Tunisia - Irrigation Rehabilitation Project
The Secretary of State must in each financial year—
prepare a police covenant report, and
lay a copy of the report before Parliament.
A police covenant report is a report about— so far as these matters relate to the fact that the persons concerned are members or former members of the police workforce.
the health and well-being of members and former members of the police workforce,
the physical protection of such persons,
the support required by members of their families, and
any other matter in relation to members or former members of the police workforce, or a particular description of such persons, that the Secretary of State considers appropriate,
In preparing a police covenant report the Secretary of State must have regard in particular to—
the obligations of and sacrifices made by members of the police workforce, and
the principle that it is desirable to remove any disadvantage for members or former members of the police workforce arising from their membership or former membership.
In preparing a police covenant report the Secretary of State must ensure that the views of— are sought in relation to the matters to be covered by the report.
any relevant government department, and
anyone else the Secretary of State considers appropriate,
A police covenant report must set out in full or summarise any views obtained under subsection (4).
The Secretary of State may not include in a police covenant report a summary under subsection (5) unless the person whose views are summarised has approved the summary.
A police covenant report must state whether, in the Secretary of State’s opinion, in respect of any matter covered by the report, members or former members of the police workforce, or a particular description of such persons, are at a disadvantage when compared with other persons or such descriptions of other persons as the Secretary of State considers appropriate.
Where the Secretary of State’s opinion is that there is any such disadvantage as mentioned in subsection (7), the report must set out the Secretary of State’s response to that.
In this section—
in relation to Wales— a county council, or a county borough council;
the period which begins with the day on which this section comes into force and ends with the following 31 March, and
a person designated as a policing support officer or a policing support volunteer under section 38 of the Police Reform Act 2002;
another magistrates’ court acting for the same local justice area as that court;
“excluded offence” has the meaning given by section 98(6);
the Director of Public Prosecutions;
“enactment” includes—
the Director of the Serious Fraud Office;
“article” includes a vehicle and, except in subsection (2), an animal;
the Attorney General;
“appropriate court” means—
a building or structure which is used as a dwelling, or
The reference in subsection (2) to members of the families of members and former members of the police workforce is a reference to such descriptions of persons connected with members or former members of the police workforce as the Secretary of State considers should be covered by a police covenant report.
In section 1 of the Assaults on Emergency Workers (Offences) Act 2018 (offence of common assault, or battery, committed against emergency worker), in subsection (2)(b) (penalty for conviction on indictment), for “12 months” substitute “2 years”.
Subsection (1) applies only in relation to offences committed on or after the day on which this section comes into force.
The Sentencing Code is amended in accordance with subsections (2) to (15).
In section 177 (youth rehabilitation orders), in subsection (3)(b)(i), after “258” insert “or 258A”.
In section 221 (overview of Part 10), in subsection (2)(b), for “section 258” substitute “sections 258 and 258A”.
In section 249 (sentence of detention under section 250), in subsection (2)(a), for “section 258” substitute “sections 258 and 258A”.
In section 255 (extended sentence of detention), in subsection (1)(d), after “258(2)” insert “or 258A(2)”.
After section 258 insert—
In section 267 (extended sentence of detention in a young offender institution), in subsection (1)(d), for “or 274” substitute “, 274 or 274A”.
In section 272 (offences other than murder), in subsection (2)(b), for “or 274” substitute “, 274 or 274A”.
After section 274 insert—
In section 280 (extended sentence of imprisonment), in subsection (1)(d), for “or 285” substitute “, 285 or 285A”.
After section 285 insert—
In section 329 (conversion of sentence of detention to sentence of imprisonment), in subsection (7)(a), after “258” insert “or 258A”.
In section 399 (mandatory sentences), in paragraph (b)(i)—
for “258, 274 or 285” substitute “258, 258A, 274, 274A, 285 or 285A”;
omit “dangerous”.
In section 417 (commencement of Schedule 22), in subsection (3)(d), for “and 274” substitute “, 274 and 274A”.
In Schedule 22 (amendments of the Sentencing Code etc)—
after paragraph 59 insert—;
in paragraph 73(a)(ii), after “274” insert “, 274A”;
in paragraph 101(2), after “274,” insert “274A,”.
In section 37 of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship)—
in subsection (1A)—
after “258,” insert “258A,”;
after “274,” insert “274A,”;
for “or 285” substitute “, 285 or 285A”;
in subsection (1B)—
in paragraph (a), after “258” insert “or 258A”;
in paragraph (b), for “or 274” substitute “, 274 or 274A”;
in paragraph (c), for “or 285” substitute “, 285 or 285A”.
The Police Act 1996 is amended as follows.
In section 51 (regulations for special constables), in subsection (2), after paragraph (c) insert—.
Section 59 (Police Federations) is amended as set out in subsections (4) to (7).
For subsection (1) substitute—
After subsection (1A) insert—
For subsection (2) substitute—
For subsection (3) substitute—
In section 60 (regulations for Police Federations), in subsection (2), in paragraph (e), for the words from the beginning to “requiring” substitute “about the pay, pension or allowances and other conditions of service for any member of a police force or special constable who is the secretary or officer of a Police Federation (including provision which applies existing regulations with modifications), and may require”.
Section 2A of the Road Traffic Act 1988 (meaning of dangerous driving) is amended in accordance with subsections (2) to (4).
In subsection (1), after paragraph (b) insert “But this subsection does not apply where subsection (1B) applies.”
After subsection (1) insert—
In subsection (3)—
after “(1)” insert “, (1B)”, and
after “driver” insert “or constable (as the case may be)”.
The amendments made by this section have effect only in relation to driving occurring after this section comes into force.
Section 3ZA of the Road Traffic Act 1988 (meaning of careless driving) is amended in accordance with subsections (2) to (4).
In subsection (2), after “driver.” insert “But this subsection does not apply where subsection (2B) applies.”
After subsection (2) insert—
In subsection (3)—
after “(2)” insert “or (2B)”, and
after “driver” insert “or constable (as the case may be)”.
The amendments made by this section have effect only in relation to driving occurring after this section comes into force.
In section 195 of the Road Traffic Act 1988 (provisions as to regulations), after subsection (6) insert—
The specified authorities for a local government area must collaborate with each other to prevent and reduce serious violence in the area.
The duty imposed on the specified authorities for a local government area by subsection (1) includes a duty to plan together to exercise their functions so as to prevent and reduce serious violence in the area.
In particular, the specified authorities for a local government area must—
identify the kinds of serious violence that occur in the area,
identify the causes of serious violence in the area, so far as it is possible to do so, and
prepare and implement a strategy for exercising their functions to prevent and reduce serious violence in the area.
In preparing a strategy under this section for a local government area, the specified authorities for the area must ensure that the following are consulted—
each educational authority for the area;
each prison authority for the area;
each youth custody authority for the area.
A strategy under this section for a local government area may specify an action to be carried out by— See section 15 for further provision about the duties of such authorities in relation to such actions.
an educational authority for the area,
a prison authority for the area, or
a youth custody authority for the area.
In preparing a strategy under this section for a local government area, the specified authorities for the area may invite participation from—
in the case of a strategy for a local government area in England, a person of a description for the time being prescribed by order of the Secretary of State under section 5(3) of the Crime and Disorder Act 1998;
in the case of a strategy for a local government area in Wales, a person of a description for the time being prescribed by order of the Welsh Ministers under section 5(3) of that Act.
Once a strategy has been prepared under this section for a local government area, the specified authorities for the area must—
publish the strategy,
keep the strategy under review, and
from time to time prepare and implement a revised strategy.
A strategy under this section must not include any material that the specified authorities consider—
might jeopardise the safety of any person,
might prejudice the prevention or detection of crime or the investigation or prosecution of an offence, or
might compromise the security of, or good order or discipline within, an institution of a kind mentioned in the first column of a table in Schedule 2.
A strategy under this section may cover an area that is wider than a local government area if it is also prepared in the exercise of the powers in section 9.
The Secretary of State may by regulations make further provision for or in connection with the publication and dissemination of a strategy under this section.
References in subsections (4) to (10) to a strategy under this section include a revised strategy.
This section does not affect any power of a specified authority to collaborate or plan apart from this section.
For provisions about the interpretation of this section, see—
section 11 and Schedule 1 (specified authorities and local government areas);
section 12 and Schedule 2 (educational, prison and youth custody authorities);
section 13 (preventing and reducing serious violence).
Two or more specified authorities may collaborate with each other to prevent and reduce serious violence in a relevant area.
The power conferred on specified authorities by subsection (1) includes a power to plan together to exercise their functions so as to prevent and reduce serious violence in a relevant area.
In particular, the specified authorities may—
identify the kinds of serious violence that occur in a relevant area,
identify the causes of serious violence in the area, and
prepare and implement a strategy for exercising their functions to prevent and reduce serious violence in the area.
In preparing a strategy under this section for a relevant area, the specified authorities preparing the strategy must ensure that the following are consulted—
every other specified authority for the area;
each educational authority for the area;
each prison authority for the area;
each youth custody authority for the area.
A strategy under this section for a relevant area may specify actions to be carried out by— See section 15 for further provision about the duties of such authorities in relation to such actions.
an educational authority for the area,
a prison authority for the area, or
a youth custody authority for the area.
In preparing a strategy under this section for a relevant area, the specified authorities for the area may invite participation from—
in the case of a strategy for a relevant area in England, an eligible person for the time being prescribed by order of the Secretary of State under section 5(3) of the Crime and Disorder Act 1998;
in the case of a strategy for a relevant area in Wales, an eligible person for the time being prescribed by order of the Welsh Ministers under section 5(3) of that Act;
in the case of a strategy for a relevant area partly in England and partly in Wales, an eligible person for the time being prescribed by order of the Secretary of State or the Welsh Ministers under section 5(3) of that Act.
For the purposes of subsection (6), an eligible person is— In this subsection “local government area” has the same meaning as in section 5 of the Crime and Disorder Act 1998 (see subsection (4) of that section).
where a person is prescribed in terms of a description which includes a connection to a local government area, a person of that description with such a connection to a local government area all or part of which coincides with or falls within the relevant area, or
a person prescribed in terms that do not refer to a connection with a local government area.
Once a strategy has been prepared under this section for a relevant area, the specified authorities for the area—
must publish the strategy,
may keep the strategy under review, and
may from time to time prepare and implement a revised strategy.
A strategy under this section must not include any material that the specified authorities consider—
might jeopardise the safety of any person,
might prejudice the prevention or detection of crime or the investigation or prosecution of an offence, or
might compromise the security of, or good order or discipline within, an institution of a kind mentioned in the first column of a table in Schedule 2.
The Secretary of State may by regulations make further provision for or in connection with the publication and dissemination of a strategy under this section.
References in subsections (4) to (10) to a strategy under this section include a revised strategy.
This section does not affect any power of a specified authority to collaborate or plan apart from this section.
In this Chapter “relevant area”, in relation to a specified authority, educational authority, prison authority or youth custody authority means an area made up of—
all or part of a local government area for which it is a specified authority, educational authority, prison authority or youth custody authority, and
all or part of one or more other local government areas (regardless of whether, in the case of a specified authority or educational authority, it is also a specified authority or educational authority for the other area or areas).
For further provisions about the interpretation of this section, see—
section 11 and Schedule 1 (specified authorities and local government areas);
section 12 and Schedule 2 (educational, prison and youth custody authorities);
section 13 (preventing and reducing serious violence).
The Secretary of State may by regulations—
confer powers on a specified authority to collaborate with a prescribed person to prevent and reduce serious violence in a prescribed area;
confer powers on a prescribed person to collaborate with a specified authority to prevent and reduce serious violence in a prescribed area.
The Secretary of State may by regulations authorise the disclosure of information—
by a prescribed person to any person listed in subsection (3) for the purposes of preventing and reducing serious violence in a prescribed area;
by any person listed in subsection (3) to a prescribed person for such purposes.
Those persons are—
a specified authority;
a local policing body;
an educational authority;
a prison authority;
a youth custody authority.
Regulations under subsection (2) may provide that a disclosure under the regulations does not breach—
any obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
But if regulations under subsection (2) contain provision under subsection (4)(b), they must provide that they do not authorise a disclosure of information that—
would contravene the data protection legislation (but in determining whether a disclosure would do so, any power conferred by the regulations is to be taken into account), or
is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
Regulations under subsection (2) must not authorise—
the disclosure of patient information, or
the disclosure of personal information by a specified authority which is a health or social care authority.
This section does not affect any power to collaborate or to disclose information apart from regulations under this section.
In this section, “prescribed” means prescribed, or of a description prescribed, in regulations under this section.
Regulations under this section may, in particular, prescribe persons by reference to the fact that they have been invited under section 8(6) or 9(6) to participate in the preparation of a strategy under section 8 or 9.
In this Chapter—
“health or social care authority” means a specified authority which is listed in the first column of the table headed “Health and social care” in Schedule 1;
an officer of Revenue and Customs appointed in accordance with section 2(1) of the Commissioners for Revenue and Customs Act 2005, or
“community remedy document” means the community remedy document (as revised from time to time) published under section 101 of the Anti-social Behaviour, Crime and Policing Act 2014 for the police area where the offence in question was committed;
an individual’s care or treatment,
In this Chapter “specified authority” means a person listed in the first column of a table in Schedule 1.
Subsection (3) applies to a specified authority listed in Schedule 1 in terms that refer to the exercise of particular functions or to a particular capacity that it has.
References in this Chapter to the authority’s functions are to those functions or its functions when acting in that capacity.
In this Chapter “local government area” means—
in relation to England, a district, a London borough, the City of London or the Isles of Scilly;
in relation to Wales, a county or county borough.
For the purposes of this Chapter the Inner Temple and the Middle Temple form part of the City of London.
For the purposes of this Chapter a specified authority listed in a table in Schedule 1 is an authority for the local government area or (as the case may be) each local government area listed in the corresponding entry in the second column of the table.
The Secretary of State may by regulations amend Schedule 1 by adding, modifying or removing a reference to a specified authority or a local government area.
In this Chapter—
“youth custody authority” means a person listed in the first column of the third table in Schedule 2.
For the purposes of this Chapter an educational authority, prison authority or a youth custody authority listed in a table in Schedule 2 is an authority for the local government area or (as the case may be) each local government area listed in the corresponding entry in the second column of the table.
The Secretary of State may by regulations amend Schedule 2 by adding, modifying or removing an entry in a table in that Schedule.
In this Chapter—
references to preventing serious violence in an area are to preventing people from becoming involved in serious violence in the area, and
references to reducing serious violence in an area are to reducing instances of serious violence in the area.
The reference in subsection (1)(a) to becoming involved in serious violence includes becoming a victim of serious violence.
In this Chapter “violence”—
includes, in particular—
domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),
sexual offences,
violence against property, and
threats of violence;
does not include terrorism (within the meaning of the Terrorism Act 2000 (see section 1(1) to (4) of that Act)).
In subsection (3)(a)(ii), “sexual offence” means an offence under the law of England and Wales which is for the time being specified in Schedule 3 to the Sexual Offences Act 2003, other than the offence specified in paragraph 14 of that Schedule (fraudulent evasion of excise duty).
In determining for the purposes of subsection (4) whether an offence is specified in Schedule 3 to the Sexual Offences Act 2003, any limitation in that Schedule referring to the circumstances of a particular case (including the sentence imposed) is to be disregarded.
In considering whether violence in an area amounts to serious violence for the purposes of this Chapter, account must be taken in particular of the following factors—
the maximum penalty which could be imposed for the offence (if any) involved in the violence,
the impact of the violence on any victim,
the prevalence of the violence in the area, and
the impact of the violence on the community in the area.
A local policing body for a police area may assist a specified authority in the exercise of—
the authority’s functions under or in accordance with section 8 in relation to a local government area which coincides with or falls within the police area, or
the authority’s functions under or in accordance with section 9 in relation to a relevant area which, or any part of which, coincides with or falls within the police area.
A local policing body for a police area may—
monitor the exercise by specified authorities of their functions under or in accordance with section 8 in relation to a local government area which coincides with or falls within the police area, or
monitor the exercise by specified authorities of their functions under or in accordance with section 9 in relation to a relevant area which, or any part of which, coincides with or falls within the police area.
A local policing body may report its findings under subsection (2) to the Secretary of State.
The Secretary of State may by regulations make provision conferring functions on a local policing body for a police area for the purposes of subsection (1).
Provision under subsection (4) may include provision—
for a local policing body to provide funding to a specified authority,
for a local policing body to arrange for meetings to be held for the purpose of assisting the exercise by specified authorities of their functions under or in accordance with section 8 or 9,
for the local policing body or a representative of the body to chair the meetings, and
for such descriptions and numbers of persons as the local policing body may specify to be required to attend the meetings.
If a local policing body acts under subsection (1) or (2), or under regulations under subsection (4), in relation to the exercise by a specified authority of its functions under or in accordance with section 8 or 9, the authority must co-operate with the body.
References in this Chapter (however expressed) to a specified authority exercising functions in accordance with section 8 or 9 are to the authority exercising functions conferred on it apart from this Chapter in accordance with the section in question.
An educational, prison or youth custody authority (a “relevant authority”) for a local government area and a specified authority for that area may collaborate with each other to prevent and reduce serious violence in that area.
A relevant authority for a relevant area and a specified authority for that area may collaborate with each other to prevent and reduce serious violence in that area.
A relevant authority and a specified authority must collaborate with each other as mentioned in subsection (1) or (2) if either the relevant authority or the specified authority requests the other to do so.
A relevant authority must carry out any actions which are specified under section 8(5) or 9(5) as actions to be carried out by the authority.
A relevant authority for a local government area—
may collaborate with another relevant authority for that area to prevent and reduce serious violence in that area, and
must collaborate with another relevant authority for that area for those purposes if requested by that other relevant authority to do so.
A relevant authority (“RA1”) may collaborate with another relevant authority (“RA2”) to prevent and reduce serious violence in an area which is made up of—
all or part of the local government area for which RA1 is a relevant authority, and
all or part of the local government area for which RA2 is a relevant authority.
A relevant authority is not subject to a duty in subsection (3), (4) or (5)(b), and a specified authority is not subject to a duty in subsection (3), if or to the extent that compliance with the duty—
would be incompatible with any other duty of the authority imposed by an enactment (other than subsection (5)(b)),
would otherwise have an adverse effect on the exercise of the authority’s functions,
would be disproportionate to the need to prevent and reduce serious violence in the area to which the duty relates, or
would mean that the authority incurred unreasonable costs.
In determining whether subsection (7) applies to an authority, the cumulative effect of complying with duties under this section must be taken into account.
Subsection (7) or (8) does not apply in relation to the duty of a relevant authority to collaborate with a specified authority under subsection (3) to the extent that it relates to—
the exercise by the specified authority of its function under subsection (3)(a) or (b) of section 8 of identifying the kinds or causes of serious violence in an area or its function of preparing a strategy under subsection (3)(c) of that section, or
the exercise by the specified authority of its function under subsection (3)(a) or (b) of section 9 of identifying the kinds or causes of serious violence in an area or its function of preparing a strategy under subsection (3)(c) of that section.
This section does not affect any power to collaborate apart from this section.
In this section “enactment” includes—
an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, and
an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru.
A person listed in subsection (2) may disclose information that it holds for the purposes of its functions to another person listed in that subsection for the purposes of the exercise by the other person of its functions under or in accordance with this Chapter.
Those persons are—
a specified authority;
a local policing body;
an educational authority;
a prison authority;
a youth custody authority.
A disclosure of information authorised by 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 (however imposed).
But this section does not authorise—
the disclosure of patient information,
the disclosure of personal information by a specified authority which is a health or social care authority,
a disclosure of information that would contravene the data protection legislation (but in determining whether a disclosure would do so, the power conferred by this section is to be taken into account), or
a disclosure of information that is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
Subsection (6) applies if—
a disclosure of information under this section is also permitted by regulations under section 6(2) of the Crime and Disorder Act 1998 or by section 115 of that Act (but is not also a disclosure under section 17A of that Act), and
a condition or limitation applies to a disclosure under those regulations or section 115 of that Act by virtue of such regulations.
The condition or limitation does not apply to the disclosure of information under this section.
This section does not otherwise affect any power to disclose information apart from this section.
A local policing body may, for the purposes of enabling or assisting it to exercise its functions under section 14 in relation to an area, request any person listed in subsection (2) to supply it with such information as may be specified in the request.
Those persons are—
a specified authority for that area;
an educational authority for that area;
a prison authority for that area;
a youth custody authority for that area.
Information requested under subsection (1) must be information that is held by the person to whom the request is made and that relates to—
the person to whom the request was made,
a function of the person to whom the request was made, or
a person in respect of whom a function is exercisable by the person requested to supply the information.
Subject to subsection (6), a person who is requested to supply information under subsection (1) must comply with the request.
A disclosure of information required by subsection (4) does not breach—
any obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
But subsection (4) does not require—
the disclosure of patient information,
the disclosure of personal information by a specified authority which is a health or social care authority,
a disclosure of information that would contravene the data protection legislation (but in determining whether a disclosure would do so, the duty imposed by that subsection is to be taken into account), or
a disclosure of information that is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
Information supplied to a local policing body under this section may be used by the body only for the purpose of enabling or assisting it to exercise its functions under section 14.
Subsection (2) applies if the Secretary of State is satisfied that—
a specified authority has failed to discharge a duty imposed on it by section 8, 14(6), 15(3) or 17(4), or
an educational authority, prison authority or youth custody authority has failed to discharge a duty imposed on it by section 15(3), (4) or (5)(b) or 17(4).
The Secretary of State may give directions to the authority for the purpose of securing compliance with the duty.
A direction under subsection (2) may be enforced, on an application made on behalf of the Secretary of State, by a mandatory order.
The Secretary of State must obtain the consent of the Welsh Ministers before giving a direction under this section to a devolved Welsh authority within the meaning of the Government of Wales Act 2006 (see section 157A of that Act).
This section does not apply in relation to—
a provider of probation services if that provider is the Secretary of State,
the governor of a prison, young offender institution or secure training centre, or
the principal of a directly managed secure college as defined in paragraph 27 of Schedule 10 to the Criminal Justice and Courts Act 2015.
A person listed in subsection (2) must have regard to guidance issued by the Secretary of State—
in exercising any function conferred by or by virtue of this Chapter, or
in exercising any function in accordance with this Chapter.
Those persons are—
a specified authority;
a person prescribed in regulations under section 10;
a local policing body;
an educational authority;
a prison authority;
a youth custody authority.
The Secretary of State must consult the Welsh Ministers before issuing guidance relating to the exercise of functions as mentioned in subsection (1) by a devolved Welsh authority within the meaning of the Government of Wales Act 2006 (see section 157A of that Act).
After issuing guidance under this section, the Secretary of State must lay a copy of the guidance before Parliament.
The Crime and Disorder Act 1998 is amended as follows.
In section 5A (combination agreements: further provision)—
in subsection (2), after paragraph (c) insert—, and
after subsection (9) insert—
Section 6 (formulation and implementation of strategies) is amended in accordance with subsections (4) to (7).
In subsection (1), at the end of paragraph (c) insert ; and
In subsection (6)—
omit the “or” at the end of paragraph (a), and
after paragraph (b) insert—
In subsection (9), at the end of paragraph (a) insert “and strategies for preventing people from becoming involved in and reducing instances of serious violence in areas in Wales”.
After subsection (9) insert—
Section 17 (duty to consider crime and disorder implications) is amended in accordance with subsections (9) to (11).
In subsection (1), at the end of paragraph (c) insert ; and
After subsection (1) insert—
After subsection (5) insert—
In section 18 (interpretation of Chapter 1)—
in subsection (1), at the appropriate place insert—, and
after that subsection insert—
In section 19(11) of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters: interpretation), in the definition of “local crime and disorder matter”—
omit the “or” at the end of paragraph (a), and
serious violence (within the meaning of Chapter 1 of Part 1 of the Crime and Disorder Act 1998),
Regulations under this Chapter are to be made by statutory instrument.
Regulations under this Chapter—
may make different provision for different purposes or areas;
may make consequential, supplementary, incidental, transitional, transitory or saving provision.
The Secretary of State must consult the Welsh Ministers before making regulations under this Chapter if and to extent that the regulations make provision that applies in relation to a devolved Welsh authority within the meaning of the Government of Wales Act 2006 (see section 157A of that Act).
A statutory instrument containing regulations under this Chapter may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Subsection (4) does not apply to a statutory instrument containing only one or more of the following—
regulations under section 8(10);
regulations under section 9(10);
regulations under section 11(7) which make provision for the removal of an entry in Schedule 1 where the authority concerned has ceased to exist;
regulations under section 11(7) which make provision for the modification of an entry in Schedule 1 in consequence of a change of name or transfer of functions;
regulations under section 12(3) which make provision for the removal of an entry in Schedule 2 where the authority concerned has ceased to exist;
regulations under section 12(3) which make provision for the modification of an entry in Schedule 2 in consequence of a change of name or transfer of functions;
regulations under section 14(4).
A statutory instrument within subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament.
In this Chapter an expression listed in the first column of the table has the meaning given by, or is to be interpreted in accordance with, the corresponding provision listed in the second column. Expression Provision the data protection legislation section 10(10) educational authority section 12(1) and Schedule 2 educational authority for a local government area section 12(2) and Schedule 2 educational authority for a relevant area section 9(13) health or social care authority section 10(9) local government area section 11(4) patient information section 10(9) personal information section 10(9) preventing serious violence section 13(1) and (2) prison authority section 12(1) and Schedule 2 prison authority for a local government area section 12(2) and Schedule 2 prison authority for a relevant area section 9(13) reducing serious violence section 13(1) relevant area section 9(13) serious violence section 13(6) specified authority section 11(1) and Schedule 1 specified authority for a local government area section 11(6) and Schedule 1 specified authority for a relevant area section 9(13) violence section 13(3) youth custody authority section 12(1) and Schedule 2 youth custody authority for a local government area section 12(2) and Schedule 2 youth custody authority for a relevant area section 9(13)
Where a review partner considers that— the review partner must join with the other relevant review partners in respect of the death in arranging for there to be a review under this section of the person’s death.
the death of a person was, or is likely to have been, a qualifying homicide,
the death occurred, or is likely to have occurred, in England or Wales,
such other conditions as the Secretary of State may specify by regulations are satisfied, including, for example, conditions relating to—
the circumstances of or relating to the death,
the circumstances or history of the person who died, or
the circumstances or history of other persons with a connection to the death, and
the review partner is one of the relevant review partners in respect of the death (see section 25),
Subsection (1) is subject to subsections (3) to (5) and section 26.
If the review partner considers, on further information, that any of the conditions mentioned in subsection (1)(a) to (c) is not satisfied in the case of the person’s death, the review partner ceases to be under a duty to arrange for there to be a review under this section of the death (and a review may accordingly be discontinued).
If the review partner considers, on further information, that the condition mentioned in subsection (1)(d) is not satisfied in the case of the person’s death, the review partner ceases to be under a duty to arrange for there to be a review under this section of the death, except where such a review of the death has already started to take place under arrangements made by the review partner and other review partners.
Subsection (1) does not require a review partner to arrange for there to be a review under this section of a person’s death if such a review of the death has already taken place, or started to take place, under arrangements made by other review partners.
For the purposes of this section, the homicide of a person is a qualifying homicide if—
the person was aged 18 or over, and
the death, or the events surrounding it, involved the use of an offensive weapon.
The Secretary of State may by regulations—
amend this section so as to alter the meaning of “qualifying homicide”, and
make such consequential amendments of this Chapter as appear to the Secretary of State to be appropriate.
In this section “offensive weapon” has the same meaning as in section 1 of the Prevention of Crime Act 1953.
The Secretary of State may by regulations make provision for identifying which review partners are to be the relevant review partners in respect of a person’s death.
The regulations may provide that the relevant review partners in respect of a person’s death are—
a chief officer of police for a police area in England or Wales of a description specified in the regulations,
a local authority of a description specified in the regulations or, in a case of a description specified in the regulations, a county council and a district council of a description specified in the regulations, and
a clinical commissioning group or a local health board of a description specified in the regulations.
The regulations may, in particular, provide that, in a case of a description specified in the regulations, the relevant review partners in respect of a person’s death are—
the chief officer of police for the police area in England or Wales in which the death occurred or is likely to have occurred,
the local authority in whose area the death occurred or is likely to have occurred or, if the death occurred or is likely to have occurred within the area of a district council whose area is within the area of a county council, both of those local authorities, and
the clinical commissioning group or the local health board in whose area the death occurred or is likely to have occurred.
The regulations may include provision for identifying the relevant review partners in respect of a person’s death by reference to other matters, including—
the last known place of residence of the person who died;
an earlier place of residence of the person who died;
the place of residence of the person who caused or is likely to have caused, or of any of the persons who caused or are likely to have caused, the person’s death;
the police area in England or Wales of the police force that is investigating or has investigated the person’s death.
The regulations may—
provide for a group of review partners to agree with another group of review partners to be the relevant review partners in respect of a person’s death instead of that other group;
provide for review partners of a description specified in the regulations to agree between them which of them is a relevant review partner in respect of a person’s death;
provide for the Secretary of State to give a direction specifying which review partners are the relevant review partners in respect of a person’s death.
The duty in section 24(1) does not apply in relation to a death if—
a child death review must or may be arranged in relation to the death (see section 16M(1) and (2) of the Children Act 2004),
the death may be the subject of a domestic homicide review (see section 9 of the Domestic Violence, Crime and Victims Act 2004), or
a safeguarding adults review must or may be established in relation to the death (see section 44(1) and (4) of the Care Act 2014).
The Secretary of State may by regulations make provision about the duty in section 24(1) not applying in the case of a death which may or must be investigated under arrangements made by NHS bodies with respect to deaths caused by persons who are receiving or have received any health services relating to mental health.
The duty in section 24(1) does not apply in relation to a death if regulations under section 135(4)(a) of the Social Services and Well-being (Wales) Act 2014 (anaw 4) require a Safeguarding Board to undertake a review of the death.
The Secretary of State may by regulations make provision about the duty in section 24(1) not applying in the case of a death, caused by a person who is receiving or has received any health services relating to mental health, where there may be a review of, or investigation into, the provision of that health care under section 70 of the Health and Social Care (Community Health and Standards) Act 2003.
If a review partner becomes aware of qualifying circumstances in relation to a person’s death, the review partner must notify the Secretary of State before the end of the notification period of one of the following—
that the review partner is under a duty to arrange for there to be a review under section 24 of the person’s death,
that the review partner is not under that duty in respect of the death, or
that the review partner has not been able to take a decision on the matter.
Subsection (1) does not apply if, when the review partner becomes aware of qualifying circumstances in relation to a person’s death, the review partner is also aware that no duty in section 24(1) arises in respect of the death because of section 24(5) or 26.
If a review partner gives a notification under subsection (1)(c), the review partner must notify the Secretary of State of the review partner’s decision on the matter once it has been taken.
Where a review partner— the review partner must notify the Secretary of State of that decision.
notifies the Secretary of State that the review partner is under a duty to arrange a review under section 24 of a death, but
before the review starts to take place, decides that the review partner is not under that duty in respect of that death (see section 24(3) and (4)),
Where a review under section 24 of a death is discontinued because the review partner considers that a condition mentioned in section 24(1)(a) to (c) is not satisfied in relation to the death (see section 24(3)), the review partner must notify the Secretary of State.
Where a review partner— the review partner must notify the Secretary of State of that decision.
notifies the Secretary of State that the review partner is not under a duty to arrange a review under section 24 of a death, but
afterwards decides that the review partner is under that duty in respect of that death,
For the purposes of this section, a review partner becomes aware of qualifying circumstances in relation to a person’s death if the review partner becomes aware of such facts as make it likely that—
the conditions mentioned in section 24(1)(a) and (b) are satisfied in relation to the death, and
the review partner is one of the relevant review partners in respect of the death.
In this section “the notification period”, in relation to notification by a review partner, means the period of one month beginning with the day on which the review partner becomes aware of qualifying circumstances in relation to the death in question.
Where a review under section 24 of a person’s death takes place, the review partners that arranged it must co-operate in and contribute to the carrying out of the review.
The purposes of a review under section 24 are—
to identify the lessons to be learnt from the death, and
to consider whether it would be appropriate for anyone to take action in respect of those lessons learned.
Where the review partners consider that it would be appropriate for a person to take action as mentioned in subsection (2)(b), they must inform that person.
The review partners must prepare a report on the review and send it to the Secretary of State.
The report must include—
the findings of the review,
any conclusions drawn by the review partners, and
recommendations made in light of those findings and conclusions (including those referred to in subsection (3)).
The review partners must not include in the report sent to the Secretary of State material that they consider—
might jeopardise the safety of any person, or
might prejudice the investigation or prosecution of an offence.
The Secretary of State must publish, or make arrangements for the publication of, the report, unless the Secretary of State considers it inappropriate for the report to be published.
If the Secretary of State considers it inappropriate for the report to be published, the Secretary of State must publish, or make arrangements for the publication of, so much of the contents of the report as the Secretary of State considers appropriate to be published.
A review partner may request a person to provide information specified in the request to the review partner or another review partner.
A review partner may make a request to a person under this section only if the conditions in subsections (3) and (4) are satisfied.
The condition in this subsection is that the request is made for the purpose of enabling or assisting the performance of functions conferred on a review partner by sections 24 to 28.
The condition in this subsection is that the request is made to a person whose functions or activities are considered by the review partner to be such that the person is likely to have information that would enable or assist the performance of functions conferred on a review partner by sections 24 to 28.
The person to whom a request under this section is made must comply with the request.
The review partner that made the request may enforce the duty under subsection (5) against the person by making an application to the High Court or the county court for an injunction.
A review partner may provide information to another review partner for the purpose of enabling or assisting the performance of functions under sections 24 to 28.
A person may not be required under section 29 to disclose information that the person could not be compelled to disclose in proceedings before the High Court.
A disclosure of information required or authorised by sections 27 to 29 does not breach—
any obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
But sections 27 to 29 do not require or authorise a disclosure of information that—
would contravene the data protection legislation (but in determining whether a disclosure would do so, the duty imposed or power conferred by the section in question is to be taken into account), or
is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
Sections 27 to 29 do not affect any duty or power to disclose information apart from those sections.
In this section “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).
The Secretary of State may by regulations make provision enabling the relevant review partners in respect of a person’s death to act jointly to appoint— to carry out on their behalf, in relation to the person’s death, one or more of the functions specified in the regulations.
one of themselves, or
another person,
Regulations under subsection (1) may specify some or all of the functions of a review partner under section 28 or 29 relating to a review under section 24 or a report on the review.
The Secretary of State may by regulations make provision enabling— to agree that one of them carry out on behalf of the other one or more of the functions specified in the regulations.
a county council, and
a district council for an area that is within the area of the county council,
Regulations under subsection (3) may specify some or all of the functions of a review partner under sections 24 to 29.
Review partners must have regard to any guidance issued by the Secretary of State in connection with functions conferred on them under sections 24 to 31.
Before issuing guidance under this section, the Secretary of State must consult—
persons appearing to the Secretary of State to represent review partners,
the Welsh Ministers, so far as the proposed guidance relates to a devolved Welsh authority, and
such other persons as the Secretary of State considers appropriate.
After issuing guidance under this section, the Secretary of State must lay a copy of the guidance before Parliament.
Section 31(2) to (5) of the Local Government Act 2003 (power of the Secretary of State to pay grant to local authorities in Wales) applies in relation to local health boards in Wales and expenditure incurred or to be incurred by those local health boards in the exercise of their functions under this Chapter as it applies in relation to local authorities in Wales and expenditure incurred or to be incurred by those local authorities.
The Secretary of State may exercise the power in section 208(1) so as to bring sections 24 to 30, 32 and 33 into force— only if the conditions in subsections (2) and (3) are met.
for all purposes, and
in relation to the whole of England and Wales,
The condition in this subsection is that regulations under section 208(1) have brought some or all of sections 24 to 30, 32 and 33 into force only—
for one or more specified purposes, or
in relation to one or more specified areas.
The condition in this subsection is that the Secretary of State has laid before Parliament a report on the operation of some or all of the provisions of sections 24 to 31—
for one or more of those purposes, or
in relation to one or more of those areas.
Regulations under section 208(1) which bring any provision of sections 24 to 30, 32 and 33 into force only for a specified purpose or in relation to a specified area may—
provide for that provision to be in force for that purpose or in relation to that area for a specified period;
make transitional or saving provision in connection with that provision ceasing to be in force at the end of the specified period.
Regulations containing provision by virtue of subsection (4)(a) may be amended by subsequent regulations under section 208(1) so as to continue any provision of sections 24 to 30, 32 and 33 in force— for a further specified period.
for the specified purpose, or
in relation to the specified area,
In this section “specified” means specified in regulations under section 208(1).
Regulations under this Chapter are to be made by statutory instrument.
Regulations under this Chapter—
may make different provision for different purposes and different provision for different areas;
may make consequential, supplementary, incidental, transitional, transitory or saving provision.
A statutory instrument containing regulations under this Chapter may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Subsection (3) does not apply to a statutory instrument containing only regulations under section 26(2) or (4).
A statutory instrument within subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.
In this Chapter—
in relation to Scotland, means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;
“local authority” means—
in relation to Northern Ireland, means an authority within the meaning of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));
“criminal offence” includes—
the Scottish Social Services Council, or
The Secretary of State may by regulations—
amend the definition of “review partner”, and
make such consequential amendments of this Chapter as appear to the Secretary of State to be appropriate.
Before making regulations under subsection (2), the Secretary of State must consult—
such persons as appear to the Secretary of State to represent review partners,
the Welsh Ministers, so far as the proposed regulations relate to a devolved Welsh authority, and
such other persons as the Secretary of State considers appropriate.
An authorised person may extract information stored on an electronic device from that device if—
a user of the device has voluntarily provided the device to an authorised person, and
that user has agreed to the extraction of information from the device by an authorised person.
The power in subsection (1) may be exercised only for the purposes of—
preventing, detecting, investigating or prosecuting crime,
helping to locate a missing person, or
protecting a child or an at-risk adult from neglect or physical, mental or emotional harm.
The reference in subsection (2) to crime is a reference to—
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.
For the purposes of subsection (2) an adult is an at-risk adult if the authorised person reasonably believes that the adult—
is experiencing, or at risk of, neglect or physical, mental or emotional harm, and
is unable to protect themselves against the neglect or harm or the risk of it.
An authorised person may exercise the power in subsection (1) only if—
in a case where the authorised person proposes to exercise the power for a purpose within subsection (2)(a), the authorised person reasonably believes that information stored on the electronic device is relevant to a reasonable line of enquiry which is being, or is to be, pursued by an authorised person,
in a case where the authorised person proposes to exercise the power for a purpose within subsection (2)(b) or (c), the authorised person reasonably believes that information stored on the electronic device is relevant to that purpose, and
in any case, the authorised person is satisfied that exercise of the power is necessary and proportionate to achieve the purpose within subsection (2) for which the person proposes to exercise the power.
Subsection (7) applies if the authorised person thinks that, in exercising the power, there is a risk of obtaining information other than—
information necessary for a purpose within subsection (2) for which the authorised person may exercise the power, or
information necessary for a purpose within subsection (2) of section 41 (investigations of death) for which the authorised person may exercise the power in subsection (1) of that section.
The authorised person must, to be satisfied that the exercise of the power in subsection (1) is proportionate, be satisfied that—
there are no other means of obtaining the information sought by the authorised person which avoid that risk, or
there are such other means, but it is not reasonably practicable to use them.
Subsection (9) applies if the authorised person thinks that, in exercising the power in subsection (1), there is a risk of obtaining confidential information.
The authorised person must, to be satisfied that the exercise of the power is proportionate—
have regard to the matters in subsection (10), and
be satisfied that—
there are no other means of obtaining the information sought by the authorised person which avoid that risk, or
there are such other means, but it is not reasonably practicable to use them.
The matters referred to in subsection (9)(a) are—
the amount of confidential information likely to be stored on the device, and
the potential relevance of the confidential information to—
a purpose within subsection (2) for which the authorised person may exercise the power, or
a purpose within subsection (2) of section 41 for which the authorised person may exercise the power in subsection (1) of that section.
An authorised person must have regard to the code of practice for the time being in force under section 42 in exercising, or deciding whether to exercise, the power in subsection (1).
This section does not affect any power relating to the extraction or production of information, or any power to seize any item or obtain any information, conferred by an enactment or rule of law.
In this Chapter—
References in this Chapter to the extraction of information include its reproduction in any form.
This section is subject to sections 38 (children, and adults without capacity), 39 (requirements for voluntary provision and agreement) and 40 (persons who have died etc).
A child is not to be treated for the purposes of section 37(1) as being capable of—
voluntarily providing an electronic device to an authorised person for those purposes, or
agreeing for those purposes to the extraction of information from the device by an authorised person.
If a child is a user of an electronic device, a person who is not a user of the device but is listed in subsection (3) may—
voluntarily provide the device to an authorised person for the purposes of section 37(1), and
agree for those purposes to the extraction of information from the device by an authorised person.
The persons mentioned in subsection (2) are—
a parent or guardian of the child or, if the child is in the care of a relevant authority or voluntary organisation, a person representing that authority or organisation, or
if no person within paragraph (a) is available, any responsible person who is aged 18 or over other than a relevant authorised person.
Before exercising the power under section 37(1) by virtue of subsection (2), an authorised person must, so far as it is reasonably practicable to do so—
ascertain the views of the child, and
have regard to any views so ascertained, taking account of the child’s age and maturity.
If an authorised person (“A”) exercises the power under section 37(1) as a result of action taken under subsection (2) by a person within subsection (3)(b), A must, unless A considers that it is not appropriate to do so, inform a person within subsection (3)(a) that A has exercised the power.
An adult without capacity is not to be treated for the purposes of section 37(1) as being capable of—
voluntarily providing an electronic device to an authorised person for those purposes, or
agreeing for those purposes to the extraction of information from the device by an authorised person.
If a user of an electronic device is an adult without capacity, a person who is not a user of the device but is listed in subsection (8) may—
voluntarily provide the device to an authorised person for the purposes of section 37(1), and
agree for those purposes to the extraction of information from the device by an authorised person.
The persons mentioned in subsection (7) are—
a parent or guardian of the adult without capacity or, if the adult without capacity is in the care of a relevant authority or voluntary organisation, a person representing that authority or organisation,
a registered social worker,
a person who, under a power of attorney, may make decisions for the purposes of subsection (7)(a) and (b) on behalf of the adult without capacity,
a deputy appointed under section 16 of the Mental Capacity Act 2005 or section 113 of the Mental Capacity Act (Northern Ireland) 2016 who may make decisions for the purposes of subsection (7)(a) and (b) on behalf of the adult without capacity by virtue of that appointment,
a person authorised under an intervention order under section 53 of the Adults with Incapacity (Scotland) Act 2000 (asp 4) who may make decisions for the purposes of subsection (7)(a) and (b) on behalf of the adult without capacity by virtue of that authorisation, or
if no person within any of paragraphs (a) to (e) is available, any responsible person who is aged 18 or over other than a relevant authorised person.
Nothing in this section prevents any other user of an electronic device who is not a child or an adult without capacity from—
voluntarily providing the device to an authorised person for the purposes of section 37(1), or
agreeing for those purposes to the extraction of information from the device by an authorised person.
For the purposes of this Chapter a person is an adult without capacity if—
in relation to England and Wales, the person is an adult who, within the meaning of the Mental Capacity Act 2005, lacks capacity to do the things mentioned in section 37(1)(a) and (b);
in relation to Scotland, the person is an adult (within the meaning of this Chapter) who is incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000 in relation to the matters mentioned in section 37(1)(a) and (b);
in relation to Northern Ireland, the person is an adult who, within the meaning of the Mental Capacity Act (Northern Ireland) 2016, lacks capacity to do the things mentioned in section 37(1)(a) and (b).
In this Chapter—
“local authority”—
This section is subject to section 39 (requirements for voluntary provision and agreement).
A person (“P”) is to be treated for the purposes of section 37 or 38 as having— only if the requirements of this section have been met.
voluntarily provided an electronic device to an authorised person, and
agreed to the extraction of information from the device by an authorised person,
An authorised person must not have placed undue pressure on P to provide the device or agree to the extraction of information from it.
An authorised person must have given P notice in writing—
specifying or describing the information that is sought,
specifying the reason why the information is sought,
specifying how the information will be dealt with once it has been extracted,
stating that P may refuse to provide the device or agree to the extraction of information from it, and
stating that the investigation or enquiry for the purposes of which the information is sought will not be brought to an end merely because P refuses to provide the device or agree to the extraction of information from it.
Subject to subsection (5), P must have confirmed in writing that P has—
voluntarily provided the device to an authorised person, and
agreed to the extraction of information from the device by an authorised person.
If P was unable to provide that confirmation in writing as a result of P’s physical impairment or lack of literacy skills—
P must have given that confirmation orally, and
an authorised person must have recorded P’s confirmation in writing.
If P’s confirmation was given in writing and in hard copy form, the authorised person must have given P a copy of that confirmation (in hard copy or electronic form).
If P’s confirmation was given orally, the authorised person must have given P a copy of the record of that confirmation (in hard copy or electronic form).
If any of conditions A to C is met, an authorised person may exercise the power in section 37(1) to extract information stored on an electronic device from that device even though—
the device has not been voluntarily provided to an authorised person by a user of the device, or
no user of the device has agreed to the extraction of information from the device by an authorised person.
Condition A is that—
a person who was a user of the electronic device has died, and
the person was a user of the device immediately before their death.
Condition B is that—
a user of the electronic device is a child or an adult without capacity, and
an authorised person reasonably believes that the user’s life is at risk or there is a risk of serious harm to the user.
Condition C is that—
a person who was a user of the electronic device is missing,
the person was a user of the device immediately before they went missing, and
an authorised person reasonably believes that the person’s life is at risk or there is a risk of serious harm to the person.
The exercise of the power in subsection (1) of section 37 by virtue of this section is subject to that section.
An authorised person may extract information stored on an electronic device from that device if—
a person who was a user of the electronic device has died, and
the person was a user of the device immediately before their death.
The power in subsection (1) may be exercised only for the purposes of—
an investigation into the person’s death under Chapter 1 of Part 1 of the Coroners and Justice Act 2009,
an inquest into the person’s death under the Coroners Act (Northern Ireland) 1959, or
an investigation into the person’s death by the Lord Advocate.
References in subsection (2) to the exercise of the power in subsection (1) for the purposes of an investigation or inquest include references to the exercise of that power for the purposes of determining whether an investigation should be conducted or an inquest should be held.
An authorised person may exercise the power in subsection (1) only if—
the authorised person reasonably believes that information stored on the electronic device is relevant to a purpose within subsection (2), and
the authorised person is satisfied that exercise of the power is necessary and proportionate to achieve that purpose.
Subsection (6) applies if the authorised person thinks that, in exercising the power, there is a risk of obtaining information other than—
information necessary for a purpose within subsection (2), or
information necessary for a purpose within section 37(2).
The authorised person must, to be satisfied that the exercise of the power is proportionate, be satisfied that—
there are no other means of obtaining the information sought by the authorised person which avoid that risk, or
there are such other means, but it is not reasonably practicable to use them.
Subsection (8) applies if the authorised person thinks that, in exercising the power in subsection (1), there is a risk of obtaining confidential information.
The authorised person must, to be satisfied that the exercise of the power is proportionate—
have regard to the matters in subsection (9), and
be satisfied that—
there are no other means of obtaining the information sought by the authorised person which avoid that risk, or
there are such other means, but it is not reasonably practicable to use them.
The matters referred to in subsection (8)(a) are—
the amount of confidential information likely to be stored on the device, and
the potential relevance of the confidential information to a purpose within subsection (2) or section 37(2).
An authorised person must have regard to the code of practice for the time being in force under section 42 in exercising, or deciding whether to exercise, the power in subsection (1).
This section does not affect any power relating to the extraction or production of information, or any power to seize any item or obtain any information, conferred by an enactment or rule of law.
The Secretary of State must prepare a code of practice containing guidance about the exercise of the powers in sections 37(1) and 41(1).
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 Scottish Ministers,
the Department of Justice in Northern Ireland,
the Commissioner for Victims and Witnesses,
the Domestic Abuse Commissioner,
the Commission for Victims and Survivors for Northern Ireland, and
such other persons as the Secretary of State considers appropriate.
Subsection (3)(f) does not apply on or after the day appointed under Article 4(4) of the Victims and Survivors (Northern Ireland) Order 2006 (S.I. 2006/2953 (N.I. 17)) (power to revoke Article 4).
After preparing the code, the Secretary of State must lay it before Parliament and publish it.
The code is to be brought into force by regulations made by statutory instrument.
A statutory instrument containing regulations under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.
After the code has come into force the Secretary of State may from time to time revise it.
A failure on the part of an authorised 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.
References in subsections (2) to (10) to the code include a revised code, subject to subsection (12).
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.
In this Chapter “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 subsection (1)(b) “protected material”—
in relation to England and Wales means—
items subject to legal privilege, within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act),
material falling within section 11(1)(a) of that Act (certain personal records held in confidence), or
material to which section 14(2) of that Act applies (other material acquired in the course of a trade etc that is held in confidence);
in relation to Scotland means—
items in respect of which a claim to confidentiality of communications could be maintained in legal proceedings, or
other material of a kind mentioned in paragraph (a)(ii) or (iii) of this subsection;
in relation to Northern Ireland, means—
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),
material falling with Article 13(1)(a) of that Order (certain personal records held in confidence), or
material to which Article 16(2) of that Order applies (other material acquired in the course of a trade etc that is held in confidence).
Subject to subsections (2) and (3), in this Chapter “authorised person” means a person listed in Schedule 3.
The power in subsection (1) of section 37 may be exercised for a purpose mentioned in subsection (2)(b) or (c) of that section only by a person listed in Part 1 or 2 of Schedule 3.
The power in section 41(1) may be exercised only by a person listed in Part 1 of Schedule 3.
The Secretary of State may by regulations made by statutory instrument amend Schedule 3—
so as to add a reference to a person;
so as to remove a reference to a person;
so as to modify a description of a person mentioned in that Schedule.
Regulations under subsection (4) may contain transitional, transitory or saving provision.
The Secretary of State must consult the Scottish Ministers before making regulations under subsection (4) if and so far as the regulations make provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under subsection (4) if and so far as the regulations make provision that, if it were contained in an Act of the Northern Ireland Assembly—
would be within the legislative competence of that Assembly, and
would not require the consent of the Secretary of State.
Subject to subsection (9), a statutory instrument containing regulations under subsection (4)(a) (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.
Subsection (8) does not apply to a statutory instrument containing regulations which—
remove a reference to a person from Part 1 of Schedule 3 and add a reference to that person to Part 2 or 3 of that Schedule, or
remove a reference to a person from Part 2 of that Schedule and add a reference to that person to Part 3 of that Schedule.
A statutory instrument containing— and which is not a statutory instrument to which subsection (8) applies is subject to annulment in pursuance of a resolution of either House of Parliament.
regulations under subsection (4)(a) to which subsection (9) applies, or
regulations under subsection (4)(b) or (c),
Schedule 4 contains amendments relating to pre-charge bail.
In that Schedule—
Part 1 makes provision relating to the grant of pre-charge bail,
Part 2 makes provision about the factors to be taken into account in determining whether to grant pre-charge bail,
Part 3 makes provision requiring the views of alleged victims to be sought in relation to the grant or variation of pre-charge bail subject to conditions,
Part 4 makes provision relating to limits on periods of pre-charge bail,
Part 5 makes provision about the determination of a period of police detention following a person’s arrest for breach of pre-charge bail, and
Part 6 makes provision for guidance about pre-charge bail.
An amendment made by Schedule 4—
applies in relation to a person arrested for an offence only if the person was arrested for the offence after the coming into force of that amendment,
applies in relation to a person arrested under section 46A of the Police and Criminal Evidence Act 1984 (failure to answer to police bail etc) only if the person was arrested after the coming into force of that amendment for the offence for which the person was originally released on bail, and
applies in relation to a person arrested under section 24A of the Criminal Justice Act 2003 (failure to comply with conditional caution) only if the person was arrested after the coming into force of that amendment for the offence in respect of which the caution was given.
Section 14 of the Sexual Offences Act 2003 (arranging or facilitating commission of a child sex offence) is amended in accordance with subsections (2) and (3).
In subsection (1), in paragraph (b), for “9” substitute “5”.
In subsection (4), for paragraphs (a) and (b) substitute “to the penalty to which the person would be liable on conviction of the offence within subsection (1)(b)”.
The Sexual Offences Act 2003 is amended as follows.
After section 22 insert—
In section 138(2) (orders and regulations) after “section 21,” insert “22A,”.
Section 67A of the Sexual Offences Act 2003 (voyeurism: additional offences) is amended as follows.
After subsection (2) insert—
In subsection (3), for “and (2)” substitute “to (2B)”.
After subsection (3) insert—
After section 39 of the Criminal Justice Act 1988 insert—
— any offence committed by destroying or damaging property by fire, and any offence committed by destroying or damaging a memorial (see section 22(11A) to (11D)).
In section 22 of that Act, after subsection (11) insert—
The amendments made by this section do not apply in relation to offences committed before it comes into force.
Schedule 5 contains amendments to the Crime (Overseas Production Orders) Act 2019.
The Police and Criminal Evidence Act 1984 is amended as follows.
In section 64A (photographing of suspects etc.), after subsection (1B) insert—
Schedule 2A (fingerprinting and samples: power to require attendance at police station) is amended in accordance with subsections (4) to (8).
In the heading of the Schedule, for “and samples” substitute “, samples and photographs”.
After Part 3 insert—
In the italic heading before paragraph 15 (requirement to have power to take fingerprints or sample), for “or sample” substitute “, sample or photograph”.
In paragraph 15—
for “or a sample” substitute “, a sample or a photograph”, and
for “or sample”, in both places it occurs, substitute “, sample or photograph”.
In paragraph 16(2) (date and time of attendance), for “or sample” substitute “, sample or photograph”.
Paragraph 16 of Schedule 2A to the Police and Criminal Evidence Act 1984 (attendance at police station for fingerprinting and taking of samples: date and time of attendance) is amended as follows.
A requirement under this Schedule—
In sub-paragraph (2), for “period or time or times of day” substitute “date, time or times”.
Omit sub-paragraphs (3) and (4).
In sub-paragraph (5), for “any period within which, or date or time at which,” substitute “any date, time at which or times between which”.
The amendments made by this section apply only in relation to a requirement to attend a police station given under Schedule 2A to the Police and Criminal Evidence Act 1984 after the coming into force of this section.
In the Police and Criminal Evidence Act 1984, after section 114B insert—
In the Criminal Justice and Public Order Act 1994, after section 39 insert—
In the Food Standards Act 1999, after section 25 insert—
In the Police Reform Act 2002—
in section 10 (general functions of the Director General)—
in subsection (1), at the end of paragraph (ga) insert ; and, and
in subsection (3), after paragraph (bd) insert—, and
after section 26D insert—
The amendments made by subsections (1) to (3) and any regulations made under provision inserted by subsections (1) and (2) bind the Crown.
No contravention by the Crown of section 25A of the Food Standards Act 1999 (as inserted by subsection (3)) makes the Crown criminally liable; but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention.
That section applies to persons in the public service of the Crown as it applies to other persons.
If the Secretary of State certifies that it appears requisite or expedient in the interests of national security that any powers of entry conferred by regulations made under provision inserted by subsection (1) should not be exercisable in relation to any Crown premises specified in the certificate, those powers shall not be exercisable in relation to those premises.
In this section “Crown premises” means premises held or used by or on behalf of the Crown.
Nothing in this section affects Her Majesty in her private capacity; and this subsection is to be interpreted as if section 38(3) of the Crown Proceedings Act 1947 (references to Her Majesty in her private capacity) were contained in this Act.
On an application made by a constable, a justice of the peace may issue a warrant authorising a constable to enter and search premises if the justice of the peace is satisfied that the following conditions are met.
The first condition is that there are reasonable grounds for believing that there is material on the premises mentioned in subsection (5) that consists of, or may relate to the location of, relevant human remains.
The second condition is that there are reasonable grounds for believing that the material does not consist of or include—
items subject to legal privilege,
excluded material, or
special procedure material.
The third condition is that there are reasonable grounds for believing, in relation to each set of premises specified in the application—
that it is not practicable to communicate with any person entitled to grant entry to the premises,
that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the material,
that entry to the premises will not be granted unless a warrant is produced, or
that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.
The premises referred to in subsection (2) are—
one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”), or
any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).
If the application is for an all premises warrant, the justice of the peace must also be satisfied—
that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in subsection (2), and
that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched.
The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the justice of the peace issues the warrant.
If the warrant authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.
A constable may—
seize and retain anything for which a search has been authorised under subsection (1), and
if necessary, use reasonable force in the exercise of a power conferred by a warrant issued under this section.
The power to issue a warrant conferred by this section is in addition to any such power otherwise conferred.
In this section, section 56 and Schedule 6 “relevant human remains” means the body or any other human remains of—
a person who the constable making the application reasonably believes to have died in England and Wales but whose death has not been registered under section 15 of the Births and Deaths Registration Act 1953,
a person whose death has been registered under that Act following an investigation under section 1(5) of the Coroners and Justice Act 2009, or
a person in respect of whom a declaration has been made under section 2 of the Presumption of Death Act 2013.
In this section, section 56 and Schedule 6 the following expressions have the same meaning as in the Police and Criminal Evidence Act 1984—
“items subject to legal privilege” (see section 10 of that Act);
“excluded material” (see section 11 of that Act);
“special procedure material” (see section 14 of that Act);
“premises” (see section 23 of that Act).
Schedule 6 makes provision for a constable to obtain access to excluded material or special procedure material that consists of, or relates to the location of, relevant human remains.
Section 4 of the Summary Jurisdiction (Process) Act 1881 (which includes provision for the execution of process of English and Welsh courts in Scotland) and section 29 of the Petty Sessions (Ireland) Act 1851 (which makes equivalent provision for execution in Northern Ireland) apply to any process issued by a judge under Schedule 6 to this Act as they apply to process issued by a magistrates’ court under the Magistrates’ Courts Act 1980.
In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (powers of seizure to which section 50 of that Act applies), at the end insert—
The Criminal Justice Act 1991 is amended as follows.
Section 80 (arrangements for the provision of prisoner escorts) is amended in accordance with subsections (3) to (5).
In subsection (1), after paragraph (b) insert—.
After subsection (1A) insert—
In subsection (4), at the appropriate place insert—.
Section 82 (powers and duties of prisoner custody officers) is amended in accordance with subsections (7) and (8).
After subsection (4) insert—
In subsection (5) for “and (4)” substitute “, (4) and (4B)”.
In section 303Z1 of the Proceeds of Crime Act 2002 (application for account freezing order)—
omit subsections (5A) and (5B), and
in subsection (6), at the appropriate place insert—
In section 316(1) of that Act (general interpretation), in the definition of “relevant financial institution”, after “303Z1” insert “(6)”.
In section 48 of the Financial Services Act 2021 (extent)—
in subsection (1), for “subsections (2) and (3)” substitute “subsection (2)”, and
omit subsection (3).
In paragraph 14 of Schedule 12 to that Act (forfeiture of money: electronic money institutions and payment institutions) omit sub-paragraphs (3) and (4).
The Secretary of State may issue a code of practice about the processing by a relevant person of personal data relating to a hate incident.
In this section “hate incident” means an incident or alleged incident which involves or is alleged to involve an act by a person (“the alleged perpetrator”) which is perceived by a person other than the alleged perpetrator to be motivated (wholly or partly) by hostility or prejudice towards persons with a particular characteristic.
The provision that may be made by a code of practice under this section includes, in particular, provision about—
whether and how personal data relating to a hate incident should be recorded;
the persons who are to process such personal data;
the circumstances in which a data subject should be notified of the processing of such personal data;
the retention of such personal data, including the period for which it should be retained and the circumstances in which and the procedures by which that period might be changed;
the consideration by a relevant person of requests by the data subject relating to such personal data.
But a code of practice under this section must not make provision about—
the processing of personal data for the purposes of a criminal investigation, or
the processing of personal data relating to the alleged perpetrator of a hate incident at any time after they have been charged with an offence relating to the hate incident.
A code of practice under this section may make different provision for different purposes.
A relevant person must have regard to the code of practice that is for the time being in force under this section in processing personal data relating to a hate incident.
In this section—
In this section “relevant person” means—
a member of a police force in England and Wales,
a special constable appointed under section 27 of the Police Act 1996,
a member of staff appointed by the chief officer of police of a police force in England and Wales,
a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002,
an employee of the Common Council of the City of London who is under the direction and control of a chief officer of police,
a constable of the British Transport Police Force,
a special constable of the British Transport Police Force appointed under section 25 of the Railways and Transport Safety Act 2003,
an employee of the British Transport Police Authority appointed under section 27 of that Act,
a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002 as applied by section 28 of the Railways and Transport Safety Act 2003, or
a National Crime Agency officer.
The Secretary of State may not issue a code of practice under section 60 unless a draft of the code has been laid before and approved by a resolution of each House of Parliament.
The Secretary of State may from time to time revise and reissue a code of practice under section 60.
Before reissuing a code of practice the Secretary of State must lay a draft of the code as proposed to be reissued before Parliament.
If, within the 40-day period, either House of Parliament resolves not to approve the code of practice laid under subsection (3)—
the code is not to be reissued, and
the Secretary of State may prepare another code.
If no such resolution is passed within the 40-day period, the Secretary of State may reissue the code of practice.
In this section “the 40-day period” means—
the period of 40 days beginning with the day on which the draft is laid before Parliament, or
if the draft is not laid before each House on the same day, the period of 40 days beginning with the later of the days on which it is laid before Parliament.
In calculating the 40-day period no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses of Parliament are adjourned for more than 4 days.
Section 1 of the Night Poaching Act 1828 (taking or destroying game or rabbits by night or entering land for that purpose) is amended in accordance with subsections (2) to (4).
The existing text becomes subsection (1).
In that subsection—
after “conviction” insert “to imprisonment for a term not exceeding 51 weeks,”, and
for “not exceeding level 3 on the standard scale” substitute “or to both”.
After that subsection insert—
Section 30 of the Game Act 1831 (trespass in daytime in search of game etc) is amended in accordance with subsections (6) to (8).
The existing text becomes subsection (1).
In that subsection—
for the words from “conviction”, in the first place it occurs, to “seem meet”, in the second place it occurs, substitute “summary conviction, be liable to imprisonment for a term not exceeding 51 weeks, to a fine or to both”, and
for “each of the two offences” substitute “the offence”.
After that subsection insert—
In section 4A of the Game Laws (Amendment) Act 1960 (forfeiture of vehicles), in subsection (1), omit “as one of five or more persons liable under that section”.
The amendments made by this section have effect only in relation to offences committed on or after the day on which this section comes into force.
A person commits an offence if they trespass on land with the intention of—
using a dog to search for or to pursue a hare,
facilitating or encouraging the use of a dog to search for or to pursue a hare, or
enabling another person to observe the use of a dog to search for or to pursue a hare.
It is a defence for a person charged with an offence under subsection (1) to prove that they had a reasonable excuse for the trespass mentioned in that subsection.
A person guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to both.
In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (3) to 51 weeks is to be read as a reference to 6 months.
A person commits an offence if they have an article with them in a place other than a dwelling with the intention that it will be used in the course of or in connection with the commission by any person of an offence under section 63 (trespass with intent to search for or to pursue hares with dogs etc).
Where a person is charged with an offence under subsection (1), proof that the person had with them any article made or adapted for use in committing an offence under section 63 is evidence that the person had it with them with the intention that it would be used in the course of or in connection with the commission by any person of an offence under that section.
A person guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to both.
In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (3) to 51 weeks is to be read as a reference to 6 months.
In this section—
This section applies where—
a person is convicted of an offence within subsection (5) which was committed on or after the day on which this section comes into force,
a dog was used in or was present at the commission of the offence, and
the dog was lawfully seized and detained in connection with the offence.
The court may make an order (a “recovery order”) requiring the offender to pay all the expenses incurred by reason of the dog’s seizure and detention.
Any sum required to be paid under subsection (2) is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.
Where a recovery order is available for an offence, the court may make such an order whether or not it deals with the offender in any other way for the offence.
The following offences are within this subsection—
an offence under section 1 of the Night Poaching Act 1828 (taking or destroying game or rabbits by night or entering land for that purpose);
an offence under section 30 of the Game Act 1831 (trespass in daytime in search of game etc);
an offence under section 63 (trespass with intent to search for or to pursue hares with dogs etc);
an offence under section 64 (being equipped for searching for or pursuing hares with dogs etc).
This section applies where—
a person is convicted of an offence within subsection (9) which was committed on or after the day on which this section comes into force, and
a dog was used in or was present at the commission of the offence.
The court may make an order (a “disqualification order”) disqualifying the offender, for such period as the court thinks fit, from—
owning dogs,
keeping dogs, or
both.
The disqualification order may specify a period during which the offender may not make an application under section 68 to terminate the order.
The court may, where it appears to the court that the offender owns or keeps a dog, suspend the operation of the disqualification order for such period as it thinks necessary for enabling alternative arrangements to be made in respect of the dog.
Where a court makes a disqualification order, it must—
give its reasons for making the order in open court, and
cause them to be entered in the register of its proceedings.
A person who breaches a disqualification order commits an offence.
A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Where a disqualification order is available for an offence, the court may make such an order whether or not it deals with the offender in any other way for the offence.
The following offences are within this subsection—
an offence under section 1 of the Night Poaching Act 1828 (taking or destroying game or rabbits by night or entering land for that purpose);
an offence under section 30 of the Game Act 1831 (trespass in daytime in search of game etc);
an offence under section 63 (trespass with intent to search for or to pursue hares with dogs etc);
an offence under section 64 (being equipped for searching for or pursuing hares with dogs etc).
In section 171 of the Sentencing Code (offences relating to animals), after subsection (2) insert—
Where, on a court making a disqualification order, it appears to the court that the person to whom the order applies owns or keeps a dog contrary to the order, the court may order that the dog be taken into possession.
Where a person is convicted of an offence under section 66(6) by reason of owning or keeping a dog in breach of a disqualification order, the court by which the person is convicted may order that all dogs owned or kept in breach of the order be taken into possession.
An order under subsection (1) or (2), so far as relating to any dog owned by the person to whom the disqualification order applies, must make provision for disposal of the dog.
Any dog taken into possession in pursuance of an order under subsection (1) or (2) that is not owned by the person subject to the disqualification order is to be dealt with in such manner as an appropriate court may order.
But an order under subsection (4) may not provide for the dog to be—
destroyed, or
disposed of for the purposes of vivisection.
A court may not make an order for disposal of the dog under subsection (4) unless—
it has given the owner of the dog an opportunity to be heard, or
it is satisfied that it is not reasonably practicable to communicate with the owner.
Where a court makes an order under subsection (4) for the disposal of the dog, the owner of the dog may appeal against the order to the Crown Court.
In this section—
In this section references to disposing of a dog do not include—
destroying it, or
disposing of it for the purposes of vivisection.
A person who is subject to a disqualification order may apply to an appropriate court for the order to be terminated.
No application under subsection (1) may be made—
before the end of the period of one year beginning with the date on which the disqualification order was made,
where a previous application under that subsection has been made in relation to the same order, before the end of the period of one year beginning with the date on which the previous application was determined, or
before the end of any period specified under section 66(3), or subsection (5), in relation to the order.
On an application under subsection (1), the court may—
terminate the disqualification order,
vary the order so as to make it less onerous, or
refuse the application.
When determining an application under subsection (1), the court is to have regard to—
the character of the applicant,
the applicant’s conduct since the disqualification order was made, and
any other relevant circumstances.
Where the court refuses an application under subsection (1) or varies a disqualification order on such an application, it may specify a period during which the applicant may not make a further application under that subsection in relation to the order concerned.
The court may order an applicant to pay all or part of the costs of an application.
In this section—
The court by which an order under section 67 is made may—
appoint a person to carry out, or arrange for the carrying out of, the order;
require any person who has possession of a dog to which the order applies to deliver it up to enable the order to be carried out;
give directions with respect to the carrying out of the order;
confer additional powers (including power to enter premises where a dog to which the order applies is being kept) for the purpose of, or in connection with, the carrying out of the order;
order the person who committed the offence in relation to which the order was made, or another person, to reimburse the expenses of carrying out the order.
A person who fails to comply with a requirement imposed under subsection (1)(b) commits an offence.
A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Directions under subsection (1)(c) may—
specify the manner in which a dog is to be disposed of, or
delegate the decision about the manner in which a dog is to be disposed of to a person appointed under subsection (1)(a).
In determining how to exercise its powers under section 67 and this section the court is to have regard (amongst other things) to—
the desirability of protecting the value of any dog to which the order under section 67 applies, and
the desirability of avoiding increasing any expenses which a person may be ordered to reimburse.
In determining how to exercise a power delegated under subsection (4)(b), a person is to have regard, amongst other things, to the things mentioned in subsection (5)(a) and (b).
If the owner of a dog ordered to be disposed of under section 67 is subject to a liability by virtue of subsection (1)(e), any amount to which the owner is entitled as a result of sale of the dog may be reduced by an amount equal to that liability.
Any sum ordered to be paid under subsection (1)(e) is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.
In this section references to disposing of a dog do not include—
destroying it, or
disposing of it for the purposes of vivisection.
Nothing may be done under an order under section 66 or 67 with respect to a dog unless—
the period for giving notice of appeal against the order has expired,
the period for giving notice of appeal against the conviction on which the order was made has expired, and
if the order or conviction is the subject of an appeal, the appeal has been determined or withdrawn.
Where the effect of an order is suspended under subsection (1)—
no requirement imposed or directions given in connection with the order have effect, but
the court may give directions about how any dog to which the order applies is to be dealt with during the suspension.
Directions under subsection (2)(b) may, in particular—
authorise the dog to be taken into possession;
authorise the dog to be cared for either on the premises where it was being kept when it was taken into possession or at some other place;
appoint a person to carry out, or arrange for the carrying out of, the directions;
require any person who has possession of the dog to deliver it up for the purposes of the directions;
confer additional powers (including power to enter premises where the dog is being kept) for the purpose of, or in connection with, the carrying out of the directions;
provide for the recovery of any expenses in relation to the removal or care of the dog which are incurred in carrying out the directions.
A person who fails to comply with a requirement imposed under subsection (3)(d) commits an offence.
A person guilty an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Any sum directed to be paid under subsection (3)(f) is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.
The Secretary of State must, before the end of the relevant period—
prepare and publish a report—
about the nature and prevalence of the conduct described in subsection (2), and
setting out any steps Her Majesty’s Government has taken or intends to take in relation to the matters referred to in sub-paragraph (i), and
lay the report before Parliament.
The conduct referred to in subsection (1)(a)(i) is a person intentionally administering a substance to, or causing a substance to be taken by, another person—
without the consent of that other person, and
with the intention of causing harm (whether or not amounting to an offence) to that other person.
In subsection (1), the “relevant period” means the period of 12 months beginning with the day on which this Act is passed.
The Secretary of State must, before the end of the period of 12 months beginning with the day on which this Act is passed—
prepare and publish a response to Recommendation 8 of the Law Commission report on hate crime (adding sex or gender as a protected characteristic for the purposes of aggravated offences and enhanced sentencing), and
lay the response before Parliament.
In this section “the Law Commission report on hate crime” means the Law Commission report “Hate Crime Laws” that was published on 7 December 2021.
Section 12 of the Public Order Act 1986 (imposing conditions on public processions) is amended as follows.
In subsection (1)—
for the “or” at the end of paragraph (a) substitute—, and
in the words following paragraph (b), after “disruption” insert “, impact”.
After subsection (2) insert—
After subsection (11) insert—
The Secretary of State must, before the end of the period of 2 years beginning with the day on which this section comes into force—
prepare and publish a report on the operation of the amendments to section 12 of the Public Order Act 1986 made by this section, and
lay the report before Parliament.
Section 14 of the Public Order Act 1986 (imposing conditions on public assemblies) is amended as follows.
In subsection (1)—
for “If” substitute “Subsection (1A) applies if”,
for the “or” at the end of paragraph (a) substitute—, and
omit the words after paragraph (b).
After subsection (1) insert—
In subsection (2), for “subsection (1)” substitute “this section”.
After subsection (2) insert—
After subsection (10A) (as inserted by section 75(11)) insert—
The Secretary of State must, before the end of the period of 2 years beginning with the day on which this section comes into force—
prepare and publish a report on the operation of the amendments to section 14 of the Public Order Act 1986 made by this section, and
lay the report before Parliament.
The Public Order Act 1986 is amended as follows.
Section 12 (imposing conditions on public processions) is amended in accordance with subsections (3) to (6).
In subsection (4)—
for “A person” substitute “Subject to subsection (5A), a person”, and
omit “knowingly”.
In subsection (5)—
for “A person” substitute “Subject to subsection (5A), a person”, and
omit “knowingly”.
After subsection (5) insert—
For subsections (8) to (10) substitute—
Section 14 (imposing conditions on public assemblies) is amended in accordance with subsections (8) to (11).
In subsection (4)—
for “A person” substitute “Subject to subsection (5A), a person”, and
omit “knowingly”.
In subsection (5)—
for “A person” substitute “Subject to subsection (5A), a person”, and
omit “knowingly”.
After subsection (5) insert—
For subsections (8) to (10) substitute—
Subsections (6) and (11) apply only in relation to offences committed on or after the day on which this section comes into force.
Part 3 of the Police Reform and Social Responsibility Act 2011 (Parliament Square etc) is amended as follows.
In section 142A (other controlled areas in vicinity of the Palace of Westminster)—
in subsection (1)—
in paragraph (a), after sub-paragraph (i) insert—, and
after paragraph (a) insert—, and
after subsection (1) insert—
In section 143 (prohibited activities in controlled area of Parliament Square or in Palace of Westminster controlled area)—
in subsection (2), after paragraph (e) insert—,
in subsection (3)(b) for “relevant authority” substitute “relevant person”,
after subsection (4) insert—,
in subsection (5)—
in the words before paragraph (a), for ““relevant authority”” substitute ““relevant person””,
omit “or” at the end of paragraph (b), and
after paragraph (c) insert—, and
after subsection (5) insert—
Subsection (2) does not affect—
any direction given under section 143(1) of the Police Reform and Social Responsibility Act 2011 before the day on which this section came into force,
any order made under section 146(1)(b) of that Act before that day, or
any authorisation given under section 147 of that Act before that day.
Any such direction, order or authorisation applies in relation to the Palace of Westminster controlled area as defined by section 142A(1) of that Act as it had effect immediately before that day.
After section 149 of the Police Reform and Social Responsibility Act 2011 insert—
A person commits an offence if—
the person—
does an act, or
omits to do an act that they are required to do by any enactment or rule of law,
the person’s act or omission—
creates a risk of, or causes, serious harm to the public or a section of the public, or
obstructs the public or a section of the public in the exercise or enjoyment of a right that may be exercised or enjoyed by the public at large, and
the person intends that their act or omission will have a consequence mentioned in paragraph (b) or is reckless as to whether it will have such a consequence.
In subsection (1)(b)(i) “serious harm” means—
death, personal injury or disease,
loss of, or damage to, property, or
serious distress, serious annoyance, serious inconvenience or serious loss of amenity.
It is a defence for a person charged with an offence under subsection (1) to prove that they had a reasonable excuse for the act or omission mentioned in paragraph (a) of that subsection.
A person guilty of an offence under subsection (1) is liable—
on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine or to both;
on conviction on indictment, to imprisonment for a term not exceeding 10 years, to a fine or to both.
In relation to an offence committed before the coming into force of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 (increase in magistrates’ court power to impose imprisonment) the reference in subsection (4)(a) to 12 months is to be read as a reference to 6 months.
The common law offence of public nuisance is abolished.
Subsections (1) to (6) do not apply in relation to—
any act or omission which occurred before the coming into force of those subsections, or
any act or omission which began before the coming into force of those subsections and continues after their coming into force.
This section does not affect—
the liability of any person for an offence other than the common law offence of public nuisance,
the civil liability of any person for the tort of public nuisance, or
the ability to take any action under any enactment against a person for any act or omission within subsection (1).
In this section “enactment” includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978.
After section 14 of the Public Order Act 1986 insert—
The Secretary of State must, before the end of the period of 2 years beginning with the day on which this section comes into force—
prepare and publish a report on the operation of section 14ZA of the Public Order Act 1986, and
lay the report before Parliament.
Section 137 of the Highways Act 1980 (penalty for wilful obstruction) is amended as follows.
In subsection (1)—
after “liable to” insert “imprisonment for a term not exceeding 51 weeks or”;
for “not exceeding level 3 on the standard scale” substitute “or both”.
After subsection (1) insert—
The Vagrancy Act 1824 is repealed.
Subsections (3) to (7) contain amendments and repeals in consequence of subsection (1).
The following are repealed—
the Vagrancy Act 1935;
section 2(3)(c) of the House to House Collections Act 1939 (licences);
section 20 of the Criminal Justice Act 1967 (power of magistrates’ court to commit on bail for sentence);
in the Criminal Justice Act 1982—
section 70 and the italic heading immediately before that section (vagrancy offences), and
paragraph 1 of Schedule 14 and the italic heading immediately before that paragraph (minor and consequential amendments);
section 43(5) of the Mental Health Act 1983 (power of magistrates’ courts to commit for restriction order);
section 26(5) of the Criminal Justice Act 1991 (alteration of certain penalties);
in the Criminal Justice Act 2003—
paragraphs 1 and 2 of Schedule 25 and the italic heading immediately before those paragraphs (summary offences no longer punishable with imprisonment), and
paragraphs 145 and 146 of Schedule 32 and the italic heading immediately before those paragraphs (amendments relating to sentencing);
paragraph 18 of Schedule 8 to the Serious Organised Crime and Police Act 2005 (powers of accredited persons).
In section 81 of the Public Health Acts Amendment Act 1907 (extending definition of public place and street for certain purposes), omit the words from “shall”, in the first place it occurs, to “public place, and”.
In section 48(2) of the Forestry Act 1967 (powers of entry and enforcement), omit “or against the Vagrancy Act 1824”.
In the Police Reform Act 2002—
in Schedule 3C (powers of community support officers and community support volunteers)—
omit paragraph 3(3)(b),
omit paragraph 7(3),
in paragraph 7(4), omit “or (3)”, and
in paragraph 7(7)(a), omit “or (3)”, and
in Schedule 5 (powers exercisable by accredited persons), omit paragraph 2(3)(aa).
In the Sentencing Code—
in section 20(1) (committal in certain cases where offender committed in respect of another offence)—
at the end of paragraph (e), insert “or”, and
omit paragraph (g) (and the “or” immediately before it), and
omit section 24(1)(f) (further powers to commit offender to the Crown Court to be dealt with).
The amendments and repeals made by this section do not apply in relation to an offence committed before this section comes into force.
The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.
After section 59 insert—
After section 60 insert—
After section 72 insert—
Schedule 7 contains amendments relating to subsections (1) to (4).
At the beginning of Part 5 of the Criminal Justice and Public Order Act 1994, before the italic heading before section 61, insert—
In the heading to Part 5 of the Criminal Justice and Public Order Act 1994, after “Order:” insert “Unauthorised encampments and ”.
The Criminal Justice and Public Order Act 1994 is amended as follows.
Section 61 (power to remove trespassers on land) is amended in accordance with subsections (3) to (7).
In subsection (1)—
in paragraph (a), after “persons” insert —, and
at the beginning of paragraph (b) insert “in either case,”.
In subsection (4)(b) for “period of three months beginning with the day on which the direction was given” substitute “prohibited period”.
After subsection (4) insert—
In subsection (9), in the definition of “land”, in paragraph (b)—
in the words before sub-paragraph (i), after “land” insert “in Scotland”, and
omit sub-paragraph (i) (together with the final “or”).
After subsection (9) insert—
In section 62 (powers to seize property related to offence under section 61)—
in subsection (1)(b) for “period of three months beginning with the day on which the direction was given” substitute “prohibited period”, and
after subsection (1) insert—
In section 62B(2) (failure to comply with direction under section 62A: offences) for “3” substitute “twelve”.
In section 62C(2) (failure to comply with direction under section 62A: seizure) for “3” substitute “twelve”.
In section 68(5) (offence of aggravated trespass), for paragraph (a) substitute—.
The amendments made by subsections (4), (5), (8), (9) and (10) do not apply in relation to a direction given under section 61 or 62A of the Criminal Justice and Public Order Act 1994 before the coming into force of this section.
After section 62E of the Criminal Justice and Public Order Act 1994 insert—
Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts) is amended as follows.
In the entry relating to section 1 of the Road Traffic Act 1988 (causing death by dangerous driving), in column (4) (punishment), for “14 years” substitute “Imprisonment for life”.
In the entry relating to section 3A of the Road Traffic Act 1988 (causing death by careless driving when under influence of drink or drugs), in column (4) (punishment), for “14 years” substitute “Imprisonment for life”.
Section 34 of the Road Traffic Offenders Act 1988 (disqualification for certain offences) is amended as follows.
In subsection (3), in the words after paragraph (d)—
after “the offence” insert “(“the new offence”)”;
for “three years” substitute “the period specified in subsection (3A)”.
The period is—
In subsection (4)—
in the words before paragraph (a), after “(3) above” insert “and subsection (4ZA) below”;
in paragraph (a)—
omit sub-paragraph (ii) (and the “or” after it);
in sub-paragraph (iia), for “that Act” substitute “the Road Traffic Act 1988”;
omit sub-paragraph (iii) (and the “or” before it, but not the “and” after it).
Subsection (1) shall apply as if the reference to twelve months were a reference to five years in relation to a person convicted of— but this is subject to subsection (3) in cases within paragraph (a) of subsection (3A).
A provision of this section does not apply in relation to offences committed before the provision comes into force.
In the Road Traffic Act 1988, after section 2B (causing death by careless, or inconsiderate, driving) insert—
In section 3ZA of that Act (meaning of careless, or inconsiderate, driving), in subsection (1), after “sections 2B” insert “, 2C”.
RTA section 2C Causing serious injury by careless, or inconsiderate, driving (a) Summarily (a) On conviction in England and Wales: 12 months or a fine or both Obligatory Obligatory 3-11 On conviction in Scotland: 12 months or the statutory maximum or both (b) On indictment (b) 2 years or a fine or both
In the entries in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 relating to an offence under section 2C of the Road Traffic Act 1988 (causing serious injury by careless, or inconsiderate, driving), in relation to an offence committed before paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, the reference in column (4) (punishment) to 12 months on summary conviction in England and Wales is to be read as a reference to 6 months.
Schedule 8 contains amendments relating to sections 86 and 87.
After section 90F of the Road Traffic Offenders Act 1988 insert—
After Article 91F of the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10)) insert—
The Secretary of State may by regulations amend Part 3B of the Road Traffic Offenders Act 1988 for the purpose of making provision corresponding or similar to section 90G or 90H of that Act in relation to courses offered as an alternative to prosecution in Scotland for a fixed penalty offence.
In subsection (3) “fixed penalty offence” means an offence that is a fixed penalty offence for the purposes of Part 3 of the Road Traffic Offenders Act 1988 (see section 51 of that Act).
The Secretary of State must consult the Lord Advocate before making regulations under subsection (3).
The power to make regulations under subsection (3) is exercisable by statutory instrument.
A statutory instrument containing regulations under subsection (3) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Section 102 of the Road Traffic Regulation Act 1984 (charges for removal, storage and disposal of vehicles), as it forms part of the law of England and Wales, is amended as follows.
In subsection (2), for the words before paragraph (a) substitute “In any such case (but subject in the case of a local authority to subsection (2A))—”.
For subsection (2A) substitute—
The Road Traffic Offenders Act 1988 is amended as follows.
In section 7 (trial: duty of accused to provide licence to the court)—
for subsection (1) substitute—;
omit subsections (1A), (1B), (1C) and (2).
In section 27 (sentence: production of licence to the court)—
for subsection (1) substitute—;
in subsection (3)(b), at the beginning insert “unless the licence is already treated as being revoked under section 37(1),”.
After section 37 of the Road Traffic Offenders Act 1988 insert—
Section 37A(4) of this Act Failure to surrender licence to Secretary of State Summarily Level 3 on the standard scale
The Road Traffic Offenders Act 1988 is amended as follows.
In section 52 (fixed penalty notices), after subsection (2) insert—
In section 54 (notices on-the-spot etc)—
in subsection (3)—
omit “, and” at the end of paragraph (a);
omit paragraph (b);
omit subsections (4), (5), (5A), (5B), (6), (7) and (9).
In section 69 (payment of penalties)—
in subsection (2), after “method” insert “and subject to subsection (2A)”;
after that subsection, insert—;
after subsection (3), insert—
The Road Traffic Offenders Act 1988 is amended as follows.
In section 75 (issue of conditional offer)—
in subsection (7), after paragraph (b) (but before the “and” immediately after it) insert—;
in subsection (8A)(a), for sub-paragraph (ii) substitute—;
after subsection (8A) insert—
In section 76 (effect of offer and payment of penalty)—
in subsection (2), for “makes payment of the fixed penalty in accordance with the conditional offer” substitute “has fulfilled the conditions specified in the conditional offer under section 75(8A)(a)”;
in subsection (3)(b), omit the words from “together” to “his licence”;
in subsection (4), for the words from “requirements” to “fulfilled” substitute “alleged offender has not fulfilled the conditions specified in the conditional offer under section 75(8A)(a)”.
In section 77A (endorsement of driving records where penalty paid)—
for subsection (1)(a) substitute—;
in subsection (1)(b), for “76” substitute “76(2)”;
in subsection (1), in the words after paragraph (b), omit “together with any licence delivered under paragraph (a) above”;
in subsection (2), in the words before paragraph (a), omit “and return any licence delivered to him under this section to the alleged offender”;
for subsection (2)(b) substitute—
Schedule 9 contains amendments to the Road Traffic (New Drivers) Act 1995 which make provision about the surrender of driving licences and test certificates in the case of new drivers.
Schedule 10 contains minor and consequential amendments.
In section 54(1) of the Road Traffic Offenders Act 1988 (notices on-the-spot etc.), omit “in England and Wales”.
In section 75(4) of that Act (issue of conditional offer: restrictions), after “notice” insert “in respect of the offence has been given under section 54 of this Act or”.
Paragraph 103(2) of Schedule 4 to the Road Traffic Act 1991 (amendment to section 54 of the Road Traffic Offenders Act 1988 which is superseded by provision made by this section) is omitted.
This Part makes provision for cautions known as—
diversionary cautions, and
community cautions.
A diversionary caution may, in accordance with this Part, be given by an authorised person to a person aged 18 or over in respect of an offence.
A community caution may, in accordance with this Part, be given by an authorised person to a person aged 18 or over in respect of an offence other than an excluded offence.
Diversionary and community cautions must have one or more conditions attached to them.
Breach of a condition may, in accordance with this Part, result in—
prosecution for the offence, in the case of a diversionary caution, or
a financial penalty, in the case of a community caution.
In this Part “excluded offence” means—
an indictable-only offence;
an offence triable either way which is prescribed in regulations, or
a summary offence which is prescribed in regulations.
In this Part “authorised person”, in relation to a diversionary or community caution, means—
a constable,
an investigating officer, or
a person authorised by a prosecution authority for purposes relating to cautions of that kind.
An authorised person may give a diversionary caution to a person aged 18 or over (“the offender”) in respect of an offence if the following requirements are met.
The requirements are that—
an authorised person or a prosecution authority decides—
that there is sufficient evidence to charge the offender with the offence, and
that a diversionary caution should be given to the offender in respect of the offence;
the offender admits having committed the offence;
the offender consents to being given the caution;
an authorised person—
explains the effect of the caution to the offender, and
in particular, warns the offender that failure to comply with any of the conditions attached to the caution may result in prosecution for the offence;
the offender signs a document which contains—
details of the offence,
the offender’s admission to having committed the offence,
the offender’s consent to being given the caution, and
the conditions attached to the caution.
But if the offence is an indictable-only offence, the authorised person may not give a diversionary caution to the offender except—
in exceptional circumstances relating to the person or the offence, and
with the consent of the Director of Public Prosecutions.
A diversionary caution may not be given in respect of an offence committed before the coming into force of this section.
The power to give a diversionary caution under subsection (1) is also subject to regulations under section 117 (restrictions on multiple use of cautions).
The conditions attached to a diversionary caution are to be decided upon by—
an authorised person, or
in a case where a prosecution authority has taken the decision that the caution should be given, the prosecution authority.
The conditions which may be attached to a diversionary caution are those authorised by—
section 101 (rehabilitation and reparation conditions),
section 102 (financial penalty conditions), and
section 103 (conditions relating to certain foreign offenders).
When deciding what conditions to attach to a diversionary caution the authorised person or prosecution authority must—
make reasonable efforts, or ensure that reasonable efforts are or have been made, to obtain the views of any victim or victims of the offence, and
take those views into account.
The views referred to in subsection (3) include in particular views as to whether the offender should carry out any of the actions listed in the community remedy document.
Where it is the view of the victim or all the victims that the offender should carry out a particular action listed in the community remedy document, the authorised person or prosecution authority must attach that as a condition unless it seems to the authorised person or prosecution authority—
the action is not one that can be attached as a condition to a diversionary caution, or
it would be inappropriate to do so.
Conditions with one or both of the objects in subsection (2) may be attached to a diversionary caution.
The objects are—
facilitating the rehabilitation of the offender;
ensuring that the offender makes reparation for the offence.
The conditions which may be attached to a diversionary caution for the objects referred to in subsection (2) include—
restrictive conditions,
unpaid work conditions, and
attendance conditions.
A restrictive condition is a condition requiring the offender—
not to meet or communicate with specified individuals;
not to be in, or go to, specified addresses, places or areas in the United Kingdom;
not to carry out or participate in specified activities;
not to engage in specified conduct (which may include conduct constituting a criminal offence).
An unpaid work condition is a condition requiring the offender to carry out unpaid work of a specified description for a specified number of hours, which may not exceed 20.
An attendance condition is a condition requiring the offender to attend a specified place—
for a specified purpose, and
for a specified number of hours, which may not exceed 20 where the condition only has the object referred to in subsection (2)(b).
Where an attendance condition requires the offender to attend somewhere for the purpose of participating in any education or training, or receiving any other service, the attendance condition may also require the offender to pay for the reasonable cost of the provision of the education, training or service to the offender.
Regulations may amend subsection (5) or (6)(b) (or both) so as to substitute a different number of hours.
A condition authorised by this section may—
contain further details as to how it must be complied with (including the times at or between which something must or must not be done);
provide for those details to be supplied, after the giving of the caution, by a specified person or a person of a specified description.
A condition authorised by this section may not require a person to remain at their own or anyone else’s residence for any period of time.
In this section “specified” means specified in the caution.
A condition requiring the offender to pay a financial penalty may be attached to a diversionary caution with the object of punishing the offender.
The condition must specify—
the amount of the financial penalty,
the person to whom the financial penalty must be paid,
how it must or may be paid, and
the date on or before which it must be paid.
The amount specified under subsection (2)(a) must not exceed an amount prescribed in regulations.
Where the person specified under subsection (2)(b) is not the designated officer for a magistrates’ court, once the penalty is paid to that person they must give it to such an officer.
The date specified under subsection (2)(d) must be the last day of the period of 28 days beginning with the day on which the caution is given.
Where a diversionary caution is given to a relevant foreign offender, a condition with one or both of the objects in subsection (2) may be attached to it.
The objects are—
bringing about the departure of the relevant foreign offender from the United Kingdom;
ensuring that the relevant foreign offender does not return to the United Kingdom for a period of time.
If a diversionary caution has a condition with the object referred to in subsection (2)(b), the expiry of the period does not of itself give rise to any right on the part of the offender to return to the United Kingdom.
In this section “relevant foreign offender” means—
an offender directions for whose removal from the United Kingdom have been, or may be, given under Schedule 2 to the Immigration Act 1971 or section 10 of the Immigration and Asylum Act 1999, or
an offender against whom a deportation order under section 5 of the Immigration Act 1971 is in force.
An authorised person or prosecution authority may, with the consent of the offender, vary the conditions attached to a diversionary caution by—
varying or omitting any of the conditions;
adding a condition.
Where a diversionary caution is given, criminal proceedings may be instituted against the offender for the offence in respect of which the caution was given if, but only if, the offender fails without reasonable excuse to comply with any of the conditions attached to the caution.
The document mentioned in section 99(2)(e) is admissible in such proceedings.
Where such proceedings are instituted, the diversionary caution ceases to have effect.
If a constable has reasonable grounds for believing that the offender has failed without reasonable excuse to comply with any of the conditions attached to a diversionary caution, the constable may arrest the offender without warrant.
A person arrested under this section must be—
charged with the offence in question, or
released without charge.
A person released without charge under subsection (2)(b) must be—
released on bail if—
the release is to enable a decision to be made as to whether the offender should be charged with the offence, and
the pre-conditions for bail are satisfied, or
in any other case, released without bail (with or without any variation in the conditions attached to the caution).
Subsection (2) also applies in the case of—
a person who, having been released on bail under subsection (3)(a), returns to a police station to answer bail or is otherwise in police detention at a police station;
a person who, having been released on bail under section 30A of the 1984 Act (bail elsewhere than at police station) as applied by section 107 below, attends at a police station to answer bail or is otherwise in police detention at a police station;
a person who is arrested under section 30D or 46A of the 1984 Act (power of arrest for failure to answer to police bail) as applied by section 107 below.
Where a person is released on bail under subsection (3)(a), the custody officer must inform the person that the release is to enable a decision to be made as to whether the person should be charged with the offence in question.
A person arrested under this section, or any other person in whose case subsection (2) applies, may be kept in police detention— If the person is not in a fit state to be dealt with in that way, or to enable that power to be exercised, they may be kept in police detention until they are.
to enable the person to be dealt with in accordance with that subsection, or
where applicable, to enable the power under section 47(4A) of the 1984 Act (power of custody officer to appoint a different or additional time for answering to police bail), as applied by section 107 below, to be exercised.
The power under subsection (6)(a) includes power to keep the person in police detention if it is necessary to do so for the purpose of investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the diversionary caution.
Subsections (2) and (3) must be complied with as soon as practicable after the person arrested arrives at the police station or, in the case of a person arrested at the police station, as soon as practicable after the arrest.
Subsection (2) does not require a person who— to be released if the person is liable to be kept in detention in relation to that other matter.
falls within subsection (4)(a) or (b), and
is in police detention in relation to a matter other than the diversionary caution,
In subsection (3)(a)(ii), the reference to the pre-conditions for bail is to be read in accordance with section 50A of the 1984 Act.
In the case of a person arrested under section 106, the provisions of the 1984 Act specified in subsection (2) apply, with the modifications specified in subsection (3) and with such further modifications as are necessary, as they apply in the case of a person arrested for an offence.
The provisions are—
section 30 (arrest elsewhere than at police station);
sections 30A to 30D (bail elsewhere than at police station);
section 31 (arrest for further offence);
section 34(1) to (5E) (limitations on police detention);
section 36 (custody officers at police stations);
section 37(4) to (6C) (record of grounds for detention);
section 38 (duties of custody officer after charge);
section 39 (responsibilities in relation to persons detained);
section 55A (x-rays and ultrasound scans).
The modifications are—
in section 30CA, omit subsections (4A) to (4D);
in section 30CA, in subsection (5), in paragraph (a) of the definition of “relevant officer”, for the reference to being involved in the investigation of the relevant offence substitute a reference to being involved—
in the investigation of the offence in respect of which the person was given the diversionary caution, or
in investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the diversionary caution;
in section 36(5) and (7), for the references to being involved in the investigation of an offence for which the person is in police detention substitute references to being involved—
in the investigation of the offence in respect of which the person was given the diversionary caution, or
in investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the diversionary caution;
in section 38(1)(a)(iii) and (iv), for “arrested for” substitute “charged with”;
in section 39(2) and (3), for the references to an offence substitute references to a failure to comply with conditions attached to the diversionary caution.
Section 40 of the 1984 Act (review of police detention) applies to a person in police detention by virtue of section 106 above as it applies to a person in police detention in connection with the investigation of an offence, but with the following modifications—
omit subsections (8) and (8A);
in subsection (9), for the reference to section 37(9) or 37D(5) substitute a reference to the second sentence of section 106(6) above.
The following provisions of the 1984 Act apply to a person released on bail under section 106(3)(a) above as they apply to a person released on bail under section 37 of that Act—
section 46A (power of arrest for failure to answer to police bail);
section 47 (bail after arrest), except subsections (4D) and (4E).
Section 54 of the 1984 Act (searches of detained persons) applies in the case of a person who falls within section 106(4) above and is detained in a police station under that section as it applies in the case of a person who falls within section 34(7) of that Act and is detained at a police station under section 37.
Section 54A of the 1984 Act (searches and examination to ascertain identity) applies with the following modifications in the case of a person who is detained in a police station under section 106 above—
in subsections (1)(a) and (12), after “as a person involved in the commission of an offence” insert “or as having failed to comply with any of the conditions attached to the person’s diversionary caution”;
in subsection (9)(a), after “the investigation of an offence” insert “, the investigation of whether the person in question has failed to comply with any of the conditions attached to the person’s diversionary caution”.
An authorised person may give a community caution to a person aged 18 or over (“the offender”) in respect of an offence, other than an excluded offence, if the following requirements are met.
The requirements are that—
an authorised person or a prosecution authority decides that—
there is sufficient evidence to charge the offender with the offence, and
a community caution should be given to the offender in respect of the offence;
the offender admits to having committed the offence;
the offender consents to being given the caution;
an authorised person—
explains the effect of the caution to the offender, and
in particular, warns the offender of the effect of failure to comply with any of the conditions attached to the caution;
the offender signs a document which contains—
details of the offence,
the offender’s admission to having committed the offence,
the offender’s consent to being given the caution, and
the conditions attached to the caution.
A community caution may not be given in respect of an offence committed before the coming into force of this section.
The power to give a community caution under subsection (1) is also subject to regulations under section 117 (restrictions on multiple use of cautions).
The conditions attached to a community caution are to be decided upon by—
an authorised person, or
in a case where a prosecution authority has taken the decision that the caution should be given, the prosecution authority.
The conditions which may be attached to a community caution are those authorised by—
section 110 (rehabilitation and reparation conditions), and
section 111 (financial penalty conditions).
When deciding what conditions to attach to a community caution the authorised person or prosecution authority must—
make reasonable efforts, or ensure that reasonable efforts are or have been made, to obtain the views of any victim or victims of the offence, and
take those views into account.
The views referred to in subsection (3) include in particular views as to whether the offender should carry out any of the actions listed in the community remedy document.
Where it is the view of the victim or all the victims that the offender should carry out a particular action listed in the community remedy document, the authorised person or prosecution authority must attach that as a condition unless it seems to the authorised person or prosecution authority—
the action is not one that can be attached as a condition to a community caution, or
it would be inappropriate to do so.
Conditions with one or both of the objects in subsection (2) may be attached to a community caution.
The objects are—
facilitating the rehabilitation of the offender;
ensuring that the offender makes reparation for the offence.
The conditions which may be attached to a community caution for the objects referred to in subsection (2) include—
restrictive conditions,
unpaid work conditions, and
attendance conditions.
A restrictive condition is a condition requiring the offender—
not to meet or communicate with specified individuals;
not to be in or go to specified addresses, places or areas in the United Kingdom;
not to carry out or participate in specified activities;
not to engage in specified conduct (which may include conduct constituting a criminal offence).
An unpaid work condition is a condition requiring the offender to carry out unpaid work of a specified description for a specified number of hours, which may not exceed 10.
An attendance condition is a condition requiring the offender to attend a specified place—
for a specified purpose, and
for a specified number of hours, which may not exceed 10 where the condition only has the object referred to in subsection (2)(b).
Where an attendance condition requires the offender to attend somewhere for the purpose of participating in any education or training, or receiving any other service, the attendance condition may also require the offender to pay for the reasonable cost of the provision of the education, training or service to the offender.
Regulations may amend subsection (5) or (6)(b) (or both) so as to substitute a different number of hours.
A condition authorised by this section may—
contain further details as to how it must be complied with (including the times at or between which something must or must not be done);
provide for those details to be supplied, after the giving of the caution, by a specified person or a person of a specified description.
A condition authorised by this section may not require a person to remain at their own or anyone else’s residence for any period of time.
In this section “specified” means specified in the caution.
A condition requiring the offender to pay a financial penalty may be attached to a community caution with the object of punishing the offender.
The condition must specify—
the amount of the financial penalty,
the person to whom the financial penalty must be paid,
how it must or may be paid,
the date on or before which the penalty must be paid, and
the consequences of non-payment.
The amount specified under subsection (2)(a) must not exceed an amount prescribed in regulations.
Where the person specified under subsection (2)(b) is not the designated officer for a magistrates’ court, once the penalty is paid to that person they must give it to such an officer.
The date specified under subsection (2)(d) must be the last day of the period of 28 days beginning with the day on which the caution is given.
If the financial penalty is not paid on or before the date specified under subsection (2)(d), the amount of the penalty required to be paid by the condition is increased by 50%.
Where subsection (6) applies, if the increased penalty is not paid within the period of 21 days beginning with the day after the date specified under subsection (2)(d), the amount of the increased penalty may be registered under section 112 for enforcement against the offender as a fine.
The chief officer of police may, in respect of any amount registrable under section 111(7), issue a certificate (“a registration certificate”)—
giving particulars of the financial penalty,
stating that the amount is registrable for enforcement against the offender as a fine, and
stating the name and last known address of the offender.
The chief officer of police issuing a registration certificate must cause it to be sent to the designated officer for the local justice area in which the offender appears to the chief officer to reside.
The designated officer for a local justice area in receipt of a registration certificate must—
register the amount for enforcement as a fine in that area by entering it in the register of a magistrates’ court acting for that area, or
if it appears to the designated officer that the offender does not reside in that area, cause the certificate to be sent to the person appearing to the officer to be the designated officer for the local justice area in which the offender resides.
A designated officer registering an amount under this section for enforcement as a fine must give the offender notice of the registration which—
specifies the amount registered, and
gives the information with respect to the financial penalty, and the authority for registration, that was included in the registration certificate.
If an amount is registered in a magistrates’ court as a result of this section, any enactment referring (in whatever terms) to a fine imposed, or other sum adjudged to be paid, on conviction by such a court applies as if the registered amount were a fine imposed by that court on the conviction of the offender on the date on which the amount was registered.
This section applies where, in any proceedings for the enforcement of an amount registered under this section, the person against whom the proceedings are taken claims—
not to be the person to whom the community caution was given,
to have paid the amount that was required to be paid, or
to have a reasonable excuse for not paying.
The court may adjourn the proceedings, on one or more occasions, for the purpose of allowing the claim to be investigated, but must not adjourn for more than 28 days in total.
The court must accept a claim under subsection (1)(a) or (b) unless it is shown, on the balance of probabilities, that the claim is unfounded.
Where a court accepts a claim under subsection (1)(b), the condition of the caution by virtue of which the amount is required to be paid ceases to have effect.
In the case of a claim under subsection (1)(c), the court must accept the claim so far as relating to the facts claimed (leaving aside any question as to the reasonableness of the excuse), unless it is shown, on the balance of probabilities, that the claim so far as relating to those facts is unfounded.
Where a court accepts a claim under subsection (1)(c), the court may order that the condition of the caution by virtue of which the amount is required to be paid—
ceases to have effect, or
is varied so as to reduce the amount payable or to extend the time for payment (or both).
An authorised person or prosecution authority may, with the consent of the offender, vary the conditions attached to a community caution by—
varying or omitting any of the conditions;
adding a condition.
See also section 115(2) (addition of financial penalty).
Where a community caution is given, criminal proceedings may not be instituted against the offender for the offence in respect of which the caution was given.
If the offender fails without reasonable excuse to comply with any condition imposed under section 110, an authorised person or prosecution authority may—
rescind the condition, and
attach a condition imposing a financial penalty (or further such condition) under section 111.
The Secretary of State must prepare a code of practice in relation to diversionary and community cautions.
The code may, in particular, include provision as to—
the circumstances in which diversionary and community cautions may be given;
the procedure to be followed in connection with the giving of diversionary and community cautions;
the conditions which may be attached to diversionary and community cautions and the time for which they may have effect;
the category of constable or investigating officer by whom diversionary and community cautions may be given;
the persons whom a prosecution authority may authorise as authorised persons for the purposes of this Part;
the form which diversionary and community cautions are to take and the manner in which they are to be given and recorded;
the places where diversionary and community cautions may be given;
the provision which may be made in a condition under section 102(2)(b) or 111(2)(b);
the monitoring of compliance with conditions attached to diversionary and community cautions;
the exercise of the power of arrest conferred by section 106(1);
who is to decide how a person should be dealt with under section 106(2) and (3).
After preparing a draft of the code the Secretary of State— but may not publish or amend the draft without the consent of the Attorney General.
must publish the draft,
must consider any representations made to the Secretary of State about the draft, and
may amend the draft accordingly,
After complying with subsection (3) the Secretary of State must lay the code before each House of Parliament.
After complying with subsection (4) the Secretary of State may bring the code into force by regulations.
The Secretary of State may from time to time revise a code of practice brought into force under this section.
Subsections (3) to (6) apply (with appropriate modifications) to a revised code as they apply to the original code.
Regulations may prohibit the giving of a diversionary or community caution to a person in respect of an offence where the person has already been given one or more cautions.
A prohibition under subsection (1) may in particular be framed by reference to—
the kinds of caution previously given to the person;
the number of times any kind of caution has been given to the person;
the period preceding the commission of the offence within which any kind of caution has been given to the person;
the offence or description of offences in respect of which any kind of caution has been given to the person.
For the purposes of this section “caution” means—
a diversionary or community caution;
a conditional caution under Part 3 of the Criminal Justice Act 2003 given before the coming into force of section 118;
any other caution given to the person before the coming into force of that section in respect of an offence where—
the person admitted having committed the offence,
the person was aged 18 or over when the caution was given, and
the caution was given by a constable or other person authorised to give the caution.
No caution other than a diversionary or community caution may be given to a person aged 18 or over who admits to having committed an offence.
In the Criminal Justice Act 2003, omit Part 3 (conditional cautions).
In the Criminal Justice and Police Act 2001, omit Chapter 1 of Part 1 (on-the-spot penalties for disorderly behaviour).
Subsections (2) and (3) do not affect the continuing operation of the provisions repealed by those subsections in relation to offences committed before the day on which this section comes into force.
Schedule 11 contains consequential amendments.
Regulations under this Part are to be made by the Secretary of State by statutory instrument.
Regulations under this Part may make—
different provision for different purposes;
consequential, supplementary, incidental, transitional and transitory provision and savings.
A statutory instrument containing the regulations specified in subsection (4) (with or without other provision) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
The regulations referred to in subsection (3) are—
regulations under section 98(6)(b) or (c) (excluded offences);
regulations under section 101(8) or 110(8);
the first regulations under section 102(3) or 111(3) (maximum amount of financial penalty);
any other regulations under section 102(3) or 111(3) which increase or decrease the maximum amount of a financial penalty by more than is necessary to reflect changes in the value of money;
regulations under section 116(5) (commencement of code);
regulations under section 117 (restriction on multiple cautions).
A statutory instrument containing regulations under this Part to which subsection (3) does not apply is subject to annulment in pursuance of a resolution of either House of Parliament.
In this Part—
“the 1984 Act” means the Police and Criminal Evidence Act 1984;
“authorised person” has the meaning given by section 98(7);
In section 1 of the Children and Young Persons Act 1933 (cruelty to persons under 16), in subsection (1)(a) (penalty on conviction on indictment), for “ten” substitute “14”.
Subsection (1) applies only in relation to offences committed on or after the day on which this section comes into force.
Section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious harm) is amended in accordance with subsections (2) and (3).
In subsection (7) (penalty in the case of a person’s death), for the words “liable on conviction on indictment” substitute liable—.
In subsection (8) (penalty in the case of serious physical harm), for the words “liable on conviction on indictment” substitute liable—.
Subsections (2) and (3) apply only in relation to offences where the unlawful act to which the offence relates is an act that occurs, or so much of such an act as occurs, on or after the day on which this section comes into force.
In Schedule 19 to the Sentencing Code (list of certain specified offences carrying maximum sentence on indictment of imprisonment for life), after paragraph 20 insert—
The Sentencing Code is amended in accordance with subsections (2) to (8).
In section 312 (minimum sentence for offences of threatening with weapon or bladed article)—
in subsection (2), for “The court” substitute “If the offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court”, and
after subsection (2) insert—
In section 313 (minimum sentence of 7 years for third class A drug trafficking offence)—
in subsection (2), for “The court” substitute “If the index offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court”,
after subsection (2) insert—, and
in subsection (4)(b), after “subsection (2)” insert “or (2A)”.
In section 314 (minimum sentence of 3 years for third domestic burglary)—
in subsection (2), for “The court” substitute “If the index offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court”,
after subsection (2) insert—, and
in subsection (4)(b), after “subsection (2)” insert “or (2A)”.
In section 315 (minimum sentence for repeat offence involving weapon or bladed article)—
in subsection (2), for “The court” substitute “If the index offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court”,
after subsection (2) insert—, and
in subsection (3), for “subsection (2)” substitute “subsections (2) and (2A)”.
In section 316(1)(a) (appeals where previous conviction set aside), after “subsection (2)” insert “or (2A)”.
In section 320 (determination of day when offence committed), after “311,” insert “312,”.
In section 399(c) (mandatory sentence requirements)—
in sub-paragraph (ii), after “312(2)” insert “or (2A)”,
in sub-paragraph (iii), after “313(2)” insert “or (2A)”,
in sub-paragraph (iv), after “314(2)” insert “or (2A)”, and
in sub-paragraph (v), after “315(2)” insert “or (2A)”.
In Schedule 22 to the Sentencing Act 2020—
in paragraph 66 (amendments of section 313 of the Code), after paragraph (a) insert—, and
in paragraph 67 (amendments of section 314 of the Code), after paragraph (a) insert—.
Schedule 12 contains amendments which are consequential on this section.
An amendment made by Schedule 12, so far as it has effect— has effect only where the person committed the offence on or after the day on which the Schedule came into force.
in relation to dealing with a person for an offence, or
in relation to a sentence passed for an offence,
For the purposes of subsection (11), where an offence is found to have been committed— it is to be taken to have been committed on the last of those days.
over a period of 2 or more days, or
at some time during a period of 2 or more days,
In Schedule 21 to the Sentencing Code (minimum terms in mandatory life sentences), in paragraph 2(2), after paragraph (b) insert—.
The Sentencing Code is amended as follows.
In section 321 (orders to be made on passing life sentence)—
in subsection (3)(a), for the words from “the offender” to “committed” substitute “the case is within subsection (3A) or (3B)”;
after subsection (3) insert—
In section 322 (further provision about mandatory life sentences), in subsection (3)(a), after “321(3)” insert “or (3C)”.
In Schedule 21 to the Sentencing Code (minimum terms in mandatory life sentences), for paragraph 6 substitute—
Before the italic heading above section 28 of the Crime (Sentences) Act 1997 insert—
In section 28 of that Act (duty to release certain life prisoners), in subsection (1A), for the words from “the part of” to the end substitute—
A pre-commencement application—
is to be treated for the purposes of subsection (4) of section 27A of the Crime (Sentences) Act 1997 as if it was made under that section if, at the time the relevant young offender made the application, they had served at least half of the minimum term;
if not determined before the day on which this section comes into force, is to be dealt with in the manner in which it would have been dealt with immediately before this section comes into force.
In this section—
“pre-commencement application” means an application by a relevant young offender for a review of the minimum term that was made to the Secretary of State before the day on which this section comes into force;
In section 323 of the Sentencing Code (minimum term order for life sentence not fixed by law)—
after subsection (1) insert—;
in subsection (2)—
for the words before paragraph (a), substitute “The minimum term must be the starting point adjusted as the court considers appropriate, taking into account—”;
omit paragraph (b) (but not the final “and”).
In section 261A(3) of the Armed Forces Act 2006 (life sentences: further provision), before paragraph (a) insert—.
In the Sentencing Act 2020—
in section 61 (sentencing guidelines for life sentences etc)—
for subsection (6), for the words from “the notional” to “made under” substitute “the notional determinate sentence within the meaning of”;
omit subsection (7);
omit the following (which concern the commencement of paragraph 85 of Schedule 22)—
section 407(1)(b)(ii) (but not the final “or”);
section 417(8);
in Schedule 22 (prospective amendments of the Sentencing Code)—
in paragraph 68A (amendments of section 323 of the Sentencing Code in relation to prospective abolition of detention in young offender institution), before sub-paragraph (a) insert—;
omit paragraph 85 (prospective amendments of section 323);
in paragraph 20A of Schedule 26 (amendments of section 261A of Armed Forces Act 2006 in relation to prospective abolition of detention in young offender institution), before sub-paragraph (a) insert—
The Criminal Justice Act 2003 is amended in accordance with subsections (2) to (8).
In section 244 (general duty to release prisoners)—
in the heading, at the end insert “not subject to special provision for release”;
in subsection (1), after “243A,” insert “244ZA,”.
After section 244 insert—
In section 260(5) (powers and duties of Secretary of State that continue to apply to prisoner removed from prison pending deportation), after “244,” insert “244ZA,”.
In section 261(5)(b) (application of release provisions to returning deported prisoner), after “244,” insert “244ZA,”.
In section 264(6) (consecutive terms of imprisonment: meaning of custodial period), after paragraph (ca) (inserted by section 131) (but before the final “and”), insert—.
In section 268(1A) (meaning of “requisite custodial period” in Chapter 6 of Part 12), in paragraph (d), for “or section 244” substitute “, 244 or 244ZA”.
In Schedule 15 (specified offences for certain purposes to do with release of offenders)—
in the heading, for “section” substitute “sections 244ZA and”;
in the shoulder reference, for “Section” substitute “Sections 244ZA and”.
The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 (S.I. 2020/158) is revoked.
The Criminal Justice Act 2003 is amended as follows.
In section 244A(6) (release on licence of prisoners serving sentence under section 278 of the Sentencing Code etc: interpretation), in the definition of “the requisite custodial period”—
in paragraph (a), after “one sentence” insert “imposed before the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into force”;
in relation to a person serving one sentence imposed on or after that day, two-thirds of the appropriate custodial term,
In section 264(6) (consecutive terms of imprisonment: meaning of custodial period)—
in paragraph (c), after “Code” insert “before the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into force”;
after that paragraph (but before the final “and”) insert—.
The Criminal Justice Act 2003 is amended in accordance with subsections (2) to (10).
In section 243A (release of prisoners serving sentences of less than 12 months), after subsection (2) insert—
In section 244 (general duty to release prisoners), after subsection (1) insert—
After section 244 insert—
In section 246(4) (exceptions from power to release early subject to curfew), after paragraph (f) insert—.
In section 255A(2) (duty to consider suitability for automatic release following recall of certain prisoners) (as amended by the Counter-Terrorism and Sentencing Act 2021), for “or a serious terrorism prisoner” substitute “, a serious terrorism prisoner or a prisoner whose case was referred to the Board under section 244ZB”.
In section 255C(1) (prisoners whose release after recall is not automatic), for the words from “who” to the end substitute —
In section 260(5) (powers and duties of Secretary of State that continue to apply to prisoner removed from prison pending deportation), after “244,” insert “244ZB,”.
In section 261(5)(b) (application of release provisions to returning deported prisoner), after “244,” insert “244ZC,”.
In section 268(1A) (meaning of “requisite custodial period” in Chapter 6 of Part 12), after paragraph (c) insert—.
In Schedule 1 to the Crime (Sentences) Act 1997—
in paragraph 8(2)(a) (provisions relating to release continuing to apply to prisoner transferred from England and Wales to Scotland), for “, 244,” substitute “to”;
in paragraph 9(2)(a) (provisions relating to release continuing to apply to prisoner transferred from England and Wales to Northern Ireland), for “, 244,” substitute “to”.
In section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (power to alter test for release on licence at direction of Parole Board)—
in subsection (2), after paragraph (b) insert—;
in subsection (3), before paragraph (ab) insert—.
In section 239 of the Criminal Justice Act 2003 (the Parole Board), after subsection (5) insert—
Section 250 of the Criminal Justice Act 2003 (licence conditions for fixed-term prisoners) is amended in accordance with subsections (2) and (3).
For subsections (5A) to (5B) substitute—
Omit subsection (9).
Subsection (5) applies to any condition of a licence that is in force immediately before commencement if—
the inclusion of the condition required a direction of the Board, but
no such direction was given.
The condition is to be treated, for the purposes of any time after commencement, as it if was included in the licence at the direction of the Board.
Nothing in this section except subsection (5) affects the validity of any condition included in a licence before commencement.
In this section—
In the Criminal Justice and Courts Act 2015, omit the following (which make provision for recall adjudicators that has not been commenced)—
sections 8 to 10, and
Schedule 3.
The Criminal Justice Act 2003 is amended as follows.
In section 255B (automatic release), after subsection (4) insert—
In section 255C (fixed-term prisoners not suitable for automatic release), after subsection (4) insert—
Omit section 256 (power of Board to fix date for future release).
In section 256A (further review)—
for subsection (1) substitute—;
in subsection (2), for “that anniversary” substitute “the review date”;
in subsection (3), for “a person’s” substitute “the person’s”;
for subsections (4) and (5) substitute—
After section 256A insert—
In Schedule 20A (application of Chapter 6 of Part 12 of the 2003 Act to pre-4 April 2005 cases), omit paragraph 6(5) (certain determinations to be treated as made under section 256(1)).
The Criminal Justice Act 2003 is amended as follows.
After section 256AZA insert—
section 256AZB,
Section 31A of the Crime (Sentences) Act 1997 (imprisonment or detention for public protection: termination of licences) is amended in accordance with subsections (2) to (6).
In subsection (2)(a), after “Chapter” insert “(whether or not the prisoner has subsequently been recalled to prison under section 32)”.
For subsection (3) substitute—
In subsection (4)—
in the words before paragraph (a), for “an application” substitute “a reference”, and
in paragraph (b), for “application” substitute “reference”.
After subsection (4) insert—
In subsection (5), in the definition of “the qualifying period”, after “on licence” insert “(whether or not the prisoner has subsequently been recalled to prison under section 32)”.
Subsection (8) applies to an application made by a person under section 31A(3) of the Crime (Sentences) Act 1997 before this section comes into force.
If the application has not been determined when this section comes into force, subsections (4) to (4C) of section 31A of the Crime (Sentences) Act 1997 apply in relation to it as if it were a reference of the person’s case by the Secretary of State to the Parole Board under subsection (3) of that section.
Subsection (10) applies if a person remains on licence under Chapter 2 of Part 2 of the Crime (Sentences) Act 1997, or remains subject to release on licence under that Chapter, following—
the disposal before this section comes into force of the person’s application to the Parole Board under section 31A(3) of that Act, or
the disposal under subsection (4) of section 31A of that Act, as it has effect by virtue of subsection (8) of this section, of the person’s application to the Parole Board under subsection (3) of that section.
Subsection (3) of section 31A of the Crime (Sentences) Act 1997 applies in relation to the person as if the application had been a reference of the person’s case by the Secretary of State to the Parole Board under that subsection.
In the Crime (Sentences) Act 1997—
in section 32(5) (duty to release life prisoner after recall), omit “immediate”;
after section 32ZA insert—
In the Criminal Justice Act 2003—
in section 255B(5) (automatic release after recall), omit “immediate”;
in section 255C(5) (release after recall of fixed-term prisoner not suitable for automatic release), omit “immediate”;
after section 256AZB insert—