)(aza) and (3)(aa);
in the Criminal Attempts Act 1981, omit—
section 1(5);
in section 4(1)(c), the words from “or is low-value” to “1980),”;
in section 51(2)(b) of the Crime and Disorder Act 1998, omit
“22A(2)(b),”;
in section 84 of the Armed Forces Act 2006, omit subsection (2A);
in the Anti-social Behaviour, Crime and Policing Act 2014, omit section
176;
in the Criminal Justice and Courts Act 2015, omit section 52;
in section 6 of the Judicial Review and Courts Act 2022, omit subsection
(3).
The amendments made by this section do not apply in relation to an offence
committed before this section comes into force.
A person aged 18 or over commits an offence if—
the person engages in conduct towards or in respect of a child, with
the intention of—
causing the child to commit an offence,
causing the child to do anything outside the United Kingdom
which would constitute an offence if done in any part of the
United Kingdom, or
facilitating the causing of the child, in future, to commit an
offence or do anything outside the United Kingdom which
would constitute an offence if done in any part of the United
Kingdom, and
either—
the child is under the age of 13, or
the person does not reasonably believe that the child is aged
18 or over.
In this section and section 41 —
“act” includes omission (and similar references, including references
to doing anything, are to be construed accordingly);
“child” means a person under the age of 18;
“offence” means an offence under the law of England and Wales,
Scotland or Northern Ireland.
Where—
a person (D1) arranges for another person (D2) to engage in conduct
towards or in respect of a child, and
D2 engages in that conduct,
D1 is to be treated for the purposes of this section and section 41 as also having engaged in that conduct.
A person who commits an offence under this section is liable—
on summary conviction in England and Wales, to imprisonment for
a term not exceeding the general limit in a magistrates’ court or a fine
(or both);
on summary conviction in Scotland, to imprisonment for a term not
exceeding 12 months or a fine not exceeding the statutory maximum
(or both);
on summary conviction in Northern Ireland, to imprisonment for a
term not exceeding 6 months or a fine not exceeding the statutory
maximum (or both);
on conviction on indictment, to imprisonment for a term not exceeding
10 years or a fine (or both).
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in An offence under any of the following provisions of the Crime and
section 40
(child criminal exploitation)”.
section 45 does not apply), after paragraph 36C insert—
“Crime and Policing Act 2025 (c. 00)
36D
Policing Act 2025—
This section applies for the purposes of section 40 .
Where it is alleged that a person (D) intended to cause a child to commit an
offence, it is sufficient to prove that D intended to cause the child to do an
act which would amount to the commission of that offence.
Where it is alleged that a person (D) intended to cause a child to do anything
outside the United Kingdom which would constitute an offence if done in
any part of the United Kingdom, it is sufficient to prove that D intended to
cause the child to do an act which, if done in any part of the United Kingdom,
would amount to the commission of that offence.
Where it is alleged that a person (D) intended to facilitate the causing of a
child, in future, to—
commit an offence, or
do anything outside the United Kingdom which would constitute an
offence if done in any part of the United Kingdom,
it is sufficient to prove that D intended to facilitate the causing of the child in future to do an act which would amount to the commission of that offence, or would if done in any part of the United Kingdom amount to the commission of that offence.
In proving for the purposes of this section whether an act is one which, if
done or if done in any part of the United Kingdom, would amount to the
commission of an offence—
if the offence is one requiring proof of fault, it must be proved that—
D believed that, were the act to be done, it would be done with
that fault, or
D’s state of mind was such that, were D to do it, it would be
done with that fault;
if the offence is one requiring proof of particular circumstances or
consequences (or both), it must be proved that D intended or believed
that, were the act to be done, it would be done in those circumstances
or with those consequences.
For the purposes of
subsection (5)
(a)
(ii)
, D is to be assumed to be able to do
the act in question.
This section applies if—
an application for a CCE prevention order in respect of a person is
made to a magistrates’ court, in accordance with
section 44
,
a person is acquitted of any offence, by or before a court,
the Crown Court allows a person’s appeal against a conviction for
any offence, or
the court deals with a person in respect of a finding that—
the person is not guilty of any offence by reason of insanity,
or
the person is under a disability and has done the act charged
against them in respect of any offence.
The court may make an order under
section 43
(a “CCE prevention order”)
in respect of the person (“the defendant”) if they are aged 18 or over and the
conditions in
subsection (3)
to
(5)
are met.
The first condition is that—
in any case, the court is satisfied that the defendant has engaged in
child criminal exploitation or in conduct associated with child criminal
exploitation, or
in a case within
subsection (1)
(d)
, the offence in question is an offence
under
section 40
.
The second condition is that the court considers that there is a risk that the
defendant will engage in child criminal exploitation.
The third condition is that the court considers that it is necessary to make
the order to prevent the defendant from engaging, or reduce the likelihood
of the defendant engaging, in child criminal exploitation.
In subsection (3) —
in
paragraph (a)
, the reference to engaging in anything includes
engaging in it before (as well as after) the time when this section comes
into force;
paragraph (b)
applies in relation to findings made in respect of conduct
occurring before (as well as after) that time.
a reference to a person “engaging in child criminal exploitation” is to
the person doing anything that constitutes an offence, in England and
Wales, under
section 40
;
a reference to a person “engaging in conduct associated with child
criminal exploitation” is to the person doing anything associated with
the doing of anything that constitutes such an offence.
A CCE prevention order is an order which—
prohibits the defendant from doing anything described in the order;
requires the defendant to do anything described in the order.
The order may in particular require the defendant to comply with section 48 (notification).
A court may include a prohibition or requirement only if it considers it
necessary for the purpose of preventing the defendant from engaging, or
reducing the likelihood of the defendant engaging, in child criminal
exploitation.
Prohibitions and requirements must, so far as practicable, be such as to avoid—
any conflict with any religious beliefs of the defendant;
any interference with the times, if any, at which the defendant normally
works or attends any educational establishment;
any conflict with the prohibitions and requirements of any other court
order or injunction to which the defendant is subject.
A prohibition or requirement applies throughout the United Kingdom unless
expressly limited to a particular area.
A CCE prevention order must—
specify the period for which it has effect, which must be at least two
years, or
state that it has effect until further order.
A CCE prevention order may specify periods for which particular prohibitions
or requirements have effect.
Where a court makes a CCE prevention order in respect of a defendant who
is already subject to such an order, the earlier order ceases to have effect.
An application for a CCE prevention order may be made by—
a relevant chief officer of police,
the Chief Constable of the British Transport Police Force,
the chief constable of the Ministry of Defence Police, or
the Director General of the National Crime Agency.
For the purposes of
subsection (1)
(a)
a chief officer of police is a “relevant
chief officer of police” in relation to an application if—
the defendant lives in the chief officer's police area, or
the chief officer believes that the defendant is in, or is intending to
come to, the chief officer's police area.
Where a person within
subsection (1)
(b)
,
(c)
or
(d)
makes an application, the
person must as soon as practicable notify the chief officer of police for—
the police area in which the defendant lives, or
the police area which the applicant believes the defendant is in or is
intending to come to,
of that application.
An application for a CCE prevention order may be made without notice to
the defendant.
If an application is made without notice the court must do one of the
following—
adjourn the proceedings and make an interim CCE prevention order
(see
section 46
);
adjourn the proceedings without making an interim order;
dismiss the application.
This section applies where the court adjourns the hearing of an application
(whether made with or without notice) for a CCE prevention order.
The court may, if it considers it necessary to do so, make a CCE prevention
order lasting for a fixed period or until the determination of the application
(an “interim CCE prevention order”).
Section 43 (5) does not apply in relation to an interim CCE prevention order.
The only requirement that may be imposed by an interim CCE prevention
order on the defendant is a requirement to comply with
section 48
(notification
requirements).
Subject to that, the court has the same powers in relation to an interim CCE
prevention order as it has in relation to an order made at a final hearing.
An interim CCE prevention order made at a hearing of which the defendant
was not given notice takes effect on being served on the defendant.
Nothing in
subsection (2)
prevents the variation of the duration of an interim
CCE prevention order, or the discharge of such an order, under
section 49
.
This section applies in the circumstances mentioned in section 42 (1) (b) , (c) or (d) .
For the purpose of deciding whether to make a CCE prevention order, the
court may consider evidence led by the prosecution and evidence led by the
defendant.
It does not matter whether the evidence would have been admissible in the
proceedings giving to the circumstances referred to in
subsection (1)
.
The court may adjourn any proceedings relating to the making of a CCE
prevention order.
If the defendant does not appear for any adjourned proceedings, the court
may—
further adjourn the proceedings,
issue a warrant for the defendant’s arrest, or
hear the proceedings in the defendant’s absence.
The court may act under
subsection (5)
(b)
only if satisfied that the defendant
has had adequate notice of the time and place of the adjourned proceedings.
The court may act under subsection (5) (c) only if satisfied that the defendant—
has had adequate notice of the time and place of the adjourned
proceedings, and
has been informed that if the defendant does not appear for those
proceedings, the court may hear the proceedings in the defendant’s
absence.
Nothing in this section limits any other powers of the court.
This section applies where a CCE prevention order requires the defendant to
comply with this section.
Before the end of the period of three days beginning with the day on which
a CCE prevention order requiring the defendant to comply with this section
is first served, the defendant must notify to the police—
the defendant's name and, where the defendant uses one or more
other names, each of those names, and
the defendant's home address.
If, while the defendant is required to comply with this section, the defendant—
uses a name which has not been notified under the order, or
changes home address,
the defendant must notify, to the police, the new name or the new home address.
A notification under
subsection (3)
must be given before the end of the period
of three days beginning with the day on which the defendant uses the name
or changes home address.
A notification under this section is made by—
attending at a police station in the police area in which the home
address, or the court which made the order, is situated, and
giving an oral notification to a constable, or to a person authorised
for the purpose by the officer in charge of the station.
A notification under this section must be acknowledged in writing.
In this section “home address” means—
the address of the defendant’s sole or main residence in England and
Wales, or
where the defendant has no such residence, the address or location
of a place in England or Wales where the defendant can regularly be
found and, if there is more than one such place, such one of those
places as the defendant may select.
In determining the period of three days mentioned in subsection (2) or (4) , no account is to be taken of any time when the defendant is—
lawfully detained or otherwise lawfully deprived of their liberty, in
the United Kingdom, or
outside the United Kingdom.
This section applies where a person mentioned in
subsection (2)
applies to a
relevant court for the variation or discharge of a CCE prevention order.
The persons mentioned in subsection (1) are—
the person who applied for the CCE prevention order;
the defendant;
the chief officer of police for the police area in which the defendant
lives;
a chief officer of police who believes that the defendant is in, or is
intending to come to, the chief officer’s police area.
On the application, the court may (after hearing from the applicant and any
other person mentioned in
subsection (2)
who wishes to be heard) make any
order varying or discharging the order that the court considers appropriate.
This is subject to subsection (7) .
The power to vary an order includes power to—
include an additional prohibition or requirement;
extend the period for which a prohibition or requirement has effect;
extend the period for which the order has effect.
The court may make provision of a kind mentioned in
subsection (4)
only if
it considers that the provision is necessary to prevent the defendant from
engaging, or reduce the likelihood of the defendant engaging, in child criminal
exploitation.
Subsections
(3)
,
(4)
and
(6)
of
section 43
apply to additional prohibitions or
requirements included on a variation of an order.
The court may not discharge an order before the end of the period of two
years beginning with the day on which the order was made, without the
consent of the defendant and—
the chief officer of police for the police area in which the defendant
lives, or
where the application is made by a chief officer of police, that chief
officer.
This subsection does not apply to an interim CCE prevention order.
Where a person within
section 44
(1)
(b)
,
(c)
or
(d)
makes an application under
this section, the person must as soon as practicable notify the chief officer of
police for—
the police area in which the defendant lives, or
the police area which the applicant believes the defendant is in or is
intending to come to,
of that application.
In this section “relevant court” means—
where the Crown Court or the Court of Appeal made the order, the
Crown Court;
in any other case, any magistrates’ court.
A relevant person may appeal to the relevant court against a decision made—
on an application under
section 44
(applications for CCE prevention
orders);
under section 46 (interim CCE prevention orders);
made on an application under
section 49
(variation and discharge of
CCE prevention orders).
In this section—
“
relevant court” means—
in the case of a decision of a magistrates’ court, the Crown
Court;
in the case of a decision of the Crown Court, the Court of
Appeal;
“
relevant person” means—
the person who made the application to which the decision
relates,
the defendant,
the chief officer of police for the police area in which the
defendant lives, ors
a chief officer of police who believes that the defendant is in,
or is intending to come to, the chief officer’s police area.
On an appeal under subsection (1) the relevant court may make—
such orders as may be necessary to give effect to its determination of
the appeal, and
such incidental and consequential orders as appear to it to be
appropriate.
Where a CCE prevention order is made by virtue of paragraph (b) , (c) or (d) of section 42 (1) , the defendant may appeal against the making of the order (so far as they could not otherwise do so) as if the defendant had been convicted of the offence and the order were a sentence passed on the defendant for that offence.
Where a CCE prevention order is made on appeal, for the purposes of this
Chapter (other than this section) the order is to be treated as made by the
court from which the appeal was made.
Rules of court may provide that an appeal from a decision—
to dismiss an application for a CCE prevention order made without
notice being given to the defendant, or
to refuse to make an interim CCE prevention order when adjourning
proceedings following such an application,
may be made without notice being given to the defendant.
A person who, without reasonable excuse, fails to comply with a CCE
prevention order commits an offence.
A person who commits an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding
the general limit in a magistrates’ court or a fine (or both);
on conviction on indictment, to imprisonment for a term not exceeding
five years or a fine (or both).
Where a person is convicted of an offence under this section, it is not open
to the court by or before which the person is convicted to make, in respect
of the offence, an order for conditional discharge.
In proceedings for an offence under this section, a copy of the original CCE
prevention order, certified by the proper officer of the court that made it, is
admissible as evidence of its having been made and of its contents to the
same extent that oral evidence of those matters is admissible in those
proceedings.
In section 80(3) of the Sentencing Code (list of circumstances where an order
section 51
(3)
of the Crime and Policing Act 2025 (breach of
for conditional discharge is not available) after paragraph (f) insert—
“(g)
CCE prevention order);”.
This section applies where a CCE prevention order requires a person to
comply with
section 48
(notification requirements).
The person commits an offence if—
without reasonable excuse, they fail to comply with that section, or
in purported compliance with that section, they notify to the police
any information which they know to be false.
A person who commits an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding
the general limit in a magistrates’ court or a fine (or both);
on conviction on indictment, to imprisonment for a term not exceeding
five years or a fine (or both).
A person commits an offence under
subsection (2)
(a)
on the day on which
they first fail, without reasonable excuse, to comply with
section 48
.
The person continues to commit the offence throughout any period during
which the failure continues.
But the person may not be prosecuted more than once in respect of the same
failure.
Section 51 (4) applies for the purposes of this section.
Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999
(special measures directions in the case of vulnerable and intimidated
witnesses) applies to relevant proceedings under this Chapter as it applies to
criminal proceedings, but with—
the omission of sections 17(4) to (7), 21(4C)(e), 22A, 27(10) and 32 of
that Act (which make provision appropriate only in the context of
criminal proceedings), and
any other necessary modifications.
Rules of court made under or for the purposes of Chapter 1 of Part 2 of that
Act apply to relevant proceedings under this Chapter—
to the extent provided by rules of court, and
subject to any modifications provided by rules of court.
Section 47 of that Act (restrictions on reporting special measures directions
etc) applies with any necessary modifications—
to a direction under section 19 of that Act as applied by this section;
to a direction discharging or varying such a direction.
Sections 49 and 51 of that Act (offences) apply accordingly.
In this section “relevant proceedings under this Chapter” means any
proceedings under this Chapter except proceedings relating to an offence
under
section 40
,
51
or
52
.
In sections 42 to 52 —
“
CCE prevention order” means an order under
section 43
(and
accordingly includes an interim order made by virtue of
section 46
);
“
defendant” has the same meaning as in
section 42
;
“
engaging in child criminal exploitation” has the meaning given by
section 42
(and related expressions are to be construed accordingly).
An application under this Chapter is to be made—
by complaint, where the application is made to a magistrates’ court;
in accordance with rules of court, in any other case.
Section 127 of the Magistrates’ Courts Act 1980 (time limit for complaints etc)
does not apply to a complaint under this Chapter.
On the hearing of an application under this Chapter, section 97 of the
Magistrates' Courts Act 1980 (summons to witness and warrant for arrest)
does not apply in relation to any person for whose protection the order is
sought, except where the person has given oral or written evidence at the
hearing.
Schedule 5
amends Part 11 of the Sentencing Code (behaviour orders) so as
to enable courts dealing with offenders in respect of offences to make CCE
prevention orders.
A person (A) commits an offence if—
A exercises control over the dwelling of another person (B), and
A does so for the purpose of enabling the dwelling to be used in
connection with the commission (by any person) of one or more
relevant offences, and
B does not consent to A exercising that control for that purpose.
In this section “relevant offence” means—
where the dwelling is in England or Wales, an offence under the law
of England and Wales that is listed in
Part 1
of
Schedule 6
;
where the dwelling is in Scotland, an offence under the law of Scotland
that is listed in
Part 2
of
Schedule 6
;
where the dwelling is in Northern Ireland, an offence under the law
of Northern Ireland that is listed in
Part 3
of
Schedule 6
.
Section 57 contains provision about the interpretation of this section.
A person who commits an offence under this section is liable—
on summary conviction in England and Wales, to imprisonment for
a term not exceeding the general limit in a magistrates’ court or a fine
(or both);
on summary conviction in Scotland, to imprisonment for a term not
exceeding 12 months or a fine not exceeding the statutory maximum
(or both);
on summary conviction in Northern Ireland, to imprisonment for a
term not exceeding 6 months or a fine not exceeding the statutory
maximum (or both);
on conviction on indictment, to imprisonment for a term not exceeding
5 years or a fine (or both).
This section applies for the purposes of section 56 .
A reference to the dwelling of a person is to any structure or part of a
structure occupied by the person as their home or other living accommodation
(whether the occupation is separate or shared with others), together with any
yard, garden, grounds, garage or outhouse belonging to it or used with it.
In subsection (2) “structure” includes a tent, caravan, vehicle, vessel or other
temporary or movable structure.
The circumstances in which A exercises control over B’s dwelling include
circumstances where A exercises control (whether temporarily or permanently)
over any of the following—
who is able to enter, leave, occupy or otherwise use the dwelling or
part of the dwelling;
the delivery of things to, or the collection of things from, the dwelling;
the way in which, or the purposes for which, the dwelling or part of
the dwelling is used;
the ability of B to use the dwelling or part of the dwelling for B’s own
purposes.
For the purposes of
section 56
(1)
(c)
, B consents to A exercising control for
the purpose mentioned in section
56
(1)
(b)
only if—
B is aged 18 or over,
B has capacity to give consent to the exercise of control for that
purpose,
B is given sufficient information to enable B to make an informed
decision about whether to consent,
B gives consent freely, and
the consent is not withdrawn.
The Secretary of State may by regulations amend
Schedule 6
, except so far
as the amendment could be made by regulations under
subsection (2)
or
(3)
.
The Scottish Ministers may by regulations amend
Part 2
of
Schedule 6
, where
provision about the offence to which the amendment relates would be within
the legislative competence of the Scottish Parliament if it were contained in
an Act of that Parliament.
The Department of Justice in Northern Ireland may by regulations amend
Part 3
of
Schedule 6
, where provision about the offence to which the
amendment relates—
would be within the legislative competence of the Northern Ireland
Assembly if it were contained in an Act of that Assembly, and
would not, if it were contained in a Bill in the Northern Ireland
Assembly, result in the Bill requiring the consent of the Secretary of
State under section 8 of the Northern Ireland Act 1998.
A person (“A”) commits an offence if—
A intentionally causes a person other than A who is a child (“C”) to
conceal a specified item inside C’s body, and
the condition in subsection (3) is met.
It does not matter whether the specified item gets inside C’s body by an act
of A or C or another person.
The condition is that A—
knows or reasonably suspects that the specified item has been used
in connection with criminal conduct, or
intends the specified item to be, or knows or reasonably suspects that
the specified item may be, used in connection with criminal conduct.
A person (“A”) commits an offence if—
any of the following occurs, where B is a person other than A who is
not a child—
A compels B to conceal a specified item inside B’s body,
A coerces or deceives B into concealing a specified item inside
B’s body, or
A engages in controlling or manipulative behaviour towards
B, as a result of which B conceals a specified item inside B’s
body, and
the condition in subsection (3) is met.
It does not matter whether the specified item gets inside B’s body by an act
of A or B or another person.
In considering whether a person’s behaviour towards B is controlling or
manipulative, regard may be had to the nature of the relationship between
the person and B and to any of B’s personal circumstances which may make
B more vulnerable than other persons.
For the purposes of this section the following are specified items—
controlled drugs within the meaning of the Misuse of Drugs Act 1971;
psychoactive substances within the meaning of the Psychoactive
Substances Act 2016;
a mobile telephone;
a SIM card;
an electronic device;
cash;
a payment card;
jewellery;
any article made or adapted for use for causing injury to persons, or
capable of causing serious injury to persons;
any weapon to which section 141 of the Criminal Justice Act 1988
(offensive weapons) applies, as that section applies in England and
Wales.
The Secretary of State may by regulations amend this section for the purpose
of changing the items which are specified items.
A person who commits an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding
the general limit in a magistrates’ court or a fine (or both);
on conviction on indictment, to imprisonment for a term not exceeding
10 years or a fine (or both).
In this section—
“
child” means a person under the age of 18;
“
criminal conduct” means—
a criminal offence, or
anything done outside England and Wales which would
constitute a criminal offence if done in England or Wales;
“
electronic device” means any device on which information is capable
of being stored electronically and includes any component of such a
device;
“
payment card” means a credit card, a charge card, a prepaid card or a
debit card;
“
SIM card” means a removable physical subscriber identity module.
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
“section
59
(causing internal concealment of item for criminal
purpose)”.
section 45 does not apply), in
paragraph 36D
(inserted by section
40
), after
the entry for section
40
insert—
The Secretary of State may issue guidance to relevant officers about the
exercise of their functions in connection with—
the prevention, detection and investigation of offences under
section
40
;
CCE prevention orders under section 43 ;
CCE prevention orders within the meaning of Chapter 2A of Part 11
of the Sentencing Code (orders made on conviction);
the prevention, detection and investigation of offences under section 56 ;
the prevention, detection and investigation of offences under section 59 .
A relevant officer must have regard to any guidance issued under this section.
“Relevant officer” means—
a chief officer of police, within the meaning of section 101(1) of the
Police Act 1996,
the chief constable of the Ministry of Defence Police,
the Chief Constable of the British Transport Police Force, and
the Director General of the National Crime Agency.
But subsections
(1)
and
(2)
do not apply to the exercise of functions in
connection with the matters in
subsection (1)
(a)
or
(d)
by—
the Chief Constable of the British Transport Police Force, or
the Director General of the National Crime Agency,
in relation to Scotland.
The Secretary of State may revise any guidance issued under this section.
Before issuing any guidance or revisions under this section, the Secretary of
State must consult such persons as the Secretary of State considers appropriate.
Subsection (6)
does not apply to revisions if the Secretary of State considers
that they are not substantial.
The Secretary of State must publish any guidance or revisions issued under
this section.
The Department of Justice in Northern Ireland (“the Department”) may issue
guidance to the Chief Constable of the Police Service of Northern Ireland
about the exercise of the Chief Constable’s functions in connection with—
the prevention, detection and investigation of offences under
section
40
;
the prevention, detection and investigation of offences under section 56 .
The Chief Constable of the Police Service of Northern Ireland must have
regard to any guidance issued under
this section
.
The Department may revise any guidance issued under this section.
Before issuing any guidance or revisions under this section, the Department
must consult such persons as it considers appropriate.
Subsection (4)
does not apply to revisions if the Department considers that
they are not substantial.
The Department must publish any guidance or revisions issued under this
section.
In Part 2 of the Youth Justice and Criminal Evidence Act 1999—
“(ba)
an offence under section 40 of the Crime and Policing
Act 2025 (child criminal exploitation);(bb)
an offence under section 56 of that Act (controlling
another’s home for criminal purposes);(bc)
an offence under section 59 of that Act (causing internal
concealment of item for criminal purpose);”
“(e)
an offence under section 40 of the Crime and Policing
Act 2025 (child criminal exploitation);(f)
an offence under section 56 of that Act (controlling
another’s home for criminal purposes);(g)
an offence under section 59 of that Act (causing internal
concealment of item for criminal purpose);”
“(aa)
an offence under section 40 of the Crime and Policing
Act 2025 (child criminal exploitation);(ab)
an offence under section 56 of that Act (controlling
another’s home for criminal purposes);(ac)
an offence under section 59 of that Act (causing internal
concealment of item for criminal purpose);”.
In Part 2 of the Criminal Evidence (Northern Ireland) Order 1999 (special
measures directions for vulnerable witnesses etc)—
“(e)
an offence under section 40 of the Crime and Policing
Act 2025 (child criminal exploitation);(f)
an offence under section 56 of that Act (controlling
another’s home for criminal purposes).”;”;
in Article 21(5) for “a slavery or human trafficking offence,” substitute a slavery or human trafficking offence, an offence under
section 40
of the Crime and Policing an offence under
section 56
of that Act (controlling
“—
“(a)
(b)
Act 2025 (child criminal exploitation), or
(c)
another’s home for criminal purposes),”.”.
In Article 23 of that Order—
“(cf)
an offence under section 40 of the Crime and Policing
Act 2025 (child criminal exploitation);(cg)
an offence under section 56 of that Act (controlling
another’s home for criminal purposes);”;”
in paragraph (4)(a) for the words from the beginning to “(ce)” substitute
“except in a case mentioned in sub-paragraph (b)”.
In the Proceeds of Crime Act 2002—
in Schedule 2 (lifestyle offences: England and Wales), after paragraph An offence under
section 40
of the Crime and Policing Act An offence under
section 56
of that Act (controlling another’s An offence under section
59
of that Act (causing internal
3A insert—
“Exploitation of vulnerable persons
3B
(1)
2025 (child criminal exploitation).
(2)
home for criminal purposes).
(3)
concealment of item for criminal purpose).”;
in Schedule 5 (lifestyle offences: Northern Ireland), after paragraph An offence under
section 40
of the Crime and Policing Act An offence under
section 56
of that Act (controlling another’s
3A insert—
“Exploitation of vulnerable persons
3B
(1)
2025 (child criminal exploitation).
(2)
home for criminal purposes).”
“Creation of CSA material
46A Child sexual abuse image-generators
(1)
It is an offence for a person to make, adapt, possess, supply or offer
to supply a CSA image-generator.(2)
It is a defence for a person charged with an offence under this section
of possessing a CSA image-generator to prove that the person—(a)
was sent the CSA image-generator without any request having
been made for it (by or on behalf of the person), and(b)
did not keep it for an unreasonable time.
(3)
It is a defence for a person charged with an offence under this section
of possessing, supplying or offering to supply a CSA image-generator to prove that the person did not know, and did not have cause to suspect, that the thing possessed, supplied or offered to be supplied was a CSA image-generator.(4)
For further defences, see section 46B .
(5)
A person who commits an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not
exceeding the general limit in a magistrates’ court or a fine (or both);(b)
on conviction on indictment, to imprisonment for a term not
exceeding 5 years or a fine (or both).(6)
In this section—
(a)
“CSA image-generator” means anything (including any program
and any information in electronic form) which is made or adapted for use for creating, or facilitating the creation of, CSA images;(b)
“CSA image” means—
(i)
an indecent photograph or pseudo-photograph of a
child, within the meaning of the Protection of Children Act 1978, or(ii)
a prohibited image of a child, within the meaning of
section 62 of the Coroners and Justice Act 2009, that is not an excluded image within the meaning of section 63 of that Act;(c)
a reference to making a CSA image-generator includes adapting
anything that is not a CSA image-generator in such a way that it becomes a CSA image-generator.46B Section 46A : supplementary
(1)
It is a defence for a person charged with an offence under section
46A —(a)
to prove that the person made, adapted, possessed, supplied
or offered to supply the CSA image-generator for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world,(b)
to prove that the person was a member of the Security Service,
the Secret Intelligence Service or GCHQ (a “security body”) and made, adapted, possessed, supplied or offered to supply the CSA image-generator for the purposes of the exercise of any function of the security body, or(c)
to prove that the person—
(i)
was a member of OFCOM, was employed or engaged
by OFCOM, or assisted OFCOM in the exercise of any of its online safety functions, and(ii)
made, adapted, possessed, supplied or offered to supply
the CSA image-generator for the purposes of OFCOM’s exercise of any of its online safety functions.(2)
An internet service provider does not commit an offence under section
46A by—(a)
providing access to a communication network, or
(b)
transmitting, in a communication network, information
provided by a user, if the provider does not—(i)
initiate the transmission,
(ii)
select the recipient of the transmission, or
(iii)
select or modify the information contained in the
transmission.(3)
The references in subsection (2) to providing access to, or transmitting
information in, a communication network include storing the information transmitted so far as the storage—(a)
is automatic, intermediate and transient,
(b)
is solely for the purpose of carrying out the transmission in
the network, and(c)
is for no longer than is reasonably necessary for the
transmission.(4)
An internet service provider does not commit an offence under section
46A by storing information provided by a user for transmission in a
communication network if—(a)
the storage of the information—
(i)
is automatic, intermediate and temporary, and
(ii)
is solely for the purpose of making more efficient the
onward transmission of the information to other users at their request, and(b)
the internet service provider—
(i)
does not modify the information,
(ii)
complies with any conditions attached to having access
to the information, and(iii)
on obtaining actual knowledge of a matter within subsection (5) , promptly removes the information or
disables access to it.(5)
The matters within this subsection are that—
(a)
the information at the initial source of the transmission has
been removed from the network,(b)
access to it has been disabled, or
(c)
a court or administrative authority has ordered the removal
from the network of, or the disablement of access to, the information.(6)
An internet service provider does not commit an offence under section
46A by storing information provided by a user who is not acting under the authority or control of the provider if—(a)
the provider had no actual knowledge when the information
was provided that it was, or contained, a CSA image-generator, or(b)
on obtaining actual knowledge that the information was, or
contained, a CSA image-generator, the provider promptly removed the information or disabled access to it.(7)
Section 72(1) applies in relation to an act which, if done in England
and Wales, would constitute an offence under section 46A as if references to a United Kingdom national included—(a)
a body incorporated under the law of any part of the United
Kingdom, or(b)
an unincorporated association formed under the law of any
part of the United Kingdom.(8)
Section 46A (6) applies for the purposes of this section.
(9)
In this section—
(a)
“GCHQ” has the meaning given by section 3 of the Intelligence
Services Act 1994;(b)
“OFCOM” means the Office of Communications;
(c)
a reference to OFCOM’s “online safety functions” has the
meaning given by section 235 of the Online Safety Act 2023;(d)
“internet service provider” means a provider of—
(i)
a service that is made available by means of the internet,
or(ii)
a service that provides access to the internet;
(e)
“user”, in relation to an internet service provider, means a user
of a service provided by the internet service provider.46C Liability for offence under section 46A committed by a body
(1)
This section applies where an offence under section 46A is committed
by a body.(2)
If the offence is committed with the consent or connivance of—
(a)
a relevant person in relation to the body, or
(b)
a person purporting to act in the capacity of a relevant person
in relation to the body,the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.
(3)
In this section—
“
body” means a body corporate, a partnership or an
unincorporated association other than a partnership;“
relevant person”, in relation to a body, means—(a)
in the case of a body corporate other than one whose
affairs are managed by its members, a director, manager, secretary or other similar officer of the body;(b)
in the case of a limited liability partnership or other
body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it;(c)
in the case of a limited partnership, a general partner
(within the meaning given by section 3 of the Limited Partnerships Act 1907);(d)
in the case of any other partnership, a partner;
(e)
in the case of an unincorporated association other than
a partnership, a person who exercises functions of management with respect to it.””
In Schedule 2 to that Act (sexual offences for purposes of section 72 of that
Act), in paragraph 1(a) for “47” substitute “
46A
”.
In Schedule 3 to that Act (sexual offences for purposes of Part 2 of that Act) An offence under
section 46A
of this Act (child sexual abuse
after paragraph 28 insert—
“28A
image-generators), if the offender is sentenced in respect of the
offence to imprisonment for a term of at least 12 months.”
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
“section 46A
(child sexual abuse image-generators)”.
section 45 does not apply), in paragraph 33 (offences under the Sexual Offences
Act 2003), after the entry for section 41 insert—
The Secretary of State may by regulations make provision authorising—
the carrying out of tests by the Secretary of State or a person specified
in the regulations, and
the doing of things (including the retention of information) in
connection with such tests, by the Secretary of State or a person so
specified,
for the purpose of investigating technology that may have been made or adapted for use for creating, or facilitating the creation of, CSA images.
The regulations may impose conditions.
The regulations may provide that the doing of anything specified in the
regulations, in accordance with any conditions so specified, does not constitute
any of the following—
an offence under section 2 of the Obscene Publications Act 1959;
an offence under section 1(1)(a) of the Protection of Children Act 1978;
an offence under section 127(1) of the Communications Act 2003
(sending of obscene messages etc);
an offence under
section 46A
of the Sexual Offences Act 2003 (inserted
by
subsection (1)
).
In subsection (5) “CSA image” means—
an indecent photograph or pseudo-photograph of a child, within the
meaning of the Protection of Children Act 1978, or
a prohibited image of a child, within the meaning of section 62 of the
Coroners and Justice Act 2009.
Section 69 of the Serious Crime Act 2015 (possession of paedophile manual)
is amended as follows.
In subsections (1) and (2)(b)(ii) after “sexually” insert “or creating CSA
images”.
“(2A)
In this section “abusing children sexually or creating CSA images”
means—(a)
in England and Wales, doing anything that constitutes—
(i)
an offence under section 1 of the Protection of Children
Act 1978,(ii)
an offence under Part 1 of the Sexual Offences Act 2003
against a person under the age of 16, or(iii)
an offence under section 2 of the Modern Slavery Act
2015 (human trafficking) against a person under the age of 16 that is committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation),or doing anything outside England and Wales that would constitute such an offence if done in England and Wales;
(b)
in Northern Ireland, doing anything that constitutes—
(i)
an offence under Article 3 of the Protection of Children
(Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)),(ii)
an offence under Part 2, 3 or 4 of the Sexual Offences
(Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) against a person under the age of 16, or(iii)
an offence under section 2 of the Human Trafficking
and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 against a person under the age of 16 that is committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation),or doing anything outside Northern Ireland that would constitute such an offence if done in Northern Ireland;
or creating (anywhere) a prohibited image of a child within the meaning of section 62 of the Coroners and Justice Act 2009.”
In subsection (8) omit the definition of “abusing children sexually”.
In Schedule 3 to the Sexual Offences Act 2003, in paragraph 93A(1) (service
offences) for “35B” substitute “35C”.
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in An offence under any of the following provisions of the Serious
section 69 (possession of paedophile manual)
section 75A (strangulation or suffocation).”
section 45 does not apply), for paragraph 35A (offences under the Serious
Crime Act 2015) substitute—
“35A
Crime Act 2015—
A person commits an offence if they carry out a relevant internet activity
with the intention of facilitating child sexual exploitation and abuse.
Each of the following is a “relevant internet activity” for the purposes of
this
section
—
providing an internet service;
maintaining or helping to maintain an internet service (or part of such
a service) provided by another person;
administering, moderating or otherwise controlling access to content
on an internet service;
facilitating the sharing of content on an internet service.
For the purposes of
this section
, a person carries out the relevant internet
activity of providing an internet service if they are the provider of the service
within the meaning of
section 226
of the
Online Safety Act 2023
.
A person who commits an offence under this section is liable—
on summary conviction in England and Wales, to imprisonment for
a term not exceeding the general limit in a magistrates’ court or a fine
(or both);
on summary conviction in Scotland, to imprisonment for a term not
exceeding 12 months or a fine not exceeding the statutory maximum
(or both);
on summary conviction in Northern Ireland, to imprisonment for a
term not exceeding six months or a fine not exceeding the statutory
maximum (or both);
on conviction on indictment, to imprisonment for a term not exceeding
10 years or a fine (or both).
In this section —
“
child sexual exploitation and abuse” means—
conduct that would constitute an offence specified in
Schedule
7
, or
conduct outside the United Kingdom that would constitute
such an offence if it took place in the United Kingdom;
“
content”, in relation to an internet service, has the meaning given by
section 236
(1)
of the
Online Safety Act 2023
;
“
internet service” has the meaning given by
section 228
of
that Act
(and
section 204(1) of that Act applies).
The Secretary of State may by regulations amend Schedule 7 .
The Secretary of State must consult the Scottish Ministers before making
regulations under
subsection (5)
which amend
Part 2
of
Schedule 7
.
The Secretary of State must consult the Department of Justice in Northern
Ireland before making regulations under
subsection (5)
which amend
Part 3
of
Schedule 7
.
A person commits an offence under
section 65
by virtue of conduct outside
the United Kingdom only if
subsection (2)
,
(3)
or
(4)
applies.
This subsection applies if—
the person is a UK national or a UK body, and
the conduct, if it took place in any part of the United Kingdom, would
constitute an offence under
section 65
.
This subsection applies if—
the person is a UK resident,
the conduct constitutes an offence under the law in force in the country
in which it took place, and
if the conduct took place in any part of the United Kingdom it would
constitute an offence under
section 65
.
This subsection applies if—
at the time the conduct took place the person was not a UK national,
a UK body or a UK resident,
the conduct constituted an offence under the law in force in the country
in which it took place,
if the conduct took place in any part of the United Kingdom it would
constitute an offence under
section 65
, and
the person meets the residence or nationality condition at the relevant
time.
For the purposes of
subsection (4)
(d)
, the person meets the residence or
nationality condition at the relevant time if the person is a UK national, a UK
body or a UK resident when proceedings for the offence are taken in the
United Kingdom (see
subsection (11)
).
An act punishable under the law in force in any country constitutes an offence
under that law for the purposes of
subsections (3)
and
(4)
however it is
described in that law.
The condition in
subsection (3)
(b)
or
(4)
(b)
is to be taken to be met unless,
not later than rules of court may provide, the defendant serves on the
prosecution a notice—
stating that, on the facts as alleged with respect to the conduct in
question, the condition is not in the defendant’s opinion met,
showing the grounds for that opinion, and
requiring the prosecution to prove that it is met.
But the court, if it thinks fit, may permit the defendant to require the
prosecution to prove that the condition in
subsection (3)
(b)
or
(4)
(b)
is met
without service of a notice under
subsection (7)
.
In the application of
subsections (7)
and
(8)
to Scotland, references to the
defendant are to be read as references to the accused.
In the Crown Court, the High Court of Justiciary or the sheriff court, the
question whether the condition in
subsection (3)
(b)
or
(4)
(b)
is met is to be
decided by the judge or sheriff (as the case may be) alone.
Where an offence under section 65 is committed outside the United Kingdom—
proceedings for the offence may be taken at any place in the United
Kingdom, and
the offence may for all incidental purposes be treated as having been
committed at any such place.
In the application of
subsection (11)
to Scotland, any such proceedings against
a person may be taken—
in any sheriff court district in which the person is apprehended or is
in custody, or
in such sheriff court district as the Lord Advocate may determine.
In subsection (12) “sheriff court district” is to be read in accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act).
In this section —
“country” includes territory;
“
UK body” means—
a body incorporated under the law of any part of the United
Kingdom, or
an unincorporated association formed under the law of any
part of the United Kingdom;
“UK national” means an individual who is—
a British citizen, a British overseas territories citizen, a British
National (Overseas) or a British Overseas citizen,
a person who under the
British Nationality Act 1981
is a British
subject, or
a British protected person within the meaning of that Act ;
“UK resident” means an individual who is habitually resident in the United Kingdom.
This section
applies where an offence under
section 65
is committed by a
body.
If the offence is committed with the consent or connivance of—
a relevant person in relation to the body, or
a person purporting to act in the capacity of a relevant person in
relation to the body,
the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.
In this section —
“
body” means a body corporate, a partnership or an unincorporated
association other than a partnership;
“
relevant person”, in relation to a body, means—
in the case of a body corporate other than one whose affairs
are managed by its members, a director, manager, secretary or
other similar officer of the body;
in the case of a limited liability partnership or other body
corporate whose affairs are managed by its members, a member
who exercises functions of management with respect to it;
in case of a limited partnership, a general partner (within the
meaning given by
section 3
of the
Limited Partnerships Act
1907
);
in the case of any other partnership, a partner;
in the case of an unincorporated association other than a
partnership, a person who exercises functions of management
with respect to it.
Schedule 3
to the
Sexual Offences Act 2003
(sexual offences for purposes of
Part 2 of that Act) is amended as follows.
“35D
An offence under section 65 of the Crime and Policing Act 2025
(online facilitation of child sexual exploitation and abuse), if the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.”
“59ZM
An offence under section 65 of the Crime and Policing Act 2025
(online facilitation of child sexual exploitation and abuse), if the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.”
“92Z
An offence under section 65 of the Crime and Policing Act 2025
(online facilitation of child sexual exploitation and abuse), if the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.”
In
paragraph 93A
(service offences), in
sub-paragraph (1)
, for “35C” (inserted
by section
64
) substitute “35D”.
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
“section 65
(online facilitation of child sexual exploitation and abuse)”.
section 45 does not apply), in
paragraph 36D
(inserted by
section 40
), after
the entry for section
59
(inserted by section
59
) insert—
The Sexual Offences Act 2003 is amended as follows.
In section 11(1) (engaging in sexual activity in presence of child), in paragraph
(c) for the words from “he engages” to the end (not including the “and” at
the end of the paragraph) substitute “A engages in it when another person
(B) is present or is in a place from which A can be observed,”.
In section 18(1) (abuse of position of trust: sexual activity in presence of child),
in paragraph (c) for the words from “he engages” to the end substitute “A
engages in it when another person (B) is present or is in a place from which
A can be observed,”.
In section 32(1) (engaging in sexual activity in presence of person with mental
disorder impeding choice), in paragraph (c) for the words from “he engages”
to the end substitute “A engages in it when another person (B) is present or
is in a place from which A can be observed,”.
In section 36(1) (engaging in sexual activity in presence, procured by
inducement, threat or deception, of person with mental disorder)—
in paragraph (c) for the words from “he engages” to the end substitute
“A engages in it when another person (B) is present or is in a place
from which A can be observed,”;
in paragraph (d) for “paragraph (c)(i)” substitute “paragraph (c)”.
In section 40(1) (care workers: sexual activity in presence of person with
mental disorder), in paragraph (c) for the words from “he engages” to the
end substitute “A engages in it when another person (B) is present or is in a
place from which A can be observed,”.
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
“section 11 (engaging in sexual activity in presence of child)”.
section 45 does not apply), in paragraph 33 (offences under the Sexual Offences
Act 2003), after the entry for section 10 insert—
“70A Sexual grooming of child
(1)
This section applies where—
(a)
a court is considering the seriousness of a specified child sex
offence,(b)
the offence is aggravated by grooming, and
(c)
the offender was aged 18 or over when the offence was
committed.(2)
The court—
(a)
must treat the fact that the offence is aggravated by grooming
as an aggravating factor, and(b)
must state in open court that the offence is so aggravated.
(3)
An offence is “aggravated by grooming” if—
(a)
the offence was facilitated by, or involved, the offender
grooming a person under the age of 18, or(b)
the offence was facilitated by, or involved, a person other than
the offender grooming a person under the age of 18 and the offender knew, or could reasonably be expected to have known, about the grooming when the offence was committed.The person groomed need not have been a victim of the offence.
(4)
In this section “specified child sex offence” means—
(b)
an inchoate offence in relation to any such offence.
(5)
An offence is within this subsection if it is—
(a)
an offence under section 1 of the Protection of Children Act
1978 (taking etc indecent photograph of child),(b)
an offence under section 160 of the Criminal Justice Act 1988
(possession of indecent photograph of child),(c)
an offence under any of sections 5 to 8 of the Sexual Offences
Act 2003 (rape and other offences against children under 13),(d)
an offence under any sections 9 to 12 of that Act (other child
sex offences),(e)
an offence under section 14 of that Act (arranging or facilitating
commission of child sex offence),(f)
an offence under any of sections 16 to 19 of that Act (abuse of
position of trust),(g)
an offence under section 25 or 26 of that Act (familial child sex
offences), or(h)
an offence under any of sections 47 to 50 of that Act (sexual
exploitation of children).(6)
An offence is within this subsection if it is—
(a)
an offence under any of sections 1 to 4 of the Sexual Offences
Act 2003 (rape, assault and causing sexual activity without consent),(b)
an offence under any of sections 30 to 41 of that Act (sexual
offences relating to persons with mental disorder),(c)
an offence under any of sections 61 to 63 of that Act
(preparatory offences), or(d)
an offence under any of sections 66 to 67A of that Act (exposure
and voyeurism),and the victim or intended victim was under the age of 18.
(7)
An offence is within this subsection if it is an offence under section
71 of the Sexual Offences Act 2003 (sexual activity in a public lavatory) and a person involved in the activity in question was under the age of 18.(8)
Nothing in this section prevents a court from treating any other
grooming of a person as an aggravating factor.(9)
This section applies in relation to a person convicted of an offence on
or after the day on which section 70 of the Crime and Policing Act 2025 comes into force.”
In section 238 of the Armed Forces Act 2006 (deciding the seriousness of an In section 70A of the Sentencing Code (sexual grooming of child as the references in that section to a court are to be read as the reference in subsection (1) to a specified child sex offence
offence), after subsection (7) insert—
“(8)
aggravating factor)—
(a)
including a court dealing with an offender for a service offence,
and
(b)
is to be read as including a reference to an offence under
section 42 as respects which the corresponding offence under
the law of England and Wales is a specified child sex offence.”
After section 164A of the Customs and Excise Management Act 1979 (powers
to search for cash) insert— This section applies if there are reasonable grounds to suspect that a If this section applies, an officer may— scan the information stored on the device using technology require the person to permit the scan, and require the person to take such steps as appear necessary to In this section—
“ in relation to England and Wales and Northern Ireland, in relation to Scotland, an indecent photograph or
“
“ in relation to England and Wales, the same meaning as in relation to Scotland, the same meaning as in section in relation to Northern Ireland, the same meaning as
“
“164B
Power to scan for child sexual abuse images
(1)
person to whom section 164 applies is carrying an electronic device
storing child sexual abuse images.
(2)
(a)
approved by the Secretary of State for the purpose of
ascertaining whether information stored on an electronic device
includes child sexual abuse images,
(b)
(c)
allow the scan to be performed.
(3)
child sexual abuse image” means—
(a)
an indecent photograph or pseudo-photograph of a
child or a prohibited image of a child;
(b)
pseudo-photograph of a child;
electronic device” means any article on which information is
capable of being stored in electronic form, and includes any
component of such an article;
indecent photograph or pseudo-photograph of a child” has—
(a)
in the Protection of Children Act 1978;
(b)
52 of the Civic Government (Scotland) Act 1982;
(c)
in the Protection of Children (Northern Ireland) Order
1978 (S.I. 1978/1047 (N.I. 17));
prohibited image of a child” has the same meaning as in Chapter
2 of Part 2 of the Coroners and Justice Act 2009.”
A person aged 18 or over must make a notification under
this section
if, in
the course of engaging in a relevant activity in England, they are given reason
to suspect that a child sex offence may have been committed (at any time).
A notification—
must be made to a relevant police force or a relevant local authority
(but may be made to both);
must identify each person believed to have been involved in the
suspected offence (so far as known) and explain why the notification
is made;
may be made orally or in writing.
If the person making the notification believes that no relevant child resides
in England and Wales,
subsection (2)
(a)
applies as if it referred to a relevant
police force only.
The Secretary of State may by regulations make provision about the way in
which an oral or written notification is to be made.
The regulations may in particular provide that a notification to a police force or local authority is to be made in accordance with any requirements published from time to time by the police force or local authority.
The duty under
subsection (1)
does not apply to a person in the initial 7-day
period if (and for so long as) they reasonably believe that making such a
notification would give rise to a risk to the life or safety of a relevant child.
The duty under
subsection (1)
does not apply to a person in the initial 7-day
period if (and for so long as) they reasonably believe that another person will
make a notification under
this section
in connection with the suspected offence
in that period.
The duty under subsection (1) does not apply to a person (P) if—
another person informs P that they have made a notification under this section in connection with the suspected offence, and
P reasonably believes that the notification has been made.
In
subsections (6)
and
(7)
, references to another person making, or having
made, a notification include that person making or having made it on behalf
of the person mentioned in
subsection (1)
.
The duty under subsection (1) is also subject to—
section 75 (exception for certain consensual activities between children);
section 76
(exception relating to commission of offence under section
14 of the Sexual Offences Act 2003 by a child in certain circumstances);
section 77 (exception in respect of certain disclosures by children);
section 78 (exception for persons providing specified services).
A disclosure made in a notification under this section does not breach—
any obligation of confidence owed by the person making the disclosure,
or
any other restriction on the disclosure of information.
In this section —
“the initial 7-day period” means the period of 7 days beginning when
the person mentioned in
subsection (1)
is given reason to suspect that
a child sex offence may have been committed;
a reference to a person involved in a suspected offence includes, where
the suspected offence is under—
section 160
of the
Criminal Justice Act 1988
(possession of
indecent photograph of child),
any person shown in the photograph or pseudo-photograph concerned (other than an imaginary person);
“relevant local authority” and “relevant police force” have the meaning
given by
section 73
.
In this Chapter—
“
child” means a person aged under 18 (and related expressions are to
be construed accordingly);
“
child sex offence” means an offence specified in
Part 1
of
Schedule 8
;
“
relevant activity” means—
a regulated activity relating to children within the meaning of
Part 1
of
Schedule 4
to the
Safeguarding Vulnerable Groups
Act 2006
, or
an activity specified in Part 2 of Schedule 8 ;
“
relevant child” means a child involved in the suspected offence other
than any child who is the suspected offender.
This Chapter applies to persons in the service of the Crown.
This section applies for the purposes of section 72 .
“Relevant local authority” means—
if a relevant child resides in England or Wales, the local authority in
whose area the child is believed to reside, or
if the person making the notification does not know the local authority
area in which any relevant child resides, such local authority as the
person making the notification considers appropriate.
“Relevant police force” means—
if a person believed to be involved in the suspected offence resides in
England and Wales, the police force for the area in which the person
is believed to reside, or
if the person making the notification—
does not know the police area in which any person believed
to be involved in the suspected offence resides, or
believes that each person believed to be involved in the
suspected offence resides outside England and Wales,
such police force in England and Wales as the person making the notification considers appropriate.
In this section “local authority” has the same meaning as in the Children Act
2004 (see section 65).
Section 72
(11)
(b)
(references to “involved in the suspected offence”) applies
for the purposes of this section.
For the purposes of section
72
, a person (P) is given reason to suspect that a
child sex offence may have been committed in each of the following cases
(and no others).
The first case is where P witnesses conduct constituting a child sex offence.
The second case is where a child communicates to P something which would
cause a reasonable person who engages in the same relevant activity as P to
suspect that a child sex offence may have been committed.
The third case is where a person (A) communicates to P something which
would cause a reasonable person who engages in the same relevant activity
as P to suspect that A may have committed a child sex offence.
The fourth case is where—
P sees an image or hears an audio recording, and
a reasonable person who engages in the same relevant activity as P
would suspect that the image shows, or the audio recording is of,
conduct constituting a child sex offence.
The fifth case is where P sees an image, and a reasonable person who engages
in the same relevant activity as P would suspect that possession of the image
may constitute a child sex offence.
In this section “image” means a still or moving image, produced by any
means.
The duty under section
72
does not apply to a person if the following four
conditions are met.
The first condition is that the child sex offence that the person is given reason
to suspect may have been committed (“the suspected offence”) is—
an offence under section 13 of the Sexual Offences Act 2003 (child sex
offences committed by children or young persons), or
an offence under section 1(1)(a), (b) or (c) of the Protection of Children
Act 1978 or section 160 of the Criminal Justice Act 1988, relating to
an indecent photograph of a child.
The second condition is that the person reasonably believes that—
each person involved in the suspected offence was a child aged 13 or
over, and
The third condition is that the person is satisfied that—
each person involved in the suspected offence (other than the suspected
offender) consented to the conduct constituting the suspected offence,
and
where the suspected offence is under section 1(1)(b) or (c) of the
Protection of Children Act 1978 or section 160 of the Criminal Justice
Act 1988, the person shown in the indecent photograph concerned
consented to—
the taking of the photograph, and
the conduct constituting the suspected offence.
The fourth condition is that the person is satisfied that it would not be
appropriate in the circumstances to make a notification under section
72
, having regard (among other things) to the risk of harm to each person
mentioned in
subsection (3)
(a)
and (if relevant)
(b)
.
For the purposes of the third condition, a person consents if the person agrees
by choice, and has the freedom and capacity to make that choice.
In this section “indecent photograph” has the same meaning as in the
Protection of Children Act 1978 (see section 7 of that Act).
The duty under section
72
does not apply to a person if the following four
conditions are met.
The first condition is that the child sex offence that the person is given reason
to suspect may have been committed (“the suspected offence”) is an offence
under section 14 of the Sexual Offences Act 2003 (arranging or facilitating
child sex offence).
The second condition is that the person reasonably believes that—
each person involved in the suspected offence was a child aged 13 or
over, and
each person whom (as regards the suspected offence) the suspected
offender intended to be, or believed would be, involved in the offence
mentioned in section 14(1)(b) of the Sexual Offences Act 2003 (“the
arranged or facilitated offence”) was a child aged 13 or over.
The third condition is that the person is satisfied that—
each person (if any) involved in the suspected offence (other than the
suspected offender) consented to the conduct constituting it, and
the suspected offender reasonably believed that each person whom
the suspected offender intended to be, or believed would be, involved
in the arranged or facilitated offence would consent to the conduct
constituting it.
The fourth condition is that the person is satisfied that it would not be
appropriate in the circumstances to make a notification under section
72
, having regard (among other things) to the risk of harm to each person—
involved in the suspected offence, or
whom the suspected offender intended to be, or believed would be,
involved in the arranged or facilitated offence.
For the purposes of the third condition, a child consents if the child agrees
by choice, and has the freedom and capacity to make that choice.
The duty under section 72 does not apply to a person (P) if—
P reasonably believes that—
A is a child, and
each other person involved in the suspected offence is a child
aged 13 or over.
Section 72
(11)
(b)
(references to “involved in the suspected offence”) applies
for the purposes of this section.
The Secretary of State may by regulations provide that the duty under section
72
does not apply in relation to a person providing a specified service or a
specified description of service.
“Specified” here means specified in the regulations.
A service or description of service may be specified only if the Secretary of
State is satisfied that—
the service relates to the safety or well-being of children, and
it is in the interests of children for the service to be provided on a
confidential basis.
A person commits an offence if they—
know that a person is under a duty under section 72 , and
engage in any conduct with the intention of preventing or deterring
that person from complying with that duty.
It is a defence for a person charged with an offence under this section to
show that the conduct alleged to constitute the offence consisted only of
making representations about the timing of a notification under section
72
in
light of the best interests of any person whom they reasonably believe to be
a relevant child.
A person is taken to show the fact mentioned in subsection (2) if—
sufficient evidence of the fact is adduced to raise an issue with respect
to it, and
the contrary is not proved beyond reasonable doubt.
A person who commits an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding
the general limit in a magistrates’ court or a fine (or both);
on conviction on indictment, to imprisonment for a term not exceeding
7 years or a fine (or both).
A constable who is under a duty under section
72
is to be treated as having
complied with the duty if the constable records, in accordance with applicable
policy and procedure, the matters that gave the constable reason to suspect
that a child sex offence may have been committed (for the purposes of section
72
).
In this section—
“
applicable policy and procedure” means the policy and procedure
relating to the recording of criminal offences of the police force of
which the constable mentioned in
subsection (1)
is a member;
“
police force” includes—
the British Transport Police Force, and
the Ministry of Defence police.
The Secretary of State may by regulations amend—
section
72
so as to change the person or persons to whom a notification
under that section is to be made;
this Chapter so as to add or change an exception to the duty under
section
72
;
Schedule 8 (child sex offences, and further relevant activities).
The regulations may make consequential amendments of this Chapter.
In Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (barred lists), failing to comply with the duty under
section 72
of the Crime
in paragraph 4(1) (relevant conduct for purposes of paragraph 3) after
paragraph (e) insert—
“(f)
and Policing Act 2025 (duty to report suspected child sex
offence).”
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
“section 79
(preventing or deterring a person from complying with
duty to report suspected child sex offence)”.
section 45 does not apply), in
paragraph 36D
(offences under the Crime and
Policing Act 2025) (inserted by
section 40
), after the entry for
section 65
(inserted by
section 68
), insert—
The Limitation Act 1980 is amended as follows.
“11ZA Actions in respect of personal injuries attributable to child sexual
abuse(1)
None of the time limits given in the preceding provisions of this Act
apply to an action to which this section applies.(2)
This section applies to any action for damages for negligence, nuisance
or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision) which meets conditions 1 to 3.(3)
Condition 1 is that the damages claimed by the claimant consist of or
include damages in respect of personal injuries to the claimant.(4)
Condition 2 is that the claimant was under 18 on the date on which
the cause of action accrued.(5)
Condition 3 is that the act or omission to which the claimant’s personal
injuries were attributable constituted sexual abuse.(6)
This section applies in relation to actions brought, and causes of action
accrued, before (as well as after) this section comes into force.(7)
But it does not apply in relation to a claim which, before this section
comes into force, was settled by agreement between the parties or determined by a court (whether or not the determination is subject to appeal).(8)
This section does not apply to any action brought for damages under
section 3 of the Protection from Harassment Act 1997.(9)
This section does not apply to a cause of action surviving for the
benefit of a person’s estate by virtue of section 1 of the Law Reform (Miscellaneous Provisions) Act 1934, except where an action was brought by the person before the person’s death.11ZB Dismissal of actions in respect of personal injuries attributable to
child sexual abuse(1)
This section applies where an action to which section 11ZA applies is
brought after the expiration of the time limit that would apply but for that section (disregarding the possibility of the time limit being disapplied under section 33).(2)
The court must dismiss the action if the defendant satisfies the court
that it is not possible for a fair hearing to take place.(3)
The court must also dismiss the action if—
(a)
the action was begun, or the cause of action accrued, before
section 11ZA came into force,(b)
the defendant satisfies the court that, because of the application
of section 11ZA , there would be substantial prejudice to the defendant if the action were to proceed, and(c)
having regard to that prejudice, and the prejudice to the
claimant if the action is dismissed, the court is satisfied that it would not be equitable to allow the action to proceed.(4)
In this section “the court” means the court in which the action has
been brought.”
In section 12 (special time limit for actions under Fatal Accidents legislation) An action under the Fatal Accidents Act 1976 may not be brought if— section
11ZA
would have applied to an action by the person the death occurred after the expiration of the time limit that
after subsection (1) insert—
“(1A)
(a)
injured to recover damages in respect of the injury, and
(b)
would have applied but for that section (disregarding the
possibility of that time limit being overridden under section
33).”
In section 14B(1) (overriding time limit for negligence actions) after “section
11” insert “or
11ZA
”.
The Secretary of State may from time to time—
issue guidance to chief officers about the disclosure of police
information for the purpose of preventing the commission of relevant
sexual offences;
revise any guidance issued under this section.
A chief officer must have regard to any guidance issued under this section.
Before issuing or revising guidance under this section, the Secretary of State
must consult—
the National Police Chiefs' Council, and
such other persons as the Secretary of State considers appropriate.
Subsection (4)
does not apply to revisions if the Secretary of State considers
that they are not substantial.
The Secretary of State must publish any guidance or revisions issued under
this section.
In this section—
“
chief officer” means—
the chief officer of police of a police force maintained by a local
policing body,
the Chief Constable of the British Transport Police Force, or
the chief constable of the Ministry of Defence Police;
“
police information” means, in relation to a chief officer, information
held by the police force in question;
“
relevant sexual offence” means an offence listed in Schedule 3 to the
Sexual Offences Act 2003.
In construing the reference in
subsection (7)
to an offence listed in Schedule
3 to the Sexual Offences Act 2003, disregard any condition subject to which
an offence is so listed that relates to—
the way in which the defendant is dealt with in respect of the offence
or a relevant finding (as defined by section 132(9) of that Act), or
the age of any person.
Schedule 9
makes provision in connection with offences relating to intimate
photographs or films and voyeurism.
In the
Sexual Offences Act 2003
, in
section 66
(exposure), for
subsection (1)
substitute— A person (A) who intentionally exposes A’s genitals commits an A intends that someone will see the genitals and be caused A exposes the genitals for the purpose of obtaining sexual with the intention that someone will see them, and being reckless as to whether someone who sees them But where A intends only that a particular person, or particular
“(1)
offence if—
(a)
alarm, distress or humiliation, or
(b)
gratification and does so—
(i)
(ii)
will be caused alarm, distress or humiliation.
(1A)
persons, will see A’s genitals, A does not commit an offence by virtue
of
paragraph (b)
of
subsection (1)
unless A is reckless as to whether
that person, or at least one of those persons, will be caused alarm,
distress or humiliation.”
“70 Sexual activity with a corpse
(1)
A person commits an offence if—
(a)
the person intentionally performs an act of touching (with a
part of their body or anything else),(b)
what is touched is a part of the body of a dead person,
(c)
the person knows that, or is reckless as to whether, that is what
is touched, and(d)
the touching is sexual.
(2)
A person who commits an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not
exceeding the general limit in a magistrates’ court or a fine (or both);(b)
on conviction on indictment, to imprisonment for a term not
exceeding—(i)
if the touching involved penetration of a part of the
body mentioned in subsection (1) (b) , 7 years;(ii)
otherwise, 5 years.”
In consequence of the amendment made by
subsection (1)
, in the following
provisions for “sexual penetration of” substitute “sexual activity with”—
paragraph 152 of Schedule 15 to the Criminal Justice Act 2003;
paragraph 35 of Schedule 3 to the Sexual Offences Act 2003;
paragraph 33 of Schedule 4 to the Modern Slavery Act 2015;
paragraph 38(ba) of Schedule 18 to the Sentencing Code.
After section 83 of the
Sexual Offences Act 2003
insert— A relevant offender must notify a new name to the police— no less than 7 days before using it, or if that is not reasonably practicable, but it is reasonably Where it is not reasonably practicable for the offender to notify a new as soon as reasonably practicable after using the name, and in any event within the period of 3 days beginning with their A notification under subsection
(1)
must specify the date on which Subsection
(5)
applies where— a notification is given under subsection
(1)
, and the name to which it relates is used more than 2 days before Where this subsection applies the relevant offender must notify the as soon as reasonably practicable after using the name, and in any event within the period of 3 days beginning with their Subsection
(7)
applies where— a notification is given under subsection
(1)
, and the name to which it relates has not been used by the end of Where this subsection applies— In this section, a name is “new” unless it has been notified to the police
“83A
Notification requirements: name changes
(1)
(a)
(b)
practicable for the offender to notify the name to the police
before using it, as far in advance of their using it as is
reasonably practicable.
(2)
name to the police before using it, the offender must notify the name
to the police—
(a)
(b)
using it.
(3)
the offender expects to use the name.
(4)
(a)
(b)
the date specified in the notification.
(5)
name to the police—
(a)
(b)
using it.
(6)
(a)
(b)
the period of 3 days beginning with the date specified in the
notification.
(7)
(8)
(9)
(10)
under section 83(1), this section,
section 84
, or
section 2
of the
Sex
Offenders Act 1997
.”
“85ZA Notification requirements: absence from notified residence (England,
Wales and Scotland)(1)
This section applies to a relevant offender at any time if the last home
address notified by the offender under section 83(1), 83A , 84(1) or 85(1) was an address in England, Wales or Scotland such as is mentioned in section 83(7)(a) (sole or main residence).(2)
If the relevant offender intends to be absent from that home address
for a period of more than 5 days (“the relevant period”), the relevant offender must, not less than 12 hours before leaving that home address, notify to the police the information set out in subsection (3) .(3)
The information is—
(a)
the date on which the relevant offender will leave that home
address;(b)
such details as the relevant offender holds about—
(i)
their travel arrangements during the relevant period;
(ii)
their accommodation arrangements during that period;
(iii)
their date of return to that home address.
(4)
In this section—
“
accommodation arrangements” include, in particular, the address
of any accommodation at which the relevant offender will spend the night during the relevant period and the nature of that accommodation;“
travel arrangements” include, in particular, details of the means
of transport to be used and the dates of travel.(5)
Where—
(a)
a relevant offender has given a notification under subsection (2) , and
(b)
at any time not less than 12 hours before the offender leaves
their home address, the information notified becomes inaccurate or incomplete,the relevant offender must give a further notification under subsection (2) .
(6)
Where a relevant offender—
(a)
has notified a date of return to their home address, but
(b)
returns to their home address on a date other than that notified,
the relevant offender must notify the date of their actual return to the police within 3 days of their actual return.
(7)
Nothing in this section requires an offender to notify any information
which falls to be notified in accordance with a requirement imposed by regulations under section 86.(8)
The appropriate authority may by regulations amend subsection (2) so as to change the duration of the relevant period, provided that the relevant period is at least 5 days.
(9)
In subsection (8) the “appropriate authority” means—
(a)
in relation to a relevant offender whose last home address
notified under section 83(1), 83A , 84(1) or 85(1) was an address in England or Wales such as is mentioned in section 83(7)(a), the Secretary of State;(b)
in relation to a relevant offender whose last home address
notified under section 83(1), 83A , 84(1) or 85(1) was an address in Scotland such as is mentioned in section 83(7)(a), the Scottish Ministers.”
In
section 85A
of the Sexual Offences Act 2003 (notification requirements: The Department of Justice in Northern Ireland may by regulations
absence from notified residence (Northern Ireland)), after
subsection (7)
insert—
“(7A)
amend subsection (2) so as to change the duration of the relevant
period, provided that the relevant period is at least 3 days.”
After
section 86
of the Sexual Offences Act 2003 insert— A relevant offender is subject to the requirements in section
86B
if— the offender is a child sex offender, or a chief officer of police has given the offender a notice stating A chief officer of police may give a relevant offender a notice under is the chief officer of police for the offender’s relevant police is satisfied that it is necessary to give the notice for the purpose “Child sex offender” means a person who— has been found not guilty of such an offence by reason of has been found to be under a disability and to have done the in England or Wales or Northern Ireland, has been cautioned An offence is a child sex offence if it is within any of the following paragraphs 2 to 6, 9 to 16, 19 (where the offence is under paragraphs 38B, 39B, 41A, 42, 44 (where it applies by virtue of paragraphs 64, 65, 69 to 72, 75 to 79, 82 to 85, 87 to 89C, 92D paragraph 93 or 93A (service offences), where the corresponding An offence is a child sex offence if— it is within paragraph 35A, 44A or 92A of Schedule 3 and the it is within paragraph 93 or 93A of Schedule 3 (service offences) References in this section to an offence being within a paragraph of
“ A section
86B
relevant offender must notify the required information “The required information” means— the address of the premises, the date on which the offender is to enter the premises, and such other information as the appropriate authority may specify “Qualifying premises” means premises of a kind specified in The appropriate authority may by regulations provide for Subsection
(6)
applies where— a notification is given under subsection
(1)
, and the offender has not entered the premises by the end of the Where this subsection applies— subsection
(1)
applies as if the notification had not been given, the relevant offender must, within the period of 6 days In this section the “appropriate authority” means— in relation to an offender whose relevant police area is a police in relation to an offender whose relevant police area is Scotland, in relation to an offender whose relevant police area is Northern In this section the “review date” means— the end of the period of 12 months beginning with the day on the end of each successive period of 12 months. The offender may, within the period of one month ending with each The appropriate chief officer must, before the start of the period As soon as reasonably practicable after each review date, the consider any representations made under subsection
(3)
about decide whether to cancel the notice, and give notice of the decision (a “decision notice”) to the offender. In this section the “appropriate chief officer”, in relation to an offender A section
86B
relevant offender may appeal to the appropriate court to give the offender a section
86A
notice; not to cancel a section
86A
notice which has been given to the An appeal under this section may be made by complaint (or, in confirm the decision, or remit the decision for reconsideration by the person who made In this section the “appropriate court” means— in relation to an appeal against a decision of a chief officer of in relation to an appeal against a decision of the chief constable in relation to an appeal against a decision of the Chief
“86A
Notification requirements: persons required to notify if entering
premises at which children present
(1)
(a)
(b)
that the offender is subject to the requirements in section
86B
, and the notice has not been cancelled.
(2)
subsection
(1)
(b)
if, when the notice is given, the chief officer—
(a)
area, and
(b)
of protecting children generally, or particular children, from
sexual harm from the offender.
(3)
(4)
(b)
insanity,
(c)
act charged against the person in respect of such an offence,
or
(d)
in respect of such an offence.
(5)
paragraphs of Schedule 3—
(a)
section 5 or 6 of this Act), 20 to 26, 28A to 29C, or 35B to 35E
(England and Wales);
(b)
paragraph 44(a)), 45, 46, 49 to 55, 57, 59A to 59C, 59O to 59ZK
or 59ZM (Scotland);
(c)
(where the offence is under Article 12 or 13 of the Sexual
Offences (Northern Ireland) Order 2008), 92E to 92O, or 92X
to 92Z (Northern Ireland);
(d)
offence is within paragraph
(a)
.
(6)
(a)
extreme pornographic image to which the offence related was
an image of a person under 18,
(b)
and the corresponding offence is within paragraph (a), or
(7)
Schedule 3 are to be read with paragraphs 94 to 98 of that Schedule.
(8)
section
86B
relevant offender” means a relevant offender who
is subject to the requirements in that section.
86B
Notification requirements: entering premises at which children are
present
(1)
to the police no less than 12 hours before entering qualifying premises
at which children are present.
(2)
(a)
(b)
(c)
in regulations.
(3)
regulations made by the appropriate authority.
(4)
circumstances in which an offender who has given a notification under
subsection
(1)
is not required to give a further notification in relation
to the same premises or children.
(5)
(a)
(b)
date specified in the notification.
(6)
(a)
and
(b)
beginning with the date specified in the notification, notify to
the police that the offender did not enter the premises on that
date.
(7)
(8)
(a)
area in England and Wales, the Secretary of State;
(b)
the Scottish Ministers;
(c)
Ireland, the Department of Justice in Northern Ireland.
86C
Periodic reviews of section
86A
notices
(1)
(2)
(a)
which the notice was given to the offender, and
(b)
(3)
review date, make representations to the appropriate chief officer
about the notice.
(4)
mentioned in subsection
(3)
, notify the offender of their right to make
representations under that subsection.
(5)
appropriate chief officer must—
(a)
the notice,
(b)
(c)
(6)
(7)
(8)
at any time, means the chief officer of police for the offender’s relevant
police area at that time.
86D
Appeals in relation to section
86A
notices
(1)
against a decision—
(a)
(b)
offender (see
section 86C
).
(2)
Scotland, by application) to the appropriate court within the period
of 21 days beginning with—
(a)
(3)
(4)
(a)
(b)
it with such directions (if any) as the court considers
appropriate.
(5)
(a)
police for a police area in England or Wales, any magistrates’
court in a local justice area which includes any part of the
officer’s police area;
(b)
of the Police Service of Scotland, a sheriff court;
(c)
Constable of the Police Service of Northern Ireland, a court of
summary jurisdiction.”
Section 87 of the Sexual Offences Act 2003 (method of notification and related
matters) is amended as follows.
“(a)
attending at the police station in the person’s relevant police
area that is for the time being specified in a document published for that relevant police area under this section, or if there is more than one such police station, at any one of them, and”.
“(2A)
The chief officer of police for each police area must publish, in such
manner as the chief officer thinks fit, a document containing the name and address of each police station in that area at which a person may give a notification of the kind mentioned in subsection (1).(2B)
A chief officer of police must keep under review a document published
by the chief officer under this section and may from time to time publish a revised version of the document in such manner as the chief officer thinks fit.”
After section 87 of the Sexual Offences Act 2003 insert— A person (“P”) may give a notification under section
83A
, 84, 85(1),
85ZA
, 85A(2) or (6) or
86B
virtually if— conditions 1 to 3 are met, and any further conditions specified by the appropriate authority Condition 1 is that— a senior police officer has given P a notice authorising P to the notice has not been cancelled. A senior police officer— must do so if not satisfied as mentioned in subsection
(3)
. “Senior police officer” means a constable of at least the rank of Condition 2 is that the notification does not relate to a matter specified Condition 3 is that the notification is given to a person who is A notification is given virtually if it is given by a means which enables A notification given in accordance with this section must be Nothing in this section prevents P giving a notification in accordance In this section the “appropriate authority” means— in relation to a person whose relevant police area is a police in relation to a person whose relevant police area is Scotland, in relation to a person whose relevant police area is Northern Where a person (“P”) gives a notification in accordance with section
87A
P must, if requested to do so by the person to whom it is given— attend at a relevant police station, and Where the police station at which P attends is in England, Wales or take P’s fingerprints, photograph any part of P, or do both of those things. Where the police station at which P attends is in Scotland, the do one or more of the things mentioned in section 87(5A)(a) give each passport P has to a relevant person for inspection do both of those things. In this section— “relevant police station” means a police station at which P may “relevant person” means a person at that police station to whom
“87A
Alternative method of notification
(1)
(a)
(b)
in regulations are met.
(2)
(a)
give notifications of the kind mentioned in subsection
(1)
virtually, and
(b)
(3)
(4)
(b)
(5)
inspector who is authorised to give notices under this section by the
chief officer of police for P’s relevant police area at the time the notice
is given.
(6)
by the appropriate authority in regulations.
(7)
authorised to receive virtual notifications by the chief officer of police
for P’s relevant police area at the time the notification is given.
(8)
P and the person receiving the notification to see and hear each other
without being together in the same place.
(9)
(10)
acknowledged in writing, in such form as the appropriate authority
may direct.
(11)
with section 87(1).
(12)
(a)
area in England or Wales, the Secretary of State;
(b)
the Scottish Ministers;
(c)
Ireland, the Department of Justice in Northern Ireland.
87B
Alternative method of notification: further requirements
(1)
(a)
(2)
Northern Ireland, the requirements are that P must allow a relevant
person to—
(a)
(b)
(c)
(3)
requirements are that P must—
(a)
to (d),
(b)
by that person, or
(c)
(4)
(a)
give a notification in accordance with section 87(1);
(b)
P may give such a notification.”
The Sexual Offences Act 2003 is amended as follows.
In section 91A (review of indefinite notification requirements: qualifying The relevant chief officer of police may, without an application for
relevant offender) after subsection (1) insert—
“(1A)
review having been made, consider whether a qualifying relevant
offender should remain subject to the indefinite notification
requirements (referred to in sections 91A to 91F as an “own motion
review”).”
“91EA Review of indefinite notification requirements: own motion review
(1)
The relevant chief officer of police may begin an own motion review
on, or at any time after, the qualifying date.(2)
The “qualifying date” has the same meaning in this section as in section
91B.(3)
The relevant chief officer of police begins an own motion review by
notifying the qualifying relevant offender that the relevant chief officer of police is considering whether the qualifying relevant offender should remain subject to the indefinite notification requirements.(4)
The notification must inform the qualifying relevant offender of their
right to make representations under subsection (5) .(5)
The qualifying relevant offender may make representations to the
relevant chief officer of police within 35 days of receipt of the notification.(6)
The relevant chief officer of police may within 7 days of beginning an
own motion review notify a responsible body that they are beginning an own motion review.(7)
If the responsible body holds information which it considers to be
relevant to the review, it must give the information to the relevant chief officer of police within 28 days of receipt of the notification.91EB Review of indefinite notification requirements: determination of own
motion review(1)
On an own motion review the relevant chief officer of police must,
within 6 weeks of the date mentioned in subsection (2) —(a)
determine whether the qualifying relevant offender should
remain subject to the indefinite notification requirements, and(b)
give notice of the determination to the qualifying relevant
offender.(2)
(3)
The relevant chief officer of police may determine that the qualifying
relevant offender should not remain subject to the indefinite notification requirements only if satisfied that it is not necessary, for the purpose of protecting the public or any particular members of the public from sexual harm, for the qualifying relevant offender to remain subject to the indefinite notification requirements.(4)
If the relevant chief officer of police determines that the qualifying
relevant offender should not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of receipt of the notice of determination.(5)
If the relevant chief officer of police determines that the qualifying
relevant offender should remain subject to the indefinite notification requirements, the notice of determination must—(a)
contain a statement of reasons for the determination, and
(b)
inform the qualifying relevant offender that they may appeal
the determination in accordance with section 91ED .(6)
The Secretary of State may by regulations amend the period in
subsection (1) .91EC Review of indefinite notification requirements: factors applying to
determination under section 91EBIn determining an own motion review under section 91EB , the relevant chief officer of police must—
(a)
have regard to the representations (if any) made by the
qualifying relevant offender,(b)
have regard to the information (if any) received from a
responsible body,(c)
consider the risk of sexual harm posed by the qualifying
relevant offender and the effect of a continuation of the indefinite notification requirements on the offender, and(d)
take into account the matters listed in section 91D(2).
91ED Review of indefinite notification requirements: appeals against
determinations under section 91EB(1)
(2)
An appeal under this section may be made by complaint to a
magistrates’ court within the period of 21 days beginning with the day of receipt of the notice of determination.(3)
A qualifying relevant offender may appeal under this section to any
magistrates’ court in a local justice area which includes any part of the police area for which the chief officer is the relevant chief officer of police.(4)
If the court makes an order that a qualifying relevant offender should
not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of the order.”
“91G Discharge from indefinite notification requirements in Scotland or
Northern IrelandA relevant offender who is discharged from the notification requirements of this Part under—
(a)
sections 88A to 88H (discharge from indefinite notification
requirements in Scotland), or(b)
Schedule 3A (discharge from indefinite notification requirements
in Northern Ireland),is, by virtue of the discharge, also discharged from the notification requirements of this Part as they apply in England and Wales.”
In
Schedule 3A
to the
Sexual Offences Act 2003
(discharge from indefinite
notification requirements in Northern Ireland) after paragraph 6 insert— The Chief Constable may, without an application having been made The Chief Constable may begin an own motion review at any time Sub-paragraph (1) does not apply at any time when— the offender is also subject to a sexual offences prevention the offender is also subject to the notification requirements The Chief Constable begins an own motion review by serving notice The notice must inform the offender of their right to make The offender may make representations to the Chief Constable The Chief Constable may, before determining an own motion review, On an own motion review the Chief Constable must discharge the that the offender poses a risk of sexual harm, and that the risk is such as to justify the notification requirements In deciding whether that is the case, the Chief Constable must— have regard to the representations (if any) made by the take into account the matters listed in paragraph 3(2). The functions of the Chief Constable under this paragraph may not The Chief Constable must, within 12 weeks of the date mentioned If the Chief Constable discharges the notification requirements— the Chief Constable must serve notice of that fact on the the offender ceases to be subject to the notification If the Chief Constable decides not to discharge the notification the Chief Constable must serve notice of that decision on the notice must— state the reasons for the decision; and state the effect of paragraphs
6D
and 6. The Department of Justice may by regulations amend the period in Where—
the offender may apply to the Crown Court for an order discharging
the offender from the notification requirements.
An application under this paragraph must be made within the Paragraph
6B
applies in relation to an application under this The Chief Constable and the offender may appear or be represented If on an application under this paragraph the Crown Court makes If on an application under this paragraph the Crown Court refuses
“Own motion review: powers of Chief Constable
6A
(1)
by the offender, consider whether to discharge the offender from
the notification requirements (referred to in this Schedule as an
“own motion review”).
(2)
after the end of the initial review period (within the meaning of
paragraph 2).
(3)
(a)
order or an interim sexual offences prevention order; or
(b)
for a fixed period which has not expired.
(4)
on the offender that the Chief Constable is considering whether to
discharge the offender from the notification requirements.
(5)
representations under sub-paragraph
(6)
.
(6)
within 35 days of the date of service of the notice.
(7)
request information from any body or person which the Chief
Constable considers appropriate.
Own motion review: determination
6B
(1)
notification requirements unless the Chief Constable is satisfied—
(a)
(b)
continuing in the interests of the prevention or investigation
of crime or the protection of the public.
(2)
(a)
offender,
(c)
(3)
be delegated by the Chief Constable except to a police officer not
below the rank of superintendent.
Own motion review: notice of decision
6C
(1)
in sub-paragraph
(2)
, comply with this paragraph.
(2)
(3)
(a)
offender, and
(b)
requirements on the date of service of the notice.
(4)
requirements—
(a)
the offender; and
(b)
(i)
(ii)
(5)
sub-paragraph
(1)
.
Own motion review: application to Crown Court
6D
(1)
(a)
(2)
period of 21 days beginning—
(a)
(3)
paragraph as it applies to an own motion review, but as if references
to the Chief Constable were references to the Crown Court.
(4)
at any hearing in respect of an application under this paragraph.
(5)
an order discharging the offender from the notification requirements,
the appropriate officer of the Crown Court must send a copy of the
order to the offender and the Chief Constable.
(6)
to make an order discharging the offender, the appropriate officer
of the Crown Court must send notice of that refusal to the offender
and the Chief Constable.”
“Applications for replacement identity documents in new name
93A Offenders requiring authorisation before applying for certain identity
documents in new name(1)
(2)
A chief officer of police may give an offender a notice under subsection (1) only if, when the notice is given, the chief officer—
(a)
is the chief officer of police for the offender’s relevant police
area, and(b)
is satisfied that it is necessary to give the notice for the purpose
of—(i)
protecting the public or any particular members of the
public from sexual harm from the offender, or(ii)
protecting children or vulnerable adults generally, or
any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.(3)
(4)
the “appropriate authority”means—
(a)
in relation to an offender whose relevant police area is
in England and Wales, the Secretary of State;(b)
in relation to an offender whose relevant police area is
Scotland, the Scottish Ministers;(c)
in relation to an offender whose relevant police area is
Northern Ireland, the Department of Justice in Northern Ireland;the “appropriate chief officer”, in relation to an offender at any time, means the chief officer of police for the offender’s relevant police area at that time;
93B Requirement for authorisation before applying for replacement
identity documents in new name(1)
(2)
For the purposes of subsection (1) an offender’s name is “new”, in
relation to an identity document of a particular type, if the identity document of that type most recently issued to the offender was not in that name.(3)
A person who fails, without reasonable excuse, to comply with
subsection (1) commits an offence.(4)
A person who commits an offence under subsection (3) is liable—
(a)
on summary conviction in England and Wales, to imprisonment
for a term not exceeding the general limit in a magistrates’ court or a fine (or both);(b)
on summary conviction in Scotland, to imprisonment for a
term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);(c)
on summary conviction in Northern Ireland, to imprisonment
for a term not exceeding six months or a fine not exceeding the statutory maximum (or both);(d)
on conviction on indictment, to imprisonment for a term not
exceeding 5 years or a fine (or both).(5)
For the purposes of this section and section 93C —
(a)
“identity document” means a document falling within
subsection (6) ;(b)
an identity document is of the same type as another identity
document if both documents fall within the same paragraph of subsection (6) (or, in the case of an identity document within subsection (6) (d) , if the document is a document of the same kind as a kind of document specified in regulations).(6)
A document falls within this subsection if it is—
(a)
an immigration document (within the meaning given by section
7 (2) of the Identity Documents Act 2010 );(b)
a United Kingdom passport (within the meaning of the Immigration Act 1971 );
(c)
a licence to drive a motor vehicle granted under Part 3 of the
Road Traffic 1988 or under Part 2 of the Road Traffic (Northern
Ireland) Order 1981 (S.I. 1981/154 (N.I. 1));(d)
a document of a kind specified in regulations made by the
appropriate authority for the purposes of this section.(7)
93C Authorisation to apply for replacement identity documents in new
name(1)
A section 93B relevant offender who holds, or has held, an identity
document of a particular type may apply to the appropriate chief officer for authorisation to apply for an identity document of that type to be issued to the offender in a new name.(2)
The application must—
(a)
be in writing,
(b)
specify the type of identity document that is being applied for
and the name in which it is to be issued, and(c)
include such other information, or be accompanied by such
documents, as the appropriate authority may specify in regulations.(3)
The appropriate chief officer must, within four weeks of receiving the
application—(a)
decide whether to grant or refuse authorisation, and
(b)
give notice of the decision (a “decision notice”) to the applicant.
(4)
In deciding whether to grant or refuse authorisation, the officer must
have regard to any guidance issued under section 93H .(5)
The officer may grant authorisation only if conditions 1 and 2 are met.
(6)
Condition 1 is that the officer is satisfied that—
(a)
the offender is using the new name for reasons connected
with—(i)
the offender’s marriage to, or civil partnership with,
another person, or(ii)
the offender’s religion or belief,
(b)
any conditions specified in regulations made by the appropriate
authority for the purposes of this section are met, or(c)
there are exceptional circumstances that justify granting
authorisation.(7)
Condition 2 is that the officer does not consider it necessary to refuse
authorisation for the purpose of—(a)
protecting the public or any particular members of the public
from sexual harm from the offender, or(b)
protecting children or vulnerable adults generally, or any
particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.(8)
If the officer refuses authorisation—
(a)
the decision notice must contain a statement of reasons for the
decision and indicate that an appeal may be made under section 93G against the decision, and(b)
a further application under subsection (1) may not be made in
relation to an identity document of the same type before the end of the period of one year beginning with the date on which the decision notice is given.(9)
Before making regulations under this section, an appropriate authority
must consult each other appropriate authority.(10)
In subsection (6) —
(a)
“religion” means any religion;
(b)
a reference to religion includes a reference to a lack of religion;
(c)
“belief” means any religious or philosophical belief;
(d)
a reference to belief includes a reference to a lack of belief.
93D Authorisations granted under section 93C
(1)
(2)
But the appropriate chief officer may cancel the authorisation before
the end of that period by giving notice to the offender.(3)
(4)
93E Young offenders: parental notices
(1)
Where a section 93B relevant offender is under 18, the appropriate
chief officer may give written notice (a “parental notice”) to a person with parental responsibility for (or, in Scotland, parental responsibilities in relation to) the offender.(2)
If a parental notice has been given to a person by a chief officer of
police and it has not expired, sections 93B (1) and 93C (1) have effect as if after “particular type” (in both places) there were inserted “, or a person with parental responsibility for (or, in Scotland, parental responsibilities in relation to) such an offender who has been given a notice under section 93E ,”.(3)
A parental notice expires when the offender reaches the age of 18.
(4)
93F Periodic reviews of section 93A notices
(1)
As soon as reasonably practicable after each review date, the
appropriate chief officer must review a section 93A notice with a view to determining whether it should be cancelled.(2)
The “review date”, in relation to a section 93A notice, is—
(a)
the end of the period of 12 months beginning with the date on
which the notice is given, and(b)
the end of each successive period of 12 months.
(3)
In carrying out their review, the appropriate chief officer must consider
any representations made during the consultation period by the offender to whom the notice was given.(4)
Before the start of the consultation period, the appropriate chief officer
must notify the offender of their right to make representations during that period.(5)
(6)
After completing their review, the appropriate chief officer must—
(a)
decide whether to cancel the section 93A notice, and
(b)
give notice of the decision (a “decision notice”) to the offender.
(7)
(8)
93G Appeals
(1)
A person (“P”) may appeal to the appropriate court against a decision—
(a)
to give P a section 93A notice;
(b)
to refuse P authorisation under section 93C ;
(d)
to give P a notice under section 93E ;
(2)
An appeal under this section may be made by complaint (or, in
Scotland, by application) to the appropriate court within the period of 21 days beginning with—(a)
(3)
(4)
(a)
confirm the decision, or
(b)
remit the decision for reconsideration by the person who made
it with such directions (if any) as the court considers appropriate.(5)
In this section the “appropriate court” means—
(a)
in relation to an appeal against a decision of a chief officer of
police for a police area in England or Wales, any magistrates’ court in a local justice area which includes any part of the officer’s police area;(b)
in relation to an appeal against a decision of the chief constable
of the Police Service of Scotland, a sheriff court;(c)
in relation to an appeal against a decision of the Chief
Constable of the Police Service of Northern Ireland, a court of summary jurisdiction.93H Guidance
(1)
The Secretary of State must issue guidance to chief officers of police
for police areas in England and Wales in relation to the determination by them of applications under section 93C .(2)
The Department of Justice in Northern Ireland must issue guidance
to the Chief Constable of the Police Service of Northern Ireland in relation to the Chief Constable’s determination of applications under section 93C .(3)
Before issuing guidance under this section—
(a)
the Secretary of State must consult the Department of Justice
in Northern Ireland;(b)
the Department of Justice in Northern Ireland must consult the
Secretary of State.(4)
The Secretary of State and the Department of Justice may, from time
to time, revise any guidance issued by them under this section.(5)
The Secretary of State and the Department of Justice must arrange for
any guidance issued or revised by them under this section to be published.”
After
section 93H
of the
Sexual Offences Act 2003
(inserted by subsection
(1)
) insert— The Secretary of State may by regulations make provision to prevent the person holds, or has held, a driving licence, the name to be specified in the replacement licence (“the new it appears to the Secretary of State, on the basis of information The regulations may, in particular, include provision for authorising a chief officer of police to disclose specified information to the the Secretary of State to disclose specified information to a
where the disclosure falls within subsection
(3)
.
A disclosure falls within this subsection if it is made— for the purposes of enabling the Secretary of State or a chief The regulations may, in particular, make provision about how a chief The regulations may not authorise or require the disclosure or other The regulations may include provision amending
Part 3
of the
Road In this section—
“
“
“
“93I
Restriction on granting replacement driving licences in new name
(England, Wales and Scotland)
(1)
a person from being granted a driving licence (a “replacement licence”)
if—
(a)
(b)
name”) is different from the name specified in the driving
licence most recently granted to the person, and
(c)
provided by a chief officer of police, that the person is a section
93B
relevant offender who was not authorised to apply for a
driving licence in the new name.
(2)
or requiring—
(a)
Secretary of State, and
(b)
chief officer of police,
(3)
(a)
officer of police to carry out their functions under or by virtue
of the regulations, or
(4)
officer of police or the Secretary of State may or must use information
disclosed to them by virtue of subsection
(2)
.
(5)
processing of information if the disclosure or other processing would
contravene the data protection legislation (but in determining whether
the disclosure or other processing would do so, take into account any
duty imposed or power conferred by the regulations).
(6)
Traffic Act 1988
.
(7)
the data protection legislation” and “processing” have the same
meanings as in the
Data Protection Act 2018
(see section 3 of
that Act);
driving licence” means a licence to drive a motor vehicle granted
under Part 3 of the Road Traffic 1988;
specified” means specified in regulations under this section.”
The Sexual Offences Act 2003 is amended as follows.
In the
section 96A
inserted by
section 80
of the
Police, Public Order and
Criminal Justice (Scotland) Act 2006
(police powers of entry to and examination
of relevant offender's home address)—
in subsection (1) , for “a senior” substitute “an appropriate”;
““
appropriate police officer”, in relation to an application for a
warrant under subsection (1), means a constable of the Police Service of Scotland authorised to make the application by a constable of the Police Service of Scotland who is of the rank of inspector or above;”;
omit the definition of “senior police officer”.
In
section 96B
(power of entry and search of relevant offender's home
address)—
in subsection (1) , for “a senior” substitute “an appropriate”;
in subsection (10) —
““
appropriate police officer”, in relation to an application
for a warrant under subsection (1), means a constable authorised to make the application by a constable of the rank of inspector or above;”;
omit the definition of “senior police officer”.
Schedule 10 contains minor and consequential amendments relating to this Chapter.
The Stalking Protection Act 2019 is amended as follows.
“A1 Meaning of “stalking protection order”
(1)
In this Act “stalking protection order” means an order under this Act
which, for the purpose of preventing a person from carrying out acts associated with stalking—(a)
prohibits the person from doing anything described in the
order;(b)
requires the person to do anything described in the order.
(2)
See section 2A of the Protection from Harassment Act 1997 for
examples of acts associated with stalking.(3)
This Act provides for the making of a stalking protection order—
(b)
where a person is acquitted of an offence, successfully appeals
against a conviction for an offence or is dealt with in respect of certain findings (see section 2A ).(4)
See also Chapter 3A of Part 11 of the Sentencing Code (stalking
protection orders on conviction).”
In section 1 (applications for orders)—
in
subsection (1)
, in the words before
paragraph (a)
, for “an order (a
“stalking protection order”)” substitute “a stalking protection order”;
omit subsection (2) ;
omit subsection (6) .
In
section 2
(power to make orders), in the heading, at the end insert “on
application”.
“2A Power to make orders on acquittal etc
(1)
This section applies where—
(a)
a defendant is acquitted of any offence by or before a court,
(b)
a court allows a defendant’s appeal against a conviction for
any offence, or(c)
a court deals with a defendant in respect of a finding that—
(i)
the defendant is not guilty of any offence by reason of
insanity, or(ii)
the defendant is under a disability and has done the
act charged against the defendant in respect of any offence.(2)
The court may make a stalking protection order under this section in
respect of the defendant if satisfied of the matters mentioned in paragraphs (a) to (c) of section 2 (1).(3)
Section 1 (4) applies for the purposes of this section.
(4)
Section 2 (2) to (7) apply for the purposes of this section (references to
a magistrates’ court being read as references to the court).”
In section 4 (variations, renewals and discharges)—
in subsection (1) , for “a magistrates’” substitute “an appropriate”;
in
subsection (4)
, in
paragraph (b)
, for
sub-paragraphs (i)
and
(ii)
substitute— where the application was made by a chief where the application was made by the where the application was made by the
“(i)
officer of police, that chief officer;
(ii)
defendant and relates to a stalking protection
order made under
section 2
, the chief officer of
police who applied for the order and (if
different) the chief officer of police for the area
in which the defendant resides, if that area is in
England or Wales;
(iii)
defendant and relates to a stalking protection
order made under
section 2A
, the chief officer
of police for the area in which the defendant
resides, if that area is in England or Wales.”;
“(5)
In subsection (1) “appropriate court” means—
(a)
where the stalking protection order was made by a
court other than a youth court—(i)
the court that made the order, or
(ii)
if the order was made by a magistrates' court,
any other magistrates' court acting in the local justice area in which that court acts;(b)
where the stalking protection order was made by a
youth court—(a)
if the defendant is under the age of 18 at the
time the application is made, the youth court that made the order, or any other youth court acting in the local justice area in which that court acts;(b)
if the defendant is aged 18 or over at the time
the application is made, any magistrates' court acting in the local justice area in which the youth court that made the order acts.(6)
For the purposes of this section, a stalking protection order
made in the circumstances mentioned in section 2A (1) (b) is to be treated as an order made by the court by or before which the defendant was convicted.”
In section 7 (appeals)—
in subsections (1) , (2) and (3) omit “to the Crown Court”;
“(3A)
An appeal under subsection (1), (2) or (3) is to be made—
(a)
where the appeal is against a decision of the Crown
Court, to the Court of Appeal;(b)
in any other case, to the Crown Court.”;
in subsection (4) for “the Crown Court” substitute “the court”;
“(5)
For the purposes of section 4 (variations, renewals and
discharges)—(a)
a stalking protection order that has been confirmed,
varied or renewed on an appeal remains an order of the court that first made it;(b)
a stalking protection order made by a court on an
appeal is to be treated as an order made by the court whose decision was appealed against.”
In section 10 (method of notification and related matters), in subsection (2) (a) omit “magistrates’”.
“(3)
An application to the Crown Court under any provision of this Act
is to be made in accordance with rules of court.”
In section 14 (interpretation)—
““
defendant”—(a)
(b)
in relation to a stalking protection order under section
2A , has the same meaning as in that section;”;
in the definition of “local police area”, in
paragraph (c)
, omit
“magistrates’”;
in the definition of “stalking protection order”, for “section 1(1)”
substitute “
section A1
(1)
”.
“Chapter 3A Stalking protection orders
364A Stalking protection order
(1)
In this Chapter “stalking protection order” means an order under section 364B which, for the purpose of preventing the person from
carrying out acts associated with stalking—(a)
prohibits the person from doing anything described in the
order;(b)
requires the person to do anything described in the order.
(2)
See section 2A of the Protection from Harassment Act 1997 for
examples of acts associated with stalking.(3)
A stalking protection order has effect—
(a)
for a fixed period specified in the order, or
(b)
until further order.
(4)
Where a fixed period is specified it must be a period of at least two
years beginning with the day on which the order is made.(5)
A stalking protection order may specify periods for which particular
prohibitions or requirements have effect.(6)
In this Chapter, “acts” includes omissions.
364B Power to make stalking protection order
(1)
This section applies where a court is dealing with an offender for an
offence.(2)
The court may make a stalking protection order in respect of the
offender if satisfied that—(a)
the offender has carried out acts associated with stalking,
(b)
the offender poses a risk associated with stalking to any person
(whether or not that person was the victim of the acts mentioned in paragraph (a) ), and(c)
the proposed order is necessary to protect that person from
such a risk.(3)
A court may include a prohibition or requirement in a stalking
protection order only if satisfied that the prohibition or requirement is necessary to protect a person mentioned in subsection (2)(b) from a risk associated with stalking.(4)
It does not matter—
(a)
whether the acts mentioned in subsection (2) (a) were carried
out in the United Kingdom or elsewhere, or(b)
whether they were carried out before or after the
commencement of this section .(5)
A risk associated with stalking—
(a)
may be in respect of physical or psychological harm to the
person concerned;(b)
may arise from acts which the offender knows or ought to
know are unwelcome to the person concerned even if, in other circumstances, the acts would appear harmless in themselves.364C Prohibitions and requirements included in orders
(1)
Prohibitions or requirements included in a stalking protection order
must, so far as practicable, be such as to avoid—(a)
any conflict with any religious beliefs of the offender, and
(b)
any interference with any times at which the offender normally
works or attends an educational establishment.(2)
A prohibition or requirement applies in all parts of the United
Kingdom unless expressly limited to a particular locality.(3)
Subsection (4) applies where a court makes a stalking protection order
in relation to an offender who is already subject to such an order (whether made by that court or another).(4)
The court may not include any prohibition or requirement in the new
stalking protection order which is incompatible with a prohibition or requirement in the earlier stalking protection order.364D Variations, renewal or discharges of stalking protection order
(1)
The offender or a relevant chief officer of police may apply to an
appropriate court for an order varying, renewing or discharging a stalking protection order.(2)
Before making a decision on an application under subsection (1) , the
court must hear—(a)
the offender, and
(b)
any relevant chief officer of police who wants to be heard.
(3)
On an application under subsection (1) the court may make any order
varying, renewing or discharging the stalking protection order that the court considers appropriate.(4)
But the court may not—
(a)
in renewing or varying an order, impose an additional
prohibition or requirement unless satisfied that it is necessary to do so in order to protect a person from a risk associated with stalking;(b)
discharge an order before the end of two years beginning with
the day on which the order was made without the consent of the offender and—(i)
where the application was made by a chief officer of
police, that chief officer;(ii)
in any other case, the chief officer of police for the area
in which the offender resides, if that area is in England or Wales.(5)
In this section—
“
appropriate court”, in relation to an application to vary, renew
or discharge a stalking protection order, means—(a)
where the order was made by a court other than a
youth court—(i)
the court that made the order, or
(ii)
if the order was made by a magistrates' court,
any other magistrates' court acting in the local justice area in which that court acts;(b)
where the order was made by a youth court—
(a)
if the defendant is under the age of 18 at the
time the application is made, the youth court that made the order, or any other youth court acting in the local justice area in which that court acts;(b)
if the defendant is aged 18 or over at the time
the application is made, any magistrates' court acting in the local justice area in which the youth court that made the order acts;“relevant chief officer of police” means—
(a)
the chief officer of police for the area in which the
offender resides, or(b)
any chief officer of police who believes that the offender
is in, or is intending to come to, that chief officer's police area;“
risk associated with stalking” is to be read in accordance with section 364B (5) .364E Content of orders
A stalking protection order must specify—
(a)
the date on which the order is made;
(b)
whether it has effect for a fixed period and, if it does, the length
of that period;(c)
each prohibition or requirement that applies to the offender;
(d)
whether any prohibition or requirement is expressly limited
to a particular locality and, if it is, what the locality is;(e)
whether any prohibition or requirement is subject to a fixed
period which differs from the period for which the order has effect and, if it is, what that period is.364F Appeals
(1)
An appeal against the making of a stalking protection order may be
brought by the offender as if the order were a sentence passed on the offender for an offence.(2)
Where an application is made under section 364D for an order varying,
renewing or discharging a stalking protection order—(a)
the person who made the application may appeal against a
refusal to make an order under that section ;(b)
the offender may appeal against the making of an order under section 364D on an application by a chief officer of police;
(c)
a relevant chief officer of police may appeal against the making
of an order under section 364D on an application by the offender.(3)
An appeal under subsection (2) is to be made—
(a)
to the Court of Appeal if the application under section 364D was made to the Crown Court;
(b)
to the Crown Court in any other case.
(4)
On an appeal under this section, the court may make—
(a)
such orders as may be necessary to give effect to its
determination of the appeal, and(b)
such incidental or consequential orders as appear to it to be
appropriate.(5)
A stalking protection order that has been confirmed, varied or renewed
on an appeal remains an order of the court that first made it.(6)
In this section, “relevant chief officer of police” has the same meaning
as in section 364D .364G Offence of breaching stalking protection order
(1)
A person who, without reasonable excuse, breaches a stalking
protection order commits an offence.(2)
A person who commits an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not
exceeding the general limit in a magistrates’ court, or a fine, or both, or(b)
on conviction on indictment, to imprisonment for a term not
exceeding 5 years, or a fine, or both.(3)
If a person is convicted of an offence under this section , it is not open
to the court by or before which the person is convicted to make an order under section 80 (conditional discharge).(4)
In proceedings for an offence under this section , a copy of the original
stalking protection order, certified by the designated officer for the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings.364H Notification requirements
For provision imposing notification requirements on a person subject to a stalking protection order, see the following provisions of the Stalking Protection Act 2019—
(a)
section 9 (notification requirements);
(b)
section 10 (method of notification and related matters);
(c)
section 11 (offences relating to notification).”
In
section 80
(3)
of the
Sentencing Code
(list of circumstances where an order
for conditional discharge is not available)—
“(cb)
section 8 (4) of the Stalking Protection Act 2019 (breach
of stalking protection order);”;
“(eb)
section 364G (3) (breach of stalking protection order);”.
In the Stalking Protection Act 2019—
“(8)
In this section, references to a stalking protection order include
an order under section 364B of the Sentencing Code (power to make stalking protection orders on conviction).”;
in section 10 (method of notification and related matters), after In subsection (2), the reference to a stalking protection order
subsection (3) insert—
“(3A)
includes an order under
section 364B
of the
Sentencing Code
(power to make stalking protection orders on conviction).”
In the
Protection from Harassment Act 1997
, after section 7 insert— The Secretary of State may issue guidance to such public authorities the effect of any of sections 2A, 2B, 4A, 4B and 7, the effect of any provision of the
Stalking Protection Act 2019
, the effect of any provision of
Chapter 3A
of
Part 11
of the
Sentencing Act 2022
(stalking protection orders), or other matters relating to stalking. The Secretary of State may revise any guidance issued under
this Before issuing any guidance or revisions under
this section
the
This does not apply to revisions the Secretary of State considers are
not substantial.
The Secretary of State must publish any guidance or revisions issued A public authority to whom guidance is given under
this section
must In this section, “public authority” means any person exercising public
“7A
Guidance about stalking
(1)
in England and Wales as the Secretary of State considers appropriate
about—
(a)
(b)
(c)
(d)
(2)
section
.
(3)
Secretary of State must consult such persons as the Secretary of State
considers appropriate.
(4)
under this section.
(5)
have regard to it in the exercise of the authority’s public functions.
(6)
functions, other than a court or tribunal.”
In the Stalking Protection Act 2019 —
in section 12, in the heading, at the end insert “about police functions
under this Act”;
“12A Guidance about the disclosure of information by police forces
(1)
The Secretary of State may—
(a)
issue guidance to chief officers of police about the
disclosure of police information for the purpose of protecting persons from risks associated with stalking;(b)
revise any guidance issued under this section.
(2)
A chief officer of police must have regard to any guidance
issued under this section.(3)
Before issuing any guidance or revisions under this section,
the Secretary of State must consult—(a)
the National Police Chiefs’ Council, and
(b)
such other persons as the Secretary of State considers
appropriate.This does not apply to revisions the Secretary of State considers are not substantial.
(4)
The Secretary of State must publish any guidance or revisions
issued under this section.(5)
“Police information” means any information held by a police
force.”
In the Offences Against the Person Act 1861—
omit section 22 (using chloroform etc) and section 23 (maliciously
administering poison etc);
“24 Administering etc harmful substances (including by spiking)
(1)
A person commits an offence if—
(a)
unlawfully, the person administers a harmful substance
to, or causes a harmful substance to be administered to or taken by, another person, and(b)
the person does so with intent to injure, aggrieve or
annoy the other person.(2)
In this section “harmful substance” means any poison or other
destructive or noxious thing.(3)
A person who commits an offence under this section is liable—
(a)
on summary conviction in England and Wales, to
imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);(b)
on summary conviction in Northern Ireland, to
imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);(c)
on conviction on indictment, to imprisonment for a term
not exceeding 10 years or a fine (or both).”;
omit section 25 (alternative verdicts).
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
section 45 does not apply), in paragraph 7 (offences under the Offences against
the Person Act 1861)—
omit the entry for section 22;
omit the entry for section 23;
“section 24 (administering etc harmful substances (including by spiking))”.
A person (D) commits an offence if—
D does an act capable of encouraging or assisting the serious self-harm
of another person, and
the act is intended to encourage or assist the serious self-harm of
another person.
The other person mentioned in
subsection (1)
(a)
or
(b)
need not be a specific
person (or class of persons) known to or identified by D.
An offence under this section may be committed whether or not serious
self-harm of a person occurs.
For the purposes of this section—
“
act” includes any conduct except conduct consisting only of one or more
omissions (and a reference to the doing of an act is to be read
accordingly);
“
encouraging”: a reference to encouraging the serious self-harm of a
person includes doing so by putting pressure on a person to seriously
self-harm (whether by threatening them or otherwise);
“
serious self-harm” of a person occurs where their conduct results in
self-harm to them that is grievous bodily harm (within the meaning
of the Offences Against the Person Act 1861).
A person who commits an offence under this section is liable—
on summary conviction in England and Wales, to imprisonment for
a term not exceeding the general limit in a magistrates’ court or a fine
(or both);
on summary conviction in Northern Ireland, to imprisonment for a
term not exceeding 6 months or a fine not exceeding the statutory
maximum (or both);
on conviction on indictment, to imprisonment for a term not exceeding
5 years or a fine (or both).
Where—
a person (D1) arranges for another person (D2) to do an act that is
capable of encouraging or assisting the serious self-harm of another
person, and
D2 does that act,
D1 is to be treated for the purposes of section 102 as also having done it.
Where an act done by a person (D) is not capable of encouraging or assisting
the serious self-harm of another person, it is to be treated for the purposes
of
section 102
and this section as being so capable if the act would have been
so capable—
had the facts been as D believed them to be at the time of the act, or
had subsequent events happened in the manner D believed they would
happen,
(or both).
The provider of an internet service is not to be regarded as doing an act
within
section 102
(1)
by reason only of providing the internet service by which
a communication is sent, transmitted or published.
Section 102 (4) applies for the purposes of this section.
In consequence of the provision made by
section 102
and this section, section
184 of the Online Safety Act 2023 (including the italic heading before that
section) is repealed.
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
“section 102
(encouraging or assisting serious self-harm).”.
section 45 does not apply), in
paragraph 36D
(inserted by
section 40
), after
the entry for
section 79
(inserted by
section 81
), insert—
The Child Abduction Act 1984 is amended as set out in subsections (2) to (4) .
In section 1 (offence of abduction of child by parent etc)—
“(1A)
Subject to subsections (5) and (8), a person connected with a
child under the age of sixteen commits an offence if—(a)
the child is taken or sent out of the United Kingdom
with the appropriate consent, and(b)
at any time after the child is taken or sent, the person
detains the child outside the United Kingdom without the appropriate consent.”;
in subsection (4) —
in the words before
paragraph (a)
, after “United Kingdom”
insert “, or by detaining a child outside the United Kingdom,”;
in each of
paragraphs (a)
and
(b)
, after “United Kingdom”
insert “, or detains the child outside the United Kingdom,”;
in
subsection (4A)
, after “United Kingdom” insert “, or detaining the
child outside the United Kingdom,”;
in
subsection (5A)
, in
paragraph (b)
after “out of the United Kingdom”
insert “, or detaining the child outside the United Kingdom,”.
In
section 11
(consequential amendments and repeals), in
subsection (3)
for
“section 1 above” substitute “section 1(1) above”.
In
the Schedule
(modifications of section 1 for children in certain cases), in
each of the following provisions after “subsection (1)” insert “or (1A)”—
The amendments made by
this section
apply only in cases where the taking
or sending of the child out of the United Kingdom takes place on or after the
date on which
this section
comes into force.
Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (regulated activity)
is amended as follows.
In paragraph 1 omit—
in sub-paragraph (2A)(b), the words “(disregarding paragraph 2(3A)
and (3B)(b))”;
in sub-paragraph (2B)—
in paragraph (a)(ii), the words “(disregarding paragraph 2(3A)
and (3B)(b))”;
paragraph (b) and the “or” immediately before it;
sub-paragraph (2C);
sub-paragraph (15).
In paragraph 2 omit—
sub-paragraph (3A);
in sub-paragraph (3B), paragraph (b) and the “and” immediately before
it;
sub-paragraph (3C).
Omit paragraph 5A and the italic heading before it.
The Road Traffic Act 1988 is amended as set out in subsections (2) to (6) .
“27A Causing death by dangerous cycling
A person who causes the death of another person by riding a cycle dangerously on a road or other public place is guilty of an offence.
27B Causing serious injury by dangerous cycling
(1)
A person who causes serious injury to another person by riding a
cycle dangerously on a road or other public place is guilty of an offence.(2)
In this section “serious injury” means—
(a)
in England and Wales, physical harm which amounts to
grievous bodily harm for the purposes of the Offences against the Person Act 1861, and(b)
in Scotland, severe physical injury.”
In section 28 —
in
subsection (1)
for “on a road dangerously” substitute “dangerously
on a road or other public place”;
omit subsections (2) and (3) .
“28A Meaning of “dangerous cycling”
(1)
This section applies for the purposes of sections 27A, 27B and 28.
(2)
A person is to be regarded as riding dangerously if (and only if) the
condition in subsection (3) or (4) is met.(3)
The condition in this subsection is met if—
(a)
the way that the person rides falls far below what would be
expected of a competent and careful cyclist, and(b)
it would be obvious to a competent and careful cyclist that
riding in that way would be dangerous.(4)
The condition in this subsection is met if it would be obvious to a
competent and careful cyclist that riding the cycle in its current state would be dangerous.(5)
In determining the state of a cycle for the purposes of subsection (4),
regard may be had (among other things) to—(a)
whether the cycle is equipped and maintained in accordance
with regulations under section 81 (regulation of brakes, bells etc, on pedal cycles);(b)
anything attached to or carried on the cycle and the manner
in which it is attached or carried.(6)
In determining what would be expected of, or obvious to, a competent
and careful cyclist in a particular case, regard is to be had both to—(a)
the circumstances of which the person could be expected to be
aware (taking account of, if relevant to the case, the age of the accused), and(b)
the circumstances shown to have been within the knowledge
of the accused.(7)
References in this section to something being “dangerous” are
references to it resulting in danger of—(a)
injury to any person, or
(b)
serious damage to property.
28B Causing death by careless, or inconsiderate, cycling
A person who causes the death of another person by riding a cycle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.
28C Causing serious injury by careless, or inconsiderate, cycling
(1)
A person who causes serious injury to another person by riding a
cycle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.(2)
In this section “serious injury” means—
(a)
in England and Wales, physical harm which amounts to
grievous bodily harm for the purposes of the Offences against the Person Act 1861, and(b)
in Scotland, severe physical injury.”
In section 29 (careless, and inconsiderate, cycling)—
after “a road” insert “or other public place”;
after “the road” insert “or place”.
“29A Meaning of careless, or inconsiderate, cycling
(1)
This section applies for the purposes of sections 28B, 28C and 29.
(2)
A person is to be regarded as cycling without due care and attention
if (and only if) the way the person cycles falls below what would be expected of a competent and careful cyclist.(3)
In determining what would be expected of a competent and careful
cyclist in a particular case, regard is to be had both to—(a)
the circumstances of which the person could be expected to be
aware (taking account of, if relevant to the case, the age of the accused), and(b)
the circumstances shown to have been within the knowledge
of the accused.(4)
A person (A) is to be regarded as cycling without reasonable
consideration for other persons only if those persons are inconvenienced by A’s cycling.”
In section 23 (alternative verdicts in Scotland)—
in subsection (1), after “vehicle” insert “, or the riding of a cycle,”;
in subsection (1A) omit “and” after paragraph (b) and after paragraph an offence under section 27A of that Act (causing death an offence under section 27B of that Act (causing serious
(c) insert—
“(d)
by dangerous cycling), and
(e)
injury by dangerous cycling).”
In section 24 (alternative verdicts: general)—
in subsection (A1)(a) after “vehicle” insert “, or the riding of a cycle,”;
in subsection (A2) omit “and” after paragraph (c) and after that an offence under section 27A of that Act (causing death an offence under section 27B of that Act (causing serious
paragraph insert—
“(ca)
by dangerous cycling),
(cb)
injury by dangerous cycling), and”;
in subsection (1), in the Table, after the entry relating to section 5A(1)(a)
“Section 27A (causing
death by dangerous
cycling)
Section 28 (dangerous cycling)
Section 28B (causing death by careless, or
inconsiderate, cycling)
Section 29 (careless, and inconsiderate,
cycling)
Section 27B (causing
serious injury by
dangerous cycling)
Section 28 (dangerous cycling)
Section 28C (causing serious injury by
careless, or inconsiderate, cycling)
Section 29 (careless, and inconsiderate,
cycling)”;
and (2) of the Road Traffic Act 1988 insert—
in subsection (1), in the Table, after the entry relating to section 28 of
“Section 28B (causing death by
careless, or inconsiderate, cycling)
Section 29 (careless, and
inconsiderate, cycling)
Section 28C (causing serious injury
by careless, or inconsiderate, cycling)
Section 29 (careless, and
inconsiderate, cycling)”;
the Road Traffic Act 1988 insert—
The table in
Part 1
of
Schedule 2
(prosecution and punishment of offences)
is amended as follows.
After the entry relating to “RTA section 27” insert in columns 1 to 4—
|
“RTA section 27A |
Causing death by dangerous cycling. |
On indictment. |
Imprisonment for life. |
|
RTA section 27B |
Causing serious injury by dangerous cycling. |
(a) Summarily. (b) On indictment. |
(a) On conviction in England and Wales: the general limit in a magistrates’ court or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both. (b) 5 years or a fine or both.” |
After the entry relating to “RTA section 28” insert in columns 1 to 4—
|
“RTA section 28B |
Causing death by careless or inconsiderate cycling. |
(a) Summarily. (b) On indictment. |
(a) On conviction in England and Wales: the general limit in a magistrates’ court or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both. (b) 5 years or a fine or both. |
|
RTA section 28C |
Causing serious injury by careless or inconsiderate cycling |
(a) Summarily. (b) On indictment. |
(a) On conviction in England and Wales: the general limit in a magistrates’ court or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both. (b) 2 years or a fine or both.” |
The following provisions are amended as follows—
in Schedule 15 to the Criminal Justice Act 2003 (specified offences for An offence under section 27A of that Act (causing death by
purposes of sections 244ZA and 325), in Part 1 (specified violent
offences), after paragraph 49 insert—
“49A
dangerous cycling).”;
in Schedule 18B to the Criminal Justice Act 2003 (offences relevant to section 27A (causing death by dangerous cycling).”;
public protection decisions), in Part 2 (statutory offences), in paragraph
34 after paragraph (c) insert—
“(d)
in Schedule 18 to the Sentencing Code (specified offences for purposes section 27A (causing death by dangerous cycling).”
of section 306), in Part 1 (specified violent offences), in paragraph 18
after paragraph (c) insert—
“(d)
A person (“D”) commits an offence if conditions 1 to 4 are met.
Condition 1 is that D—
uses towards an emergency worker (“E”) threatening, abusive or
insulting words or behaviour, or
displays or gives to E any writing, sign or other visible representation
which is threatening, abusive or insulting.
In this section “D’s relevant conduct” means the conduct of D that meets
condition 1.
Condition 2 is that D—
intends the words or behaviour, or the writing, sign or other visible
representation, to be threatening, abusive or insulting, or
is aware that they may be threatening, abusive or insulting.
Condition 3 is that D’s relevant conduct is racially or religiously hostile
towards E.
Condition 4 is that D’s relevant conduct—
is engaged in by D with intent to make E believe, or is likely to make
E believe, that immediate unlawful violence will be used against E by
D,
is engaged in by D with intent to provoke, or is likely to provoke, the
immediate use of unlawful violence against E by another person, or
is engaged in by D with intent to cause E harassment, alarm or distress,
and causes E harassment, alarm or distress.
A person who commits an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding
the general limit in the magistrates’ court or a fine (or both);
on conviction on indictment, to imprisonment for a term not exceeding
2 years or a fine (or both).
A person (“D”) commits an offence if conditions 1 to 3 are met.
Condition 1 is that D—
uses threatening or abusive words or behaviour, or
displays any writing, sign or other visible representation which is
threatening or abusive,
within the hearing or sight of an emergency worker (“E”) likely to be caused harassment, alarm or distress by D’s conduct.
In this section “D’s relevant conduct” means the conduct of D that meets
condition 1.
Condition 2 is that D—
intends the words or behaviour, or the writing, sign or other visible
representation, to be threatening or abusive, or
is aware that they may be threatening or abusive.
Condition 3 is that D’s relevant conduct is racially or religiously hostile
towards E.
It is a defence for D to show that—
D had no reason to believe that there was an emergency worker within
hearing or sight who was likely to be caused harassment, alarm or
distress, or
D’s conduct was reasonable.
D is to be taken to have shown a matter if—
sufficient evidence of the matter is adduced to raise an issue with
respect to it, and
the contrary is not proved beyond reasonable doubt.
A person who commits an offence under this section is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
“Emergency worker” means an emergency worker, within the meaning of
section 3 of the Assaults on Emergency Workers (Offences) Act 2018, acting
in their capacity as such.
The conduct of a person (“D”) is racially or religiously hostile to another
person (“E”) if—
at the time of that conduct, or immediately before or after that time,
D demonstrates towards E hostility based on E’s membership (or
presumed membership) of a racial or religious group, or
D’s conduct is motivated (wholly or partly) by hostility towards
members of a racial or religious group based on their membership of
that group.
It is immaterial whether D’s hostility is also based, to any extent, on any
other factor not mentioned in subsection
(3)
.
In subsection (3) —
“
membership”, in relation to a racial or religious group, includes
association with members of that group;
“
presumed” means presumed by D;
“
racial group” means a group of persons defined by reference to race,
colour, nationality (including citizenship) or ethnic or national origins;
“
religious group” means a group of persons defined by reference to
religious belief or lack of religious belief.
A person whose awareness is impaired by intoxication is to be treated as
aware of anything they would be aware of if not intoxicated, unless they
show that their intoxication—
was not self-induced or
was caused solely by the taking or administration of a substance in
the course of medical treatment.
In subsection
(6)
“intoxication” means any intoxication, whether caused by
drink, drugs or other means, or by a combination of means.
It is an offence to possess an electronic device in circumstances which give
rise to a reasonable suspicion that the device will be used in connection with
a relevant offence.
It is an offence to import, make, adapt, supply or offer to supply an electronic
device in circumstances which give rise to a reasonable suspicion that the
device will be used in connection with a relevant offence.
It is a defence for a person charged with an offence under this section to
show that the person did not intend or suspect that the device would be used
in connection with a relevant offence.
In proceedings for an offence under this section, if it is proved that an
electronic device—
was on any premises at the same time as the accused, or
was on premises of which the accused was the occupier or which the
accused habitually used otherwise than as a member of the public,
the court may assume that the accused possessed the electronic device, unless the accused shows that they did not know of its presence on the premises or that they had no control over it.
In this section “relevant offence” means—
in England and Wales—
an offence under section 1 of the Theft Act 1968 of theft of a
conveyance (as defined by section 12 of that Act) or anything
in a conveyance, or
an offence under section 12 of that Act (taking vehicle or other
conveyance without authority);
in Scotland—
theft of a vehicle, vessel or aircraft constructed or adapted for
use for transporting one or more persons or of anything in
such a vehicle, vessel or aircraft, or
an offence under section 178 of the Road Traffic Act 1988
(taking motor vehicle without authority);
in Northern Ireland—
an offence under section 1 of the Theft Act (Northern Ireland)
1969 of theft of a conveyance (as defined by section 12 of that
Act) or anything in a conveyance, or
an offence under section 12 of that Act (taking vehicle or other
conveyance without authority).
A person who commits an offence under this section is liable—
on summary conviction in England and Wales, to imprisonment for
a term not exceeding the general limit in a magistrates’ court or a fine
(or both);
on summary conviction in Scotland, to imprisonment for a term not
exceeding 12 months or a fine not exceeding the statutory maximum
(or both);
on summary conviction in Northern Ireland, to imprisonment for a
term not exceeding 6 months or a fine not exceeding the statutory
maximum (or both);
on conviction on indictment, to imprisonment for a term not exceeding
5 years or a fine (or both).
Subsection (2) applies where—
A person is regarded as having shown the matter if—
sufficient evidence of the matter is adduced to raise an issue with
respect to it, and
the contrary is not proved beyond reasonable doubt.
In the Proceeds of Crime Act 2002—
in Schedule 2 (lifestyle offences: England and Wales), in paragraph
9B (inserted by the Border Security, Asylum and Immigration Act
2025)—
in the heading, at the end insert “or vehicle offences”;
the existing provision becomes sub-paragraph (1) of that
paragraph;
“(2)
An offence under section 110 of the Crime and
Policing Act 2025 (electronic devices for use in vehicle offences).”;
in Schedule 4 (lifestyle offences: Scotland), in paragraph 9G (inserted
by the Border Security, Asylum and Immigration Act 2025)—
in the heading, at the end insert “or vehicle offences”;
the existing provision becomes sub-paragraph (1) of that
paragraph;
“(2)
An offence under section 110 of the Crime and
Policing Act 2025 (electronic devices for use in vehicle offences).”;
in Schedule 5 (lifestyle offences: Northern Ireland), in paragraph 9B
(inserted by the Border Security, Asylum and Immigration Act 2025)—
in the heading, at the end insert “or vehicle offences”;
the existing provision becomes sub-paragraph (1) of that
paragraph;
“(2)
An offence under section 110 of the Crime and
Policing Act 2025 (electronic devices for use in vehicle offences).”
A person who possesses a SIM farm commits an offence.
For the meaning of “SIM farm”, see section 114 .
It is a defence for a person charged with an offence under this section to
prove that the person had a good reason or lawful authority for possessing
the SIM farm.
In
subsection (2)
the reference to a good reason for possessing a SIM farm
includes in particular possessing it for a purpose connected with—
providing broadcasting services,
operating or maintaining a public transport service,
operating or maintaining an electronic communications network (as
defined by section 32 of the Communications Act 2003), or
tracking freight or monitoring it in any other way.
This subsection does not limit subsection (2) .
For the purposes of
subsection (2)
, where a person possesses a SIM farm in
order to supply it to another, the person has a good reason for possessing it
only if any supply would be in accordance with
section 113
(2)
(a)
to
(c)
.
A person who commits an offence under this section is liable—
on summary conviction in England and Wales, to a fine;
on summary conviction in Scotland or Northern Ireland, to a fine not
exceeding level 5 on the standard scale.
A person who supplies a SIM farm to another person commits an offence.
It is a defence for a person charged with an offence under this section (“the
supplier”) to prove—
that—
the supply was made in the course of a business carried on by
the supplier, or
the supplier had a good reason or lawful authority for
possessing the SIM farm (before the supply was made),
that, before the supply was made, the supplier took reasonable steps
to satisfy themselves that the person to whom the SIM farm was to
be supplied would have a good reason or lawful authority for
possessing it, and
that, before the supply was made, the supplier made a record of the
specified information relating to the supply.
In
subsection (2)
(a)
(ii)
the reference to a good reason or lawful authority for
possessing the SIM farm does not include possessing it for the purpose of
supplying it to another.
In
subsection (2)
(c)
“the specified information” relating to the supply of a
SIM farm to a person (“the recipient”) means—
the date of the supply;
a description of the SIM farm;
the name of the recipient and, where the recipient is not an individual,
any company number or other registered number;
the address of the recipient and, where the recipient is not an
individual, the address of any registered office;
a description of the steps taken by the supplier to satisfy themselves
that the recipient would have a good reason or lawful authority for
possessing the SIM farm.
A person who commits an offence under this section is liable—
on summary conviction in England and Wales, to a fine;
on summary conviction in Scotland or Northern Ireland, to a fine not
exceeding level 5 on the standard scale.
In
sections 112
and
113
, “SIM farm” means a device which is capable of using
five or more SIM cards simultaneously or interchangeably, for the purpose
of—
making telephone calls to persons at telephone numbers allocated in
accordance with national or international numbering plans, or
sending messages to, or receiving messages from, such telephone
numbers.
“SIM card” means a removable physical subscriber identity module.
A SIM card is “used” for the purpose of making a telephone call, or sending
or receiving a message, if the SIM card enables the service by which the call
or message is conveyed to be accessed.
The Secretary of State may by regulations amend this section (other than this
subsection).
Schedule 11
confers powers of entry etc in relation to offences under
sections
112
and
113
and related inchoate offences.
A person who possesses a specified article commits an offence.
“Specified article” means an article specified in regulations under section 117 .
It is a defence for a person charged with an offence under this section to
prove that the person had a good reason or lawful authority for possessing
the specified article.
For the purposes of
subsection (2)
, where a person possesses a specified article
in order to supply it to another, the person has a good reason for possessing
it only if any supply would be in accordance with
section 116
(2)
(a)
to
(c)
.
A person who commits an offence under this section is liable—
on summary conviction in England and Wales, to a fine;
on summary conviction in Scotland or Northern Ireland, to a fine not
exceeding level 5 on the standard scale.
A person who supplies a specified article to another person commits an
offence.
“Specified article” means an article specified in regulations under section 117 .
It is a defence for a person charged with an offence under this section (“the
supplier”) to prove—
that—
the supply was made in the course of a business carried on by
the supplier, or
the supplier had a good reason or lawful authority for
possessing the specified article (before the supply was made),
that, before the supply was made, the supplier took reasonable steps
to satisfy themselves that the person to whom the specified article was
to be supplied would have a good reason or lawful authority for
possessing it, and
that, before the supply was made, the supplier made a record of the
specified information relating to the supply.
In
subsection (2)
(a)
(ii)
the reference to a good reason or lawful authority for
possessing the specified article does not include possessing it for the purpose
of supplying it to another.
In
subsection (2)
(c)
“the specified information” relating to the supply of a
specified article to a person (“the recipient”) means—
the date of the supply;
a description of the specified article;
the name of the recipient and, where the recipient is not an individual,
any company number or other registered number;
the address of the recipient and, where the recipient is not an
individual, the address of any registered office;
a description of the steps taken by the supplier to satisfy themselves
that the recipient would have a good reason or lawful authority for
possessing the specified article.
A person who commits an offence under this section is liable—
on summary conviction in England and Wales, to a fine;
on summary conviction in Scotland or Northern Ireland, to a fine not
exceeding level 5 on the standard scale.
An article may be specified only if the Secretary of State considers that there
is a significant risk of specified articles being used in connection with fraud
that is perpetrated by means of—
an electronic communications network, or
an electronic communications service.
Before making regulations under this section, the Secretary of State must
consult such persons appearing to the Secretary of State to be likely to be
affected by the regulations as the Secretary of State considers appropriate.
Schedule 11 confers powers of entry etc in relation to offences under sections 115 and 116 and related inchoate offences.
In this section—
“
article” includes information in electronic form;
“
electronic communications network” and “electronic communications
service” have the meaning given by section 32 of the Communications
Act 2003.
A person commits an offence if the person is—
in a public place that is in a locality designated under section 119 , and
wearing or otherwise using an item that conceals their identity or
another person’s identity.
It is a defence for a person charged with an offence under this section to
prove that they wore or otherwise used the item for—
a purpose relating to the health of the person or others,
the purposes of religious observance, or
a purpose relating to the person’s work.
Where the conduct described in
subsection (1)
takes place during the initial
period specified under section
119
(1)
, a person commits the offence under
this section only if section
119
(2)
has been complied with in relation to the
designation.
Where the conduct described in
subsection (1)
takes place during a further
period directed under section
119
(3)
, a person commits the offence under this
section only if section
119
(4)
has been complied with in relation to the
designation.
A person who commits an offence under this section is liable on summary
conviction to imprisonment for a term not exceeding one month or a fine not
exceeding level 3 on the standard scale (or both).
A constable whose rank is at least that of inspector may designate a locality
in England or Wales that is in their police area for a specified period not
exceeding 24 hours if they reasonably believe that—
a public assembly, or public procession, which constitutes a protest
may take place or is taking place in the locality,
the protest is likely to involve or has involved the commission of
offences, and
it is expedient, in order to prevent or limit the commission of offences,
to designate the locality under this section.
A constable who designates a locality under this section must ensure that all
reasonable steps are taken (by the constable or another person) to notify the
public of—
the fact that the designation has been made,
the nature of the offence created by section 118 ,
the locality to which the designation applies, and
the period during which the designation will be in force.
A constable whose rank is at least that of superintendent may direct that a
designation under this section is to continue in force for a further 24 hours
if it appears expedient to do so, having regard to offences which—
have been committed in connection with the protest in respect of
which the designation was made, or
are reasonably suspected to have been so committed.
A constable who directs that a designation under this section is to continue
in force must ensure that all reasonable steps are taken (by the constable or
another person) to notify the public of—
the fact that the designation will continue in force, and
the matters set out in paragraphs (b) , (c) and (d) of subsection (2) .
The reference to a “police area” in
subsection (1)
, so far as it relates to a
designation of a locality by—
a member of the British Transport Police Force, has effect as if that
reference were a reference to a place within section 31(1)(a) to (f) of
the Railways and Transport Safety Act 2003;
a member of the Ministry of Defence Police, has effect as if that
reference were a reference to a place to which section 2(2) of the
Ministry of Defence Police Act 1987 applies.
This section does not limit any other power of a constable; and, in particular,
it does not affect when an authorisation under section 60AA of the Criminal
Justice and Public Order Act 1994 (powers to require removal of disguises)
may be given.
A constable—
whose rank is that of inspector, and
who designates a locality under section 119 ,
must ensure that a constable whose rank is at least that of superintendent is informed (by the inspector or another person) of the designation as soon as reasonably practicable.
A designation under section 119 —
must be in writing and signed by the constable who made it, and
must specify—
the grounds on which it is made,
the locality to which it applies, and
the period during which it will be in force.
Where it is not reasonably practicable for a designation under section
119
to
be made in writing, an oral designation may be made instead provided—
the constable making it states the matters which would otherwise have
to be specified under
subsection (2)
, and
the designation is recorded in writing as soon as reasonably practicable.
It is an offence for a person to have a pyrotechnic article in their possession
at any time when they are taking part in—
a public procession which constitutes a protest,
a public assembly which constitutes a protest, or
a one-person protest.
But no offence is committed if the person is taking part in a cultural or
religious event of a kind at which pyrotechnic articles are customarily used.
It is a defence for a person charged with an offence under this section to
show that they had a reasonable excuse for having the pyrotechnic article in
their possession at the material time.
In particular, it is a defence for a person charged with an offence under this
section to show that they had the pyrotechnic article in their possession at
the material time for use in connection with work.
sufficient evidence of the fact is adduced to raise an issue with respect
to it, and
the contrary is not proved beyond reasonable doubt.
A person who commits an offence under this section is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
In this section “pyrotechnic article” means an article that contains explosive
substances, or an explosive mixture of substances, designed to produce heat,
light, sound, gas or smoke, or a combination of such effects, through
self-sustained exothermic chemical reactions, other than—
a match, or
an article specified, or of a description specified, in regulations made
by the Secretary of State.
A person who climbs on a specified memorial commits an offence.
It is a defence for a person charged with an offence under this section to
prove that they—
had a good reason for climbing on the specified memorial,
were the owner or occupier of the specified memorial, or
had the consent of the owner or occupier of the specified memorial,
or other lawful authority, to climb on it.
In this section “specified memorial” means—
a memorial or a part of a memorial specified in Part 3 of Schedule 12 .
The Secretary of State may by regulations amend Schedule 12 .
The Secretary of State may make regulations adding a memorial, or a part of
a memorial, to Schedule
12
only if the Secretary of State considers that there
is a significant public interest in it being a specified memorial for the purposes
of this section.
A person who commits an offence under this section is liable on summary
conviction to imprisonment for a term not exceeding 3 months or a fine not
exceeding level 3 on the standard scale (or both).
In this section “memorial” means a building or other structure, or any other
thing, erected or installed on land (or in or on any building or other structure
on land) which has a commemorative purpose.
Something has a commemorative purpose if at least one of its purposes is to
commemorate—
one or more individuals or animals, or a description of individuals or
animals (whether living or dead and whether or not capable of being
identified), or
an event or series of events (such as an armed conflict).
In subsection
(7)
references to a building or structure include part of a building
or structure.
In this Chapter—
“
one-person protest” has the meaning given by section 14ZA(4) of the
Public Order Act 1986;
“
public assembly” has the meaning given by section 16 of that Act;
“
public place” has the meaning given by that section;
“
public procession” has the meaning given by that section.
The Public Order Act 1986 is amended as follows.
In section 12(1) (imposing conditions on public processions)—
at the end of paragraph (ab) omit “or”;
(c)
in the case of a procession in England and Wales, the
procession is in the vicinity of a place of worship and may intimidate persons of reasonable firmness with the result that those persons are deterred from—(i)
accessing that place of worship for the purpose
of carrying out religious activities, or(ii)
carrying out religious activities at that place of
worship,”.
In section 14(1) (imposing conditions on public assemblies)—
at the end of paragraph (ab) omit “or”;
(c)
in the case of an assembly in England and Wales, the
assembly is in the vicinity of a place of worship and may intimidate persons of reasonable firmness with the result that those persons are deterred from—(i)
accessing that place of worship for the purpose
of carrying out religious activities, or(ii)
carrying out religious activities at that place of
worship.”
In section 14ZA(1) (imposing conditions on one-person protests)—
at the end of paragraph (a) omit “or”;
(c)
the protest is in the vicinity of a place of worship and
may intimidate persons of reasonable firmness with the result that those persons are deterred from—(i)
accessing that place of worship for the purpose
of carrying out religious activities, or(ii)
carrying out religious activities at that place of
worship.”
The Public Order Act 1986 is amended as follows.
In section 12 (imposing conditions on public processions)—
in subsection (1), for “the”, in the first place it occurs, substitute “a”;
in subsection (2)—
in the words before paragraph (a) omit “the”;
in paragraph (a) for the words from “, the most” to the end the most senior in rank of the police in the case of a procession in England
substitute “—
(i)
officers present at the scene, or
(ii)
and Wales, a police officer authorised by
a chief officer of police for the purposes
of this subsection, and”.
In section 14 (imposing conditions on public assemblies)—
in subsection (1), for “the”, in the first place it occurs, substitute “a”;
in subsection (2)—
in the words before paragraph (a) omit “the”;
in paragraph (a) for the words from “, the most” to the end the most senior in rank of the police in the case of an assembly in England
substitute “—
(i)
officers present at the scene, or
(ii)
and Wales, a police officer authorised by
a chief officer of police for the purposes
of this subsection, and”;
in subsection (2ZB), for “reference in subsection (2)(b) to a chief officer
of police includes”, substitute “references in subsection (2) to a chief
officer of police include”.
In section 14A(9) (prohibiting trespassory assemblies), in the definition of
“land”, after ““land”” insert “, except in subsections (4A) to (4C) of this
section,”.
In section 16 (interpretation), in the definition of “public assembly”, for the wholly or partly open to the air, or within any of paragraphs (a) to (f) of section 31(1) of the
words from “wholly” to the end substitute “—
(a)
(b)
Railways and Transport Safety Act 2003;”.
In section 60 (powers to stop and search in anticipation of or after violence), So far as they relate to an authorisation by a member of the Ministry subsections (1) and (9) have effect as if the references to a subsection (1)(aa)(i) has effect as if the reference to a police
after subsection (9A) insert—
“(9B)
of Defence Police—
(a)
locality in a police area were references to a place in England
and Wales among those specified in section 2(2) of the Ministry
of Defence Police Act 1987, and
(b)
area were a reference to the places in England and Wales
specified in section 2(2) of the Ministry of Defence Police Act
1987.”
In section 60AA (powers to require removal of disguises)—
“(8)
So far as subsections (1), (3) and (6) relate to an authorisation
by a member of the British Transport Police Force, those subsections have effect as if the references to a locality or a locality in a police area were references to a place in England and Wales among those specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003.(8A)
So far as subsections (1), (3) and (6) relate to an authorisation
by a member of the Ministry of Defence Police, those subsections have effect as if the references to a locality or a locality in a police area were references to a place in England and Wales among those specified in section 2(2) of the Ministry of Defence Police Act 1987.”;
in subsection (9) omit “and “policed premises” each”.
Schedule 13
makes provision about IP address suspension orders and domain
name suspension orders.
In the Theft Act 1968, in the heading of section 26 after “goods” insert “with
warrant”.
“26A Electronically tracked stolen goods: search without warrant
(1)
A constable whose rank is at least that of inspector (a “senior officer”)
may authorise a constable to—(a)
enter specified premises, and
(b)
search the specified premises for specified items.
(2)
A senior officer may give an authorisation under subsection (1) only
if satisfied that—(a)
there are reasonable grounds to believe that—
(i)
the specified items are stolen goods,
(ii)
the specified items are on the specified premises, and
(iii)
it is not reasonably practicable to obtain a warrant for
the entry and search (under section 26 or another enactment) without frustrating or seriously prejudicing its purpose, and(b)
there is electronic tracking data indicating that the specified
items (or any of them) are, or have at some time since they are believed to have been stolen been, on the specified premises.(3)
An authorisation may be given orally or in writing.
(4)
As soon as reasonably practicable after giving the authorisation, the
senior officer must record in writing—(a)
if the authorisation was given orally, the authorisation, and
(b)
in any case, the officer’s reasons for being satisfied as
mentioned in subsection (2) .(5)
The powers conferred by an authorisation under subsection (1) may
be exercised only—(a)
by a constable in uniform,
(b)
before the end of the 24 hour period beginning with the time
the authorisation is given, and(c)
at a reasonable hour (unless it appears to the constable that
exercising them at a reasonable hour may frustrate or seriously prejudice the purpose of exercising them).(6)
The power of search conferred by an authorisation under subsection (1) is exercisable only to the extent that is reasonably required for the
purpose of searching the specified premises for the specified items.(7)
Where the occupier of the specified premises is present at the time
the constable seeks to enter and search them, the constable must—(a)
identify themselves to the occupier, and
(b)
state the purpose for which they are entering and searching
the premises.(8)
In this section “electronic tracking data” means information as to the
location, determined by electronic means, of an item.26B Seizure on search under section 26A
(1)
(2)
The constable may seize anything which is on the specified premises
(whether or not it is a specified item) if the constable has reasonable grounds to believe—(a)
that it is stolen goods, and
(b)
that it is necessary to seize it in order to prevent it being
concealed, lost, damaged, altered or destroyed.(3)
The constable may seize anything which is on the specified premises
(whether or not it is a specified item) if the constable has reasonable grounds to believe—(a)
that it is evidence in relation to an offence of theft which the
constable is investigating or any other offence of theft, and(b)
that it is necessary to seize it in order to prevent the evidence
being concealed, lost, damaged, altered or destroyed.(4)
As soon as reasonably practicable after exercising a power of seizure
conferred by this section, the constable must record in writing—(a)
the grounds on which the power was exercised, and
(b)
the items seized.
26C Sections 26A and 26B : supplementary
(1)
The powers conferred by virtue of sections 26A and 26B do not include
powers to search for or seize—(a)
items subject to legal privilege,
(b)
excluded material, or
(c)
special procedure material.
(2)
(3)
(4)
(5)
In sections 26A to 26C the following expressions have the same
meaning as in the Police and Criminal Evidence Act 1984—“
excluded material” (see section 11 of that Act);“
items subject to legal privilege” (see section 10 of that Act);“
premises” (see section 23 of that Act);“
special procedure material” (see section 14 of that Act).”
In Schedule 1 to the Criminal Justice and Police Act 2001 (seizure powers to
which certain provisions apply), in each of paragraphs 10 and 92—
for “power” substitute “powers”;
for “section 26(3)” substitute “sections 26(3) and 26B ”.
In the Armed Forces Act 2006, after section 93 insert— A service policeman of at least the rank of naval lieutenant, military enter specified premises which are relevant residential premises, search the specified premises for specified items. An officer may give an authorisation under subsection
(1)
only if there are reasonable grounds to believe that— the specified items are stolen goods, the specified items are on the specified premises, and it is likely that the purpose of the search would be there is electronic tracking data indicating that the specified The time referred to in
subsection (2)
(a)
(iii)
is the earliest time by for a service policeman to obtain and execute a warrant under in a case where a member of a UK police force could obtain a An officer may give an authorisation under subsection
(1)
orally or in As soon as reasonably practicable after giving the authorisation the if the authorisation is given orally, the authorisation, and in any case, the officer’s reasons for being satisfied as The powers conferred by an authorisation under subsection
(1)
may by a service policeman in uniform, before the end of the 24 hour period beginning with the time at a reasonable hour (unless it appears to the service policeman The power of search conferred by an authorisation under subsection
(1)
is exercisable only to the extent that is reasonably required for the Where the occupier of the specified premises is present at the time identify themselves to the occupier, and state the purpose for which they are entering and searching In this section “electronic tracking data” means information as to the The service policeman may seize anything which is on the specified that it is stolen goods, and that it is necessary to seize it in order to prevent it being The service policeman may seize anything which is on the specified that it is evidence in relation to— an offence under section 42 which the service policeman any other offence under section 42,
as respects which the corresponding offence under the law of
England and Wales is theft, and
that it is necessary to seize it in order to prevent the evidence The powers of seizure in subsections
(2)
and
(3)
include power to in which it can be taken away and which it is visible and from which it can readily be produced in a visible and legible As soon as reasonably practicable after exercising a power of seizure the grounds on which the power was exercised, and the items seized. items subject to legal privilege, excluded material, or special procedure material.
“
“
“
“
“93ZA
Electronically tracked stolen goods: search without warrant
(1)
or marine captain or flight lieutenant may authorise a service
policeman to—
(a)
and
(b)
(2)
satisfied that—
(a)
(i)
(ii)
(iii)
frustrated or seriously prejudiced if no search could be
carried out before the time mentioned in subsection
(3)
, and
(b)
items (or any of them) are, or have at some time since they are
believed to have been stolen been, on the specified premises.
(3)
which it would be practicable—
(a)
section 83 authorising the entry and search of the premises, or
(b)
warrant under section 8 of PACE or any other enactment
authorising the entry and search of the premises, for a member
of such a force to obtain and execute such a warrant.
(4)
writing.
(5)
officer must record in writing—
(a)
(b)
mentioned in subsection
(2)
.
(6)
be exercised only—
(a)
(b)
the authorisation is given, and
(c)
that exercising them at a reasonable hour may frustrate or
seriously prejudice the purpose of exercising them).
(7)
purpose of searching the specified premises for the specified items.
(8)
the service policeman seeks to enter and search them, the service
policeman must—
(a)
(b)
the premises.
(9)
location, determined by electronic means, of an item.
93ZB
Seizure on search under section
93ZA
(1)
(2)
premises (whether or not it is a specified item) if the service policeman
has reasonable grounds to believe—
(a)
(b)
concealed, lost, damaged, altered or destroyed.
(3)
premises (whether or not it is a specified item) if the service policeman
has reasonable grounds to believe—
(a)
(i)
is investigating, or
(ii)
(b)
being concealed, lost, damaged, altered or destroyed.
(4)
require information which is stored in an electronic form and is
accessible from the premises to be produced in a form—
(a)
legible, or
(b)
form.
(5)
conferred by this section, the service policeman must record in
writing—
(a)
(b)
93ZC
Sections
93ZA
and
93ZB
: supplementary
(1)
(a)
(b)
(c)
(2)
(3)
(4)
excluded material”
items subject to legal privilege”
relevant residential premises”
special procedure material”.”
Where an electronic device has been lawfully seized, a senior officer may
authorise an enforcement officer to extract information accessible by means
of one or more online accounts which were accessed by means of the device
before it was seized.
A senior officer may give an authorisation under subsection
(1)
only if satisfied
that there are reasonable grounds to believe that—
the information mentioned in subsection
(1)
includes information that
is relevant to a reasonable line of enquiry which is being, or is to be
pursued, by an enforcement officer for one or more relevant purposes,
and
it is not reasonably practicable to obtain that information by other
means.
The power conferred by virtue of subsection
(1)
may be exercised only to
extract information—
which was accessible by means of the online accounts at the time the
device was seized, and
An authorisation under subsection (1) also confers powers to—
access an online account of the kind mentioned in that subsection, and
examine any information accessible by means of such an account.
A person who is given an authorisation under subsection
(1)
may arrange
for a person to exercise the powers conferred by the authorisation on their
behalf.
For the purposes of this section, each of the following are “relevant
purposes”—
in every case, the purpose of preventing, detecting, investigating or
prosecuting crime;
in a case where the device mentioned in subsection
(1)
was seized
under section 43E of the Terrorism Act 2000, the purpose of protecting
the public from the risk of terrorism;
in a case where the device was seized under Schedule 5 to the
Terrorism Prevention and Investigation Measures Act 2011, a purpose
connected with—
protecting members of the public from a risk of terrorism, or
preventing or restricting an individual's involvement in
terrorism-related activity;
in a case where the device was seized under Schedule 11 to the
National Security Act 2023, a purpose connected with—
protecting the United Kingdom from the risk of acts or threats
within section 33(3) of that Act, or
preventing or restricting an individual's involvement in foreign
power threat activity.
In this Act, “online account” means an account by means of which information
held on a service provided by means of the internet is made accessible.
References in this Act to the extraction of information include its reproduction
in any form.
An authorisation under section 130 may be given—
orally or in writing;
subject to specified conditions.
An authorisation under section
130
must specify each of the online accounts
in respect of which it is given.
As soon as reasonably practicable after giving an authorisation under section 130 , a senior officer must record in writing—
if the authorisation was given orally, the authorisation (including any
conditions to which it is subject), and
Section
130
does not limit any other power relating to the extraction of
information or otherwise.
In section 130 —
“enforcement officer” means a person listed in the first column of the
following table, and
“senior officer”, in respect of an enforcement officer, means a person
listed in the corresponding entry in the second column of the table.
|
Enforcement officer |
Senior officer |
|---|---|
|
a constable of a police force in England and Wales |
a constable of at least the rank of inspector |
|
a constable within the meaning of Part 1 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) (see section 99 of that Act) |
a constable of at least the rank of inspector |
|
a police officer within the meaning of the Police (Northern Ireland) Act 2000 (see section 77(1) of that Act) |
a police officer of at least the rank of inspector |
|
an officer appointed by the Police Ombudsman for Northern Ireland under section 56(1) or (1A) of the Police (Northern Ireland) Act 1998 |
an officer of at least the rank of inspector |
|
a member of a civilian police staff |
a constable of at least the rank of inspector |
|
a constable of the British Transport Police Force |
a constable of at least the rank of inspector |
|
a constable of the Ministry of Defence police |
a constable of at least the rank of inspector |
|
a member of the Royal Navy Police or any other person who is under the direction and control of the Provost Marshal of the Royal Naval Police |
a member of the Royal Navy of at least the rank of lieutenant |
|
a member of the Royal Military Police or any other person who is under the direction and control of the Provost Marshal of the Royal Military Police |
a member of the Royal Military of at least the rank of captain |
|
a member of the Royal Air Force Police or any other person who is under the direction and control of the Provost Marshal of the Royal Air Force Police |
a member of the Royal Air Force of at least the rank of flight lieutenant |
|
a member of the tri-service serious crime unit described in section 375(1A) of the Armed Forces Act 2006 or any other person who is under the direction and control of the Provost Marshal for serious crime |
a member of the Royal Navy, Royal Military or Royal Air Force of at least the rank of lieutenant, captain or flight lieutenant |
|
a National Crime Agency officer |
a National Crime Agency officer of grade 3 or above |
|
an officer of Revenue and Customs |
an officer of Revenue and Customs of at least the grade of higher officer |
|
a member of the Serious Fraud Office |
a member of the Serious Fraud Office of grade 7 or above |
|
a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 |
an immigration officer of at least the rank of chief immigration officer |
|
an officer of the department of the Secretary of State for Business and Trade, so far as relating to the Insolvency Service |
an officer of the department of the Secretary of State for Business and Trade, so far as relating to the Insolvency Service, of grade 7 or above |
|
an officer of the department of the Secretary of State for Health and Social Care authorised to conduct investigations on behalf of the Secretary of State |
an officer of the department of the Secretary of State for Health and Social Care authorised to conduct investigations on behalf of the Secretary of State of grade 7 or above |
|
an officer of the NHS Counter Fraud Authority |
an officer of the NHS Counter Fraud Authority of at least pay band 8b |
The Secretary of State may by regulations amend the table in subsection (1) —
so as to add a reference to a person,
so as to remove a reference to a person, or
so as to modify a description of a person mentioned in that table.
In section 130 —
“
crime” means—
conduct which constitutes one or more criminal offences in
any part of the United Kingdom, or
conduct which, if it took place in any part of the United
Kingdom, would constitute one or more criminal offences;
“
criminal offence” includes—
a service offence within the meaning of the Armed Forces Act
2006, and
an SDA offence within the meaning of the Armed Forces Act
2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059);
“
involvement in foreign power threat activity” has the same meaning as
in Part 2 of the National Security Act 2023 (see section 62(1) of that
Act);
“
terrorism” has the same meaning as in the Terrorism Act 2000 (see
section 1(1) to (4) of that Act).
References in section
130
to an electronic device which has been lawfully
seized include—
a device possession of which has been taken under—
section 448(3) of the Companies Act 1985;
section 2(5) of the Criminal Justice Act 1987;
a device which has been produced in compliance with—
a notice under section 2(3) of the Criminal Justice Act 1987;
a notice under section 197 of the National Health Service Act
2006.
This section applies where—
it appears to any person accessing the information as a result of the
exercise of that power that the information is, or contains, confidential
information.
Subject to subsections
(3)
and
(7)
, as soon as reasonably practicable after
accessing the confidential information, the person must ensure that—
the information is made inaccessible, or
where the extraction involved a copy being made of the confidential
information, the copy is destroyed.
The duty in subsection (2) does not apply if—
the confidential information is comprised in other information which
is not confidential information, and
Where the duty in
subsection (2)
is so disapplied, the person accessing the
confidential information must ensure that it is not—
examined or copied, or
In this section “confidential information” means information which constitutes
or may constitute—
confidential journalistic material within the meaning of the
Investigatory Powers Act 2016 (see section 264(6) and (7) of that Act),
or
protected material.
In this section “protected material” means—
so far as this section applies to England and Wales—
items subject to legal privilege, within the meaning of the Police
and Criminal Evidence Act 1984 (see section 10 of that Act);
excluded material within the meaning of that Act (see section
11 of that Act);
special procedure material within the meaning of that Act (see
section 14 of that Act);
so far as this section applies to Scotland—
items in respect of which a claim to confidentiality of
communications could be maintained in legal proceedings;
other material of a kind mentioned in paragraph (a)(ii) or (iii)
of this subsection;
so far as this section applies to Northern Ireland—
items subject to legal privilege within the meaning of the Police
and Criminal Evidence (Northern Ireland) Order 1989 (S.I.
1989/1341 (N.I. 12)) (see Article 12 of that Order);
excluded material within the meaning of that Order (see Article
13 of that Order);
special procedure material within the meaning of that Order
(see Article 16 of that Order).
The Secretary of State must prepare a code of practice about—
the exercise of the powers conferred by such an authorisation.
The code may make different provision for different purposes or areas.
In preparing the code, the Secretary of State must consult—
the Information Commissioner,
the Investigatory Powers Commissioner,
the Scottish Ministers,
the Department of Justice in Northern Ireland, and
such other persons as the Secretary of State considers appropriate.
After preparing the code, the Secretary of State must lay it before Parliament
and publish it.
After the Secretary of State has complied with subsection
(4)
, the Secretary
of State may bring the code into force by regulations.
After the code has come into force the Secretary of State may from time to
time revise it.
A person must have regard to the code of practice for the time being in force
under this section in exercising, or deciding whether to exercise, the powers
mentioned in subsection
(1)
.
A failure on the part of a person to act in accordance with the code does not
of itself render the person liable to any criminal or civil proceedings.
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.
The duty to consult in subsection
(3)
does not apply in relation to the
preparation of a revised code if the Secretary of State considers that the
proposed revisions are insubstantial.
“Extraction of online information
11B
(1)
This paragraph applies where an electronic device is detained under
paragraph 11 after having been—(a)
searched or found on a search under paragraph 8, or
(b)
examined under paragraph 9.
(2)
A relevant senior officer may authorise a constable to extract
information accessible by means of one or more online accounts which were accessed by means of the device before the search or examination began.(3)
The power conferred by virtue of sub-paragraph (2) may be
exercised only to extract information which was accessible by means of the online accounts at the time the search or examination began.(4)
An authorisation under sub-paragraph (2) also confers powers to—
(a)
access an online account of the kind mentioned in that
sub-paragraph, and(b)
examine any information accessible by means of such an
account.(5)
(6)
The powers conferred by virtue of this paragraph are exercisable
only for so long as the electronic device continues to be detained under paragraph 11.(7)
A constable who is given an authorisation under sub-paragraph (2) may arrange for another person to exercise the powers conferred by the authorisation on their behalf.
(8)
In this paragraph—
“
online account” means an account by means of which
information held on a service provided by means of the internet is made accessible;“
relevant senior officer”, in relation to a constable who is given
an authorisation under sub-paragraph (2) , means another constable who—(a)
is of a higher rank than the constable who is given
the authorisation, and(b)
has not been directly involved in the exercise of any
power under this Part of this Schedule to take the electronic device or to question a person from whom the device was taken.(9)
References in this paragraph and paragraph 11C to the extraction
of information include its reproduction in any form.11C
Any information which has been extracted by virtue of paragraph 11B may be retained by a constable—
(a)
for so long as is necessary for the purpose of determining
whether a person falls within section 40(1)(b),(b)
while the constable believes that it may be needed for use
as evidence in criminal proceedings, or(c)
while the constable believes that it may be needed in
connection with a decision by the Secretary of State whether to make a deportation order under the Immigration Act 1971.”
In Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border This paragraph applies where an electronic device is retained under searched or found on a search under paragraph 8, or examined under paragraph 9. A relevant senior officer may authorise a constable to extract The power conferred by virtue of sub-paragraph
(2)
may be An authorisation under sub-paragraph
(2)
also confers powers to— access an online account of the kind mentioned in that examine any information accessible by means of such an The powers conferred by virtue of this paragraph are exercisable A constable who is given an authorisation under sub-paragraph
(2)
may arrange for another person to exercise the powers conferred
by the authorisation on their behalf.
Where a constable makes such an arrangement, the person exercising In this paragraph—
“
“ is of a higher rank than the constable who is given has not been directly involved in the exercise of any References in this paragraph and paragraph
22B
to the extraction Any information which has been extracted by virtue of paragraph
22A
may be retained by a constable— for so long as it is necessary for the purpose of determining while the constable believes that it may be needed for use while the constable believes that it may be needed in while the constable believes it necessary to retain the in the interests of national security, in the interests of the economic well-being of the for the purpose of preventing or detecting an act of while the constable believes it necessary to retain the Paragraphs 18 to 22 apply to information consisting of or including Paragraph 19 is to be read as if— the references in sub-paragraph (3)(c) and (6) to the person the reference in sub-paragraph (7) to the person from whom Paragraph 22 is to be read as if—
security), after
paragraph 22
insert—
“Extraction of online information
22A
(1)
paragraph 11 after having been—
(a)
(b)
(2)
information accessible by means of one or more online accounts
which were accessed by means of the device before the search or
examination began.
(3)
exercised only to extract information which was accessible by means
of the online accounts at the time the search or examination began.
(4)
(a)
sub-paragraph, and
(b)
account.
(5)
(6)
only for so long as the electronic device continues to be retained
under paragraph 11.
(7)
(8)
those powers on their behalf is to be treated as an examining officer
for the purposes of Part 4 of this Schedule.
(9)
online account” means an account by means of which
information held on a service provided by means of the
internet is made accessible;
relevant senior officer”, in relation to a constable who is given
an authorisation under sub-paragraph
(2)
, means another
constable who—
(a)
the authorisation, and
(b)
power under this Part of this Schedule to take the
electronic device or to question a person from whom
the device was taken.
(10)
of information include its reproduction in any form.
22B
(a)
whether a person is or has been engaged in hostile activity,
(b)
as evidence in criminal proceedings,
(c)
connection with a decision by the Secretary of State whether
to make a deportation order under the Immigration Act 1971,
(d)
information—
(i)
(ii)
United Kingdom so far as those interests are also
relevant to the interests of national security, or
(iii)
serious crime, or
(e)
information to prevent death or significant injury.
22C
(1)
confidential material that is retained by virtue of paragraph
22B
(d)
or
(e)
as they apply to a copy consisting of or including confidential
material that is retained by virtue of paragraph 17(3)(d) or (e), but
with the following modifications.
(2)
(3)
(a)
from whom the article was taken from which the copy was
made, and
(b)
an article was taken from which a copy was made,
(4)
(5)
(6)
(a)
Schedule 14 amends Chapter 3 of Part 2 of the Police, Crime, Sentencing and Courts Act 2022 (extraction of information from electronic devices) in relation to the extraction of information accessible by means of online accounts.
The Investigatory Powers Act 2016 is amended as follows.
“48A Interception for accessing online accounts
(1)
The interception of a relevant communication transmitted by means
of a telecommunications system is authorised by this subsection if—(a)
the interception is carried out by or on behalf of a person who
has been authorised under a relevant power to access one or more online accounts, and(b)
the interception is carried out for the purpose of enabling the
person to access those online accounts.(2)
A “relevant communication” means a communication transmitted as
part of a process used to—(a)
establish or verify the identity of a person, or
(b)
establish or verify that a person is a natural person.
(3)
A “relevant power” means a power conferred by—
(a)
paragraph 11B of Schedule 7 to the Terrorism Act 2000;
(b)
paragraph 22A of Schedule 3 to the Counter-Terrorism and
Border Security Act 2019;(c)
section 37(1A) of the Police, Crime, Sentencing and Courts Act
2022 by virtue of section 40 of that Act;(d)
section 41(1A) of that Act;
(e)
section 130 of the Crime and Policing Act 2025.
(4)
The interception of a communication transmitted by means of a
telecommunications system is authorised by this section if it is incidental to, or is reasonably carried out in connection with, conduct that is authorised by virtue of subsection (1) .(5)
In this section “online account” means an account by means of which
information held on a service provided by means of the internet is made accessible.”
In section 229 (main oversight functions), in subsection (4)(e)(i), after “47”
insert “, 48A”.
In the
Criminal Justice and Court Services Act 2000
, for
section 71
substitute— The Secretary of State may in accordance with this section make driver The Secretary of State must in regulations made for the purposes of Driver information regulations must specify the circumstances in which Driver information regulations may in particular make provision— specifying conditions that must be met for a person to be (or specifying conditions that must be met before information may imposing requirements relating to the receipt and use of restricting the kind of information that may be made available about the purposes for which, and the circumstances in which, Before making driver information regulations, the Secretary of State the Scottish Ministers, the Department of Justice in Northern Ireland, the National Police Chiefs' Council, such persons as appear to the Secretary of State to represent such other persons as the Secretary of State considers This section does not (and driver information regulations may not) In this section—
“
“
“ In
section 71
“authorised person” means a person specified in the first
Person
Authorising officer
a constable
the person whose direction and
control the constable is under
a member of civilian police staff
the person whose direction and
control the member of civilian
police staff is under
a police volunteer designated
under
section 38
of the
Police
the chief officer of police whose
direction and control the police
volunteer is under
a National Crime Agency officer
the Director General of the
National Crime Agency
a member, or a member of the
staff, of the Independent Office
of Police Conduct
the Director General of the
Independent Office of Police
Conduct
a member of the staff of the
Police Investigations and Review
Commissioner
the Police Investigations and
Review Commissioner
an officer of the Police
Ombudsman for Northern Ireland
the Police Ombudsman for
Northern Ireland
a member of a service police
force, or any other person who is
under the direction and control
of a Provost Marshal
the relevant Provost Marshal
a person appointed as an
investigating officer by, or a
member of the staff of, the
Service Police Complaints
Commissioner
the Service Police Complaints
Commissioner
Isle of Man
a member of the Isle of Man
Constabulary, or an employee of
the Isle of Man Public Services
Commission
the Chief Constable of the Isle of
Man Constabulary
an officer of customs and excise,
or an immigration officer, of the
Isle of Man
the Treasury Minister of the Isle
of Man
a member of staff of the Financial
Intelligence Unit of the Isle of
Man
the Director of the Financial
Intelligence Unit of the Isle of
Man
Jersey
a member of the States of Jersey
Police Force
the Chief Officer of the States of
Jersey Police Force
a deputy Agent of the Impôts, or
an officer of the Impôts, of the
Bailiwick of Jersey
the Agent of the Impôts of the
Bailiwick of Jersey
a member or employee of the
Jersey Financial Intelligence Unit
the Director of the Jersey
Financial Intelligence Unit
an employee of the Law Officers’
Department
His Majesty’s Attorney General
for Jersey
Guernsey
a member of the salaried police
force of the Island of Guernsey,
or an employee of the States of
Guernsey
the Chief Officer of the salaried
police force of the Island of
Guernsey
the Chief Officer of Customs and
Excise of the Bailiwick of
Guernsey
the Director of the Economic and
Financial Crime Bureau of the
Bailiwick of Guernsey
a member of staff of the Financial
Intelligence Unit of the Bailiwick
of Guernsey
the Head of the Financial
Intelligence Unit of the Bailiwick
of Guernsey
Gibraltar
a member of the Royal Gibraltar
Police
the Commissioner of the Royal
Gibraltar Police
a member of the Gibraltar
Defence Police
the Chief Officer of the Gibraltar
Defence Police
a member of civilian staff in the
Gibraltar Defence Police
the person whose direction and
control the member of civilian
staff is under
In the table—
“ is— employed, or engaged to provide services, for under the direction and control of a person who is under the direction and control of the chief constable
“
“ in relation to a member of a service police force— the Provost Marshal of that service police force, in the case of a member of the tri-service serious in relation to any other person who is under the
“ The Secretary of State may issue a code of practice about the receipt The code may make different provision for different purposes or In preparing a code of practice, the Secretary of State must consult— the Scottish Ministers, the Department of Justice in Northern Ireland, and such other persons as the Secretary of State considers The Secretary of State may revise a code of practice issued under this The Secretary of State must lay before Parliament and publish any Any person to whom information is made available under
section 71
must have regard to any code of practice issued under this section.
The Secretary of State must in relation to each calendar year prepare
This is subject to
subsection (3)
(period to which first report relates).
The Secretary of State must publish each report before 1 July in the The first report is to relate to the period beginning with the In
subsection (3)
, “the commencement day” means the day on which
section 138
of the Crime and Policing Act 2025 comes into force.”
“71
Access to driver licensing information
(1)
licensing information available for use by authorised persons for
purposes relating to policing or law enforcement.
(2)
this section (“driver information regulations”) make provision about
the making available of driver licensing information under this section.
(3)
information may be made available under this section.
(4)
(a)
remain) authorised to receive information under this section;
(b)
be made available under this section;
(c)
information made available under this section;
(d)
to, or the purposes for which information may be used by,
specified descriptions of authorised persons;
(e)
information made available under this section may be further
disclosed (including provision about the persons to whom it
may be disclosed).
(5)
must consult—
(a)
(b)
(c)
(d)
the views of police and crime commissioners, and
(e)
appropriate.
(6)
authorise a disclosure of information if the disclosure would contravene
the data protection legislation (but in determining whether a disclosure
would do so, take into account the power conferred by or under this
section).
(7)
authorised person” has the meaning given in
section 71A
;
data protection legislation” has the same meaning as in the
Data
Protection Act 2018
(see section 3 of that Act);
driver licensing information” means any information held, in
any form, by the Secretary of State for the purposes of
Part 3
of the
Road Traffic Act 1988
.
71A
Section 71
: meaning of “authorised person”
(1)
column of the following table who is authorised by the person specified
in the corresponding entry in the second column of the table to receive
information under that section.
Reform Act 2002
an officer of customs and excise,
or an immigration officer, of the
Bailiwick of Guernsey
a person authorised to exercise a
function of the Director of the
Economic and Financial Crime
Bureau of the Bailiwick of
Guernsey
(2)
member of civilian police staff” means a person who is not a
constable but who—
(a)
(i)
the purposes of a body of constables and,
(ii)
has the direction and control of a body of
constables, or
(b)
of the Ministry of Defence Police;
officer”, in relation to the Police Ombudsman for Northern
Ireland, means an officer of the Ombudsman within the
meaning of Part 7 of the Police (Northern Ireland) Act 1998
(see section 50 of that Act);
relevant Provost Marshal” means—
(a)
(i)
or
(ii)
crime unit described in
section 375
(1A)
of the
Armed Forces Act 2006
, the Provost Marshal for
serious crime;
(b)
direction and control of a Provost Marshal, that Provost
Marshall;
service police force” has the same meaning as in the
Armed
Forces Act 2006
(see section 375(1) of that Act).
71B
Code of practice about access to driver licensing information
(1)
and use of information made available under
section 71
.
(2)
different areas.
(3)
(a)
(b)
(c)
appropriate.
(4)
section; and
subsection (3)
applies in relation to revising a code as it
applies in relation to preparing a code.
(5)
code of practice issued or revised under this section.
(6)
71C
Driver licensing information: annual report
(1)
a report about the use of information made available under
section
71
.
(2)
year following the year to which the report relates.
(3)
commencement day and ending at the end of the year in which that
day falls.
(4)
The Police and Criminal Evidence Act 1984 is amended as set out in subsections (2) to (4) .
In
section 63B
(testing for presence of Class A drugs), for “Class A” (in each
place it appears, including the heading) substitute “controlled”.
In section 63C (testing for presence of Class A drugs: supplementary)—
in the heading, for “Class A” substitute “controlled”;
“(6)
In section 63B —
(a)
“misuse” has the same meaning as in the Misuse of
Drugs Act 1971 ;(b)
“specified controlled drug” means a controlled drug
(within the meaning of the Misuse of Drugs Act 1971 ) specified in regulations made by the Secretary of State by statutory instrument;(c)
“trigger offence” means an offence specified in Schedule
2B .(7)
In Schedule 2B , “specified controlled drug” has the same
meaning as in section 63B.(8)
The Secretary of State may by regulations made by statutory
instrument amend Schedule 2B .(9)
Regulations under this section—
(a)
may make different provision for different purposes or
different areas, and(b)
may make transitional, transitory or saving provision.
(10)
A statutory instrument containing regulations under subsection
(8) (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.(11)
Any other statutory instrument containing regulations under
this section is subject to annulment in pursuance of a resolution of either House of Parliament.”
After Schedule 2A insert the Schedule set out in Schedule 15 to this Act.
In
Schedule 1
to the
Bail Act 1976
(persons entitled to bail: supplementary
provisions), in
Part 1
(defendants accused or convicted of imprisonable
offences), in paragraph 6B(1)(b)(i), for “Class A” substitute “controlled”.
in section 70 (interpretation, etc)—
in subsection (1) , omit the definition of “trigger offence”;
omit subsections (2) and (4) ;
in
section 76
(subordinate legislation), in
subsection (5)
(a)
, for “, 57(5)
or 70(2)” substitute “or 57(5)”;
omit Schedule 6 (trigger offences).
The Drugs Act 2005 is amended as follows.
In
section 9
(initial assessment following testing for presence of Class A drugs),
for “Class A” (in each place it appears, including the heading) substitute
“controlled”.
In
section 10
(follow-up assessment), in
subsection (4)
, for “Class A” substitute
“controlled”.
In section 16 (samples submitted for further analysis), in subsection (1) (b) , for “Class A” substitute “controlled”.
In section 17 (relationship with the Bail Act 1976 etc)—
“(1)
Subsection (1A) applies if a requirement is imposed on a person
by virtue of section 9(2) or 10(2) and at any time before the person has fully complied with the requirement—(a)
the person is charged with the related offence, and
(b)
a court imposes on the person a condition of bail under section 3 (6D) of the Bail Act 1976 (duty to impose
condition to undergo relevant Class A drug assessment etc).(1A)
For the purposes of the requirement—
(a)
section 9(3)(a) or 10(4) applies as if for “specified
controlled drug” there were substituted “specified controlled drug that is not a Class A drug”, and(b)
accordingly, the required initial or follow-up assessment
(and any care plan within the meaning of section 10(4)) is in respect of the person’s dependency upon or propensity to misuse any specified controlled drug that is not a Class A drug only.”;
in subsection (5) —
after “subsection (1)” insert “and (1A) ”;
for “ceases to have effect” (in each place it appears) substitute
“is modified by subsection
(1A)
”.
In section 19 (interpretation)—
in subsection (2) , after “drug”” insert “, “controlled drug””;
“(3)
“Specified controlled drug” means a controlled drug specified
in regulations under section 63C (6) (b) of PACE.”
Section 63B
of the
Police and Criminal Evidence Act 1984
(testing for presence
of drugs) is amended as follows.
“(d)
either a sample has not been taken from the person under this
section during the period of the person’s detention or the additional sample condition is met.”
In
subsections (1A)
(b)
and
(2)
(b)
, for “sample to be taken” substitute “taking
of samples in accordance with this section”.
“(4C)
The additional sample condition is that one sample (only) has been
taken from the person under this section during the period of the person’s detention but—(a)
it was not suitable for the same means of analysis, or
(b)
it proved insufficient.”
In subsection (5) —
in the words before
paragraph (a)
, after “must” insert “, if no sample
has been taken from the person under this section during the period
of the person’s detention”;
in
paragraph (a)
, for “to do so” substitute “to give any sample which
may be taken under this section”.
In subsection (5B) —
in the words before paragraph (a) , omit the words from “no” to “but”;
in
paragraph (a)
, for “that period” substitute “the same continuous
period of detention”.
The Police and Criminal Evidence Act 1984 is amended as follows.
In section 37 (duties of custody officer before charge) omit subsections (8A) and (8B) .
In section 38 (duties of custody officer after charge)—
in subsection (1) —
in paragraph (a) , omit sub-paragraph (iiia) ;
in
paragraph (b)
, in
sub-paragraph (i)
omit the words from
“(but” to “age)”;
in subsection (2) omit the words from “but” to the end;
in subsection (6A) , omit the definition of “minimum age”.
In
section 63B
of the
Police and Criminal Evidence Act 1984
(testing for
presence of drugs)—
in subsection (1) omit paragraph (c) ;
omit subsections (4A) and (4B) ;
in subsection (10) , omit the definition of “relevant chief officer”.
In
section 7
of the
Drugs Act 2005
(testing for presence of Class A drugs),
omit
subsections (7)
,
(13)
and
(14)
.
in subsection (1) —
at the end of paragraph (b) insert “and”;
after paragraph (c) , for “, and” substitute “.”;
omit paragraph (d) ;
omit subsections (5) to (7) .
In section 10 of that Act (follow-up assessment)—
in subsection (1) —
at the end of paragraph (a) insert “and”;
after paragraph (b) , for “, and” substitute “.”;
omit paragraph (c) ;
omit subsections (6) to (8) .
In section 22(3G) of the Criminal Justice Act 2003 (conditional cautions: an offender who has limited leave to enter or remain in the
meaning of “relevant foreign offender”) before paragraph (a) insert—
“(za)
United Kingdom (within the meaning of the Immigration Act
1971),”.
In section 103(4) of the Police, Crime, Sentencing and Courts Act 2022 an offender who has limited leave to enter or remain in the
(diversionary cautions: meaning of “relevant foreign offender”) before
paragraph (a) insert—
“(za)
United Kingdom (within the meaning of the Immigration Act
1971),”.
Schedule 16 makes provision about confiscation orders in England and Wales.
Schedule 17 makes provision about confiscation orders in Northern Ireland.
Schedule 18 makes provision about confiscation orders in Scotland.
“Proceedings for civil recovery: costs and expenses
288A Costs orders and expenses orders
(1)
The court may not make an order that any costs or, in Scotland,
expenses of proceedings under this Chapter are payable by the enforcement authority, unless—(a)
the authority acted unreasonably in taking the proceedings,
making or opposing the application to which the proceedings relate, or supporting or opposing the making of the order to which the proceedings relate,(b)
the authority acted dishonestly or improperly in the course of
the proceedings, or(c)
it would be just and reasonable to make such an order, and
for this purpose it is not to be assumed that it is generally just and reasonable for the unsuccessful party to pay.(2)
A reference in subsection (1) to proceedings under this Chapter
includes any appeal arising out of proceedings under this Chapter.”
The amendment made by
subsection (1)
does not apply in relation to costs
or, in Scotland, expenses—
of proceedings for a recovery order that are started before the day on
which this section comes into force (“the commencement day”), or
that are incurred in respect of a pre-commencement interim application.
A “pre-commencement interim application” means an application, made by
the enforcement authority before the commencement day, for a property
freezing order, an interim receiving order, a prohibitory property order or
an interim administration order (including such an application made in relation
to proceedings for a recovery order that are started on or after the
commencement day).
Terms used in this section and in Chapter 2 of Part 5 of the Proceeds of Crime
Act 2002 have the same meaning in this section as they have in that Chapter
(see section 316 of that Act).
Section 28 of the Offender Management Act 2007 (application of polygraph
condition) is amended as follows.
In subsection (1), after “applies” insert “(see subsections (2), (2A) and (2B))”.
“(2A)
This section also applies to a person serving a relevant custodial
sentence in respect of an offence of murder who—(a)
the Secretary of State considers poses a risk of committing a
relevant sexual offence on release,(b)
is released on licence by the Secretary of State under any
enactment, and(c)
is aged 18 or over on the day the person is released.
(2B)
This section also applies to a person serving a relevant custodial
sentence in respect of an offence who—(a)
at any earlier time during that sentence was concurrently
serving a relevant custodial sentence in respect of a relevant sexual offence,(b)
is released on licence by the Secretary of State under any
enactment, and(c)
is aged 18 or over on the day the person is released.”
In subsection (4A)—
omit the “or” before paragraph (c);
(d)
an offence within any of subsections (4BA) to (4BC) which the Secretary of State is satisfied—
(i)
was, or took place in the course of, an act of
terrorism, or(ii)
was committed for the purposes of terrorism.”
“(c)
in paragraph (d) “terrorism” has the same meaning as in the
Terrorism Act 2000 (see section 1 of that Act).”
“(4BA)
An offence is within this subsection if—
(a)
it was committed before 18 June 2009,
(b)
it was punishable with imprisonment for more than 2 years,
and(c)
it is not specified in Schedule A1 to the Sentencing Code (and,
in the case of a service offence, the corresponding offence is not so specified).(4BB)
An offence is within this subsection if—
(a)
it was committed on or after 18 June 2009 but before 29 June
2021,(b)
it was punishable with imprisonment for more than 2 years,
(c)
it is not specified in Schedule A1 to the Sentencing Code,
(d)
it was not an offence in relation to which section 30 or 31 of
the Counter-Terrorism Act 2008 or section 69 of the Sentencing Code applied (and was not an offence in relation to which section 31 of the Counter-Terrorism Act 2008 would have applied if paragraph (b) of subsection (1) of that section were omitted), and(e)
it is not a service offence.
(4BC)
An offence is within this subsection if—
(a)
it is a service offence,
(b)
it was committed on or after 18 June 2009 but before any day
specified for the coming into force of section 1 of the Counter-Terrorism and Sentencing Act 2021 for the purposes of section 69 of the Sentencing Code as applied by section 238 of the Armed Forces Act 2006,(c)
it was punishable with imprisonment for more than 2 years,
(d)
it was not an offence in relation to which section 32 of the
Counter-Terrorism Act 2008 or section 69 of the Sentencing Code applied, and(e)
the corresponding offence is not specified in Schedule A1 to
the Sentencing Code.”
In subsection (4C) after “section” insert “(except subsections (4BA) to (4BC) )”.
In subsection (4D) for “subsection (4C)” substitute “subsections (4BA) to (4C)”.
The Sentencing Code is amended as follows.
“97A Duty of offender to notify details to panel
(1)
This section applies where—
(a)
a referral order has been made in relation to an offender and
has not been revoked or discharged, and(b)
a youth offender contract has taken effect between the offender
and a youth offender panel.(2)
The offender must notify the relevant member of the panel of—
(a)
each name which the offender uses but which was not
mentioned in the referral order, and(b)
each of the offender’s telephone numbers and email addresses
(if any).(3)
The offender must comply with subsection (2) in relation to a name,
telephone number or email address as soon as reasonably practicable after the contract takes effect or the person first uses that name or obtains that telephone number or email address.(4)
An obligation under subsection (2) takes effect as if it were a term of
the youth offender contract.(5)
The “relevant member” of the panel is the member of the panel who,
in accordance with arrangements made by the panel, is for the time being responsible for receiving notifications under this section.(6)
The relevant member of the panel must be someone who is also a
member of the specified youth offending team.(7)
The panel must give the offender written notification of the name and
contact details of the relevant member of the panel.(8)
This section applies in relation to referral orders made before (as well
as those made after) this section comes into force.”
In section 193 (youth rehabilitation orders: duty of offender to keep in touch
with responsible officer etc)—
“(b)
must notify the responsible officer of—
(i)
any name which the offender uses but which is
not mentioned in the youth rehabilitation order,(ii)
each of the offender’s telephone numbers and
email addresses (if any), and(iii)
any change of address.”;
in subsection (3), for “This obligation” substitute “An obligation under
subsection (2)”;
“(4)
This section applies in relation to youth rehabilitation orders
made before (as well as those made after) section 148 of the Crime and Policing Act 2025 comes into force.”
In section 215 (community orders: duty of offender to keep in touch with
responsible officer)—
in the heading, at the end insert “etc”;
“(2)
In the case of any community order (whenever the offender
was convicted), the offender—(a)
must keep in touch with the responsible officer in
accordance with any instructions the responsible officer may give the offender from time to time, and(b)
must notify the responsible officer of—
(i)
any name which the offender uses but which is
not mentioned in the community order, and(ii)
each of the offender’s telephone numbers and
email addresses (if any).(2ZA)
in subsection (3) for “This obligation” substitute “An obligation under
this section”;
“(4)
The obligations under subsection (2) apply in relation to
community orders made before (as well as those made after) section 148 of the Crime and Policing Act 2025 comes into force.”
In section 301 (suspended sentence orders: duty of offender to keep in touch
with responsible officer)—
in the heading at the end insert “etc”;
“(2)
In the case of any suspended sentence order (whenever the
offender was convicted) the offender—(a)
must keep in touch with the responsible officer in
accordance with such instructions as the responsible officer may give the offender from time to time, and(b)
must notify the responsible officer of—
(i)
any name which the offender uses but which is
not mentioned in the suspended sentence order,(ii)
each of the offender’s telephone numbers and
email addresses (if any).(2ZA)
in subsection (3) for “That obligation” substitute “An obligation under
this section”;
“(4)
The obligations under subsection (2) apply in relation to
suspended sentence orders made before (as well as those made after) section 148 of the Crime and Policing Act 2025 comes into force.”
In consequence of the amendments made by this section, in section 149 of
the Police, Crime, Sentencing and Courts Act 2022 omit subsections (2)(d)
and (3)(d).
In
paragraph 20
of
Schedule 3
to the
Police Reform Act 2002
(restrictions on a determination under
paragraph 20ZA
has been made in
proceedings pending the conclusion of an investigation), in
sub-paragraph
(1)
, before
paragraph (a)
insert—
“(za)
respect of the investigation,”.
“Accelerated procedure in special cases: criminal conduct
20ZA
(1)
At any time before the completion of an investigation of a complaint
or recordable conduct matter by the appropriate authority on its own behalf, the appropriate authority may make a determination that the conditions set out in sub-paragraphs (3) and (4) are satisfied in respect of the investigation.(2)
At any time before the completion of an investigation of a complaint
or recordable conduct matter by—(a)
the appropriate authority under the direction of the Director
General, or(b)
the Director General,
(3)
The first condition is that the investigation indicates that there is
sufficient evidence to provide a realistic prospect of conviction for a criminal offence against a person (if any) to whose conduct the investigation relates.(4)
The second condition is that—
(a)
the circumstances are such that, in the opinion of the
appropriate authority (if sub-paragraph (1) applies) or the Director General (if sub-paragraph (2) applies), it is appropriate for the matters which are the subject of the investigation to be considered by the Director of Public Prosecutions, or(b)
any matters dealt with by the investigation fall within a
prescribed category of matters.(5)
For the purposes of sub-paragraph (4) (a) , the circumstances where
the appropriate authority or the Director General may form the opinion that it is not appropriate for the matters which are the subject of the investigation to be considered by the Director of Public Prosecutions include circumstances where, in the opinion of the appropriate authority or (as the case may be) Director General, it is not in the public interest for the matters which are the subject of the investigation to be considered by the Director of Public Prosecutions.(6)
In determining whether the conditions in sub-paragraphs (3) and (4) are satisfied in respect of an investigation, the appropriate
authority or the Director General must have regard to the Code for Crown Prosecutors issued under section 10 of the Prosecution of
Offences Act 1985 (insofar as the appropriate authority or, as the case may be, Director General considers it relevant).(7)
If the appropriate authority or the Director General makes a
determination under sub-paragraph (1) or (2) that the conditions in sub-paragraphs (3) and (4) are satisfied in respect of an investigation, they must give notice of their determination to—(a)
the person to whose conduct the investigation relates,
(b)
where the investigation is of a complaint, the complainant
and every person entitled to be kept properly informed in relation to the complaint under section 21,(c)
where the investigation is of a recordable conduct matter,
every person entitled to be kept properly informed in relation that matter under section 21, and(d)
where the determination is made by the Director General,
the appropriate authority.”
“Accelerated procedure in special cases: gross misconduct”
The amendments made by
this section
do not apply in respect of an
investigation relating to a matter if, before the day on which
this section
comes into force—
a complaint was made in respect of the matter, or
the matter came to the attention of the appropriate authority or the
Director General.
Here, “the appropriate authority” and “the Director General” have the meaning given by section 29 of the Police Reform Act 2002 .
In
paragraph 23
of
Schedule 3
to the
Police Reform Act 2002
(action by the
Director General of the IOPC in response to an investigation report under
paragraph 22 of that Schedule)—
“(2A)
The first condition is that the report indicates that there is
sufficient evidence to provide a realistic prospect of conviction for a criminal offence against a person (if any) to whose conduct the investigation related.”;
“(2C)
For the purpose of sub-paragraph (2B)(a), the circumstances
where the Director General may form the opinion that it is not appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions include circumstances where, in the opinion of the Director General, it is not in the public interest for the matters dealt with in the report to be considered by the Director of Public Prosecutions.(2D)
In determining whether the conditions set out in
sub-paragraphs (2A) and (2B) are satisfied in respect of the report, the Director General must have regard to the Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (insofar as the Director General considers it to be relevant).”
In
paragraph 24
of
that Schedule
(action by appropriate authority in response
to an investigation report under paragraph 22 of that Schedule)—
“(2A)
The first condition is that the report indicates that there is
sufficient evidence to provide a realistic prospect of conviction for a criminal offence against a person (if any) to whose conduct the investigation related.”
“(2C)
For the purpose of sub-paragraph (2B)(a), the circumstances
where the appropriate authority may form the opinion that it is not appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions include circumstances where, in the opinion of the appropriate authority, it is not in the public interest for the matters dealt with in the report to be considered by the Director of Public Prosecutions.(2D)
In determining whether the conditions set out in
sub-paragraphs (2A) and (2B) are satisfied in respect of the report, the appropriate authority must have regard to the Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (insofar as the appropriate authority considers it to be relevant).”
In paragraph 25 of that Schedule (reviews with respect to an investigation)—
in
sub-paragraph (4F)
, for “a criminal offence may have been
committed by” substitute “there is sufficient evidence to provide a
realistic prospect of conviction for a criminal offence against”;
“(4FA)
For the purposes of sub-paragraph (4F)(a), the circumstances
where the relevant review body may form the opinion that it is not appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions include circumstances where, in the opinion of the relevant review body, it is not in the public interest for the matters dealt with in the report to be considered by the Director of Public Prosecutions.(4FB)
In making a determination under sub-paragraph (4F), the
relevant review body must have regard to the Code for Crown Prosecutors issued under section 10 of the Prosecution
of Offences Act 1985 (insofar as the relevant review body considers it to be relevant).”
The amendments made by
this section
do not apply in respect of an
investigation relating to a matter (or a report on, or a review relating to, such
an investigation) if, before the day on which
this section
comes into force—
a complaint was made in respect of the matter, or
the matter came to the attention of the appropriate authority or the
Director General.
Here, “the appropriate authority” and “the Director General” have the meaning given by section 29 of the Police Reform Act 2002 .
After
paragraph 23
of
Schedule 3
to the
Police Reform Act 2002
insert— This paragraph applies where— the Director General proposes to make a determination under during the course of the investigation to which the report The Director General must— take such steps as the Director General considers reasonable if such a request is made within the relevant period, so In this paragraph—
“
“ whom the Director General treats as a victim in of the person mentioned in
sub-paragraph to which the report relates, and to whom the Director General considers it appropriate
“23A
(1)
(a)
paragraph 23(2)(b) that one or both of the conditions set out
in paragraph 23(2A) and (2B) are not satisfied in respect of
a report, and
(b)
relates, a person (if any) to whose conduct the report relates
was informed that the investigation was being treated as
concerning conduct in respect of which the person may be
prosecuted for a criminal offence.
(2)
(a)
to give to every relevant victim (or a person acting on such
a victim’s behalf) the opportunity to request, within the
relevant period, that the Director General reviews their
proposed determination, and
(b)
review their proposed determination before making a
determination under paragraph 23(2)(b).
(3)
the relevant period” means the period that the Director General
considers to give a relevant victim a reasonable opportunity
to request that the Director General reviews their proposed
determination;
relevant victim” means a person—
(a)
relation to an alleged criminal offence constituted by
conduct—
(i)
(1)
(b)
, and
(ii)
(b)
to give the opportunity mentioned in
sub-paragraph
(2)
(a)
.”
This section applies where in criminal proceedings in a court in England and
Wales, or in proceedings (anywhere) before a service court, a person (“D”) is
charged with a qualifying offence.
An offence is a “qualifying offence” if—
it is alleged to have been committed by D acting in the exercise of
functions as an authorised firearms officer,
the conduct alleged to constitute the offence involved the use by D of
a lethal barrelled weapon to discharge a conventional round, and
D was, at the time of the alleged offence, authorised by the relevant
authority to use that weapon with that round.
The court must—
cause the following information to be withheld from the public in
proceedings before the court, in each case unless satisfied that it would
be contrary to the interests of justice to do so—
D’s name;
D’s address;
D’s date of birth;
give a reporting direction (see section
154
) in respect of D (if one does
not already have effect), unless satisfied that it would be contrary to
the interests of justice to do so.
The court may, if satisfied that it is necessary in the interests of justice to do
so, make an anonymity order (see section
155
) in respect of D.
If D is convicted of the offence—
any restriction put in place under
subsection (3)
(a)
and any reporting
direction given, or anonymity order made, under this section in respect
of D cease to have effect at the time D is sentenced for the offence.
In subsection (1) , “authorised firearms officer” means—
a member of a relevant police force who is authorised by the relevant
chief officer to use a lethal barrelled weapon with a conventional round
in the exercise of functions as a constable,
a National Crime Agency officer who is authorised by the Director
General of the National Crime Agency to use a lethal barrelled weapon
with a conventional round in the exercise of functions as a National
Crime Agency officer,
a member of the Police Service of Scotland or the Police Service of
Northern Ireland who—
is provided under section 98 of the Police Act 1996 for the
assistance of a police force in England and Wales, and
is authorised by the relevant authority to use a lethal barrelled
weapon with a conventional round in the exercise of functions
as a constable, or
a member of the armed forces who—
is deployed in support of a relevant police force or the National
Crime Agency, and
is authorised by the Secretary of State to use a lethal barrelled
weapon with a conventional round for the purposes of that
deployment.
In this section—
“
conventional round” means any shot, bullet or other missile other than
one designed to be used without its use giving rise to a substantial
risk of causing death or serious injury;
“
lethal barrelled weapon” has the meaning given by section 57(1B) of
the Firearms Act 1968;
“
member of the armed forces” means a person who is subject to service
law (see section 367 of the Armed Forces Act 2006);
“
relevant authority” means—
in relation to a member of a relevant police force, the relevant
chief officer;
in relation to a National Crime Agency officer, the Director
General of the National Crime Agency;
in relation to a member of the Police Service of Scotland, the
Chief Constable of the Police Service of Scotland;
in relation to a member of the Police Service of Northern
Ireland, the Chief Constable of the Police Service of Northern
Ireland;
in relation to a member of the armed forces, the Secretary of
State;
“
relevant chief officer” means—
in relation to a police force in England and Wales, the chief
officer of police of that police force;
in relation to the British Transport Police Force, the Chief
Constable of the British Transport Police Force;
in relation to the Ministry of Defence Police, the Chief Constable
of the Ministry of Defence Police;
in relation to the Civil Nuclear Constabulary, the Chief
Constable of the Civil Nuclear Constabulary;
“
relevant police force” means—
a police force in England and Wales,
the British Transport Police Force,
the Ministry of Defence Police, or
the Civil Nuclear Constabulary;
“
service court” means—
the Court Martial, or
the Court Martial Appeal Court.
This section does not apply in relation to proceedings begun before the coming
into force of this section.
This section applies where a person (“D”) is convicted of a qualifying offence
in proceedings in a court in England and Wales, or proceedings (anywhere)
before a service court.
The court by or before which D is convicted may, if satisfied that it is
necessary in the interests of justice to do so—
give a reporting direction in respect of D (see section 154 );
make an anonymity order in respect of D (see section 155 ).
Any reporting direction given, or anonymity order made, under
subsection
(2)
ceases to have effect at the end of the appeal period unless, before the
end of that period, D brings an appeal against the conviction.
Where, before the end of the appeal period, D brings an appeal against the
conviction, the court dealing with the appeal may, if satisfied that it is
necessary in the interests of justice to do so—
give a reporting direction in respect of D;
make an anonymity order in respect of D.
The court dealing with the appeal must at the earliest opportunity determine
the issue of whether to exercise any or all of the powers under
subsection
(4)
.
Any reporting direction given, or anonymity order made, under
subsection
(2)
ceases to have effect upon the making of the determination mentioned in
subsection (5)
(whether or not the court dealing with the appeal gives a
direction or makes an order).
Any reporting direction given, or anonymity order made, under
subsection
(4)
ceases to have effect if the appeal against conviction is abandoned or
dismissed.
In this section—
“
appeal period” in relation to a person convicted of a qualifying offence,
means the period allowed for bringing an appeal against that
conviction, disregarding the possibility of an appeal out of time with
permission;
This section does not apply where the proceedings in which D was convicted
were begun before the coming into force of section
152
.
A reporting direction, in relation to a person (“D”) charged with (or convicted
of) a qualifying offence, is a direction that no matter relating to D may be
included in any publication if it is likely to lead members of the public to
identify D as a person who is, or was, alleged to have committed (or who
has been convicted of) the offence.
The matters relating to D in relation to which the restrictions imposed by a
reporting direction apply (if their inclusion in any publication is likely to
have the result mentioned in
subsection (1)
) include in particular—
D’s name,
D’s address,
the identity of any place at which D works, and
any still or moving image of D.
A relevant court may by direction (“an excepting direction”) dispense, to any
extent specified in the excepting direction, with the restrictions imposed by
a reporting direction if satisfied that it is necessary in the interests of justice
to do so.
An excepting direction—
may be given at the time the reporting direction is given or
subsequently;
may be varied or revoked by a relevant court.
A reporting direction has effect—
for a fixed period specified in the direction, or
indefinitely,
A reporting direction may be revoked if a relevant court is satisfied that it is
necessary in the interests of justice to do so.
In this section—
“
publication” has the same meaning as in Part 2 of the Youth Justice and
Criminal Evidence Act 1999 (see section 63 of that Act);
“
qualifying offence” has the meaning given by
section 152
(2)
;
“
relevant court”, in relation to a reporting direction, means—
the court that gave the direction,
the court (if different) that is currently dealing, or that last
dealt, with the proceedings in which the direction was given,
or
any court dealing with an appeal (including an appeal by way
of case stated) arising out of the proceedings in which the
direction was given or with any further appeal.
An anonymity order, in relation to a person (“D”) charged with (or convicted
of) a qualifying offence, is an order made by a court that requires specified
measures to be taken in relation to D to ensure that the identity of D is
withheld from the public in proceedings before the court.
For the purposes of
subsection (1)
, the kinds of measures that may be required
to be taken in relation to D include measures for securing one or more of the
following—
that identifying details relating to D be withheld from the public in
proceedings before the court;
that D is screened to any specified extent;
that D’s voice is subjected to modulation to any specified extent.
An anonymity order may not require—
D to be screened to such an extent that D cannot be seen by—
the judge or other members of the court (if any), or
the jury (if there is one);
The court that made an anonymity order may vary or discharge the order if
satisfied that it is necessary in the interests of justice to do so.
In this section—
“
specified” means specified in the anonymity order concerned.
Part 4
of the
Police Act 1996
(complaints, disciplinary proceedings etc) is
amended as set out in subsections
(2)
to
(8)
.
In section 85 (appeals against dismissal etc)—
in the heading, for “dismissal etc.” substitute “decisions made in
disciplinary and other proceedings”;
“(1A)
The Secretary of State may by rules make provision enabling
a chief officer of police for a police area to appeal to a police appeals tribunal against a decision made in proceedings relating to—(a)
a member or former member of the police force
maintained for that area, or(b)
a special constable or former special constable appointed
for that area.(1B)
The Secretary of State may by rules make provision enabling
a local policing body to appeal to a police appeals tribunal against a decision made in proceedings relating to—(a)
the chief officer of police of the police force for which
the body is responsible, or(b)
any former chief officer of police of that police force.
(1C)
The Secretary of State may by rules make provision enabling
the Director General of the Independent Office for Police Conduct to appeal to a police appeals tribunal against a decision made in proceedings at which the Director General presented the case.”;
in
subsection (2)
, for “appellant” substitute “person to whom the appeal
relates”.
Schedule 6
(appeals to police appeals tribunals) is amended as set out in
subsections
(4)
to
(8)
.
In
paragraph 1
(1)
(constitution of police appeals tribunals: senior officers),
for “by”, in the first place it occurs, substitute “relating to”.
In
paragraph 2
(1)
(constitution of police appeals tribunals: persons other than
senior officers), for “by”, in the first place it occurs, substitute “relating to”.
In paragraph 7 (orders of police appeals tribunals)—
“But this is subject to sub-paragraph (4).”;
in
sub-paragraphs (2)
and
(3)
, for “appellant” substitute “person to
whom the appeal relates”;
“(4)
In a case where—
(a)
on the determination of an appeal the tribunal makes
an order the effect of which is to dismiss the person to whom the appeal relates, and(b)
the decision that is the subject of the appeal had not
been a decision to dismiss the person,the order takes effect on the date on which it is made.”
“Parties’ costs: appeals by officer concerned
9
(1)
This paragraph applies in the case of an appeal by and relating to—
(a)
a member or former member of a police force, or
(b)
a special constable or former special constable.
(2)
The appellant’s costs are to be paid by the appellant unless the
police appeals tribunal directs that the whole or any part of those costs are to be paid by the respondent.(3)
The respondent’s costs are to be paid by the respondent.
Parties’ costs: appeals by chief officer of police or local policing body
9A
(1)
This paragraph applies in the case of an appeal by—
(a)
a chief officer of police (except where the chief officer of
police is the person to whom the appeal relates), or(b)
a local policing body.
(2)
The appellant’s costs are to be paid by the appellant.
(3)
The respondent’s costs are to be paid by the respondent unless the
police appeals tribunal directs that the whole or any part of those costs are to be paid by the appellant.Parties’ costs: appeals by IOPC
9B
(1)
This paragraph applies in the case of an appeal by the Director
General of the Independent Office for Police Conduct (“the Director General”).(2)
The Director General’s costs are to be paid by the Director General
unless—(a)
the police appeals tribunal directs that the whole or any part
of those costs are to be paid by the appropriate authority, or(b)
sub-paragraph (3) applies.
(3)
The Director General’s costs are to be paid by the appropriate
authority where the decision appealed against was made in proceedings—(a)
which the Director General directed the appropriate authority
to bring, and(b)
at which the appropriate authority and the Director General
agreed that the Director General should present the case.(4)
The respondent’s costs are to be paid by the respondent unless the
police appeals tribunal directs that the whole or any part of those costs are to be paid by the Director General.(5)
In this paragraph “appropriate authority” means—
(a)
where the person to whom the appeal relates is or was a
chief officer of police, the local policing body which brought the proceedings in which the decision appealed against was made;(b)
in any other case, the chief officer of police who brought the
proceedings in which the decision appealed against was made.Other costs of appeals
9C
(1)
The costs and expenses of an appeal under or by virtue of section
85, other than the appellant’s costs or the respondent’s costs, are to be met out of the police fund of the relevant local policing body.(2)
In sub-paragraph (1) , the reference to the costs and expenses of an
appeal includes any remuneration or expenses paid by virtue of paragraph 8.”
In
paragraph 10
, in
paragraphs (b)
and
(ba)
, for “appellant”, in each place it
occurs, substitute “person to whom the appeal relates”.
In the
Ministry of Defence Police Act 1987
, in
section 4A
(appeals against
dismissal etc)—
“(aa)
make provision enabling the chief constable of the
Ministry of Defence Police to appeal to a police appeals tribunal against a decision relating to—(i)
a member of the Ministry of Defence Police other
than a senior officer, or(ii)
a former member of the Ministry of Defence
Police who immediately before ceasing to be such a member was not a senior officer;(ab)
make provision enabling the Secretary of State to appeal
to a police appeals tribunal against a decision relating to—(i)
a senior officer of the Ministry of Defence Police,
or(ii)
a former member of the Ministry of Defence
Police who immediately before ceasing to be such a member was a senior officer;(ac)
make provision enabling the Director General of the
Independent Office for Police Conduct to appeal to a police appeals tribunal against a decision made in proceedings at which the Director General presented the case;(ad)
make provision enabling the Police Ombudsman for
Northern Ireland to appeal to a police appeals tribunal against a decision made in proceedings at which the Ombudsman presented the case;”;
in
subsection (2)
, for “appellant” substitute “person to whom the appeal
relates”;
“(4A)
Regulations under this section may provide for decisions
relating to appeals which would otherwise fall to be taken by the Secretary of State or the chief constable of the Ministry of Defence Police to be taken instead by—(a)
a person appointed in accordance with the regulations;
or(b)
the Ministry of Defence Police Committee.”
““
senior officer” has the same meaning as in section 4.”
Before employing or appointing any person, a law enforcement employer
must check each barred list to ascertain whether the proposed employee or
proposed appointee is a barred person.
A law enforcement employer may not employ a barred person or otherwise
appoint a barred person to any position.
For the purposes of this section a person who is to be seconded to work for
a law enforcement employer, and who will not be employed by that person,
is to be regarded as being appointed by that person.
Before designating a person as a community support volunteer or a policing
support volunteer under section 38 of the Police Reform Act 2002, a chief
officer of police, and the Chief Constable of the British Transport Police Force,
must check each barred list to ascertain whether the person is a barred person.
A chief officer of police, and the Chief Constable of the British Transport
Police Force, may not designate a barred person as a community support
volunteer or a policing support volunteer under section 38 of the Police Reform
Act 2002.
A law enforcement employer may not enter into a contract for the provision
of services if the terms of the contract would permit a barred person to be
involved in the exercise of law enforcement functions.
A local policing body may not enter into a contract for the provision of
services to a chief officer of police if the terms of the contract would permit
a barred person to be involved in the exercise of law enforcement functions.
In this section “barred list” means—
the police barred list maintained under Part 4A of the Police Act 1996;
the British Transport Police barred list;
the Civil Nuclear Constabulary barred list;
the Ministry of Defence Police barred list;
the National Crime Agency barred list;
the Scottish police barred list maintained under section 59A of the
Police and Fire Reform (Scotland) Act 2012 (asp 8).
In this section “barred person” means a person who is included in a barred
list.
In section 157 “law enforcement employer” means—
a chief officer of police;
the Director General of the National Crime Agency;
the Chief Constable of the British Transport Police Force;
the British Transport Police Authority;
the Civil Nuclear Police Authority;
a local policing body;
the chief inspector of constabulary appointed under section 54 of the
Police Act 1996;
the Independent Office for Police Conduct;
the Secretary of State, when exercising functions relating to the Ministry
of Defence Police;
the College of Policing;
a person specified in regulations made by the Secretary of State.
If a person has both law enforcement functions and other functions, the person
may be specified only—
in relation to the exercise of the person's law enforcement functions,
or
in relation to the exercise of such of those law enforcement functions
as are of a description specified in the regulations.
In this section “law enforcement functions” means functions of a public nature
that relate to policing or law enforcement.
Regulations under this section may not contain provision which would be
within the legislative competence of the Scottish Parliament, if contained in
an Act of that Parliament.
Regulations under this section may not contain provision which—
would be within the legislative competence of the Northern Ireland
Assembly, if it were contained in an Act of that Assembly, and
would not, if it were contained in a Bill in the Northern Ireland
Assembly, result in the Bill requiring the consent of the Secretary of
State under section 8 of the Northern Ireland Act 1998.
Before making the arrangement, the Secretary of State must check each barred
list to ascertain whether the existing employee or existing appointee is a
barred person.
The Secretary of State may not arrange for an existing employee or existing
appointee who is a barred person to become involved in the exercise of the
functions of the Ministry of Defence Police.
For the purposes of this section, a person who is seconded to work for the
Secretary of State is to be regarded as an existing appointee of the Secretary
of State (if not an existing employee).
Before making the arrangement, the specified law enforcement employer must
check each barred list to ascertain whether the existing employee or existing
appointee is a barred person.
The specified law enforcement employer may not arrange for an existing
employee or existing appointee who is a barred person to become involved
in the exercise of specified law enforcement functions.
For the purposes of this section, a person who is seconded to work for a
specified law enforcement employer is to be regarded as an existing appointee
of that person (if not an existing employee).
In this section—
“
specified law enforcement functions” means the law enforcement
functions in relation to the exercise of which the person is specified.
Before employing or appointing any person, a law enforcement employer
must check each advisory list to ascertain whether the proposed employee
or proposed appointee is included in an advisory list.
For the purposes of this paragraph a person who is to be seconded to work
for a law enforcement employer, and who will not be employed by that
person, is to be regarded as being appointed by that person.
Before designating a person as a community support volunteer or a policing
support volunteer under section 38 of the Police Reform Act 2002, a chief
officer of police, and the Chief Constable of the British Transport Police Force,
must check each advisory list to ascertain whether the person is included in
a advisory list.
The duty in subsection
(1)
applies to the Secretary of State only to the extent
that the proposed employee or proposed appointee will be involved in the
exercise of the functions of the Ministry of Defence Police.
In this section “advisory list” means—
the police advisory list maintained under Part 4A of the Police Act
1996;
the British Transport Police advisory list;
the Civil Nuclear Constabulary advisory list;
the Ministry of Defence Police advisory list;
the National Crime Agency advisory list;
the Scottish police advisory list maintained under section 59A of the
Police and Fire Reform (Scotland) Act 2012 (asp 8).
The additional duty in subsection
(3)
applies where a specified law
enforcement employer is proposing to arrange for an existing employee or
existing appointee to become involved in the exercise of specified law
enforcement functions (not having previously been so involved).
Before making the arrangement, the specified law enforcement employer must
check each advisory list to ascertain whether the existing employee or existing
appointee is included in an advisory list.
For the purposes of this section a person who is seconded to work for a
specified person is to be regarded as an existing appointee of that person (if
not an existing employee of that person).
In this section—
“
specified law enforcement functions” means the law enforcement
functions in relation to the exercise of which the person is specified.
“
British Transport Police advisory list” means the advisory list maintained
by the British Transport Police Authority under Part 2 of Schedule
19
;
“
British Transport Police barred list” means the barred persons list
maintained by the British Transport Police Authority under Part 1 of
Schedule
19
;
“
chief officer of police” has the same meaning as in the Police Act 1996
(see section 101(1) of that Act);
“
Civil Nuclear Constabulary advisory list” means the advisory list
maintained by the Civil Nuclear Police Authority under Part 2 of
Schedule
19
;
“
Civil Nuclear Constabulary barred list” means the barred persons list
maintained by the Civil Nuclear Police Authority under Part 1 of
Schedule
19
;
“
Ministry of Defence Police advisory list” means the advisory list
maintained by the Secretary of State under Part 2 of Schedule
19
;
“
Ministry of Defence Police barred list” means the barred persons list
maintained by the Secretary of State under Part 1 of Schedule
19
;
“
National Crime Agency advisory list” means the advisory list maintained
by the Director General of the National Crime Agency under Part 2
of Schedule
19
;
“
National Crime Agency barred list” means the barred persons list
maintained by the Director General of the National Crime Agency
under Part 1 of Schedule
19
.
Schedule 19 makes provision for barred persons lists and advisory lists to be maintained by—
the British Transport Police Authority,
the Civil Nuclear Police Authority,
the Director General of the National Crime Agency, and
the Secretary of State.
In the Police Act 1996 omit—
sections 88C to 88E (effect of inclusion in police barred list);
section 88K (effect of inclusion in police advisory list).
The Police Reform and Social Responsibility Act 2011 is amended as follows.
In section 42(3AA) (person on police barred list not eligible for appointment
as Commissioner of Police of the Metropolis)—
the words from “the police” to the end become paragraph (a);
“(b)
the British Transport Police barred list (within the
meaning of section 163 of the Crime and Policing Act 2025;(c)
the Civil Nuclear Constabulary barred list (within the
meaning of that section);(d)
the Ministry of Defence Police barred list (within the
meaning of that section);(e)
the National Crime Agency barred list (within the
meaning of that section);(f)
the Scottish police barred list maintained under section
59A of the Police and Fire Reform (Scotland) Act 2012 (asp 8).”
In section 42(3B) (person on police barred list not eligible for appointment as
Deputy Commissioner of Police of the Metropolis)—
the words from “the police” to the end become paragraph (a);
“(b)
the British Transport Police barred list (within the
meaning of section 163 of the Crime and Policing Act 2025;(c)
the Civil Nuclear Constabulary barred list (within the
meaning of that section);(d)
the Ministry of Defence Police barred list (within the
meaning of that section);(e)
the National Crime Agency barred list (within the
meaning of that section);(f)
the Scottish police barred list maintained under section
59A of the Police and Fire Reform (Scotland) Act 2012 (asp 8).”
In the Police Act 1996, after section 40C insert— The Secretary of State may give a notice under this section to a critical An undertaking is a “critical police undertaking” if— it provides facilities or services to two or more police forces, the provision of facilities or services to police forces is its it is wholly or partly funded by grants from the Secretary of the Secretary of State considers that the facilities or services it A critical police undertaking to which a notice is given under this A direction under this section is a direction requiring the critical police The action that a direction may require a critical police undertaking entering into agreements, including contracts of employment; appointing officers; exercising a function of management in a particular way; providing information to the Secretary of State. The Secretary of State may give a notice or direction under this section Before giving a notice or direction under this section the Secretary of A notice or direction under this section must be given in writing. The Secretary of State must lay before Parliament, and publish, a notice The Secretary of State may vary or revoke a notice or direction given A requirement to provide information as mentioned in subsection
(5)
(d)
does not authorise or require a disclosure of information in In this section “undertaking” has the meaning given by section 1161(1)
“40D
Power to give directions to critical police undertakings
(1)
police undertaking.
(2)
(a)
(b)
principal business activity,
(c)
State, and
(d)
provides to police forces are calculated to promote the efficiency
and effectiveness of the police.
(3)
section must comply with any directions given to it under this section
by the Secretary of State.
(4)
undertaking to which it is given to take, or not to take, action specified
in the direction.
(5)
to take includes (for example)—
(a)
(b)
(c)
(d)
(6)
only if the Secretary of State considers that giving the notice or
direction is calculated to promote the efficiency and effectiveness of
the police.
(7)
State must consult the critical police undertaking to which the notice
or direction is to be given.
(8)
(9)
or direction given under this section.
(10)
under this section by giving a further notice or direction under this
section.
(11)
contravention of the data protection legislation within the meaning of
the Data Protection Act 2018 (but, in determining whether a disclosure
would do so, the power to impose requirements by virtue of this
section is to be taken into account).
(12)
of the Companies Act 2006.”
A chief officer of police may apply to an appropriate court for an order under
this section (a “youth diversion order”) in respect of a person (“the
respondent”) who—
in England or Wales or Northern Ireland, is aged 10 or over but under
the age of 22;
in Scotland, is aged 12 or over but under the age of 22.
On an application the court may make a youth diversion order in respect of
the respondent if—
the court is satisfied on the balance of probabilities that—
the respondent has committed a terrorism offence,
the respondent has committed a relevant offence with a terrorist
connection, or
the respondent has engaged in conduct likely to facilitate the
commission (by the respondent or anyone else) of a terrorism
offence, and
the court considers it necessary to make the order for the purpose of
protecting members of the public from a risk of terrorism or other
serious harm (see
section 168
).
In this section—
“
appropriate court” means—
in England and Wales or Northern Ireland—
a youth court, if the respondent is under the age of 18
when the application is made;
a magistrates’ court in any other case;
in Scotland, a sheriff court;
“
relevant offence” means an offence which—
was committed on or after 29 June 2021,
is punishable on indictment with imprisonment for more than
2 years, and
is not specified in—
Schedule 1A to the Counter-Terrorism Act 2008, or
Schedule A1 to the Sentencing Code;
“
terrorism offence” means—
an offence listed in section 41(1) of the Counter-Terrorism Act
2008, or
an ancillary offence (within the meaning of section 94 of that
Act) in relation to an offence so listed.
For the purposes of
subsection (2)
(a)
(ii)
, a relevant offence has a terrorist
connection if the offence—
is, or takes place in the course of, an act of terrorism, or
is committed for the purposes of terrorism.
In this Chapter—
“
chief officer of police” means—
in England and Wales, the chief officer of police of a police
force in England and Wales;
in Scotland, the chief constable of the Police Service of Scotland;
in Northern Ireland, the chief constable of the Police Service
of Northern Ireland;
“
police area” means—
in relation to England and Wales, a police area as defined by
section 101(1) of the Police Act 1996,
Scotland, or
Northern Ireland;
“
the public” means the public in any part of the world;
“
the respondent” has the same meaning as in
subsection (1)
;
“
terrorism” has the meaning given by section 1 of the Terrorism Act
2000;
“
youth diversion order” has the same meaning as in
subsection (1)
.
In this Chapter “serious harm” means harm from—
conduct that—
involves serious violence against a person,
endangers a person’s life, other than that of the person
engaging in the conduct, or
creates a serious risk to the health or safety of the public or a
section of the public, or
the threat of such conduct.
For this purpose, a reference to conduct or a person is to conduct or a person
in any part of the world.
See also
section 167
(5)
(which provides that “the public” means the public in
any part of the world).
A youth diversion order may—
prohibit the respondent from doing anything described in the order;
require the respondent to do anything described in the order.
An order may contain prohibitions or requirements relating to any of the
following—
the persons with whom the respondent associates or communicates;
the way in which the person communicates or associates with others;
the respondent’s possession or use of electronic communication devices,
including in particular a requirement that a device may only be
possessed or used subject to specified conditions;
the respondent’s presence in, or access to, a specified area or place or
an area or place of a specified description;
the respondent's travel (whether within the United Kingdom, between
the United Kingdom and other places or otherwise).
An order may—
require the respondent to attend appointments or participate in
activities;
require the respondent to answer questions, provide information or
produce documents;
contain curfew requirements;
require the respondent to comply with section
170
(notification
requirements).
An order may contain any prohibition that is of a kind that could be imposed
by the Secretary of State in relation to an individual by virtue of paragraph
6A of Schedule 1 to the Terrorism Prevention and Investigation Measures Act
2011 (weapons and explosives measures).
The conditions specified under subsection
(2)
(c)
may, in particular include
conditions in relation to—
the manner in which a device is used;
the monitoring of such use;
the granting to a constable of access to premises for the purpose of
the inspection or modification of a device;
the surrendering to a constable of a device on a temporary basis for
the purpose of its inspection or modification at another place;
the disclosure to a constable of such details as may be specified of
any device possessed or used by the respondent or any other person
with whom the respondent lives.
A court may include a prohibition or requirement only if it considers it
necessary for the purpose of protecting members of the public from a risk of
terrorism or other serious harm.
Prohibitions and requirements must, so far as practicable, be such as to avoid—
any conflict with any religious beliefs of the respondent;
any interference with any times at which the respondent normally
attends any educational establishment or works;
any conflict with the requirements of any other court order or
injunction to which the respondent is subject.
A youth diversion order must specify the period for which it has effect (which
must not exceed 12 months).
A youth diversion order may specify periods for which particular prohibitions
or requirements have effect.
In this section—
“
curfew requirement” means a requirement that the respondent must
remain at a particular place for particular periods;
“
document” means anything in which information of any description is
recorded (whether or not in legible form);
“
electronic communication device” has the meaning given by paragraph
7(5) of Schedule 1 to the Terrorism Prevention and Investigation
Measures Act 2011;
“
specified” means specified in the youth diversion order.
This section applies where a youth diversion order requires the respondent
to comply with this section.
Before the end of the period of three days beginning with the day on which
a youth diversion order requiring the respondent to comply with this section
is first served, the respondent must notify to the police—
the respondent's name and, where the respondent uses one or more
other names, each of those names,
the respondent's home address, and
the name and address of any educational establishment the respondent
normally attends.
If, while the respondent is required to comply with this section, the
respondent—
uses a name which has not been notified under the order,
changes home address, or
begins to attend an educational establishment the name and address
of which have not been notified under the order,
the respondent must notify, to the police, the new name, the new home address or the name and address of the new educational establishment.
A notification under
subsection (3)
must be given before the end of the period
of three days beginning with the day on which the respondent uses the name,
changes home address or first attends the educational establishment.
A notification under this section is given by—
attending at a police station in the police area in which the home
address, or the court which made the order, is situated, and
giving an oral notification to a constable, or to a person authorised
for the purpose by the officer in charge of the station.
A notification under this section must be acknowledged in writing.
In this section “home address” means—
the address of the respondent’s sole or main residence in the United
Kingdom, or
where the respondent has no such residence, the address or location
of a place in the United Kingdom where the respondent can regularly
be found and, if there is more than one such place, such one of those
places as the respondent may select.
In determining the period of three days mentioned in subsection (2) or (4) , no account is to be taken of—
any time when the respondent is, within the United Kingdom, lawfully
detained or otherwise lawfully deprived of their liberty, or
any time when the respondent is outside the United Kingdom.
A youth diversion order made by a court in England and Wales may impose
on the respondent a requirement (an “electronic monitoring requirement”) to
submit to electronic monitoring of the respondent’s compliance with
prohibitions or requirements imposed by the order.
This is subject to section 172 .
A youth diversion order that includes an electronic monitoring requirement
must specify the person who is to be responsible for the monitoring.
The person specified under
subsection (2)
(“the responsible person”) must be
of a description specified in regulations made by the Secretary of State by
statutory instrument.
Where a youth diversion order imposes an electronic monitoring requirement,
the respondent must (among other things)—
submit, as required from time to time by the responsible person, to—
being fitted with, or the installation of, any necessary apparatus,
and
the inspection or repair of any apparatus fitted or installed for
the purposes of the monitoring;
not interfere with, or with the working of, any apparatus fitted or
installed for the purposes of the monitoring;
take any steps required by the responsible person for the purpose of
keeping in working order any apparatus fitted or installed for the
purposes of the monitoring.
These obligations have effect as requirements of the order.
This section
applies for the purpose of determining whether a court in England
and Wales may impose an electronic monitoring requirement under section
171
.
An electronic monitoring requirement may not be imposed in the respondent’s
absence.
If there is a person (other than the respondent) without whose co-operation
it would be impracticable to secure the monitoring in question, the requirement
may not be imposed without that person’s consent.
A court may impose the requirement in relation to a relevant police area only
if—
the Secretary of State has given notification that electronic monitoring
arrangements are available in the area, and
it is satisfied that the necessary provision can be made under the
arrangements currently available.
For this purpose “relevant police area” means—
in any case, the police area in England and Wales in which it appears
to the court that the respondent resides or will reside, or
in a case where it is proposed to include in the order—
a requirement that the respondent remains, for specified
periods, at a specified place in England and Wales, or
provision prohibiting the respondent from entering a specified
place or area in England and Wales,
the police area in which the place or area proposed to be specified is situated.
In subsection (5) “specified” means specified in the youth diversion order.
The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of persons under electronic monitoring requirements (within the meaning of section 171 ) imposed by youth diversion orders in England and Wales.
Before making an application for a youth diversion order or the variation or
discharge of such an order, a chief officer of police must, if the respondent
will be under the age of 18 when the application is made, consult—
in England and Wales, the local youth offending team;
in Northern Ireland, the Youth Justice Agency.
Before making an application for a youth diversion order or the variation or
discharge of such an order in Scotland, the chief constable of the Police Service
of Scotland must consult—
the Lord Advocate,
the relevant local authority, and
if the respondent will be under the age of 18 when the application is
made, the Principal Reporter.
In this section—
“
local youth offending team” means—
the youth offending team in whose area it appears to the chief
officer that the respondent lives, or
if it appears to the chief officer that the respondent lives in
more than one such area, whichever one or more of the relevant
youth offending teams that the chief officer considers it
appropriate to consult;
“
relevant local authority” means—
the Scottish local authority in whose area it appears to the chief
constable that the respondent lives, or
if it appears to the chief constable that the respondent lives in
more than one such area, whichever one or more of the relevant
Scottish local authorities that the chief constable considers it
appropriate to consult;
“
Scottish local authority” means a council constituted under section 2 of
the Local Government etc (Scotland) Act 1994;
“
youth offending team” means a team established under section 39 of
the Crime and Disorder Act 1998.
An application for a youth diversion order may be made without notice to
the respondent.
Subsections
(1)
and
(2)
(b)
and
(c)
of
section 174
do not apply to an application
made without notice.
If an application is made without notice, the court must do one of the
following—
adjourn the proceedings and make an interim youth diversion order
(see
section 176
);
adjourn the proceedings without making an interim order;
dismiss the application.
Except where the court dismisses the application, the applicant must comply
with subsection
(1)
or
(2)
(b)
and
(c)
of
section 174
(as the case may be) before
the first full hearing.
In
this section
“full hearing” means a hearing of which notice has been given
to the applicant and the respondent in accordance with rules of court.
This section applies where the court adjourns the hearing of an application
(whether made with notice or without) for a youth diversion order.
The court may, if it considers it necessary to do so, make a youth diversion
order lasting (subject to
section 177
) until the determination of the application
(an “interim youth diversion order”).
Section 169 (8) does not apply in relation to an interim youth diversion order.
The only requirements that may be imposed by an interim youth diversion
order on the respondent are—
a requirement of the kind mentioned in
section 169
(3)
(b)
(requirements
to provide information etc);
a requirement to comply with section 170 (notification requirements).
Subject to that, the court has the same powers in relation to an interim youth
diversion order as it has in relation to an order made at a final hearing.
An interim youth diversion order made at a hearing of which the respondent
was not given notice takes effect on being served on the respondent.
A relevant person may apply for an order varying or discharging a youth
diversion order.
An application under this section is to be made—
in England and Wales or Northern Ireland—
to a youth court, if a youth court made the youth diversion
order;
to a magistrates’ court, if a magistrates’ court made the youth
diversion order;
in Scotland, to a sheriff court.
On the application, the court may (after hearing from the applicant and the
other relevant person, if they wish to be heard) make any order varying or
discharging the order that the court considers appropriate.
The power to vary an order includes power to—
include an additional prohibition or requirement;
extend the period for which a prohibition or requirement has effect;
extend the period for which the order has effect by six months.
The period for which an order has effect may be extended under
paragraph
(c)
on at most two occasions.
The court may make provision of a kind mentioned in
subsection (4)
only if
it considers that the provision is necessary for the purpose of protecting
members of the public from a risk of terrorism or other serious harm.
Subsections
(7)
and
(9)
of
section 169
apply to additional prohibitions or
requirements included on a variation of an order.
If an application under this section is dismissed, the applicant may not make
a further application under this section without—
the consent of the court, or
the agreement of the other relevant person.
In this section “relevant person” means—
the person who applied for the youth diversion order, or
the respondent.
A relevant person (as defined by
section 177
) may appeal against a decision
made—
on an application under
section 167
(application for youth diversion
order);
under section 176 (interim youth diversion orders);
on an application under
section 177
(application for variation or
discharge of order).
An appeal under subsection (1) is to be made—
in England and Wales, to the Crown Court;
in Scotland, to the Sheriff Appeal Court;
in Northern Ireland, to the county court.
Where in England and Wales the Crown Court makes a decision on an appeal
under
subsection (1)
, any person who was a party to the appeal may appeal
against that decision to the Court of Appeal.
An appeal under
subsection (3)
may be made only with the permission of
the Court of Appeal.
On an appeal under this section, the court may make—
such orders as may be necessary to give effect to its determination of
the appeal, and
such incidental and consequential orders as appear to it to be
appropriate.
A youth diversion order made on an appeal under this section is to be treated
for the purposes of this Chapter (other than this section) as having been made
by the court that first made the decision appealed against.
Rules of court may provide that an appeal from a decision—
to dismiss an application for a youth diversion order made without
notice being given to the respondent, or
to refuse to make an interim youth diversion order when adjourning
proceedings following such an application,
may be made without notice being given to the respondent.
A person who, without reasonable excuse, fails to comply with a youth
diversion order commits an offence.
Where a youth diversion order requires a person to provide information or
produce a document, it is an offence for the person, in purported compliance
with that requirement, to provide any information or produce any document
which the person knows to be false.
Where a youth diversion order requires a person to comply with section 170 , it is an offence for the person—
to fail, without reasonable excuse, to comply with that section, or
in purported compliance with that section, to notify to the police any
information which the person knows to be false.
A person who commits an offence under this section is liable—
on summary conviction in England and Wales, to imprisonment for
a term not exceeding the general limit in a magistrates’ court or a fine
(or both);
on summary conviction in Scotland, to imprisonment for a term not
exceeding 12 months or a fine not exceeding the statutory maximum
(or both);
on summary conviction in Northern Ireland, to imprisonment for a
term not exceeding 6 months or a fine not exceeding the statutory
maximum (or both);
on conviction on indictment, to imprisonment for a term not exceeding
two years or a fine (or both).
Where a person is convicted of an offence under this section, it is not open
to the court by or before which the person is convicted to make, in respect
of the offence, an order for conditional discharge.
A person commits an offence under
subsection (3)
(a)
on the day on which
the person first fails, without reasonable excuse, to comply with
section 170
.
The person continues to commit the offence throughout any period during
which the failure continues.
But the person may not be prosecuted more than once in respect of the same
failure.
In proceedings for an offence under this section, a copy of the original youth
diversion order, certified by the proper officer of the court that made it, is
admissible as evidence of its having been made and of its contents to the
same extent that oral evidence of those matters is admissible in those
proceedings.
In section 80(3) of the Sentencing Code (list of circumstances where an order
section 179
(5)
of that Act (breach of youth diversion order).”
for conditional discharge is not available), after paragraph (g) (inserted by
section 51
(5)
of this Act) insert—
“(h)
The Secretary of State may—
issue guidance to chief officers of police about the exercise of their
functions in respect of youth diversion orders, and
revise any guidance under this section.
A chief officer of police must have regard to any guidance under this section
when exercising a function to which the guidance relates.
Before issuing or revising any guidance, the Secretary of State must consult—
the Youth Justice Board for England and Wales;
the Scottish Ministers;
the Youth Justice Agency in Northern Ireland;
the National Police Chiefs’ Council;
the chief constable of the Police Service of Scotland;
the chief constable of the Police Service of Northern Ireland;
the Director of Public Prosecutions;
the Lord Advocate;
the Director of Public Prosecutions for Northern Ireland;
the person appointed under section 36 of the Terrorism Act 2006;
such other persons as the Secretary of State considers appropriate.
The Secretary of State must lay before Parliament any guidance or revisions
issued under this section.
Any guidance or revisions come into force on a day specified in regulations
made by the Secretary of State.
The Secretary of State must publish any guidance or revisions issued under
this section.
Rules of court relating to YDO proceedings may make provision for—
the making by chief officers of police or the respondent of an
application to a court for an order requiring anonymity for the
respondent, and
the making by the court, on such an application, of an order requiring
such anonymity.
In this section references to an order requiring anonymity for the respondent
are to an order by a court which imposes such prohibitions or restrictions as
it considers appropriate on the disclosure (by persons generally, or by such
persons as the court specifies or describes) of—
the identity of the respondent, or
any information that would tend to identify the respondent.
In this section “YDO proceedings” means—
proceedings under or by virtue of this Chapter, or
proceedings on an appeal against a decision made in any such
proceedings.
An application under this Chapter is to be made—
by complaint, where the application is made to a youth court or other
magistrates’ court;
in accordance with rules of court, in any other case.
Section 127 of the Magistrates’ Courts Act 1980 (time limit for complaints etc)
does not apply to a complaint under this Chapter.
In Schedule 1 to the Courts Reform (Scotland) Act 2014 (asp 17) (civil Proceedings for or in relation to a youth diversion order under
section
proceedings etc in which summary sheriff has competence), after paragraph
12 insert—
“Youth diversion orders
13
167
of the Crime and Policing Act 2025.”
In Schedule 1 to the Terrorism Prevention and Investigation Measures Act
2011, in paragraph 6A (weapons and explosives measure)—
in sub-paragraph (1)—
“(za)
a prohibition on possessing things of a specified
description;(zb)
a prohibition on possessing things of a specified
description without the permission of the Secretary of State;”;
in paragraph (a) omit “offensive weapons,”;
“(1A)
(a)
any description of corrosive substances (as defined
by section 6 of the Offensive Weapons Act 2019);(b)
any description of motor vehicles;
(c)
any description of things made or adapted for use
for causing injury to the person;(d)
any other description of things which the Secretary
of State reasonably considers could be used for causing injury to the person.”;
in sub-paragraph (2) omit the definition of “offensive weapon”.
In Schedule 7 to the National Security Act 2023 (prevention and investigation
measures), in paragraph 7 (weapons and explosives measure)—
in sub-paragraph (1)—
“(za)
a prohibition on possessing things of a specified
description;(zb)
a prohibition on possessing things of a specified
description without the permission of the Secretary of State;”;
in paragraph (a) omit “offensive weapons,”;
“(1A)
(a)
any description of corrosive substances (as defined
by section 6 of the Offensive Weapons Act 2019);(b)
any description of motor vehicles;
(c)
any description of things made or adapted for use
for causing injury to the person;(d)
any other description of things which the Secretary
of State reasonably considers could be used for causing injury to the person.”;
in sub-paragraph (2) omit the definition of “offensive weapon”.
The amendments made by this section apply in relation to notices served
before (as well as those served after) this section comes into force.
Section 13
of the
Terrorism Act 2000
(offence of wearing or displaying articles
in support of proscribed organisation) is amended as follows.
“(1ZA)
A person commits an offence if, on relevant premises, the person—
(a)
wears an item of clothing, or
(b)
wears, carries or displays an article,
in such a way or in such circumstances as to arouse reasonable suspicion that the person is a member or supporter of a proscribed organisation.”
In subsection (4) —
in paragraph (a) after “(1)” insert “or (1ZA) ”;
in paragraph (b) —
the words from “the evidence” to the end become sub-paragraph (i) ;
(ii)
the item or article continuing to be
displayed.”
“(7)
An item of clothing or other article seized by a constable under
subsection (4) may be destroyed.(8)
In subsection (1ZA) “relevant premises” means any land and buildings
used for the purposes of, or in connection with—(a)
a prison within the meaning of the Prison Act 1952 ;
(b)
a young offender institution within the meaning of section
43(1) of that Act;(c)
a secure training centre within the meaning of section 43(1) of
that Act;(d)
approved premises within the meaning of section 13 of the Offender Management Act 2007 ;
(e)
a prison within the meaning of the Prisons (Scotland) Act 1989 ;
(f)
a young offenders institution within the meaning of section
19 (1) of that Act ;(g)
a prison within the meaning of the Prison Act (Northern
Ireland) 1953 (c. 18 (N.I.));(h)
a young offenders centre within the meaning of section 2 of
the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29
(N.I.));(i)
a juvenile justice centre within the meaning of Article 51 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I.
1998/1504 (N.I. 9));(j)
service custody premises within the meaning of section 300 of
the Armed Forces Act 2006 ;(k)
a removal centre within the meaning of section 147 of the Immigration and Asylum Act 1999 .”
In the Armed Forces Act 2006, after section
93ZC
(inserted by section
129
) insert— This section applies in relation to an offence under section 42 as
Section 13
(4)
to
(7)
of the
Terrorism Act 2000
(powers of seizure)
“93ZD
Powers of seizure equivalent to powers under
section 13
of the
Terrorism Act 2000
(1)
respects which the corresponding offence under the law of England
and Wales is an offence under
section 13
(1ZA)
of the
Terrorism Act
2000
(wearing or displaying articles in support of proscribed
organisation).
(2)
applies in relation to the offence under section 42 as it applies to an
offence under
section 13
(1ZA)
of the
Terrorism Act 2000
, but reading
references to a constable as references to a service policeman.”
Schedule 20
amends Part 4 of the Counter-Terrorism Act 2008 (notification
requirements) so as to enable courts to make notification orders in respect of
persons who have committed certain domestic offences or service offences.
In section 43B of the Terrorism Act 2000 (terrorist offenders released on licence: a person in respect of whom— a domestic offence notification order (within the a service offence notification order (within the meaning
has been made and who is serving a sentence for the offence
by virtue of which the order was made.”
arrest without warrant pending recall decision) in subsection (4) after
paragraph (d) insert—
“(e)
(i)
meaning of Schedule 4A to the Counter-Terrorism Act
2008), or
(ii)
of Schedule 6A to that Act),
Schedule 21
contains amendments about sentences for an offence under
paragraph 15
of
Schedule 5
to the
Counter-Terrorism Act 2008
(breach of
foreign travel restriction order).
In Article 7 of the Criminal Justice (Northern Ireland) Order 2008 (S.I.
2008/1216 (N.I. 1))—
in paragraph (2) omit “Articles 13A, 14 and 15A and”;
“(za)
Articles 13A and 14 of this Order;”.
The amendments made by this section apply in relation to convictions
occurring on or after the day on which this section comes into force.
Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
section 45 does not apply) is amended as follows.
In paragraph 29 (offences under the Terrorism Act 2000)—
“section 11 (membership of a proscribed organisation)
section 12 (support of a proscribed organisation)
section 15 (fund-raising for terrorism)
section 16 (use and possession of property for terrorism)
section 17 (funding arrangements)
section 17A (insurance against payments made in response to terrorist demands)
section 18 (money laundering)
section 19 (disclosure of information: duty)
section 21A (failure to disclose: regulated sector)
section 38B (information about acts of terrorism)
section 39 (disclosure of information prejudicial to investigation)”;
“section 58 (collection of information)
section 58A (eliciting, publishing or communicating information about members of armed forces etc)
section 58B (entering or remaining in a designated area)”.
In paragraph 31 (offences under the Anti-terrorism, Crime and Security Act
“section 67 (security of pathogens and toxins)
section 79 (disclosures relating to nuclear security)”.
2001), after the entry for section 50 insert—
In paragraph 35 (offences under the Terrorism Act 2006)—
“section 1 (encouragement of terrorism)
section 2 (dissemination of terrorist publications)”;
“section 8 (attendance at a place used for terrorist training)”.
“Counter-Terrorism Act 2008 (c.28)
35ZA
An offence under section 54 of the Counter-Terrorism Act 2008
(offences relating to notification).Terrorism Prevention and Investigation Measures Act 2011 (c. 23)
35ZB
An offence under section 23 of the Terrorism Prevention and
Investigation Measures Act 2011 (contravention of terrorism prevention and investigation measures notice).Counter-Terrorism and Security Act 2015 (c. 6)
35ZC
An offence under section 10 of the Counter-Terrorism and Security
Act 2015 (breach of temporary exclusion order or notice).”
The amendments made by this section do not apply in relation to an offence
committed before this section comes into force.
Schedule 7 to the Terrorism Act 2000 (port and border controls) is amended
as follows.
In paragraph 11—
in sub-paragraph (2)(a), for “a period not exceeding” substitute “the
period of”;
“(3)
Where an article is detained by virtue of paragraph (a) of
sub-paragraph (2), a senior officer may extend the period mentioned in that paragraph by up to 7 days.(4)
A senior officer may only exercise the power conferred by
sub-paragraph (3) if the senior officer has not been directly involved in the exercise of any power under this Part of this Schedule to take the article or to question a person from whom the article was taken.(5)
(a)
where the examining officer who detained the article
is a constable, a constable of a higher rank than the examining officer,(b)
where the examining officer who detained the article
is an immigration officer, an immigration officer of a higher grade than the examining officer, and(c)
where the examining officer who detained the article
is a customs officer, a customs officer of a higher grade than the examining officer.”
“(4)
An examining officer may authorise another person to exercise the
power conferred by sub-paragraph (2) on their behalf.”
Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border
security) is amended as follows.
In paragraph 11—
in sub-paragraph (2)(a), for “a period not exceeding” substitute “the
period of”;
“(3)
Where an article is retained by virtue of paragraph (a) of
sub-paragraph (2), a senior officer may extend the period mentioned in that paragraph by up to 7 days.(4)
A senior officer may exercise the power conferred by
sub-paragraph (3) only if the senior officer has not been directly involved in the exercise of any power under this Part of this Schedule to take the article or to question a person from whom the article was taken.(5)
(a)
where the examining officer who retained the article
is a constable, a constable of a higher rank than the examining officer,(b)
where the examining officer who retained the article
is an immigration officer, an immigration officer of a higher grade than the examining officer, and(c)
where the examining officer who retained the article
is a customs officer, a customs officer of a higher grade than the examining officer.”
(a)
the person from whom it was taken, or
(b)
where the Commissioner considers that there is another person
to whom it would be more appropriate to return the article, that person.”
In paragraph 16(6)(b), for “the person from whom it was taken,” substitute the person from whom it was taken, or where the Commissioner considers that there is another
“—
(i)
(ii)
person to whom it would be more appropriate to return
the article, that person,”.
“(4)
An examining officer may authorise another person to exercise the
power conferred by sub-paragraph (2) on their behalf.(5)
A person authorised under sub-paragraph (4) is to be treated as an
examining officer for the purposes of Part 4 of this Schedule.”
In paragraph 19(3)(a), omit “where the examining officer is a constable,”.
In paragraph 20(8), in the definition of “senior officer”—
in paragraph (a), omit “where the examining officer is a constable,”;
omit paragraphs (b) and (c).
For the purposes of the law related to abortion, including sections 58 and 59 of the Offences Against the Person Act 1861 and the Infant Life (Preservation) Act 1929, no offence is committed by a woman acting in relation to her own pregnancy.
The appropriate national authority may by regulations make such provision
as the authority considers appropriate for the purpose of, or in connection
with, implementing an international agreement so far as relating to the sharing
of information for law enforcement purposes, as it has effect from time to
time.
Regulations under this section may not require or authorise processing of
personal data that would contravene the data protection legislation (but in
determining whether processing of personal data would do so, take into
account any duty imposed, or power conferred, by the regulations).
Regulations under this section may not require or authorise the making of a
disclosure which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9
of the Investigatory Powers Act 2016.
In this section—
“
appropriate national authority” has the meaning given in section
193
;
“
the data protection legislation” has the same meaning as in the Data
Protection Act 2018 (see section 3(9) of that Act);
“
law enforcement purposes” means the prevention, investigation,
detection or prosecution of criminal offences or the execution of
criminal penalties, including the safeguarding against, and the
prevention of, threats to public security;
“
personal data” and “processing” have the same meanings as in the Data
Protection Act 2018 (see section 3(2) and (4) of that Act).
In section
192
, “appropriate national authority” means the Secretary of State,
subject as follows.
The Scottish Ministers are also an appropriate national authority in relation
to regulations under section
192
which contain only provision which would
be within the legislative competence of the Scottish Parliament if contained
in an Act of that Parliament.
The Department of Justice in Northern Ireland is also an appropriate national
authority in relation to regulations under section
192
which contain only
provision which—
would be within the legislative competence of the Northern Ireland
Assembly if contained in an Act of that Assembly, and
would not, if contained in a Bill for such an Act, result in the Bill
requiring the consent of the Secretary of State under section 8 of the
Northern Ireland Act 1998.
The Welsh Ministers are also an appropriate national authority in relation to
regulations under section
192
which contain only provision which would be
within the legislative competence of Senedd Cymru if contained in an Act of
the Senedd (ignoring any requirement for the consent of a Minister of the
Crown).
The consent of a Minister of the Crown is required before any provision is
made by the Welsh Ministers in regulations under section
192
so far as that
provision, if contained in an Act of Senedd Cymru, would require the consent
of a Minister of the Crown.
In Schedule 7B to the Government of Wales Act 2006 (general restrictions on
legislative competence of Senedd Cymru), in paragraph 11(6)(b) (exceptions
to restrictions relating to Ministers of the Crown)—
omit the “or” at the end of sub-paragraph (xii), and
(xiv)
section 192 of the Crime and Policing Act 2025.”
In this section, “Minister of the Crown” has the same meaning as in the
Ministers of the Crown Act 1975.
Before making regulations under section
192
, the Secretary of State must
consult—
the Department of Justice in Northern Ireland about any provision in
the regulations which could be made by that Department by virtue
of
section 193
(3)
;
The Extradition Act 2003 is amended as follows.
In section 20 (case where person has been convicted: category 1 territories)—
in subsection (5), for the words from “the person” to the end substitute the person would be entitled to a retrial or (on appeal) the person would be so entitled unless a court in the the person was entitled as mentioned in
paragraph (a)
or
(b)
but expressly waived that entitlement;
having been informed that they were entitled as
“any of the following applies—
(a)
to a review amounting to a retrial;
(b)
territory concerned were to decide that they deliberately
absented themselves from their trial;
(c)
(d)
mentioned in
paragraph (a)
or
(b)
, the person failed to
exercise that entitlement before the end of the period
permitted for exercising it.”;
“(7A)
For the purposes of subsection (1), a person convicted at a trial
at which they were legally represented (but not present in person) is to be treated as having been convicted in their presence.”;
in subsection (8), in the words before paragraph (a)—
after “constitute” insert “(or would have constituted)”;
after “have” insert “(or would have had)”.
In section 85 (case where person has been convicted: category 2 territories)—
in subsection (5), for the words from “the person” to the end substitute the person would be entitled to a retrial or (on appeal) the person would be so entitled unless a court in the the person was entitled as mentioned in
paragraph (a)
or
(b)
but expressly waived that entitlement;
having been informed that they were entitled as
“any of the following applies—
(a)
to a review amounting to a retrial;
(b)
territory concerned were to decide that they deliberately
absented themselves from their trial;
(c)
(d)
mentioned in
paragraph (a)
or
(b)
, the person failed to
exercise that entitlement before the end of the period
permitted for exercising it.”;
“(7A)
For the purposes of subsection (1), a person convicted at a trial
at which they were legally represented (but not present in person) is to be treated as having been convicted in their presence.”;
in subsection (8), in the words before paragraph (a)—
after “constitute” insert “(or would have constituted)”;
after “have” insert “(or would have had)”.
Where a senior manager of a body corporate or partnership (“the
organisation”) acting within the actual or apparent scope of their authority
commits an offence under the law of England and Wales, Scotland or Northern
Ireland, the organisation also commits the offence (subject to
subsection (2)
).
An organisation does not commit an offence by virtue of subsection (1) if—
all of the conduct constituting the offence occurs outside the United
Kingdom, and
the organisation would not commit the offence if that conduct were
the organisation’s (rather than the senior manager’s).
In this section—
“
body corporate” includes a body incorporated outside the United
Kingdom but does not include—
a corporation sole, or
a partnership that (whether or not a legal person) is not
regarded as a body corporate under the law by which it is
governed;
“
partnership” means—
a partnership within the meaning of the Partnership Act 1890,
a limited partnership registered under the Limited Partnerships
Act 1907, or
a firm or other entity of a similar character to one within
paragraph (a) or (b) formed under the law of a country or
territory outside the United Kingdom;
“
senior manager”, in relation to a body corporate or partnership, means
an individual who plays a significant role in—
the making of decisions about how the whole or a substantial
part of the activities of the body corporate or partnership are
to be managed or organised, or
the managing or organising of the whole or a substantial part
of those activities.
Proceedings for an offence alleged to have been committed by a partnership
by virtue of this section must be brought in the name of the partnership (and
not in that of any of the partners).
For the purposes of such proceedings—
rules of court relating to the service of documents have effect as if the
partnership were a body corporate, and
the following provisions apply as they apply in relation to a body
corporate—
section 33 of the Criminal Justice Act 1925 and Schedule 3 to
the Magistrates’ Courts Act 1980;
sections 34(2), 66(6AA) and 72D(2) of the Criminal Procedure
(Scotland) Act 1995;
section 18 of the Criminal Justice Act (Northern Ireland) 1945
(c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts
(Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).
A fine imposed on a partnership on its conviction for an offence committed
by virtue of this section is to be paid out of the partnership assets.
In consequence of the provision made by this section, omit the following
provisions of the Economic Crime and Corporate Transparency Act 2023—
sections 196 to 198 (including the italic heading before those sections);
in section 217, subsection (5)(f) and the words “197(1) or” in
subsections (8) and (9);
Schedule 12.
The Secretary of State may by regulations make such provision as the Secretary
of State considers appropriate in consequence of this Act.
The power in
section 419
(1)
of the
Sentencing Act 2020
(power to state effect
of commencement provisions) applies in relation to any amendment or repeal
made by or under this Act of
that Act
as it applies in relation to an
amendment or repeal made by
Schedule 22
to
that Act
.
The Scottish Ministers may by regulations make such provision within
devolved competence as they consider appropriate in consequence of—
section 106 ;
For this purpose, provision is “within devolved competence” if it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
The Department of Justice in Northern Ireland may by regulations make such
transferred provision as it considers appropriate in consequence of—
section 145 (2) and Schedule 17 .
In subsection (4) “transferred provision” means provision that—
would be within the legislative competence of the Northern Ireland
Assembly if it were contained in an Act of that Assembly, and
would not, if it were contained in a Bill in the Northern Ireland
Assembly, result in the Bill requiring the consent of the Secretary of
State under section 8 of the Northern Ireland Act 1998.
Regulations under this section may amend, repeal or revoke legislation passed
or made before, or in the same Session as, this Act.
A power to make regulations includes power to make—
consequential, supplementary, incidental, transitional, transitory or
saving provision;
different provision for different purposes or areas.
Regulations of the Secretary of State are to be made by statutory instrument.
The Secretary of State may not make a statutory instrument containing any
of the following (whether alone or with other provision) unless a draft of the
instrument has been laid before and approved by a resolution of each House
of Parliament—
regulations under section 197 (1) that amend primary legislation.
Any other statutory instrument made by the Secretary of State containing
regulations is subject to annulment in pursuance of a resolution of either
House of Parliament.
This section does not apply to regulations under section 171 (3) .
In this section—
“
primary legislation” means an Act of Parliament, an Act of the Scottish
Parliament, an Act or Measure of Senedd Cymru, or Northern Ireland
legislation;
“
regulations” means regulations under any provision of this Act except
section 201
.
The following regulations (which are made by the Scottish Ministers) are
subject to the affirmative procedure—
regulations under section 58 (2) ;
regulations under section 197 (3) that amend primary legislation.
Any other regulations made by the Scottish Ministers under this Act are
subject to the negative procedure.
For the meaning of “affirmative procedure” and “negative procedure”, see
Part 2
of the
Interpretation and Legislative Reform (Scotland) Act 2010
(asp
10).
A power of the Department of Justice in Northern Ireland to make regulations
under this Act is exercisable by statutory rule for the purposes of the
Statutory
Rules (Northern Ireland) Order 1979
(S.I. 1979/1573 (N.I. 12)).
The following regulations may not be made unless a draft of the regulations
has been laid before and approved by a resolution of the Northern Ireland
Assembly—
regulations under section 58 (3) ;
regulations under section 197 (4) that amend primary legislation.
Any other regulations made by the Department of Justice in Northern Ireland
under this Act are subject to negative resolution within the meaning given
by
section 41
(6)
of the
Interpretation Act (Northern Ireland) 1954
.
Regulations of the Welsh Ministers under this Act are to be made by statutory
instrument.
A statutory instrument containing regulations made by the Welsh Ministers
under
section 192
is subject to annulment in pursuance of a resolution of
Senedd Cymru.
In this section “primary legislation” has the meaning given by section 198 .
Subject as follows, this Act extends to England and Wales only.
The following extend to England and Wales, Scotland and Northern Ireland—
section 30 ;
section 39 (2) (d) ;
sections 40 and 41 ;
section 60 ;
sections 65 to 68 (except section 68 (6) );
section 71 ;
section 83 ;
section 87 ;
section 89 ;
section 91 ;
section 96 ;
Part 8 (except section 111 (3) );
section 129 ;
section 136 ;
this Part;
paragraph 18 of Schedule 9 .
Section 90 extends to Scotland and Northern Ireland.
Any amendment made by the following has the same extent as the provision
amended—
section 28 (1) or (3) (and section 28 (4) has effect accordingly);
section 32 ;
section 62 ;
section 64 (5) and (6) ;
section 93 ;
section 95 ;
section 104 ;
section 106 ;
section 135 ;
section 137 ;
section 138 ;
section 190 ;
section 195 ;
Schedule 10 ;
Schedule 14 ;
Schedule 21 .
Nothing in
subsections (1)
to
(8)
limits the extent within the United Kingdom
of the armed forces provisions.
Section 384(1) and (2) of the Armed Forces Act 2006 (extent outside the United
Kingdom) applies to the armed forces provisions as it applies to the provisions
of that Act.
In this section “armed forces provision” means—
a provision made, or inserted, by or under this Act so far as it is
applied (by whatever words) by or under the Armed Forces Act 2006;
an amendment, modification or repeal made by or under this Act of—
a provision of or made under the Armed Forces Act 2006,
a provision that amends, modifies or repeals a provision of, or
made under, that Act, or
any other provision, so far as the provision is applied (by
whatever words) by or under that Act.
Subject as follows, this Act comes into force on such day as the Secretary of
State may by regulations appoint.
The following provisions come into force on the day on which this Act is
passed—
section 156 , for the purposes of making rules;
section 191 ;
this Part except section 196 .
The following provisions come into force at the end of the period of two
months beginning with the day on which this Act is passed—
section 70 ;
section 82 ;
section 124 ;
section 126 ;
section 184 ;
section 196 ;
Schedule 21 .
The Secretary of State may by regulations make transitional or saving provision
in connection with the coming into force of any provision of this Act.
Regulations of the Secretary of State under this section may make different
provisions for different purposes or areas.
Regulations of the Secretary of State under this section are to be made by
statutory instrument.
so far as extending to Scotland, on such day as the Scottish Ministers
may by order appoint;
so far as extending to Northern Ireland, on such day as the Department
of Justice in Northern Ireland may by order appoint.
The following come into force on such day as the Department of Justice in
Northern Ireland may by order appoint—
section 62
(2)
,
(3)
and
(4)
(b)
so far as relating to an offence under
section
40
;
section 145 (2) and Schedule 17 .
transitional or saving provision;
different provision for different purposes.
Before making regulations under section
201
(1)
appointing a day on which
any provision of
Chapter 2
or
4
of
Part 4
, or section
94
(1)
, comes into force,
the Secretary of State must consult—
the Scottish Ministers, and
the Department of Justice in Northern Ireland.
Before making an order under section
201
(7)
(a)
appointing a day on which
section
94
(1)
comes into force, the Scottish Ministers must consult—
the Secretary of State, and
the Department of Justice in Northern Ireland.
Before making an order under section
201
(7)
(b)
appointing a day on which
section
94
(1)
comes into force, the Department of Justice in Northern Ireland
must consult—
the Secretary of State, and
the Scottish Ministers.
This Act may be cited as the Crime and Policing Act 2025.
The Anti-social Behaviour, Crime and Policing Act 2014 is amended as set
out in this Part.
Section 1 (power to grant injunctions) is amended as follows.
In the heading, after “grant” insert “youth”.
In subsection (1) —
after “section” insert “(a “youth injunction”)”;
after “over” insert “but under 18”.
In
subsection (4)
, for “An injunction under this section” substitute “A youth
injunction”.
“(4A)
But a youth injunction may not have the effect of excluding the
respondent from the place where the respondent normally lives.”
In subsection (5) —
for “an injunction under this section” substitute “a youth injunction”;
in
paragraph (a)
, for the words from “works” to “establishment”
substitute “attends school or any other educational establishment,
or at which the respondent normally works”;
in paragraph (b), for “may be” substitute “is”.
“(6)
A youth injunction must specify the period for which it has effect,
which must be no more than 12 months.”
In
subsection (7)
, for “An injunction under this section” substitute “A youth
injunction”.
“(8)
An application for a youth injunction must be made to a youth
court.”
“(9)
In this Part, anti-social behaviour means—
(a)
conduct that has caused, or is likely to cause, harassment,
alarm or distress to any person, or(b)
housing-related anti-social conduct (see section 2 ).”
“1A Power to grant housing injunctions
(1)
A court may grant an injunction under this section (a “housing
injunction”) against a person aged 18 or over (“the respondent”) if two conditions are met.(2)
The first condition is that the court is satisfied, on the balance of
probabilities, that the respondent has engaged or threatens to engage in housing-related anti-social conduct (see section 2 ).(3)
The second condition is that the court considers it just and
convenient to grant the injunction for the purpose of preventing the respondent from engaging in housing-related anti-social conduct.(4)
A housing injunction may for the purpose of preventing the
respondent from engaging in housing-related anti-social conduct—(a)
prohibit the respondent from doing anything described in
the injunction;(b)
require the respondent to do anything described in the
injunction.(5)
Prohibitions and requirements in a housing injunction must, so far
as practicable, be such as to avoid—(a)
any interference with the times, if any, at which the
respondent normally works or attends any educational establishment;(b)
any conflict with the requirements of any other court order
or injunction to which the respondent may be subject.(6)
A housing injunction must—
(a)
specify the period for which it has effect, or
(b)
state that it has effect until further order.
(7)
A housing injunction may specify periods for which particular
prohibitions or requirements have effect.(8)
An application for a housing injunction must be made to the High
Court or the county court, subject to any rules of court made under section 18(2).(9)
A court may treat an application for a housing injunction as an
application under section A1 (power to make respect orders) for an order under that section.”
Section 2 (meaning of “anti-social behaviour”) is amended as follows.
In the heading, for ““anti-social behaviour”” substitute ““housing-related
anti-social conduct””.
In subsection (1) —
for ““anti-social behaviour”” substitute ““housing-related anti-social
conduct””;
omit paragraph (a) .
In subsection (2) , for “section 1” substitute “this Part”.
In
section 3
(requirements included in injunctions), for “section 1”, in both
places it occurs, substitute “this Part”.
Section 4 (power of arrest) is amended as follows.
In subsection (1) —
for “section 1” substitute “this Part”;
in
paragraph (a)
, for “anti-social behaviour” substitute “relevant
conduct”.
“(3)
In this section, “relevant conduct” means—
(a)
in relation to a youth injunction, anti-social behaviour;
(b)
in relation to a housing injunction, housing-related anti-social
conduct.”
Section 5 (applications for injunctions) is amended as follows.
In subsection (1) , for “section 1” substitute “this Part”.
In subsection (3) , for “anti-social behaviour” substitute “relevant conduct”.
“(4A)
In this section, “relevant conduct” means—
(a)
in relation to a youth injunction, anti-social behaviour;
(b)
in relation to a housing injunction, housing-related anti-social
conduct.”
In
section 6
(applications without notice), in
subsection (1)
, for “section 1”
substitute “this Part”.
In section 7 (interim injunctions)—
in subsection (1), for “section 1” substitute “this Part”;
in subsection (2), for “that section” substitute “this Part”.
Section 8 (variation or discharge of injunctions) is amended as follows.
In subsection (1) , for “section 1” substitute “this Part”.
“(2)
In subsection (1) “the court” means that court that granted the
injunction.”
Section 9 (arrest without warrant) is amended as follows.
In subsection (1) , for “section 1” substitute “this Part”.
“(a)
in the case of a housing injunction—
(i)
a judge of the county court, or
(ii)
if the injunction was granted by the High Court, a
judge of the High Court or a judge of the county court;(b)
in the case of a youth injunction, a justice of the peace.”
In subsection (5) , omit “or (b)”.
In subsection (6) , for “(c)” substitute “ (b) ”.
Section 10 (issue of arrest warrant) is amended as follows.
In subsection (1) , for “section 1” substitute “this Part”.
“(a)
in the case of a housing injunction—
(i)
a judge of the High Court, if the injunction was
granted by the High Court, or(ii)
a judge of the county court, if the injunction was
granted by the county court;(b)
in the case of a youth injunction, a justice of the peace.”
In subsection (6)—
for “before—” substitute “before the youth court that granted the
injunction”;
omit paragraphs (a) and (b).
In
section 12
(powers in respect of under-18s), before “injunctions” insert
“youth”.
Section 13
(power to exclude person from home),
subsection (1)
is amended
as follows.
In the words before
paragraph (a)
, for “An injunction under section 1”
substitute “A housing injunction”.
Omit paragraph (a) .
In
paragraph (c)
(i)
, for “anti-social behaviour” substitute “housing-related
anti-social conduct”.
“13A Requirement to carry out risk assessment
(1)
A person applying for an injunction under this Part must before
doing so carry out a risk assessment in relation to the application.(2)
A risk assessment, in relation to an application for an injunction
under this Part, is an assessment of—(a)
the risk of any person being caused nuisance or annoyance
in relation to their occupation of residential premises by the respondent’s conduct,(b)
(in relation to an application for a youth injunction), the risk
of any person being caused harassment, alarm or distress by the respondent’s conduct,(c)
any vulnerabilities of the respondent,
(d)
any alternative means of preventing the respondent from
engaging in relevant conduct, and(e)
such other matters as the person considers relevant.
(3)
A person required to carry out a risk assessment under this section
must in doing so have regard to any guidance issued by the Secretary of State under section 19 .(4)
In this section, “relevant conduct” means—
(a)
in relation to an application for a youth injunction, anti-social
behaviour;(b)
in relation to an application for a housing injunction,
housing-related anti-social conduct.”
Section 14 (requirements to consult etc) is amended as follows.
In subsection (1) —
in the words before
paragraph (a)
, for “section 1” substitute “this
Part”;
in paragraph (a) —
at the beginning insert “in the case of a youth injunction,”;
omit the words from “if” to the end;
in paragraph (b) —
at the beginning insert “in any case,”;
for “other” substitute “(or, where
paragraph (a)
applies, any
other).”
In subsection (2) —
in
paragraph (a)
, at the beginning insert “in the case of a youth
injunction,”;
in paragraph (b) —
at the beginning insert “in any case,”;
for “other” substitute “(or, where
paragraph (a)
applies, any
other)”.
In subsection (3) —
in the words before paragraph (a), for “section 1” substitute “this
Part”;
in
paragraph (a)
, at the beginning insert “in the case of a youth
injunction,”;
in paragraph (b) —
at the beginning insert “in any case,”;
for “other” substitute “(or, where
paragraph (b)
applies, any
other)”.
Section 18 (rules of court) is amended as follows.
In subsection (1) , for “section 1” substitute “this Part”.
In subsection (2) —
in the words before
paragraph (a)
, for “an injunction under section
1” substitute “a housing injunction or a respect order”;
in
paragraph (a)
, for “an injunction under that section” substitute
“a youth injunction”.
In subsection (3)—
in the words before paragraph (a), for “under this Part” substitute
“on an application for a youth injunction”;
in paragraph (a), at the end insert “and for the application to be
treated as an application for a housing injunction or a respect order
(as the court to which the proceedings are transferred considers
appropriate)”.
In
section 19
(guidance), in
subsection (1)
, for “section 1” substitute “this
Part”.
In section 20 (interpretation etc), subsection (1) is amended as follows.
In the definition of “anti-social behaviour”, for “section 2” substitute “section
1
(9)
”.
““
respondent”—(a)
in relation to a youth injunction, has the meaning given by
section 1(1);(b)
in relation to a housing injunction, has the meaning given
by section 1A(1);”.
““
housing injunction” means an injunction under section 1A;”
““respect order” means an order under section A1;”
““
youth injunction” means an injunction under section 1.”
In section 101 (the community remedy document), in subsection (9), for
““ conduct that has caused, or is likely to cause, harassment, housing-related anti-social conduct as defined by section 2
the definition of “anti-social behaviour” substitute—
anti-social behaviour” means—
(a)
alarm or distress to any person, or
(b)
(ignoring subsection (2) of that section);”.
Section 102 (anti-social behaviour etc: out-of-court disposals) is amended
as follows.
In subsection (1), in paragraph (c), for “an injunction under section 1”
substitute “a respect order under section A1 or an injunction under Part
1”.
““
anti-social behaviour” means—(a)
conduct that has caused, or is likely to cause, harassment,
alarm or distress to any person, or(b)
housing-related anti-social conduct, as defined by section 2
(ignoring subsection (2) of that section);”.
Schedule 2
(breach of injunctions: powers of court in respect of under-18s)
is amended as follows.
In the heading, before “injunctions” insert “youth”.
In paragraph 1(1), for “an injunction under section 1” substitute “a youth
injunction”.
Section 84A of the
Housing Act 1985
(absolute ground for possession for
anti-social behaviour) is amended as follows.
In subsection (4)—
for “section 1” substitute “Part 1”;
after “2014” insert “or a respect order”.
““
relevant proceedings” means—(a)
proceedings for an offence under section I1 of the Anti-social
Behaviour, Crime and Policing Act 2014,(b)
proceedings under Schedule 2 to that Act, or
(c)
proceedings for contempt of court;
“
respect order” means an order under section A1 of the Anti-social
Behaviour, Crime and Policing Act 2014;”.
In Schedule 3 to that Act (grounds for withholding consent to assignment
“a respect order under section A1 of the Anti-social Behaviour,
Crime and Policing Act 2014;
an injunction under Part 1 of that Act;”
by way of exchange), in Ground 2A, in the definition of “relevant order”,
for “an injunction under section 1 of the Anti-social Behaviour, Crime and
Policing Act 2014” substitute—
In Part 1 of Schedule 2 to the
Housing Act 1988
(grounds on which court
must order possession of dwelling-houses let on assured tenancies), Ground
7A is amended as follows.
In condition 2, in the words before paragraph (a)—
for “section 1” substitute “Part 1”;
after “2014” insert “or a respect order”.
In the list of definitions for the purposes of Ground 7A, for the definition
““ proceedings for an offence under section I1 of the Anti-social proceedings under Schedule 2 to that Act, or proceedings for contempt of court;
“
of “relevant proceedings” substitute—
relevant proceedings” means—
(a)
Behaviour, Crime and Policing Act 2014,
(b)
(c)
respect order” means an order under section A1 of the Anti-social
Behaviour, Crime and Policing Act 2014;”.
In section 50 of the
Police Reform Act 2002
(persons engaging in anti-social In subsection (1) “anti-social behaviour” means— conduct that has caused, or is likely to cause, harassment, housing-related anti-social conduct, as defined by section 2
behaviour), for subsection (1A) substitute—
“(1A)
(a)
alarm or distress to any person, or
(b)
of the Anti-social Behaviour, Crime and Policing Act 2014
(ignoring subsection (2) of that section).”
In Schedule 14 to the
Localism Act 2011
(grounds on which landlord may
refuse to surrender and grant tenancies under section 158), in paragraph
6(4), in the definition of “relevant order”—
“(ea)
a respect order under section A1 of the Anti-social
Behaviour, Crime and Policing Act 2014,”;
in paragraph (f), for “section 1 of the Anti-social Behaviour, Crime
and Policing Act 2014” substitute “Part 1 of that Act”.
In section 80(3) of the Sentencing Code (list of circumstances where an section I1(4) of the Anti-social Behaviour, Crime and Policing
order for conditional discharge is not available), after paragraph (c) insert—
“(ca)
Act 2014 (breach of respect order);”.
The
Anti-social Behaviour, Crime and Policing Act 2014
is amended as
follows.
In section 76 (power to issue closure notices)—
in subsection (1) —
omit “or”, in the first place it appears;
after “authority,” insert “or a registered social housing
provider (“RSH provider”),”;
“(1A)
An RSH provider may only issue a closure notice in respect
of premises owned or managed by that provider.”;
in subsection (7) —
for “or local authority” substitute “, local authority or RSH
provider”;
for “or authority” substitute “, authority or provider”.
In section 77 (duration of closure notices)—
in subsection (2) —
omit “or” at the end of paragraph (a) ;
(c)
if, in the case of a notice issued by an RSH
provider, the notice is signed by an individual who is part of the provider’s senior management.”;
in subsection (4) —
omit “or” at the end of paragraph (a) ;
(c)
if, in the case of a notice issued by an RSH
provider, the RSH provider issues an extension notice signed by an individual who is part of the provider’s senior management.”;
“(7)
For the purposes of this section, an individual is part of an
RSH provider’s senior management if the individual plays a significant role in—(a)
the making of decisions about how the whole or a
substantial part of the activities of the provider which relate to social housing are to be managed or organised, or(b)
the management or organisation of the whole or a
substantial part of such activities.”
In section 78 (cancellation or variation of closure notices)—
in
subsections (1)
,
(2)
,
(3)
and
(6)
, for “officer or authority” substitute
“person”;
“(4A)
A cancellation notice or a variation notice that relates to a
closure notice which was—(a)
issued by an RSH provider, and
(b)
signed as mentioned in section 77(2) (c) ,
must be signed by the person who signed the extension notice (or, if that person is not available, by another person who could have signed the extension notice).”;
in subsection (5) —
after “local authority” insert “or RSH provider”;
after “section 77(4)(b)” insert “or (c) (as the case may be)”;
“(d)
in the case of a closure notice issued by an RSH
provider, that provider.”
In section 79 (service of notices)—
(c)
a representative of the provider that issued the notice,
in the case of a notice issued by an RSH provider.”;
in subsections (2) , (3) and (4) , omit “local authority”;
“(6)
In this section “representative”, in relation to an RSH
provider, means—(a)
an employee of the provider, or
(b)
a person, or employee of a person, acting on behalf
of the provider.”
In
section 80
(power of court to make closure orders), in
subsection (2)
, after
paragraph (b)
insert— by the provider that issued the closure notice, if the notice
“(c)
was issued by an RSH provider.”
In section 82 (extension of closure orders)—
“(c)
where the closure order was made on the application
of an RSH provider, that provider.”;
in subsection (3) —
for “or local authority” substitute “, local authority or RSH
provider”;
for “the appropriate consultee has been consulted” substitute
“appropriate consultation”;
after “application” insert “has been carried out”;
“(4)
An appropriate consultation about the intention to make the
application is carried out if the following are consulted—(a)
the local authority and any relevant RSH provider,
in the case of an application by a police officer;(b)
the chief officer of police for the area in which the
premises are situated and any relevant RSH provider, in the case of an application by a local authority;(c)
the local authority and the chief officer of police for
the area in which the premises are situated, in the case of an application by an RSH provider.An RSH provider is “relevant” if it owns or manages the premises.”
In section 83 (discharge of closure orders)—
“(ba)
the provider that applied for the closure order, where
the order was made on the application of an RSH provider;”;
“(6A)
Where—
(a)
the order in question was made on the application
of an RSH provider, and(b)
a person other than that provider makes an
application under this section for the discharge of the order,the justice may issue a summons directed to that provider requiring it to appear before the magistrates’ court to respond to the application.
(6B)
If a summons is issued under subsection (6A) , a notice stating
the date, time and place of the hearing of the application must be served on—(a)
the provider mentioned in that subsection;
(b)
the persons mentioned in subsection (2)(c) and (d)
(other than the complainant).”
“(3A)
An RSH provider may appeal against—
(a)
a decision not to make a closure order applied for by that
provider;(b)
a decision not to extend a closure order made on the
application of that provider;(c)
a decision (under section 81) not to order the continuation
in force of a closure notice issued by that provider.”
(c)
in relation to a closure order made on the application of an
RSH provider, means a person authorised by that provider.”
“(ba)
the RSH provider, in a case where that RSH provider owns
or manages the premises;”.
In section 88 (reimbursement of costs)—
in
subsection (1)
, for “or a local authority” substitute “, a local
authority or an RSH provider”;
in subsection (5) —
in
paragraph (a)
, after “authority” insert “or an RSH
provider”;
in paragraph (b) , after “body” insert “or an RSH provider”;
“(6)
Where a local authority or a local policing body makes an
application under this section in respect of premises owned or managed by an RSH provider, the application must also be served on the RSH provider.”
In section 89 (exemption from liability)—
“(2A)
An RSH provider is not liable for damages in proceedings
for—(a)
judicial review, or
(b)
the tort of negligence,
arising out of anything done or omitted to be done by the provider in the exercise or purported exercise of a power under this Chapter.”;
in subsection (3) , for “and (2)” substitute “to (2A)”;
in subsection (4) , for “and (2)” substitute “to (2A)”.
In
section 91
(guidance), in
subsection (1)
(b)
, after “authorities” insert “and
RSH providers”.
In section 92 (interpretation)—
““
registered social housing provider” (or “RSH provider”)
means—(a)
in relation to England, a registered provider of social
housing;(b)
in relation to Wales, a Welsh body registered as a
social landlord under section 3 of the Housing Act
1996 ;”;
“(4)
For the purposes of this Chapter, an RSH provider owns
premises if—(a)
the provider is a person (other than a mortgagee not
in possession) entitled to dispose of the fee simple in the premises, whether in possession or in reversion, or(b)
the provider is a person who holds or is entitled to
the rents and profits of the premises under a lease that (when granted) was for a term of at least 3 years.”
This is
the Schedule
to be inserted after
Schedule 4
to the
Anti-social Behaviour, In making and revising its LPB review procedures, the local policing body In making and revising its LPB review procedures, a local policing body In this Schedule “relevant local provider of social housing”, in relation to The LPB review procedures must include provision about what is to happen dealt with an application for an LPB case review, or carried out an LPB case review. The LPB review procedures must include provision about— the assessment of the effectiveness of those procedures, and the revision of those procedures. In carrying out LPB case reviews, the local policing body for a police area The relevant local providers of social housing must co-operate with the A local policing body may request any person to disclose information for If such a request is made to a person who exercises public functions, and Except as provided by sub-paragraph
(5)
, a disclosure under this paragraph any obligation of confidence owed by the person making the any other restriction on the disclosure of information (however This paragraph does not require or authorise— a disclosure which would contravene the data protection legislation a disclosure which is prohibited by any of
Parts 1
to
7
or
Chapter In this paragraph, “the data protection legislation” has the same meaning This paragraph applies where, by virtue of paragraph 8 of Schedule 4 (joint Section 104A(2) applies in relation to the local government area as if Section 104A(3) applies in relation to the local government area as if one of the local policing bodies for those police areas, or two or more of the local policing bodies for those police areas acting LPB review procedures may make different provision in relation to different A local policing body must, in such manner as it thinks appropriate, opportunities in the body’s police area to make applications for LPB the LPB review procedures for such reviews. A local policing body must have regard to guidance issued by the Secretary
Crime and Policing Act 2014
—
“Schedule 4A
LPB case reviews: supplementary provision
Part 1
Making and revising LPB review procedures
Consultation: relevant bodies
1
for a police area must consult the relevant bodies for each local government
area all or part of which falls within the police area.
Consultation: local providers of social housing
2
(1)
for a police area must consult such relevant local providers of social housing
as it considers appropriate.
(2)
the local policing body for a police area, means a local provider of social
housing in a local government area all or part of which falls within that
police area.
Dissatisfaction with LPB case reviews
3
where an applicant is dissatisfied with the way in which the local policing
body has—
(a)
(b)
Assessment and revision of LPB review procedures
4
(a)
(b)
Part 2
LPB case reviews
Consultation and co-operation: local providers of social housing
5
(1)
must consult such relevant local providers of social housing as it considers
appropriate.
(2)
local policing body for a police area in any matters specified by the body
that concern LPB case reviews.
Information
6
(1)
a purpose connected with the carrying out of an LPB case review.
(2)
that person possesses the requested information in connection with the
exercise of such functions, the person must (subject to sub-paragraph
(5)
) comply with the request.
(3)
(4)
does not breach—
(a)
disclosure, or
(b)
imposed).
(5)
(a)
(but in determining whether a disclosure would do so, take into
account the duty imposed or (as the case may be) the power
conferred by this paragraph), or
(b)
1
of
Part 9
of the
Investigatory Powers Act 2016
.
(6)
as in the
Data Protection Act 2018
(see section 3 of that Act).
Part 3
Effect of joint review procedures
7
(1)
review procedures), a local government area falls within two or more police
areas.
(2)
references to the local policing body for the police area were to all of the
local policing bodies for those police areas acting jointly.
(3)
references to the local policing body for the police area were to—
(a)
(b)
jointly.
(4)
Part 4
General
Different review procedures for different parts of an area
8
parts of a police area.
Duty to promote awareness of LPB case reviews
9
promote awareness of—
(a)
case reviews, and
(b)
Guidance
10
of State in exercising functions under section 104A, Schedule 4 or this
Schedule.”
In this Schedule—
The relevant officer may give a penalty notice only after—
the officer has given the respondent a notice of intent,
the period for the respondent to make representations in accordance
with the notice of intent has expired, and
the officer has considered such representations (if any).
A “notice of intent” is a notice—
specifying that the relevant officer proposes to give a penalty notice,
the officer’s reasons for doing so and the proposed amount of the
penalty,
inviting the respondent to make representations to the officer about
the proposal, and
specifying the means by which, and the period within which, any
representations must be made.
The period specified under
sub-paragraph (2)
(c)
must be at least 28 days
beginning with the day on which the notice of intent is given.
A penalty notice must—
give reasons for the imposition of the penalty;
specify the amount of the penalty and how it is to be paid;
specify the period within which the penalty must be paid;
contain details of the right of appeal against the penalty (see
paragraph
6
);
set out the consequences of not paying the penalty.
The relevant officer may at any time withdraw a notice of intent or penalty
notice by giving notice to that effect to the respondent.
This paragraph applies where a penalty notice is given under section 23 .
The respondent is excused from paying the penalty if the respondent shows
that they took all reasonable steps to comply with the content removal
notice or (as the case may be) decision notice.
A penalty notice under section
23
(or a notice of intent) may be given
without the relevant officer having established whether
sub-paragraph (2)
applies in respect of the respondent.
The respondent may appeal to the court against a decision to give a penalty
notice.
The grounds for appeal are—
that the decision was based on an error of fact;
that the decision was wrong in law;
that the amount of the penalty was unreasonable;
in a case to which
paragraph 5
applies, that the respondent is
excused from payment by virtue of
sub-paragraph (2)
of
that
paragraph
;
any other reason.
Any appeal must be brought before the end of the period of 28 days
beginning with the day on which the penalty notice was given.
The court may—
allow the appeal and cancel the penalty,
allow the appeal and reduce the amount of the penalty, or
dismiss the appeal.
An appeal is to be a re-hearing of the relevant officer’s decision to impose
the penalty and is to be determined having regard to any matter which
the court considers relevant (which may include matters of which the officer
was unaware).
Sub-paragraph (5) has effect despite any provision of rules of court.
In this paragraph “the court” means—
the county court, if the appeal relates to a penalty notice given to—
a content manager who is habitually resident in England
and Wales,
a service provider where the provider’s registered office, or
principal office in the United Kingdom, is in England and
Wales, or
a service provider where the provider has no office in the
United Kingdom;
a sheriff or summary sheriff, if the appeal relates to a penalty notice
given to—
a content manager who is habitually resident in Scotland,
or
a service provider where the provider’s registered office, or
principal office in the United Kingdom, is in Scotland;
a county court in Northern Ireland, if the appeal relates to a penalty
notice given to—
a content manager who is habitually resident in Northern
Ireland, or
a service provider where the provider’s registered office, or
principal office in the United Kingdom, is in Northern
Ireland.
A sum payable as a penalty under section
18
may be recovered as a debt
due—
if the coordinating officer is a member of a relevant police force, to
the chief officer of that force, or
if the coordinating officer is a National Crime Agency officer, to the
Secretary of State.
A sum payable as a penalty under section
23
may be recovered as a debt
due to—
the chief officer of the issuing force, or
if the issuing force is the National Crime Agency, to the Secretary
of State.
“Chapter 2A Child criminal exploitation prevention orders
Making of orders
358A Power to make child criminal exploitation prevention order
(1)
This section applies where a court is dealing with an offender aged
18 or over for an offence.(2)
The court may make an order under section 358B (a “CCE prevention
order”) if the following conditions are met.(3)
The first condition is that—
(a)
the court is satisfied that the offender has engaged in child
criminal exploitation or in conduct associated with child criminal exploitation, or(b)
the offence is an offence under section 40 of the Crime and
Policing Act 2025 (child criminal exploitation).(4)
The second condition is that the court considers that there is a risk
that the offender will engage in child criminal exploitation.(5)
The third condition is that the court considers that it is necessary
to make the order to prevent the offender from engaging, or reduce the likelihood of the offender engaging, in child criminal exploitation.(6)
In subsection (3) —
(a)
the reference to engaging in anything includes engaging in
it before (as well as after) the time when Schedule 5 to the Crime and Policing Act 2025 comes into force;(b)
the reference to an offence includes an offence committed
before (as well as after) that time.(7)
In this Chapter—
(a)
a reference to a person “engaging in child criminal
exploitation” is to the person doing anything that constitutes an offence, in England and Wales, under section 40 of the Crime and Policing Act 2025;(b)
a reference to a person “engaging in conduct associated with
child criminal exploitation” is to the person doing anything associated with the doing of anything that constitutes such an offence.358B CCE prevention orders
(1)
A CCE prevention order is an order which—
(a)
prohibits the offender from doing anything described in the
order;(b)
requires the offender to do anything described in the order.
The order may in particular require the offender to comply with section 358C (notification).
(2)
A court may include a prohibition or requirement only if it considers
it necessary for the purpose of preventing the offender from engaging, or reducing the likelihood of the offender engaging, in child criminal exploitation.(3)
Prohibitions and requirements must, so far as practicable, be such
as to avoid—(a)
any conflict with any religious beliefs of the offender;
(b)
any interference with the times, if any, at which the offender
normally works or attends any educational establishment;(c)
any conflict with the prohibitions and requirements of any
other court order or injunction to which the offender is subject.(4)
A prohibition or requirement applies throughout the United
Kingdom unless expressly limited to a particular area.(5)
A CCE prevention order must—
(a)
specify the period for which it has effect (which must be at
least five years), or(b)
state that it has effect until further order.
(6)
Where—
(a)
the offender has been remanded in or committed to custody
by an order of a court, or(b)
a custodial sentence has been imposed on the offender or
the offender is serving or otherwise subject to a such a sentence,a CCE prevention order may provide that it does not take effect until the offender is released from custody or ceases to be subject to a custodial sentence.
(7)
A CCE prevention order may specify periods for which particular
prohibitions or requirements have effect.(8)
Where a court makes a CCE prevention order in respect of an
offender who is already subject to such an order, the earlier order ceases to have effect.358C Notification requirements
(1)
This section applies where a CCE prevention order requires the
offender to comply with this section.(2)
Before the end of the period of three days beginning with the day
on which a CCE prevention order requiring the offender to comply with this section is first served, the offender must notify to the police—(a)
the offender's name and, where the offender uses one or
more other names, each of those names, and(b)
the offender's home address.
(3)
If, while the offender is subject to the order, the offender—
(a)
uses a name which has not been notified under the order,
or(b)
changes home address,
the offender must notify, to the police, the new name or the new home address.
(4)
A notification under subsection (3) must be given before the end of
the period of three days beginning with the day on which the offender uses the name or changes home address.(5)
A notification under this section is made by—
(a)
attending at a police station in—
(i)
the offender’s local police area, or
(ii)
the local police area in which the court that made
the order is situated, and(b)
giving an oral notification to a constable, or to a person
authorised for the purpose by the officer in charge of the station.(6)
A notification under this section must be acknowledged in writing.
(7)
In this section “home address” means—
(a)
the address of the offender’s sole or main residence in
England and Wales, or(b)
where the offender has no such residence, the address or
location of a place in England or Wales where the offender can regularly be found and, if there is more than one such place, such one of those places as the offender may select.(8)
In determining the period of three days mentioned in subsection
(2) or (4), no account is to be taken of any time when the offender is—(a)
lawfully detained or otherwise lawfully deprived of their
liberty, in the United Kingdom, or(b)
outside the United Kingdom.
Procedure
358D Procedural powers
(1)
For the purpose of deciding whether to make a CCE prevention
order, the court may consider evidence led by the prosecution and evidence led by the offender.(2)
It does not matter whether the evidence would have been admissible
in the proceedings for the offence for which the offender is being dealt with.(3)
The court may adjourn any proceedings relating to the making of
a CCE prevention order.(4)
If the offender does not appear for any adjourned proceedings, the
court may—(a)
further adjourn the proceedings,
(b)
issue a warrant for the offender’s arrest, or
(c)
hear the proceedings in the offender’s absence.
(5)
The court may act under subsection (4)(b) only if satisfied that the
offender has had adequate notice of the time and place of the adjourned proceedings.(6)
The court may act under subsection (4)(c) only if satisfied that the
offender—(a)
has had adequate notice of the time and place of the
adjourned proceedings, and(b)
has been informed that if the offender does not appear for
those proceedings, the court may hear the proceedings in the offender’s absence.(7)
Nothing in this section limits any other powers of the court.
Variation, discharge and appeals
358E Variation and discharge of orders
(1)
This section applies where a person mentioned in subsection (2)
applies to a relevant court for the variation or discharge of a CCE prevention order.(2)
The persons are—
(a)
the offender;
(b)
the chief officer of police for the police area in which the
offender lives;(c)
a chief officer of police who believes that the offender is in,
or is intending to come to, the chief officer’s police area.(3)
On the application, the court may (after hearing from the applicant
and any other person mentioned in subsection (2) who wishes to be heard) make any order varying or discharging the order that the court considers appropriate.This is subject to subsection (7).
(4)
The power to vary an order includes power to—
(a)
include an additional prohibition or requirement;
(b)
extend the period for which a prohibition or requirement
has effect;(c)
extend the period for which the order has effect.
(5)
The court may make provision of a kind mentioned in subsection
(4) only if it considers that the provision is necessary to prevent the offender from engaging, or reduce the likelihood of the offender engaging, in child criminal exploitation.(6)
Subsections (3), (4) and (6) of section 358B apply to additional
prohibitions or requirements included on a variation of an order.(7)
The court may not discharge an order before the end of the period
of five years beginning with the day on which the order was made, without the consent of the offender and—(a)
the chief officer of police for the police area in which the
offender lives, or(b)
where the application is made by a chief officer of police,
that chief officer.(8)
In this section “relevant court” means—
(a)
where the Crown Court or the Court of Appeal made the
order, the Crown Court;(b)
in any other case, any magistrates’ court.
358F Appeals
(1)
A person mentioned in subsection (2) may appeal against a decision
made on an application under section 358E .(2)
The persons are—
(a)
the person who made the application;
(b)
the offender;
(c)
the chief officer of police for the police area in which the
offender lives;(d)
a chief officer of police who believes that the offender is in,
or is intending to come to, the chief officer’s police area.(3)
An appeal under this section is to be made—
(a)
where the application was made to the Crown Court, to the
Court of Appeal;(b)
in any other case, to the Crown Court.
(4)
On an appeal under subsection (3)(b), the Crown Court may make—
(a)
such orders as may be necessary to give effect to its
determination of the appeal, and(b)
such incidental and consequential orders as appear to it to
be appropriate.Supplementary
358G Offence of breaching CCE prevention order
(1)
A person who, without reasonable excuse, fails to comply with a
CCE prevention order commits an offence.(2)
A person who commits an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not
exceeding the general limit in a magistrates’ court or a fine (or both);(b)
on conviction on indictment, to imprisonment for a term not
exceeding five years or a fine (or both).(3)
Where a person is convicted of an offence under this section, it is
not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.(4)
In proceedings for an offence under this section, a copy of the
original CCE prevention order, certified by the proper officer of the court that made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those matters is admissible in those proceedings.358H Offences relating to notifications
(1)
This section applies where a CCE prevention order requires a person
to comply with section 358C (notification requirements).(2)
The person commits an offence if—
(a)
without reasonable excuse, they fail to comply with that
section, or(b)
in purported compliance with that section, they notify to the
police any information which they know to be false.(3)
A person who commits an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not
exceeding the general limit in a magistrates’ court or a fine (or both);(b)
on conviction on indictment, to imprisonment for a term not
exceeding five years or a fine (or both).(4)
A person commits an offence under subsection (2) (a) on the day on
which they first fail, without reasonable excuse, to comply with section 358C .(5)
The person continues to commit the offence throughout any period
during which the failure continues.(6)
But the person may not be prosecuted more than once in respect
of the same failure.(7)
Section 358G (4) applies for the purposes of this section.
358I Special measures for witnesses
(1)
Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act
1999 (special measures directions in the case of vulnerable and intimidated witnesses) applies to relevant proceedings under this Chapter as it applies to criminal proceedings, but with—(a)
the omission of sections 17(4) to (7), 21(4C)(e), 22A, 27(10)
and 32 of that Act (which make provision appropriate only in the context of criminal proceedings), and(b)
any other necessary modifications.
(2)
Rules of court made under or for the purposes of Chapter 1 of Part
2 of that Act apply to relevant proceedings under this Chapter—(a)
to the extent provided by rules of court, and
(b)
subject to any modifications provided by rules of court.
(3)
Section 47 of that Act (restrictions on reporting special measures
directions etc) applies with any necessary modifications—(a)
to a direction under section 19 of that Act as applied by this
section;(b)
to a direction discharging or varying such a direction.
Sections 49 and 51 of that Act (offences) apply accordingly.
(4)
In this section “relevant proceedings under this Chapter” means
any proceedings under this Chapter except proceedings relating to an offence under section 358G or 358H .358J Interpretation and supplementary provision
(1)
In this Chapter—
“
CCE prevention order” means an order under section 358B ;“
engaging in child criminal exploitation” has the meaning given
by section 358A (and related expressions are to be construed accordingly).(2)
An application under this Chapter is to be made—
(a)
by complaint, where the application is made to a magistrates’
court;(b)
in accordance with rules of court, in any other case.
(3)
Section 127 of the Magistrates’ Courts Act 1980 (time limit for
complaints etc) does not apply to a complaint under this Chapter.(4)
On the hearing of an application under this Chapter, section 97 of
the Magistrates' Courts Act 1980 (summons to witness and warrant for arrest) does not apply in relation to any person for whose protection the order is sought, except where the person has given oral or written evidence at the hearing.”
In section 80(3) of the Sentencing Code (list of circumstances where an
section 358G
(3)
(breach of CCE prevention order);”.
order for conditional discharge is not available) after paragraph (e) insert—
“(ea)
An offence under
section 33
or
33A
of the
Sexual Offences Act 1956
(keeping
a brothel).
An offence under
section 1
of the
Restriction of Offensive Weapons Act
1959
(offences relating to flick knives and gravity knives).
An offence under any of the following provisions of the Firearms Act 1968 —
An offence under either of the following provisions of the Theft Act 1968 —
section 1 (theft);
section 22 (handling stolen goods).
An offence under any of the following provisions of the
Misuse of Drugs
Act 1971
—
An offence under
section 1
of the
Protection of Children Act 1978
(indecent
photographs of children).
An offence under either of the following provisions of the
Criminal Justice
Act 1988
—
section 141 (offensive weapons);
section 160 (possession of indecent image of child).
An offence under any of the following provisions of the
Sexual Offences
Act 2003
—
any of
sections 1
to
15A
(rape, sexual assault, child sex offences
etc);
any of
sections 30
to
37
(offences against persons with mental
disorder);
any of sections 47 to 50 (sexual exploitation of children);
any of sections 52 to 53A (offences relating to prostitution);
section 61 (administering a substance with intent);
any of sections 66 to 67 (exposure, intimate images, voyeurism).
An offence under any of the following provisions of the Fraud Act 2006 —
section 1 (fraud);
section 6 (possession etc of article for use in fraud);
section 7 (making or supplying article for use in fraud).
An offence under
section 28
of the
Violent Crime Reduction Act 2006
(using
someone to mind a weapon).
An offence under
section 63
of the
Criminal Justice and Immigration Act
2008
(possession of extreme pornographic image).
An offence under
section 62
of the
Coroners and Justice Act 2009
(possession
of prohibited image of child).
An offence under either of the following provisions of the
Modern Slavery
Act 2015
—
section 1 (slavery, servitude or forced or compulsory labour);
section 2 (human trafficking).
An offence under either of the following provisions of the
Serious Crime
Act 2015
—
section 45 (participating in activities of organised crime group);
section 69 (possession of paedophile manual).
An offence under any of the following provisions of the
Psychoactive
Substances Act 2016
—
section 4 (producing psychoactive substance);
section 5 (supplying etc psychoactive substance);
section 7
(possession of psychoactive substance with intent to
supply).
An offence under section 43 of the Border Security, Asylum and Immigration
Act 2025 (possession etc of article for use in serious crime).
An offence under section 40 of this Act (child criminal exploitation).
An inchoate offence (within the meaning of
section 398
(3)
of the Sentencing
Code) in relation to an offence mentioned in a preceding paragraph of
this
Schedule
.
Theft.
Reset.
Fraud.
Uttering.
Embezzlement.
An offence under
section 1
of the
Restriction of Offensive Weapons Act
1959
(offences relating to flick knives and gravity knives).
An offence under any of the following provisions of the Firearms Act 1968 —
An offence under any of the following provisions of the
Misuse of Drugs
Act 1971
—
An offence under any of the following provisions of the
Civic Government
(Scotland) Act 1982
—
section 51A (extreme pornography);
section 52 (indecent photographs etc of children);
section 52A (possession of indecent photographs of children).
An offence under
section 141
of the
Criminal Justice Act 1988
(offensive
weapons).
An offence under any of the following provisions of the
Criminal Law
(Consolidation) (Scotland) Act 1995
—
section 7 (procuring);
section 8 (abduction and unlawful detention);
section 9 (permitting girl to use premises for intercourse);
section 10 (seduction, prostitution etc of girl under 16);
section 13 (living on the earnings of male prostitution).
An offence under any of the following provisions of the
Protection of
Children and Prevention of Sexual Offences (Scotland) Act 2005
—
section 1 (meeting a child following certain preliminary contact);
section 9 (paying for sexual services of a child);
section 10
(causing or inciting provision of sexual services by child
or child pornography);
section 11
(controlling a child providing sexual services or involved
in pornography);
section 12
(arranging or facilitating provision by child of sexual
services or child pornography).
An offence under
section 28
of the
Violent Crime Reduction Act 2006
(using
someone to mind a weapon).
An offence under Part 1 (rape, sexual assault etc) or Part 4 (offences against
children) of the Sexual Offences (Scotland) Act 2009.
An offence under either of the following provisions of the
Criminal Justice
and Licensing (Scotland) Act 2010
—
section 28 (involvement in serious organised crime);
section 30 (directing serious organised crime).
An offence under either of the following provisions of the
Air Weapons
and Licensing (Scotland) Act 2015
—
section 24 (1) (dealing etc in air weapons without being registered).
An offence under either of the following provisions of the
Human
Trafficking and Exploitation (Scotland) Act 2015
—
section 1 (offence of human trafficking);
section 4 (slavery, servitude and forced or compulsory labour).
An offence under any of the following provisions of the
Psychoactive
Substances Act 2016
—
section 4 (producing psychoactive substance);
section 5 (supplying etc psychoactive substance);
section 7
(possession of psychoactive substance with intent to
supply).
An offence under
section 2
of the
Abusive Behaviour and Sexual Harm
(Scotland) Act 2016
(disclosing or threatening to disclose an intimate
photograph or film).
An offence under section 43 of the Border Security, Asylum and Immigration
Act 2025 (possession etc of article for use in serious crime).
Attempting or conspiring to commit an offence specified in
this Part
of
this
Schedule
(a “relevant offence”).
Inciting a person to commit a relevant offence.
Aiding, abetting, counselling or procuring the commission of a relevant
offence, or being involved art and part in the commission of such an offence.
An offence under either of the following provisions of the
Theft Act
(Northern Ireland) 1969
—
section 1 (theft);
section 21 (handling stolen goods).
An offence under any of the following provisions of the
Misuse of Drugs
Act 1971
—
An offence under
Article 3
of the
Protection of Children (Northern Ireland)
Order 1978
(indecent photographs of children).
An offence under
section 141
of the
Criminal Justice Act 1988
(offensive
weapons).
An offence under
Article 15
of the
Criminal Justice (Evidence, Etc.)
(Northern Ireland) Order 1988
(possession of indecent photograph of child).
An offence under
Article 53
of the
Criminal Justice (Northern Ireland)
Order 1996
(manufacture or sale etc of certain knives).
An offence under any of the following provisions of the
Firearms (Northern
Ireland) Order 2004
—
Article 24
(1)
(dealing etc in firearms or ammunition without
certificate);
Article 45 (1) or (2) (weapons subject to general prohibition).
An offence under any of the following provisions of the Fraud Act 2006 —
section 1 (fraud);
section 6 (possession etc of article for use in fraud);
section 7 (making or supplying article for use in fraud).
An offence under
section 63
of the
Criminal Justice and Immigration Act
2008
(possession of extreme pornographic image).
An offence under any of the following provisions of the
Sexual Offences
(Northern Ireland) Order 2008
—
any of Articles 5 to 22E (rape, sexual assault, child sex offences etc);
any of
Articles 37
to
40
(abuse of children under 18: payment for
sexual services and involvement in indecent images);
any of
Articles 43
to
50
(offences against persons with a mental
disorder);
any of Articles 62 to 64A (exploitation of prostitution);
Article 65 (administering a substance with intent);
Article 70
,
71
or
72A
(exposure, voyeurism, sending etc. unwanted
sexual image).
An offence under
section 62
of the
Coroners and Justice Act 2009
(possession
of prohibited image of child).
An offence under either of the following provisions of the
Human
Trafficking and Exploitation (Criminal Justice and Support for Victims) Act
(Northern Ireland) 2015
—
section 1 (slavery, servitude and forced or compulsory labour);
section 2 (human trafficking).
An offence under
section 69
of the
Serious Crime Act 2015
(possession of
paedophile manual).
An offence under any of the following provisions of the
Psychoactive
Substances Act 2016
—
section 4 (producing psychoactive substance);
section 5 (supplying etc psychoactive substance);
section 7
(possession of psychoactive substance with intent to
supply).
An offence under
paragraph 1
of
Schedule 2
to the
Violent Crime Reduction
Act 2006
(using someone to mind a weapon).
An offence under section 51 of the Justice Act (Northern Ireland) 2016 (disclosing private sexual photographs and films with intent to cause distress).
An offence under section 43 of the Border Security, Asylum and Immigration
Act 2025 (possession etc of article for use in serious crime).
An attempt or conspiracy to commit an offence mentioned in a preceding
paragraph of
this Part
of
this Schedule
(“a relevant offence”).
An offence under
Part 2
of the
Serious Crime Act 2007
in relation to a
relevant offence.
An offence under any of—
section 1
of the
Protection of Children Act 1978
(taking etc indecent
photograph of child);
section 160
of the
Criminal Justice Act 1988
(possession of indecent
photograph of child);
the following provisions of the Sexual Offences Act 2003 —
sections 5
to
8
(rape and other offences against children
under 13);
sections 9 to 15A (other child sex offences);
sections 16 to 19 (abuse of position of trust);
sections 25 and 26 (familial child sex offences);
section 46A (child sexual abuse image-generators);
sections 47 to 50 (sexual exploitation of children);
section 62
of the
Coroners and Justice Act 2009
(possession of
prohibited image of child);
section 69
of the
Serious Crime Act 2015
(possession of paedophile
manual).
An offence under any of the following provisions of the
Sexual Offences
Act 2003
where the victim, or intended victim, was aged under 18—
sections 1
to
4
(rape, assault and causing sexual activity without
consent);
sections 30
to
41
(sexual offences relating to persons with mental
disorder);
sections 61 to 63 (preparatory offences);
sections 66 to 66B , 67 and 67A (exposure and voyeurism).
An offence under
section 2
of the
Modern Slavery Act 2015
(human
trafficking) against a person aged under 18, committed with a view to
exploitation that consists of or includes behaviour within
section 3
(3)
of
that Act
(sexual exploitation).
An inchoate offence (within the meaning given by
section 398
of the
Sentencing Code) in relation to an offence specified in
paragraph 1
,
2
or
3
.
An offence under any of—
sections 51
,
51A
,
52
and
52A
of the
Civic Government (Scotland)
Act 1982
(obscene material, extreme pornography and indecent
photographs of children);
sections 9 and 10 of the Criminal Law (Consolidation) (Scotland)
Act 1995 (permitting girl to use premises for intercourse and
seduction, prostitution, etc., of girl under 16);
sections 1
and
9
to
12
of the
Protection of Children and Prevention
of Sexual Offences (Scotland) Act 2005
(asp 9) (meeting a child
following certain preliminary contact, sexual services of children
and child pornography);
the following provisions of the Sexual Offences (Scotland) Act 2009 (asp 9)—
Part 4 (children);
section 42 (sexual abuse of trust).
An offence under any of the following provisions of the Criminal Law
(Consolidation) (Scotland) Act 1995 where the victim, or intended victim,
was aged under 18—
section 1 (incest);
section 2 (intercourse with step-child);
section 7 (procuring).
An offence under any of the following provisions of the
Sexual Offences
(Scotland) Act 2009
(asp 9) where the victim, or intended victim, was aged
under 18—
Part 1 (rape etc);
section 46 (sexual abuse of trust of a mentally disordered person).
An offence under section 1 of the Human Trafficking and Exploitation
(Scotland) Act 2015 (asp 12) (human trafficking) against a person aged
under 18, committed with a view to exploitation that consists of or includes
behaviour within section 3(3) to (5) of that Act (prostitution and sexual
exploitation).
An offence under any of—
Article 3
of the
Protection of Children (Northern Ireland) Order
1978
(S.I. 1978/1047 (N.I. 17)) (indecent photographs of children);
Article 15
of the
Criminal Justice (Evidence, etc.) (Northern Ireland)
Order 1988
(S.I. 1988/1847 (N.I. 17)) (possession of indecent
photographs of children);
the following provisions of the
Sexual Offences (Northern Ireland)
Order 2008
(S.I. 2008/1769 (N.I. 2))—
Articles 12
to
15
(rape and other offences against children
under 13);
Articles 16 to 22E (child sex offences);
Articles 23 to 26 (abuse of position of trust);
Articles 32 and 33 (familial child sex offences);
Articles 37 to 40 (sexual offences against children);
section 62
of the
Coroners and Justice Act 2009
(possession of
prohibited image of child);
section 69
of the
Serious Crime Act 2015
(possession of paedophile
manual).
An offence under any of the following provisions of the
Sexual Offences
(Northern Ireland) Order 2008
where the victim, or intended victim, was
aged under 18—
Articles 5
to
8
(rape, assault and causing sexual activity without
consent);
Part 4 (sexual offences against a person with a mental disorder);
Articles 65 to 67 (preparatory offences);
Articles 70 to 71B (exposure and voyeurism);
Article 72A (sending etc an unwanted sexual image).
An offence under
section 2
of the
Human Trafficking and Exploitation
(Criminal Justice and Support for Victims) Act (Northern Ireland) 2015
(c.
2 (N.I.)) (human trafficking) against a person aged under 18, committed
with a view to exploitation that consists of or includes behaviour within
section 3
(3)
of
that Act
(sexual exploitation).
An attempt or conspiracy to commit an offence specified in paragraph 12 , 13 or 14 .
An offence under
Part 2
of the
Serious Crime Act 2007
in relation to an
offence specified in
paragraph 12
,
13
or
14
.
An offence under any of—
section 1 of the Protection of Children Act 1978 (taking etc indecent
photograph of child);
section 160 of the Criminal Justice Act 1988 (possession of indecent
photograph of child);
the following provisions of the Sexual Offences Act 2003—
sections 5 to 8 (rape and other offences against children
under 13);
sections 9 to 15A (other child sex offences);
sections 16 to 19 (abuse of position of trust);
sections 25 and 26 (familial child sex offences);
sections 47 to 50 (sexual exploitation of children);
section 62 of the Coroners and Justice Act 2009 (possession of
prohibited image of child).
An offence under any of the following provisions of the Sexual Offences
Act 2003 where the victim, or intended victim, was a child—
sections 1 to 4 (rape, assault and causing sexual activity without
consent);
sections 30 to 41 (sexual offences relating to persons with mental
disorder);
sections 61 to 63 (preparatory offences);
sections 66 to 67A (exposure and voyeurism).
An offence under
section 2
of the
Modern Slavery Act 2015
(human
trafficking) against a child, committed with a view to exploitation that
consists of or includes behaviour within
section 3
(3)
of
that Act
(sexual
exploitation).
An inchoate offence (within the meaning given by section 398 of the
Sentencing Code) in relation to an offence referred to in
paragraph 1
,
2
or
3
.
An offence under the law of Scotland, Northern Ireland or any country or
territory outside the United Kingdom which would be an offence referred
to in a preceding provision of this Part of this Schedule if the conduct
constituting the offence occurred in England and Wales.
Engaging in the provision of a service to a child under, or pursuant to
anything done under—
any of sections 8 to 10 of the Employment and Training Act 1973,
or
section 68, 70(1)(b) or 74 of the Education and Skills Act 2008,
if that involves looking after the child on an individual basis.
Activities of a person in the exercise of functions of a local authority under
section 20 or 21 of the Children Act 1989, if the person has regular
unsupervised contact with the child concerned in the course of those
activities.
Activities of a person relating to them reporting to the court under section
7 of the Children Act 1989 on matters relating to the welfare of a child, if
the person has regular unsupervised contact with the child in the course
of those activities.
Activities of a person in connection with a placement under section 22C(5)
of the Children Act 1989, if the person looks after the child concerned on
an individual basis in the course of those activities.
Activities of a person in connection with providing a child with, or
maintaining a child in, suitable accommodation under section 23B(8)(b) of
the Children Act 1989, if the person looks after the child on an individual
basis in the course of those activities.
Acting as a personal advisor for a child under section 23B(2) of, or
paragraph 19C of Schedule 2 to, the Children Act 1989, if that involves
looking after the child on an individual basis when so acting.
Activities of a person in connection with the provision of accommodation
for a child by a voluntary organisation under section 59 of the Children
Act 1989, if the person looks after the child on an individual basis in the
course of those activities.
Activities of a person in the exercise of functions conferred by virtue of a
care order, supervision order or education supervision order, if the person
looks after the child concerned on an individual basis in the course of those
activities.
Activities of a person so far as acting as—
an officer appointed for a child under section 41(1) of the Children
Act 1989,
a guardian of a child appointed under rule 6 or rule 18 of the
Adoption Rules 1984 (S.I. 1984/265),
a guardian ad litem of a child appointed under rule 9.5 of the Family
Proceedings Rules 1991 (S.I. 1991/1247), or
a guardian of a child appointed under rule 59 of the Family
Procedure (Adoption) Rules 2005 (S.I. 2005/2795) or rule 16.3(1)(ii)
or rule 16.4 of the Family Procedure Rules 2010 (S.I. 2010/2955),
if the person has regular unsupervised contact with the child in the course of those activities.
Activities of a person pursuant to requirements imposed on a child—
by or under an enactment on the child’s release from detention for
a criminal offence, or
by a court order made in criminal proceedings,
if the person looks after the child on an individual basis in the course of those activities.
Activities of a constable of a relevant police force carried out in connection
with their holding of that office.
Activities of a person in connection with training, supervising or instructing
a child for the purposes of a religion or belief, if the person has regular
unsupervised contact with the child in the course of those activities.
For the purposes of this Part of this Schedule, a person “looks after a child
an individual basis” if—
the person is regularly involved in caring for, training or supervising
the child, and
in the course of the person’s involvement, the person has regular
unsupervised contact with the child.
In this Part of this Schedule—
“
care order” has the same meaning as in the Children Act 1989;
“
education supervision order” has the meaning given by section 36 of
the Children Act 1989;
“
regular unsupervised contact” means any kind of regular unsupervised
contact (whether or not the contact is face to face);
“
relevant police force” means—
a police force maintained for a police area in England,
the British Transport Police Force, or
the Ministry of Defence police;
“
supervision order” has the meaning given by section 31(11) of the
Children Act 1989.
The Sexual Offences Act 2003 is amended as follows.
“66AA Taking or recording intimate photograph or film
(1)
A person (A) commits an offence if—
(a)
A intentionally takes a photograph, or records a film, which
shows another person (B) in an intimate state,(b)
B does not consent to the taking or recording of the
photograph or film, and(c)
A does not reasonably believe that B consents.
(2)
A person (A) commits an offence if—
(a)
A intentionally takes a photograph, or records a film, which
shows another person (B) in an intimate state,(b)
A does so with the intention of causing B alarm, distress or
humiliation, and(c)
B does not consent to the taking or recording of the
photograph or film.(3)
A person (A) commits an offence if—
(a)
A intentionally takes a photograph, or records a film, which
shows another person (B) in an intimate state,(b)
A does so for the purpose of A or another person obtaining
sexual gratification,(c)
B does not consent to the taking or recording of the
photograph or film, and(d)
A does not reasonably believe that B consents.
(4)
(5)
It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for taking the
photograph or recording the film.(6)
Sections 75 and 76 apply to an offence under this section.
(7)
A person who commits an offence under subsection (1) is liable on
summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).(8)
(a)
on summary conviction, to imprisonment for a term not
exceeding the general limit in a magistrates’ court or a fine (or both);(b)
on conviction on indictment, to imprisonment for a term not
exceeding 2 years.(9)
(10)
66AB Taking or recording intimate photograph or film: exemptions
(1)
A person (A) who takes a photograph, or records a film, which
shows another person (B) in an intimate state does not commit an offence under section 66AA (1) , (2) or (3) if—(a)
the photograph or film is, or A reasonably believes that it
is, taken or recorded in a place to which the public or a section of the public have or are permitted to have access (whether on payment or otherwise),(b)
B has no reasonable expectation of privacy from the
photograph or film being taken or recorded, and(c)
B is, or A reasonably believes that B is, in the intimate state
voluntarily.(2)
For the purposes of subsection (1) (b) , whether a person has a
reasonable expectation of privacy from a photograph or film being taken or recorded is to be determined by reference to the circumstances that the person taking the photograph or recording the film reasonably believes to exist at the time the photograph or film is taken or recorded.(3)
A person (A) who takes a photograph, or records a film, which
shows another person (B) in an intimate state does not commit an offence under section 66AA (1) if—(a)
B is a person under 16,
(b)
B lacks, or A reasonably believes that B lacks, capacity to
consent to the taking or recording of the photograph or film, and(c)
the photograph or film is taken or recorded—
(i)
by a healthcare professional acting in that capacity,
or(ii)
otherwise in connection with the care or treatment
of B by a healthcare professional.(4)
A person (A) who takes a photograph, or records a film, which
shows a child in an intimate state does not commit an offence under section 66AA (1) if—(a)
A is—
(i)
a member of the child’s family, or
(ii)
a friend of the child or the child’s family, and
(b)
the photograph or film is of a kind ordinarily taken or
recorded by such a person.66AC Installing etc. equipment to enable taking or recording of intimate
photograph or film(1)
(2)
(3)
A person who commits an offence under subsection (1) is liable on
summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).(4)
A person who commits an offence under subsection (2) is liable—
(a)
on summary conviction, to imprisonment for a term not
exceeding the general limit in a magistrates’ court or a fine (or both);(b)
on conviction on indictment, to imprisonment for a term not
exceeding 2 years.(5)
(6)
Section 66B (sharing or threatening to share intimate photograph or film)
is amended as follows.
“(5A)
Section 76 applies to an offence under subsection (1), (2) or (3).”
Omit subsections (6) and (11).
In section 66C (sharing or threatening to share intimate photograph or film:
exemptions)—
in subsection (1)—
in paragraph (a), for “taken” substitute “, or A reasonably
believes that it was, taken or recorded”, and
in paragraph (b), after “taken” insert “or recorded”, and
in subsection (2), after “taken” (in both places) insert “or recorded”.
Section 66D (sharing or threatening to share intimate photograph or film:
interpretation) is amended as follows.
In subsection (1), for “66B and” substitute “ 66AA to”.
“(4)
“Photograph” includes the negative as well as the positive version.
(4A)
“Film” means a moving image.
(4B)
For the purposes of sections 66B and 66C, references to a photograph
or film also include—(a)
an image, whether made or altered by computer graphics
or in any other way, which appears to be a photograph or film,(b)
a copy of a photograph, film or image within paragraph (a) , and
(c)
data stored by any means which is capable of conversion
into a photograph, film or image within paragraph (a) .”
“(10)
(a)
“consent” to the taking, recording or sharing of a photograph
or film includes general consent covering the particular act of taking, recording or sharing as well as specific consent to the particular act of taking, recording or sharing, and(b)
whether a belief is reasonable is to be determined having
regard to all the circumstances including any steps A has taken to ascertain whether B consents.”
For the heading, substitute “Sections 66AA to 66C: interpretation”.
In section 66G (definitions for purposes of sections 66E and 66F), omit
subsection (8).
In section 67 (voyeurism), omit subsection (3).
In section 67A (voyeurism: additional offences)—
omit subsection (2), and
“(3C)
Section 76 applies to an offence under subsection (2B).”
Section 77 (sections 75 and 76: relevant acts) is amended as follows.
For “sections 75 and 76 apply” substitute “section 75 or 76 applies”.
For “those sections” substitute “that section”.
“An offence under section 66AA (1) , (2) or (3) (taking or recording an intimate photograph or film)
The defendant intentionally taking a photograph, or recording a film, which shows another person (“the complainant”) in an intimate state.
An offence under section 66B(1), (2) or (3) (sharing an intimate photograph or film)
The defendant intentionally sharing a photograph or film which shows, or appears to show, another person (“the complainant”) in an intimate state.
An offence under section 67A(2B) (voyeurism: recording image of person breast-feeding a child)
The defendant recording an image of another (“the complainant”) while the complainant is breast-feeding a child.”
In section 78 (meaning of “sexual”), for “66B” substitute “ 66AA ”.
“(11)
The “maximum term for summary offences”, in relation to an
offence, means—(a)
if the offence is committed before the time when section
281(5) of the Criminal Justice Act 2003 comes into force, six months;(b)
if the offence is committed after that time, 51 weeks.”
In Schedule 3 (sexual offences for purposes of Part 2), after paragraph 33A An offence under section
66AA
(3)
of this Act (taking or recording where the offender was under 18, the offender is or has in any other case— the victim was under 18, or the offender, in respect of the offence or finding, sentenced to a term of imprisonment, detained in a hospital, or made the subject of a community An offence under section
66AC
(2)
of this Act (installing etc. sub-paragraph
(2)
applies. This sub-paragraph applies if— where the offender was under 18, the offender is or has in any other case— the victim was under 18, or the offender, in respect of the offence or finding, sentenced to a term of imprisonment, detained in a hospital, or made the subject of a community
insert—
“33AA
intimate photograph or film for purpose of obtaining sexual
gratification) if—
(a)
been sentenced in respect of the offence to imprisonment
for a term of at least 12 months;
(b)
(i)
(ii)
is or has been—
(A)
(B)
(C)
sentence of at least 12 months.
33AB
(1)
equipment to enable taking or recording of intimate photograph
or film) if—
(a)
(b)
(2)
(a)
been sentenced in respect of the offence to imprisonment
for a term of at least 12 months;
(b)
(i)
(ii)
is or has been—
(A)
(B)
(C)
sentence of at least 12 months.”
The Criminal Justice Act 2003 is amended as follows.
In Part 2 of Schedule 15 (specified sexual offences for purposes of section
325), after paragraph 149A insert—
“149AA
149AB
In Schedule 34A (child sex offences for purposes of section 327A), in
paragraph 10—
for the words from “(exposure” to “voyeurism)” substitute “(offences
relating to exposure, voyeurism and intimate photographs or films)”.
The Armed Forces Act 2006 is amended as follows.
“177DZA Photographs and films to be treated as used for purpose of
certain offences(1)
(2)
The photograph or film to which the offence relates, and anything
containing it, is to be regarded for the purposes of section 177C(3) (and section 94A(3)(b)(ii)) as used for the purpose of committing the offence (including where it is committed by aiding, abetting, counselling or procuring).”
In section 177DA (treatment of purported intimate images for purposes of
deprivation orders)—
in subsection (1), for “This section” substitute “Subsection (2)”;
“(3)
Subsection (4) applies where a person commits an offence
under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under section 66F of the Sexual Offences Act 2003 (requesting the creation of purported intimate image of adult).(4)
A purported intimate image which is connected with the
offence, and anything containing it, is to be regarded for the purposes of 177C(3) (and section 94A(3)(b)(ii)) as used for the purposes of committing the offence (including where it is committed by aiding, abetting, counselling or procuring).(5)
A purported intimate image is connected with the offence
if—(a)
it appears to be of a person who was the subject of
the request to which the offence relates (whether or not it is what was requested), and(b)
it was in the offender’s possession, or under the
offender’s control, as a result of that request.”
In section 116 of the Anti-social Behaviour, Crime and Policing Act 2014
(information about guests at hotels believed to be used for child sexual
exploitation), in subsection (8)(c)—
for the words from “(exposure” to “voyeurism)” substitute “(offences
relating to exposure, voyeurism and intimate photographs or films)”.
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence
in section 45 does not apply), in paragraph 33, after the entry for section
66A insert—
The Sentencing Code is amended as follows.
“154ZA Photographs and films to be treated as used for purpose of certain
offences(1)
(2)
The photograph or film to which the offence relates, and anything
containing it, is to be regarded for the purposes of section 153 (and section 157(3)(b)) as used for the purpose of committing the offence (including where it is committed by aiding, abetting, counselling or procuring).”
In Part 2 of Schedule 18 (specified sexual offences for purposes of section
306), in paragraph 38, after sub-paragraph (axa) insert—
“(axaa)
(axab)
The Sexual Offences Act 2003 is amended as follows.
Section 84 (notification requirements: changes) is amended as follows.
In subsection (1) —
omit paragraph (a) ;
omit “that name,”.
In subsection (2) , omit “the name is used,”.
In section 85 (periodic notification)—
in subsection (1) , after “under section” insert “83A or”;
in subsection (2) (b) , after “83(1)” insert “, 83A”;
in subsection (6) , after “83(1)” insert “, 83A”.
In section 85A (notification requirements: absence from notified address)—
in subsection (1) , after “83(1)” insert “, 83A”;
in the heading, at the end insert “(Northern Ireland)”.
Section 87
(method of notification and related matters) is amended as
follows.
In subsection (1) —
in the
paragraph (a)
inserted by
section 168
(2)
of the
Police, Crime,
Sentencing and Courts Act 2022
), for “local”, in both places,
substitute “relevant”;
after paragraph (b) insert “(subject to section 87A)”.
In the
subsection (2A)
inserted by
section 168
(3)
of the
Police, Crime,
Sentencing and Courts Act 2022
, for “under section 83(1), 84(1) or 85(1)”
substitute “of the kind mentioned in subsection (1)”.
In
subsection (4)
, for the words from “Where” to “offender” substitute “If
the police station at which the relevant offender attends is in England,
Wales or Northern Ireland, the offender”.
In
subsections (5A)
and
(5B)
, for the words from “Where” to “offender”
substitute “If the police station at which the relevant offender attends is in
Scotland, the offender”.
Omit subsection (5C) .
Section 88 (interpretation of section 87) is amended as follows.
In the heading, for “Section 87” substitute “Sections 87 to 87B ”.
“(1)
This section applies for the purposes of sections 87 to 87B .”
“(1A)
“Passport” has the meaning given by section 83(8).”
Omit subsections (3) to (5) .
“(6)
“Relevant police area” means, in relation to a person—
(a)
the police area in which the person’s home address is
situated;(b)
in the absence of a home address, the police area in which
the home address last notified is situated;(c)
in the absence of a home address and of any such
notification, the police area in which the court which last dealt with the person in a way mentioned in subsection (7) is situated.(7)
The ways are—
(a)
dealing with a person in respect of an offence listed in
Schedule 3 or a finding in relation to such an offence;(b)
dealing with a person in respect of an offence under section
128 or a finding in relation to such an offence;(c)
making, in respect of a person, an order of any of the kinds
mentioned in subsection (8) .(8)
The orders are—
(a)
a notification order or interim notification order;
(b)
a sexual harm prevention order or interim sexual harm
prevention order;(c)
a sexual offences prevention order or interim sexual offences
prevention order;(d)
an order under section 2 , 2A or 20 of the Crime and Disorder
Act 1998 (c. 37) (sex offender orders and interim orders made
in England and Wales or Scotland);(e)
an order under article 6 or 6A of the Criminal Justice
(Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex
offender orders and interim orders made in Northern Ireland);(f)
an order under section 11 , 12 or 21 of the Abusive Behaviour
and Sexual Harm (Scotland) Act 2016 (asp 22) (sexual harm
prevention orders made in Scotland);(g)
an order under Chapter 2 of Part 11 of the Sentencing Code
(sexual harm prevention orders on conviction).(9)
In subsection (7) “finding” in relation to an offence means—
(a)
a finding of not guilty of the offence by reason of insanity,
or(b)
a finding that the person was under a disability and did the
act or omission charged against the person in respect of the offence.(10)
For the references to police area in subsection (6) —
(a)
in relation to Scotland, see Schedule 1 to the Interpretation
Act 1978 ;(b)
in relation to Northern Ireland, see section 136(3).”
In
section 88I
(2)
(discharge from indefinite notification requirements in sections 91A to 91F (discharge from indefinite notification Schedule 3A (discharge from indefinite notification
England and Wales or Northern Ireland has effect in Scotland) for the
words from “legislation which” to the end substitute—
“(a)
requirements in England and Wales);
(b)
requirements in Northern Ireland).”
Section 91 (offences relating to notification) is amended as follows.
“(1)
A person (“P”) commits an offence if P—
(a)
fails, without reasonable excuse, to comply with—
(i)
section 83(1);
(iii)
section 84(1) or (4)(b);
(iv)
section 85(1);
(vi)
section 89(2)(b);
(vii)
any requirement imposed by regulations under
section 86(1);(1A)
A person (“P”) commits an offence under the law of England and
Wales if P—(a)
fails, without reasonable excuse, to comply with—
(ii)
section 87(4);
(iii)
section 96ZB(3)(b);
(1B)
A person (“P”) commits an offence under the law of Scotland if P—
(a)
fails, without reasonable excuse, to comply with—
(ii)
section 87(5A) or (5B);
(1C)
A person (“P”) commits an offence under the law of Northern
Ireland if P—(a)
fails, without reasonable excuse, to comply with—
(i)
section 85A(2) or (6);
(ii)
section 87(4);
(b)
notifies to the police any information which P knows to be
false in purported compliance with section 85A(2) or (6).”
“(2)
A person who commits an offence under this section is liable—
(a)
on summary conviction in England or Wales, to
imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);(b)
on summary conviction in Scotland, to imprisonment for a
term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);(c)
on summary conviction in Northern Ireland, to imprisonment
for a term not exceeding six months or a fine not exceeding the statutory maximum (or both);(d)
on conviction on indictment, to imprisonment for a term not
exceeding 5 years or a fine (or both).”
In subsection (3) —
for the words from “section 83(1)” to “86(1)” substitute “a relevant
requirement”.
for “subsection (1)”, in the second place, substitute “those
subsections”.
“(3A)
In subsection (3) “relevant requirement” means—
(a)
(i)
section 83(1);
(iii)
section 84(1);
(iv)
section 85(1);
(vi)
regulations under section 86(1);
(b)
Section 91A
(review of indefinite notification requirements: qualifying
relevant offender) is amended as follows.
In
subsection (2)
after “review” insert “or the relevant chief officer of police
begins an own motion review”.
In subsections (4) and (5) , after “under section” insert “83A,”.
In
subsection (7)
after “review” insert “or the relevant chief officer of police
begins an own motion review”.
Section 91B
(review of indefinite notification requirements: application for
review and qualifying dates) is amended as follows.
In subsection (3) —
for “makes” substitute “last made”;
after “91C” insert “or 91EB ”.
In subsection (4) , after “91C” insert “or 91EB ”.
In subsection (6) —
for “applies” substitute “applied when the relevant chief officer of
police last made a determination under section 91C or
91EB
”;
after “period” insert “then”.
In subsection (10) , after “83,” insert “83A,”.
In
section 91E
, in the heading, at the end insert “against determinations
under section 91C”.
In
section 91F
(guidance), at the end of
subsection (1)
insert “or own motion
reviews”.
In
section 94
(Part 2: supply of information to Secretary of State etc. for
verification), in
subsection (1)
—
in the words before
paragraph (a)
, omit “notified to the police
under”;
“(aa)
notified to the police in accordance with a
requirement imposed by regulations under section 86,”;
in paragraph (b) before “section” insert “notified to the police under”;
In
section 122F
(sexual risk orders and interim sexual risk orders: notification
requirements), after
subsection (4)
insert—
“(5)
In section 133 (Part 2: general interpretation)—
omit the definition of “local police area”;
““
relevant police area” has the meaning given by section 88 (6) ;”.
Section 138 (orders and regulations) is amended as follows.
“(1)
Orders or regulations made by the Secretary of State under this Act
are to be made by statutory instrument.(2)
A statutory instrument containing an order or regulations made by
the Secretary of State under any of the following provisions may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—(a)
section 21;
(b)
section 22A;
(c)
sections 115 to 117 ;
(d)
section 86;
(h)
section 93I ;
(i)
section 130;
(j)
section 136Q(1).
(3)
Any other statutory instrument containing an order or regulations
made by the Secretary of State (except one containing an order under section 141) is to be subject to annulment in pursuance of a resolution of either House of Parliament.(4)
Orders or regulations made by the Secretary of State under this Act
may—(a)
make different provision for different purposes;
(b)
include supplementary, incidental, consequential, transitional,
transitory or saving provisions.(4A)
For orders or regulations made by the Scottish Ministers under this
Act see section 27 of the Interpretation and Legislative Reform
(Scotland) Act 2010 (asp 10) (Scottish statutory instruments).(4B)
Orders or regulations made by the Scottish Ministers under any of
the following provisions are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland)
Act 2010 (asp 10)—(a)
sections 115 to 117 ;
(b)
section 86;
(f)
section 88H;
(g)
section 130.
(4C)
Any other orders or regulations made by the Scottish Ministers are
subject to the negative procedure (see section 28 of the Interpretation
and Legislative Reform (Scotland) Act 2010 (asp 10)).(4D)
Orders or regulations made by the Scottish Ministers under this Act
may—(a)
make different provision for different purposes;
(b)
include supplementary, incidental, consequential, transitional,
transitory or saving provisions.”
Schedule 3A
(discharge from indefinite notification requirements in Northern
Ireland) is amended as follows.
In
paragraph 4
(initial review: notice of decision) after
sub-paragraph (3)
insert— The Department of Justice may by regulations amend the period
“(4)
in sub-paragraph (1).”
In paragraph 6 (further reviews)—
in
sub-paragraph (1)
for “paragraph 4(3) or 5(6)” substitute “a
relevant provision”;
“(1A)
“Relevant provision” means—
(a)
paragraph 4(3);
(b)
paragraph 5(6);
(notice of decision not to discharge notification requirements).”;
in
sub-paragraph (3)
(a)
for “paragraph 4(3) or 5(6)” substitute “a
relevant provision”.
In paragraph 7 (guidance)—
“(1A)
The Department of Justice must issue guidance as to the
determination by the Chief Constable of own motion reviews.”;
in sub-paragraph (2) after “(1)” insert “or (1A) ”.
In
paragraph 8
(2)
for the words from “legislation which” to the end sections 91A to 91F (discharge from indefinite notification sections 88A to 88H (discharge from indefinite notification
substitute—
“(a)
requirements in England and Wales);
(b)
requirements in Scotland).”
In this Schedule—
“
justice” means—
in England and Wales, a justice of the peace;
in Scotland, a sheriff, summary sheriff or justice of the peace;
in Northern Ireland, a lay magistrate;
“
premises” includes any place and, in particular, includes—
any vehicle, vessel or aircraft;
any offshore installation;
any renewable energy installation within the meaning given
by section 104 of the Energy Act 2004;
any tent or movable structure;
“
relevant evidence” means evidence that any of the following has been
committed—
an offence under any of sections 112 to 116 ;
an attempt or conspiracy to commit an offence within paragraph (a) ;
an offence under Part 2 of the Serious Crime Act 2007
(England and Wales and Northern Ireland: encouraging or
assisting crime) in relation to an offence within
paragraph
(a)
;
an offence under the law of Scotland of inciting the
commission of an offence within
paragraph (a)
;
aiding, abetting, counselling or procuring the commission
of an offence within
paragraph (a)
;
“
vessel” includes—
any ship or boat or any other description of vessel used in
navigation, and
any hovercraft, submersible craft or other floating craft,
but does not include a reference to anything that permanently rests on, or is permanently attached to, the sea bed.
In this Schedule any reference to a power conferred by this Schedule or
any provision of it includes a reference to a power conferred by virtue of
the Schedule or provision.
Nothing in this Schedule affects any power of a constable conferred
otherwise than by this Schedule.
This paragraph applies where—
a constable has reasonable grounds to suspect that there is relevant
evidence in a vehicle, and
the vehicle is not a dwelling.
The constable may at any time—
enter the vehicle and search it for relevant evidence;
stop and detain the vehicle for the purposes of entering and
searching it.
Where—
a constable has stopped a vehicle under this paragraph, and
the constable considers that it would be impracticable to search the
vehicle in the place where it has stopped,
the constable may require the vehicle to be taken to such place as the constable directs to enable the vehicle to be searched.
A constable may require—
any person travelling in a vehicle, or
the registered keeper of a vehicle,
to provide such facilities and assistance with respect to matters under that person’s control as the constable considers would facilitate the exercise of any power conferred by this paragraph.
The powers conferred by this paragraph may be exercised in any place to
which the constable lawfully has access (whether or not it is a place to
which the public has access).
This paragraph applies where—
a constable has reasonable grounds to suspect that there is relevant
evidence in or on any vessel or aircraft, and
the vessel or aircraft is not a dwelling.
The constable may at any time—
board the vessel or aircraft, and
search it for relevant evidence.
For the purposes of exercising the power conferred by sub-paragraph (2) , the constable may require a vessel or aircraft—
to stop, or
to do anything else that will facilitate the boarding of that or any
other vessel or aircraft.
A constable who has boarded a vessel or aircraft may, for the purposes of
disembarking from the vessel or aircraft, require that or any other vessel
or aircraft—
to stop, or
to do anything else that will enable the constable to disembark from
the vessel or aircraft.
A constable may require any person on board a vessel or aircraft to provide
such facilities and assistance with respect to matters under that person’s
control as the constable considers would facilitate the exercise of any power
conferred by this paragraph.
Where a justice is satisfied that the requirements in
sub-paragraph (3)
are
met in relation to any premises, the justice may issue a warrant (a “search
warrant”) authorising a constable—
to enter the premises, and
to search them for relevant evidence.
A search warrant may be either—
a warrant that relates only to premises specified in the warrant (a
“specific-premises warrant”), or
in the case of a warrant issued in England and Wales or Northern
Ireland, a warrant that relates to any premises occupied or controlled
by a person specified in the warrant (an “all-premises warrant”).
The requirements of this sub-paragraph are met in relation to premises if
there are reasonable grounds to suspect that—
there are items on the premises that are relevant evidence, and
in a case where the premises are specified in the application, any
of the following conditions is met—
that it is not practicable to communicate with any person
entitled to grant entry to the premises;
that it is not practicable to communicate with any person
entitled to grant access to the items;
that entry to the premises is unlikely to be granted unless a
warrant is produced;
that the purpose of entry may be frustrated or seriously
prejudiced unless a constable arriving at the premises can
secure immediate entry to them.
A search warrant may be issued under
paragraph 5
only on the application
of—
a constable, in England and Wales or Northern Ireland;
a constable or a procurator fiscal, in Scotland.
An application for a search warrant may be made without notice being
given to persons who might be affected by the warrant.
The application must be supported—
in England and Wales, by information in writing;
in Scotland, by evidence on oath;
in Northern Ireland, by a complaint on oath.
A person applying for a search warrant must answer on oath any question
that the justice hearing the application asks the person.
In the case of an application made by a procurator fiscal, the requirement
under
sub-paragraph (4)
may be met by a constable or a person who has
the powers of a constable.
Part 3
of this Schedule contains further provision about applications in
England and Wales or Northern Ireland for search warrants under
paragraph 5
.
A search warrant may be executed by any constable.
A search warrant may authorise persons to accompany a constable who is
executing it.
A person authorised under
sub-paragraph (2)
to accompany a constable
who is executing a search warrant—
may exercise any power conferred by
paragraph 5
,
8
or
9
which
the constable may exercise as a result of the warrant, but
may exercise such a power only in the company of, and under the
supervision of, the constable.
In
sub-paragraphs (2)
and
(3)
“constable” includes a person who has the
powers of a constable.
Part 4
of this Schedule contains further provision about the execution in
England and Wales or Northern Ireland of search warrants under
paragraph
5
.
This paragraph applies where a constable is exercising a power of search
conferred by this Schedule in relation to any premises.
The constable may examine anything that is in or on the premises.
The constable may break open any container or other locked thing, so far
as this is reasonably necessary for the purpose of exercising—
a power of search conferred by this Schedule, or
a power conferred by this paragraph.
The constable may require any person in or on the premises to provide
such facilities and assistance with respect to matters under that person’s
control as the constable considers would facilitate the exercise of—
a power of search conferred by this Schedule, or
a power conferred by this paragraph.
Nothing in this paragraph confers a power to search a person.
This paragraph applies where a constable is exercising a power of search
conferred by this Schedule in relation to any premises.
The constable may require any person in or on the premises to produce
any document or record that is in the person’s possession or control.
A reference in this paragraph to the production of a document includes a
reference to the production of—
a hard copy of information recorded otherwise than in hard copy
form, or
information in a form from which a hard copy can be readily
obtained.
For the purposes of this paragraph—
information is recorded in hard copy form if it is recorded in a
paper copy or similar form capable of being read (and references
to hard copy have a corresponding meaning);
information can be read only if—
it can be read with the naked eye, or
to the extent that it consists of images (for example
photographs, pictures, maps, plans or drawings), it can be
seen with the naked eye.
A constable may use reasonable force, if necessary, for the purpose of
exercising a power conferred by this Schedule.
A person authorised under
paragraph 7
(2)
to accompany a person who is
executing a search warrant may use reasonable force, if necessary, for the
purpose of exercising a power conferred by any of
paragraphs 5
to
9
.
A person commits an offence if, without reasonable excuse, the person
intentionally obstructs a constable in the performance of a function conferred
by this Schedule.
A person commits an offence if—
the person fails without reasonable excuse to comply with a
requirement reasonably made, or a direction reasonably given, by
a constable in the exercise of a power conferred by this Schedule,
or
the person prevents any other person from complying with any
such requirement or direction.
In this paragraph “constable” includes—
a person who has the powers of a constable;
a person authorised under
paragraph 7
(2)
to accompany a person
who is executing a search warrant.
A person who commits an offence under this paragraph is liable—
on summary conviction in England and Wales, to a fine;
on summary conviction in Scotland or Northern Ireland, to a fine
not exceeding level 5 on the standard scale.
This Part of this Schedule applies to applications in England and Wales or
Northern Ireland for search warrants under
paragraph 5
.
In this Part of this Schedule “specific-premises warrant” and “all-premises
warrant” have the meaning given by
paragraph 5
.
A person applying for a search warrant must—
state that the application is for a warrant under paragraph 5 ,
specify the matters set out in
sub-paragraph (2)
or
(3)
(as the case
may be),
state what are the grounds for suspecting that relevant evidence is
on the premises, and
identify, so far as is possible, the offence to which the relevant
evidence relates.
If the person is applying for a specific-premises warrant, the person must
specify each set of premises that it is desired to enter and search.
If the person is applying for an all-premises warrant, the person must
specify—
as many of the sets of premises that it is desired to enter and search
as it is reasonably practicable to specify,
the person who is in occupation or control of those premises and
any others that it is desired to enter and search,
why it is necessary to search more premises than those specified
under
paragraph (a)
, and
why it is not reasonably practicable to specify all the premises that
it is desired to enter and search.
If the person is applying for a search warrant authorising entry and search
on more than one occasion, the person must also state—
the ground on which the person applies for such a warrant, and
whether the person seeks a warrant authorising an unlimited number
of entries, or (if not) the maximum number of entries desired.
A search warrant authorises entry on one occasion only, unless it specifies
that it authorises multiple entries.
A search warrant must—
specify the name of the person who applies for it,
specify the date on which it is issued,
state that the warrant is issued under paragraph 5 of this Schedule,
specify each set of premises to be searched, or (in the case of an
all-premises warrant) the person who is in occupation or control of
premises to be searched, together with any premises to be searched
that are under the person’s occupation or control and can be
specified, and
identify, so far as is possible, the offence to which the relevant
evidence suspected to be on the premises relates.
Two copies must be made of a search warrant that specifies only one set
of premises and does not authorise multiple entries.
As many copies as are reasonably required may be made of any other kind
of search warrant.
The copies must be clearly certified as copies.
This Part of this Schedule applies to the execution in England and Wales
or Northern Ireland of a search warrant under
paragraph 5
.
In this Part of this Schedule “specific-premises warrant” and “all-premises
warrant” have the meaning given by
paragraph 5
.
In
paragraphs 21
,
22
and
24
“constable” includes a person who has the
powers of a constable.
Entry and search under a search warrant must be within one month from
the date of its issue.
In the case of an all-premises warrant, premises that are not specified in
the warrant may be entered and searched only if a senior officer has
authorised them to be entered.
An authorisation under sub-paragraph (1) must be in writing.
In this paragraph “senior officer” means—
a constable of at least the rank of inspector, or
a National Crime Agency officer who—
is designated under section 10 of the Crime and Courts Act
2013 as a person having the powers and privileges of a
constable, and
is of grade 3 or above.
Premises may be entered or searched for the second or any subsequent
time under a search warrant authorising multiple entries only if a senior
officer has authorised that entry to the premises.
An authorisation under sub-paragraph (1) must be in writing.
In this paragraph “senior officer” has the meaning given by paragraph 19 .
Entry and search under a search warrant must be at a reasonable hour
unless it appears to the constable executing it that the purpose of a search
may be frustrated on an entry at a reasonable hour.
Where the occupier of premises to be entered and searched under a search
warrant is present at the time when a constable seeks to execute the warrant,
the following requirements must be satisfied—
the occupier must be told the constable’s name;
if not a constable in uniform, the constable must produce to the
occupier documentary evidence that they are a constable;
the constable must produce the warrant to the occupier;
the constable must supply the occupier with a copy of it.
Where the occupier of premises to be entered and searched under a search
warrant is not present at the time when a constable seeks to execute the
warrant—
if some other person who appears to the constable to be in charge
of the premises is present,
sub-paragraph (1)
has effect as if a
reference to the occupier were a reference to that other person;
if not, the constable must leave a copy of the warrant in a prominent
place on the premises.
A search under a search warrant may only be a search to the extent required
for the purpose for which the warrant was issued.
A constable who enters premises under a search warrant must take
reasonable steps to ensure that when the constable leaves the premises they
are as secure as they were before the entry.
A search warrant must be returned to the appropriate person (see sub-paragraph (2) )—
when the warrant has been executed, or
no more than one month after the date of its issue, if the warrant
is—
a specific-premises warrant that has not been executed,
an all-premises warrant, or
a warrant authorising multiple entries.
The appropriate person is—
in the case of a warrant issued in England and Wales, the designated
officer for the local justice area in which the justice of the peace was
acting when issuing the warrant;
in the case of a warrant issued in Northern Ireland, the clerk of
petty sessions for the petty sessions district in which the lay
magistrate was acting when issuing the warrant.
The appropriate person must retain a search warrant returned under sub-paragraph (1) for 12 months from the date of its return.
If during that period the occupier of premises to which the search warrant
relates asks to inspect it, the occupier must be allowed to do so.
Arcade of Former Archbishops Palace, York (including the walls and railings
under the arches of the Arcade).
Arch of Remembrance, Leicester.
Cenotaph, Whitehall, London.
Charles Church, Plymouth (being the entire derelict structure of that church).
Chatham Naval War Memorial.
Edith Cavell Memorial, St Martin’s Place, London.
Eleanor Cross, Sledmere.
Hall of Memory, Centenary Square, Birmingham.
Guards Memorial, Horse Guards Parade, London.
Liverpool Cenotaph.
Merchant Navy Memorial, Tower Hill, London.
Plymouth Naval War Memorial.
Port Sunlight War Memorial.
Portsmouth Naval War Memorial.
Preston War Memorial.
The Response, Newcastle upon Tyne.
Rochdale Cenotaph.
Royal Artillery Memorial, Hyde Park Corner, London.
Southampton Cenotaph.
Spalding War Memorial.
Statue of Captain Albert Ball, Nottingham Castle Gardens, Nottingham.
Town and County War Memorial, Northampton.
Wagoners’ Memorial, Sledmere.
Ely War Memorial (and the wall in which it is situated, extending east
from the Almonry to the west end of No. 2 Fore Hill).
The external walls and roof of Alcester Town Hall, and any fixtures attached
to any of those walls or that roof.
Statue of Sir Winston Churchill, Parliament Square, London.
An appropriate officer may make an application to a judge for an IP address
suspension order.
An IP address suspension order is an order requiring a specified IP address
provider to prevent access to a specified IP address for a specified period.
The specified period may not be longer than 12 months.
“Specified” means specified in the order.
A judge may grant an application for an IP address suspension order if
satisfied that there are reasonable grounds to believe that conditions 1 to
4 are met in relation to the IP address to which the application relates.
Condition 1 is that the IP address is being used for the purposes of serious
crime (see paragraph
19
).
Condition 2 is that—
a UK person is using the IP address for the purposes of serious
crime,
a UK person is a victim of the serious crime for the purposes of
which the IP address is being used,
the IP address is being used for the purposes of serious crime
connected with unlicensed gambling, or
the IP address is allocated to a device located in the United
Kingdom.
Condition 3 is that it is necessary and proportionate to prevent access to
the IP address to prevent it being used for the purposes of serious crime.
Condition 4 is that—
access to the IP address will not be prevented unless an IP address
suspension order is made, or
if access to the IP address is prevented otherwise than in accordance
with an IP address suspension order, there will be serious prejudice
to the prevention, restriction or disruption of the serious crime for
the purposes of which the IP address is being used.
An appropriate officer may make an application to a judge for a domain
name suspension order.
A domain name suspension order is an order requiring—
a specified internet domain registry, or
a specified registrar for an internet domain registry,
to prevent access to a specified internet domain name for a specified period.
The specified period may not be longer than 12 months.
“Specified” means specified in the order.
A judge may grant an application for a domain name suspension order if
satisfied that there are reasonable grounds to believe that conditions 1 to
4 are met in relation to the internet domain name to which the application
relates.
Condition 1 is that the internet domain name is being, or will be, used for
the purposes of serious crime (see paragraph
19
).
Condition 2 is that—
a UK person is using, or will use, the internet domain name for the
purposes of serious crime,
a UK person—
is a victim of the serious crime for the purposes of which
the internet domain name is being used, or
will be a victim of the serious crime for the purposes of
which it will be used,
the internet domain name is being used for the purposes of serious
crime connected with unlicensed gambling, or
the internet domain name is hosted on a device located in the United
Kingdom.
Condition 3 is that it is necessary and proportionate to prevent access to
the internet domain name to prevent it being used for the purposes of
serious crime.
Condition 4 is that—
access to the internet domain name will not be prevented unless a
domain name suspension order is made, or
if access to the internet domain name is prevented otherwise than
in accordance with a domain name suspension order, there will be
serious prejudice to the prevention, restriction or disruption of the
serious crime for the purposes of which the internet domain name
is being, or will be, used.
This paragraph applies where notice of an application for a suspension
order is given to the person against whom the order is sought.
That person must not disclose the making of the application or its contents
to any person except—
with the permission of a judge, or
If the application for a suspension order is dismissed a judge may, on the
application of an appropriate officer, make an order that sub-paragraph
(2)
is to continue to apply.
If the judge grants the application for a suspension order, sub-paragraph (2) ceases to apply—
if the suspension order does not impose a non-disclosure
requirement under paragraph
6
, when the suspension order is made,
or
if the suspension order imposes a non-disclosure requirement under
paragraph
6
, when that requirement expires.
A suspension order may impose a non-disclosure requirement on the person
against whom the order is made.
A non-disclosure requirement is a requirement not to disclose the making
of the order or its contents to any person except—
with the permission of a judge, or
A suspension order that imposes a non-disclosure requirement must specify
or describe when the requirement is to expire.
A judge may discharge or vary a suspension order on an application by—
an appropriate officer, or
any person affected by the order.
If a judge discharges a suspension order which imposes a non-disclosure
requirement, they may order that the person against whom the order was
made is to remain subject to the non-disclosure requirement.
An order under
sub-paragraph (2)
may specify or describe a different time
when the non-disclosure requirement is to expire than that specified or
described in the order that is being discharged.
An appropriate officer may make an application to a judge for the extension
of the specified period.
The “specified period” is the period specified in a suspension order as the
period for which access to an IP address or internet domain name is to be
prevented.
The application must be made before the end of the specified period.
A judge may grant the application if satisfied that there are reasonable
grounds to believe that it is necessary and proportionate to continue to
prevent access to the IP address or internet domain name to prevent it
being used for the purposes of serious crime.
If the application is granted, the extended specified period must end no
later than 12 months after the day on which the specified period would
have ended if the application had not been made.
If the suspension order imposes a non-disclosure requirement the judge
may also, on the application of the appropriate officer, vary the time at
which the non-disclosure requirement is to expire.
The specified period may be extended more than once.
A judge may discharge or vary a non-disclosure order on an application
by—
an appropriate officer, or
the person against whom the order was made.
A “non-disclosure order” means an order under—
paragraph 7
(2)
(non-disclosure order on discharge of suspension
order).
An application under this Schedule made by an appropriate officer may
be made without notice to a judge in chambers.
In England and Wales and Northern Ireland, an appropriate officer may
not make an application under this Schedule unless the officer—
is a senior officer, or
is authorised by a senior officer to make the application.
In England and Wales and Northern Ireland, an application under this
Schedule made by an appropriate officer (other than an application for a
suspension order) must be made by an appropriate officer who is within
the same sub-paragraph of paragraph
14
(1)
(a)
or
(b)
as the appropriate
officer who made the application for the suspension order.
This paragraph applies to—
notice of an application made by an appropriate officer under this
Schedule;
an order under this Schedule.
The notice or order may be served on a person (whether the person is in
the United Kingdom or outside it) by such means, including electronic
means, as rules of court permit.
The notice or order may be served on a person outside the United Kingdom
in any of the following ways (as well as by electronic or other means of
service)—
by delivering it to the person’s principal office within the United
Kingdom or, if the person has no such office in the United Kingdom,
to any place in the United Kingdom where the person carries on
business or conducts activities,
if the person has specified an address in the United Kingdom as
one at which the person, or someone on the person’s behalf, will
accept service of documents of the same description as the notice
or order, by delivering it to that address, or
by making it available for inspection (whether to the person or to
someone acting on the person’s behalf) at a place in the United
Kingdom (subject to
sub-paragraph (4)
).
The notice or order may be served on a person outside the United Kingdom
in the way mentioned in
sub-paragraph (3)
(c)
only if—
it is not reasonably practicable for it to be served by any other means
(whether as mentioned in
sub-paragraph (3)
(a)
or
(b)
or otherwise),
and
the person serving it takes such steps as they consider appropriate
for the purpose of bringing its contents, and its availability for
inspection, to the attention of the person on whom it is being served.
The steps mentioned in
sub-paragraph (4)
(b)
must be taken as soon as
reasonably practicable after the notice or order is made available for
inspection.
Provision as to the practice and procedure to be followed in connection
with proceedings relating to orders under this Schedule may be made—
in England and Wales, by Criminal Procedure Rules;
in Northern Ireland, by Crown Court Rules,
in Scotland (without prejudice to section 305 of the Criminal
Procedure (Scotland) Act 1995), by rules of court made by Act of
Adjournal.
In England and Wales and Northern Ireland, an order under this Schedule
has effect as if it were an order of the court.
In this Schedule “appropriate officer”—
in England and Wales, means—
a constable,
a National Crime Agency officer,
an officer of Revenue and Customs,
a member of staff of the Financial Conduct Authority, or
a person designated or appointed as an enforcement officer
by the Gambling Commission under section 303 of the
Gambling Act 2005;
in Northern Ireland, means—
a constable,
a National Crime Agency officer,
an officer of Revenue and Customs, or
a member of staff of the Financial Conduct Authority;
in Scotland, means a procurator fiscal.
In this Schedule “senior officer” means—
a constable of at least the rank of superintendent;
the Director General of the National Crime Agency or any other
National Crime Agency officer authorised by the Director General
(whether generally or specifically) for the purposes of
this Schedule
;
an officer of Revenue and Customs of at least the grade of senior
officer;
a member of staff of the Financial Conduct Authority of at least the
grade of head of department;
a member of staff of the Gambling Commission of at least the grade
of director.
In this Schedule “judge” means—
in England and Wales, a judge entitled to exercise the jurisdiction
of the Crown Court;
in Northern Ireland, a judge of the Crown Court;
in Scotland, a sheriff or summary sheriff.
In
this Schedule
an “IP address provider” means a person (“P”) that allocates
IP addresses, where those IP addresses have been allocated to P by another
person for the purpose of onward allocation.
In this Schedule an “internet domain registry” means a person that—
maintains a relevant register of internet domain names, and
operates a computer program or server that forms part of the system
that enables the names included in the register to access internet
protocol addresses or other information by means of the internet.
“Relevant register of internet domain names” means a register of—
the names of second level internet domains that form part of the
same top level internet domain, or
the names of third level internet domains that form part of the same
second level internet domain.
“Second level internet domain” means an internet domain indicated by the
last two elements of an internet domain name.
“Third level internet domain” means an internet domain indicated by the
last three elements of an internet domain name.
“Top level internet domain” means an internet domain indicated by the
last element of an internet domain name.
In
this Schedule
a “registrar” for an internet domain registry is a person
authorised by the registry to act on behalf of end-users in connection with
the registration of internet domain names.
“End-user” means a person who has been, or wants to be, allocated an
internet domain name that is or would be included in the register
maintained by the registry.
In this Schedule “crime” means conduct which—
constitutes one or more criminal offences, or
is or corresponds to conduct which, if it all took place in a part of
the United Kingdom, would constitute one or more criminal offences.
In this Schedule “serious crime” means crime where—
the offence, or one of the offences, which is or would be constituted
by the conduct concerned is an offence for which a person who has
reached the age of 18 (or, in Scotland or Northern Ireland, 21) and
has no previous convictions could reasonably be expected to be
sentenced to imprisonment for a term of 3 years or more, or
the conduct involves the use of violence, results in substantial
financial gain or is conduct by a large number of persons in pursuit
of a common purpose.
In this Schedule serious crime is connected with unlicensed gambling if
the offence, or one of the offences, which is or would be constituted by the
conduct concerned is an offence under section 33 of the Gambling Act 2005.
In this Schedule “UK person” means—
a British citizen, a British overseas territories citizen, a British
National (Overseas) or a British Overseas citizen,
a person who under the British Nationality Act 1981 is a British
subject,
a British protected person within the meaning of that Act,
an individual who lives in the United Kingdom,
a body incorporated under the law of a part of the United Kingdom,
or
an unincorporated association formed under the law of a part of
the United Kingdom.
This paragraph applies for the interpretation of this Schedule .
“IP address” means an internet protocol address.
References to a part of the United Kingdom are references to—
England and Wales,
Scotland, or
Northern Ireland.
“Suspension order” means—
an IP address suspension order, or
a domain name suspension order.
Chapter 3 of Part 2 of the Police, Crime, Sentencing and Courts Act 2022
(extraction of information from electronic devices) is amended as follows.
In the Chapter heading—
for “information from” substitute “information:”;
after “devices” insert “and online accounts”.
Section 37 (extraction of information from electronic devices: investigations
of crime etc) is amended as follows.
In the heading, omit “from electronic devices”.
“(1A)
An authorised person may extract information accessible by means
of an online account if—(a)
a user of the account has voluntarily provided access to the
account to an authorised person, and(b)
that user has agreed to the extraction by an authorised
person of information accessible by means of the account.(1B)
In subsection (2)—
for “power” substitute “powers”;
after “(1)” insert “and (1A) ”.
In subsection (5)—
after “(1)” insert “or (1A) ”;
after “electronic device” (in both places) insert “, or accessible by
means of the online account,”.
In subsection (6)—
in the words before paragraph (a), after “the power” insert “in
subsection (1) or
(1A)
”;
in paragraph (b), after “(1)” insert “or (1A) ”.
In subsection (7), after “(1)” insert “or (1A) ”.
In subsection (8), after “(1)” insert “or (1A) ”.
In subsection (9), after “the power” insert “in subsection (1) or (1A) ”.
In subsection (10)—
in paragraph (a), for the words from “information” to the end likely to be stored on the device, or likely to be accessible by means of the online
substitute “information—
(i)
(ii)
account, and”;
in paragraph (b)(ii), after “(1)” insert “or (1A) ”.
In subsection (11), after “(1)” insert “or (1A) ”.
In subsection (13)—
““
online account” means an account by means of which
information held on a service provided by means of the internet is made accessible;”;
““
user”—(a)
in relation to an electronic device, means a person
who ordinarily uses the device;(b)
in relation to an online account, means a person who
ordinarily uses the account.”
Section 38 (application of section 37 to children and adults without capacity)
is amended as follows.
“(2A)
A child is not to be treated for the purposes of section 37 (1A) as
being capable of—(a)
voluntarily providing access to an online account for those
purposes, or(b)
agreeing for those purposes to the extraction by an
authorised person of information accessible by means of the online account.(2B)
If a child is a user of an online account, a person who is not a user
of the account but is listed in subsection (3) may—(a)
voluntarily provide access to the online account to an
authorised person for the purposes of section 37 (1A) , and(b)
agree for those purposes to the extraction by an authorised
person of information accessible by means of the online account.”
In subsection (3), for “subsection (2)” substitute “subsections (2) and (2B) ”.
In subsection (5)—
after “37(1)” insert “or (1A) ”;
after “(2)” insert “or (2B) ”.
“(7A)
An adult without capacity is not to be treated for the purposes of
section 37 (1A) as being capable of—(a)
voluntarily providing access to an online account for those
purposes, or(b)
agreeing for those purposes to the extraction by an
authorised person of information accessible by means of the online account.(7B)
If a user of an online account is an adult without capacity, a person
who is not a user of the online account but is listed in subsection (8) may—(a)
voluntarily provide access to the online account to an
authorised person for the purposes of section 37 (1A) , and(b)
agree for those purposes to the extraction by an authorised
person of information accessible by means of the online account.”
In subsection (8)—
in the words before paragraph (a), for “subsection (7)” substitute
“subsections (7) and
(7B)
”;
In subsection (9), for the words from “prevents” to the end substitute any other user of an electronic device who is not a child or voluntarily providing the device to an authorised agreeing for those purposes to the extraction of any other user of an online account who is not a child or an voluntarily providing access to the online account to agreeing for those purposes to the extraction by an
“prevents—
(a)
an adult without capacity from—
(i)
person for the purposes of section 37(1), or
(ii)
information from the device by an authorised person;
(b)
adult without capacity from—
(i)
an authorised person for the purposes of section
37
(1A)
, or
(ii)
authorised person of information accessible by means
of the online account.”
In subsection (11), in the definition of “relevant authorised person”, for the in relation to the extraction of information from an electronic in relation to the extraction of information accessible by
words from “person”” to the end substitute “person”—
(a)
device for a particular purpose, means an authorised person
who may extract the information from the device for that
purpose;
(b)
means of an online account for a particular purpose, means
an authorised person who may extract the information
accessible by means of the online account for that purpose;”
Section 39 (requirements for voluntary provision and agreement) is amended
as follows.
“(1A)
A person (“P”) is to be treated for the purposes of section 37 or 38
as having—(a)
voluntarily provided access to an online account to an
authorised person, and(b)
agreed to the extraction by an authorised person of
information accessible by means of the online account,only if the requirements of this section have been met.”
In subsection (2), for the words from “to provide” to the end substitute provide the device or agree to the extraction of information provide access to the online account or agree to the extraction
“to—
(a)
from it, or
(b)
of information accessible by means of it.”
In subsection (3)—
in paragraph (d), for the words from “may” to the end substitute refuse to provide the device or agree to the refuse to provide access to the online account
“may—
(i)
extraction of information from it, or
(ii)
or agree to the extraction of information
accessible by means of it, and”;
in paragraph (e), for the words from “P refuses” to the end substitute refuses to provide the device or agree to the refuses to provide access to the online account
“P—
(i)
extraction of information from it, or
(ii)
or agree to the extraction of information
accessible by means of it.”
(a)
P has—
(i)
voluntarily provided the device to an authorised
person, and(ii)
agreed to the extraction of information from the
device by an authorised person, or(b)
P has—
(i)
voluntarily provided access to the online account to
an authorised person, and(ii)
agreed to the extraction by the authorised person of
information accessible by means of the online account.”
Section 40 (application of section 37 where user has died etc) is amended
as follows.
“(1A)
If any of conditions A to C is met, an authorised person may exercise
the power in section 37 (1A) to extract information accessible by means of an online account even though—(a)
access has not been voluntarily provided to an authorised
person by a user of the account, or(b)
no user of the account has agreed to the extraction by an
authorised person of information accessible by means of the account.”
In subsection (2)—
in paragraph (a), for “, and” substitute “and the person was a user
of the device immediately before their death, or”;
“(b)
a person who was a user of the online account has
died and the person was a user of the online account before their death.”
In subsection (3)(a), after “device” insert “or online account”.
In subsection (4)—
in paragraph (a), after “device” insert “or online account”;
in paragraph (b), for the words from “was” to the end substitute a user of the device immediately before they a user of the online account before they went
“was—
(i)
went missing, or
(ii)
missing, and”.
In subsection (5), after “(1)” insert “or (1A) ”.
Section 41 (extraction of information from electronic devices: investigations
of death) is amended as follows.
In the heading, omit “from electronic devices”.
“(1A)
An authorised person may extract information accessible by means
of an online account if—(a)
a person who was a user of the online account has died, and
(b)
the person was a user of the account before their death.”
In subsection (2)—
for “power” substitute “powers”;
after “(1)” insert “and (1A) ”.
In subsection (3)—
for “the power” substitute “the powers”;
after “(1)” insert “and (1A) ”;
for “that power” substitute “those powers”.
In subsection (4)—
after “(1)” insert “or (1A) ”;
in paragraph (a), after “device” insert “, or accessible by means of
the online account,”.
In subsection (5), after “the power” insert “in subsection (1) or (1A) ”.
In subsection (7), after “(1)” insert “or (1A) ”.
In subsection (8), after “the power” insert “in subsection (1) or (1A) ”.
In subsection (9)(a), for the words from “information” to the end substitute likely to be stored on the device, or likely to be accessible by means of the online account,
“information—
(i)
(ii)
and”.
In subsection (10), after “(1)” insert “or (1A) ”.
In section 42 (code of practice about the extraction of information), in
subsection (1)—
after “37(1) and” insert “ (1A) and”;
after “41(1)” insert “and (1A) ”.
Section 44 (authorised persons) is amended as follows.
In subsection (2), for “power in subsection (1)” substitute “powers in
subsections (1) and
(1A)
”.
In subsection (3)—
for “power” substitute “powers”;
after “41(1)” insert “and (1A) ”.
In Schedule 3 (extraction of information from electronic devices: authorised
persons)—
in the Schedule heading, omit “from electronic devices”;
after “electronic devices” (in each place) insert “, or the extraction
of information accessible by means of online accounts,”.
This is
the Schedule
to be inserted after
Schedule 2A
to the
Police and Criminal Common assault. Battery. Offences under the following provisions of the Offences against the Person section 16 (threats to kill); section 18 (wounding with intent to cause grievous bodily harm); section 20 (malicious wounding); section 47 (assault occasioning actual bodily harm). An offence under
section 1
of the
Children and Young Persons Act 1933
(cruelty to persons under sixteen).
An offence under
section 1
of the
Prevention of Crime Act 1953
(carrying An offence under
section 1
(1A)
of the
Restriction of Offensive Weapons Offences under the following provisions of the
Theft Act 1968
—
section 1
(theft);
section 8
(robbery);
section 9
(burglary);
section 10
(aggravated burglary);
section 12
(taking motor vehicle or other conveyance without
section 12A
(aggravated vehicle-taking);
section 22
(handling stolen goods);
section 25
(going equipped for stealing, etc). An offence under
section 1
(1)
of the
Criminal Attempts Act 1981
, if section 1 (theft); section 8 (robbery); section 9 (burglary); section 22 (handling stolen goods). Offences under the following provisions of the
Misuse of Drugs Act 1971
, if committed in respect of a specified controlled drug—
section 4
(restriction of production and supply of controlled drugs); Offences under the following provisions of the
Criminal Damage Act 1971
, other than an offence of arson—
Offences under the following provisions of the
Public Order Act 1986
—
section 2
(violent disorder);
section 3
(affray);
section 4
(fear or provocation of violence);
section 4A
(intentional harassment, alarm or distress);
section 4B
(intentional harassment, alarm or distress on account of
section 5
(harassment). Offences under the following provisions of the
Criminal Justice Act 1988
—
section 139
(having article with blade or point in public place);
section 139A
(1)
(having article with blade or point on education
section 139A
(2)
(having offensive weapon on education premises);
section 141
(1A)
(possession of offensive weapon in private). Offences under the following provisions of the
Road Traffic Act 1988
— Offences under the following provisions of the
Football (Offences) Act
section 2
(throwing of missiles);
section 3
(indecent or racialist chanting);
section 4
(going onto the playing area). Offences under the following provisions of the
Protection from Harassment
section 2
(harassment);
section 2A
(stalking);
section 4
(putting people in fear of violence);
section 4A
(stalking involving fear of violence or serious alarm or An offence under
section 32
of the
Crime and Disorder Act 1998
(racially An offence under
section 42A
of the
Criminal Justice and Police Act 2001
(harassment etc of a person in their home).
Offences under the following provisions of the
Sexual Offences Act 2003
—
section 1
(rape);
section 2
(assault by penetration);
section 3
(sexual assault);
section 61
(administering a substance with intent). Offences under the following provisions of the
Serious Crime Act 2015
—
section 75A
(strangulation or suffocation);
section 76
(controlling or coercive behaviour).”
Evidence Act 1984
—
“Schedule 2B
Testing for controlled drugs: trigger offences
Common law offences
1
2
Offences against the Person Act 1861
3
Act 1861—
(a)
(b)
(c)
(d)
Children and Young Persons Act 1933
4
Prevention of Crime Act 1953
5
offensive weapon in public place).
Restriction of Offensive Weapons Act 1959
6
Act 1959
(possession of flick knife, flick gun or gravity knife).
Theft Act 1968, etc
7
(a)
(b)
(c)
(d)
(e)
authority);
(f)
(g)
(h)
8
committed in respect of an offence under any of the following provisions
of the Theft Act 1968—
(a)
(b)
(c)
(d)
Misuse of Drugs Act 1971
9
(a)
Criminal Damage Act 1971
10
Public Order Act 1986
11
(a)
(b)
(c)
(d)
(e)
sex);
(f)
Criminal Justice Act 1988
12
(a)
(b)
premises);
(c)
(d)
Road Traffic Act 1988
13
Football (Offences) Act 1991
14
1991
—
(a)
(b)
(c)
Protection from Harassment Act 1997
15
Act 1997
—
(a)
(b)
(c)
(d)
distress).
Crime and Disorder Act 1998
16
or religiously aggravated harassment, etc).
Criminal Justice and Police Act 2001
17
Sexual Offences Act 2003
18
(a)
(b)
(c)
(d)
Serious Crime Act 2015
19
(a)
(b)
The Proceeds of Crime Act 2002 is amended as follows.
“Exercise of powers: general
5A The principal objective
(1)
This section applies to any power conferred by or under this Part
on—(a)
a court;
(b)
a prosecutor;
(c)
a person who is an appropriate officer within the meaning
given by section 41A(3) or 47A(1);(d)
any other person whose functions include the investigation
of crime;(e)
a receiver appointed under section 48 or 50.
(2)
The principal objective in exercising a power to which this section
applies in relation to a defendant is to deprive the defendant of the defendant’s benefit from criminal conduct, so far as within the defendant’s means.(3)
The defendant’s means are to be taken to include any tainted gifts
made by the defendant.(4)
A court or person must exercise any power to which this section
applies in the way which the court or person considers is best calculated to further the principal objective.(5)
The duty under section 2A(1) does not apply to the exercise by a
relevant authority of a power to which this section applies if and to the extent that exercising the power in compliance with that duty would be inconsistent with doing so in compliance with the duty under subsection (4).(6)
In subsection (5) “relevant authority” has the meaning given by
section 2A(2).”
In the italic heading before section 69, after “of” insert “specific”.
In section 69 (powers of court and receiver etc)—
in the heading, at the beginning insert “Specific”;
in subsection (3), in the words before paragraph (a), after “subject
to” insert “the principal objective (see
section 5A
) and”.
The Proceeds of Crime Act 2002 is amended as follows.
In section 6(4) (making of order: criminal lifestyle and conduct)—
in paragraph (a), at the beginning insert “if asked to do so by the
prosecutor”;
in paragraph (b), after “if” insert “(pursuant to paragraph (a))”;
in paragraph (c), at the beginning insert “if it is not asked to decide
whether the defendant has a criminal lifestyle or”.
In section 16 (statement of information)—
“(2A)
The statement of information must indicate whether or not
the case is one in which the court is asked to decide whether the defendant has a criminal lifestyle (see section 6(4)).”;
in subsection (3), for “prosecutor believes”, in the first place it occurs,
substitute “case is one in which the court is asked to decide
whether”;
in subsection (5), for “prosecutor does not believe” substitute “case
is one in which the court is not asked to decide whether”.
In section 20(2) (no order made: reconsideration of benefit)—
omit “has decided that”;
in paragraph (a), for “the defendant has a criminal lifestyle but”
substitute “has decided under section 6(4)(b) that the defendant”;
in paragraph (b), for “the defendant does not have a criminal lifestyle
and” substitute “has decided under section 6(4)(c) that the
defendant”.
In section 10 of the Proceeds of Crime Act 2002 (assumptions to be made In determining whether there would be a serious risk of injustice any evidence about the serious risk of injustice that has been any explanation given by the defendant for being unable to
in case of criminal lifestyle), after subsection (6) insert—
“(6A)
if a required assumption were made in relation to particular property
or expenditure, the court must consider all the circumstances of the
case and must, in particular, give the appropriate weight to—
(a)
made available to it, and
(b)
provide evidence that would have shown the assumption
to be incorrect.”
Section 75 of the Proceeds of Crime Act 2002 (criminal lifestyle) is amended
as follows.
In subsection (3)—
after “benefited”, in the first place it occurs, insert “, or intended to
benefit,”;
in paragraph (a)—
for “three”, in both places it occurs, substitute “two”;
after “benefited” insert “or intended to benefit”;
in paragraph (b), after “benefited” insert “or intended to benefit”.
Schedule 2 to the Proceeds of Crime Act 2002 (criminal lifestyle offences)
is amended as follows.
In paragraph 8(1) (offences in connection with brothels), after “section 33”
insert “, 33A”.
“Environmental offences
9C
(1)
An offence under section 33(1)(a) of the Environmental Protection
Act 1990 (depositing, or causing or permitting the deposit of, certain waste, otherwise than in accordance with an environmental permit).(2)
An offence under regulation 38(1)(a) of the Environmental
Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) (operating a regulated facility, or causing or knowingly permitting a water discharge activity or groundwater activity, otherwise than in accordance with an environmental permit).”.
In subsection (2), for “shows” substitute “proves or the court is otherwise
satisfied”.
In subsection (4)—
in the words before paragraph (a), omit “for the purposes of
subsection (1),”;
“(za)
any property in respect of which an order falling
within section 13(3)(b), (c) or (d) was made before the court proceeded under section 6 (see section
15A (2) (c) ),”;
omit the “and” at the end of paragraph (c);
“(e)
any property that has been restored to a victim of
the conduct concerned, or any other person entitled to recover it,(f)
any property that has been handed over to an
appropriate officer within the meaning given by section 41A(3) or 47A(1),(g)
any property that, having been seized under a power
conferred by or by virtue of—(i)
a warrant granted under any enactment or
rule of law, or(ii)
any enactment, or rule of law, under which
the authority of a warrant is not required,has not subsequently been released, and
(h)
any amount paid by the defendant by way of
compensation in connection with the conduct concerned to any victim of the conduct in respect of loss, injury or damage sustained by the victim.”
In section 21 of that Act (order made: reconsideration of benefit)—
“(b)
either or both of the conditions mentioned in
subsection (1A) are met,”;
“(1A)
The conditions are that—
(a)
there is evidence which was not available to the
prosecutor at the relevant time;(b)
there is property that—
(i)
but for section 7(4)(g) (seized property), would
have been taken into account in calculating the relevant amount, and(ii)
has been released to the defendant since the
relevant time.”
The Proceeds of Crime Act 2002 is amended as follows.
In section 9(1) (available amount)—
omit the “and” at the end of paragraph (a);
(c)
any amount determined under section 9A (value of
hidden property).”
“9A Hidden property
(1)
This section applies where it appears to a court calculating the
available amount that—(a)
the defendant’s benefit from the conduct concerned exceeds
the total of the values (as at the time the confiscation order is made) of—(i)
all the free property then held by the defendant, and
(ii)
all tainted gifts, and
(b)
some or all of that excess is a result of property having been
hidden by or on behalf of the defendant.(2)
The court must determine the total value of the property that the
court considers has been hidden by or on behalf of the defendant.(3)
When making a determination under this section the court must,
in particular, consider the extent to which there are other circumstances that may account for the excess mentioned in subsection (1) (b) , for example—(a)
expenditure incurred by the defendant which has or may
have been met from the defendant’s benefit from the conduct concerned;(b)
changes in the value of the property held by the defendant.”
In section 21 (order made: reconsideration of benefit), in subsection (8)(b),
for “section 9” substitute “sections 9 and
9A
”.
In section 22 (order made: reconsideration of available amount), in
subsection (3), for “section 9” substitute “sections 9 and
9A
”.
In section 23 (inadequacy of available amount: variation of order), in
subsection (2), for “section 9” substitute “sections 9 and
9A
”.
In section 77 of the Proceeds of Crime Act 2002 (tainted gifts), for subsection A gift is tainted if it was made by the defendant— at any time after the commission of the offence concerned, if the defendant’s particular criminal conduct consists of two
(5) substitute—
“(5)
(a)
or
(b)
or more offences and they were committed at different times,
at any time after the commission of the earliest of the
offences.”
The Proceeds of Crime Act 2002 is amended as follows.
“(8)
But in a case where—
(a)
the person—
(i)
intended to have only a limited power to control or
dispose of all or part of the property,(ii)
held the property temporarily, or
(iii)
is treated as obtaining the property as a result of
section 84 (3) , and(b)
the court believes that the amount found under subsection
(7) in relation to the property would produce a result that would be unjust,the court may reduce that amount to such amount (including zero) as the court believes is just.”
In section 84 (property: general provisions)—
in subsection (2)(b), at the end insert “(and see subsection (3) )”;
“(3)
If, as a result of or in connection with conduct, a person
keeps property that the person already has, where the court believes it just to do so the person is to be treated as obtaining the property as a result of or in connection with the conduct.”
The Proceeds of Crime Act 2002 is amended as follows.
In section 79(5) (value: the basic rule), after “80” insert “, 80A”.
In section 80 (value of property obtained from conduct), after subsection If only a proportion of the property was obtained by the person as This section does not apply in a case where
section 80A
applies.”
(4) insert—
“(5)
a result of or in connection with the person’s criminal conduct, only
that proportion is to be taken into account for the purposes of
subsections (2) to (4).
(6)
“80A Mortgages
(1)
This section applies if—
(a)
a person uses a loan obtained as a result of or in connection
with the person’s criminal conduct to purchase an interest in land,(b)
the loan is secured by a mortgage over the interest in land,
and(c)
the interest in land has increased in value during the loan
period.(2)
The value, at the material time, of the property obtained as a result
of or in connection with the person’s criminal conduct is to be taken to be the amount found using the following formula—where—
A is the amount of the loan;
B is the value of the interest in land at the time it was purchased;
C is the amount by which the interest in land has increased in value between that time and the end of the loan period.
(3)
The value of the interest in land at the beginning and end of the
loan period is to be found in accordance with section 79.(4)
If the loan period ends before the material time, the amount found
under subsection (2) is to be adjusted to take account of changes in the value of money between the end of the loan period and the material time.(5)
In this section—
“
the loan period” is the period between the time when the loan
is obtained and the earlier of—(a)
the time when the principal, and any interest due, is
repaid, and(b)
the material time;
“
the material time” is the time the court makes its decision.”
Section 80 of the Proceeds of Crime Act 2002 (value of property obtained
from conduct) is amended as follows.
In subsection (2), at the beginning insert “Except where subsection (3A) or (3B) applies,”.
“(3A)
Where the person no longer holds the property obtained because
it has been sold, the value of the property at the material time is the greater of the following—(a)
the proceeds of the sale, adjusted to take account of later
changes in the value of money;(b)
the value (immediately before the sale) of the property,
adjusted to take account of later changes in the value of money.(3B)
Where the person no longer holds the property obtained because
it has been destroyed by virtue of a court order under section 51(2)(e) or section 67AA (orders for destruction of cryptoassets), the value of the property at the material time is the market value of the property as set out in the court order, adjusted to take account of later changes in the value of money.(3C)
For the purposes of subsection (3A) (a) , if the proceeds of the sale
are in a currency other than sterling, they must be taken to be the sterling equivalent calculated in accordance with the rate of exchange prevailing at the end of the day of the sale.”
The Proceeds of Crime Act 2002 is amended as follows.
In section 13 (effect of confiscation order on court’s other powers), for Where a court makes a confiscation order or priority order the effect This subsection applies if, in the same proceedings (see section 85 a confiscation order, and one or more priority orders. A “priority payment direction” is a direction that any amount
subsections (5) and (6) substitute—
“(5)
of which is that
subsection (6)
applies, the court making that order
must also make a priority payment direction.
(6)
for the meaning of “proceedings”) the following are made against
the same person—
(a)
(b)
(7)
payable under the priority order (or orders) that remains unpaid
when any sum is recovered under the confiscation order is to be
paid out of that sum.”
In section 19 (no order made: reconsideration of case), omit subsection (8).
In section 20 (no order made: reconsideration of benefit), omit subsection
(12).
In section 21 (order made: reconsideration of benefit)—
in subsection (9), omit paragraphs (c), (ca) and (d);
omit subsection (10).
In section 22 (order made: reconsideration of available amount)—
in subsection (5), omit paragraphs (c) and (d);
omit subsection (6).
In section 55 (sums received by designated officer), for subsection (5) If a priority payment direction was made under section 13(5), the In a case in which there is more than one priority order the sums
substitute—
“(5)
designated officer must next apply the sums in payment of any
amounts payable under the priority order (or orders) that remain
unpaid.
(5A)
are to be applied in the order in which the priority orders were
made, starting with the earliest of them.”
The Proceeds of Crime Act 2002 is amended as follows.
“22A Increased available amount: compensation directions
(1)
This section applies where under section 22(4) a court varies a
confiscation order so as to increase the amount required to be paid under the order.(2)
The court may make a supplementary compensation direction if—
(a)
a compensation order has been made against the defendant
in respect of the offence (or any of the offences) concerned, and(b)
at the time the compensation order was made, the amount
of the compensatable loss that had been sustained by the person in whose favour it was made was greater than the amount required to be paid by the compensation order.(3)
A supplementary compensation direction is a direction that so much
of the amount recovered under the confiscation order as the court considers appropriate is to be paid to the person in whose favour the compensation order was made.(4)
That amount must not exceed the difference between—
(a)
the amount of the compensatable loss that had been
sustained by the person at the time the compensation order was made, and(b)
the amount required to be paid to the person by the
compensation order,or so much of that difference as remains unpaid.
(5)
(6)
The court may make a compensation direction if—
(a)
at the time the confiscation order was made, a person was
known to the court to have sustained compensatable loss as a result of the offence (or any of the offences) concerned, but(b)
a compensation order has not been made against the
defendant in respect of that compensatable loss.(7)
(8)
That amount must not exceed—
(a)
the amount of the compensatable loss that had been
sustained by the person as a result of the offence (or any of the offences) concerned at the time the confiscation order was made, or(b)
so much of that amount as remains unpaid.
(9)
(10)
In this section—
“
applicable maximum amount” means the maximum amount
of compensation (if any) that a compensation order made against the defendant in respect of the offence (or offences) concerned could have required the defendant to pay;“
compensatable loss” means personal injury, loss or damage
of a kind in respect of which a compensation order could have been made;“
compensation order” means an order under—(a)
section 130 of the Powers of Criminal Courts
(Sentencing Act) 2000, or(b)
Chapter 2 of Part 7 of the Sentencing Code.”
In section 55 (sums received by designated officer) after subsection (5A) If under section
22A
(compensation directions) a direction was made
(inserted by paragraph
12
(7)
) insert—
“(5B)
for an amount to be paid to a person, the designated officer must
next apply the sums in payment of that amount.”
The Proceeds of Crime Act 2002 is amended as follows.
“15A Timing of confiscation proceedings and effect on sentencing
(1)
This section applies where the court sentences the defendant for
the offence (or any of the offences) concerned before it proceeds under section 6.(2)
In sentencing the defendant for the offence (or any of the offences)
concerned the court must not—(a)
impose a fine on the defendant,
(b)
make an order falling within section 13(3)(a),
(c)
make an order falling within section 13(3)(b), (c) or (d) other
than any such order made in respect of property that has little or no market value at the time of sentencing,(d)
make an order for the payment of compensation under
Chapter 2 of Part 7 of the Sentencing Code,(e)
make an order for the payment of a surcharge under section
42 of that Code, or(f)
make an unlawful profit order under section 4 of the
Prevention of Social Housing Fraud Act 2013.(3)
The court must draw up a timetable for the proceedings under
section 6 before the end of the hearing at which it sentences the defendant for the offence (or, where there is more than one, the last offence) concerned.(4)
The court may revise a timetable drawn up under subsection (3) .
(5)
Section 6 has effect as if the defendant’s particular criminal conduct
included conduct which constitutes offences which the court has taken into consideration in deciding the defendant’s sentence for the offence or offences concerned.(6)
The court may, after the conclusion of the proceedings under section
6, vary the sentence by—(a)
imposing a fine on the defendant,
(b)
making an order falling within section 13(3),
(c)
making an order for the payment of compensation under
Chapter 2 of Part 7 of the Sentencing Code,(d)
making an order for the payment of a surcharge under
section 42 of that Code, or(e)
making an unlawful profit order under section 4 of the
Prevention of Social Housing Fraud Act 2013.(7)
But the court may proceed under subsection (6) only within the
period of 56 days beginning with the day on which the court—(a)
makes a confiscation order under section 6, or
(b)
decides not to make such an order.
(8)
For the purposes of—
(a)
section 18(2) of the Criminal Appeal Act 1968 (time limit for
notice of appeal or of application for leave to appeal), and(b)
paragraph 1 of Schedule 3 to the Criminal Justice Act 1988
(time limit for notice of application for leave to refer a case under section 36 of that Act),the sentence must be regarded as imposed or made on the day on which it is varied under subsection (6) .”
Omit sections 14 and 15 (postponement of confiscation proceedings).
The Proceeds of Crime Act 2002 is amended as follows.
“(7A)
But the court may, if it believes it is appropriate to do so, decide
any question arising under subsection (4) or (5) in accordance with an agreement reached by the prosecutor and defendant at an EROC meeting as mentioned in section 15B (3) (a) .”
“15B Early resolution meeting
(1)
This section applies where—
(a)
the Crown Court is proceeding under section 6, and
(b)
the court directs that an early resolution of confiscation
meeting (an “EROC meeting”) is to be held.(2)
Before the court proceeds as mentioned in subsection (4) of section
6 (making of order) the prosecutor and the defendant (or the defendant’s legal representative) must attend an EROC meeting.(3)
An EROC meeting is a meeting held with a view to the prosecutor
and defendant—(a)
reaching agreement on the question whether a confiscation
order is required to be made against the defendant and, if so, on the amount required to be paid by the defendant under the confiscation order, or(b)
in a case where agreement as mentioned in paragraph (a) is
not reached, identifying the questions to be decided by the court in proceeding under section 6 on which they disagree.(4)
A direction under subsection (1) (b) —
(a)
may be given by the court on application by the prosecutor
or of its own motion;(b)
may require or permit the attendance at an EROC meeting
of—(i)
any person who it appears to the court holds, or may
hold, an interest in key property;(ii)
an accredited financial investigator;
(iii)
any other person that the court considers appropriate.
(5)
A direction under subsection (1) (b) may be varied or revoked by
the court on application by the prosecutor or of its own motion.(6)
Key property is property held by the defendant that the court
believes will need to be realised or otherwise used to satisfy any confiscation order that may be made.15C Early resolution hearing
(1)
Following an EROC meeting, the court must hold an EROC hearing
if—(a)
the prosecutor and defendant did not reach agreement as
mentioned in section 15B (3) (a) , or(b)
the prosecutor and defendant did reach agreement, but the
court decided not to make a confiscation order under section 6 requiring the defendant to pay the amount agreed.(2)
An “EROC hearing” is a hearing for the court to consider the next
steps in the section 6 proceedings.(3)
In this section “EROC meeting” has the meaning given by section
15B .”
The Proceeds of Crime Act 2002 is amended as follows.
“21A Order made: reconsideration of benefit on decrease in value and
sale etc(1)
This section applies if—
(a)
a court has made a confiscation order,
(b)
there is relevant property,
(c)
an application to proceed under this section is made to the
Crown Court by—(i)
the prosecutor,
(ii)
a receiver appointed under section 50, or
(iii)
the designated officer for a magistrates’ court, and
(d)
the applicant believes that if the court were to make a new
calculation of the defendant’s benefit and in doing so applied section 21(3) to (6), the amount found would not exceed the amount that would be found if the court were to make a new calculation of the defendant’s benefit under subsection
(4) .(2)
For the purposes of this section, property is “relevant property” if
the property was obtained by the defendant as a result of or in connection with the conduct concerned and—(a)
it was held by the defendant when the relevant amount was
calculated, but(b)
it is no longer held by the defendant because it has been—
(i)
sold, or
(ii)
destroyed by virtue of a court order under section
51(2)(e) or section 67AA (orders for the destruction of cryptoassets).(3)
In a case where this section applies, the court must determine
whether A is less than B, where—“
B” is the total of the values at which that property was taken
into account when the relevant amount was calculated, adjusted to take account of changes in the value of money since it was calculated.(4)
If A is less than B, the court must make a new calculation of the
defendant’s benefit by—(a)
adjusting the relevant amount to take account of changes in
the value of money since it was calculated, and(b)
deducting from that adjusted amount the amount by which
A is less than B.(5)
Subsection (6) applies where—
(a)
the court makes a new calculation of the defendant’s benefit
under subsection (4) , and(b)
the court determines that C is less than D, where—
“
C” is the amount that, if it was adjusted to take account
of changes in the value of money since the amount required to be paid was last determined, would give the amount found under the new calculation of the defendant’s benefit, and“
D” is the amount required to be paid under the order.(6)
The court must vary the order by substituting C for the amount
required to be paid.(7)
The variation of the order under subsection (6) does not—
(a)
affect the defendant’s liability to pay any interest which was
payable under section 12 for a period before the variation of the order but which had not been paid at the time of the variation, or(b)
give rise to any obligation to refund any amount already
paid by the defendant under the order.(8)
The relevant amount is—
(a)
the amount found as the defendant’s benefit for the purposes
of the confiscation order, or(b)
if one or more new calculations of the defendant’s benefit
have been made under section 21 or this section, the amount found on the occasion of the last such calculation.”
In section 21 (order made: reconsideration of benefit)—
“(11A)
Section 11 applies in relation to a confiscation order when
it is varied under this section as it applies in relation to a confiscation order when it is made (reading references to the making of the order as references to the varying of the order and references to the day on which the order is made as references to the day on which the order is varied).(11B)
Where section 12 applies in relation to a confiscation order
that has been varied under this section, the reference in section 12(3)(c) to the day on which the order was made is to be read as a reference to the day on which the order was varied.”;
in subsection (13)—
in paragraph (a), for “if this section has not applied
previously;” substitute “or”;
“(b)
if one or more new calculations of the
defendant’s benefit have been made under this section or section 21A , the amount found on the occasion of the last such calculation.”
In section 22 (order made: reconsideration of available amount)—
“(7A)
Section 11 applies in relation to a confiscation order when
it is varied under this section as it applies in relation to a confiscation order when it is made (reading references to the making of the order as references to the varying of the order and references to the day on which the order is made as references to the day on which the order is varied).(7B)
Where section 12 applies in relation to a confiscation order
that has been varied under this section, the reference in section 12(3)(c) to the day on which the order was made is to be read as a reference to the day on which the order was varied.”;
in subsection (9), in paragraph (b), after “section 21” insert “or 21A ,”.
In section 39 (reconsideration etc: variation of prison term), in subsection
(1)(a), after “21,” insert “21A,”.
The Proceeds of Crime Act 2002 is amended as follows.
“24A Provisional discharge of order
(1)
This section applies if—
(a)
a court has made a confiscation order, and
(b)
the relevant two-year period has ended.
(2)
The Crown Court may, of its own motion or on an application made
by a person listed in subsection (3) , discharge the confiscation order on a provisional basis if the court considers that it is in the interests of justice to do so.(3)
The persons are—
(a)
the prosecutor;
(b)
the designated officer for a magistrates’ court;
(c)
a receiver appointed under section 50.
(4)
In deciding whether it is in the interests of justice to discharge a
confiscation order on a provisional basis the court must, in particular, take into account—(a)
any amount that the defendant has already paid under the
confiscation order;(b)
the extent to which the amount that remains to be paid under
the order represents interest payable under section 12;(c)
any steps that have already been taken in relation to the
enforcement of the order;(d)
the extent to which there are reasonable steps (or further
reasonable steps) that could be taken in relation to the enforcement of the order;(e)
the amount that the court considers would be recovered if
all such reasonable steps (or further reasonable steps) were to be taken.(5)
The court may discharge a confiscation order on a provisional basis
even though the court does not consider that doing so is best calculated to further the principal objective (see section 5A (4) ).(6)
Where an application under this section is refused, a further
application in relation to the confiscation order concerned may only be made—(a)
after the end of the period of two years beginning with the
date of the refusal, or(b)
before the end of that period, with the leave of the court.
(7)
There is no right of appeal against a decision of the court under
this section to discharge, or not to discharge, a confiscation order on a provisional basis.(8)
In subsection (1) , the “relevant two-year period” means the period
of two years beginning with—(a)
the day on which the confiscation order was made, or
(b)
in a case where the order has been varied under this Part,
the day on which the order was varied.24B Effect of provisional discharge and revocation of discharge
(1)
This section applies where a confiscation order has been discharged
under section 24A on a provisional basis.(2)
The order is to be treated as satisfied subject to the rest of this
section.(3)
The provisional discharge of the order does not prevent the making
of an application in respect of the order under section 21, 21A, 22 or 23.(4)
Where, on an application under any of those provisions, the court
varies the order, the court may also revoke the provisional discharge of the order.(5)
The Crown Court may, on an application made by a person listed
in subsection (6) , revoke the provisional discharge of the order if the court considers that it is in the interests of justice to do so.(6)
The persons are—
(a)
the prosecutor;
(b)
a receiver appointed under section 50.
(7)
In deciding whether it is in the interests of justice to revoke the
provisional discharge of a confiscation order the court must, in particular, take into account the matters listed in section 24A (4) .(8)
Where the court revokes the provisional discharge of a confiscation
order under this section—(a)
the order is, from the time of the revocation, no longer to
be treated as satisfied, and(b)
accordingly—
(i)
from that time the proceedings against the defendant
are to be treated as not having been concluded (see section 85(5)(a)), and(ii)
any interest which was payable under section 12 for
a period before the provisional discharge of the order but which had not been paid at the time of the provisional discharge becomes payable.(9)
Where the court revokes the provisional discharge of an order under
subsection (5) , section 11 applies in relation to any part of the amount ordered to be paid under the order that had not been paid when the order was provisionally discharged as it applies in relation to the full amount ordered to be paid under a confiscation order when it is made.(10)
Where section 11 applies as mentioned in subsection (9) , references
in that section to the making of the order are to be read as references to the revocation of the provisional discharge of the order and references to the day on which the order is made as references to the day on which the provisional discharge of the order is revoked.(11)
Where section 12 applies in relation to a confiscation order following
the revocation of a provisional discharge of the order under subsection (5) , the reference in section 12(3)(c) to the day on which the order was made is to be read as a reference to the day on which the provisional discharge of the order was revoked.(12)
There is no right of appeal against a decision of the court under
this section to revoke, or not to revoke, the provisional discharge of a confiscation order.24C Financial status orders
(1)
This section applies where—
(a)
the Crown Court has decided of its own motion to consider
whether to discharge a confiscation order on a provisional basis,(c)
the court has discharged a confiscation order on a provisional
basis and an application has been made under section 21, 21A, 22 or 23.(2)
The court may order the defendant to give the court, before the end
of the period specified in the order—(a)
any information about the defendant’s assets and other
financial circumstances, and(b)
any documentary or other evidence in support of that
information,
In the italic heading before section 19, at the end insert “and discharge”.
The Proceeds of Crime Act 2002 is amended as follows.
“Measures to promote effectiveness of confiscation orders
13ZA Enforcement plans
(1)
This section applies where a court makes a confiscation order.
(2)
On making the confiscation order, the court must also prepare an
enforcement plan for the order if—(a)
there are reasonable grounds to believe that the defendant
might default on the confiscation order for any reason, or(b)
the court otherwise believes it is appropriate to do so for
the purpose of ensuring that the confiscation order is effective.(3)
An enforcement plan for a confiscation order is a document setting
out drafts of one or more orders that the court considers the enforcing court could make in the event that the defendant defaults on the confiscation order.(For the meaning of “the enforcing court” see section 35D .)
(4)
For the purposes of this section and section 13ZB —
(a)
the defendant defaults on a confiscation order if the
defendant fails to pay the amount required to be paid under the order on or before the due date;(b)
the “due date”, in relation to a confiscation order, means—
(i)
in a case where no period is specified under section
11(2), the day on which the confiscation order is made, or(ii)
in a case where one or more periods is so specified,
the final day of the specified period that ends last (including any such period as extended under section 11(4)).(5)
Where the court making the confiscation order is the Court of
Appeal (see section 67E(5)(b)(i) (appeals)), on making the order the Court of Appeal may direct that the Crown Court is to carry out the duties under this section as if the Crown Court had made the order.13ZB Enforcement plan: initial enforcement hearing
(1)
This section applies where an enforcement plan is prepared for a
confiscation order.(2)
The enforcing court must set a date for a hearing to take place in
the event that the defendant defaults on the confiscation order, and that date must be the first date then available to the court after the due date.(See section 35D for the meaning of “the enforcing court” and section 35F for provision about this hearing.)
(3)
If an order is made under section 11(4) as a result of which the due
date in relation to the confiscation order changes, the enforcing court must reset the date for the hearing to the first date then available to the enforcing court after the new due date.(4)
In section 13A (compliance orders), in subsection (1) at the end insert
“(whether or not the court also prepares an enforcement plan under
section
13ZA
)”.
The Proceeds of Crime Act 2002 is amended as follows.
In the italic heading before section 35, for “as fines etc” substitute “:
general”.
“35A Default term of imprisonment or detention
(1)
This section applies if a court makes a confiscation order.
(2)
The court must also make an order fixing a term (the “default
term”)—(a)
of imprisonment, or
(b)
of detention under section 108 of the Powers of Criminal
Courts (Sentencing) Act 2000,which the defendant is to undergo if any of the amount required to be paid under the confiscation order is not duly paid.
(3)
Where a court is fixing the default term in respect of an amount
required to be paid under a confiscation order, the maximum terms are those specified in the second column of the Table for amounts described in the corresponding entry in the first column.
Amount
Maximum term
£10,000 or less
6 months
More than £10,000 but no more than £500,000
5 years
More than £500,000 but no more than £1 million
7 years
More than £1 million
14 years
(4)
The defendant may not be committed to prison, or detained, by
virtue of an order under subsection (2) on the same occasion as the confiscation order is made unless—(a)
the court is satisfied that the defendant is able to pay the
amount on that occasion,(b)
the court is satisfied that the defendant is unlikely to remain
long enough at a place of abode in the United Kingdom to enable payment of the amount to be enforced by other methods,(c)
on that occasion the court sentences the defendant to
immediate imprisonment, custody for life or detention in a young offender institution for an offence, or(d)
the defendant is already serving a sentence of custody for
life or a term—(i)
of imprisonment,
(ii)
of detention in a young offender institution, or
(iii)
of detention under section 108 of the Powers of
Criminal Courts (Sentencing) Act 2000 (detention in default).(5)
The Secretary of State may by order amend the Table in subsection (3) so as to remove, alter or replace any entry or to add any entry.
35B Effect of part payment on the default term
(1)
(2)
The default term is reduced by the number of days found using the
following formula—where—
A is the amount of the part payment;
B is the amount that was required to be paid under the order at the time that the default term was fixed;
(3)
In calculating the reduction required under subsection (2) any
fraction of a day is to be left out of account.35C Release from custody on full payment
(1)
Subsection (2) applies where—
(a)
(b)
the defendant pays that amount.
(2)
Where this subsection applies—
(a)
any warrant of commitment issued for the purpose of
recovering the amount ceases to have effect, and(b)
if the defendant has been committed to custody, the
defendant is to be released unless the defendant is in custody for some other cause.35D The enforcing court
(1)
This section applies if a court makes a confiscation order.
(2)
On making the confiscation order, the court must make an order
specifying whether the Crown Court or a magistrates’ court is the enforcing court in relation to the confiscation order.(3)
Where—
(a)
an order has been made under subsection (2) specifying that
a magistrates’ court is the enforcing court in relation to a confiscation order, and(b)
a period has been specified under section 11(2) (specified
period for payment) in relation to the confiscation order,a magistrates’ court may, at any time on or before the final day of the specified period, order that the Crown Court is instead the enforcing court in relation to the confiscation order.
(4)
The reference in subsection (3) to the period specified under section
11(2)—(a)
includes any such period as extended under section 11(4),
and(b)
where more than one such period has been specified, is a
reference to the period that ends last.(5)
(6)
(7)
(8)
The defendant has no right of appeal against an order under this
section.(9)
If—
(a)
a collection order has been made under Schedule 5 to the
Courts Act 2003 in respect of the sum required to be paid under a confiscation order, and(b)
after the making of the collection order, an order is made
under subsection (3) in relation to the confiscation order,the collection order ceases to have effect.
(10)
In this section “enforcement proceedings” means any proceedings
in connection with the enforcement of a confiscation order.(11)
For the purposes of this Part (other than this section), “the enforcing
court”, in relation to a confiscation order, means—(a)
the Crown Court in a case where—
(i)
(ii)
no order has subsequently been made under
subsection (5) ;(b)
a magistrates’ court in any other case.
35E Power for new enforcing court to vary enforcement action taken
by former enforcing court(1)
Subsection (2) applies if at any time—
(a)
(b)
before that time the Crown Court or, as the case may be, a
magistrates’ court took enforcement action under an enforcement power, and(c)
that action could have been taken by the new enforcing court
under a corresponding enforcement power had the new enforcing court been the enforcing court in relation to the order at the time that the enforcement action was taken.(2)
The new enforcing court may exercise one or more of its enforcement
powers to vary or revoke the enforcement action in the same way that it could have exercised such a power had the enforcement action been taken by that court.(3)
In this section—
(a)
references to taking enforcement action mean making an
order, issuing a direction, warrant or summons, imposing conditions or taking any other action under an enforcement power;(b)
“enforcement power” means any power which may be
exercised by a court in connection with the enforcement of a confiscation order.35F Confiscation order with enforcement plan: initial enforcement
hearing(1)
This section applies where—
(a)
a court has prepared an enforcement plan for a confiscation
order (see section 13ZA ), and(2)
If the condition in subsection (4) is met the enforcing court must,
at the initial enforcement hearing, make an order or orders in the terms that were set out in draft in the enforcement plan (the “initial enforcement orders”).(3)
If that condition is not met the enforcing court must, at that hearing,
consider what other steps to take for the purposes of enforcing the confiscation order.(4)
The condition is that the enforcing court believes that—
(a)
the proceeds of the realisation of property pursuant to the
initial enforcement orders would be less than or equal to the amount remaining to be paid under the confiscation order, and(b)
the interests of justice do not require any initial enforcement
order not to be made.(5)
In this section “the initial enforcement hearing” means the hearing
held pursuant to section 13ZB .35G Power to compel defendant to attend court for enforcement purposes
(1)
This section applies if a court has made a confiscation order.
(2)
The enforcing court may, for any purpose in connection with the
enforcement of the order—(a)
issue a summons requiring the defendant to appear before
the court at the time and place appointed in the summons, or(b)
issue a warrant to arrest the defendant and bring them before
the court.(3)
On the failure of the defendant to appear before the court in answer
to a summons issued under subsection (2)(a), the enforcing court may issue a warrant to arrest them and bring them before the court.(4)
A warrant issued under this section may be executed in the same
manner, and the same proceedings may be taken with a view to its execution, in any part of the United Kingdom, as if it had been issued under section 13 of the Magistrates’ Courts Act 1980.35H Financial status orders
(1)
This section applies if a court has made a confiscation order.
(2)
The enforcing court may order the defendant to give the court,
before the end of the period specified in the order—(a)
any information about the defendant’s assets and other
financial circumstances, and(b)
any documentary or other evidence in support of that
information,that the court may require in connection with the enforcement of the confiscation order.
35I Confiscation assistance advisers
(1)
This section applies if a court has made a confiscation order.
(2)
The enforcing court may appoint any person the court thinks
appropriate to advise and assist the defendant in satisfying the confiscation order.(3)
But a person may only be appointed under subsection (2) with the
person’s consent.
Enforcement by magistrates’ courts
35J Enforcement as a fine by magistrates’ court
(1)
This section applies if—
(a)
a court has made a confiscation order, and
(b)
a magistrates’ court is for the time being the enforcing court
(see section 35D ).(2)
The amount required to be paid under the confiscation order is to
be treated for the purposes of collection of any unpaid amount and enforcement of the order as a fine imposed on the defendant—(a)
by a magistrates’ court specified in an order made by the
Crown Court, or(b)
if no such order is made, by the magistrates’ court by which
the defendant was sent to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998,and as having been so imposed on conviction by the magistrates’ court in question.
(3)
Subsection (4) applies where a magistrates’ court issues a warrant
of commitment in default of payment of an amount required to be paid by a confiscation order.(4)
The term of imprisonment, or detention under section 108 of the
Powers of Criminal Courts (Sentencing) Act 2000, specified in the warrant of commitment as the term which the defendant is liable to serve is to be—(5)
In the application of Part 3 of the Magistrates’ Courts Act 1980 to
an amount payable under a confiscation order—(a)
ignore section 75 of that Act (power to dispense with
immediate payment);(b)
ignore section 76(3) of that Act (maximum term of
commitment);(c)
section 77(2) of that Act is to be read as if the words from
“fix a term” to “for default) and” were omitted;(d)
ignore section 79 (release from custody and reduction of
detention on payment);(e)
such an amount is not—
(i)
a sum adjudged to be paid by a conviction for the
purposes of section 81 of that Act (enforcement of fines imposed on young offenders), or(ii)
a fine for the purposes of section 85 of that Act
(remission of fines);(f)
in section 87 of that Act, ignore—
(i)
subsection (3) (inquiry into means), and
(ii)
subsection (3A) (requirement for fines officer to
conduct means inquiry before enforcement proceedings).(6)
Subsection (7) applies where, by virtue of section 118, a transfer of
fine order under section 222 of the Criminal Procedure (Scotland) Act 1995 provides for the enforcement by a magistrates’ court in England and Wales of an amount ordered to be paid under a confiscation order.(7)
Section 91(3) of the Magistrates’ Courts Act 1980 is to be read as if
for “fine fell to be enforced by virtue of section 132(1) of the Sentencing Code” there were substituted “confiscation order fell to be enforced by virtue of section 35J of the Proceeds of Crime Act 2002”.(8)
In this section, “unpaid amount”, in relation to a confiscation order,
means an amount required to be paid by the defendant under the order that has not been paid when it is required to have been paid.Enforcement by Crown Court: powers corresponding to those of magistrates’ courts
35K Enforcement by Crown Court: general
(1)
(a)
a court has made a confiscation order, and
(b)
the Crown Court is for the time being the enforcing court
in relation to the order (see section 35D ).(2)
The amount required to be paid under the confiscation order is to
be treated for the purposes of any enactment as if it were a sum adjudged to be paid by a conviction of the Crown Court.(3)
Payments under the confiscation order are to be made, except where
provided otherwise by an enactment or court order, to the designated officer for the collecting magistrates’ court.(4)
For the purposes of this Part, “the collecting magistrates’ court”, in
relation to a confiscation order, means—(a)
the magistrates’ court specified as the collecting magistrates’
court in the order made under section 35D (2) or (as the case may be) (3) in relation to the confiscation order, or(b)
if no such specification is made, the magistrates’ court by
which the defendant was sent to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1988.(5)
35L Warrants of control
(1)
The Crown Court may issue a warrant of control for the purpose
of recovering any unpaid amount in relation to the confiscation order.(2)
The court may, if it thinks it expedient to do so, postpone the issue
of the warrant until such time and on such conditions, if any, as the court thinks just.35M Warrants of commitment
(1)
The Crown Court may issue a warrant of commitment if the
defendant defaults on the confiscation order (within the meaning given by section 13ZA (4) ).(2)
But a warrant of commitment may be issued only—
(a)
where it appears on the return to a warrant of control issued
for the purpose of recovering the unpaid amount, that the money and goods of the defendant are insufficient to pay the amount outstanding, or(b)
instead of a warrant of control.
(3)
The term of imprisonment, or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 , specified in the
warrant of commitment as the term which the defendant is liable to serve is to be—(a)
the default term fixed under section 35A(2), or
(4)
In subsection (2) (a) “amount outstanding” has the meaning given
by paragraph 50 (3) of Schedule 12 to the Tribunals, Courts and
Enforcement Act 2007 .35N Postponement of issue of warrant of commitment
(1)
This section applies where the Crown Court has the power to issue
a warrant of commitment under section 35M .(2)
The court may, if it thinks it expedient to do so, postpone the issue
of the warrant until such time and on such conditions, if any, as the court thinks just.(3)
The court may at any time (and whether or not an application has
been made under subsection (5)) do either or both of the following—(a)
direct that the issue of the warrant is postponed until a time
different from that to which it was previously postponed;(b)
vary any of the conditions on which its issue is postponed,
but only if it thinks it just to do so having regard to a change of circumstances since the relevant time.
(4)
In this section “the relevant time” means—
(a)
where neither of the powers conferred by subsection (3) has
been exercised previously, the date when the issue of the warrant was postponed under subsection (2), and(b)
in any other case, the date of the exercise or latest exercise
of either or both of the powers.(5)
(6)
The court must—
(a)
fix a time and place for the application to be heard, and
(b)
give notice of that time and place to the defendant.
(7)
(8)
If a warrant of commitment has been issued before the hearing of
the application, the court may, if it is satisfied that the change of circumstances on which the defendant relies was not put before the court when it was determining whether to issue the warrant—(a)
order that the warrant is to cease to have effect, and
(b)
if the defendant has been arrested under it, order that the
defendant is to be released.35O Restriction on power to issue warrant of commitment
(1)
This section applies in relation to the issue of a warrant of
commitment under section 35M otherwise than on the occasion of the making of the confiscation order.(2)
The court may not issue the warrant unless—
(a)
the defendant appears to the court to have sufficient means
to pay the unpaid amount immediately, or(b)
the court—
(i)
is satisfied that the default is due to the defendant’s
wilful refusal or culpable neglect, and(ii)
has considered or tried the methods of enforcing
payment listed in subsection (3) and it appears to the court that they are inappropriate or were unsuccessful.(3)
The methods of enforcing payment mentioned in subsection (2)(b)(ii)
are—(a)
a warrant of control under section 35L ;
(b)
an application to the High Court or county court for
enforcement under section 35Q ;(c)
an attachment of earnings order.
(4)
The warrant must specify which of the conditions in subsection (2) is satisfied.
(5)
The court may not issue the warrant except at a hearing at which
the defendant is present unless the court has served a notice on the defendant—(a)
stating—
(i)
that the court intends to hold a hearing to consider
whether to issue the warrant;(ii)
the time and place appointed for the hearing,
(b)
giving the reason why the court intends to hold the hearing,
and(c)
informing the defendant that, if the defendant considers that
there are grounds why the warrant should not be issued, the defendant may make representations to the court in person or in writing.(6)
The court may exercise its powers in relation to the issue of the
warrant whether or not the defendant makes representations.(7)
Subject to subsection (8), the time stated in the notice under
subsection (5)(a)(ii) must not be earlier than the last day of the period of 21 days beginning with the day after the day on which the notice was issued.(8)
Where the notice under subsection (5) is issued at the same hearing
as that at which the court exercises its power to postpone the issue of the warrant, the time stated in the notice may be a time on any day after the end of the period for which the issue of the warrant is postponed.(9)
A notice under subsection (5) which is sent by registered post, or
by recorded delivery, addressed to the defendant at the defendant’s last known address is deemed to have been served on the defendant, even if the notice is returned as undelivered or is for any other reason not received by the defendant.35P Execution of warrant issued by Crown Court under section 35L or 35M
(1)
Section 125(2) of the Magistrates’ Courts Act 1980 (execution
anywhere in England and Wales) applies in relation to a warrant of control or warrant of commitment issued by the Crown Court under section 35L or 35M as it applies in relation to a warrant of control or warrant of commitment issued by a justice of the peace.(2)
Section 125ZA of the Magistrates’ Courts Act 1980 (endorsement of
warrant of control) applies in relation to a warrant of control issued by the Crown Court under section 35L as it applies in relation to a warrant of control issued by a justice of the peace.(3)
(4)
Accordingly, the following sections of the Magistrates’ Courts Act
1980 also apply in relation to a warrant of control or warrant of commitment issued by the Crown Court under section 35L or 35M —(a)
section 125B (execution by approved enforcement agency),
(b)
section 125C (disclosure of information), and
(c)
section 125D(1) and (4) (execution by person not in
possession of warrant).(5)
(6)
Section 125CA of the Magistrates’ Courts Act 1980 (power to make
disclosure order) applies in relation to a warrant of control or warrant of commitment issued by the Crown Court under section 35L or 35M as it applies in relation to a warrant of control or warrant of commitment issued by a justice of the peace but—(a)
reading the reference in subsection (1) to a magistrates’ court
as a reference to the Crown Court, and(b)
reading the reference in subsection (2) to the designated
officer for the court as a reference to the court.(7)
Section 13 of the Indictable Offences Act 1848 (which relates, among
other things, to the execution in Scotland, Northern Ireland, the Isle of Man and the Channel Islands of certain warrants of arrest) applies to a warrant of commitment issued under section 35M as it applies to a warrant issued in England and Wales by the Crown Court for an indictable offence.35Q Enforcement by High Court or county court
(1)
Payment of the amount required to be paid under the confiscation
order may be enforced by the High Court or the county court (otherwise than by issue of a writ of control or other process against goods or by imprisonment or attachment of earnings) as if the amount were due to the appropriate designated officer in pursuance of a judgment or order of the High Court or, as the case may be, the county court.(2)
35R Transfer to Scotland or Northern Ireland
(1)
Where it appears to the Crown Court that the defendant is
residing—(a)
within the jurisdiction of a court of summary jurisdiction in
Scotland, or(b)
in Northern Ireland,
the court may order that payment of the unpaid amount is enforceable by that court of summary jurisdiction in Scotland or, as the case may be, by a court of summary jurisdiction in Northern Ireland.
(2)
An order under this section must specify the court of summary
jurisdiction by which payment of the unpaid amount is to be enforceable.(3)
If the unpaid amount is more than £100 and payment is to be
enforceable in Scotland, the court specified in the order must be the sheriff court.(4)
In section 25A (recovery from estate of deceased defendant impractical:
discharge of order)—
in subsection (1)(c), at the beginning insert “in a case where the
enforcing court is for the time being a magistrates’ court,”;
in subsection (2), for “court”, the first time it appears, substitute
“Crown Court”.
“Provision about imprisonment or detention”
In section 39 (reconsideration etc: variation of prison term)—
in subsection (1)—
In section 54 (enforcement receivers), in subsection (7), for the words from in a case where the enforcing court is for the time being a
“the one” to the end substitute “—
(a)
magistrates’ court, the designated officer for the court;
In section 459 (orders and regulations)—
The Proceeds of Crime Act 2002 is amended as follows.
In section 67 (money)—
in subsection (5)—
for “a magistrates’ court” substitute “the enforcing court”;
for “to the designated officer for the court” substitute “, as
mentioned in
subsection (5ZA)
,”;
“(5ZA)
The money must be paid—
(a)
in a case where the enforcing court is for the time
being a magistrates’ court, to the designated officer for the court;
in subsection (5B), for “a magistrates’ court” substitute “the enforcing
court”;
in subsection (6)—
in paragraph (a), for “magistrates’ court” substitute
“enforcing court”;
in paragraph (b), for “the court” substitute “a magistrates’
court”.
In section 67ZA (cryptoassets)—
in subsection (3)—
in the words before paragraph (a), for “A magistrates’ court”
substitute “The enforcing court”;
in paragraph (b), for “to the designated officer for the court”
substitute “, as mentioned in
subsection (3A)
,”;
“(3A)
The proceeds of the realisation must be paid—
(a)
in a case where the enforcing court is for the time
being a magistrates’ court, to the designated officer for the court;
in subsection (5), for “a magistrates’ court” substitute “the enforcing
court”;
in subsection (6)—
in paragraph (a), for “magistrates’ court” substitute
“enforcing court”;
in paragraph (b), for “the court” substitute “a magistrates’
court”.
In section 67A(3) (seized personal property), for “a magistrates’ court”
substitute “the enforcing court”.
In section 67AA(2) (destruction of seized cryptoassets), for “A magistrates’
court” substitute “The enforcing court”.
In section 67B(1) (costs of storage and realisation), for “a magistrates’ court”
substitute “the enforcing court”.
In section 67D (proceeds of realisation)—
in subsection (2)(c), after “third,” insert “in a case where the sums
are the proceeds of the realisation of property under section 67A,”;
in subsection (6), in the definition of “appropriate designated officer”, in a case where the enforcing court is for the time
for the words from “the designated officer” to the end substitute
“—
(a)
being a magistrates’ court, the designated officer for
the court;
In section 69(2A) (powers of court and receiver etc), in paragraph (c) for
“a magistrates’ court” substitute “the enforcing court”.
Schedule 5 to the Courts Act 2003 (collection of fines and other sums
imposed on conviction) is amended as follows.
In paragraph 1 (application of Schedule)—
in sub-paragraph (1) omit “(“P”)”;
“(1A)
Parts 1, 3, 3A and 10 also apply if a person aged 18 or
over is liable to pay a sum required to be paid under a confiscation order and the Crown Court is for the time being the enforcing court in relation to the order (within the meaning given by section 35D of the Proceeds of Crime Act 2002).”
In paragraph 2 (interpretation)—
in sub-paragraph (1), for the words from “the sum adjudged to be in a case where this Schedule applies as mentioned in a case where this Schedule applies as mentioned in a case where this Schedule applies as mentioned
paid” to the end, substitute “—
(a)
in sub-paragraph (1) of paragraph 1, the sum
adjudged to be paid as mentioned in that
sub-paragraph;
(b)
in sub-paragraph (1A) of paragraph 1, the sum
required to be paid as mentioned in that
sub-paragraph;
(c)
in paragraph (2) of paragraph 1, the sum payable
under a notice of conviction and penalty.”;
“(1A)
In this Schedule “P” means—
(a)
in a case where this Schedule applies as mentioned
in sub-paragraph (1) of paragraph 1, the person mentioned in that sub-paragraph;(b)
in a case where this Schedule applies as mentioned
in sub-paragraph (1A) of paragraph 1, the person mentioned in that sub-paragraph.”.
In paragraph 3(1) (meaning of “existing defaulter”), after sub-paragraph
(d) (but before the “or” at the end of that sub-paragraph) insert—
In paragraph 7 (application of provisions about attachment of earnings
orders and applications for benefit deductions)—
“(b)
the enforcing court.”;
“(2A)
In sub-paragraph (2)(b), the “enforcing court” means—
(a)
in a case where the sum due is required to be paid
under a confiscation order, the court that is the enforcing court in relation to the order (within the meaning given by section 35D of the Proceeds of Crime Act 2002);(b)
in any other case, the magistrates’ court responsible
for enforcing payment of the sum due.”
In paragraph 9C(3B) (meaning of “P” in Part 3A), in the definition of “P”,
for “paragraph 1” substitute “paragraph 2”.
In paragraph 11(2) (meaning of “the relevant court” in Part 4), for the words the court which is imposing the liability to pay the sum due, the magistrates’ court responsible for enforcing payment of
from “has the same meaning” to the end, substitute “means—
(a)
or
(b)
the sum due.”
The Attachment of Earnings Act 1971 is amended as follows.
In section 6(7) (collecting officer of the court for purposes of attachment of in the case of an order made by the Crown Court under
earnings order), after paragraph (a) insert—
“(aza)
Schedule 5 to the Courts Act 2003 in relation to a sum
required to be paid under a confiscation order, the designated
officer for the collecting magistrates’ court in relation to the
confiscation order (within the meaning given by section
35K
(4)
of the Proceeds of Crime Act 2002);”.
In section 15D (interpretation of provisions relating to finding the debtor’s If the lapsed order was made by the Crown Court under Schedule
employer) (as inserted by section 92 of the Tribunals, Courts and
Enforcement Act 2007), after subsection (2) insert—
“(2A)
5 to the Courts Act 2003, the proper authority is the Crown Court,
a magistrates’ court or the designated officer for a magistrates’
court.”
“(1A)
The powers of the Crown Court under Schedule 5 to the Courts
Act 2003 include power to make an attachment of earnings order to secure the discharge of any number of such liabilities as are specified in paragraph 1 (1A) of that Schedule.”
Schedule 5 to the Courts Act 2003 is amended as follows.
In paragraph 2(2), after the definition of “a sum required to be paid by a
““
compensation order” insert—
a sum required to be paid by a confiscation order” means any sum
required to be paid under an order made under section 6 of the
Proceeds of Crime Act 2002;”.
In paragraph 13(1) (content of collection orders), in paragraph (aa)—
in the words before sub-paragraph (i), after “compensation order,”
insert “a sum required to be paid by a confiscation order,”;
in sub-paragraph (i), after “compensation order,” insert “the amount
required to be paid under the confiscation order,”.
Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking
control of goods) is amended as follows.
In paragraph 3(1) (general interpretation), in the definition of “the court”, in relation to an enforcement power under a warrant of
after paragraph (b) insert—
“(ba)
control issued for the recovery of a sum required to be paid
under an order under section 6 of the Proceeds of Crime Act
2002 (confiscation orders), the court that is the enforcing
court in relation to the order (within the meaning given by
section
35D
of that Act);”.
In paragraph 17 (powers to use reasonable force), after “18,” insert “18ZA,”.
“18ZA
This paragraph applies if these conditions are met—
(a)
the enforcement agent has power to enter the premises
under paragraph 14 or 16 under a warrant under paragraph 15;(b)
the enforcement agent is acting under an enforcement
power conferred by a warrant of control issued under section 35L of the Proceeds of Crime Act 2002 (powers of Crown Court to issue warrant of control to enforce confiscation order);(c)
the enforcement agent is entitled to execute the warrant
by virtue of section 125A (execution by civilian enforcement officer) or 125B (execution by approved enforcement agency) of the Magistrates’ Courts Act 1980 as applied by section 35P of the Proceeds of Crime Act 2002.”
In paragraph 19A(1) (power of entry where there is a controlled goods none of paragraphs 18, 18ZA or 19 applies.”
agreement), for paragraph (e) substitute—
“(e)
The Proceeds of Crime Act 2002 is amended as follows.
In section 40 (conditions for exercise of power to make restraint order), for Section 41 (power to make a restraint order) applies if— any of the first to fifth conditions is satisfied (see subsections there is a real risk that relevant realisable property held by For the purposes of this section— “relevant realisable property” is realisable property that could a reference to relevant realisable property being “dissipated” In determining for the purposes of subsection
(1)
(b)
whether there the nature of the relevant realisable property; the extent to which any person has taken steps with a view any circumstances of a person who holds the relevant any evidence of such a person’s character; the nature of the defendant’s criminal conduct; the amount by which the defendant is suspected or believed the stage of the proceedings for an offence against the
subsection (1) substitute—
“(1)
(a)
(2) to (6)), and
(b)
any person will be dissipated unless the Crown Court
exercises the powers conferred by section 41 in relation to
that property.
(1A)
(a)
be used for the purpose of satisfying any confiscation order
that has been or may be made against the defendant;
(b)
is to it ceasing to be available for that purpose.
(1B)
is a real risk of relevant realisable property being dissipated, the
court must, in particular, have regard to the following—
(a)
(b)
to relevant realisable property being dissipated;
(c)
realisable property that may affect the ease with which they
would be able to secure the dissipation of the property;
(d)
(e)
(f)
to have benefited from their criminal conduct;
(g)
defendant.”
In section 41(1) (power to make restraint order), for “If any condition set
out in section 40 is satisfied” substitute “In a case where this section applies
(see section 40),”.
The Proceeds of Crime Act 2002 is amended as follows.
In section 41 (restraint orders)—
omit subsections (2A) and (2B);
in subsection (3)—
omit “other”;
“(c)
be made subject to conditions.”;
in subsection (4), for the words before paragraph (a) substitute
“Section 41ZA applies to an exception to a restraint order if the
exception makes provision for any reasonable legal expenses
which—”;
omit subsections (5A) and (5B);
omit subsection (10).
“41ZA Exception for legal expenses in respect of offence with which
confiscation proceedings concerned(1)
Where the court makes an exception to a restraint order under
section 41(3) to which this section applies, it must ensure that the exception—(a)
is limited to legal expenses that the specified person has
reasonably incurred or that the person reasonably incurs,(b)
specifies the total amount that may be released for legal
expenses in pursuance of the exception, and(c)
is made subject to the required conditions (in addition to
any conditions imposed under section 41(3)(c)).(2)
The Lord Chancellor may by regulations specify the required
conditions for the purposes of subsection (1) .(3)
A required condition may, in particular—
(a)
restrict who may receive sums released in pursuance of the
exception (by, for example, requiring released sums to be paid to professional legal advisers), or(b)
be made for the purpose of controlling the amount of any
sum released in pursuance of the exception in respect of an item of expenditure.(4)
A required condition made for the purpose mentioned in subsection
(3) (b) may, for example, provide for a sum to be released in respect
of an item of expenditure only if—(a)
the court has assessed the amount allowed by the regulations
in respect of that item, and(b)
the sum is released for payment of the assessed amount.
(5)
For the purposes of subsection (4) , the regulations may, in particular,
make provision—(a)
limiting the amount of remuneration allowable to
representatives for a unit of time worked;(b)
limiting the total amount of remuneration allowable to
representatives for work done in connection with proceedings or a step in proceedings;(c)
limiting the amount allowable in respect of an item of
expenditure incurred by a representative or incurred, otherwise than in respect of the remuneration of a representative, by a party to proceedings.(6)
Before making regulations under this section, the Lord Chancellor
must consult such persons as the Lord Chancellor considers appropriate.”
In section 459 (orders and regulations), in each of subsections (4)(a) and
(6)(a), omit “41(5A),”.
In section 41 of the Proceeds of Crime Act 2002 (restraint orders)—
“(3A)
In making an exception to a restraint order that makes
provision for reasonable living expenses the court must, in particular, have regard to the following—(a)
the period for which the restraint order is to have
effect;(b)
the specified person’s applicable standard of living
(see subsection (11) );(c)
the specified person’s means;
(d)
the value of relevant realisable property held by the
specified person in relation to the amount that the defendant is, or is likely to be, required to pay under a confiscation order;(e)
the extent to which expenditure by the specified
person is necessary or desirable for the purpose of improving or maintaining the value of relevant realisable property held by them.”;
“(11)
In this section—
“
applicable standard of living”, in relation to a specified
person, means—(a)
the person’s standard of living immediately
before the making of the restraint order, or(b)
in a case where there is reasonable cause to
believe that the person enjoys a higher standard of living as a result of criminal activity, the standard of living that the person would enjoy but for that activity;“
relevant realisable property” has the same meaning as
in section 40.”
The Proceeds of Crime Act 2002 is amended as follows.
In section 41 (restraint orders)—
in subsection (7A), for “and (7C)” substitute “to (7CA)”;
“(7CA)
In determining for the purposes of subsection (7B)(b) whether
proceedings for the offence have not started within a reasonable time, the court must, in particular, have regard to the following—(a)
the length of time that has passed since the making
of the restraint order;(b)
the reasons given by the prosecutor for proceedings
not having started within that time;(c)
the length and complexity of the criminal
investigation, both before and after the making of the restraint order;(d)
the extent to which the matters subject to that
investigation include matters arising abroad;(e)
the length and complexity of the potential
proceedings;(f)
the nature of the restraint order (for example, the
extent of the property to which it relates);(g)
the impact of the restraint order on any person
affected by the order.”
In section 42 (restraint orders: application, discharge and variation), after In determining for the purposes of subsection (7)(a) whether the length of time that has passed since the making of the the reasons given by the prosecutor for proceedings not the length and complexity of the criminal investigation, both the extent to which the matters subject to that investigation the length and complexity of the potential proceedings; the nature of the restraint order (for example, the extent of the impact of the restraint order on any person affected by
subsection (7) insert—
“(7A)
proceedings for the offence have not started within a reasonable
time, the court must, in particular, have regard to the following—
(a)
restraint order;
(b)
having started within that time;
(c)
before and after the making of the restraint order;
(d)
include matters arising abroad;
(e)
(f)
the property to which it relates);
(g)
the order.”
“42A Restraint orders: effect of conviction
(1)
In making or varying a restraint order at any time after the
defendant’s conviction for an offence, the Crown Court must have regard, in particular, to—(a)
the fact of the defendant’s conviction, and
(b)
whether any of the following has been, or is likely to be,
made against the defendant—(i)
a compensation order under Chapter 2 of Part 7 of
the Sentencing Code;(ii)
an order requiring payment of a surcharge under
section 42 of that Code;(iii)
an unlawful profit order under section 4 of the
Prevention of Social Housing Fraud Act 2013;(iv)
a slavery and trafficking reparation order under
section 8 of the Modern Slavery Act 2015.(2)
(a)
the Crown Court makes a restraint order at a time when the
defendant has not been convicted of an offence, and(b)
the defendant is subsequently convicted of an offence at a
time when the order remains in force.(3)
If the restraint order is subject to an exception made under section
41(3), the Crown Court must review the appropriateness of the exception having regard, in particular, to the matters mentioned in subsection (1) .(4)
Following that review the court may vary the restraint order,
whether or not an application has been made under section 42(3).”
The Proceeds of Crime Act 2002 is amended as follows.
In section 48 (appointment of management receiver)—
“(1A)
Subsection (2) also applies if—
(a)
a magistrates’ court has made a further detention
order, and(b)
an application is made to the Crown Court to proceed
under subsection (2) by—(i)
the prosecutor, or
(ii)
an accredited financial investigator.”;
in subsection (2), after “restraint order” insert “or (as the case may
be) further detention order”;
“(3)
For the purposes of this section and section 49, a “further
detention order” is an order made in relation to property under section 47M (further detention of property detained under section 47J).”
In section 49 (powers of management receiver)—
in subsection (1), after “restraint order” insert “or (as the case may
be) further detention order (referred to in this section as the “relevant
order”)”;
in subsections (2), (5) and (6)(a), for “restraint order” substitute
“relevant order”.
In section 63 (discharge and variation), in subsection (3)(a), after “section
40” insert “or 47B”.
“Appeals
67E Appeals in relation to confiscation orders
(1)
If the Crown Court makes a confiscation order, the prosecutor may
appeal to the Court of Appeal in respect of the order.(2)
If the Crown Court decides not to make a confiscation order, the
prosecutor may appeal to the Court of Appeal against the decision.(3)
For the defendant’s right of appeal—
(a)
where the Crown Court makes a confiscation order, and
(b)
in respect of an order fixing the default term,
see section 50(1) of the Criminal Appeal Act 1968 (the effect of which is that, for the purposes of the appeal rights conferred by that Act, both such orders form part of the defendant’s sentence).
(4)
On an appeal under subsection (1) the Court of Appeal—
(a)
may confirm, vary or quash the confiscation order, and
(b)
if it quashes the order, may direct the Crown Court to
proceed afresh under section 6.(5)
On an appeal under subsection (2) the Court of Appeal—
(a)
may confirm the decision, or
(b)
if it believes that the decision was wrong, may—
(i)
itself proceed under section 6 (ignoring subsections
(1) to (3)), or(ii)
direct the Crown Court to proceed afresh under that
section.(6)
An appeal lies to the Supreme Court from a decision of the Court
of Appeal on an appeal under this section, at the instance of the defendant or the prosecutor.(7)
On an appeal from a decision of the Court of Appeal to confirm,
vary or make a confiscation order the Supreme Court may confirm, vary or quash the order.(8)
On an appeal from a decision of the Court of Appeal to confirm
the decision of the Crown Court not to make a confiscation order, or from a decision of the Court of Appeal to quash a confiscation order, the Supreme Court may—(a)
confirm the decision, or
(b)
direct the Crown Court to proceed afresh under section 6 if
it believes the decision was wrong.(9)
In proceeding afresh under section 6 pursuant to this section, the
Crown Court must comply with any directions the Court of Appeal or (as the case may be) the Supreme Court may make.67F Appeals under section 67E: supplementary
(1)
This section applies if a court makes or varies a confiscation order
pursuant to section 67E .(2)
The court must—
(a)
have regard to any fine imposed on the defendant in respect
of the offence (or any of the offences) concerned;(b)
have regard to any order which falls within section 13(3)
and has been made against the defendant in respect of the offence (or any of the offences) concerned, unless the order has already been taken into account by a court in deciding what is the free property held by the defendant for the purposes of section 9.(3)
Subsections (4) to (9) apply if a court makes a confiscation order
pursuant to section 67E .(4)
If a court has already sentenced the defendant for the offence (or
any of the offences) concerned, section 6 has effect as if the defendant’s particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding the defendant’s sentence for the offence or offences concerned.(5)
If an order falling with subsection (6) has been made against the
defendant in respect of the offence (or any of the offences) concerned the court must have regard to the order.(6)
These orders fall within this subsection—
(a)
a compensation order under Chapter 2 of Part 7 of the
Sentencing Code;(b)
an order requiring payment of a surcharge under section 42
of the Sentencing Code;(c)
an unlawful profit order under section 4 of the Prevention
of Social Housing Fraud Act 2013;(d)
a slavery and trafficking reparation order under section 8 of
the Modern Slavery Act 2015.(7)
Section 8(2) does not apply, and the rules applying instead are that
the court must—(a)
take account of conduct occurring before the relevant date;
(b)
take account of property obtained before that date;
(c)
take account of property obtained on or after that date if it
was obtained as a result of or in connection with conduct occurring before that date.(8)
In section 10—
(a)
the first and second assumptions do not apply with regard
to property first held by the defendant on or after the relevant date;(b)
the third assumption does not apply with regard to
expenditure incurred by the defendant on or after that date;(c)
the fourth assumption does not apply with regard to
property obtained (or assumed to have been obtained) by the defendant on or after that date.(9)
Section 26 applies as it applies in the circumstances mentioned in
subsection (1) of that section.(10)
For the purposes of this section, “the relevant date” is—
(a)
in a case where the Crown Court made a confiscation order
which was quashed by the Court of Appeal, the date on which the Crown Court made the order;(b)
in any other case, the date on which the Crown Court
decided not to make a confiscation order.67G Appeals in relation to section 10A determinations
(1)
If a court makes a determination under section 10A of the extent
of the defendant’s interest in property, the following may appeal to the Court of Appeal in respect of the determination—(a)
the prosecutor;
(b)
the defendant, if subsection (2) applies;
(c)
a person who the Court of Appeal believes is or may be a
person holding an interest in the property, if subsection (2) applies.(2)
This subsection applies if—
(a)
the defendant or (as the case may be) the person within subsection (1) (c) was not given a reasonable opportunity to
make representations when the determination was made, or(b)
it appears to the Court of Appeal to be arguable that giving
effect to the determination would result in a serious risk of injustice to the defendant or that other person.(3)
But there is no right of appeal for the defendant or a person within subsection (1) (c) if—
(a)
the Court of Appeal believes that an application under
section 50 is to be made by the prosecutor for the appointment of a receiver,(b)
such an application has been made but not yet determined,
or(c)
a receiver has been appointed under section 50.
(4)
On an appeal under this section the Court of Appeal may—
(a)
confirm the determination, or
(b)
make such order as it believes is appropriate.
(5)
An appeal lies to the Supreme Court from a decision of the Court
of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings on the appeal.(6)
On an appeal under subsection (5) the Supreme Court may—
(a)
confirm the decision of the Court of Appeal, or
(b)
make such order as it believes is appropriate.
67H Appeals in relation to compliance orders
(1)
If, on an application under section 13A(3)(b), the Crown Court
decides not to make a compliance order, the prosecutor may appeal to the Court of Appeal against the decision.(2)
If the Crown Court decides to make, discharge or vary a compliance
order, the following persons may appeal to the Court of Appeal in respect of the decision—(a)
the prosecutor;
(b)
the defendant;
(c)
any other person affected by the order.
(3)
On an appeal under subsection (1) or (2) the Court of Appeal may—
(a)
confirm the decision, or
(b)
make such order as it believes is appropriate.
(4)
An appeal lies to the Supreme Court from a decision of the Court
of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings on the appeal.(5)
On an appeal under subsection (4) the Supreme Court may—
(a)
confirm the decision of the Court of Appeal, or
(b)
make such order as it believes is appropriate.
(6)
In this section “compliance order” means an order made under
section 13A.67I Appeals in relation to variations of confiscation order
(1)
If the Crown Court makes an order under section 21, 22 or 23
varying a confiscation order, the prosecutor may appeal to the Court of Appeal in respect of the order.(2)
For the defendant’s right of appeal where the Crown Court makes
an order under section 21 or 22, see section 50(1)(cb) of the Criminal Appeal Act 1968 (the effect of which is that, for the purposes of the appeal rights conferred by that Act, any such order forms part of the defendant’s sentence).(3)
On an appeal under subsection (1) the Court of Appeal—
(a)
may confirm, vary or quash the order concerned, and
(b)
if it quashes the order, may direct the Crown Court to
proceed afresh under section 21, 22 or 23.(4)
An appeal lies to the Supreme Court from a decision of the Court
of Appeal on an appeal under this section, at the instance of the defendant or the prosecutor.(5)
On an appeal from a decision of the Court of Appeal to confirm or
vary the order concerned the Supreme Court may confirm, vary or quash the order.(6)
On an appeal from a decision of the Court of Appeal to quash the
order concerned the Supreme Court may—(a)
confirm the decision of the Court of Appeal, or
(b)
direct the Crown Court to proceed afresh under section 21,
22 or 23 if it believes the decision was wrong.(7)
In proceeding afresh pursuant to this section, the Crown Court must
comply with any directions the Court of Appeal or (as the case may be) the Supreme Court may make.67J Appeals in relation to restraint orders
(1)
If, on an application under section 42 for a restraint order, the Crown
Court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.(2)
If an application is made under section 42(3) in relation to a restraint
order or an order under section 41(7), the following may appeal to the Court of Appeal in respect of the Crown Court’s decision on the application—(a)
the person who applied for the order;
(b)
any person affected by the order.
(3)
On an appeal under subsection (1) or (2) the Court of Appeal may—
(a)
confirm the decision, or
(b)
make such order as it believes is appropriate.
(4)
An appeal lies to the Supreme Court from a decision of the Court
of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal.(5)
On an appeal under subsection (4) the Supreme Court may—
(a)
confirm the decision of the Court of Appeal, or
(b)
make such order as it believes is appropriate.
67K Appeals in relation to management and enforcement receivers
(1)
If, on an application for an order under any of sections 48 to 51 or
62, the Crown Court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.(2)
If the Crown Court makes an order under any of sections 48 to 51
or 62, any of the following may appeal to the Court of Appeal in respect of the order—(a)
the person who applied for the order;
(b)
any person affected by the order;
(c)
if the order was made under section 62, the receiver.
(3)
The following may appeal to the Court of Appeal against a decision
of the Crown Court on an application under section 63—(a)
the person who applied for the order in respect of which
the application was made;(b)
any person affected by the court’s decision;
(c)
the receiver.
(4)
On an appeal under this section the Court of Appeal may—
(a)
confirm the decision, or
(b)
make such order as it believes is appropriate.
(5)
An appeal lies to the Supreme Court from a decision of the Court
of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal.(6)
On an appeal under subsection (5) the Supreme Court may—
(a)
confirm the decision of the Court of Appeal, or
(b)
make such order as it believes is appropriate.
67L Appeals in relation to realisation etc of seized property
(1)
If the enforcing court decides not to make an order under section
67ZA(3), 67A(3) or 67AA(2), an appropriate officer may appeal against the decision to the applicable court.(2)
If the enforcing court makes an order under 67ZA(3), 67A(3) or
67AA(2), a person affected by the order may appeal in respect of the order to the applicable court, but only if conditions 1 and 2 are met (and see subsection (5) ).(3)
Condition 1 is met if no determination under section 10A has been
made in relation to the case.(4)
Condition 2 is met if—
(a)
the person concerned was not given a reasonable opportunity
to make representations when the confiscation order was made, or(b)
it appears to the applicable court to be arguable that not
hearing the appeal would result in a serious risk of injustice to that person.(5)
A person holding the property to which the order under section
67ZA, 67A or (as the case may be) 67AA relates may not appeal under subsection (2) if there is a confiscation order made against them.(6)
An appropriate officer may appeal to the applicable court against—
(a)
a decision by the enforcing court not to make a determination
under section 67B;(b)
a determination made by the enforcing court under that
section.(7)
On an appeal under this section to the Court of Appeal it may—
(a)
confirm the decision, or
(b)
make such order as it believes is appropriate.
(8)
An appeal lies to the Supreme Court from a decision of the Court
of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal.(9)
On an appeal under subsection (8) the Supreme Court may—
(a)
confirm the decision of the Court of Appeal, or
(b)
make such order as it believes is appropriate.
(10)
In this section—
“
the applicable court” is—(a)
in a case where the enforcing court is a magistrates’
court, the Crown Court;(b)
in a case where the enforcing court is the Crown
Court, the Court of Appeal;“
appropriate officer” has the same meaning as in section 41A.”
In section 46 (hearsay evidence), in subsection (3)(c), for “43 or 44” substitute
“
67J
”.
In section 85 (proceedings), in subsection (6)—
In section 89 (procedure on appeal to the Court of Appeal), in subsection
(4)—
Omit—
section 13B (appeals against compliance orders);
sections 31 to 33 (appeals against confiscation orders);
sections 43 and 44 (restraint orders: appeals);
sections 65 and 66 (receivers: appeals);
section 67C (orders in relation to seized property: appeals).
In section 50 of the Criminal Appeal Act 1968 (meaning of sentence)—
in subsection (1), in paragraph (ca), omit the words from “(but” to
the end;
“(4)
A determination made under section 10A of the Proceeds of
Crime Act 2002 is not a sentence for the purposes of this Act (see section 67G of that Act for rights of appeal in relation to such a determination).(5)
A compliance order made under section 13A of the Proceeds
of Crime Act 2002 is not a sentence for the purposes of this Act (see section 67H of that Act for rights of appeal in relation to such an order).”
In the Courts Act 2003, in Schedule 8 (minor and consequential
amendments), omit paragraph 406.
In the Constitutional Reform Act 2005, in Schedule 9 (amendments relating
to jurisdiction of the Supreme Court), omit paragraph 77(2) and (3).
In the Serious Crime Act 2007, in Schedule 8 (abolition of Assets Recovery
Agency and its Director)—
omit paragraph 4;
omit paragraphs 16 and 17;
omit paragraph 19;
omit paragraph 32.
In the Prevention of Social Housing Fraud Act 2013, in the Schedule
(consequential amendments)—
omit paragraphs 15 and 16;
omit paragraph 17(3);
omit paragraph 18(3);
omit paragraphs 19 to 21.
Omit sections 46 and 47 of the Crime and Courts Act 2013 (restraint orders
and legal aid).
The Serious Crime Act 2015 is amended as follows.
Omit section 3 (appeals in relation to confiscation orders).
In section 6 (confiscation and victim surcharge orders), omit subsections
(4) and (5).
In section 10 (default sentences), omit subsection (1).
In Schedule 4 (minor and consequential amendments)—
omit paragraphs 21 and 22;
omit paragraph 23(3);
omit paragraph 24(3);
omit paragraphs 25 to 30.
The Modern Slavery Act 2015 is amended as follows.
In section 10 (supplementary provision about slavery and trafficking
reparation orders)—
in subsection (6)—
for “24” substitute “ 24A ”;
after “the court” insert “provisionally discharges or (as the
case may be)”;
In Schedule 5 (minor and consequential amendments), omit paragraphs 16
to 19.
In section 32 of the Criminal Finances Act 2017 (reconsideration of
discharged orders), omit subsections (2) and (3).
The Sentencing Act 2020 is amended as follows.
In section 42 (court’s duty to order payment of surcharge), in subsection
(2)(b), for the words from “15” to the end substitute “
15A
of the Proceeds
of Crime Act 2002 (effect on duty in subsection (1) where court sentences
before confiscation proceedings)”.
In section 46 (criminal courts charge duty), in subsection (1), omit the words
from “But” to the end.
In section 125 (exercise of court’s powers to impose fine and fix amount),
in subsection (6)(b), for the words from “15” to the end substitute “
15A
(where court sentences before confiscation proceedings)”.
In section 135 (making a compensation order), in subsection (6)(b), for the
words from “15” to the end substitute “
15A
(where court sentences before
confiscation proceedings)”.
In section 155 (exercise of power to make a deprivation order), in subsection
(3)(b), for the words from “15” to the end substitute “
15A
(where court
sentences before confiscation proceedings)”.
Schedule 22 (prospective amendments of the Sentencing Code and related
legislation) is amended as follows.
“Part 7A Amendments of other Acts consequential on prospective abolition of detention in default of payment of fines etc
Proceeds of Crime Act 2002 (c. 29)
100A
(1)
The Proceeds of Crime Act 2002 is amended as follows.
(2)
In section 35A (default term of imprisonment or detention)—
(b)
in subsection (4) , in the opening words, omit “, or
detained,”;(c)
in the heading, omit “or detention”.
(3)
(4)
In Part 8 (amendments of other Acts consequential on prospective change
to age limit for imprisonment) at the end insert—
“Proceeds of Crime Act 2002 (c. 29)
103
In Schedule 24 (consequential amendments)—
omit paragraphs 183 and 184;
omit paragraph 185(3);
omit paragraph 186(3);
omit paragraphs 187 and 188;
omit paragraphs 190 to 192.
This paragraph applies if—
an amount remains to be paid under a confiscation order made
under—
section 1 of the Drug Trafficking Offences Act 1986,
section 71 of the Criminal Justice Act 1988, or
section 2 of the Drug Trafficking Act 1994, and
the relevant two-year period has ended.
The Crown Court may, of its own motion or on an application made by a
person listed in sub-paragraph
(3)
, discharge the confiscation order on a
provisional basis if the court considers that it is in the interests of justice
to do so.
The persons are—
the prosecutor;
the designated officer for a magistrates’ court;
a receiver appointed under—
section 11 of the Drug Trafficking Offences Act 1986, in the
case of a confiscation order made under section 1 of that
Act;
section 80 of the Criminal Justice Act 1988, in the case of a
confiscation order made under section 71 of that Act;
section 29 of the Drug Trafficking Act 1994, in the case of a
confiscation order made under section 2 of that Act.
In deciding whether it is in the interests of justice to discharge a confiscation
order on a provisional basis the court must, in particular, take into account—
any amount that the defendant has already paid under the
confiscation order;
the extent to which the amount that remains to be paid under the
order represents interest payable in respect of the order;
any steps that have already been taken in relation to the enforcement
of the order;
the extent to which there are reasonable steps (or further reasonable
steps) that could be taken in relation to the enforcement of the order;
the amount that the court considers would be recovered if all such
reasonable steps (or further reasonable steps) were to be taken.
Where an application under this paragraph is refused, a further application
in relation to the confiscation order concerned may only be made—
after the end of the period of two years beginning with the date of
the refusal, or
before the end of that period, with the leave of the court.
There is no right of appeal against a decision of the court under this
paragraph to discharge, or not to discharge, a confiscation order on a
provisional basis.
In sub-paragraph
(1)
, the “relevant two-year period” means the period of
two years beginning with—
the day on which the confiscation order was made, or
in a case where the order has been varied under the Drug Trafficking
Offences Act 1986, Part 6 of the Criminal Justice Act 1998 or, as the
case may be, Part 1 of the Drug Trafficking Act 1994, the day on
which the order was varied.
This paragraph applies where a confiscation order has been discharged
under
paragraph 54
on a provisional basis.
The order is to be treated as satisfied, and accordingly the proceedings
against the defendant are to be treated as having concluded for the purposes
of the Drug Trafficking Offences Act 1986, the Criminal Justice Act 1988
or, as the case may be, the Drug Trafficking Act 1994, subject to the rest
of this paragraph.
The provisional discharge of the order does not prevent the making of an
application in respect of the order under—
section 14 of the Drug Trafficking Offences Act 1986, in the case of
a confiscation order made under section 1 of that Act;
section 74C or 83 of the Criminal Justice Act 1988, in the case of a
confiscation order made under section 71 of that Act;
section 15, 16 or 17 of the Drug Trafficking Act 1994, in the case of
a confiscation order made under section 2 of that Act.
Where, on an application under any of those provisions, the court varies
the order, the court may also revoke the provisional discharge of the order.
The Crown Court may, on an application made by a person listed in
sub-paragraph
(6)
, revoke the provisional discharge of the order if the court
considers that it is in the interests of justice to do so.
The persons are—
the prosecutor;
a receiver appointed under—
section 11 of the Drug Trafficking Offences Act 1986, in the
case of a confiscation order made under section 1 of that
Act;
section 80 of the Criminal Justice Act 1988, in the case of a
confiscation order made under section 71 of that Act;
section 29 of the Drug Trafficking Act 1994, in the case of a
confiscation order made under section 2 of that Act.
Where the court revokes the provisional discharge of a confiscation order
under this paragraph—
the order is, from the time of the revocation, no longer to be treated
as satisfied, and
accordingly—
from that time the proceedings against the defendant are to
be treated as not having been concluded, and
any interest which was payable in respect of the order for
a period before the provisional discharge of the order but
which had not been paid at the time of the provisional
discharge becomes payable.
There is no right of appeal against a decision of the court under this
paragraph to revoke, or not to revoke, the provisional discharge of a
confiscation order.
This paragraph applies where a court revokes the provisional discharge of
a confiscation order—
If the court is satisfied that the defendant is unable to pay the full amount
ordered to be paid under the order on the day on which the provisional
discharge is revoked, the court may make an order requiring whatever
cannot be paid on that day to be paid—
in a specified period, or
in specified periods each of which relates to a specified amount.
A specified period—
must start with the day on which the provisional discharge is
revoked, and
must not exceed three months.
If—
within any specified period the defendant applies to the relevant
court for that period to be extended, and
the relevant court is satisfied that, despite having made all
reasonable efforts, the defendant is unable to pay the amount to
which the specified period relates within that period,
the court may make an order extending the period (for all or any part or parts of the amount in question).
“The relevant court” means—
in a case where the Crown Court revoked the provisional discharge
of the order, the Crown Court;
in a case where a magistrates’ court revoked the provisional
discharge of the order, a magistrates’ court.
An extended period—
must start with the day on which the provisional discharge is
revoked, and
must not exceed six months.
An order under sub-paragraph (4) —
may be made after the end of the specified period to which it relates,
but
must not be made after the end of the period of six months starting
with the day on which the provisional discharge is revoked.
Periods specified or extended under this paragraph must be such that,
where the court believes that a defendant will by a particular day be able—
to pay the amount remaining to be paid, or
to pay an amount towards what remains to be paid,
that amount is required to be paid no later than that day.
If—
an application has been made under sub-paragraph
(4)
for a
specified period to be extended,
the application has not been determined by the court, and
the period of six months starting with the day on which the
provisional discharge was revoked has not ended,
the amount on which interest is payable in respect of the order does not include the amount to which the specified period relates.
This paragraph applies where—
the Crown Court has decided of its own motion to consider whether
to discharge a confiscation order on a provisional basis,
the court has discharged a confiscation order on a provisional basis
and an application has been made under—
section 14 of the Drug Trafficking Offences Act 1986, in the
case of a confiscation order made under section 1 of that
Act;
section 74C or 83 of the Criminal Justice Act 1988, in the
case of a confiscation order made under section 71 of that
Act;
section 15, 16 or 17 of the Drug Trafficking Act 1994, in the
case of a confiscation order made under section 2 of that
Act.
The relevant court may order the defendant to give the court, before the
end of the period specified in the order—
any information about the defendant’s assets and other financial
circumstances, and
“The relevant court” means—
The Proceeds of Crime Act 2002 is amended as follows.
“Exercise of powers: general
155A The principal objective
(1)
This section applies to any power conferred by or under this Part
on—(a)
a court;
(b)
a prosecutor;
(c)
a person who is an appropriate officer within the meaning
given by section 190A(3) or 195A(1);(d)
any other person whose functions include the investigation
of crime;(e)
a receiver appointed under section 196 or 198.
(2)
The principal objective in exercising a power to which this section
applies in relation to a defendant is to deprive the defendant of the defendant’s benefit from criminal conduct, so far as within the defendant’s means.(3)
The defendant’s means are to be taken to include any tainted gifts
made by the defendant.(4)
A court or person must exercise any power to which this section
applies in the way which the court or person considers is best calculated to further the principal objective.(5)
The duty under section 2A(1) does not apply to the exercise by a
relevant authority of a power to which this section applies if and to the extent that exercising the power in compliance with that duty would be inconsistent with doing so in compliance with the duty under subsection (4) .(6)
In subsection (5) “relevant authority” has the meaning given by
section 2A(2).”
In the italic heading before section 217, after “of” insert “specific”.
In section 217 (powers of court and receiver etc)—
in the heading, at the beginning insert “Specific”;
in subsection (3), in the words before paragraph (a), after “subject
to” insert “the principal objective (see section
155A
) and”.
The Proceeds of Crime Act 2002 is amended as follows.
In section 156(4) (making of order: criminal lifestyle and conduct)—
in paragraph (a), at the beginning insert “if asked to do so by the
prosecutor”;
in paragraph (b), after “if” insert “(pursuant to paragraph (a))”;
in paragraph (c), at the beginning insert “if it is not asked to decide
whether the defendant has a criminal lifestyle or”.
In section 166 (statement of information)—
“(2A)
The statement of information must indicate whether or not
the case is one in which the court is asked to decide whether the defendant has a criminal lifestyle (see section 156(4)).”;
in subsection (3), for “prosecutor believes”, in the first place it occurs,
substitute “case is one in which the court is asked to decide
whether”;
in subsection (5), for “prosecutor does not believe” substitute “case
is one in which the court is not asked to decide whether”.
In section 170(2) (no order made: reconsideration of benefit)—
omit “has decided that”;
in paragraph (a), for “the defendant has a criminal lifestyle but”
substitute “has decided under section 156(4)(b) that the defendant”;
in paragraph (b), for “the defendant does not have a criminal lifestyle
and” substitute “has decided under section 156(4)(c) that the
defendant”.
In section 160 of the Proceeds of Crime Act 2002 (assumptions to be made In determining whether there would be a serious risk of injustice any evidence about the serious risk of injustice that has been any explanation given by the defendant for being unable to
in case of criminal lifestyle), after subsection (6) insert—
“(6A)
if a required assumption were made in relation to particular property
or expenditure, the court must consider all the circumstances of the
case and must, in particular, give the appropriate weight to—
(a)
made available to it, and
(b)
provide evidence that would have shown the assumption
to be incorrect.”
Section 223 of the Proceeds of Crime Act 2002 (criminal lifestyle) is amended
as follows.
In subsection (3)—
after “benefited”, in the first place it occurs, insert “, or intended to
benefit,”;
in paragraph (a)—
for “three”, in both places it occurs, substitute “two”;
after “benefited” insert “or intended to benefit”;
in paragraph (b), after “benefited” insert “or intended to benefit”.
Schedule 5 to the Proceeds of Crime Act 2002 (criminal lifestyle offences)
is amended as follows.
In paragraph 8(1A) (offences in connection with brothels), after paragraph Article 64 (keeping a brothel used for prostitution).”
(f) insert—
“(g)
“Offences involving gangmasters”
“Environmental offences
9C
An offence under Article 4(1)(a) of the Waste and Contaminated
Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I. 19)) (depositing, or causing or permitting the deposit of, controlled waste, otherwise than in accordance with a waste management licence).”
In subsection (2), for “shows” substitute “proves or the court is otherwise
satisfied”.
In subsection (4)—
in the words before paragraph (a), omit “for the purposes of
subsection (1),”;
“(za)
any property in respect of which an order falling
within section 163(3)(b), (c) or (d) was made before the court proceeded under section 156 (see section
165A (2) (c) ),”;
omit the “and” at the end of paragraph (c);
“(e)
any property that has been restored to a victim of
the conduct concerned, or any other person entitled to recover it,(f)
any property that has been handed over to an
appropriate officer within the meaning given by section 190A(3) or 195A(1),(g)
any property that, having been seized under a power
conferred by or by virtue of—(i)
a warrant granted under any enactment or
rule of law, or(ii)
any enactment, or rule of law, under which
the authority of a warrant is not required,has not subsequently been released, and
(h)
any amount paid by the defendant by way of
compensation in connection with the conduct concerned to any victim of the conduct in respect of loss, injury or damage sustained by the victim.”
In section 171 of that Act (order made: reconsideration of benefit)—
“(b)
either or both of the conditions mentioned in
subsection (1A) are met,”;
“(1A)
The conditions are that—
(a)
there is evidence which was not available to the
prosecutor at the relevant time;(b)
there is property that—
(i)
but for section 157(4)(g) (seized property),
would have been taken into account in calculating the relevant amount, and(ii)
has been released to the defendant since the
relevant time.”
The Proceeds of Crime Act 2002 is amended as follows.
In section 159(1) (available amount)—
omit the “and” at the end of paragraph (a);
(c)
any amount determined under section 159A (value
of hidden property).”
“159A Hidden property
(1)
This section applies where it appears to a court calculating the
available amount that—(a)
the defendant’s benefit from the conduct concerned exceeds
the total of the values (as at the time the confiscation order is made) of—(i)
all the free property then held by the defendant, and
(ii)
all tainted gifts, and
(b)
some or all of that excess is a result of property having been
hidden by or on behalf of the defendant.(2)
The court must determine the total value of the property that the
court considers has been hidden by or on behalf of the defendant.(3)
When making a determination under this section the court must,
in particular, consider the extent to which there are other circumstances that may account for the excess mentioned in subsection (1) (b) , for example—(a)
expenditure incurred by the defendant which has or may
have been met from the defendant’s benefit from the conduct concerned;(b)
changes in the value of the property held by the defendant.”
In section 171 (order made: reconsideration of benefit), in subsection (8)(b),
for “section 159” substitute “sections 159 and
159A
”.
In section 172 (order made: reconsideration of available amount), in
subsection (3), for “section 159” substitute “sections 159 and
159A
”.
In section 173 (inadequacy of available amount: variation of order), in
subsection (2), for “section 159” substitute “sections 159 and
159A
”.
In section 225 of the Proceeds of Crime Act 2002 (tainted gifts), for A gift is tainted if it was made by the defendant— at any time after the commission of the offence concerned, if the defendant’s particular criminal conduct consists of two
subsection (5) substitute—
“(5)
(a)
or
(b)
or more offences and they were committed at different times,
at any time after the commission of the earliest of the
offences.”
The Proceeds of Crime Act 2002 is amended as follows.
“(8)
But in a case where—
(a)
the person—
(i)
intended to have only a limited power to control or
dispose of all or part of the property,(ii)
held the property temporarily, or
(iii)
is treated as obtaining the property as a result of
section 232 (3) , and(b)
the court believes that the amount found under subsection
(7) in relation to the property would produce a result that would be unjust,the court may reduce that amount to such amount (including zero) as the court believes is just.”
In section 232 (property: general provisions)—
in subsection (2)(b), at the end insert “(and see subsection (3) )”;
“(3)
If, as a result of or in connection with conduct, a person
keeps property that the person already has, where the court believes it just to do so the person is to be treated as obtaining the property as a result of or in connection with the conduct.”
The Proceeds of Crime Act 2002 is amended as follows.
In section 227(5) (value: the basic rule), after “228” insert “, 228A”.
In section 228 (value of property obtained from conduct), after subsection If only a proportion of the property was obtained by the person as This section does not apply in a case where
section 228A
applies.”
(4) insert—
“(5)
a result of or in connection with the person’s criminal conduct, only
that proportion is to be taken into account for the purposes of
subsections (2) to (4).
(6)
“228A Mortgages
(1)
This section applies if—
(a)
a person uses a loan obtained as a result of or in connection
with the person’s criminal conduct to purchase an interest in land,(b)
the loan is secured by a mortgage over the interest in land,
and(c)
the interest in land has increased in value during the loan
period.(2)
The value, at the material time, of the property obtained as a result
of or in connection with the person’s criminal conduct is to be taken to be the amount found using the following formula—where—
A is the amount of the loan;
B is the value of the interest in land at the time it was purchased;
C is the amount by which the interest in land has increased in value between that time and the end of the loan period.
(3)
The value of the interest in land at the beginning and end of the
loan period is to be found in accordance with section 227.(4)
If the loan period ends before the material time, the amount found
under subsection (2) is to be adjusted to take account of changes in the value of money between the end of the loan period and the material time.(5)
In this section—
“
the loan period” is the period between the time when the loan
is obtained and the earlier of—(a)
the time when the principal, and any interest due, is
repaid, and(b)
the material time;
“
the material time” is the time the court makes its decision.”
Section 228 of the Proceeds of Crime Act 2002 (value of property obtained
from conduct) is amended as follows.
“(3A)
Where the person no longer holds the property obtained because
it has been sold, the value of the property at the material time is the greater of the following—(a)
the proceeds of the sale, adjusted to take account of later
changes in the value of money;(b)
the value (immediately before the sale) of the property,
adjusted to take account of later changes in the value of money.(3B)
Where the person no longer holds the property obtained because
it has been destroyed by virtue of a court order under section 199(2)(e) or section 215AA (orders for destruction of cryptoassets), the value of the property at the material time is the market value of the property as set out in the court order, adjusted to take account of later changes in the value of money.(3C)
For the purposes of subsection (3A) (a) , if the proceeds of the sale
are in a currency other than sterling, they must be taken to be the sterling equivalent calculated in accordance with the rate of exchange prevailing at the end of the day of the sale.”
In subsection (4), after “(2)(a) and (b)” insert “and subsection (3A) (b)”.
The Proceeds of Crime Act 2002 is amended as follows.
In section 163 (effect of confiscation order on court’s other powers)—
in subsection (3)(a), for “an order under Article 14” to the end
substitute “a priority order”;
“(3A)
In this section “priority order” means either of the
following—(a)
an order for the payment of compensation under
Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (compensation orders);(b)
a slavery and trafficking reparation order under
Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (slavery and trafficking reparation orders).”;
“(5)
Where a court makes a confiscation order or priority order
the effect of which is that subsection (6) applies, the court making that order must also make a priority payment direction.(6)
This subsection applies if, in the same proceedings (see
section 233 for the meaning of “proceedings”) the following are made against the same person—(a)
a confiscation order, and
(b)
one or more priority orders.
(7)
A “priority payment direction” is a direction that any amount
payable under the priority order (or orders) that remains unpaid when any sum is recovered under the confiscation order is to be paid out of that sum.”
In section 169 (no order made: reconsideration of case), omit subsection
(8).
In section 170 (no order made: reconsideration of benefit), omit subsection
(12).
In section 171 (order made: reconsideration of benefit)—
in subsection (9), omit paragraph (c);
omit subsection (10).
In section 172 (order made: reconsideration of available amount)—
in subsection (5), omit paragraph (c);
omit subsection (6).
“(5)
If a priority payment direction was made under section 163(5), the
chief clerk must next apply the sums in payment of any amounts payable under the priority order (or orders) that remain unpaid.(5A)
In a case in which there is more than one priority order the sums
are to be applied in the order in which the priority orders were made, starting with the earliest of them.”
The Proceeds of Crime Act 2002 is amended as follows.
“165A Timing of confiscation proceedings and effect on sentencing
(1)
This section applies where the court sentences the defendant for
the offence (or any of the offences) concerned before it proceeds under section 156.(2)
In sentencing the defendant for the offence (or any of the offences)
concerned the court must not—(a)
impose a fine on the defendant,
(b)
make an order falling within section 163(3)(a),
(c)
make an order falling within section 163(3)(b), (c) or (d) other
than any such order made in respect of property that has little or no market value at the time of sentencing,(d)
make an order for the payment of compensation under
Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)).(3)
The court must draw up a timetable for the proceedings under
section 156 before the end of the hearing at which it sentences the defendant for the offence (or, where there is more than one, the last offence) concerned.(4)
The court may revise a timetable drawn up under subsection (3) .
(5)
Section 156 has effect as if the defendant’s particular criminal
conduct included conduct which constitutes offences which the court has taken into consideration in deciding the defendant’s sentence for the offence or offences concerned.(6)
The court may, after the conclusion of the proceedings under section
156, vary the sentence by—(a)
imposing a fine on the defendant,
(b)
making an order falling within section 163(3),
(c)
making an order for the payment of compensation under
Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (SI 1994/2795 (N.I. 15)).(7)
But the court may proceed under subsection (6) only within the
period of 56 days beginning with the day on which the court—(a)
makes a confiscation order under section 156, or
(b)
decides not to make such an order.
(8)
For the purposes of—
(a)
section 16(1) of the Criminal Appeal (Northern Ireland) Act
1980 (time limit for notice of appeal or of application for leave to appeal), and(b)
paragraph 1 of Schedule 3 to the Criminal Justice Act 1988
(time limit for notice of application for leave to refer a case under section 36 of that Act),the sentence must be regarded as imposed or made on the day on which it is varied under subsection (6) .”
Omit sections 164 and 165 (postponement of confiscation proceedings).
The Proceeds of Crime Act 2002 is amended as follows.
“(7A)
But the court may, if it believes it is appropriate to do so, decide
any question arising under subsection (4) or (5) in accordance with an agreement reached by the prosecutor and defendant at an EROC meeting as mentioned in section 165B (3) (a) .”
“165B Early resolution meeting
(1)
This section applies where—
(a)
the Crown Court is proceeding under section 156, and
(b)
the court directs that an early resolution of confiscation
meeting (an “EROC meeting”) is to be held.(2)
Before the court proceeds as mentioned in subsection (4) of section
156 (making of order) the prosecutor and the defendant (or the defendant’s legal representative) must attend an EROC meeting.(3)
An EROC meeting is a meeting held with a view to the prosecutor
and defendant—(a)
reaching agreement on the question whether a confiscation
order is required to be made against the defendant and, if so, on the amount required to be paid by the defendant under the confiscation order, or(b)
in a case where agreement as mentioned in paragraph (a) is
not reached, identifying the questions to be decided by the court in proceeding under section 156 on which they disagree.(4)
A direction under subsection (1) (b) —
(a)
may be given by the court on application by the prosecutor
or of its own motion;(b)
may require or permit the attendance at an EROC meeting
of—(i)
any person who it appears to the court holds, or may
hold, an interest in key property;(ii)
an accredited financial investigator;
(iii)
any other person that the court considers appropriate.
(5)
A direction under subsection (1) (b) may be varied or revoked by
the court on application by the prosecutor or of its own motion.(6)
Key property is property held by the defendant that the court
believes will need to be realised or otherwise used to satisfy any confiscation order that may be made.165C Early resolution hearing
(1)
Following an EROC meeting, the court must hold an EROC hearing
if—(a)
the prosecutor and defendant did not reach agreement as
mentioned in section 165B (3) (a) , or(b)
the prosecutor and defendant did reach agreement, but the
court decided not to make a confiscation order under section 156 requiring the defendant to pay the amount agreed.(2)
An “EROC hearing” is a hearing for the court to consider the next
steps in the section 156 proceedings.(3)
In this section “EROC meeting” has the meaning given by section
165B .”
The Proceeds of Crime Act 2002 is amended as follows.
“171A Order made: reconsideration of benefit on decrease in value and
sale etc(1)
This section applies if—
(a)
a court has made a confiscation order,
(b)
there is relevant property,
(c)
an application to proceed under this section is made to the
Crown Court by—(i)
the prosecutor, or
(ii)
a receiver appointed under section 198, and
(d)
the applicant believes that if the court were to make a new
calculation of the defendant’s benefit and in doing so applied section 171(3) to (6), the amount found would not exceed the amount that would be found if the court were to make a new calculation of the defendant’s benefit under subsection
(4) .(2)
For the purposes of this section, property is “relevant property” if
the property was obtained by the defendant as a result of or in connection with the conduct concerned and—(a)
it was held by the defendant when the relevant amount was
calculated, but(b)
it is no longer held by the defendant because it has been—
(i)
sold, or
(ii)
destroyed by virtue of a court order under section
199(2)(e) or section 215AA (orders for the destruction of cryptoassets).(3)
In a case where this section applies, the court must determine
whether A is less than B, where—“
B” is the total of the values at which that property was taken
into account when the relevant amount was calculated, adjusted to take account of changes in the value of money since it was calculated.(4)
If A is less than B, the court must make a new calculation of the
defendant’s benefit by—(a)
adjusting the relevant amount to take account of changes in
the value of money since it was calculated, and(b)
deducting from that adjusted amount the amount by which
A is less than B.(5)
Subsection (6) applies where—
(a)
the court makes a new calculation of the defendant’s benefit
under subsection (4) , and(b)
the court determines that C is less than D, where—
“
C” is the amount that, if it was adjusted to take account
of changes in the value of money since the amount required to be paid was last determined, would give the amount found under the new calculation of the defendant’s benefit, and“
D” is the amount required to be paid under the order.(6)
The court must vary the order by substituting C for the amount
required to be paid.(7)
The variation of the order under subsection (6) does not—
(a)
affect the defendant’s liability to pay any interest which was
payable under section 162 for a period before the variation of the order but which had not been paid at the time of the variation, or(b)
give rise to any obligation to refund any amount already
paid by the defendant under the order.(8)
The relevant amount is—
(a)
the amount found as the defendant’s benefit for the purposes
of the confiscation order, or(b)
if one or more new calculations of the defendant’s benefit
have been made under section 171 or this section, the amount found on the occasion of the last such calculation.”
In section 171 (order made: reconsideration of benefit)—
“(11A)
Section 161 applies in relation to a confiscation order when
it is varied under this section as it applies in relation to a confiscation order when it is made (reading references to the making of the order as references to the varying of the order and references to the day on which the order is made as references to the day on which the order is varied).(11B)
Where section 162 applies in relation to a confiscation order
that has been varied under this section, the reference in section 162(3)(c) to the day on which the order was made is to be read as a reference to the day on which the order was varied.”;
in subsection (13)—
in paragraph (a), for “if this section has not applied
previously;” substitute “or”;
“(b)
if one or more new calculations of the
defendant’s benefit have been made under this section or section 171A, the amount found on the occasion of the last such calculation.”
In section 172 (order made: reconsideration of available amount)—
“(7A)
Section 161 applies in relation to a confiscation order when
it is varied under this section as it applies in relation to a confiscation order when it is made (reading references to the making of the order as references to the varying of the order and references to the day on which the order is made as references to the day on which the order is varied).(7B)
Where section 162 applies in relation to a confiscation order
that has been varied under this section, the reference in section 162(3)(c) to the day on which the order was made is to be read as a reference to the day on which the order was varied.”;
in subsection (9), in paragraph (b), after “section 171” insert “or 171A ”.
In section 188 (reconsideration etc: variation of prison term), in subsection
(1)(a), after “171,” insert “
171A
,”.
The Proceeds of Crime Act 2002 is amended as follows.
“174A Provisional discharge of order
(1)
This section applies if—
(a)
a court has made a confiscation order, and
(b)
the relevant two-year period has ended.
(2)
The Crown Court may, of its own motion or on an application made
by a person listed in subsection (3) , discharge the confiscation order on a provisional basis if the court considers that it is in the interests of justice to do so.(3)
The persons are—
(a)
the prosecutor;
(b)
a receiver appointed under section 198.
(4)
In deciding whether it is in the interests of justice to discharge a
confiscation order on a provisional basis the court must, in particular, take into account—(a)
any amount that the defendant has already paid under the
confiscation order;(b)
the extent to which the amount that remains to be paid under
the order represents interest payable under section 162;(c)
any steps that have already been taken in relation to the
enforcement of the order;(d)
the extent to which there are reasonable steps (or further
reasonable steps) that could be taken in relation to the enforcement of the order;(e)
the amount that the court considers would be recovered if
all such reasonable steps (or further reasonable steps) were to be taken.(5)
The court may discharge a confiscation order on a provisional basis
even though the court does not consider that doing so is best calculated to further the principal objective (see section 155A (4) ).(6)
Where an application under this section is refused, a further
application in relation to the confiscation order concerned may only be made—(a)
after the end of the period of two years beginning with the
date of the refusal, or(b)
before the end of that period, with the leave of the court.
(7)
There is no right of appeal against a decision of the court under
this section to discharge, or not to discharge, a confiscation order on a provisional basis.(8)
In subsection (1) , the “relevant two-year period” means the period
of two years beginning with—(a)
the day on which the confiscation order was made, or
(b)
in a case where the order has been varied under this Part,
the day on which the order was varied.174B Effect of provisional discharge and revocation of discharge
(1)
This section applies where a confiscation order has been discharged
under section 174A on a provisional basis.(2)
The order is to be treated as satisfied subject to the rest of this
section.(3)
The provisional discharge of the order does not prevent the making
of an application in respect of the order under section 171, 171A , 172 or 173.(4)
Where, on an application under any of those provisions, the court
varies the order, the court may also revoke the provisional discharge of the order.(5)
The Crown Court may, on an application made by a person listed
in subsection (6) , revoke the provisional discharge of the order if the court considers that it is in the interests of justice to do so.(6)
The persons are—
(a)
the prosecutor;
(b)
a receiver appointed under section 198.
(7)
In deciding whether it is in the interests of justice to revoke the
provisional discharge of a confiscation order the court must, in particular, take into account the matters listed in section 174A (4) .(8)
Where the court revokes the provisional discharge of a confiscation
order under this section—(a)
the order is, from the time of the revocation, no longer to
be treated as satisfied, and(b)
accordingly—
(i)
from that time the proceedings against the defendant
are to be treated as not having been concluded (see section 233(5)(a)), and(ii)
any interest which was payable under section 162 for
a period before the provisional discharge of the order but which had not been paid at the time of the provisional discharge becomes payable.(9)
Where the court revokes the provisional discharge of an order under subsection (5) , section 161 applies in relation to any part of the
amount ordered to be paid under the order that had not been paid when the order was provisionally discharged as it applies in relation to the full amount ordered to be paid under a confiscation order when it is made.(10)
Where section 161 applies as mentioned in subsection (9) , references
in that section to the making of the order are to be read as references to the revocation of the provisional discharge of the order and references to the day on which the order is made as references to the day on which the provisional discharge of the order is revoked.(11)
Where section 162 applies in relation to a confiscation order
following the revocation of a provisional discharge of the order under subsection (5) , the reference in section 162(3)(c) to the day on which the order was made is to be read as a reference to the day on which the provisional discharge of the order was revoked(12)
There is no right of appeal against a decision of the court under
this section to revoke, or not to revoke, the provisional discharge of a confiscation order.174C Financial status orders
(1)
This section applies where—
(a)
the Crown Court has decided of its own motion to consider
whether to discharge a confiscation order on a provisional basis,(c)
the court has discharged a confiscation order on a provisional
basis and an application has been made under section 171, 171A , 172 or 173.(2)
The court may order the defendant to give the court, before the end
of the period specified in the order—(a)
any information about the defendant’s assets and other
financial circumstances, and(b)
any documentary or other evidence in support of that
information,
In the italic heading before section 169, at the end insert “and discharge”.
The Proceeds of Crime Act 2002 is amended as follows.
“Measures to promote effectiveness of confiscation orders
163ZA Enforcement plans
(1)
This section applies where a court makes a confiscation order.
(2)
On making the confiscation order, the court must also prepare an
enforcement plan for the order if—(a)
there are reasonable grounds to believe that the defendant
might default on the confiscation order for any reason, or(b)
the court otherwise believes it is appropriate to do so for
the purpose of ensuring that the confiscation order is effective.(3)
An enforcement plan for a confiscation order is a document setting
out drafts of one or more orders that the court considers the Crown Court could make in the event that the defendant defaults on the confiscation order.(4)
For the purposes of this section and section 163ZB —
(a)
the defendant defaults on a confiscation order if the
defendant fails to pay the amount required to be paid under the order on or before the due date;(b)
the “due date”, in relation to a confiscation order, means—
(i)
in a case where no period is specified under section
161(2), the day on which the confiscation order is made, or(ii)
in a case where one or more periods is so specified,
the final day of the specified period that ends last (including any such period as extended under section 161(4)).(5)
Where the court making the confiscation order is the Court of
Appeal (see section 215E (4) (b) (i) (appeals)), on making the order the Court of Appeal may direct that the Crown Court is to carry out the duties under this section as if the Crown Court had made the order.163ZB Enforcement plan: initial enforcement hearing
(1)
This section applies where an enforcement plan is prepared for a
confiscation order.(2)
The Crown Court must set a date for a hearing to take place in the
event that the defendant defaults on the confiscation order, and that date must be the first date then available to the court after the due date (see section 185A for provision about this hearing).(3)
If an order is made under section 161(4) as a result of which the
due date in relation to the confiscation order changes, the court must reset the date for the hearing to the first date then available to the court after the new due date.”
In section 163A (compliance orders), in subsection (1) at the end insert
“(whether or not the court also prepares an enforcement plan under
section
163ZA
)”.
“185A Confiscation order with enforcement plan: initial enforcement
hearing(1)
This section applies where—
(a)
a court has prepared an enforcement plan for a confiscation
order (see section 163ZA ), and(b)
the defendant defaults on the confiscation order (within the
meaning given by section 163ZA (4) ).(2)
If the condition in subsection (4) is met the court must, at the initial
enforcement hearing, make an order or orders in the terms that were set out in draft in the enforcement plan (the “initial enforcement orders”).(3)
If that condition is not met the court must, at that hearing, consider
what other steps to take for the purpose of enforcing the confiscation order.(4)
The condition is that the court believes that—
(a)
the proceeds of the realisation of property pursuant to the
initial enforcement orders would be less than or equal to the amount remaining to be paid under the confiscation order, and(b)
the interests of justice do not require any initial enforcement
order not to be made.(5)
In this section “the initial enforcement hearing” means the hearing
held pursuant to section 163ZB .”
“185B Power to compel defendant to attend court for enforcement
purposes(1)
This section applies if a court has made a confiscation order.
(2)
The Crown Court may, for any purpose in connection with the
enforcement of the order—(a)
issue a summons requiring the defendant to appear before
the court at the time and place appointed in the summons, or(b)
issue a warrant to arrest the defendant and bring them before
the court.(3)
On the failure of the defendant to appear before the Crown Court
in answer to a summons issued under subsection (2) (a) , the court may issue a warrant to arrest them and bring them before the court.(4)
A magistrates’ court may, for any purpose in connection with
exercising its powers under section 215, 215ZA, 215A or 215AA—(a)
issue a summons requiring the defendant to appear before
the court at the time and place appointed in the summons, or(b)
issue a warrant to arrest the defendant and bring them before
the court.(5)
On the failure of the defendant to appear before the court in answer
to a summons issued under subsection (4) (a) , the court may issue a warrant to arrest them and bring them before the court.”
“185C Financial status orders
(1)
This section applies if a court has made a confiscation order.
(2)
The Crown Court may order the defendant to give the court, before
the end of the period specified in the order—(a)
any information about the defendant’s assets and other
financial circumstances, and(b)
any documentary or other evidence in support of that
information,that the court may require in connection with the enforcement of the confiscation order.”
“185D Confiscation assistance advisers
(1)
This section applies if a court has made a confiscation order.
(2)
The Crown Court may appoint any person the court thinks
appropriate to advise and assist the defendant in satisfying the confiscation order.(3)
But a person may only be appointed under subsection (2) with the
person’s consent.”
The Proceeds of Crime Act 2002 is amended as follows.
In section 215 (money)—
in subsection (5), for “a magistrates’ court” substitute “the relevant
court”;
in subsection (5B), for “a magistrates’ court” substitute “the relevant
court”;
in subsection (6)(a), for “magistrates’ court” substitute “relevant
court”;
in subsection (8), after the definition of “payment institution”,
““ the Crown Court, where— the court that made the confiscation order on the Crown Court has not, at the time of or a magistrates’ court, in any other case.”
insert—
the relevant court” means—
(a)
(i)
doing so also prepared an enforcement plan
for the confiscation order (see
section 163ZA
) or determined that the Crown Court should
be responsible for exercising the powers in
this section, and
(ii)
since the preparation of the plan or since the
determination of responsibility as mentioned
in sub-paragraph (i), made an order
determining that a magistrates’ court should
be responsible for exercising the powers in
this section;
(b)
In section 215ZA (cryptoassets)—
in subsection (3), in the words before paragraph (a), for “A
magistrates’ court” substitute “The relevant court”;
in subsection (6), for “a magistrates’ court” substitute “the relevant
court”;
in subsection (7)—
in paragraph (a), for “magistrates’ court” substitute “relevant
court”;
in paragraph (b), for “the court” substitute “a magistrates’
court”;
“(10)
In this section “the relevant court” has the meaning given
by section 215(8), but as if references in the definition to the powers in section 215 were references to the powers in this section.”
In section 215A (seized personal property)—
in subsection (3), for “a magistrates’ court” substitute “the relevant
court”;
“(3A)
In subsection (3) “the relevant court” has the meaning given
by section 215(8), but as if references in the definition to the powers in section 215 were references to the power in this section.”
In section 215AA (destruction of seized cryptoassets)—
in subsection (2), for “A magistrates’ court” substitute “The relevant
court”;
“(2A)
In subsection (2) “the relevant court” has the meaning given
by section 215(8), but as if references in the definition to the powers in section 215 were references to the power in this section.”
In section 215B(1) (costs of storage and realisation), for “a magistrates’
court” substitute “a court”.
In section 217(2A) (powers of court and receiver etc), in paragraph (c) for
“a magistrates’ court” substitute “a court”.
The Proceeds of Crime Act 2002 is amended as follows.
In section 189 (conditions for exercise of power to make restraint order)—
“(1)
Section 190 (power to make a restraint order) applies if—
(a)
any of the first to fifth conditions is satisfied (see
subsections (2) to (6)), and(b)
there is a real risk that relevant realisable property
held by any person will be dissipated unless the High Court exercises the powers conferred by section 190 in relation to that property.(1A)
For the purposes of this section—
(a)
“relevant realisable property” is realisable property
that could be used for the purpose of satisfying any confiscation order that has been or may be made against the defendant;(b)
a reference to relevant realisable property being
“dissipated” is to it ceasing to be available for that purpose.(1B)
In determining for the purposes of subsection (1) (b) whether
there is a real risk of relevant realisable property being dissipated, the court must, in particular, have regard to the following—(a)
the nature of the relevant realisable property;
(b)
the extent to which any person has taken steps with
a view to relevant realisable property being dissipated;(c)
any circumstances of a person who holds the relevant
realisable property that may affect the ease with which they would be able to secure the dissipation of the property;(d)
any evidence of such a person’s character;
(e)
the nature of the defendant’s criminal conduct;
(f)
the amount by which the defendant is suspected or
believed to have benefited from their criminal conduct;(g)
the stage of the proceedings for an offence against
the defendant.”
In section 190(1) (power to make restraint order), for “If any condition set
out in section 189 is satisfied” substitute “In a case where this section applies
(see section 189),”.
The Proceeds of Crime Act 2002 is amended as follows.
In section 190 (restraint orders), in subsection (4), for the words before
paragraph (a) substitute “Section
190ZA
applies to an exception to a restraint
order if the exception makes provision for any reasonable legal expenses
which—”.
“190ZA Exception for legal expenses in respect of offence with which
confiscation proceedings concerned(1)
Where the court makes an exception to a restraint order under
section 190(3) to which this section applies, it must ensure that the exception—(a)
is limited to legal expenses that the specified person has
reasonably incurred or that the person reasonably incurs,(b)
specifies the total amount that may be released for legal
expenses in pursuance of the exception, and(c)
is made subject to the required conditions (in addition to
any conditions imposed under section 190(3)(c)).(2)
The Department of Justice in Northern Ireland may by regulations
specify the required conditions for the purposes of subsection (1) .(3)
A required condition may, in particular—
(a)
restrict who may receive sums released in pursuance of the
exception (by, for example, requiring released sums to be paid to professional legal advisers), or(b)
be made for the purpose of controlling the amount of any
sum released in pursuance of the exception in respect of an item of expenditure.(4)
A required condition made for the purpose mentioned in subsection
(3) (b) may, for example, provide for a sum to be released in respect
of an item of expenditure only if—(a)
the court has assessed the amount allowed by the regulations
in respect of that item, and(b)
the sum is released for payment of the assessed amount.
(5)
For the purposes of subsection (4) , the regulations may, in particular,
make provision—(a)
limiting the amount of remuneration allowable to
representatives for a unit of time worked;(b)
limiting the total amount of remuneration allowable to
representatives for work done in connection with proceedings or a step in proceedings;(c)
limiting the amount allowable in respect of an item of
expenditure incurred by a representative or incurred, otherwise than in respect of the remuneration of a representative, by a party to proceedings.(6)
Before making regulations under this section, the Department of
Justice must consult such persons as the Department of Justice considers appropriate.”
In section 190 of the Proceeds of Crime Act 2002 (restraint orders)—
“(3A)
In making an exception to a restraint order that makes
provision for reasonable living expenses the court must, in particular, have regard to the following—(a)
the period for which the restraint order is to have
effect;(b)
the specified person’s applicable standard of living
(see subsection (10) );(c)
the specified person’s means;
(d)
the value of relevant realisable property held by the
specified person in relation to the amount that the defendant is, or is likely to be, required to pay under a confiscation order;(e)
the extent to which expenditure by the specified
person is necessary or desirable for the purpose of improving or maintaining the value of relevant realisable property held by them.”;
“(10)
In this section—
“
applicable standard of living”, in relation to a specified
person, means—(a)
the person’s standard of living immediately
before the making of the restraint order, or(b)
in a case where there is reasonable cause to
believe that the person enjoys a higher standard of living as a result of criminal activity, the standard of living that the person would enjoy but for that activity;“
relevant realisable property” has the same meaning as
in section 189.”
The Proceeds of Crime Act 2002 is amended as follows.
In section 190 (restraint orders)—
in subsection (7A), for “and (7C)” substitute “to (7CA)”;
“(7CA)
In determining for the purposes of subsection (7B)(b) whether
proceedings for the offence have not started within a reasonable time, the court must, in particular, have regard to the following—(a)
the length of time that has passed since the making
of the restraint order;(b)
the reasons given by the prosecutor for proceedings
not having started within that time;(c)
the length and complexity of the criminal
investigation, both before and after the making of the restraint order;(d)
the extent to which the matters subject to that
investigation include matters arising abroad;(e)
the length and complexity of the potential
proceedings;(f)
the nature of the restraint order (for example, the
extent of the property to which it relates);(g)
the impact of the restraint order on any person
affected by the order.”
In section 191 (restraint orders: application, discharge and variation), after In determining for the purposes of subsection (7)(a) whether the length of time that has passed since the making of the the reasons given by the prosecutor for proceedings not the length and complexity of the criminal investigation, both the extent to which the matters subject to that investigation the length and complexity of the potential proceedings; the nature of the restraint order (for example, the extent of the impact of the restraint order on any person affected by
subsection (7) insert—
“(7A)
proceedings for the offence have not started within a reasonable
time, the court must, in particular, have regard to the following—
(a)
restraint order;
(b)
having started within that time;
(c)
before and after the making of the restraint order;
(d)
include matters arising abroad;
(e)
(f)
the property to which it relates);
(g)
the order.”
“191A Restraint orders: effect of conviction
(1)
In making or varying a restraint order at any time after the
defendant’s conviction for an offence, the High Court must have regard, in particular, to—(a)
the fact of the defendant’s conviction, and
(b)
whether either or both of the following has or have been, or
is or are likely to be, made against the defendant—(i)
an order for the payment of compensation under
Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15));(ii)
a slavery and trafficking reparation order under
Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.(2)
(a)
the High Court makes a restraint order at a time when the
defendant has not been convicted of an offence, and(b)
the defendant is subsequently convicted of an offence at a
time when the order remains in force.(3)
If the restraint order is subject to an exception made under section
190(3), the High Court must review the appropriateness of the exception having regard, in particular, to the matters mentioned in subsection (1) .(4)
Following that review the court may vary the restraint order,
whether or not an application has been made under section 191(3).”
The Proceeds of Crime Act 2002 is amended as follows.
In section 196 (appointment of management receiver)—
“(1A)
Subsection (2) also applies if—
(a)
a magistrates’ court has made a further detention
order, and(b)
an application is made to the High Court to proceed
under subsection (2) by—(i)
the prosecutor, or
(ii)
an accredited financial investigator.”;
in subsection (2), after “restraint order” insert “or (as the case may
be) further detention order”;
“(3)
For the purposes of this section and section 197, a “further
detention order” is an order made in relation to property under section 195M (further detention of property detained under section 195J).”
In section 197 (powers of management receiver)—
in subsection (1), after “restraint order” insert “or (as the case may
be) further detention order (referred to in this section as the “relevant
order”)”;
in subsections (2), (5) and (6)(a), for “restraint order” substitute
“relevant order”.
In section 211 (discharge and variation), in subsection (3)(a), after “section
189” insert “or 195B”.
“Appeals
215E Appeals in relation to confiscation orders
(1)
If the Crown Court makes a confiscation order, the prosecutor may
appeal to the Court of Appeal in respect of the order.(2)
If the Crown Court decides not to make a confiscation order, the
prosecutor may appeal to the Court of Appeal against the decision.(3)
On an appeal under subsection (1) the Court of Appeal—
(a)
may confirm, vary or quash the confiscation order, and
(b)
if it quashes the order, may direct the Crown Court to
proceed afresh under section 156.(4)
On an appeal under subsection (2) the Court of Appeal—
(a)
may confirm the decision, or
(b)
if it believes that the decision was wrong, may—
(i)
itself proceed under section 156 (ignoring subsections
(1) to (3)), or(ii)
direct the Crown Court to proceed afresh under that
section.(5)
An appeal lies to the Supreme Court from a decision of the Court
of Appeal on an appeal under this section, at the instance of the defendant or the prosecutor.(6)
On an appeal from a decision of the Court of Appeal to confirm,
vary or make a confiscation order the Supreme Court may confirm, vary or quash the order.(7)
On an appeal from a decision of the Court of Appeal to confirm
the decision of the Crown Court not to make a confiscation order, or from a decision of the Court of Appeal to quash a confiscation order, the Supreme Court may—(a)
confirm the decision, or
(b)
direct the Crown Court to proceed afresh under section 156
if it believes the decision was wrong.(8)
In proceeding afresh under section 156 pursuant to this section, the
Crown Court must comply with any directions the Court of Appeal or (as the case may be) the Supreme Court may make.215F Appeals under section 215E: supplementary
(1)
This section applies if a court makes or varies a confiscation order
pursuant to section 215E .(2)
The court must—
(a)
have regard to any fine imposed on the defendant in respect
of the offence (or any of the offences) concerned;(b)
have regard to any order which falls within section 163(3)
and has been made against the defendant in respect of the offence (or any of the offences) concerned, unless the order has already been taken into account by a court in deciding what is the free property held by the defendant for the purposes of section 159.(3)
Subsections (4) to (9) apply if a court makes a confiscation order
pursuant to section 215E .(4)
If a court has already sentenced the defendant for the offence (or
any of the offences) concerned, section 156 has effect as if the defendant’s particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding the defendant’s sentence for the offence or offences concerned.(5)
If an order falling with subsection (6) has been made against the
defendant in respect of the offence (or any of the offences) concerned the court must have regard to the order.(6)
These orders fall within this subsection—
(a)
an order for the payment of compensation under Article 14
of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15));(b)
a slavery and trafficking reparation order under Schedule 2
to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.(7)
Section 158(2) does not apply, and the rules applying instead are
that the court must—(a)
take account of conduct occurring before the relevant date;
(b)
take account of property obtained before that date;
(c)
take account of property obtained on or after that date if it
was obtained as a result of or in connection with conduct occurring before that date.(8)
In section 160—
(a)
the first and second assumptions do not apply with regard
to property first held by the defendant on or after the relevant date;(b)
the third assumption does not apply with regard to
expenditure incurred by the defendant on or after that date;(c)
the fourth assumption does not apply with regard to
property obtained (or assumed to have been obtained) by the defendant on or after that date.(9)
Section 176 applies as it applies in the circumstances mentioned in
subsection (1) of that section.(10)
For the purposes of this section, “the relevant date” is—
(a)
in a case where the Crown Court made a confiscation order
which was quashed by the Court of Appeal, the date on which the Crown Court made the order;(b)
in any other case, the date on which the Crown Court
decided not to make a confiscation order.215G Appeals in relation to section 160A determinations
(1)
If a court makes a determination under section 160A of the extent
of the defendant’s interest in property, the following may appeal to the Court of Appeal in respect of the determination—(a)
the prosecutor;
(b)
the defendant, if subsection (2) applies;
(c)
a person who the Court of Appeal believes is or may be a
person holding an interest in the property, if subsection (2) applies.(2)
This subsection applies if—
(a)
the defendant or (as the case may be) the person within subsection (1) (c) was not given a reasonable opportunity to
make representations when the determination was made, or(b)
it appears to the Court of Appeal to be arguable that giving
effect to the determination would result in a serious risk of injustice to the defendant or that other person.(3)
But there is no right of appeal for the defendant or a person within subsection (1) (c) if—
(a)
the Court of Appeal believes that an application under
section 198 is to be made by the prosecutor for the appointment of a receiver,(b)
such an application has been made but not yet determined,
or(c)
a receiver has been appointed under section 198.
(4)
On an appeal under this section the Court of Appeal may—
(a)
confirm the determination, or
(b)
make such order as it believes is appropriate.
(5)
An appeal lies to the Supreme Court from a decision of the Court
of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings on the appeal.(6)
On an appeal under subsection (5) the Supreme Court may—
(a)
confirm the decision of the Court of Appeal, or
(b)
make such order as it believes is appropriate.
215H Appeals in relation to compliance orders
(1)
If, on an application under section 163A(3)(b), the Crown Court
decides not to make a compliance order, the prosecutor may appeal to the Court of Appeal against the decision.(2)
If the Crown Court decides to make, discharge or vary a compliance
order, the following persons may appeal to the Court of Appeal in respect of the decision—(a)
the prosecutor;
(b)
the defendant;
(c)
any other person affected by the order.
(3)
On an appeal under subsection (1) or (2) the Court of Appeal may—
(a)
confirm the decision, or
(b)
make such order as it believes is appropriate.
(4)
An appeal lies to the Supreme Court from a decision of the Court
of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings on the appeal.(5)
On an appeal under subsection (4) the Supreme Court may—
(a)
confirm the decision of the Court of Appeal, or
(b)
make such order as it believes is appropriate.
(6)
In this section “compliance order” means an order made under
section 163A.215I Appeals in relation to variations of confiscation order
(1)
If the Crown Court makes an order under section 171, 172 or 173
varying a confiscation order, the prosecutor may appeal to the Court of Appeal in respect of the order.(2)
For the defendant’s right of appeal where the Crown Court makes
an order under section 171 or 172, see section 30(3)(e) of the Criminal Appeal (Northern Ireland) Act 1980 (the effect of which is that, for the purposes of the appeal rights conferred by that Act, any such order forms part of the defendant’s sentence).(3)
On an appeal under subsection (1) the Court of Appeal—
(a)
may confirm, vary or quash the order concerned, and
(b)
if it quashes the order, may direct the Crown Court to
proceed afresh under section 171, 172 or 173.(4)
An appeal lies to the Supreme Court from a decision of the Court
of Appeal on an appeal under this section, at the instance of the defendant or the prosecutor.(5)
On an appeal from a decision of the Court of Appeal to confirm or
vary the order concerned the Supreme Court may confirm, vary or quash the order.(6)
On an appeal from a decision of the Court of Appeal to quash the
order concerned the Supreme Court may—(a)
confirm the decision of the Court of Appeal, or
(b)
direct the Crown Court to proceed afresh under section 171,
172 or 173 if it believes the decision was wrong.(7)
In proceeding afresh pursuant to this section, the Crown Court must
comply with any directions the Court of Appeal or (as the case may be) the Supreme Court may make.215J Appeals in relation to restraint orders
(1)
If, on an application under section 191 for a restraint order, the
High Court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.(2)
If an application is made under section 191(3) in relation to a
restraint order or an order under section 190(7), the following may appeal to the Court of Appeal in respect of the High Court’s decision on the application—(a)
the person who applied for the order;
(b)
any person affected by the order.
(3)
On an appeal under subsection (1) or (2) the Court of Appeal may—
(a)
confirm the decision, or
(b)
make such order as it believes is appropriate.
(4)
An appeal lies to the Supreme Court from a decision of the Court
of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal.(5)
On an appeal under subsection (4) the Supreme Court may—
(a)
confirm the decision of the Court of Appeal, or
(b)
make such order as it believes is appropriate.
215K Appeals in relation to management and enforcement receivers
(1)
If, on an application for an order under any of sections 196 to 199
or 210, the High Court or, as the case may be, the Crown Court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.(2)
If the High Court or the Crown Court makes an order under any
of sections 196 to 199 or 210, any of the following may appeal to the Court of Appeal in respect of the order—(a)
the person who applied for the order;
(b)
any person affected by the order;
(c)
if the order was made under section 210, the receiver.
(3)
The following may appeal to the Court of Appeal against a decision
of the High Court or the Crown Court on an application under section 211—(a)
the person who applied for the order in respect of which
the application was made;(b)
any person affected by the court’s decision;
(c)
the receiver.
(4)
On an appeal under this section the Court of Appeal may—
(a)
confirm the decision, or
(b)
make such order as it believes is appropriate.
(5)
An appeal lies to the Supreme Court from a decision of the Court
of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal.(6)
On an appeal under subsection (5) the Supreme Court may—
(a)
confirm the decision of the Court of Appeal, or
(b)
make such order as it believes is appropriate.
215L Appeals in relation to realisation etc of seized property
(1)
If the relevant court decides not to make an order under section
215ZA(3), 215A(3) or 215AA(2), an appropriate officer may appeal against the decision to the appropriate appellate court.(2)
If the relevant court makes an order under 215ZA(3), 215A(3) or
215AA(2), a person affected by the order may appeal in respect of the order to the appropriate appellate court, but only if conditions 1 and 2 are met (and see subsection (5) ).(3)
Condition 1 is met if no determination under section 160A has been
made in relation to the case.(4)
Condition 2 is met if—
(a)
the person concerned was not given a reasonable opportunity
to make representations when the confiscation order was made, or(b)
it appears to the appropriate appellate court to be arguable
that not hearing the appeal would result in a serious risk of injustice to that person.(5)
A person holding the property to which the order under section
215ZA, 215A or (as the case may be) 215AA relates may not appeal under subsection (2) if there is a confiscation order made against them.(6)
An appropriate officer may appeal to the appropriate appellate court
against—(a)
a decision by the relevant court not to make a determination
under section 215B;(b)
a determination made by the relevant court under that
section.(7)
On an appeal under this section to the Court of Appeal it may—
(a)
confirm the decision, or
(b)
make such order as it believes is appropriate.
(8)
An appeal lies to the Supreme Court from a decision of the Court
of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal.(9)
On an appeal under subsection (8) the Supreme Court may—
(a)
confirm the decision of the Court of Appeal, or
(b)
make such order as it believes is appropriate.
(10)
In this section—
“
the appropriate appellate court” is—(a)
in a case where the relevant court is a magistrates’
court, the county court;(b)
in a case where the relevant court is the Crown Court,
the Court of Appeal;“
appropriate officer” has the same meaning as in section 190A.”
In section 233 (proceedings), in subsection (6)—
in paragraph (c)—
in paragraph (d)—
in paragraph (e)—
Omit—
section 163B (appeals against compliance orders);
sections 181 to 183 (appeals against confiscation orders);
sections 192 and 193 (restraint orders: appeals);
sections 213 and 214 (receivers: appeals);
section 215C (orders in relation to seized property: appeals).
In section 30 of the Criminal Appeal (Northern Ireland) Act 1980 (meaning
of sentence)—
in subsection (3), in paragraph (d), omit the words from “(but” to
the end;
“(5)
A determination made under section 160A of the Proceeds
of Crime Act 2002 is not a sentence for the purposes of this Act (see section 215G of that Act for rights of appeal in relation to such a determination).(6)
A compliance order made under section 163A of the Proceeds
of Crime Act 2002 is not a sentence for the purposes of this Act (see section 215H of that Act for rights of appeal in relation to such an order).”
In the Constitutional Reform Act 2005, in Schedule 9 (amendments relating
to jurisdiction of the Supreme Court), omit paragraph 77(6) and (7).
In the Serious Crime Act 2007, in Schedule 8 (abolition of Assets Recovery
Agency and its Director)—
omit paragraph 38;
omit paragraphs 50 and 51;
omit paragraph 65.
The Serious Crime Act 2015 is amended as follows.
Omit section 26 (appeals in relation to confiscation orders).
In Schedule 4 (minor and consequential amendments), omit paragraph 48.
The Human Trafficking and Exploitation (Criminal Justice and Support for
Victims) Act (Northern Ireland) 2015 is amended as follows.
In paragraph 3 of Schedule 2 (slavery and trafficking reparation orders)—
in sub-paragraph (6)—
for “174” substitute “174A”;
after “court” insert “provisionally”;
In Schedule 4 (minor and consequential amendments) omit paragraphs 13
to 15.
In section 32 of the Criminal Finances Act 2017 (reconsideration of
discharged orders), omit subsections (5) and (6).
In section 142 of the Proceeds of Crime Act 2002 (criminal lifestyle), in
subsection (2)—
after “benefited”, in the first place it occurs, insert “, or intended to
benefit,”;
in paragraph (a)—
for “three”, in both places it occurs, substitute “two”;
after “benefited” insert “or intended to benefit”;
in paragraph (b), after “benefited” insert “or intended to benefit”.
The amendments made by
sub-paragraph (1)
(a)
,
(b)
(ii)
and
(c)
do not apply
in relation to conduct that took place wholly or partly before the date on
which those provisions come into force.
The Proceeds of Crime Act 2002 is amended as follows.
“107A Increased available amount: compensation directions
(1)
This section applies where under section 107(3) a court varies a
confiscation order so as to increase the amount required to be paid under the order.(2)
The court may make a supplementary compensation direction if—
(a)
a compensation order has been made against the accused in
respect of the offence (or any of the offences) concerned, and(b)
at the time the compensation order was made, the amount
of the compensatable loss that had been sustained by the person in whose favour it was made was greater than the amount required to be paid by the compensation order.(3)
A supplementary compensation direction is a direction that so much
of the amount recovered under the confiscation order as the court considers appropriate is to be paid to the person in whose favour the compensation order was made.(4)
That amount must not exceed the difference between—
(a)
the amount of the compensatable loss that had been
sustained by the person at the time the compensation order was made, and(b)
the amount required to be paid to the person by the
compensation order,or so much of that difference as remains unpaid.
(5)
(6)
The court may make a compensation direction if—
(a)
at the time the confiscation order was made, a person was
known to the court to have sustained compensatable loss as a result of the offence (or any of the offences) concerned, but(b)
a compensation order has not been made against the accused
in respect of that compensatable loss.(7)
(8)
That amount must not exceed—
(a)
the amount of the compensatable loss that had been
sustained by the person as a result of the offence (or any of the offences) concerned at the time the confiscation order was made, or(b)
so much of that amount as remains unpaid.
(9)
(10)
In this section—
“
applicable maximum amount” means the maximum amount
of compensation (if any) that a compensation order made against the accused in respect of the offence (or offences) concerned could have required the accused to pay;“
compensatable loss” means personal injury, loss or damage
of a kind in respect of which a compensation order could have been made;“
compensation order” means a compensation order under
section 249 of the Procedure Act.”
“(6B)
If under section 107A (compensation directions) a direction was
made for an amount to be paid to a person, the clerk of court must next apply the sums in payment of that amount.”
Each relevant policing authority must maintain a barred persons list.
In this Schedule “relevant policing authority” means—
the British Transport Police Authority;
the Civil Nuclear Police Authority;
the Director General of the National Crime Agency;
the Secretary of State.
Each barred persons list must include such information in relation to a
person included in the list as is specified in regulations made by the
Secretary of State.
The Director General of the National Crime Agency must include a person
in the barred persons list maintained by them if—
the person ceases to be an NCA officer by virtue of being dismissed
at disciplinary proceedings, or
the person is a former NCA officer and there is a finding in relation
to the person in disciplinary proceedings that the person would
have been dismissed if the person had still been an NCA officer.
Each other relevant policing authority must include a person in the barred
persons list maintained by them if—
the person ceases to be a constable of the relevant police force by
virtue of being dismissed at disciplinary proceedings, or
the person is a former constable of the relevant police force and
there is a finding in relation to the person in disciplinary proceedings
that the person would have been dismissed if the person had still
been a constable of the relevant police force.
“Relevant police force” means—
in relation to the British Transport Police Authority, the British
Transport Police Force;
in relation to the Civil Nuclear Police Authority, the Civil Nuclear
Constabulary;
in relation to the Secretary of State, the Ministry of Defence Police.
This paragraph applies to—
the Civil Nuclear Police Authority;
the British Transport Police Authority.
Each relevant policing authority to which
this paragraph
applies must
include a person in the barred persons list maintained by them if—
the person ceases to be a civilian employee of the authority by virtue
of being dismissed and the reason, or one of the reasons, for the
dismissal relates to conduct, efficiency or effectiveness, or
the person is a former civilian employee of the authority and there
is a finding in relation to the person in disciplinary proceedings
that, if the person had still been such an employee, the person would
have been dismissed as mentioned in paragraph
(a)
.
In this Schedule “civilian employee”—
in relation to the Civil Nuclear Police Authority, means an employee
of the Authority who is not a constable;
in relation to the British Transport Police Authority, means a person
employed by the Authority under section 27 of the Railways and
Transport Safety Act 2003 who is—
under the direction and control of the Chief Constable of
the British Transport Police Force, or
designated as a community support officer or policing
support officer by virtue of section 28(1)(a) of that Act.
For the purposes of
this paragraph
a person is dismissed if the
circumstances in which the person ceases to be a civilian employee amount
to dismissal within the meaning of Part 10 of the Employment Rights Act
1996 (see section 95 of that Act).
This paragraph applies where—
a person included in a barred persons list by virtue of
paragraph
2
(1)
(a)
is reinstated as an NCA officer,
a person included in a barred persons list by virtue of
paragraph
2
(2)
(a)
is reinstated as a constable of the relevant police force, or
in relation to a person included in a barred persons list by virtue
of
paragraph 2
(1)
(b)
or
(2)
(b)
, the finding that the person would
have been dismissed is set aside.
The relevant policing authority must remove the person from the barred
persons list.
This paragraph applies where—
the dismissal of a person included in a barred persons list by virtue
of
paragraph 3
(2)
(a)
is found to have been an unfair dismissal
following a complaint under section 111 of the Employment Rights
Act 1996 (whether by an employment tribunal or on appeal), or
the finding that a person included in a barred persons list by virtue
of
paragraph 3
(2)
(b)
would have been dismissed is set aside at
proceedings that are identified as appeal proceedings by regulations
made by the Secretary of State.
The relevant policing authority must remove the person from the barred
persons list maintained by the authority.
The Secretary of State may by regulations make provision in connection
with the removal of persons from barred persons lists otherwise than under
paragraph 4
or
5
.
This paragraph applies to—
the British Transport Police Authority;
the Civil Nuclear Police Authority;
the Secretary of State.
The Secretary of State may by regulations require a relevant policing
authority to which this paragraph applies to publish information about
persons included in the barred persons list maintained by the authority.
The regulations may in particular make provision about—
the persons included in the barred persons list about whom
information is to be published;
the information which is to be published;
when the information is to be published;
the period for which the information is to remain published;
how the information is to be published.
A relevant policing authority may, if it considers it to be in the public
interest to do so, disclose to any person information included in its barred
persons list which relates to a particular person who is included in that
list.
Each relevant policing authority must maintain an advisory list.
An advisory list must include such information in relation to a person as
is specified in regulations made by the Secretary of State.
The Director General of the National Crime Agency must include a person
in the advisory list maintained by them if—
the person ceases to be an NCA officer by resigning or retiring, and
Condition 1 or Condition 2 is met in relation to the person.
Each other relevant policing authority must include a person in the advisory
list maintained by them if—
the person ceases to be a constable of the relevant police force by
resigning or retiring, and
Condition 1 or Condition 2 is met in relation to the person.
The Civil Nuclear Police Authority and the British Transport Police
Authority must also include a person in the advisory list maintained by
them if—
the person ceases to be a civilian employee of the authority by
resigning or retiring, and
Condition 1 or Condition 2 is met in relation to the person.
Condition 1 is that the resignation or retirement took place—
after a relevant allegation about the person came to the attention
of the relevant policing authority, but
before disciplinary proceedings in respect of the allegation were
brought or, if brought, before they concluded.
But Condition 1 is not met if, before the person resigned or retired, it was
determined that no disciplinary proceedings would be brought against the
person in respect of the allegation.
Condition 2 is that a relevant allegation about the person came to the
attention of the relevant policing authority after the person resigned or
retired.
For the purposes of
this paragraph
an allegation about a person is a relevant
allegation if—
it relates to the conduct, efficiency or effectiveness of the person,
and
the allegation (if proved) is of a type that might have resulted in
the person being dismissed if the person had not resigned or retired.
A relevant policing authority must remove a person from the advisory list
maintained by the authority if—
it is determined that no disciplinary proceedings will be brought
against the person,
disciplinary proceedings brought against the person are withdrawn,
or
disciplinary proceedings brought against the person are concluded
without there being a finding that the person would have been
dismissed if the person had not resigned or retired.
A relevant policing authority must remove a person from the advisory list
maintained by the authority if the person is included in the barred persons
list maintained by the authority.
The Secretary of State may by regulations make provision in connection
with removals from an advisory list otherwise than under
sub-paragraph
(1)
or
(2)
.
A relevant policing authority may, if it considers it to be in the public
interest to do so, disclose to any person information included in the advisory
list maintained by the authority which relates to a particular person who
is included in that advisory list.
In this Schedule “disciplinary proceedings”—
in relation to an officer or former officer of the National Crime
Agency, means any proceedings or process relating to the person’s
conduct and any action to be taken as a result of that conduct;
in relation to a constable or former constable of the British Transport
Police Force, means proceedings under regulations made under
section 36, 37, 40 or 42 of the Railways and Transport Safety Act
2003 which apply, or deal with matters that could be dealt with by,
regulations under section 50(3) or (3A) or section 51(2A) or (2B) of
the Police Act 1996;
in relation to a constable or former constable of the Civil Nuclear
Constabulary, means proceedings under provision relating to matters
which are the subject of regulations under section 50(3) or (3A) of
the Police Act 1996;
in relation to a constable or former constable of the Ministry of
Defence Police, means proceedings under regulations made under
section 3A of the Ministry of Defence Police Act 1987;
in relation to a civilian employee of the British Transport Police
Authority or the Civil Nuclear Police Authority, has the meaning
given by regulations made by the Secretary of State.
In this Schedule—
“
NCA officer” has the meaning given in section 16(1) of the Crime
and Courts Act 2013;
The Secretary of State must consult the Scottish Ministers before making
regulations under
this Schedule
containing provision which would be
within the legislative competence of the Scottish Parliament, if contained
in an Act of that Parliament.
The Secretary of State must consult the Department of Justice in Northern
Ireland before making regulations under
this Schedule
containing provision
which—
would be within the legislative competence of the Northern Ireland
Assembly, if it were contained in an Act of that Assembly, and
would not, if it were contained in a Bill in the Northern Ireland
Assembly, result in the Bill requiring the consent of the Secretary
of State under section 8 of the Northern Ireland Act 1998.
The Counter-Terrorism Act 2008 is amended as follows.
Section 40 (overview) is amended as follows.
“(aa)
orders applying the notification requirements to persons
dealt with in the United Kingdom for certain offences to which this Part does not apply (see section 57A and Schedule
4A ),”.
“(4)
Schedule 6A provides for orders applying the notification
requirements to persons dealt with for certain service offences to which this Part does not apply.”
In section 57, in the heading for “Notification” substitute “Foreign offence
notification”.
“57A Domestic offence notification orders
Schedule 4A makes provision for notification orders applying the
notification requirements of this Part to persons who have been dealt with for certain offences that are not offences to which this Part applies.”
Section 59 (application to service offences) is amended as follows.
The existing provision becomes subsection (1) of that section.
“(2)
Schedule 6A makes provision for notification orders applying the
notification requirements of this Part to persons who have been dealt with for certain service offences that are not offences to which this Part applies.”
Section 61 (meaning of “dealt with” for an offence) is amended as follows.
In subsection (4)(b)—
for “or” substitute “, paragraph 2 (6) (b) of Schedule 4A ,”;
after “Schedule 6” insert “or paragraph 2 (6) (b) of Schedule 6A ”.
“(aa)
paragraph 2 (5) of Schedule 4A or paragraph 2 (5) of Schedule
6A (conditions for making domestic or service offence
notification order where offence dealt with before commencement),”.
Schedule 4 is amended as follows.
In the Schedule heading for “Notification” substitute “Foreign offence
notification”.
For “notification order”, in each place it appears (including in any heading
except the Schedule heading), substitute “foreign offence notification order”.
“Schedule 4A Domestic offence notification orders
Introductory
1
In this Schedule—
“
the appropriate court” means—(a)
in England and Wales or Northern Ireland, the
High Court;(b)
in Scotland, the Court of Session;
“
authorised person” means the Secretary of State or—(a)
in England and Wales, a chief officer of police;
(b)
in Scotland, the chief constable of the Police Service
of Scotland;(c)
in Northern Ireland, the chief constable of the
Police Service of Northern Ireland;“
offence”: any reference to an offence is to an offence under
the law of England and Wales, Scotland or Northern Ireland (and does not include a service offence).Domestic offence notification orders
2
(1)
An authorised person may apply to the appropriate court for an
order under this paragraph (a “domestic offence notification order”) in respect of a person (“the offender”).(2)
On the application, the court must make a domestic offence
notification order in respect of the offender if it is satisfied that the following 4 conditions are met (and must otherwise refuse the application).(3)
The first condition is that the offender has been dealt with for an
offence (“the relevant offence”) that—(a)
was committed before 29 June 2021,
(b)
is punishable with imprisonment for more than 2 years,
and(c)
is not an excluded offence.
(4)
“Excluded offence” means—
(a)
an offence to which this Part applied when the offender
was dealt with (see sections 41 and 42),(b)
an offence in relation to which section 30 or 31 of this Act
or section 69 of the Sentencing Code applied,(c)
an offence in relation to which section 31 of this Act would
have applied if paragraph (b) of subsection (1) of that section were omitted, or(d)
an offence under section 19, 21A or 39 of the Terrorism
Act 2000.(5)
If the offender was dealt with for the relevant offence before the
commencement of this Part, sub-paragraph (4) applies as if for paragraph (a) there were substituted—“(a)
an offence which, on the commencement of this
Part, was within section 41(1) or (2),”.(6)
The second condition is that—
(a)
the offender has been dealt with for the relevant offence
in a way mentioned in section 45 (reading any reference to an offence to which this Part applies as a reference to the relevant offence),(b)
the offender was aged 16 or over at the time of being dealt
with for the relevant offence, and(c)
the offender—
(i)
is imprisoned or detained in pursuance of the
sentence passed or order made in respect of the offence,(ii)
would be so imprisoned or detained but for being
unlawfully at large, absent without leave, on temporary leave or leave of absence, or on bail pending an appeal, or(iii)
is on licence, having served the custodial part of
a sentence of imprisonment in respect of the offence.(7)
The third condition is that the relevant offence has a terrorist
connection (see section 93).(8)
The fourth condition is that the period in respect of which the
notification requirements would apply in respect of the relevant offence (see section 53) has not expired.Restrictions on applications for domestic offence notification orders
3
(1)
A chief officer of police may apply for a domestic offence
notification order in respect of a person only if—(a)
the person resides in the chief officer’s police area, or
(b)
the chief officer believes that the person is in, or is
intending to come to, that area.(2)
The chief constable of the Police Service of Scotland may apply
for a domestic offence notification order in respect of a person only if—(a)
the person resides in Scotland, or
(b)
the chief constable believes that the person is in, or is
intending to come to, Scotland.(3)
The chief constable of the Police Service of Northern Ireland may
apply for a domestic offence notification order in respect of a person only if—(a)
the person resides in Northern Ireland, or
(b)
the chief constable believes that the person is in, or is
intending to come to, Northern Ireland.Effect of domestic offence notification order
4
The effect of a domestic offence notification order is that the
notification requirements of this Part apply to the offender.Modifications of this Part
5
(1)
The following modifications apply where a domestic offence
notification order is made.(2)
Section 43(1) does not apply to the offender, as regards the
relevant offence.(3)
Section 47(1) (initial notification) applies as if the reference to the
day on which the person is dealt with were a reference to the date of service of the domestic offence notification order.(4)
For the purposes of section 53 (period for which notification
requirements apply), references there to “the offence” are to the relevant offence.(5)
For the meaning of “the relevant offence”, see paragraph 2 (3) .”
“Schedule 6A Service offence notification orders
Introductory
1
In this Schedule—
“
the appropriate court” means—(a)
in England and Wales or Northern Ireland, the
High Court;(b)
in Scotland, the Court of Session;
“
authorised person” means the Secretary of State or—(a)
in England and Wales, a chief officer of police;
(b)
in Scotland, the chief constable of the Police Service
of Scotland;(c)
in Northern Ireland, the chief constable of the
Police Service of Northern Ireland.Service offence notification orders
2
(1)
An authorised person may apply to the appropriate court for an
order under this paragraph (a “service offence notification order”) in respect of a person (“the offender”).(2)
On the application, the court must make a service offence
notification order in respect of the offender if it is satisfied that the following 4 conditions are met (and must otherwise refuse the application).(3)
The first condition is that the offender has been dealt with for a
service offence (“the relevant offence”) that—(a)
is punishable with imprisonment for more than 2 years,
(b)
is not an excluded offence, and
(c)
if a day has been appointed for the commencement of
section 1 of the Counter-Terrorism and Sentencing Act 2021 as that section has effect for the purposes of section 69 of the Sentencing Code as applied by section 238 of the Armed Forces Act 2006, is committed before that day.(4)
In sub-paragraph (3) (b) “excluded offence” means—
(a)
a service offence to which this Part applied when the
offender was dealt with (see paragraphs 1 and 2 of Schedule 6),(b)
a service offence in relation to which section 32 of this
Act or section 69 of the Sentencing Code applied, or(c)
a service offence as respects which the corresponding civil
offence is an offence under section 19, 21A or 39 of the Terrorism Act 2000.(5)
If the offender was dealt with for the relevant offence before the
commencement of this Part, sub-paragraph (4) applies as if for paragraph (a) there were substituted—“(a)
a service offence as respects which the
corresponding civil offence was on the commencement of this Part within section 41(1) or (2),”.(6)
The second condition is that—
(a)
the offender has been dealt with for the relevant offence
in a way mentioned in paragraph 5 of Schedule 6 (reading any reference to a service offence to which this Part applies as a reference to the relevant offence),(b)
the offender was aged 16 or over at the time of being dealt
with for the relevant offence, and(c)
the offender—
(i)
is imprisoned or detained in pursuance of the
sentence passed or order made in respect of the offence,(ii)
would be so imprisoned or detained but for being
unlawfully at large, absent without leave, on temporary leave or leave of absence, or on bail pending an appeal, or(iii)
is on licence, having served the custodial part of
a sentence of imprisonment in respect of the offence.(7)
The third condition is that the relevant offence has a terrorist
connection (see section 93).(8)
The fourth condition is that the period in respect of which the
notification requirements would apply in respect of the relevant offence (see paragraph 7 of Schedule 6) has not expired.Restrictions on applications for service offence notification orders
3
(1)
A chief officer of police may apply for a service offence
notification order in respect of a person only if—(a)
the person resides in the chief officer’s police area, or
(b)
the chief officer believes that the person is in, or is
intending to come to, that area.(2)
The chief constable of the Police Service of Scotland may apply
for a service offence notification order in respect of a person only if—(a)
the person resides in Scotland, or
(b)
the chief constable believes that the person is in, or is
intending to come to, Scotland.(3)
The chief constable of the Police Service of Northern Ireland may
apply for a service offence notification order in respect of a person only if—(a)
the person resides in Northern Ireland, or
(b)
the chief constable believes that the person is in, or is
intending to come to, Northern Ireland.Effect of service offence notification order
4
The effect of a service offence notification order is that the
notification requirements of this Part apply to the offender.Modifications of this Part
5
(1)
The following modifications apply where a service offence
notification order is made.(2)
Section 47(1) (initial notification) applies as if the reference to the
day on which the person is dealt with were a reference to the date of service of the service offence notification order.(3)
Paragraph 3(1) of Schedule 6 does not apply to the offender, as
regards the relevant offence.(4)
For the purposes of paragraph 7 of that Schedule (period for
which notification requirements apply), references there to “the service offence” or “the offence” are to the relevant offence.(5)
For the meaning of “the relevant offence”, see paragraph 2 (3) .”
In
Schedule 1A
to the
Prisoners and Criminal Proceedings (Scotland) Act
section 54
(breach of police notification requirements etc);
paragraph 15
of
Schedule 5
(breach of foreign travel
1993
(offences with restricted eligibility for release on licence), in
paragraph
8
for the words from “section 54” to the end substitute “any of the following
provisions of the
Counter-Terrorism Act 2008
—
(a)
(b)
restriction order).”
The Criminal Procedure (Scotland) Act 1995 is amended as follows.
“(9)
In the case of an offence specified in paragraph 4 (b) of Schedule
5ZB (breach of foreign travel restriction order), this section applies in relation to convictions on or after the day on which paragraph 2 of Schedule 21 to the Crime and Policing Act 2025 comes into force.”
In
paragraph 4
of
Schedule 5ZB
(list of terrorism offences) for the words
section 54
(breach of police notification requirements etc);
paragraph 15
of
Schedule 5
(breach of foreign travel
from “section 54” to the end substitute “any of the following provisions of
the
Counter-Terrorism Act 2008
—
(a)
(b)
restriction order).”
The Criminal Justice Act 2003 is amended as follows.
In section 247A (restricted eligibility for release on licence) after subsection In the case of a prisoner to whom this section applies as a result of
(10A) insert—
“(10B)
the amendments made by paragraph
3
of
Schedule 21
to the Crime
and Policing Act 2025, the references in subsections (9) and (10) to
the date on which this section comes into force are to be read as
references to the date on which that paragraph comes into force.”
In paragraph 8 of Schedule 19ZA (offences to which section 247A applies)
section 54
(breach of police notification requirements etc);
paragraph 15
of
Schedule 5
(breach of foreign travel
for the words from “section 54” to the end substitute “any of the following
provisions of the
Counter-Terrorism Act 2008
—
(a)
(b)
restriction order).”
In
Schedule 1A
to the
Counter-Terrorism Act 2008
(offences where terrorism
connection not required to be considered), in
paragraph 4
—
the existing text becomes sub-paragraph (1);
“(2)
An offence under paragraph 15 of Schedule 5 to that Act
(breach of foreign travel restriction order) of which a person is convicted on or after the day on which paragraph 4 of Schedule 21 to the Crime and Policing Act 2025 comes into force.”
The
Criminal Justice (Northern Ireland) Order 2008
(S.I. 2008/1216 (N.I.
1)) is amended as follows.
“(11)
In the case of an offence listed in paragraph 32 (b) of Schedule 2A,
this Article applies in relation to convictions on or after the day on which paragraph 5 of Schedule 21 to the Crime and Policing Act 2025 comes into force.”
In
Article 20A
(restricted eligibility for release on licence of terrorist In the case of a prisoner to whom this Article applies as a result of
prisoners) after paragraph (10) insert—
“(11)
the amendments made by paragraph
5
of
Schedule 21
to the Crime
and Policing Act 2025, the reference in paragraph (10) to the
commencement date is to be read as a reference to the date on which
that paragraph comes into force.”
In paragraph 32 of Schedule 2A (terrorism offences specified for purposes
section 54
(breach of police notification requirements etc);
paragraph 15
of
Schedule 5
(breach of foreign travel
of Articles 15A and 20A) for the words from “section 54” to the end
substitute “any of the following provisions of the
Counter-Terrorism Act
2008
—
(a)
(b)
restriction order).”
The Sentencing Code is amended as follows.
In section 252A (special sentence for offenders of particular concern) after In the case of an offence listed in paragraph 4
(b)
of Schedule 13,
subsection (6) insert—
“(7)
this section applies in relation to convictions on or after the day on
which paragraph
6
of
Schedule 21
to the Crime and Policing Act
2025 comes into force.”
In section 265 (special sentence for offenders of particular concern) after In the case of an offence listed in paragraph 4
(b)
of Schedule 13,
subsection (4) insert—
“(5)
this section applies in relation to convictions on or after the day on
which paragraph
6
of
Schedule 21
to the Crime and Policing Act
2025 comes into force.”
In section 278 (special sentence for offenders of particular concern) after In the case of an offence listed in paragraph 4
(b)
of Schedule 13,
subsection (4) insert—
“(5)
this section applies in relation to convictions on or after the day on
which paragraph
6
of
Schedule 21
to the Crime and Policing Act
2025 comes into force.”
In paragraph 4 of Schedule A1 (terrorist connection aggravating factor -
offences where terrorism connection not required to be considered)—
the existing text becomes sub-paragraph (1);
“(2)
An offence under paragraph 15 of Schedule 5 to that Act
(breach of foreign travel restriction order) of which a person is convicted on or after the day on which paragraph 6 of Schedule 21 to the Crime and Policing Act 2025 comes into force.”
In paragraph 4 of Schedule 13 (offences attracting special sentence for section 54 (breach of police notification requirements etc); paragraph 15 of Schedule 5 (breach of foreign travel
offenders of particular concern), for the words from “section 54” to the end
substitute “any of the following provisions of the
Counter-Terrorism Act
2008
—
(a)
(b)
restriction order).”
A
bill
to
Make provision about anti-social behaviour, offensive weapons, offences against people (including sexual offences), property offences, the criminal exploitation of persons, sex offenders, stalking and public order; to make provision about powers of the police, the border force and other similar persons; to make provision about confiscation; to make provision about the police; to make provision about terrorism and national security, and about international agreements relating to crime; to make provision about the criminal liability of bodies; and for connected purposes.
Brought from the Commons on
Ordered to be Printed, .
© Parliamentary copyright House of Commons and House of Lords 2025
This publication may be reproduced under the terms of the Open Parliament Licence, which is published at www.parliament.uk/site-information/copyright
Published by the authority of the House of Lords