Crime and Policing Bill

A Bill to make provision about anti-social behaviour, offensive weapons, offences against people (including sexual offences), property offences, the criminal exploitation of persons, sex offenders, stalking and public order; to make provision about powers of the police, the border force and other similar persons; to make provision about confiscation; to make provision about the police; to make provision about terrorism and national security, and about international agreements relating to crime; to make provision about the criminal liability of bodies; and for connected purposes.

The information below was generated through an automated process and is for information purposes only.

This is not the latest version of the Bill

Available Versions

19 Jun 2025
Lords: Committee
HL Bill 111(Corrected) (as brought from the Commons)
(0 amendments - 0 agreed)
Date Debate
Tuesday 9th December 2025 Committee stage part two
Tuesday 9th December 2025 Committee stage part one
Thursday 27th November 2025 Committee stage part two
Thursday 27th November 2025 Committee stage part one
Wednesday 19th November 2025 Committee stage part two
Wednesday 19th November 2025 Committee stage part one
Monday 17th November 2025 Committee stage
Monday 10th November 2025 Committee stage part two
Monday 10th November 2025 Committee stage part one
14 May 2025
Commons: Report
Bill 235 2024-25 (as amended in Public Bill Committee)
(352 amendments - 168 agreed)
Date Debate
Wednesday 18th June 2025 Report stage
Tuesday 17th June 2025 Report stage
25 Feb 2025
Commons: Committee
Bill 187 2024-25 (as introduced)
(184 amendments - 90 agreed)
Date Debate
Tuesday 13th May 2025 Committee stage: 15th sitting
Thursday 8th May 2025 Committee stage: 14th sitting
Thursday 8th May 2025 Committee stage: 13th sitting
Tuesday 29th April 2025 Committee stage: 12th Sitting
Tuesday 29th April 2025 Committee stage: 11th Sitting
Thursday 24th April 2025 Committee stage: 10th sitting
Thursday 24th April 2025 Committee stage: 9th sitting
Tuesday 8th April 2025 Committee stage: 8th sitting
Tuesday 8th April 2025 Committee stage: 7th sitting
Thursday 3rd April 2025 Committee stage: 6th Sitting
Thursday 3rd April 2025 Committee stage: 5th Sitting
Tuesday 1st April 2025 Committee stage: 4th Sitting
Tuesday 1st April 2025 Committee stage: 3rd Sitting
Thursday 27th March 2025 Committee stage: 2nd sitting
Thursday 27th March 2025 Committee stage: 1st sitting

Relevant Documents

Bill PDF
HL Bill 111(Corrected) (as brought from the Commons)
Latest Amendments
HL Bill 111(Corrected)-VI(a) Amendments for Committee (Supplementary to the Sixth Marshalled List)
Explanatory Note
HL Bill 111 Explanatory Notes
Impact Assessment
Crime and Policing Bill Overview - Impact Assessment from the Ministry of Justice

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Page 1

Part 1

 

Anti-social behaviour

 

Chapter 1

 

Respect orders, youth injunctions and housing injunctions

 
1
Respect orders
5
 
(1)
The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.
 
 
(2)
Before Part 1 insert—
 

Part A1

 
 
Respect orders
 
 
Respect orders
10
A1
Power to make respect orders
 
 
(1)
A court may make an order under this section (a “respect order”)
 
 
against a person aged 18 or over (“the respondent”) if—
 

Page 2

 
(a)
the court is satisfied, on the balance of probabilities, that the
 
 
respondent has engaged in or threatens to engage in anti-social
 
 
behaviour, and
 
 
(b)
the court considers it just and convenient to make the order
 
 
for the purpose of preventing the respondent from engaging
5
 
in anti-social behaviour.
 
 
(2)
A respect order may for the purpose of preventing the respondent
 
 
from engaging in anti-social behaviour—
 
 
(a)
prohibit the respondent from doing anything described in the
 
 
order;
10
 
(b)
require the respondent to do anything described in the order.
 
 
(3)
Prohibitions and requirements in a respect order must, so far as
 
 
practicable, be such as to avoid—
 
 
(a)
any interference with the times, if any, at which the respondent
 
 
normally works or attends any educational establishment;
15
 
(b)
any conflict with the requirements of any other court order or
 
 
injunction to which the respondent is subject.
 
 
(4)
A respect order must—
 
 
(a)
specify the period for which it has effect, or
 
 
(b)
state that it has effect until further order.
20
 
(5)
A respect order may specify periods for which particular prohibitions
 
 
or requirements have effect.
 
 
(6)
A respect order may be made only on the application of a relevant
 
 
authority.
 
 
(7)
An application for a respect order may be made to the High Court or
25
 
the county court.
 
 
(8)
A court may treat an application for a respect order as an application
 
 
under section 1A (power to grant housing injunctions) for an injunction
 
 
under that section.
 
 
(9)
In this Part, “anti-social behaviour” means conduct that has caused,
30
 
or is likely to cause, harassment, alarm or distress to any person.
 

B1

 
 
(1)
This section applies for the purposes of section A1 .
 
 
(2)
“Relevant authority” means—
 
 
(a)
a local authority,
35
 
(b)
a housing provider,
 
 
(c)
the chief officer of police for a police area,
 
 
(d)
the chief constable of the British Transport Police Force,
 
 
(e)
Transport for London,
 

Page 3

 
(f)
Transport for Greater Manchester,
 
 
(g)
the Environment Agency,
 
 
(h)
the Natural Resources Body for Wales,
 
 
(i)
the Secretary of State exercising security management functions,
 
 
or a Special Health Authority exercising security management
5
 
functions on the direction of the Secretary of State, or
 
 
(j)
the Welsh Ministers exercising security management functions,
 
 
or a person exercising security management functions on the
 
 
direction of the Welsh Ministers or under arrangements made
 
 
between the Welsh Ministers and that person.
10
 
(3)
In subsection (2) “security management functions” means—
 
 
(a)
the Secretary of State's security management functions within
 
 
the meaning given by section 195 (3) of the National Health
 
 
Service Act 2006 ;
 
 
(b)
the functions of the Welsh Ministers corresponding to those
15
 
functions.
 
 
(4)
A housing provider may make an application for a respect order only
 
 
if the application concerns anti-social behaviour that directly or
 
 
indirectly relates to or affects its housing management functions.
 
 
(5)
For the purposes of subsection (4) the housing management functions
20
 
of a housing provider include—
 
 
(a)
functions conferred by or under an enactment;
 
 
(b)
the powers and duties of the housing provider as the holder
 
 
of an estate or interest in housing accommodation.
 
 
(6)
In subsection (5) , “housing accommodation” includes—
25
 
(a)
flats, lodging-houses and hostels;
 
 
(b)
any yard, garden, outhouses and appurtenances belonging to
 
 
the accommodation or usually enjoyed with it;
 
 
(c)
any common areas used in connection with the accommodation.
 
 
(7)
The Secretary of State may by regulations—
30
 
(a)
amend this section;
 
 
(b)
amend section N1 in relation to expressions used in this section.
 
 
Contents of respect orders
 
 
C1
Power to exclude person from home in cases of violence or risk of
 
 
harm
35
 
(1)
A respect order may have the effect of excluding the respondent from
 
 
the place where the respondent normally lives (“the premises”) only
 
 
if two conditions are met.
 
 
(2)
The first condition is that the order is made on the application of—
 
 
(a)
a local authority,
40

Page 4

 
(b)
the chief officer of police for the police area that the premises
 
 
are in, or
 
 
(c)
if the premises are owned or managed by a housing provider,
 
 
that housing provider.
 
 
(3)
The second condition is that the court considers that—
5
 
(a)
the anti-social behaviour in which the respondent has engaged
 
 
or threatens to engage consists of or includes the use or
 
 
threatened use of violence against other persons, or
 
 
(b)
there is a significant risk of harm to other persons from the
 
 
respondent.
10
 
(4)
For the purposes of this section a housing provider owns premises
 
 
if—
 
 
(a)
the housing provider is a person (other than a mortgagee not
 
 
in possession) entitled to dispose of the fee simple of the
 
 
premises, whether in possession or in reversion, or
15
 
(b)
the housing provider is a person who holds or is entitled to
 
 
the rents and profits of the premises under a lease that (when
 
 
granted) was for a term of 3 years or more.
 
D1
Requirements included in respect orders
 
 
(1)
A respect order that includes a requirement must specify the person
20
 
(“the supervisor”) who is to be responsible for supervising compliance
 
 
with the requirement.
 
 
The supervisor may be an individual or an organisation.
 
 
(2)
Before including a requirement, the court must receive evidence about
 
 
its suitability and enforceability from—
25
 
(a)
the individual to be specified as the supervisor, if an individual
 
 
is to be specified;
 
 
(b)
an individual representing the organisation to be specified as
 
 
the supervisor, if an organisation is to be specified.
 
 
(3)
Before including two or more requirements, the court must consider
30
 
their compatibility with each other.
 
 
(4)
Where a court includes in a respect order a requirement the effect of
 
 
which the court considers is to require the respondent to participate
 
 
in a particular activity—
 
 
(a)
the court must declare the requirement to be an “activity
35
 
requirement” for the purposes of this Part, and
 
 
(b)
the order must specify that the court has done so.
 
 
(5)
It is the duty of a person specified as the supervisor in relation to a
 
 
requirement—
 

Page 5

 
(a)
to make any necessary arrangements in connection with the
 
 
requirements for which the supervisor has responsibility (the
 
 
“relevant requirements”);
 
 
(b)
to promote the respondent's compliance with the relevant
 
 
requirements;
5
 
(c)
to inform the person who applied for the order and (if different)
 
 
the appropriate chief officer of police if the supervisor considers
 
 
that the respondent has complied with all the relevant
 
 
requirements.
 
 
(6)
If the supervisor considers that the respondent has failed to comply
10
 
with a relevant requirement, the supervisor must inform the person
 
 
who applied for the order and (if different) the appropriate chief officer
 
 
of police unless—
 
 
(a)
the supervisor considers that the respondent had a reasonable
 
 
excuse for the failure, or
15
 
(b)
section H1 applies (duty to give warning for breach of activity
 
 
requirement).
 
 
(7)
A respondent subject to a requirement included in a respect order
 
 
must—
 
 
(a)
keep in touch with the supervisor in relation to that
20
 
requirement, in accordance with any instructions given by the
 
 
supervisor from time to time;
 
 
(b)
notify the supervisor of any change of address.
 
 
These obligations have effect as requirements of the order.
 
 
(8)
In this section , “the appropriate chief officer of police” means—
25
 
(a)
the chief officer of police for the police area in which it appears
 
 
to the supervisor that the respondent lives, or
 
 
(b)
if it appears to the supervisor that the respondent lives in more
 
 
than one police area, whichever of the relevant chief officers
 
 
of police the supervisor considers it most appropriate to inform.
30
 
Procedure
 
E1
Applications without notice
 
 
(1)
An application for a respect order may be made without notice being
 
 
given to the respondent.
 
 
(2)
If an application is made without notice, the court must do one of the
35
 
following—
 
 
(a)
adjourn the proceedings and make an interim order (see section
 
 
F1 );
 
 
(b)
adjourn the proceedings without making an interim order;
 
 
(c)
dismiss the application.
40

Page 6

 
(3)
Rules of court may provide that an appeal from a decision of the High
 
 
Court or the county court—
 
 
(a)
to dismiss an application for a respect order made without
 
 
notice being given to the respondent, or
 
 
(b)
to refuse to make an interim order when adjourning
5
 
proceedings following such an application,
 
 
may be made without notice being given to the respondent.
 
F1
Interim respect orders
 
 
(1)
This section applies where the court adjourns the hearing of an
 
 
application (whether made with notice or without) for a respect order.
10
 
(2)
The court may make a respect order lasting until the final hearing of
 
 
the application or until further order (an “interim respect order”) if
 
 
the court considers it just to do so.
 
 
(3)
An interim respect order made at a hearing of which the respondent
 
 
was not given notice may not have the effect of requiring the
15
 
respondent to participate in particular activities.
 
 
(4)
Subject to that, the court has the same powers in relation to an interim
 
 
respect order as it has in relation to a respect order made at a final
 
 
hearing.
 
G1
Variation and discharge of respect orders
20
 
(1)
The court may vary or discharge a respect order on the application
 
 
of—
 
 
(a)
the person who applied for the order, or
 
 
(b)
the respondent.
 
 
(2)
In subsection (1) “the court” means the court that made the order.
25
 
(3)
The power to vary an order includes power to include an additional
 
 
prohibition or requirement in the order, or to extend the period for
 
 
which a prohibition or requirement has effect.
 
 
(4)
If an application under this section is dismissed, the party who made
 
 
the dismissed application may make no further application under this
30
 
section without—
 
 
(a)
the consent of the court, or
 
 
(b)
the agreement of the other party.
 
 
(5)
Section D1 applies to additional requirements included under
 
 
subsection (3) as it applies to requirements included in a new order.
35

Page 7

 
Breaches of respect orders
 
H1
Duty to give warning for breach of activity requirement
 
 
(1)
This section applies where—
 
 
(a)
the supervisor responsible for an activity requirement is of the
 
 
opinion that the respondent has without reasonable excuse
5
 
failed to comply with the requirement, and
 
 
(b)
the respondent has not been given a warning under this section
 
 
in relation to the requirement within the period of 12 months
 
 
ending with the date of the failure.
 
 
(2)
The supervisor must give the respondent a warning in relation to the
10
 
requirement which—
 
 
(a)
must be in writing,
 
 
(b)
must describe the circumstances of the failure to comply, and
 
 
(c)
must inform the respondent that if the respondent breaches
 
 
the activity requirement again within the period of 12 months
15
 
beginning with the date on which the warning is given, the
 
 
respondent will be liable to prosecution under section I1 .
 
 
(3)
A warning under this section may be given to a person—
 
 
(a)
by hand, or
 
 
(b)
by sending it by first class post addressed to the person at the
20
 
person’s last known address.
 
 
(4)
As soon as practicable after giving a warning under this section, the
 
 
supervisor must record that fact.
 
 
(5)
In this section, “supervisor” has the meaning given by section D1 (1) .
 
I1
Offence of breach of respect order
25
 
(1)
It is an offence for a person without reasonable excuse—
 
 
(a)
to do anything the person is prohibited from doing by a respect
 
 
order, or
 
 
(b)
to fail to do anything the person is required to do by a respect
 
 
order.
30
 
(2)
Subsection (1) (b) does not apply in relation to a failure to comply with
 
 
an activity requirement unless, within the period of 12 months ending
 
 
with the date of the failure, the person has been given a warning
 
 
under section H1 in relation to that requirement.
 
 
(3)
A person who commits an offence under this section is liable—
35
 
(a)
on summary conviction, to imprisonment for a term not
 
 
exceeding the general limit in a magistrates’ court or a fine (or
 
 
both);
 

Page 8

 
(b)
on conviction on indictment, to imprisonment for a period not
 
 
exceeding 2 years or a fine (both).
 
 
(4)
Where a person is convicted of an offence under this section it is not
 
 
open to the court by or before which the person is convicted to make,
 
 
in respect of the offence, an order for conditional discharge.
5
 
(5)
In proceedings for an offence under this section , a copy of the original
 
 
order, certified by the proper officer of the court which made it, is
 
 
admissible as evidence of its having been made and of its contents to
 
 
the same extent that oral evidence of those things is admissible in
 
 
those proceedings.
10
 
Supplementary
 
J1
Requirement to carry out risk assessment
 
 
(1)
A person applying for a respect order must before doing so carry out
 
 
a risk assessment in relation to the application.
 
 
(2)
A risk assessment, in relation to an application for a respect order, is
15
 
an assessment of—
 
 
(a)
the risk of any person being caused harassment, alarm or
 
 
distress by the respondent’s conduct,
 
 
(b)
any vulnerabilities of the respondent,
 
 
(c)
any alternative means of preventing the respondent from
20
 
engaging in anti-social behaviour, and
 
 
(d)
such other matters as the person considers relevant.
 
 
(3)
A person required to carry out a risk assessment under this section
 
 
must in doing so have regard to any guidance issued by the Secretary
 
 
of State under section M1 .
25
K1
Requirements to give notice of applications
 
 
(1)
A person applying for a respect order must before doing so inform
 
 
any person the applicant considers appropriate of the application.
 
 
(2)
Subsection (1) does not apply to a without-notice application.
 
 
(3)
Where the court adjourns a without-notice application, before the date
30
 
of the first on-notice hearing the applicant must inform any other
 
 
person the applicant considers appropriate of the application.
 
 
(4)
A person applying for variation or discharge of a respect order made
 
 
on that person's application must before doing so inform any other
 
 
person the applicant considers appropriate of that application.
35
 
(5)
In this section —
 

Page 9

 
“ “on-notice hearing” ” means a hearing of which notice has been
 
 
given to the applicant and the respondent in accordance with
 
 
rules of court;
 
 
“ “without-notice application” ” means an application made without
 
 
notice under section E1 .
5
L1
Special measures for witnesses
 
 
(1)
Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act
 
 
1999 (special measures directions in the case of vulnerable and
 
 
intimidated witnesses) applies to proceedings under this Part as it
 
 
applies to criminal proceedings, but with—
10
 
(a)
the omission of sections 17 (4) to (7) , 21 (4C) (e) , 22A , 27 (10) and
 
 
32 of that Act (which make provision appropriate only in the
 
 
context of criminal proceedings), and
 
 
(b)
any other necessary modifications.
 
 
(2)
Rules of court made under or for the purposes of Chapter 1 of Part 2
15
 
of that Act apply to proceedings under this Part—
 
 
(a)
to the extent provided by rules of court, and
 
 
(b)
subject to any modifications provided by rules of court.
 
 
(3)
Section 47 of that Act (restrictions on reporting special measures
 
 
directions etc) applies with any necessary modifications—
20
 
(a)
to a direction under section 19 of that Act as applied by this
 
 
section;
 
 
(b)
to a direction discharging or varying such a direction.
 
 
Sections 49 and 51 of that Act (offences) apply accordingly.
 
 
(4)
This section does not affect the application of any provision of that
25
 
Act to criminal proceedings relating to an offence under section I1 of
 
 
this Act.
 
M1
Guidance
 
 
(1)
The Secretary of State may issue guidance to persons entitled to apply
 
 
for orders under section A1 (see section B1 ) about the exercise of their
30
 
functions under this Part.
 
 
(2)
The Secretary of State may revise any guidance issued under this
 
 
section .
 
 
(3)
The Secretary of State must arrange for any guidance issued or revised
 
 
under this section to be published.
35
N1
Interpretation etc
 
 
(1)
In this Part—
 

Page 10

 
“activity requirement” means a requirement which the court has
 
 
declared to be an activity requirement for the purposes of this
 
 
Part (see section D1 (4) );
 
 
“ “anti-social behaviour” ” has the meaning given by section A1 (9) ;
 
 
“ “harm” ” includes serious ill-treatment or abuse, whether physical
5
 
or not;
 
 
“ “housing provider” ” means—
 
 
(a)
a housing trust (within the meaning given by section 2
 
 
of the Housing Associations Act 1985 ) that is a charity,
 
 
(b)
a housing action trust established under section 62 of
10
 
the Housing Act 1988 ,
 
 
(c)
in relation to England, a non-profit private registered
 
 
provider of social housing,
 
 
(d)
in relation to Wales, a Welsh body registered as a social
 
 
landlord under section 3 of the Housing Act 1996 , or
15
 
(e)
any body (other than a local authority or a body within
 
 
paragraphs (a) to (d) ) that is a landlord under a secure
 
 
tenancy within the meaning given by section 79 of the
 
 
Housing Act 1985 ;
 
 
“ “local authority” ” means—
20
 
(a)
in relation to England, a district council, a county
 
 
council, a London borough council, the Common
 
 
Council of the City of London or the Council of the
 
 
Isles of Scilly;
 
 
(b)
in relation to Wales, a county council or a county
25
 
borough council;
 
 
“respect order” means an order under section A1 ;
 
 
“ “respondent” ” has the meaning given by section A1 (1) .
 
 
(2)
A person's age is treated for the purposes of this Part as being that
 
 
which it appears to the court to be after considering any available
30
 
evidence.”
 
 
(3)
In section 182 (2) (orders and regulations subject to affirmative resolution
 
 
procedure), before paragraph (a) insert—
 
 
“(za)
regulations under section B1 (7) ,”.
 
2
Youth injunctions, housing injunctions and consequential amendments
35
 
(1)
Part 1 of Schedule 1 amends the Anti-social Behaviour, Crime and Policing
 
 
Act 2014 to—
 
 
(a)
confine the power to grant an injunction under section 1 of that Act
 
 
to the granting of injunctions against persons aged 10 or over but
 
 
under 18, and
40
 
(b)
provide for the granting of injunctions against persons aged 18 or over
 
 
for the purpose of preventing them from engaging in certain conduct
 

Page 11

 
capable of causing nuisance or annoyance relating to the occupation
 
 
or management of housing.
 
 
(2)
Part 2 of Schedule 1 contains consequential amendments of other Acts.
 
 
(3)
The amendments made by Schedule 1 do not apply in relation to—
 
 
(a)
injunctions under section 1 of the Anti-social Behaviour, Crime and
5
 
Policing Act 2014 granted before the commencement day,
 
 
(b)
applications for such an injunction made before the commencement
 
 
day, or
 
 
(c)
injunctions granted on such an application (even if granted after the
 
 
commencement day).
10
 
(4)
In subsection (3) “the commencement day” means the day on which Schedule
 
 
1 comes into force.
 

Chapter 2

 

Other provision about anti-social behaviour

 
3
Maximum period for certain directions, notices and orders
15
 
(1)
The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.
 
 
(2)
In section 35 (directions excluding a person from an area)—
 
 
(a)
in subsection (4) , for “48 hours” substitute “72 hours”;
 
 
(b)
after subsection (7) insert—
 
 
“(7A)
A police officer of at least the rank of inspector must review
20
 
each direction given under this section that specifies an
 
 
exclusion period exceeding 48 hours as soon as reasonably
 
 
practicable after the expiry of the 48 hours.”;
 
 
(c)
in subsection (8) , for “48 hours” substitute “72 hours”.
 
 
(3)
In section 77 (duration of closure notices)—
25
 
(a)
in subsection (1) , for “24 hours” substitute “48 hours”;
 
 
(b)
in subsections (2) and (3) , for “48 hours” substitute “72 hours”.
 
 
(4)
In section 81 (temporary orders), in subsection (2) , for “48 hours” substitute
 
 
“72 hours”.
 
4
Fixed penalty notices
30
 
(1)
In Schedule 5 to the Police Reform Act 2002 (powers exercisable by accredited
 
 
persons), in paragraph 1 (2) , after paragraph (ac) insert—
 
 
“(ad)
the power of an authorised person to issue a fixed penalty
 
 
notice under section 52 of the Anti-social Behaviour, Crime
 
 
and Policing Act 2014 (fixed penalty notices in respect of failure
35
 
to comply with community protection notice);
 

Page 12

 
(ae)
the power of a constable or an authorised person to issue a
 
 
fixed penalty notice under section 68 of the Anti-social
 
 
Behaviour, Crime and Policing Act 2014 (fixed penalty notices
 
 
in respect of offences relating to public spaces protection orders
 
 
and expedited orders).”
5
 
(2)
The Anti-social Behaviour, Crime and Policing Act 2014 is amended as set
 
 
out in subsections (3) and (4) .
 
 
(3)
In section 52 (fixed penalty notices), in subsection (7) , for “£100” substitute
 
 
“£500”.
 
 
(4)
In section 68 (fixed penalty notices), in subsection (6) , for “£100” substitute
10
 
“£500”.
 
5
Closure of premises by registered social housing provider
 
 
Schedule 2 amends Chapter 3 of Part 4 of the Anti-social Behaviour, Crime
 
 
and Policing Act 2014 so as to enable registered social housing providers to
 
 
close premises that they own or manage which are associated with nuisance
15
 
and disorder.
 
6
Reviews of responses to complaints about anti-social behaviour
 
 
(1)
The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.
 
 
(2)
In section 104 (review of response to complaints about anti-social behaviour),
 
 
after subsection (7) insert—
20
 
“(7A)
Subsection (7) is subject to section 104A (7) (requirement for
 
 
recommendations to be confirmed by local policing body where LPB
 
 
case review takes place).”
 
 
(3)
After section 104 insert—
 
“104A
Review by local policing body
25
 
(1)
This section applies if a person has made a complaint about anti-social
 
 
behaviour in a particular local government area and—
 
 
(a)
a person has made an application for an ASB case review of
 
 
the response to that behaviour, but the relevant bodies in that
 
 
area have decided that the threshold for a review is not met,
30
 
or
 
 
(b)
the relevant bodies in that area have carried out an ASB case
 
 
review of the response to that behaviour.
 
 
(2)
The local policing body for the relevant police area must carry out a
 
 
review of the response to the anti-social behaviour (an “LPB case
35
 
review”) if—
 
 
(a)
the applicant in relation to the ASB case review, or a person
 
 
acting on behalf of the applicant with their consent, makes an
 
 
application for an LPB case review, and
 

Page 13

 
(b)
the body considers that the threshold for carrying out an ASB
 
 
case review in relation to the anti-social behaviour was met.
 
 
(3)
If no application has been made for an LPB case review of the response
 
 
to the anti-social behaviour, the local policing body for the relevant
 
 
police area may carry out an LPB case review if the body considers
5
 
that—
 
 
(a)
it is appropriate to carry out the LPB case review, and
 
 
(b)
the threshold for carrying out an ASB case review of the
 
 
response to that behaviour was met.
 
 
(4)
Each local policing body must—
10
 
(a)
make arrangements about the carrying out of LPB case reviews
 
 
by that body (“LPB review procedures”), and
 
 
(b)
ensure that the current LPB review procedures are published.
 
 
(5)
The LPB review procedures must include provision about the making
 
 
of applications for LPB case reviews and, in particular, must specify
15
 
the point of contact for making applications.
 
 
(6)
A local policing body which carries out an LPB case review may make
 
 
recommendations to a person who exercises public functions in respect
 
 
of any matters arising from the review; and the person must have
 
 
regard to the recommendations in exercising public functions.
20
 
(7)
Where an LPB case review of the response to anti-social behaviour
 
 
follows an ASB case review of the response to the same behaviour, a
 
 
person is not required to have regard to the recommendations resulting
 
 
from the ASB case review unless the recommendations are confirmed
 
 
by the local policing body.
25
 
(8)
A local policing body who carries out an LPB case review must inform
 
 
the relevant applicant of—
 
 
(a)
the outcome of the review, and
 
 
(b)
any recommendations made in accordance with subsection (6)
 
 
or confirmed in accordance with subsection (7) .
30
 
(9)
In subsection (8) “the relevant applicant” means—
 
 
(a)
where the local policing body carries out an LPB case review
 
 
in response to an application, the person who made the
 
 
application, or
 
 
(b)
in any other case, the person who applied for the ASB case
35
 
review mentioned in subsection (1) .
 
 
(10)
As soon as practicable after the end of a reporting period, each local
 
 
policing body must publish information about the following matters
 
 
which relates to that period—
 
 
(a)
the number of applications for LPB case reviews made to the
40
 
body;
 

Page 14

 
(b)
the number of times that the body decided that an LPB case
 
 
review should not be carried out in response to an application;
 
 
(c)
the number of LPB case reviews the body has carried out in
 
 
response to an application;
 
 
(d)
the number of LPB case reviews the body has carried out
5
 
otherwise than in response to an application;
 
 
(e)
the number of LPB case reviews carried out by the body that
 
 
have resulted in recommendations being made by the body;
 
 
(f)
the number of LPB case reviews carried out by the body—
 
 
(i)
which were reviews of the response to anti-social
10
 
behaviour following an ASB case review of the response
 
 
to the same behaviour, and
 
 
(ii)
as a result of which the body has confirmed any of the
 
 
recommendations resulting from the ASB case review;
 
 
(g)
the number of LPB case reviews carried out by the body—
15
 
(i)
which were reviews of the response to anti-social
 
 
behaviour following an ASB case review of the response
 
 
to the same behaviour, and
 
 
(ii)
as a result of which the body has declined to confirm
 
 
any of the recommendations resulting from the ASB
20
 
case review.
 
 
(11)
Schedule 4A (LPB case reviews supplementary provision) has effect.”
 
 
(4)
In section 105 (ASB case reviews: interpretation)—
 
 
(a)
in the heading, after “ASB case reviews” insert “and LPB case reviews”;
 
 
(b)
in subsection (1) —
25
 
(i)
for “section 104” substitute” sections 104 and 104A ”;
 
 
(ii)
for “Schedule 4” substitute “Schedules 4 and 4A”;
 
 
(c)
in subsection (4) —
 
 
(i)
at the appropriate places insert—
 
 
““LPB case review” has the meaning given by section
30
 
104A (2) ;”;
 
 
“ “relevant police area” , in relation to a local government
 
 
area, means the police area which consists of, or
 
 
includes all or part of, the local government area;”;
 
 
(ii)
for the definition of “reporting period” substitute—
35
 
““reporting period” —
 
 
(a)
in relation to the publication of information by
 
 
the relevant bodies in a local government area,
 
 
or the provision of information by such bodies
 
 
to a local policing body, means a period, not
40
 
exceeding 12 months, determined by those
 
 
bodies for that purpose;
 

Page 15

 
(b)
in relation to the publication of information by
 
 
a local policing body, means a period, not
 
 
exceeding 12 months, determined by that body
 
 
for that purpose.”
 
 
(5)
In Schedule 4 (ASB case reviews: supplementary provision)—
5
 
(a)
in paragraph 1 —
 
 
(i)
in sub-paragraph (1) , at the end insert “or (as the case may be)
 
 
to each of the local policing bodies for the relevant police
 
 
areas”;
 
 
(ii)
omit sub-paragraph (2) ;
10
 
(b)
in paragraph 4 , for the words from “about” to the end of the paragraph
 
 
substitute “for the relevant bodies, on the applicant’s request and in
 
 
such circumstances as may be specified in the procedures, to
 
 
reconsider—
 
 
“(a)
a decision not to carry out an ASB case review,
15
 
(b)
a decision not to make recommendations under section
 
 
104(7) in respect of a matter arising from an ASB case
 
 
review, or
 
 
(c)
a recommendation made under section 104(7) in respect
 
 
of such a matter.”;
20
 
(c)
in paragraph 8 (3) —
 
 
(i)
after “section 104,” insert “section 104A,”;
 
 
(ii)
for “or this Schedule” substitute “, this Schedule or Schedule
 
 
4A”;
 
 
(iii)
in paragraph (b) omit “or the relevant police area”;
25
 
(d)
after paragraph 9 insert—
 
 
“Duty of local policing body to promote awareness of ASB case reviews
 
 
10
A local policing body must, in such manner as it thinks
 
 
appropriate, promote awareness of—
 
 
(a)
opportunities in the body’s police area to make
30
 
applications for ASB case reviews, and
 
 
(b)
the review procedures for such reviews.
 
 
Guidance
 
 
11
The relevant bodies in a local government area must have
 
 
regard to guidance issued by the Secretary of State in
35
 
exercising functions under section 104 or this Schedule.”
 
 
(6)
After Schedule 4 insert the Schedule set out in Schedule 3 to this Act.
 

Page 16

7
Provision of information about anti-social behaviour to Secretary of State
 
 
In Part 6 of the Anti-social Behaviour, Crime and Policing Act 2014 (local
 
 
involvement and accountability), at the end insert—
 
 
“Information relating to anti-social behaviour
 
105A
Provision of information to Secretary of State
5
 
(1)
The Secretary of State may by regulations make provision requiring
 
 
specified relevant authorities to provide to the Secretary of State
 
 
specified information relating to anti-social behaviour.
 
 
(2)
The information that regulations may require a relevant authority to
 
 
provide includes in particular information about—
10
 
(a)
reports of anti-social behaviour made to the authority,
 
 
(b)
responses of the authority to anti-social behaviour, and
 
 
(c)
ASB case reviews carried out by the relevant authority.
 
 
(3)
The regulations may require a relevant authority to—
 
 
(a)
collect or otherwise obtain information,
15
 
(b)
create information,
 
 
(c)
retain information, or
 
 
(d)
process information (including by collating or analysing it),
 
 
for the purpose of providing information under the regulations.
 
 
(4)
The regulations may make provision—
20
 
(a)
requiring information to be provided at specified intervals or
 
 
on specified occasions;
 
 
(b)
about the form and manner in which information must be
 
 
provided.
 
 
(5)
The regulations may make different provision for different purposes.
25
 
(6)
The regulations may not require the disclosure of information if the
 
 
disclosure would contravene the data protection legislation (but in
 
 
determining whether a disclosure would do so, take into account any
 
 
duty imposed by the regulations).
 
 
(7)
Before making regulations under this section, the Secretary of State
30
 
must consult such persons as the Secretary of State considers
 
 
appropriate.
 
 
(8)
In this section—
 
 
“anti-social behaviour” includes—
 
 
(a)
conduct that is anti-social behaviour for the purposes
35
 
of any provision of this Act,
 
 
(b)
unreasonable conduct that has or is likely to have a
 
 
detrimental effect, of a persistent or continuing nature,
 
 
on the quality of life of those in a locality, and
 

Page 17

 
(c)
the use of premises that has resulted or is likely to result
 
 
in nuisance to members of the public, or that has been
 
 
or is likely to be associated with disorder near the
 
 
premises;
 
 
“ASB case review” has the same meaning as in section 104;
5
 
“data protection legislation” has the same meaning as in the Data
 
 
Protection Act 2018 (see section 3 of that Act);
 
 
“relevant authority” means—
 
 
(a)
a person mentioned in section 5(1) (persons entitled to
 
 
apply for injunctions under Part 1) other than the
10
 
Secretary of State,
 
 
(b)
an integrated care board established under section 14Z25
 
 
of the National Health Service Act 2006 for an area in
 
 
England, or
 
 
(c)
a Local Health Board for an area in Wales;
15
 
“specified” means specified in the regulations.”
 
 
8
Seizure of motor vehicles used in manner causing alarm, distress or
 

annoyance

 
 
(1)
In section 59 of the Police Reform Act 2002 (vehicles used in manner causing
 
 
alarm, distress or annoyance) omit subsections (4) and (5) (powers of seizure
20
 
etc exercisable only if warning given, subject to certain exceptions).
 
 
(2)
The amendment made by subsection (1) does not apply in relation to the use
 
 
of a motor vehicle on any occasion before the coming into force of this section .
 
9
Guidance on fly-tipping enforcement in England
 
 
In the Environmental Protection Act 1990 , after section 34C insert—
25
 
“Contraventions of sections 33 and 34: guidance on enforcement in England
 
34CZA
Guidance on fly-tipping enforcement in England
 
 
(1)
The Secretary of State may issue guidance to English waste collection
 
 
authorities about the exercise of their functions, and those of their
 
 
authorised officers, in connection with the enforcement of—
30
 
(a)
section 33(1)(a) (prohibition on unauthorised deposit of
 
 
controlled waste);
 
 
(b)
section 34(2A) (duty to secure that household waste transferred
 
 
only to authorised persons).
 
 
(2)
An English waste collection authority must have regard to any
35
 
guidance issued under this section when exercising any functions to
 
 
which the guidance relates.
 
 
(3)
The Secretary of State may revise any guidance issued under this
 
 
section.
 

Page 18

 
(4)
Before issuing or revising guidance under this section, the Secretary
 
 
of State must consult such persons as the Secretary of State considers
 
 
appropriate.
 
 
(5)
The Secretary of State must lay before Parliament and publish any
 
 
guidance, and any revised guidance, issued under this section.
5
 
(6)
In this section, “authorised officer”, in relation to an English waste
 
 
collection authority, means a person who is an authorised officer in
 
 
relation to that authority for the purposes of—
 
 
(a)
section 33ZA (fixed penalty notices for contravention of section
 
 
33(1)(a)) (see subsection (12) of that section),
10
 
(b)
section 34ZA (fixed penalty notices relating to section 34(2A))
 
 
(see subsection (12) of that section), or
 
 
(c)
section 34B (power to search and seize vehicles etc) (see
 
 
subsection (11) of that section).”
 
10
Offence of trespassing with intent to commit criminal offence
15
 
(1)
A person commits an offence if the person trespasses on any premises with
 
 
intent to commit an offence (whether or not on the premises).
 
 
(2)
In subsection (1) “premises” means any building, part of a building or enclosed
 
 
area.
 
 
(3)
A person who commits an offence under this section is liable on summary
20
 
conviction to imprisonment for a term not exceeding 3 months or a fine not
 
 
exceeding level 3 on the standard scale (or both).
 
11
Arranging or facilitating begging for gain
 
 
(1)
A person commits an offence if, for gain, the person arranges or facilitates
 
 
another person’s begging.
25
 
(2)
A person who commits an offence under this section is liable on summary
 
 
conviction to imprisonment for a term not exceeding the maximum term for
 
 
summary offences or a fine (or both).
 
 
(3)
In subsection (2) “the maximum term for summary offences” means—
 
 
(a)
if the offence is committed before the time when section 281(5) of the
30
 
Criminal Justice Act 2003 comes into force, 6 months;
 
 
(b)
if the offence is committed after that time, 51 weeks.
 

Page 19

Part 2

 

Offensive weapons

 

Chapter 1

 

Online advertising etc of unlawful weapons: civil penalties

 
 
12
“Relevant user-to-user services”, “relevant search services” and “service
5

providers”

 
 
(1)
For the purposes of this Chapter—
 
 
(a)
a “relevant search service” is a search service other than an exempt
 
 
service;
 
 
(b)
a “relevant user-to-user service” is a user-to-user service other than
10
 
an exempt service.
 
 
(2)
In subsection (1) , “search service” and “user-to-user service” have the same
 
 
meanings as in the Online Safety Act 2023 (the “2023 Act”) (see, in particular,
 
 
section 3 of that Act).
 
 
(3)
The following are exempt services for the purposes of subsection (1) —
15
 
(a)
a service of a kind that is described in any of the following paragraphs
 
 
of Schedule 1 to the 2023 Act (certain services exempt from regulation
 
 
under that Act)—
 
 
(i)
paragraph 1 or 2 (email, SMS and MMS services);
 
 
(ii)
paragraph 3 (services offering one-to-one live aural
20
 
communications);
 
 
(iii)
paragraph 4 (limited functionality services);
 
 
(iv)
paragraph 5 (services which enable combinations of
 
 
user-generated content);
 
 
(v)
paragraph 7 or 8 (internal business services);
25
 
(vi)
paragraph 9 (services provided by public bodies);
 
 
(vii)
paragraph 10 (services provided by persons providing education
 
 
or childcare), or
 
 
(b)
a service of a kind that is described in Schedule 2 to the 2023 Act
 
 
(services that include regulated provider pornographic content).
30
 
(4)
This Chapter does not apply in relation to a part of a relevant search service,
 
 
or a part of a relevant user-to-user service, if the 2023 Act does not apply to
 
 
that part of the service by virtue of section 5(1) or (2) of that Act.
 
 
(5)
In this Chapter, “service provider” means a provider of a relevant user-to-user
 
 
service or a provider of a relevant search service.
35

Page 20

13
Coordinating officer
 
 
(1)
The Secretary of State must designate a member of a relevant police force or
 
 
a National Crime Agency officer as the coordinating officer for the purposes
 
 
of this Chapter.
 
 
(2)
The coordinating officer may delegate any of the officer’s functions under
5
 
this Chapter (to such extent as the officer may determine) to another member
 
 
of a relevant police force or National Crime Agency officer.
 
14
Notice requiring appointment of content manager
 
 
(1)
The coordinating officer may give a service provider a notice (an “appointment
 
 
notice”) requiring the provider—
10
 
(a)
either to—
 
 
(i)
appoint an individual who meets the conditions in subsection
 
 
(2) as the provider’s content manager for the purposes of this
 
 
Chapter, or
 
 
(ii)
if there is no such individual, confirm that is the case to the
15
 
coordinating officer, and
 
 
(b)
to provide the coordinating officer with the required information.
 
 
(2)
The conditions are that the individual—
 
 
(a)
plays a significant role in—
 
 
(i)
the making of decisions about how a whole or substantial part
20
 
of the service provider’s activities are to be managed or
 
 
organised, or
 
 
(ii)
the actual managing or organising of the whole or a substantial
 
 
part of those activities, and
 
 
(b)
is habitually resident in the United Kingdom.
25
 
(3)
“Required information” means—
 
 
(a)
the contact details of any content manager appointed;
 
 
(b)
an email address, or details of another means of contacting the service
 
 
provider rapidly which is readily available, that may be used for the
 
 
purpose of giving the provider a notice under this Chapter;
30
 
(c)
information identifying the relevant user-to-user services, or (as the
 
 
case may be) the relevant search services, provided by the provider.
 
 
(4)
An appointment notice must—
 
 
(a)
specify the period before the end of which the service provider must
 
 
comply with the notice, and
35
 
(b)
explain the potential consequences of the service provider failing to
 
 
do so (see section 18 ).
 
 
(5)
The period specified under subsection (4) (a) must be at least seven days
 
 
beginning with the day on which the notice is given.
 

Page 21

15
Appointment of content manager following change of circumstances
 
 
(1)
This section applies where—
 
 
(a)
the coordinating officer has given a service provider an appointment
 
 
notice,
 
 
(b)
the provider has confirmed to the officer (in accordance with the
5
 
appointment notice or under section 16 (5) (b) ) that there is no individual
 
 
who meets the conditions in section 14 (2) , and
 
 
(c)
at any time within the period of two years beginning with the day on
 
 
which that confirmation was given, there is an individual who meets
 
 
those conditions.
10
 
(2)
The service provider must, before the end of the period of seven days
 
 
beginning with the first day on which there is an individual who meets those
 
 
conditions—
 
 
(a)
appoint such an individual as the provider’s content manager for the
 
 
purposes of this Chapter, and
15
 
(b)
provide the coordinating officer with the content manager’s contact
 
 
details.
 
16
Replacement of content manager
 
 
(1)
This section applies where a service provider has appointed an individual as
 
 
the provider’s content manager (whether in accordance with an appointment
20
 
notice or under section 15 or this section).
 
 
(2)
The service provider may replace the provider’s content manager by
 
 
appointing another individual who meets the conditions in section 14 (2) as
 
 
the provider’s new content manager for the purposes of this Chapter.
 
 
(3)
The service provider must, before the end of the period of seven days
25
 
beginning with the day on which an appointment is made under subsection
 
 
(2) , provide the coordinating officer with the new content manager’s contact
 
 
details.
 
 
(4)
If the individual appointed as a service provider’s content manager ceases to
 
 
meet any of the conditions in section 14 (2) , the appointment ceases to have
30
 
effect.
 
 
(5)
The service provider must, before the end of the period of seven days
 
 
beginning with the day on which an appointment ceases to have effect under
 
 
subsection (4) —
 
 
(a)
either—
35
 
(i)
appoint another individual who meets the conditions in section
 
 
14 (2) as the provider’s content manager for the purposes of
 
 
this Chapter, and
 
 
(ii)
provide the coordinating officer with the new content manager’s
 
 
contact details, or
40
 
(b)
if there is no longer such an individual, confirm that is the case to the
 
 
coordinating officer.
 

Page 22

17
Duty to notify changes in required information
 
 
(1)
This section applies where a service provider has, in accordance with an
 
 
appointment notice or under section 15 (2) (b) or 16 provided the coordinating
 
 
officer with required information.
 
 
(2)
The service provider must give notice to the coordinating officer of any change
5
 
in the required information.
 
 
(3)
The notice must specify the date on which the change occurred.
 
 
(4)
The notice must be given before the end of the period of seven days beginning
 
 
with the day on which the change occurred.
 
18
Failure to comply with content manager requirements: civil penalty
10
 
(1)
This section applies if the coordinating officer has given a service provider
 
 
an appointment notice and—
 
 
(a)
the period specified in the notice as mentioned in 14 (4) (a) has expired
 
 
without the provider having complied with the notice,
 
 
(b)
the provider has failed to comply with a requirement under section
15
 
15 , 16 or 17 ,
 
 
(c)
the provider, in purported compliance with a requirement to provide,
 
 
or give notice of a change in, required information (whether in
 
 
accordance with an appointment notice or under section 15 (2) (b) , 16
 
 
or 17 (2) ) makes a statement that is false in a material particular, or
20
 
(d)
the provider makes a statement that is false in giving the confirmation
 
 
mentioned in section 14 (1) (a) (ii) or 16 (5) (b) .
 
 
(2)
The coordinating officer may give the service provider a notice (a “penalty
 
 
notice”) requiring the provider to pay a penalty of an amount not exceeding
 
 
£60,000.
25
 
(3)
In order to take account of changes in the value of money the Secretary of
 
 
State may by regulations substitute another sum for the sum for the time
 
 
being specified in subsection (2) .
 
 
(4)
Schedule 4 makes further provision in connection with penalty notices given
 
 
under this Chapter.
30
19
Unlawful weapons content
 
 
(1)
For the purposes of this Chapter, content is “unlawful weapons content” in
 
 
England and Wales if it is content that constitutes—
 
 
(a)
an offence under section 1(1) of the Restriction of Offensive Weapons
 
 
Act 1959 (offering to sell, hire, loan or give away etc a dangerous
35
 
weapon),
 
 
(b)
an offence under section 1 or 2 of the Knives Act 1997 (marketing of
 
 
knives as suitable for combat etc and related publications), or
 

Page 23

 
(c)
an offence under section 141(1) of the Criminal Justice Act 1988 under
 
 
the law of England and Wales (offering to sell, hire, loan or give away
 
 
etc an offensive weapon).
 
 
(2)
For the purposes of this Chapter, content is “unlawful weapons content” in
 
 
Scotland if it is content that constitutes—
5
 
(a)
an offence within subsection (1) (a) or (b) , or
 
 
(b)
an offence under section 141(1) of the Criminal Justice Act 1988 under
 
 
the law of Scotland.
 
 
(3)
For the purposes of this Chapter, content is “unlawful weapons content” in
 
 
Northern Ireland if it is content that constitutes—
10
 
(a)
an offence under Article 53 of the Criminal Justice (Northern Ireland)
 
 
Order 1996 (S.I. 1996/3160 (N.I. 24)) (offering to sell, hire, loan or give
 
 
away etc certain knives),
 
 
(b)
an offence within subsection (1) (b) , or
 
 
(c)
an offence under section 141(1) of the Criminal Justice Act 1988 under
15
 
the law of Northern Ireland.
 
20
Content removal notices
 
 
(1)
This section applies where an authorised officer is satisfied that content—
 
 
(a)
present on a relevant user-to-user service, or
 
 
(b)
which may be encountered in or via search results of a relevant search
20
 
service;
 
 
is unlawful weapons content in a relevant part of the United Kingdom.
 
 
(2)
The authorised officer may give a content removal notice to—
 
 
(a)
the provider of the relevant user-to-user service, or
 
 
(b)
the provider of the relevant search service.
25
 
(3)
If the authorised officer gives a content removal notice to a service provider
 
 
in a case where the coordinating officer has the contact details of the provider’s
 
 
content manager, the authorised officer may also give the notice to that
 
 
manager.
 
 
(4)
A content removal notice is a notice requiring the service provider and (if
30
 
applicable) the provider’s content manager (each a “recipient”) to secure
 
 
that—
 
 
(a)
the content to which it relates is removed (see section 26 (2) ), and
 
 
(b)
confirmation of that fact is given to the authorised officer.
 
 
(5)
A content removal notice must—
35
 
(a)
identify the content to which it relates;
 
 
(b)
explain the authorised officer’s reasons for considering that the content
 
 
is unlawful weapons content in the relevant part (or parts) of the
 
 
United Kingdom;
 
 
(c)
explain that the notice must be complied with before the end of the
40
 
period of 48 hours beginning with the time the notice is given;
 

Page 24

 
(d)
explain that each recipient has the right to request a review of the
 
 
decision to give the notice and how a request is to be made (see section
 
 
21 );
 
 
(e)
set out the potential consequences of failure to comply with the notice;
 
 
(f)
contain the authorised officer’s contact details;
5
 
(g)
be in such form, and contain such further information, as the Secretary
 
 
of State may by regulations prescribe.
 
 
(6)
The authorised officer may withdraw a content removal notice from a recipient
 
 
by notifying the recipient to that effect (but withdrawal of a notice does not
 
 
prevent a further content removal notice from being given under this section
10
 
, whether or not in relation to the same content as the withdrawn notice).
 
 
(7)
In this section —
 
 
“authorised officer” means—
 
 
(a)
a member of a relevant police force who is authorised for the
 
 
purposes of this section by the chief officer of the force, or
15
 
(b)
a National Crime Agency officer who is authorised for the
 
 
purposes of this section by the Director General of the National
 
 
Crime Agency;
 
 
“relevant part of the United Kingdom” means—
 
 
(a)
where the authorised officer is a member of a relevant police
20
 
force in England and Wales, England and Wales;
 
 
(b)
where the authorised officer is a member of the Police Service
 
 
of Scotland, Scotland;
 
 
(c)
where the authorised officer is a member of the Police Service
 
 
of Northern Ireland, Northern Ireland;
25
 
(d)
where the authorised officer is a member of the Ministry of
 
 
Defence Police or a National Crime Agency officer, any part
 
 
of the United Kingdom.
 
21
Content removal notices: review
 
 
(1)
A person who is given a content removal notice (a “recipient”) may, before
30
 
the end of the initial 48-hour period, request a review of the decision to give
 
 
the notice.
 
 
(2)
A request under subsection (1) is to be made by the recipient giving—
 
 
(a)
a notice (a “review notice”) to the authorised officer, and
 
 
(b)
a copy of the review notice to the other recipient (if applicable).
35
 
(3)
The grounds on which a recipient may request a review include, in particular,
 
 
that—
 
 
(a)
content to which the notice relates is not unlawful weapons content;
 
 
(b)
content to which the notice relates is insufficiently identified for the
 
 
recipient to be able to take the action required by the notice;
40

Page 25

 
(c)
the provider that received the notice is not, in fact, the provider of the
 
 
relevant user-to-user service or relevant search service to which the
 
 
notice relates;
 
 
(d)
the individual who received the notice as the service provider’s content
 
 
manager is not, in fact, that provider’s content manager;
5
 
(e)
the notice was otherwise not given in accordance with this Chapter.
 
 
(4)
On receipt of a review notice, a review of the decision to give the content
 
 
removal notice must be carried out—
 
 
(a)
if the authorised officer is a member of a relevant police force, by
 
 
another member of that force who is of a higher rank;
10
 
(b)
if the authorised officer is a National Crime Agency officer, by another
 
 
officer who holds a more senior position in the Agency.
 
 
The individual carrying out the review is referred to in this section as “the
 
 
reviewing officer”.
 
 
(5)
On completing the review or (in a case where two review notices are given)
15
 
both reviews the reviewing officer must, in respect of each recipient, either—
 
 
(a)
confirm in full the decision to give the content removal notice,
 
 
(b)
confirm the decision to give the notice, but in relation to only some
 
 
of the content to which it relates, or
 
 
(c)
withdraw the notice.
20
 
(6)
The reviewing officer must give each recipient a notice (a “decision notice”)—
 
 
(a)
setting out the outcome of the review or reviews, and
 
 
(b)
giving reasons.
 
22
Decision notices requiring removal of unlawful weapons content
 
 
(1)
This section applies where the reviewing officer—
25
 
(a)
has carried out a review or reviews under section 21 , and
 
 
(b)
confirms the decision to give the content removal notice to the service
 
 
provider, the provider’s content manager or both of them (in each
 
 
case whether as mentioned in subsection (5) (a) or (b) of that section).
 
 
(2)
If the reviewing officer confirms in full the decision to give the content removal
30
 
notice, the decision notice must require its recipient to secure that—
 
 
(a)
the content to which the content removal notice relates is removed,
 
 
and
 
 
(b)
confirmation of that fact is given to the authorised officer.
 
 
(3)
If the officer confirms the decision to give the content removal notice but in
35
 
relation to only some of the content to which it relates, the decision notice
 
 
must—
 
 
(a)
identify the content to which the confirmation relates (the “confirmed
 
 
content”), and
 
 
(b)
require its recipient to secure that—
40
 
(i)
the confirmed content is removed, and
 

Page 26

 
(ii)
confirmation of that fact is given to the authorised officer.
 
 
(4)
A decision notice within subsection (2) or (3) must specify the period before
 
 
the end of which the notice must be complied with, and that period must be
 
 
whichever of the following is the longest—
 
 
(a)
the period of 24 hours beginning with the time the decision notice is
5
 
given;
 
 
(b)
the period—
 
 
(i)
beginning with the time the review notice or, if there was more
 
 
than one, the first review notice, was given under section 21
 
 
, and
10
 
(ii)
ending with the end of the initial 48-hour period.
 
 
(5)
In this section , “reviewing officer” has the same meaning as in section 21 .
 
 
23
Failure to comply with content removal notice or decision notice: civil
 

penalties

 
 
(1)
Subsection (2) applies where—
15
 
(a)
a content removal notice has been given to a service provider, or to
 
 
both a service provider and the provider’s content manager, in
 
 
accordance with section 20 , and
 
 
(b)
the initial 48-hour period has expired without the notice having been
 
 
complied with or a review notice having been given.
20
 
(2)
A senior authorised officer of the issuing force may give a penalty notice—
 
 
(a)
to the service provider, or
 
 
(b)
if the provider’s content manager also received the content removal
 
 
notice, to the content manager or to both of them.
 
 
(3)
Subsection (4) applies where, following a review or reviews under section
25
 
21 —
 
 
(a)
a decision notice has been given to the service provider or to both the
 
 
provider and the provider’s content manager in accordance with
 
 
section 22 (2) or (3) confirming the decision to give the content removal
 
 
notice, and
30
 
(b)
the period specified in the decision notice under subsection (4) of that
 
 
section has expired without that notice having been complied with.
 
 
(4)
A senior authorised officer of the issuing force may give a penalty notice—
 
 
(a)
to the service provider, or
 
 
(b)
if the provider’s content manager also received the decision notice, to
35
 
the content manager or to both of them.
 
 
(5)
In this section a “penalty notice” means a notice requiring its recipient to pay
 
 
a penalty—
 
 
(a)
where the recipient is a service provider, of an amount not exceeding
 
 
£60,000;
40

Page 27

 
(b)
where the recipient is a service provider’s content manager, of an
 
 
amount not exceeding £10,000.
 
 
(6)
In order to take account of changes in the value of money the Secretary of
 
 
State may by regulations substitute another sum for a sum for the time being
 
 
specified in subsection (5) .
5
 
(7)
See Schedule 4 for further provision in connection with penalty notices given
 
 
under this section.
 
24
Guidance
 
 
(1)
The Secretary of State may issue guidance to the persons mentioned in
 
 
subsection (2) about the exercise of their functions under this Chapter.
10
 
(2)
The persons are—
 
 
(a)
the chief officer, and any other member, of a relevant police force;
 
 
(b)
the Director General of the National Crime Agency and any other
 
 
officer of the Agency.
 
 
(3)
The Secretary of State may revise any guidance issued under this section .
15
 
(4)
The Secretary of State must publish any guidance or revisions issued under
 
 
this section .
 
 
(5)
A person mentioned in subsection (2) must have regard to any guidance
 
 
issued under this section when exercising a function under this Chapter.
 
25
Notices
20
 
(1)
This section applies in relation to any notice that must or may be given to a
 
 
person under this Chapter.
 
 
(2)
A notice may be given to a person by—
 
 
(a)
delivering it by hand to the person,
 
 
(b)
leaving it at the person’s proper address,
25
 
(c)
sending it by post to the person at that address, or
 
 
(d)
sending it by email to the person’s email address.
 
 
(3)
A notice to a body corporate may be given to any officer of that body.
 
 
(4)
A notice to a partnership may be given to any partner or to a person who
 
 
has the control or management of the partnership business.
30
 
(5)
A notice sent by first class post to an address in the United Kingdom, is
 
 
treated as given at noon on the second working day after the day of posting,
 
 
unless the contrary is proved.
 
 
(6)
A notice sent by email is treated as given at the time it is sent unless the
 
 
contrary is proved.
35
 
(7)
In this section —
 

Page 28

 
“director” includes any person occupying the position of a director, by
 
 
whatever name called;
 
 
“email address” , in relation to a person, means—
 
 
(a)
an email address provided by that person for the purposes of
 
 
this Chapter, or
5
 
(b)
any email address published for the time being by that person
 
 
as an address for contacting that person;
 
 
“officer” , in relation to an entity, includes a director, a manager, a partner,
 
 
the secretary or, where the affairs of the entity are managed by its
 
 
members, a member;
10
 
“ “proper address” ” means—
 
 
(a)
in the case of an entity, the address of the entity’s registered
 
 
office or principal office;
 
 
(b)
in any other case, the person’s last known address;
 
 
“working day” means any day other than—
15
 
(a)
a Saturday or Sunday, or
 
 
(b)
a day that is a bank holiday in any part of the United Kingdom
 
 
under the Banking and Financial Dealings Act 1971.
 
 
(8)
In the case of an entity registered or carrying on business outside the United
 
 
Kingdom, or with offices outside the United Kingdom, the reference in
20
 
subsection (7) , in the definition of “proper address”, to the entity’s principal
 
 
office includes—
 
 
(a)
its principal office in the United Kingdom, or
 
 
(b)
if the entity has no office in the United Kingdom, any place in the
 
 
United Kingdom at which the person giving the notice believes, on
25
 
reasonable grounds, that the notice will come to the attention of any
 
 
director or other officer of that entity.
 
26
Interpretation of Chapter
 
 
(1)
In this Chapter—
 
 
“appointment notice” has the meaning given by section 14 (1) ;
30
 
“authorised officer” in relation to a content removal notice, means the
 
 
member of a relevant police force, or officer of the National Crime
 
 
Agency, who gave the notice;
 
 
“chief officer” —
 
 
(a)
in relation to a police force in England and Wales, means the
35
 
chief officer of police of the force;
 
 
(b)
in relation to any other relevant police force, means the chief
 
 
constable of that force;
 
 
“contact details” , in relation to an individual, means the individual’s—
 
 
(a)
full name;
40
 
(b)
telephone number;
 
 
(c)
email address;
 

Page 29

 
(d)
residential address, or other service address, in the United
 
 
Kingdom;
 
 
“content” has the same meaning as in the Online Safety Act 2023 (see
 
 
section 236(1) of that Act);
 
 
“content manager” , in relation to a service provider, means the individual
5
 
for the time being appointed as the content manager of the provider
 
 
(whether in accordance with an appointment notice or under section
 
 
15 or 16 );
 
 
“content removal notice” has the meaning given by section 20 (4) ;
 
 
“coordinating officer” means the individual designated as such under
10
 
section 13 (1) ;
 
 
“decision notice” means a notice given under section 21 (6) ;
 
 
“encounter” , in relation to content, has the same meaning as in the Online
 
 
Safety Act 2023 (see section 236(1) of that Act);
 
 
“entity” has the same meaning as in that Act (see section 236(1) of that
15
 
Act);
 
 
“initial 48-hour period” , in relation to a content removal notice, means
 
 
the 48-hour period specified in the notice as mentioned in section
 
 
20 (5) (c) ;
 
 
“issuing force” —
20
 
(a)
in relation to a content removal notice given by a member of
 
 
a relevant police force, means that force;
 
 
(b)
in relation to a content removal notice given by a National
 
 
Crime Agency officer, means the National Crime Agency;
 
 
“relevant police force” —
25
 
(a)
in relation to England and Wales, means—
 
 
(i)
a police force in England and Wales, or
 
 
(ii)
the Ministry of Defence Police;
 
 
(b)
in relation to Scotland, means—
 
 
(i)
the Police Service of Scotland, or
30
 
(ii)
the Ministry of Defence Police;
 
 
(c)
in relation to Northern Ireland, means—
 
 
(i)
the Police Service of Northern Ireland, or
 
 
(ii)
the Ministry of Defence Police;
 
 
“relevant search service” and “relevant user-to-user service” have the
35
 
meanings given by section 12 ;
 
 
“required information” has the meaning given by section 14 (3) ;
 
 
“review notice” has the meaning given by section 21 (2) (a) ;
 
 
“search content” and “search results” have the meanings given by section
 
 
57 of the Online Safety Act 2023;
40
 
“senior authorised officer” , in relation to a relevant police force, means—
 
 
(a)
the chief officer of the relevant police force, or
 

Page 30

 
(b)
a member of the relevant police force of at least the rank of
 
 
inspector authorised for the purposes of this Chapter by the
 
 
chief officer;
 
 
“senior authorised officer” , in relation to the National Crime Agency,
 
 
means—
5
 
(a)
the Director General of the National Crime Agency, or
 
 
(b)
an officer of the Agency who—
 
 
(i)
holds a position in the Agency the seniority of which
 
 
is at least equivalent to that of the rank of inspector in
 
 
a relevant police force, and
10
 
(ii)
is authorised for the purposes of this Chapter by the
 
 
Director General;
 
 
“service address” has the same meaning as in the Companies Acts (see
 
 
section 1141 of the Companies Act 2006);
 
 
“service provider” has the meaning given by section 12 .
15
 
(2)
For the purposes of this Chapter, a reference to “removing” content—
 
 
(a)
in relation to content present on a relevant user-to-user service, is a
 
 
reference to any action that results in the content being removed from
 
 
the service, or being permanently hidden, so users of the service in
 
 
any part of the United Kingdom in which the content is unlawful
20
 
weapons content cannot encounter it;
 
 
(b)
in relation to content which may be encountered in or via search
 
 
results of a relevant search service, is a reference to taking measures
 
 
designed to secure, so far as possible, that the content is no longer
 
 
included in the search content of the service that is available in any
25
 
part of the United Kingdom in which the content is unlawful weapons
 
 
content;
 
 
and related expressions are to be read accordingly.
 
 
(3)
The following provisions of the Online Safety Act 2023 apply for the purposes
 
 
of this Chapter as they apply for the purposes of that Act—
30
 
(a)
section 226 (determining who is the provider of a particular
 
 
user-to-user service or search service);
 
 
(b)
section 236(5) and (6) (references to content being present).
 

Chapter 2

 

Other provision about offensive weapons

35
27
Possession of weapon with intent to use unlawful violence etc
 
 
(1)
In Part 11 of the Criminal Justice Act 1988, after section 139AA insert—
 
 
“139AB
Offence of possessing article with blade or point or offensive
 
 
weapon with intent to use unlawful violence etc
 
 
(1)
It is an offence for a person to have in their possession a relevant
40
 
weapon with intent by means thereof—
 

Page 31

 
(a)
to use unlawful violence against another person,
 
 
(b)
to cause another person to believe that unlawful violence will
 
 
be used against them or anyone else,
 
 
(c)
to cause serious unlawful damage to property, or
 
 
(d)
to enable another person to do anything mentioned in a
5
 
preceding paragraph.
 
 
(2)
In this section “relevant weapon” means—
 
 
(a)
an article to which section 139 applies, or
 
 
(b)
an offensive weapon within the meaning of section 1 of the
 
 
Prevention of Crime Act 1953.
10
 
(3)
A person who commits an offence under this section is liable—
 
 
(a)
on summary conviction, to imprisonment for a term not
 
 
exceeding the general limit in a magistrates’ court or a fine (or
 
 
both);
 
 
(b)
on conviction on indictment, to imprisonment for a term not
15
 
exceeding 4 years or a fine (or both).
 
 
(4)
For provision about the sentence for an offence under this section, see
 
 
section 315 of the Sentencing Code (minimum sentence for repeat
 
 
offence involving weapon, bladed article or corrosive substance).”
 
 
(2)
In section 315 of the Sentencing Code (minimum sentence for repeat offence
20
 
involving weapon, bladed article or corrosive substance)—
 
 
(a)
in subsection (1)(a) after sub-paragraph (iii) (but before the “or” at the
 
 
end of that sub-paragraph) insert—
 
 
“(iiia)
section 139AB of that Act (possessing article with
 
 
blade or point or offensive weapon with intent
25
 
to use unlawful violence etc),”;
 
 
(b)
in subsection (5)(b) for “or 139AA” substitute “, 139AA or 139AB ”.
 
 
(3)
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
 
 
section 45 does not apply), for paragraph 23 (offences under the Criminal
 
 
Justice Act 1988) substitute—
30
 
“23
An offence under any of the following provisions of the Criminal
 
 
Justice Act 1988—
 
 
section 134 (torture)
 
 
section 139AB (possessing article with blade or point or
 
 
offensive weapon with intent to use unlawful violence etc)”.
35
28
Maximum penalty for offences relating to offensive weapons
 
 
(1)
In section 141 of the Criminal Justice Act 1988 (offensive weapons)—
 

Page 32

 
(a)
in subsection (1) for the words from “and liable” to the end substitute
 
 
“and liable—
 
 
“(a)
on summary conviction in England and Wales, to
 
 
imprisonment for a term not exceeding the general limit
 
 
in a magistrates’ court or a fine (or both);
5
 
(b)
on summary conviction in Scotland, to imprisonment
 
 
for a term not exceeding 6 months or a fine not
 
 
exceeding level 5 on the standard scale (or both);
 
 
(c)
on summary conviction in Northern Ireland, to
 
 
imprisonment for a term not exceeding 12 months or a
10
 
fine not exceeding the statutory maximum (or both);
 
 
(d)
on conviction on indictment in England and Wales, to
 
 
imprisonment for a term not exceeding 2 years or a fine
 
 
(or both);
 
 
(e)
on conviction on indictment in Northern Ireland, to
15
 
imprisonment for a term not exceeding 4 years or a fine
 
 
(or both).”;
 
 
(b)
in subsection (1A)—
 
 
(i)
for “51 weeks” substitute “the general limit in a magistrates’
 
 
court”;
20
 
(ii)
after paragraph (c) insert—
 
 
“(ca)
on conviction on indictment in England and
 
 
Wales, to imprisonment for a term not exceeding
 
 
2 years or a fine (or both);”;
 
 
(c)
omit subsection (1B).
25
 
(2)
In section 141A(1) of that Act (sale of knives etc to children), for the words
 
 
from “and liable” to the end substitute “and liable—
 
 
“(a)
on summary conviction, to imprisonment for a term not
 
 
exceeding the general limit in a magistrates’ court or a fine (or
 
 
both);
30
 
(b)
on conviction on indictment, to imprisonment for a term not
 
 
exceeding 2 years or a fine (or both).”
 
 
(3)
In section 1 of the Restriction of Offensive Weapons Act 1959—
 
 
(a)
in subsection (1) omit the words from “and shall be liable” to the end;
 
 
(b)
after subsection (1) insert—
35
 
“(1ZA)
A person guilty of an offence under subsection (1) is liable—
 
 
(a)
on summary conviction in England and Wales, to
 
 
imprisonment for a term not exceeding the general limit
 
 
in a magistrates’ court or a fine (or both);
 
 
(b)
on summary conviction in Scotland, to imprisonment
40
 
for a term not exceeding 6 months or a fine not
 
 
exceeding level 4 on the standard scale (or both);
 

Page 33

 
(c)
on conviction on indictment in England and Wales, to
 
 
imprisonment for a term not exceeding 2 years or a fine
 
 
(or both).”;
 
 
(c)
in subsection (1B)—
 
 
(i)
in paragraph (a) for “51 weeks” substitute “the general limit
5
 
in a magistrates’ court”;
 
 
(ii)
after paragraph (b) insert—
 
 
“(c)
on conviction on indictment in England and
 
 
Wales, to imprisonment for a term not exceeding
 
 
2 years or a fine (or both).”
10
 
(d)
omit subsection (1C).
 
 
(4)
The amendments made by this section do not apply in relation to an offence
 
 
committed before this section comes into force.
 
29
Power to seize bladed articles etc
 
 
(1)
A constable who—
15
 
(a)
is lawfully on any premises,
 
 
(b)
finds, on the premises, an article which has a blade or is sharply
 
 
pointed (a “relevant article”), and
 
 
(c)
has reasonable grounds for suspecting that the relevant article would
 
 
be likely to be used in connection with unlawful violence (if it were
20
 
not seized),
 
 
may seize the relevant article.
 
 
(2)
The following provisions apply where a relevant article is seized under this
 
 
section.
 
 
(3)
The constable who seized the relevant article—
25
 
(a)
must give a record of what was seized to a person who is on the
 
 
premises, or
 
 
(b)
if there is no person on the premises, must leave a record of what was
 
 
seized in a prominent place on the premises.
 
 
(4)
The record must—
30
 
(a)
describe the relevant article,
 
 
(b)
state that it has been seized under this section,
 
 
(c)
specify the date of seizure,
 
 
(d)
give the reason why the relevant article was seized, and
 
 
(e)
specify the name and reference number of the constable who seized
35
 
the relevant article.
 
 
(5)
Following seizure of the relevant article, a constable may—
 
 
(a)
retain it, or
 
 
(b)
destroy it or otherwise dispose of it.
 
 
This is subject to subsections (6) and (8) .
40

Page 34

 
(6)
A person claiming to be the owner of the relevant article may apply to a
 
 
magistrates’ court for an order for the delivery of the relevant article to the
 
 
person.
 
 
(7)
The court may make an order under subsection (6) if it appears to the court
 
 
that—
5
 
(a)
the person making the application is the owner of the relevant article,
 
 
and
 
 
(b)
it would be just to make the order.
 
 
(8)
The relevant article may not be destroyed or disposed of—
 
 
(a)
in the period of 6 months beginning with the day on which it is seized,
10
 
or
 
 
(b)
if an application under subsection (6) is made in that period, until the
 
 
application (including any appeal) has been finally determined or
 
 
otherwise disposed of (and then, only if the court does not make an
 
 
order under that subsection).
15
 
(9)
In this section “unlawful violence” includes—
 
 
(a)
unlawful damage to property, and
 
 
(b)
a threat of unlawful violence (including of unlawful damage to
 
 
property).
 
30
Power to seize bladed articles etc: armed forces
20
 
In the Armed Forces Act 2006, after section 93 insert—
 
“93ZA
Power to seize bladed articles etc
 
 
(1)
This section applies where—
 
 
(a)
a service policeman is lawfully on any premises which are
 
 
searchable by virtue of this Part, or
25
 
(b)
a person subject to service law who is not a service policeman
 
 
is lawfully on any premises in the exercise of a power of search
 
 
conferred by virtue of this Part.
 
 
(2)
If the service policeman or person subject to service law—
 
 
(a)
finds, on the premises, an article which has a blade or is sharply
30
 
pointed (a “relevant article”), and
 
 
(b)
has reasonable grounds for suspecting that the relevant article
 
 
would be likely to be used in connection with unlawful violence
 
 
(if it were not seized),
 
 
they may seize the relevant article.
35
 
(3)
The following provisions apply where a relevant article is seized under
 
 
this section.
 
 
(4)
The service policeman or person subject to service law who seized the
 
 
relevant article—
 

Page 35

 
(a)
must give a record of what was seized to a person who is on
 
 
the premises, or
 
 
(b)
if there is no person on the premises, must leave a record of
 
 
what was seized in a prominent place on the premises.
 
 
(5)
The record must—
5
 
(a)
describe the relevant article,
 
 
(b)
state that it has been seized under this section,
 
 
(c)
specify the date of seizure,
 
 
(d)
give the reason why the relevant article was seized, and
 
 
(e)
specify the name, rank or rate, and the unit, of the service
10
 
policeman or person subject to service law who seized the
 
 
relevant article.
 
 
(6)
Following seizure of the relevant article, the service policeman or
 
 
person subject to service law may—
 
 
(a)
retain it, or
15
 
(b)
destroy it or otherwise dispose of it.
 
 
This is subject to subsections (7) and (12) .
 
 
(7)
A person (“P”) claiming to be the owner of the relevant article may
 
 
apply to the commanding officer of the relevant person for a
 
 
determination that the relevant article should be delivered to P.
20
 
(8)
The “relevant person” is the person by virtue of whose occupation of
 
 
or other connection with the premises, the premises are within
 
 
subsection (1) .
 
 
(9)
The commanding officer may make a determination under subsection
 
 
(7) if it appears to them that—
25
 
(a)
P is the owner of the relevant article, and
 
 
(b)
it would be just to make the determination.
 
 
(10)
If the commanding officer does not make a determination under
 
 
subsection (7) , P may appeal to a judge advocate.
 
 
(11)
The Secretary of State may by regulations make provision—
30
 
(a)
with respect to the practice and procedure which is to apply
 
 
in connection with applications for a determination under
 
 
subsection (7) and appeals under subsection (10) ;
 
 
(b)
conferring functions on judge advocates in relation to appeals
 
 
under subsection (10) .
35
 
(12)
The relevant article may not be destroyed or disposed of—
 
 
(a)
in the period of 6 months beginning with the day on which it
 
 
is seized, or
 
 
(b)
if an application under subsection (7) is made in that period,
 
 
until the application (including any appeal) has been finally
40
 
determined or otherwise disposed of (and then, only if no
 

Page 36

 
determination is made that the relevant article should be
 
 
delivered to P).
 
 
(13)
In this section “unlawful violence” includes—
 
 
(a)
unlawful damage to property, and
 
 
(b)
a threat of unlawful violence (including of unlawful damage
5
 
to property).”
 
31
Remote sales of knives etc
 
 
(1)
Section 141B of the Criminal Justice Act 1988 (remote sales of knives) is
 
 
amended as follows.
 
 
(2)
For subsection (4) substitute—
10
 
“(4)
Condition A is that, before the sale—
 
 
(a)
the seller obtained from the buyer—
 
 
(i)
a copy of an identity document issued to the buyer,
 
 
and
 
 
(ii)
a photograph of the buyer, and
15
 
(b)
on the basis of the things obtained under paragraph (a) , a
 
 
reasonable person would have been satisfied that the buyer
 
 
was aged 18 or over.
 
 
(4A)
For the purposes of subsection (4) an “identity document” means—
 
 
(a)
a United Kingdom passport (within the meaning of the
20
 
Immigration Act 1971);
 
 
(b)
a passport issued by or on behalf of the authorities of a country
 
 
or territory outside the United Kingdom or by or on behalf of
 
 
an international organisation;
 
 
(c)
a licence to drive a motor vehicle granted under Part 3 of the
25
 
Road Traffic 1988 or under Part 2 of the Road Traffic (Northern
 
 
Ireland) Order 1981 (S.I. 1981/154 (N.I. 1));
 
 
(d)
any other document specified in regulations made by the
 
 
Secretary of State.”
 
 
(3)
In subsection (5)(b), for “a person aged 18 or over” substitute “the buyer”.
30
 
(4)
In subsection (6), for “a person aged 18 or over” substitute “the buyer”.
 
 
(5)
In subsection (8), omit “or a person acting on behalf of the buyer” in both
 
 
places it occurs.
 
 
(6)
After subsection (9) insert—
 
 
“(10)
Regulations made by the Secretary of State under this section are to
35
 
be made by statutory instrument.
 
 
(11)
A statutory instrument containing regulations under this section is
 
 
subject to annulment in pursuance of a resolution of either House of
 
 
Parliament.”
 

Page 37

32
Delivery of knives etc
 
 
(1)
The Offensive Weapons Act 2019 is amended as follows.
 
 
(2)
After section 39 insert—
 
“39A
Defences to offence under section 38: England and Wales
 
 
(1)
It is a defence for a person charged in England and Wales with an
5
 
offence under section 38(2) of delivering a bladed product to residential
 
 
premises to show that the delivery conditions were met.
 
 
(2)
It is a defence for a person (“the seller”) charged in England and Wales
 
 
with an offence under section 38(2) of arranging for the delivery of a
 
 
bladed product to residential premises to show that—
10
 
(a)
the arrangement required the person with whom it was made
 
 
not to finally deliver the bladed product unless the delivery
 
 
conditions were met, and
 
 
(b)
the seller took all reasonable precautions and exercised all due
 
 
diligence to ensure that the product would not be finally
15
 
delivered unless the delivery conditions were met.
 
 
(3)
It is a defence for a person charged in England and Wales with an
 
 
offence under section 38(3) to show that they took all reasonable
 
 
precautions and exercised all due diligence to avoid commission of
 
 
the offence.
20
 
(4)
The delivery conditions are that—
 
 
(a)
the person (“P”) into whose hands the bladed product was
 
 
finally delivered showed the person delivering it an identity
 
 
document issued to P, and
 
 
(b)
on the basis of that document a reasonable person would have
25
 
been satisfied—
 
 
(i)
that P was over 18, and
 
 
(ii)
if the buyer was an individual, that P was the buyer.
 
 
(5)
In subsection (4) “identity document” means—
 
 
(a)
a United Kingdom passport (within the meaning of the
30
 
Immigration Act 1971);
 
 
(b)
a passport issued by or on behalf of the authorities of a country
 
 
or territory outside the United Kingdom or by or on behalf of
 
 
an international organisation;
 
 
(c)
a licence to drive a motor vehicle granted under Part 3 of the
35
 
Road Traffic 1988 or under Part 2 of the Road Traffic (Northern
 
 
Ireland) Order 1981 (S.I. 1981/154 (N.I. 1));
 
 
(d)
any other document specified in regulations made by the
 
 
Secretary of State.
 
 
(6)
A person is to be taken to have shown a matter for the purposes of
40
 
this section if—
 

Page 38

 
(a)
sufficient evidence of the matter is adduced to raise an issue
 
 
with respect to it, and
 
 
(b)
the contrary is not proved beyond reasonable doubt.
 
 
(7)
The Secretary of State may by regulations provide for other defences
 
 
for a person charged in England and Wales with an offence under
5
 
section 38.”
 
 
(3)
After section 40 insert—
 
 
“40A
Delivery of bladed products sold by UK seller to residential premises:
 
 
England and Wales
 
 
(1)
This section applies if—
10
 
(a)
a person (“the seller”) sells a bladed product to another person
 
 
(“the buyer”),
 
 
(b)
the seller and the buyer are not in each other’s presence at the
 
 
time of the sale and the seller is within the United Kingdom
 
 
at that time,
15
 
(c)
before the sale the seller entered into an arrangement with a
 
 
person (“the courier”) by which the courier agreed to deliver
 
 
bladed products for the seller,
 
 
(d)
the courier was aware when they entered into the arrangement
 
 
that it covered the delivery of bladed products, and
20
 
(e)
pursuant to the arrangement, the courier finally delivers the
 
 
bladed product to residential premises in England or Wales.
 
 
(2)
The courier commits an offence if, when they finally deliver the bladed
 
 
product to residential premises in England or Wales, they do not
 
 
deliver it into the hands of a person who—
25
 
(a)
is aged 18 or over, and
 
 
(b)
if the buyer is an individual, is the buyer.
 
 
(3)
A person finally delivering the bladed product to residential premises
 
 
in England or Wales on behalf of the courier commits an offence if,
 
 
when they deliver it, they do not deliver it into the hands of a person
30
 
who—
 
 
(a)
is aged 18 or over, and
 
 
(b)
if the buyer is an individual, is the buyer.
 
 
(4)
It is a defence for a person charged with an offence under subsection
 
 
(2) to show that the delivery conditions (within the meaning of section
35
 
39A (4) ) were met.
 
 
(5)
It is a defence for a person charged with an offence under subsection
 
 
(3) to show that—
 
 
(a)
the delivery conditions (within the meaning of section 39A (4)
 
 
) were met, or
40
 
(b)
the person did not know, and a reasonable person would not
 
 
have known, that the person was delivering a bladed product.
 

Page 39

 
(6)
A person is to be taken to have shown a matter for the purposes of
 
 
this section if—
 
 
(a)
sufficient evidence of the matter is adduced to raise an issue
 
 
with respect to it, and
 
 
(b)
the contrary is not proved beyond reasonable doubt.
5
 
(7)
A person guilty of an offence under this section is liable on summary
 
 
conviction to a fine.
 
 
(8)
Section 39(2) to (5) applies for the purposes of subsection (1) (b) and
 
 
(e) as it applies for the purposes of section 39(1)(b) and (e).
 
 
(9)
The Secretary of State may by regulations provide for other defences
10
 
for a person charged with an offence under this section.
 
 
40B
Offence of UK seller delivering etc bladed product to collection point:
 
 
England and Wales
 
 
(1)
This section applies if—
 
 
(a)
a person (“the seller”) sells a bladed product to another person
15
 
(“the buyer”), and
 
 
(b)
the seller and the buyer are not in each other’s presence at the
 
 
time of the sale and the seller is within the United Kingdom
 
 
at that time.
 
 
(2)
The seller commits an offence if, for the purposes of supplying the
20
 
bladed product to the buyer, the seller—
 
 
(a)
delivers the bladed product to a collection point in England or
 
 
Wales, or
 
 
(b)
arranges for the bladed product to be delivered to a collection
 
 
point in England or Wales.
25
 
(3)
It is a defence for a person charged with an offence under subsection
 
 
(2) (a) to show that—
 
 
(a)
when the package containing the bladed product was delivered
 
 
to the collection point, it was clearly marked to indicate that
 
 
it contained a bladed product and should only be given into
30
 
the hands of a person who—
 
 
(i)
is aged 18 or over, and
 
 
(ii)
if the buyer is an individual, is the buyer, and
 
 
(b)
they took all reasonable precautions and exercised all due
 
 
diligence to ensure that the package containing the bladed
35
 
product would be given into the hands of such a person.
 
 
(4)
It is a defence for a person charged with an offence under subsection
 
 
(2) (b) to show that—
 
 
(a)
when the package containing the bladed product was given to
 
 
the person with whom the arrangement was made, it was
40

Page 40

 
clearly marked to indicate that it contained a bladed product
 
 
and should only be given into the hands of a person who—
 
 
(i)
is aged 18 or over, and
 
 
(ii)
if the buyer is an individual, is the buyer, and
 
 
(b)
the seller took all reasonable precautions and exercised all due
5
 
diligence to ensure that the package containing the bladed
 
 
product would be given into the hands of such a person.
 
 
(5)
A person is to be taken to have shown a matter for the purposes of
 
 
this section if—
 
 
(a)
sufficient evidence of the matter is adduced to raise an issue
10
 
with respect to it, and
 
 
(b)
the contrary is not proved beyond reasonable doubt.
 
 
(6)
A person guilty of an offence under this section is liable on summary
 
 
conviction to a fine.
 
 
(7)
“Collection point” means a place—
15
 
(a)
from which the bladed product may be collected by the buyer
 
 
or a person acting on behalf of the buyer, and
 
 
(b)
where on collection the bladed product is given by an
 
 
individual to the buyer or a person acting on behalf of the
 
 
buyer.
20
 
(8)
Section 39(2) and (3) applies for the purposes of subsection (1) (b) as
 
 
it applies for the purposes of section 39(1)(b).
 
 
(9)
The Secretary of State may by regulations provide for other defences
 
 
for a person charged with an offence under this section.
 
 
40C
Offence of courier delivering bladed product sold by UK seller to
25
 
collection point: England and Wales
 
 
(1)
This section applies if—
 
 
(a)
a person (“the seller”) sells a bladed product to another person
 
 
(“the buyer”),
 
 
(b)
the seller and the buyer are not in each other’s presence at the
30
 
time of the sale and the seller is within the United Kingdom
 
 
at that time,
 
 
(c)
before the sale the seller entered into an arrangement with a
 
 
person (“the courier”) by which the person agreed to deliver
 
 
bladed products for the seller, and
35
 
(d)
the courier was aware when they entered into the arrangement
 
 
that it covered the delivery of bladed products.
 
 
(2)
The courier commits an offence if, pursuant to the arrangement, they
 
 
deliver a bladed product to a collection point in England or Wales.
 
 
(3)
It is a defence for a person charged with an offence under this section
40
 
to show that—
 

Page 41

 
(a)
when the package containing the bladed product was delivered
 
 
to the collection point, it was clearly marked to indicate that
 
 
it contained a bladed product and should only be given into
 
 
the hands of a person who—
 
 
(i)
is aged 18 or over, and
5
 
(ii)
if the buyer is an individual, is the buyer, and
 
 
(b)
they took all reasonable precautions and exercised all due
 
 
diligence to ensure that the package containing the bladed
 
 
product would be given into the hands of such a person.
 
 
(4)
It is a defence for a person charged with an offence under this section
10
 
to show that the person did not know, and a reasonable person would
 
 
not have known, that the product was a bladed product.
 
 
(5)
A person is to be taken to have shown a matter for the purposes of
 
 
this section if—
 
 
(a)
sufficient evidence of the matter is adduced to raise an issue
15
 
with respect to it, and
 
 
(b)
the contrary is not proved beyond reasonable doubt.
 
 
(6)
A person guilty of an offence under this section is liable on summary
 
 
conviction to a fine.
 
 
(7)
“Collection point” has the meaning given in section 40B.
20
 
(8)
Section 39(2) and (3) applies for the purposes of subsection (1) (b) as
 
 
it applies for the purposes of section 39(1)(b).
 
 
(9)
The Secretary of State may by regulations provide for other defences
 
 
for a person charged with an offence under this section.
 
 
40D
Handing over bladed products sold by UK seller at collection point:
25
 
England and Wales
 
 
(1)
This section applies if—
 
 
(a)
a person (“the seller”) sells a bladed product to another person
 
 
(“the buyer”),
 
 
(b)
the seller and the buyer are not in each other’s presence at the
30
 
time of the sale and the seller is within the United Kingdom
 
 
at that time,
 
 
(c)
the bladed product is delivered to a collection point in England
 
 
or Wales, and
 
 
(d)
condition A or condition B is satisfied.
35
 
(2)
Condition A is that—
 
 
(a)
the delivery is pursuant to an arrangement entered into before
 
 
the delivery by—
 
 
(i)
the person operating the collection point (the
 
 
“operator”), and
40

Page 42

 
(ii)
the seller or the person delivering the bladed product
 
 
to the collection point, and
 
 
(b)
the operator was aware when they entered into the arrangement
 
 
that it covered the delivery to the collection point of bladed
 
 
products.
5
 
(3)
Condition B is that the seller is the operator of the collection point.
 
 
(4)
The operator commits an offence if, when the bladed product is
 
 
collected, it is not given into the hands of an eligible person.
 
 
(5)
A person acting on behalf of the operator commits an offence if—
 
 
(a)
they give it to a person collecting it, but
10
 
(b)
do not give it into the hands of an eligible person.
 
 
(6)
“Eligible person” means a person who—
 
 
(a)
is aged 18 or over, and
 
 
(b)
if the buyer is an individual, is the buyer.
 
 
(7)
It is a defence for a person charged with an offence under subsection
15
 
(4) or (5) to show that the collection conditions were met.
 
 
(8)
The collection conditions are that—
 
 
(a)
the person (“P”) who collected the bladed product showed the
 
 
individual giving it to them an identity document issued to P,
 
 
and
20
 
(b)
on the basis of that document a reasonable person would have
 
 
been satisfied—
 
 
(i)
that P was over 18, and
 
 
(ii)
if the buyer was an individual, that P was the buyer.
 
 
(9)
It is a defence for a person charged with an offence under subsection
25
 
(4) or (5) to show that the person did not know, and a reasonable
 
 
person would not have known, that the product was a bladed product.
 
 
(10)
A person is to be taken to have shown a matter for the purposes of
 
 
this section if—
 
 
(a)
sufficient evidence of the matter is adduced to raise an issue
30
 
with respect to it, and
 
 
(b)
the contrary is not proved beyond reasonable doubt.
 
 
(11)
A person guilty of an offence under this section is liable on summary
 
 
conviction to a fine.
 
 
(12)
In this section—
35
 
“collection point” has the meaning given in section 40B;
 
 
“identity document” has the meaning given in section 39A.
 
 
(13)
Section 39(2) and (3) applies for the purposes of subsection (1) (b) as
 
 
it applies for the purposes of section 39(1)(b).
 

Page 43

 
(14)
The Secretary of State may by regulations provide for other defences
 
 
for a person charged with an offence under this section.”
 
 
(4)
After section 42 insert—
 
 
“42A
Delivery of bladed articles sold by non-UK seller to premises: England
 
 
and Wales
5
 
(1)
This section applies if—
 
 
(a)
a person (“the seller”) sells a bladed article to another person
 
 
(“the buyer”),
 
 
(b)
the seller and the buyer are not in each other’s presence at the
 
 
time of the sale and the seller is outside the United Kingdom
10
 
at that time,
 
 
(c)
before the sale the seller entered into an arrangement with a
 
 
person (“the courier”) by which the courier agreed to deliver
 
 
bladed articles for the seller,
 
 
(d)
the courier was aware when they entered into the arrangement
15
 
that it covered the delivery of bladed articles, and
 
 
(e)
pursuant to the arrangement, the courier finally delivers the
 
 
bladed article to premises in England or Wales.
 
 
(2)
The courier commits an offence if, when they finally deliver the bladed
 
 
article, they do not deliver it into the hands of a person who—
20
 
(a)
is aged 18 or over, and
 
 
(b)
if the buyer is an individual, is the buyer.
 
 
(3)
A person finally delivering the bladed article on behalf of the courier
 
 
commits an offence if, when they deliver the bladed article, they do
 
 
not deliver it into the hands of a person who—
25
 
(a)
is aged 18 or over, and
 
 
(b)
if the buyer is an individual, is the buyer.
 
 
(4)
It is a defence for a person charged with an offence under subsection
 
 
(2) to show that the delivery conditions were met.
 
 
(5)
It is a defence for a person charged with an offence under subsection
30
 
(3) to show that—
 
 
(a)
the delivery conditions were met, or
 
 
(b)
the person did not know, and a reasonable person would not
 
 
have known, that the person was delivering a bladed article.
 
 
(6)
A person is to be taken to have shown a matter for the purposes of
35
 
this section if—
 
 
(a)
sufficient evidence of the matter is adduced to raise an issue
 
 
with respect to it, and
 
 
(b)
the contrary is not proved beyond reasonable doubt.
 
 
(7)
A person guilty of an offence under this section is liable on summary
40
 
conviction to a fine.
 

Page 44

 
(8)
Section 42(2) and (3) applies for the purposes of subsection (1) (b) as
 
 
it applies for the purposes of section 42(1)(b).
 
 
(9)
In this section—
 
 
“bladed article” means an article to which section 141A of the
 
 
Criminal Justice Act 1988 applies (as that section has effect in
5
 
relation to England and Wales);
 
 
“delivery conditions” has the meaning given by section 39A (4)
 
 
, but reading the reference in that section to a bladed product
 
 
as a reference to a bladed article.”
 
 
(5)
In section 38(10) (offences) for “section” substitute “sections 39A and”.
10
 
(6)
In section 39 (delivery of bladed products to persons under 18)—
 
 
(a)
in the heading, at the end insert “: Scotland and Northern Ireland”;
 
 
(b)
in subsection (1)(e) after “premises” insert “in Scotland or Northern
 
 
Ireland”;
 
 
(c)
in subsection (7) omit paragraph (a).
15
 
(7)
In section 40 (defences to delivery offences under sections 38 and 39)—
 
 
(a)
in the heading, after “39” insert “: Scotland and Northern Ireland”;
 
 
(b)
in subsection (1) after “charged” insert “in Scotland or Northern
 
 
Ireland”;
 
 
(c)
in subsection (2) after “charged” insert “in Scotland or Northern
20
 
Ireland”;
 
 
(d)
in subsection (3) after “charged” insert “in Scotland or Northern
 
 
Ireland”;
 
 
(e)
in subsection (4) after “charged” insert “in Scotland or Northern
 
 
Ireland”;
25
 
(f)
in subsection (5) after “charged” insert “in Scotland or Northern
 
 
Ireland”;
 
 
(g)
in subsection (6) after “charged” insert “in Scotland or Northern
 
 
Ireland”;
 
 
(h)
in subsection (7), omit “England and Wales or”;
30
 
(i)
in subsection (14), in the definition of “appropriate national authority”
 
 
omit paragraph (a).
 
 
(8)
In section 41 (meaning of “bladed product” in sections 38 to 40)—
 
 
(a)
in the heading, for “40” substitute “ 40D ”;
 
 
(b)
in subsection (1) for “40” substitute “ 40D ”;
35
 
(c)
in subsection (2) for “40” substitute “ 40D ”.
 
 
(9)
In section 42 (delivery of knives etc pursuant to arrangement with seller
 
 
outside UK)—
 
 
(a)
in the heading, at the end insert “: Scotland and Northern Ireland”;
 
 
(b)
in subsection (1)(e), after “article” insert “to premises in Scotland or
40
 
Northern Ireland”;
 
 
(c)
in subsection (5) omit “England and Wales or”;
 

Page 45

 
(d)
omit subsection (10)(a);
 
 
(e)
omit subsection (11)(a).
 
 
(10)
In section 66(1)(j) (guidance on offences relating to offensive weapons etc) for
 
 
“42” substitute “42A”.
 
 
(11)
In section 68 (regulations and orders)—
5
 
(a)
in subsection (2) after “State” insert, “, except for regulations under
 
 
section 39A (5) (d) ,”;
 
 
(b)
after subsection (2) insert—
 
 
“(2A)
A statutory instrument containing regulations under section
 
 
39A (5) (d) is subject to annulment in pursuance of a resolution
10
 
of either House of Parliament.”
 
33
Remote sale and letting of crossbows
 
 
(1)
The Crossbows Act 1987 is amended as follows.
 
 
(2)
In section 1 omit “unless he believes him to be eighteen years or older and
 
 
has reasonable grounds for the belief”.
15
 
(3)
After section 1A insert—
 
“1B
Defences to offence under section 1: England and Wales
 
 
(1)
It is a defence for a person charged with an offence under section 1
 
 
to show that they took all reasonable precautions and exercised all
 
 
due diligence to avoid the commission of the offence.
20
 
(2)
Subsection (3) applies if—
 
 
(a)
a person (“A”) is charged with an offence under section 1, and
 
 
(b)
A was not in the presence of the person (“B”) to whom the
 
 
crossbow or part of a crossbow was sold or let on hire at the
 
 
time of the sale or letting on hire.
25
 
(3)
A is not to be regarded as having shown that A took all reasonable
 
 
precautions and exercised all due diligence to avoid the commission
 
 
of the offence unless, as a minimum, A shows that the following
 
 
conditions are met.
 
 
(4)
Condition 1 is that, before the sale or letting on hire—
30
 
(a)
A obtained from B—
 
 
(i)
a copy of an identity document issued to B, and
 
 
(ii)
a photograph of B, and
 
 
(b)
on the basis of the things obtained under paragraph (a) , a
 
 
reasonable person would have been satisfied that B was aged
35
 
18 or over.
 
 
(5)
For the purposes of subsection (4) an “identity document” means—
 
 
(a)
a United Kingdom passport (within the meaning of the
 
 
Immigration Act 1971);
 

Page 46

 
(b)
a passport issued by or on behalf of the authorities of a country
 
 
or territory outside the United Kingdom or by or on behalf of
 
 
an international organisation;
 
 
(c)
a licence to drive a motor vehicle granted under Part 3 of the
 
 
Road Traffic 1988 or under Part 2 of the Road Traffic (Northern
5
 
Ireland) Order 1981 (S.I. 1981/154 (N.I. 1));
 
 
(d)
any other document specified in regulations made by the
 
 
Secretary of State.
 
 
(6)
Condition 2 is that when the package containing the crossbow or part
 
 
of the crossbow was dispatched by A, it was clearly marked to
10
 
indicate—
 
 
(a)
that it contained a crossbow or part of a crossbow, and
 
 
(b)
that, when finally delivered, it should only be delivered into
 
 
the hands of B.
 
 
(7)
Condition 3 is that A took all reasonable precautions and exercised
15
 
all due diligence to ensure that, when finally delivered, the package
 
 
would be delivered into the hands of B.
 
 
(8)
Condition 4 is that A did not deliver the package, or arrange for its
 
 
delivery, to a locker.
 
 
(9)
Where the crossbow or part of a crossbow was dispatched by A to a
20
 
place from which it was to be collected by B, references in subsections
 
 
(6) and (7) to its final delivery are to be read as its supply to B from
 
 
that place.
 
 
(10)
In subsection (8) “locker” means a lockable container to which the
 
 
package is delivered with a view to its collection by B, or a person
25
 
acting on behalf of B, in accordance with arrangements made between
 
 
A and B.”
 
34
Delivery of crossbows
 
 
In the Crossbows Act 1987, after section 1B (inserted by section 33 ) insert—
 
 
“1C
Offence of seller etc delivering crossbows or parts of crossbows to
30
 
residential premises in England or Wales
 
 
(1)
This section applies if—
 
 
(a)
a person (“A”) sells or lets on hire a crossbow or part of a
 
 
crossbow to another person (“B”), and
 
 
(b)
A and B are not in each other's presence at the time of the sale.
35
 
(2)
A commits an offence if, for the purposes of supplying the crossbow
 
 
or part of a crossbow to B, A—
 
 
(a)
delivers the crossbow or part of a crossbow to residential
 
 
premises in England or Wales, or
 
 
(b)
arranges for its delivery to residential premises in England or
40
 
Wales.
 

Page 47

 
(3)
A commits an offence if, for the purposes of supplying the crossbow
 
 
or part of a crossbow to B, A—
 
 
(a)
delivers the crossbow or part of a crossbow to a locker in
 
 
England or Wales, or
 
 
(b)
arranges for its delivery to a locker in England or Wales.
5
 
(4)
In subsection (3) “locker” means a lockable container to which the
 
 
crossbow or part of a crossbow is delivered with a view to its collection
 
 
by B, or a person acting on behalf of B, in accordance with
 
 
arrangements made between A and B.
 
 
(5)
A person guilty of an offence under this section is liable on summary
10
 
conviction to imprisonment for a term not exceeding the maximum
 
 
term for summary offences or a fine (or both).
 
 
(6)
The “maximum term for summary offences”, in relation to an offence,
 
 
means—
 
 
(a)
if the offence is committed before the time when section 281(5)
15
 
of the Criminal Justice Act 2003 comes into force, six months;
 
 
(b)
if the offence is committed after that time, 51 weeks.
 
1D
Defences to offences under section 1C
 
 
(1)
It is a defence for a person charged with an offence under section
 
 
1C (2) (a) to show that the delivery conditions were met.
20
 
(2)
It is a defence for a person charged with an offence under section
 
 
1C (2) (b) to show that—
 
 
(a)
the arrangement required the person with whom it was made
 
 
not to finally deliver the crossbow or part of a crossbow unless
 
 
the delivery conditions were met, and
25
 
(b)
the person charged with the offence took all reasonable
 
 
precautions and exercised all due diligence to ensure that the
 
 
crossbow or part of a crossbow would not be finally delivered
 
 
unless the delivery conditions were met.
 
 
(3)
It is a defence for a person charged with an offence under section
30
 
1C (3) to show that they took all reasonable precautions and exercised
 
 
all due diligence to avoid the commission of the offence.
 
 
(4)
For the purposes of this section the delivery conditions are that—
 
 
(a)
the person (“P”) into whose hands the crossbow or part of a
 
 
crossbow was finally delivered showed the person delivering
35
 
it an identity document issued to P, and
 
 
(b)
on the basis of that document a reasonable person would have
 
 
been satisfied—
 
 
(i)
that P was over 18, and
 

Page 48

 
(ii)
if the person to whom the crossbow or part of a
 
 
crossbow was sold or let on hire was an individual,
 
 
that P was that individual.
 
 
(5)
“Identity document” has the same meaning as in section 1B (5) .
 
 
(6)
The Secretary of State may by regulations provide for other defences
5
 
for a person charged with an offence under section 1C .
 
 
1E
Offence of delivery business delivering crossbows or parts of
 
 
crossbows to residential premises in England or Wales on behalf of
 
 
UK seller
 
 
(1)
This section applies if—
10
 
(a)
a person (“A”) sells or lets on hire a crossbow or part of a
 
 
crossbow to another person (“B”),
 
 
(b)
A and B are not in each other’s presence at the time of the sale
 
 
or letting on hire and A is within the United Kingdom at that
 
 
time,
15
 
(c)
before the sale or letting on hire A entered into an arrangement
 
 
with a person (“C”) by which C agreed to deliver crossbows
 
 
or parts of crossbows for A,
 
 
(d)
C was aware when they entered into the arrangement that it
 
 
covered the delivery of crossbows or parts of crossbows, and
20
 
(e)
pursuant to the arrangement, C finally delivers the crossbow
 
 
or part of a crossbow to residential premises in England or
 
 
Wales.
 
 
(2)
For the purposes of subsection (1) (b) a person other than an individual
 
 
is within the United Kingdom at any time if the person carries on a
25
 
business of selling articles of any kind from premises in any part of
 
 
the United Kingdom at that time.
 
 
(3)
C commits an offence if, when they finally deliver the crossbow or
 
 
part of a crossbow to residential premises in England or Wales, they
 
 
do not deliver it into the hands of a person who—
30
 
(a)
is aged 18 or over, and
 
 
(b)
if the person to whom the crossbow or part of a crossbow was
 
 
sold or let on hire is an individual, is that individual.
 
 
(4)
A person finally delivering the crossbow or part of a crossbow to
 
 
residential premises in England or Wales on behalf of C commits an
35
 
offence if, when they deliver it, they do not deliver it into the hands
 
 
of a person who—
 
 
(a)
is aged 18 or over, and
 
 
(b)
if the person to whom the crossbow or part of a crossbow was
 
 
sold or let on hire is an individual, is that individual.
40

Page 49

 
(5)
It is a defence for a person charged with an offence under subsection
 
 
(3) to show that the delivery conditions (within the meaning of section
 
 
1D (4) ) were met.
 
 
(6)
It is a defence for a person charged with an offence under subsection
 
 
(4) to show that—
5
 
(a)
the delivery conditions (within the meaning of section 1D (4)
 
 
) were met, or
 
 
(b)
the person did not know, and a reasonable person would not
 
 
have known, that the person was delivering a crossbow or part
 
 
of a crossbow.
10
 
(7)
The Secretary of State may by regulations provide for other defences
 
 
for a person charged with an offence under this section.
 
 
(8)
A person guilty of an offence under this section is liable on summary
 
 
conviction to a fine.
 
 
1F
Offence of UK seller etc delivering crossbows or parts of crossbows
15
 
to collection point in England or Wales
 
 
(1)
This section applies if—
 
 
(a)
a person (“A”) sells or lets on hire a crossbow or part of a
 
 
crossbow to another person (“B”), and
 
 
(b)
A and B are not in each other’s presence at the time of the sale
20
 
or letting on hire and A is within the United Kingdom at that
 
 
time.
 
 
(2)
A commits an offence if, for the purposes of supplying the crossbow
 
 
or part of a crossbow to B, A—
 
 
(a)
delivers the crossbow or part of a crossbow to a collection point
25
 
in England or Wales, or
 
 
(b)
arranges for the crossbow or part of a crossbow to be delivered
 
 
to a collection point in England or Wales.
 
 
(3)
It is a defence for a person charged with an offence under subsection
 
 
(2) (a) to show that—
30
 
(a)
when the package containing the crossbow or part of a
 
 
crossbow was delivered to the collection point, it was clearly
 
 
marked to indicate that it contained a crossbow or a part of a
 
 
crossbow and should only be given into the hands of a person
 
 
who—
35
 
(i)
is aged 18 or over, and
 
 
(ii)
if the person to whom the crossbow or part of a
 
 
crossbow was sold or let on hire is an individual, is
 
 
that individual, and
 
 
(b)
the person charged with the offence took all reasonable
40
 
precautions and exercised all due diligence to ensure that the
 

Page 50

 
package containing the crossbow or part of a crossbow would
 
 
be given into the hands of such a person.
 
 
(4)
It is a defence for a person charged with an offence under subsection
 
 
(2) (b) to show that—
 
 
(a)
when the package containing the crossbow or part of a
5
 
crossbow was given to the person with whom the arrangement
 
 
was made, it was clearly marked to indicate that it contained
 
 
a crossbow or a part of a crossbow and should only be given
 
 
into the hands of a person who—
 
 
(i)
is aged 18 or over, and
10
 
(ii)
if the person to whom the crossbow or part of a
 
 
crossbow was sold or let on hire is an individual, is
 
 
that individual, and
 
 
(b)
the person charged with the offence took all reasonable
 
 
precautions and exercised all due diligence to ensure that the
15
 
package containing the crossbow or part of a crossbow would
 
 
be given into the hands of such a person.
 
 
(5)
A person guilty of an offence under this section is liable on summary
 
 
conviction to a fine.
 
 
(6)
“Collection point” means a place—
20
 
(a)
from which the crossbow or part of a crossbow may be
 
 
collected by the person to whom the crossbow or part of a
 
 
crossbow was sold or let on hire or a person acting on behalf
 
 
of that person, and
 
 
(b)
where on collection the crossbow or part of a crossbow is given
25
 
by an individual to the person to whom the crossbow or part
 
 
of a crossbow was sold or let on hire, or a person acting on
 
 
behalf of that person.
 
 
(7)
The Secretary of State may by regulations provide for other defences
 
 
for a person charged with an offence under this section.
30
 
1G
Offence of delivery business delivering crossbows or parts of
 
 
crossbows to collection point in England or Wales
 
 
(1)
This section applies if—
 
 
(a)
a person (“A”) sells or lets on hire a crossbow or part of a
 
 
crossbow to another person (“B”),
35
 
(b)
A and B are not in each other’s presence at the time of the sale
 
 
or letting on hire and A is within the United Kingdom at that
 
 
time,
 
 
(c)
before the sale or letting on hire A entered into an arrangement
 
 
with a person (“C”) by which C agreed to deliver crossbows
40
 
or parts of crossbows for A, and
 
 
(d)
C was aware when they entered into the arrangement that it
 
 
covered the delivery of crossbows or parts of crossbows.
 

Page 51

 
(2)
C commits an offence if, pursuant to the arrangement, they deliver a
 
 
crossbow or a part of a crossbow to a collection point in England or
 
 
Wales.
 
 
(3)
It is a defence for a person charged with an offence under this section
 
 
to show that—
5
 
(a)
when the package containing the crossbow or part of a
 
 
crossbow was delivered to the collection point, it was clearly
 
 
marked to indicate that it contained a crossbow or part of a
 
 
crossbow and should only be given into the hands of a person
 
 
who—
10
 
(i)
is aged 18 or over, and
 
 
(ii)
if the person to whom the crossbow or part of a
 
 
crossbow was sold or let on hire is an individual, is
 
 
that individual, and
 
 
(b)
they took all reasonable precautions and exercised all due
15
 
diligence to ensure that the package containing the crossbow
 
 
or part of a crossbow would be given into the hands of such
 
 
a person.
 
 
(4)
It is a defence for a person charged with an offence under this section
 
 
to show that the person did not know, and a reasonable person would
20
 
not have known, that the product was a crossbow or a part of a
 
 
crossbow.
 
 
(5)
A person guilty of an offence under this section is liable on summary
 
 
conviction to a fine.
 
 
(6)
“Collection point” has the meaning given in section 1F .
25
 
(7)
The Secretary of State may by regulations provide for other defences
 
 
for a person charged with an offence under this section.
 
 
1H
Handing over crossbows or parts of crossbows at collection point in
 
 
England or Wales
 
 
(1)
This section applies if—
30
 
(a)
a person (“A”) sells or lets on hire a crossbow or part of a
 
 
crossbow to another person (“B”),
 
 
(b)
A and B are not in each other’s presence at the time of the sale
 
 
or letting on hire and A is within the United Kingdom at that
 
 
time,
35
 
(c)
the crossbow or part of a crossbow is delivered to a collection
 
 
point in England or Wales, and
 
 
(d)
condition A or condition B is satisfied.
 
 
(2)
Condition A is that—
 
 
(a)
the delivery is pursuant to an arrangement entered into before
40
 
the delivery by—
 

Page 52

 
(i)
the person operating the collection point (the
 
 
“operator”), and
 
 
(ii)
A or the person delivering the crossbow or part of a
 
 
crossbow to the collection point, and
 
 
(b)
the operator was aware when they entered into the arrangement
5
 
that it covered the delivery to the collection point of crossbows
 
 
or parts of crossbows.
 
 
(3)
Condition B is that A is the operator of the collection point.
 
 
(4)
The operator commits an offence if, when the crossbow or part of a
 
 
crossbow is collected, it is not given into the hands of an eligible
10
 
person.
 
 
(5)
A person acting on behalf of the operator commits an offence if—
 
 
(a)
they give it to a person collecting it, but
 
 
(b)
do not give it into the hands of an eligible person.
 
 
(6)
“Eligible person” means a person who—
15
 
(a)
is aged 18 or over, and
 
 
(b)
if the person to whom the crossbow or part of a crossbow was
 
 
sold or let on hire is an individual, is that individual.
 
 
(7)
It is a defence for a person charged with an offence under subsection
 
 
(4) or (5) to show that the collection conditions were met.
20
 
(8)
The collection conditions are that—
 
 
(a)
the person (“P”) who collected the crossbow or part of a
 
 
crossbow showed the individual giving it to them an identity
 
 
document issued to P, and
 
 
(b)
on the basis of that document a reasonable person would have
25
 
been satisfied—
 
 
(i)
that P was over 18, and
 
 
(ii)
if the person to whom the crossbow or part of a
 
 
crossbow was sold or let on hire was an individual,
 
 
that P was that individual.
30
 
(9)
It is a defence for a person charged with an offence under subsection
 
 
(4) or (5) to show that the person did not know, and a reasonable
 
 
person would not have known, that the product was a crossbow or a
 
 
part of a crossbow.
 
 
(10)
A person guilty of an offence under this section is liable on summary
35
 
conviction to a fine.
 
 
(11)
In this section—
 
 
“collection point” has the meaning given in section 1F ;
 
 
“identity document” has the meaning given in section 1B (5) .
 
 
(12)
The Secretary of State may by regulations provide for other defences
40
 
for a person charged with an offence under this section.
 

Page 53

 
1I
Offence of delivery business delivering crossbows or parts of
 
 
crossbows to premises in England and Wales on behalf of non-UK
 
 
seller
 
 
(1)
This section applies if—
 
 
(a)
a person (“A”) sells or lets for hire a crossbow or part of a
5
 
crossbow to another person (“B”),
 
 
(b)
A and B are not in each other’s presence at the time of the sale
 
 
or letting on hire and A is outside the United Kingdom at that
 
 
time,
 
 
(c)
before the sale or letting on hire A entered into an arrangement
10
 
with a person (“C”) by which C agreed to deliver crossbows
 
 
or parts of crossbows for A,
 
 
(d)
C was aware when they entered into the arrangement that it
 
 
covered the delivery of crossbows or parts of crossbows, and
 
 
(e)
pursuant to the arrangement, C finally delivers the crossbow
15
 
or part of a crossbow to premises in England or Wales.
 
 
(2)
For the purposes of subsection (1) (b) a person other than an individual
 
 
is outside the United Kingdom at any time if the person does not carry
 
 
on a business of selling articles of any kind from premises in any part
 
 
of the United Kingdom at that time.
20
 
(3)
C commits an offence if, when they finally deliver the crossbow or
 
 
part of a crossbow to premises in England or Wales, they do not
 
 
deliver it into the hands of a person who—
 
 
(a)
is aged 18 or over, and
 
 
(b)
if the person to whom the crossbow or part of a crossbow was
25
 
sold or let on hire is an individual, is that individual.
 
 
(4)
Any person finally delivering the crossbow or part of a crossbow to
 
 
premises in England or Wales on behalf of C commits an offence if,
 
 
when they deliver it, they do not deliver it into the hands of a person
 
 
who—
30
 
(a)
is aged 18 or over, and
 
 
(b)
if the person to whom the crossbow or part of a crossbow was
 
 
sold or let on hire is an individual, is that individual.
 
 
(5)
A person guilty of an offence under this section is liable on summary
 
 
conviction to a fine.
35
 
(6)
It is a defence for a person charged with an offence under subsection
 
 
(3) to show that the delivery conditions (within the meaning of section
 
 
1D (4) ) were met.
 
 
(7)
It is a defence for a person charged with an offence under subsection
 
 
(4) to show that—
40
 
(a)
the delivery conditions (within the meaning of section 1D (4)
 
 
) were met, or
 

Page 54

 
(b)
the person did not know, and a reasonable person would not
 
 
have known, that the person was delivering a crossbow or part
 
 
of a crossbow.”
 
35
Sale and delivery of crossbows: supplementary provision
 
 
(1)
After section 1I of the Crossbows Act 1987 (inserted by section 34 ) insert—
5
“1J
Interpretation of sections
 
 
(1)
This section applies for the interpretation of sections 1B to 1I .
 
 
(2)
A person (“A”) is not in the presence of another person (“B”) at any
 
 
time if—
 
 
(a)
where A is an individual, A or a person acting on behalf of A
10
 
is not in the presence of B at that time;
 
 
(b)
where A is not an individual, a person acting on behalf of A
 
 
is not in the presence of B at that time.
 
 
(3)
“Residential premises” means premises used solely for residential
 
 
purposes.
15
 
(4)
The circumstances where premises are not residential premises include,
 
 
in particular, where a person carries on a business from the premises.
 
 
(5)
A person charged with an offence is taken to have shown a matter
 
 
if—
 
 
(a)
sufficient evidence of the matter is adduced to raise an issue
20
 
with respect to it, and
 
 
(b)
the contrary is not proved beyond reasonable doubt.”
 
 
(2)
After section 6 of the Crossbows Act 1987 insert—
 
“6A
Regulations
 
 
(1)
Regulations made by the Secretary of State under this Act are to be
25
 
made by statutory instrument.
 
 
(2)
The Secretary of State may not make a statutory instrument containing
 
 
(alone or with other provision) regulations under section 1D (6) , 1E (7) ,
 
 
1F (7) , 1G (7) or 1H (12) unless a draft of the instrument has been laid
 
 
before and approved by a resolution of each House of Parliament.
30
 
(3)
Any other statutory instrument containing regulations made by the
 
 
Secretary of State under this Act is subject to annulment in pursuance
 
 
of a resolution of either House of Parliament.”
 

Page 55

 
(3)
In section 66(1) of the Offensive Weapons Act 2019 (guidance on offences
 
 
relating to offensive weapons etc), after paragraph (ga) (inserted by section
 
 
36 ) insert—
 
 
“(gb)
any of sections 1 to 3 of the Crossbows Act 1987 (sale etc of
 
 
crossbows) as they have effect in relation to England and
5
 
Wales,”.
 
36
Duty to report remote sales of knives etc in bulk: England and Wales
 
 
(1)
In the Criminal Justice Act 1988, after section 141C insert—
 
“141D
Duty to report remote sales of knives etc in bulk: England and Wales
 
 
(1)
A person (“the seller”) must, in accordance with requirements specified
10
 
in regulations made by the Secretary of State by statutory instrument,
 
 
report to the person specified in the regulations any reportable sales
 
 
the seller makes of bladed articles.
 
 
(2)
A reportable sale of bladed articles occurs where the seller, in any of
 
 
the ways set out in subsection (4) , sells—
15
 
(a)
six or more bladed articles, none of which form a qualifying
 
 
set of bladed articles;
 
 
(b)
two or more qualifying sets of bladed articles;
 
 
(c)
one or more qualifying sets of bladed articles and five or more
 
 
bladed articles that do not form a qualifying set.
20
 
(3)
“Qualifying set of bladed articles” means three or more bladed articles
 
 
packaged together for sale as a single item, where each bladed article
 
 
is a different size or shape from the others.
 
 
(4)
The ways are—
 
 
(a)
in a single remote sale where the bladed articles are to be
25
 
delivered to an address in England or Wales, or
 
 
(b)
in two or more remote sales in any period of 30 days—
 
 
(i)
to one person, where the bladed articles are to be
 
 
delivered to one or more addresses in England or Wales,
 
 
or
30
 
(ii)
to two or more persons, where the bladed articles are
 
 
to be delivered to the same residential premises in
 
 
England or Wales.
 
 
(5)
A sale of bladed articles is “remote” if the seller and the person to
 
 
whom the bladed article is sold are not in each other’s presence at the
35
 
time of the sale.
 
 
(6)
For the purposes of subsection (5) a person (“A”) is not in the presence
 
 
of another person (“B”) at any time if—
 
 
(a)
where A is an individual, A or a person acting on behalf of A
 
 
is not in the presence of B at that time;
40

Page 56

 
(b)
where A is not an individual, a person acting on behalf of A
 
 
is not in the presence of B at that time.
 
 
(7)
A sale is not reportable if the person to whom the articles are sold
 
 
(“the buyer”)—
 
 
(a)
informs the seller that the buyer is carrying on a business, and
5
 
(b)
is—
 
 
(i)
registered for value added tax under the Value Added
 
 
Tax Act 1994, or
 
 
(ii)
registered as a company under the Companies Act 2006.
 
 
(8)
A person who fails to comply with subsection (1) commits an offence.
10
 
(9)
It is a defence for a person charged with an offence under subsection
 
 
(8) to show that the person took all reasonable precautions, and
 
 
exercised all due diligence, to avoid commission of the offence.
 
 
(10)
A person is to be taken to have shown a matter for the purposes of
 
 
this section if—
15
 
(a)
sufficient evidence of the matter is adduced to raise an issue
 
 
with respect to it, and
 
 
(b)
the contrary is not proved beyond reasonable doubt.
 
 
(11)
A person who commits an offence under subsection (8) is liable on
 
 
summary conviction to a fine.
20
 
(12)
In this section—
 
 
“bladed article” means an article to which section 141A applies
 
 
(as that section has effect in relation to England and Wales),
 
 
other than a knife which does not have a sharp point and is
 
 
designed for eating food;
25
 
“residential premises” means premises used for residential
 
 
purposes (whether or not also used for other purposes).
 
 
(13)
Regulations made by the Secretary of State under subsection (1) may
 
 
in particular include requirements about—
 
 
(a)
how reports are to be made,
30
 
(b)
when reports to be made, and
 
 
(c)
the information reports must include.
 
 
(14)
A statutory instrument containing regulations under subsection (1) is
 
 
subject to annulment in pursuance of a resolution of either House of
 
 
Parliament.
35
 
(15)
The Secretary of State may by regulations made by statutory instrument
 
 
amend—
 
 
(a)
the number of bladed articles specified in subsection (2) (a) ;
 
 
(b)
the number of qualifying sets specified in subsection (2) (b) ;
 
 
(c)
the number of qualifying sets specified in subsection (2) (c) ;
40
 
(d)
the number of bladed articles specified in subsection (2) (c) ;
 

Page 57

 
(e)
the period specified in subsection (4) (b) .
 
 
(16)
A statutory instrument containing regulations under subsection (15)
 
 
may not be made unless a draft of the instrument has been laid before
 
 
and approved by a resolution of each House of Parliament.”
 
 
(2)
In the Offensive Weapons Act 2019, in section 66(1) (guidance on offences
5
 
relating to offensive weapons etc) after paragraph (g) insert—
 
 
“(ga)
section 141D of that Act (duty to report remote sales of knives
 
 
etc in bulk: England and Wales),”
 

Part 3

 

Retail crime

10
37
Assault of retail worker
 
 
(1)
A person who assaults a retail worker at work commits an offence under this
 
 
section.
 
 
(2)
“Retail worker at work” means a person who—
 
 
(a)
is working on or about retail premises, and
15
 
(b)
is working there for or on behalf of the owner or occupier of those
 
 
premises, or is the owner or occupier of those premises.
 
 
(3)
In subsection (2) —
 
 
“retail premises” means—
 
 
(a)
premises used wholly or mainly for the purposes of the sale
20
 
of anything by retail, or
 
 
(b)
premises used mainly for the purposes of the wholesale of
 
 
anything, if the premises are also used for the purposes of the
 
 
sale of anything by retail,
 
 
and here “premises” include a stall or vehicle;
25
 
“working” includes doing unpaid work.
 
 
(4)
A person who commits an offence under this section is liable on summary
 
 
conviction to imprisonment for a term not exceeding the maximum term for
 
 
summary offences or to a fine (or both).
 
 
(5)
In subsection (4) “the maximum term for summary offences” means—
30
 
(a)
if the offence is committed before the time when section 281(5) of the
 
 
Criminal Justice Act 2003 (alteration of penalties for certain summary
 
 
offences: England and Wales) comes into force, 6 months;
 
 
(b)
if the offence is committed after that time, 51 weeks.
 
 
(6)
In section 40(3) of the Criminal Justice Act 1988 (power to join in indictment
35
 
count for common assault etc) after paragraph (ac) insert—
 
 
“(ad)
an offence under section 37 of the Crime and Policing Act 2025
 
 
(assault of retail worker);”.
 

Page 58

38
Assault of retail worker: duty to make criminal behaviour order
 
 
In Chapter 1 of Part 11 of the Sentencing Code (criminal behaviour orders),
 
 
after section 331 (power to make criminal behaviour order) insert—
 
“331A
Duty to make order for offence of assaulting retail worker
 
 
(1)
This section applies where—
5
 
(a)
a person is convicted of an offence under section 37 of the
 
 
Crime and Policing Act 2025 (assault of retail worker),
 
 
(b)
the prosecution makes an application to the court for a criminal
 
 
behaviour order to be made against the offender,
 
 
(c)
the offender is aged 18 or over at the time the prosecution
10
 
makes the application, and
 
 
(d)
the court does not impose a custodial sentence or make a youth
 
 
rehabilitation order, a community order, or a suspended
 
 
sentence order in respect of—
 
 
(i)
the offence mentioned in paragraph (a),
15
 
(ii)
any other offence of which the offender is convicted by
 
 
or before it, or
 
 
(iii)
any other offence for which it deals with the offender.
 
 
(2)
Section 331 applies as if for subsections (2) and (3) of that section there
 
 
were substituted—
20
 
“(2)
Subject to subsection (3) , the court must, in addition to dealing
 
 
with the offender for the offence, make a criminal behaviour
 
 
order against the offender.
 
 
(3)
Subsection (2) does not apply if—
 
 
(a)
the court is of the opinion that there are exceptional
25
 
circumstances which—
 
 
(i)
relate to the offence or the offender, and
 
 
(ii)
justify not making a criminal behaviour order,
 
 
or
 
 
(b)
the court makes an order for absolute discharge under
30
 
section 79 in respect of the offence.”
 
 
(3)
Section 332 applies as if for subsection (1) of that section there were
 
 
substituted—
 
 
“(1)
For the purpose of forming an opinion as to whether there are
 
 
exceptional circumstances as mentioned in subsection (3) (a) of
35
 
section 331 (as modified by subsection (2) of section 331A ), the
 
 
court may consider evidence led by the prosecution and
 
 
evidence led by the offender.”
 

Page 59

39
Theft from shop triable either way irrespective of value of goods
 
 
(1)
In the Magistrates’ Courts Act 1980, omit section 22A (low-value shoplifting
 
 
to be a summary offence).
 
 
(2)
In consequence of the amendment made by subsection (1) —
 
 
(a)
in the Magistrates’ Courts Act 1980—
5
 
(i)
in section 2(3)(a) for “22A” substitute “22”;
 
 
(ii)
in section 143, omit subsections (2)(aza) and (3)(aa);
 
 
(b)
in the Criminal Attempts Act 1981, omit—
 
 
(i)
section 1(5);
 
 
(ii)
in section 4(1)(c), the words from “or is low-value” to “1980),”;
10
 
(c)
in section 51(2)(b) of the Crime and Disorder Act 1998, omit
 
 
“22A(2)(b),”;
 
 
(d)
in section 84 of the Armed Forces Act 2006, omit subsection (2A);
 
 
(e)
in the Anti-social Behaviour, Crime and Policing Act 2014, omit section
 
 
176;
15
 
(f)
in the Criminal Justice and Courts Act 2015, omit section 52;
 
 
(g)
in section 6 of the Judicial Review and Courts Act 2022, omit subsection
 
 
(3).
 
 
(3)
The amendments made by this section do not apply in relation to an offence
 
 
committed before this section comes into force.
20

Part 4

 

Criminal exploitation of children and others

 

Chapter 1

 

Child criminal exploitation

 

Offence of child criminal exploitation

25
40
Child criminal exploitation
 
 
(1)
A person aged 18 or over commits an offence if—
 
 
(a)
the person engages in conduct towards or in respect of a child, with
 
 
the intention of—
 
 
(i)
causing the child to commit an offence,
30
 
(ii)
causing the child to do anything outside the United Kingdom
 
 
which would constitute an offence if done in any part of the
 
 
United Kingdom, or
 
 
(iii)
facilitating the causing of the child, in future, to commit an
 
 
offence or do anything outside the United Kingdom which
35
 
would constitute an offence if done in any part of the United
 
 
Kingdom, and
 
 
(b)
either—
 

Page 60

 
(i)
the child is under the age of 13, or
 
 
(ii)
the person does not reasonably believe that the child is aged
 
 
18 or over.
 
 
(2)
In this section and section 41 —
 
 
(a)
“act” includes omission (and similar references, including references
5
 
to doing anything, are to be construed accordingly);
 
 
(b)
“child” means a person under the age of 18;
 
 
(c)
“offence” means an offence under the law of England and Wales,
 
 
Scotland or Northern Ireland.
 
 
(3)
Where—
10
 
(a)
a person (D1) arranges for another person (D2) to engage in conduct
 
 
towards or in respect of a child, and
 
 
(b)
D2 engages in that conduct,
 
 
D1 is to be treated for the purposes of this section and section 41 as also
 
 
having engaged in that conduct.
15
 
(4)
A person who commits an offence under this section is liable—
 
 
(a)
on summary conviction in England and Wales, to imprisonment for
 
 
a term not exceeding the general limit in a magistrates’ court or a fine
 
 
(or both);
 
 
(b)
on summary conviction in Scotland, to imprisonment for a term not
20
 
exceeding 12 months or a fine not exceeding the statutory maximum
 
 
(or both);
 
 
(c)
on summary conviction in Northern Ireland, to imprisonment for a
 
 
term not exceeding 6 months or a fine not exceeding the statutory
 
 
maximum (or both);
25
 
(d)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
10 years or a fine (or both).
 
 
(5)
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
 
 
section 45 does not apply), after paragraph 36C insert—
 
 
“Crime and Policing Act 2025 (c. 00)
30
 
36D
An offence under any of the following provisions of the Crime and
 
 
Policing Act 2025—
 
 
section 40 (child criminal exploitation)”.
 
41
Proving an offence under
 
 
(1)
This section applies for the purposes of section 40 .
35
 
(2)
Where it is alleged that a person (D) intended to cause a child to commit an
 
 
offence, it is sufficient to prove that D intended to cause the child to do an
 
 
act which would amount to the commission of that offence.
 
 
(3)
Where it is alleged that a person (D) intended to cause a child to do anything
 
 
outside the United Kingdom which would constitute an offence if done in
40

Page 61

 
any part of the United Kingdom, it is sufficient to prove that D intended to
 
 
cause the child to do an act which, if done in any part of the United Kingdom,
 
 
would amount to the commission of that offence.
 
 
(4)
Where it is alleged that a person (D) intended to facilitate the causing of a
 
 
child, in future, to—
5
 
(a)
commit an offence, or
 
 
(b)
do anything outside the United Kingdom which would constitute an
 
 
offence if done in any part of the United Kingdom,
 
 
it is sufficient to prove that D intended to facilitate the causing of the child
 
 
in future to do an act which would amount to the commission of that offence,
10
 
or would if done in any part of the United Kingdom amount to the
 
 
commission of that offence.
 
 
(5)
In proving for the purposes of this section whether an act is one which, if
 
 
done or if done in any part of the United Kingdom, would amount to the
 
 
commission of an offence—
15
 
(a)
if the offence is one requiring proof of fault, it must be proved that—
 
 
(i)
D believed that, were the act to be done, it would be done with
 
 
that fault, or
 
 
(ii)
D’s state of mind was such that, were D to do it, it would be
 
 
done with that fault;
20
 
(b)
if the offence is one requiring proof of particular circumstances or
 
 
consequences (or both), it must be proved that D intended or believed
 
 
that, were the act to be done, it would be done in those circumstances
 
 
or with those consequences.
 
 
(6)
For the purposes of subsection (5) (a) (ii) , D is to be assumed to be able to do
25
 
the act in question.
 

Child criminal exploitation prevention orders made otherwise than on conviction

 
42
Power to make CCE prevention order
 
 
(1)
This section applies if—
 
 
(a)
an application for a CCE prevention order in respect of a person is
30
 
made to a magistrates’ court, in accordance with section 44 ,
 
 
(b)
a person is acquitted of any offence, by or before a court,
 
 
(c)
the Crown Court allows a person’s appeal against a conviction for
 
 
any offence, or
 
 
(d)
the court deals with a person in respect of a finding that—
35
 
(i)
the person is not guilty of any offence by reason of insanity,
 
 
or
 
 
(ii)
the person is under a disability and has done the act charged
 
 
against them in respect of any offence.
 

Page 62

 
(2)
The court may make an order under section 43 (a “CCE prevention order”)
 
 
in respect of the person (“the defendant”) if they are aged 18 or over and the
 
 
conditions in subsection (3) to (5) are met.
 
 
(3)
The first condition is that—
 
 
(a)
in any case, the court is satisfied that the defendant has engaged in
5
 
child criminal exploitation or in conduct associated with child criminal
 
 
exploitation, or
 
 
(b)
in a case within subsection (1) (d) , the offence in question is an offence
 
 
under section 40 .
 
 
(4)
The second condition is that the court considers that there is a risk that the
10
 
defendant will engage in child criminal exploitation.
 
 
(5)
The third condition is that the court considers that it is necessary to make
 
 
the order to prevent the defendant from engaging, or reduce the likelihood
 
 
of the defendant engaging, in child criminal exploitation.
 
 
(6)
In subsection (3) —
15
 
(a)
in paragraph (a) , the reference to engaging in anything includes
 
 
engaging in it before (as well as after) the time when this section comes
 
 
into force;
 
 
(b)
paragraph (b) applies in relation to findings made in respect of conduct
 
 
occurring before (as well as after) that time.
20
 
(7)
In this section and sections 43 to 52 —
 
 
(a)
a reference to a person “engaging in child criminal exploitation” is to
 
 
the person doing anything that constitutes an offence, in England and
 
 
Wales, under section 40 ;
 
 
(b)
a reference to a person “engaging in conduct associated with child
25
 
criminal exploitation” is to the person doing anything associated with
 
 
the doing of anything that constitutes such an offence.
 
43
CCE prevention orders
 
 
(1)
A CCE prevention order is an order which—
 
 
(a)
prohibits the defendant from doing anything described in the order;
30
 
(b)
requires the defendant to do anything described in the order.
 
 
The order may in particular require the defendant to comply with section 48
 
 
(notification).
 
 
(2)
A court may include a prohibition or requirement only if it considers it
 
 
necessary for the purpose of preventing the defendant from engaging, or
35
 
reducing the likelihood of the defendant engaging, in child criminal
 
 
exploitation.
 
 
(3)
Prohibitions and requirements must, so far as practicable, be such as to avoid—
 
 
(a)
any conflict with any religious beliefs of the defendant;
 
 
(b)
any interference with the times, if any, at which the defendant normally
40
 
works or attends any educational establishment;
 

Page 63

 
(c)
any conflict with the prohibitions and requirements of any other court
 
 
order or injunction to which the defendant is subject.
 
 
(4)
A prohibition or requirement applies throughout the United Kingdom unless
 
 
expressly limited to a particular area.
 
 
(5)
A CCE prevention order must—
5
 
(a)
specify the period for which it has effect, which must be at least two
 
 
years, or
 
 
(b)
state that it has effect until further order.
 
 
(6)
A CCE prevention order may specify periods for which particular prohibitions
 
 
or requirements have effect.
10
 
(7)
Where a court makes a CCE prevention order in respect of a defendant who
 
 
is already subject to such an order, the earlier order ceases to have effect.
 

Procedure

 
44
Applications for CCE prevention orders
 
 
(1)
An application for a CCE prevention order may be made by—
15
 
(a)
a relevant chief officer of police,
 
 
(b)
the Chief Constable of the British Transport Police Force,
 
 
(c)
the chief constable of the Ministry of Defence Police, or
 
 
(d)
the Director General of the National Crime Agency.
 
 
(2)
For the purposes of subsection (1) (a) a chief officer of police is a “relevant
20
 
chief officer of police” in relation to an application if—
 
 
(a)
the defendant lives in the chief officer's police area, or
 
 
(b)
the chief officer believes that the defendant is in, or is intending to
 
 
come to, the chief officer's police area.
 
 
(3)
Where a person within subsection (1) (b) , (c) or (d) makes an application, the
25
 
person must as soon as practicable notify the chief officer of police for—
 
 
(a)
the police area in which the defendant lives, or
 
 
(b)
the police area which the applicant believes the defendant is in or is
 
 
intending to come to,
 
 
of that application.
30
45
Applications without notice
 
 
(1)
An application for a CCE prevention order may be made without notice to
 
 
the defendant.
 
 
(2)
If an application is made without notice the court must do one of the
 
 
following—
35
 
(a)
adjourn the proceedings and make an interim CCE prevention order
 
 
(see section 46 );
 

Page 64

 
(b)
adjourn the proceedings without making an interim order;
 
 
(c)
dismiss the application.
 
46
Interim CCE prevention orders
 
 
(1)
This section applies where the court adjourns the hearing of an application
 
 
(whether made with or without notice) for a CCE prevention order.
5
 
(2)
The court may, if it considers it necessary to do so, make a CCE prevention
 
 
order lasting for a fixed period or until the determination of the application
 
 
(an “interim CCE prevention order”).
 
 
Section 43 (5) does not apply in relation to an interim CCE prevention order.
 
 
(3)
The only requirement that may be imposed by an interim CCE prevention
10
 
order on the defendant is a requirement to comply with section 48 (notification
 
 
requirements).
 
 
(4)
Subject to that, the court has the same powers in relation to an interim CCE
 
 
prevention order as it has in relation to an order made at a final hearing.
 
 
(5)
An interim CCE prevention order made at a hearing of which the defendant
15
 
was not given notice takes effect on being served on the defendant.
 
 
(6)
Nothing in subsection (2) prevents the variation of the duration of an interim
 
 
CCE prevention order, or the discharge of such an order, under section 49 .
 
47
Procedural powers where no application made
 
 
(1)
This section applies in the circumstances mentioned in section 42 (1) (b) , (c) or
20
 
(d) .
 
 
(2)
For the purpose of deciding whether to make a CCE prevention order, the
 
 
court may consider evidence led by the prosecution and evidence led by the
 
 
defendant.
 
 
(3)
It does not matter whether the evidence would have been admissible in the
25
 
proceedings giving to the circumstances referred to in subsection (1) .
 
 
(4)
The court may adjourn any proceedings relating to the making of a CCE
 
 
prevention order.
 
 
(5)
If the defendant does not appear for any adjourned proceedings, the court
 
 
may—
30
 
(a)
further adjourn the proceedings,
 
 
(b)
issue a warrant for the defendant’s arrest, or
 
 
(c)
hear the proceedings in the defendant’s absence.
 
 
(6)
The court may act under subsection (5) (b) only if satisfied that the defendant
 
 
has had adequate notice of the time and place of the adjourned proceedings.
35
 
(7)
The court may act under subsection (5) (c) only if satisfied that the defendant—
 

Page 65

 
(a)
has had adequate notice of the time and place of the adjourned
 
 
proceedings, and
 
 
(b)
has been informed that if the defendant does not appear for those
 
 
proceedings, the court may hear the proceedings in the defendant’s
 
 
absence.
5
 
(8)
Nothing in this section limits any other powers of the court.
 

Notification requirements

 
48
Notification requirements
 
 
(1)
This section applies where a CCE prevention order requires the defendant to
 
 
comply with this section.
10
 
(2)
Before the end of the period of three days beginning with the day on which
 
 
a CCE prevention order requiring the defendant to comply with this section
 
 
is first served, the defendant must notify to the police—
 
 
(a)
the defendant's name and, where the defendant uses one or more
 
 
other names, each of those names, and
15
 
(b)
the defendant's home address.
 
 
(3)
If, while the defendant is required to comply with this section, the defendant—
 
 
(a)
uses a name which has not been notified under the order, or
 
 
(b)
changes home address,
 
 
the defendant must notify, to the police, the new name or the new home
20
 
address.
 
 
(4)
A notification under subsection (3) must be given before the end of the period
 
 
of three days beginning with the day on which the defendant uses the name
 
 
or changes home address.
 
 
(5)
A notification under this section is made by—
25
 
(a)
attending at a police station in the police area in which the home
 
 
address, or the court which made the order, is situated, and
 
 
(b)
giving an oral notification to a constable, or to a person authorised
 
 
for the purpose by the officer in charge of the station.
 
 
(6)
A notification under this section must be acknowledged in writing.
30
 
(7)
In this section “home address” means—
 
 
(a)
the address of the defendant’s sole or main residence in England and
 
 
Wales, or
 
 
(b)
where the defendant has no such residence, the address or location
 
 
of a place in England or Wales where the defendant can regularly be
35
 
found and, if there is more than one such place, such one of those
 
 
places as the defendant may select.
 
 
(8)
In determining the period of three days mentioned in subsection (2) or (4)
 
 
, no account is to be taken of any time when the defendant is—
 

Page 66

 
(a)
lawfully detained or otherwise lawfully deprived of their liberty, in
 
 
the United Kingdom, or
 
 
(b)
outside the United Kingdom.
 

Variation, discharge and appeals

 
49
Variation and discharge of CCE prevention orders
5
 
(1)
This section applies where a person mentioned in subsection (2) applies to a
 
 
relevant court for the variation or discharge of a CCE prevention order.
 
 
(2)
The persons mentioned in subsection (1) are—
 
 
(a)
the person who applied for the CCE prevention order;
 
 
(b)
the defendant;
10
 
(c)
the chief officer of police for the police area in which the defendant
 
 
lives;
 
 
(d)
a chief officer of police who believes that the defendant is in, or is
 
 
intending to come to, the chief officer’s police area.
 
 
(3)
On the application, the court may (after hearing from the applicant and any
15
 
other person mentioned in subsection (2) who wishes to be heard) make any
 
 
order varying or discharging the order that the court considers appropriate.
 
 
This is subject to subsection (7) .
 
 
(4)
The power to vary an order includes power to—
 
 
(a)
include an additional prohibition or requirement;
20
 
(b)
extend the period for which a prohibition or requirement has effect;
 
 
(c)
extend the period for which the order has effect.
 
 
(5)
The court may make provision of a kind mentioned in subsection (4) only if
 
 
it considers that the provision is necessary to prevent the defendant from
 
 
engaging, or reduce the likelihood of the defendant engaging, in child criminal
25
 
exploitation.
 
 
(6)
Subsections (3) , (4) and (6) of section 43 apply to additional prohibitions or
 
 
requirements included on a variation of an order.
 
 
(7)
The court may not discharge an order before the end of the period of two
 
 
years beginning with the day on which the order was made, without the
30
 
consent of the defendant and—
 
 
(a)
the chief officer of police for the police area in which the defendant
 
 
lives, or
 
 
(b)
where the application is made by a chief officer of police, that chief
 
 
officer.
35
 
This subsection does not apply to an interim CCE prevention order.
 
 
(8)
Where a person within section 44 (1) (b) , (c) or (d) makes an application under
 
 
this section, the person must as soon as practicable notify the chief officer of
 
 
police for—
 

Page 67

 
(a)
the police area in which the defendant lives, or
 
 
(b)
the police area which the applicant believes the defendant is in or is
 
 
intending to come to,
 
 
of that application.
 
 
(9)
In this section “relevant court” means—
5
 
(a)
where the Crown Court or the Court of Appeal made the order, the
 
 
Crown Court;
 
 
(b)
in any other case, any magistrates’ court.
 
50
Appeals
 
 
(1)
A relevant person may appeal to the relevant court against a decision made—
10
 
(a)
on an application under section 44 (applications for CCE prevention
 
 
orders);
 
 
(b)
under section 46 (interim CCE prevention orders);
 
 
(c)
made on an application under section 49 (variation and discharge of
 
 
CCE prevention orders).
15
 
(2)
In this section—
 
 
“relevant court” means—
 
 
(a)
in the case of a decision of a magistrates’ court, the Crown
 
 
Court;
 
 
(b)
in the case of a decision of the Crown Court, the Court of
20
 
Appeal;
 
 
“relevant person” means—
 
 
(a)
the person who made the application to which the decision
 
 
relates,
 
 
(b)
the defendant,
25
 
(c)
the chief officer of police for the police area in which the
 
 
defendant lives, ors
 
 
(d)
a chief officer of police who believes that the defendant is in,
 
 
or is intending to come to, the chief officer’s police area.
 
 
(3)
On an appeal under subsection (1) the relevant court may make—
30
 
(a)
such orders as may be necessary to give effect to its determination of
 
 
the appeal, and
 
 
(b)
such incidental and consequential orders as appear to it to be
 
 
appropriate.
 
 
(4)
Where a CCE prevention order is made by virtue of paragraph (b) , (c) or (d)
35
 
of section 42 (1) , the defendant may appeal against the making of the order
 
 
(so far as they could not otherwise do so) as if the defendant had been
 
 
convicted of the offence and the order were a sentence passed on the
 
 
defendant for that offence.
 

Page 68

 
(5)
Where a CCE prevention order is made on appeal, for the purposes of this
 
 
Chapter (other than this section) the order is to be treated as made by the
 
 
court from which the appeal was made.
 
 
(6)
Rules of court may provide that an appeal from a decision—
 
 
(a)
to dismiss an application for a CCE prevention order made without
5
 
notice being given to the defendant, or
 
 
(b)
to refuse to make an interim CCE prevention order when adjourning
 
 
proceedings following such an application,
 
 
may be made without notice being given to the defendant.
 

Supplementary

10
51
Offence of breaching CCE prevention order
 
 
(1)
A person who, without reasonable excuse, fails to comply with a CCE
 
 
prevention order commits an offence.
 
 
(2)
A person who commits an offence under this section is liable—
 
 
(a)
on summary conviction, to imprisonment for a term not exceeding
15
 
the general limit in a magistrates’ court or a fine (or both);
 
 
(b)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
five years or a fine (or both).
 
 
(3)
Where a person is convicted of an offence under this section, it is not open
 
 
to the court by or before which the person is convicted to make, in respect
20
 
of the offence, an order for conditional discharge.
 
 
(4)
In proceedings for an offence under this section, a copy of the original CCE
 
 
prevention order, certified by the proper officer of the court that made it, is
 
 
admissible as evidence of its having been made and of its contents to the
 
 
same extent that oral evidence of those matters is admissible in those
25
 
proceedings.
 
 
(5)
In section 80(3) of the Sentencing Code (list of circumstances where an order
 
 
for conditional discharge is not available) after paragraph (f) insert—
 
 
“(g)
section 51 (3) of the Crime and Policing Act 2025 (breach of
 
 
CCE prevention order);”.
30
52
Offences relating to notifications
 
 
(1)
This section applies where a CCE prevention order requires a person to
 
 
comply with section 48 (notification requirements).
 
 
(2)
The person commits an offence if—
 
 
(a)
without reasonable excuse, they fail to comply with that section, or
35
 
(b)
in purported compliance with that section, they notify to the police
 
 
any information which they know to be false.
 

Page 69

 
(3)
A person who commits an offence under this section is liable—
 
 
(a)
on summary conviction, to imprisonment for a term not exceeding
 
 
the general limit in a magistrates’ court or a fine (or both);
 
 
(b)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
five years or a fine (or both).
5
 
(4)
A person commits an offence under subsection (2) (a) on the day on which
 
 
they first fail, without reasonable excuse, to comply with section 48 .
 
 
(5)
The person continues to commit the offence throughout any period during
 
 
which the failure continues.
 
 
(6)
But the person may not be prosecuted more than once in respect of the same
10
 
failure.
 
 
(7)
Section 51 (4) applies for the purposes of this section.
 
53
Special measures for witnesses
 
 
(1)
Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999
 
 
(special measures directions in the case of vulnerable and intimidated
15
 
witnesses) applies to relevant proceedings under this Chapter as it applies to
 
 
criminal proceedings, but with—
 
 
(a)
the omission of sections 17(4) to (7), 21(4C)(e), 22A, 27(10) and 32 of
 
 
that Act (which make provision appropriate only in the context of
 
 
criminal proceedings), and
20
 
(b)
any other necessary modifications.
 
 
(2)
Rules of court made under or for the purposes of Chapter 1 of Part 2 of that
 
 
Act apply to relevant proceedings under this Chapter—
 
 
(a)
to the extent provided by rules of court, and
 
 
(b)
subject to any modifications provided by rules of court.
25
 
(3)
Section 47 of that Act (restrictions on reporting special measures directions
 
 
etc) applies with any necessary modifications—
 
 
(a)
to a direction under section 19 of that Act as applied by this section;
 
 
(b)
to a direction discharging or varying such a direction.
 
 
Sections 49 and 51 of that Act (offences) apply accordingly.
30
 
(4)
In this section “relevant proceedings under this Chapter” means any
 
 
proceedings under this Chapter except proceedings relating to an offence
 
 
under section 40 , 51 or 52 .
 
54
Interpretation and supplementary provision
 
 
(1)
In sections 42 to 52 —
35
 
“CCE prevention order” means an order under section 43 (and
 
 
accordingly includes an interim order made by virtue of section 46 );
 
 
“defendant” has the same meaning as in section 42 ;
 

Page 70

 
“engaging in child criminal exploitation” has the meaning given by
 
 
section 42 (and related expressions are to be construed accordingly).
 
 
(2)
An application under this Chapter is to be made—
 
 
(a)
by complaint, where the application is made to a magistrates’ court;
 
 
(b)
in accordance with rules of court, in any other case.
5
 
(3)
Section 127 of the Magistrates’ Courts Act 1980 (time limit for complaints etc)
 
 
does not apply to a complaint under this Chapter.
 
 
(4)
On the hearing of an application under this Chapter, section 97 of the
 
 
Magistrates' Courts Act 1980 (summons to witness and warrant for arrest)
 
 
does not apply in relation to any person for whose protection the order is
10
 
sought, except where the person has given oral or written evidence at the
 
 
hearing.
 

CCE prevention orders on conviction

 
55
Orders made on conviction
 
 
Schedule 5 amends Part 11 of the Sentencing Code (behaviour orders) so as
15
 
to enable courts dealing with offenders in respect of offences to make CCE
 
 
prevention orders.
 

Chapter 2

 

Cuckooing

 
56
Controlling another’s home for criminal purposes
20
 
(1)
A person (A) commits an offence if—
 
 
(a)
A exercises control over the dwelling of another person (B), and
 
 
(b)
A does so for the purpose of enabling the dwelling to be used in
 
 
connection with the commission (by any person) of one or more
 
 
relevant offences, and
25
 
(c)
B does not consent to A exercising that control for that purpose.
 
 
(2)
In this section “relevant offence” means—
 
 
(a)
where the dwelling is in England or Wales, an offence under the law
 
 
of England and Wales that is listed in Part 1 of Schedule 6 ;
 
 
(b)
where the dwelling is in Scotland, an offence under the law of Scotland
30
 
that is listed in Part 2 of Schedule 6 ;
 
 
(c)
where the dwelling is in Northern Ireland, an offence under the law
 
 
of Northern Ireland that is listed in Part 3 of Schedule 6 .
 
 
(3)
Section 57 contains provision about the interpretation of this section.
 
 
(4)
A person who commits an offence under this section is liable—
35

Page 71

 
(a)
on summary conviction in England and Wales, to imprisonment for
 
 
a term not exceeding the general limit in a magistrates’ court or a fine
 
 
(or both);
 
 
(b)
on summary conviction in Scotland, to imprisonment for a term not
 
 
exceeding 12 months or a fine not exceeding the statutory maximum
5
 
(or both);
 
 
(c)
on summary conviction in Northern Ireland, to imprisonment for a
 
 
term not exceeding 6 months or a fine not exceeding the statutory
 
 
maximum (or both);
 
 
(d)
on conviction on indictment, to imprisonment for a term not exceeding
10
 
5 years or a fine (or both).
 
57
Section
 
 
(1)
This section applies for the purposes of section 56 .
 
 
(2)
A reference to the dwelling of a person is to any structure or part of a
 
 
structure occupied by the person as their home or other living accommodation
15
 
(whether the occupation is separate or shared with others), together with any
 
 
yard, garden, grounds, garage or outhouse belonging to it or used with it.
 
 
(3)
In subsection (2) “structure” includes a tent, caravan, vehicle, vessel or other
 
 
temporary or movable structure.
 
 
(4)
The circumstances in which A exercises control over B’s dwelling include
20
 
circumstances where A exercises control (whether temporarily or permanently)
 
 
over any of the following—
 
 
(a)
who is able to enter, leave, occupy or otherwise use the dwelling or
 
 
part of the dwelling;
 
 
(b)
the delivery of things to, or the collection of things from, the dwelling;
25
 
(c)
the way in which, or the purposes for which, the dwelling or part of
 
 
the dwelling is used;
 
 
(d)
the ability of B to use the dwelling or part of the dwelling for B’s own
 
 
purposes.
 
 
(5)
For the purposes of section 56 (1) (c) , B consents to A exercising control for
30
 
the purpose mentioned in section 56 (1) (b) only if—
 
 
(a)
B is aged 18 or over,
 
 
(b)
B has capacity to give consent to the exercise of control for that
 
 
purpose,
 
 
(c)
B is given sufficient information to enable B to make an informed
35
 
decision about whether to consent,
 
 
(d)
B gives consent freely, and
 
 
(e)
the consent is not withdrawn.
 

Page 72

58
Power to amend definition of “relevant offence”
 
 
(1)
The Secretary of State may by regulations amend Schedule 6 , except so far
 
 
as the amendment could be made by regulations under subsection (2) or (3) .
 
 
(2)
The Scottish Ministers may by regulations amend Part 2 of Schedule 6 , where
 
 
provision about the offence to which the amendment relates would be within
5
 
the legislative competence of the Scottish Parliament if it were contained in
 
 
an Act of that Parliament.
 
 
(3)
The Department of Justice in Northern Ireland may by regulations amend
 
 
Part 3 of Schedule 6 , where provision about the offence to which the
 
 
amendment relates—
10
 
(a)
would be within the legislative competence of the Northern Ireland
 
 
Assembly if it were contained in an Act of that Assembly, and
 
 
(b)
would not, if it were contained in a Bill in the Northern Ireland
 
 
Assembly, result in the Bill requiring the consent of the Secretary of
 
 
State under section 8 of the Northern Ireland Act 1998.
15

Chapter 3

 

Internal concealment

 
59
Causing internal concealment of item for criminal purpose
 
 
(1)
A person (“A”) commits an offence if—
 
 
(a)
A intentionally causes a person other than A who is a child (“C”) to
20
 
conceal a specified item inside C’s body, and
 
 
(b)
the condition in subsection (3) is met.
 
 
(2)
It does not matter whether the specified item gets inside C’s body by an act
 
 
of A or C or another person.
 
 
(3)
The condition is that A—
25
 
(a)
knows or reasonably suspects that the specified item has been used
 
 
in connection with criminal conduct, or
 
 
(b)
intends the specified item to be, or knows or reasonably suspects that
 
 
the specified item may be, used in connection with criminal conduct.
 
 
(4)
A person (“A”) commits an offence if—
30
 
(a)
any of the following occurs, where B is a person other than A who is
 
 
not a child—
 
 
(i)
A compels B to conceal a specified item inside B’s body,
 
 
(ii)
A coerces or deceives B into concealing a specified item inside
 
 
B’s body, or
35
 
(iii)
A engages in controlling or manipulative behaviour towards
 
 
B, as a result of which B conceals a specified item inside B’s
 
 
body, and
 
 
(b)
the condition in subsection (3) is met.
 

Page 73

 
(5)
It does not matter whether the specified item gets inside B’s body by an act
 
 
of A or B or another person.
 
 
(6)
A is to be treated as acting in a way mentioned in subsection (4) (a) where A
 
 
intentionally causes another person to act in that way (as well as where A
 
 
acts in that way themselves).
5
 
(7)
In considering whether a person’s behaviour towards B is controlling or
 
 
manipulative, regard may be had to the nature of the relationship between
 
 
the person and B and to any of B’s personal circumstances which may make
 
 
B more vulnerable than other persons.
 
 
(8)
For the purposes of this section the following are specified items—
10
 
(a)
controlled drugs within the meaning of the Misuse of Drugs Act 1971;
 
 
(b)
psychoactive substances within the meaning of the Psychoactive
 
 
Substances Act 2016;
 
 
(c)
a mobile telephone;
 
 
(d)
a SIM card;
15
 
(e)
an electronic device;
 
 
(f)
cash;
 
 
(g)
a payment card;
 
 
(h)
jewellery;
 
 
(i)
any article made or adapted for use for causing injury to persons, or
20
 
capable of causing serious injury to persons;
 
 
(j)
any weapon to which section 141 of the Criminal Justice Act 1988
 
 
(offensive weapons) applies, as that section applies in England and
 
 
Wales.
 
 
(9)
The Secretary of State may by regulations amend this section for the purpose
25
 
of changing the items which are specified items.
 
 
(10)
A person who commits an offence under this section is liable—
 
 
(a)
on summary conviction, to imprisonment for a term not exceeding
 
 
the general limit in a magistrates’ court or a fine (or both);
 
 
(b)
on conviction on indictment, to imprisonment for a term not exceeding
30
 
10 years or a fine (or both).
 
 
(11)
In this section—
 
 
“child” means a person under the age of 18;
 
 
“criminal conduct” means—
 
 
(a)
a criminal offence, or
35
 
(b)
anything done outside England and Wales which would
 
 
constitute a criminal offence if done in England or Wales;
 
 
“electronic device” means any device on which information is capable
 
 
of being stored electronically and includes any component of such a
 
 
device;
40
 
“payment card” means a credit card, a charge card, a prepaid card or a
 
 
debit card;
 

Page 74

 
“SIM card” means a removable physical subscriber identity module.
 
 
(12)
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
 
 
section 45 does not apply), in paragraph 36D (inserted by section 40 ), after
 
 
the entry for section 40 insert—
 
 
“section 59 (causing internal concealment of item for criminal
5
 
purpose)”.
 

Chapter 4

 

Supplementary provision

 
60
Secretary of State guidance
 
 
(1)
The Secretary of State may issue guidance to relevant officers about the
10
 
exercise of their functions in connection with—
 
 
(a)
the prevention, detection and investigation of offences under section
 
 
40 ;
 
 
(b)
CCE prevention orders under section 43 ;
 
 
(c)
CCE prevention orders within the meaning of Chapter 2A of Part 11
15
 
of the Sentencing Code (orders made on conviction);
 
 
(d)
the prevention, detection and investigation of offences under section
 
 
56 ;
 
 
(e)
the prevention, detection and investigation of offences under section
 
 
59 .
20
 
(2)
A relevant officer must have regard to any guidance issued under this section.
 
 
(3)
“Relevant officer” means—
 
 
(a)
a chief officer of police, within the meaning of section 101(1) of the
 
 
Police Act 1996,
 
 
(b)
the chief constable of the Ministry of Defence Police,
25
 
(c)
the Chief Constable of the British Transport Police Force, and
 
 
(d)
the Director General of the National Crime Agency.
 
 
(4)
But subsections (1) and (2) do not apply to the exercise of functions in
 
 
connection with the matters in subsection (1) (a) or (d) by—
 
 
(a)
the Chief Constable of the British Transport Police Force, or
30
 
(b)
the Director General of the National Crime Agency,
 
 
in relation to Scotland.
 
 
(5)
The Secretary of State may revise any guidance issued under this section.
 
 
(6)
Before issuing any guidance or revisions under this section, the Secretary of
 
 
State must consult such persons as the Secretary of State considers appropriate.
35
 
(7)
Subsection (6) does not apply to revisions if the Secretary of State considers
 
 
that they are not substantial.
 

Page 75

 
(8)
The Secretary of State must publish any guidance or revisions issued under
 
 
this section.
 
61
Department of Justice guidance
 
 
(1)
The Department of Justice in Northern Ireland (“the Department”) may issue
 
 
guidance to the Chief Constable of the Police Service of Northern Ireland
5
 
about the exercise of the Chief Constable’s functions in connection with—
 
 
(a)
the prevention, detection and investigation of offences under section
 
 
40 ;
 
 
(b)
the prevention, detection and investigation of offences under section
 
 
56 .
10
 
(2)
The Chief Constable of the Police Service of Northern Ireland must have
 
 
regard to any guidance issued under this section .
 
 
(3)
The Department may revise any guidance issued under this section.
 
 
(4)
Before issuing any guidance or revisions under this section, the Department
 
 
must consult such persons as it considers appropriate.
15
 
(5)
Subsection (4) does not apply to revisions if the Department considers that
 
 
they are not substantial.
 
 
(6)
The Department must publish any guidance or revisions issued under this
 
 
section.
 
62
Protections for witnesses, and lifestyle offences
20
 
(1)
In Part 2 of the Youth Justice and Criminal Evidence Act 1999—
 
 
(a)
in section 17(4A) after paragraph (b) insert—
 
 
“(ba)
an offence under section 40 of the Crime and Policing
 
 
Act 2025 (child criminal exploitation);
 
 
(bb)
an offence under section 56 of that Act (controlling
25
 
another’s home for criminal purposes);
 
 
(bc)
an offence under section 59 of that Act (causing internal
 
 
concealment of item for criminal purpose);”
 
 
(b)
in section 33(6) after paragraph (d) insert—
 
 
“(e)
an offence under section 40 of the Crime and Policing
30
 
Act 2025 (child criminal exploitation);
 
 
(f)
an offence under section 56 of that Act (controlling
 
 
another’s home for criminal purposes);
 
 
(g)
an offence under section 59 of that Act (causing internal
 
 
concealment of item for criminal purpose);”
35
 
(c)
in section 35(3) after paragraph (a) insert—
 
 
“(aa)
an offence under section 40 of the Crime and Policing
 
 
Act 2025 (child criminal exploitation);
 

Page 76

 
(ab)
an offence under section 56 of that Act (controlling
 
 
another’s home for criminal purposes);
 
 
(ac)
an offence under section 59 of that Act (causing internal
 
 
concealment of item for criminal purpose);”.
 
 
(2)
In Part 2 of the Criminal Evidence (Northern Ireland) Order 1999 (special
5
 
measures directions for vulnerable witnesses etc)—
 
 
(a)
in Article 5(5) after sub-paragraph (d) insert—
 
 
“(e)
an offence under section 40 of the Crime and Policing
 
 
Act 2025 (child criminal exploitation);
 
 
(f)
an offence under section 56 of that Act (controlling
10
 
another’s home for criminal purposes).”;”;
 
 
(b)
in Article 21(5) for “a slavery or human trafficking offence,” substitute
 
 
“—
 
 
“(a)
a slavery or human trafficking offence,
 
 
(b)
an offence under section 40 of the Crime and Policing
15
 
Act 2025 (child criminal exploitation), or
 
 
(c)
an offence under section 56 of that Act (controlling
 
 
another’s home for criminal purposes),”.”.
 
 
(3)
In Article 23 of that Order—
 
 
(a)
in paragraph (3) after sub-paragraph (ce) insert—
20
 
“(cf)
an offence under section 40 of the Crime and Policing
 
 
Act 2025 (child criminal exploitation);
 
 
(cg)
an offence under section 56 of that Act (controlling
 
 
another’s home for criminal purposes);”;”
 
 
(b)
in paragraph (4)(a) for the words from the beginning to “(ce)” substitute
25
 
“except in a case mentioned in sub-paragraph (b)”.
 
 
(4)
In the Proceeds of Crime Act 2002—
 
 
(a)
in Schedule 2 (lifestyle offences: England and Wales), after paragraph
 
 
3A insert—
 
 
“Exploitation of vulnerable persons
30
 
3B
(1)
An offence under section 40 of the Crime and Policing Act
 
 
2025 (child criminal exploitation).
 
 
(2)
An offence under section 56 of that Act (controlling another’s
 
 
home for criminal purposes).
 
 
(3)
An offence under section 59 of that Act (causing internal
35
 
concealment of item for criminal purpose).”;
 

Page 77

 
(b)
in Schedule 5 (lifestyle offences: Northern Ireland), after paragraph
 
 
3A insert—
 
 
“Exploitation of vulnerable persons
 
 
3B
(1)
An offence under section 40 of the Crime and Policing Act
 
 
2025 (child criminal exploitation).
5
 
(2)
An offence under section 56 of that Act (controlling another’s
 
 
home for criminal purposes).”
 

Part 5

 

Sexual offences and offenders

 

Chapter 1

10

Child sexual abuse

 
63
Child sexual abuse image-generators
 
 
(1)
In the Sexual Offences Act 2003, after section 46 insert—
 
 
“Creation of CSA material
 
46A
Child sexual abuse image-generators
15
 
(1)
It is an offence for a person to make, adapt, possess, supply or offer
 
 
to supply a CSA image-generator.
 
 
(2)
It is a defence for a person charged with an offence under this section
 
 
of possessing a CSA image-generator to prove that the person—
 
 
(a)
was sent the CSA image-generator without any request having
20
 
been made for it (by or on behalf of the person), and
 
 
(b)
did not keep it for an unreasonable time.
 
 
(3)
It is a defence for a person charged with an offence under this section
 
 
of possessing, supplying or offering to supply a CSA image-generator
 
 
to prove that the person did not know, and did not have cause to
25
 
suspect, that the thing possessed, supplied or offered to be supplied
 
 
was a CSA image-generator.
 
 
(4)
For further defences, see section 46B .
 
 
(5)
A person who commits an offence under this section is liable—
 
 
(a)
on summary conviction, to imprisonment for a term not
30
 
exceeding the general limit in a magistrates’ court or a fine (or
 
 
both);
 
 
(b)
on conviction on indictment, to imprisonment for a term not
 
 
exceeding 5 years or a fine (or both).
 
 
(6)
In this section—
35

Page 78

 
(a)
“CSA image-generator” means anything (including any program
 
 
and any information in electronic form) which is made or
 
 
adapted for use for creating, or facilitating the creation of, CSA
 
 
images;
 
 
(b)
“CSA image” means—
5
 
(i)
an indecent photograph or pseudo-photograph of a
 
 
child, within the meaning of the Protection of Children
 
 
Act 1978, or
 
 
(ii)
a prohibited image of a child, within the meaning of
 
 
section 62 of the Coroners and Justice Act 2009, that is
10
 
not an excluded image within the meaning of section
 
 
63 of that Act;
 
 
(c)
a reference to making a CSA image-generator includes adapting
 
 
anything that is not a CSA image-generator in such a way that
 
 
it becomes a CSA image-generator.
15

46B

 
 
(1)
It is a defence for a person charged with an offence under section
 
 
46A —
 
 
(a)
to prove that the person made, adapted, possessed, supplied
 
 
or offered to supply the CSA image-generator for the purposes
20
 
of the prevention, detection or investigation of crime, or for
 
 
the purposes of criminal proceedings, in any part of the world,
 
 
(b)
to prove that the person was a member of the Security Service,
 
 
the Secret Intelligence Service or GCHQ (a “security body”)
 
 
and made, adapted, possessed, supplied or offered to supply
25
 
the CSA image-generator for the purposes of the exercise of
 
 
any function of the security body, or
 
 
(c)
to prove that the person—
 
 
(i)
was a member of OFCOM, was employed or engaged
 
 
by OFCOM, or assisted OFCOM in the exercise of any
30
 
of its online safety functions, and
 
 
(ii)
made, adapted, possessed, supplied or offered to supply
 
 
the CSA image-generator for the purposes of OFCOM’s
 
 
exercise of any of its online safety functions.
 
 
(2)
An internet service provider does not commit an offence under section
35
 
46A by—
 
 
(a)
providing access to a communication network, or
 
 
(b)
transmitting, in a communication network, information
 
 
provided by a user, if the provider does not—
 
 
(i)
initiate the transmission,
40
 
(ii)
select the recipient of the transmission, or
 
 
(iii)
select or modify the information contained in the
 
 
transmission.
 

Page 79

 
(3)
The references in subsection (2) to providing access to, or transmitting
 
 
information in, a communication network include storing the
 
 
information transmitted so far as the storage—
 
 
(a)
is automatic, intermediate and transient,
 
 
(b)
is solely for the purpose of carrying out the transmission in
5
 
the network, and
 
 
(c)
is for no longer than is reasonably necessary for the
 
 
transmission.
 
 
(4)
An internet service provider does not commit an offence under section
 
 
46A by storing information provided by a user for transmission in a
10
 
communication network if—
 
 
(a)
the storage of the information—
 
 
(i)
is automatic, intermediate and temporary, and
 
 
(ii)
is solely for the purpose of making more efficient the
 
 
onward transmission of the information to other users
15
 
at their request, and
 
 
(b)
the internet service provider—
 
 
(i)
does not modify the information,
 
 
(ii)
complies with any conditions attached to having access
 
 
to the information, and
20
 
(iii)
on obtaining actual knowledge of a matter within
 
 
subsection (5) , promptly removes the information or
 
 
disables access to it.
 
 
(5)
The matters within this subsection are that—
 
 
(a)
the information at the initial source of the transmission has
25
 
been removed from the network,
 
 
(b)
access to it has been disabled, or
 
 
(c)
a court or administrative authority has ordered the removal
 
 
from the network of, or the disablement of access to, the
 
 
information.
30
 
(6)
An internet service provider does not commit an offence under section
 
 
46A by storing information provided by a user who is not acting under
 
 
the authority or control of the provider if—
 
 
(a)
the provider had no actual knowledge when the information
 
 
was provided that it was, or contained, a CSA image-generator,
35
 
or
 
 
(b)
on obtaining actual knowledge that the information was, or
 
 
contained, a CSA image-generator, the provider promptly
 
 
removed the information or disabled access to it.
 
 
(7)
Section 72(1) applies in relation to an act which, if done in England
40
 
and Wales, would constitute an offence under section 46A as if
 
 
references to a United Kingdom national included—
 
 
(a)
a body incorporated under the law of any part of the United
 
 
Kingdom, or
 

Page 80

 
(b)
an unincorporated association formed under the law of any
 
 
part of the United Kingdom.
 
 
(8)
Section 46A (6) applies for the purposes of this section.
 
 
(9)
In this section—
 
 
(a)
“GCHQ” has the meaning given by section 3 of the Intelligence
5
 
Services Act 1994;
 
 
(b)
“OFCOM” means the Office of Communications;
 
 
(c)
a reference to OFCOM’s “online safety functions” has the
 
 
meaning given by section 235 of the Online Safety Act 2023;
 
 
(d)
“internet service provider” means a provider of—
10
 
(i)
a service that is made available by means of the internet,
 
 
or
 
 
(ii)
a service that provides access to the internet;
 
 
(e)
“user” , in relation to an internet service provider, means a user
 
 
of a service provided by the internet service provider.
15
46C
Liability for offence under section 46A committed by a body
 
 
(1)
This section applies where an offence under section 46A is committed
 
 
by a body.
 
 
(2)
If the offence is committed with the consent or connivance of—
 
 
(a)
a relevant person in relation to the body, or
20
 
(b)
a person purporting to act in the capacity of a relevant person
 
 
in relation to the body,
 
 
the person (as well as the body) commits the offence and is liable to
 
 
be proceeded against and punished accordingly.
 
 
(3)
In this section—
25
 
“body” means a body corporate, a partnership or an
 
 
unincorporated association other than a partnership;
 
 
“relevant person” , in relation to a body, means—
 
 
(a)
in the case of a body corporate other than one whose
 
 
affairs are managed by its members, a director, manager,
30
 
secretary or other similar officer of the body;
 
 
(b)
in the case of a limited liability partnership or other
 
 
body corporate whose affairs are managed by its
 
 
members, a member who exercises functions of
 
 
management with respect to it;
35
 
(c)
in the case of a limited partnership, a general partner
 
 
(within the meaning given by section 3 of the Limited
 
 
Partnerships Act 1907);
 
 
(d)
in the case of any other partnership, a partner;
 
 
(e)
in the case of an unincorporated association other than
40
 
a partnership, a person who exercises functions of
 
 
management with respect to it.””
 

Page 81

 
(2)
In Schedule 2 to that Act (sexual offences for purposes of section 72 of that
 
 
Act), in paragraph 1(a) for “47” substitute “ 46A ”.
 
 
(3)
In Schedule 3 to that Act (sexual offences for purposes of Part 2 of that Act)
 
 
after paragraph 28 insert—
 
 
“28A
An offence under section 46A of this Act (child sexual abuse
5
 
image-generators), if the offender is sentenced in respect of the
 
 
offence to imprisonment for a term of at least 12 months.”
 
 
(4)
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
 
 
section 45 does not apply), in paragraph 33 (offences under the Sexual Offences
 
 
Act 2003), after the entry for section 41 insert—
10
 
“section 46A (child sexual abuse image-generators)”.
 
 
(5)
The Secretary of State may by regulations make provision authorising—
 
 
(a)
the carrying out of tests by the Secretary of State or a person specified
 
 
in the regulations, and
 
 
(b)
the doing of things (including the retention of information) in
15
 
connection with such tests, by the Secretary of State or a person so
 
 
specified,
 
 
for the purpose of investigating technology that may have been made or
 
 
adapted for use for creating, or facilitating the creation of, CSA images.
 
 
(6)
The regulations may impose conditions.
20
 
(7)
The regulations may provide that the doing of anything specified in the
 
 
regulations, in accordance with any conditions so specified, does not constitute
 
 
any of the following—
 
 
(a)
an offence under section 2 of the Obscene Publications Act 1959;
 
 
(b)
an offence under section 1(1)(a) of the Protection of Children Act 1978;
25
 
(c)
an offence under section 127(1) of the Communications Act 2003
 
 
(sending of obscene messages etc);
 
 
(d)
an offence under section 46A of the Sexual Offences Act 2003 (inserted
 
 
by subsection (1) ).
 
 
(8)
In subsection (5) “CSA image” means—
30
 
(a)
an indecent photograph or pseudo-photograph of a child, within the
 
 
meaning of the Protection of Children Act 1978, or
 
 
(b)
a prohibited image of a child, within the meaning of section 62 of the
 
 
Coroners and Justice Act 2009.
 
64
Possession of advice or guidance about creating etc CSA images
35
 
(1)
Section 69 of the Serious Crime Act 2015 (possession of paedophile manual)
 
 
is amended as follows.
 
 
(2)
In subsections (1) and (2)(b)(ii) after “sexually” insert “or creating CSA
 
 
images”.
 

Page 82

 
(3)
After subsection (2) insert—
 
 
“(2A)
In this section “abusing children sexually or creating CSA images”
 
 
means—
 
 
(a)
in England and Wales, doing anything that constitutes—
 
 
(i)
an offence under section 1 of the Protection of Children
5
 
Act 1978,
 
 
(ii)
an offence under Part 1 of the Sexual Offences Act 2003
 
 
against a person under the age of 16, or
 
 
(iii)
an offence under section 2 of the Modern Slavery Act
 
 
2015 (human trafficking) against a person under the
10
 
age of 16 that is committed with a view to exploitation
 
 
that consists of or includes behaviour within section
 
 
3(3) of that Act (sexual exploitation),
 
 
or doing anything outside England and Wales that would
 
 
constitute such an offence if done in England and Wales;
15
 
(b)
in Northern Ireland, doing anything that constitutes—
 
 
(i)
an offence under Article 3 of the Protection of Children
 
 
(Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)),
 
 
(ii)
an offence under Part 2, 3 or 4 of the Sexual Offences
 
 
(Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2))
20
 
against a person under the age of 16, or
 
 
(iii)
an offence under section 2 of the Human Trafficking
 
 
and Exploitation (Criminal Justice and Support for
 
 
Victims) Act (Northern Ireland) 2015 against a person
 
 
under the age of 16 that is committed with a view to
25
 
exploitation that consists of or includes behaviour within
 
 
section 3(3) of that Act (sexual exploitation),
 
 
or doing anything outside Northern Ireland that would
 
 
constitute such an offence if done in Northern Ireland;
 
 
or creating (anywhere) a prohibited image of a child within the
30
 
meaning of section 62 of the Coroners and Justice Act 2009.”
 
 
(4)
In subsection (8) omit the definition of “abusing children sexually”.
 
 
(5)
In Schedule 3 to the Sexual Offences Act 2003, in paragraph 93A(1) (service
 
 
offences) for “35B” substitute “35C”.
 
 
(6)
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
35
 
section 45 does not apply), for paragraph 35A (offences under the Serious
 
 
Crime Act 2015) substitute—
 
 
“35A
An offence under any of the following provisions of the Serious
 
 
Crime Act 2015—
 
 
section 69 (possession of paedophile manual)
40
 
section 75A (strangulation or suffocation).”
 

Page 83

65
Online facilitation of child sexual exploitation and abuse
 
 
(1)
A person commits an offence if they carry out a relevant internet activity
 
 
with the intention of facilitating child sexual exploitation and abuse.
 
 
(2)
Each of the following is a “relevant internet activity” for the purposes of this
 
 
section —
5
 
(a)
providing an internet service;
 
 
(b)
maintaining or helping to maintain an internet service (or part of such
 
 
a service) provided by another person;
 
 
(c)
administering, moderating or otherwise controlling access to content
 
 
on an internet service;
10
 
(d)
facilitating the sharing of content on an internet service.
 
 
(3)
For the purposes of this section , a person carries out the relevant internet
 
 
activity of providing an internet service if they are the provider of the service
 
 
within the meaning of section 226 of the Online Safety Act 2023 .
 
 
(4)
A person who commits an offence under this section is liable—
15
 
(a)
on summary conviction in England and Wales, to imprisonment for
 
 
a term not exceeding the general limit in a magistrates’ court or a fine
 
 
(or both);
 
 
(b)
on summary conviction in Scotland, to imprisonment for a term not
 
 
exceeding 12 months or a fine not exceeding the statutory maximum
20
 
(or both);
 
 
(c)
on summary conviction in Northern Ireland, to imprisonment for a
 
 
term not exceeding six months or a fine not exceeding the statutory
 
 
maximum (or both);
 
 
(d)
on conviction on indictment, to imprisonment for a term not exceeding
25
 
10 years or a fine (or both).
 
 
(5)
In this section —
 
 
“child sexual exploitation and abuse” means—
 
 
(a)
conduct that would constitute an offence specified in Schedule
 
 
7 , or
30
 
(b)
conduct outside the United Kingdom that would constitute
 
 
such an offence if it took place in the United Kingdom;
 
 
“content” , in relation to an internet service, has the meaning given by
 
 
section 236 (1) of the Online Safety Act 2023 ;
 
 
“internet service” has the meaning given by section 228 of that Act (and
35
 
section 204(1) of that Act applies).
 
 
(6)
The Secretary of State may by regulations amend Schedule 7 .
 
 
(7)
The Secretary of State must consult the Scottish Ministers before making
 
 
regulations under subsection (5) which amend Part 2 of Schedule 7 .
 
 
(8)
The Secretary of State must consult the Department of Justice in Northern
40
 
Ireland before making regulations under subsection (5) which amend Part 3
 
 
of Schedule 7 .
 

Page 84

66
Offence under
 
 
(1)
A person commits an offence under section 65 by virtue of conduct outside
 
 
the United Kingdom only if subsection (2) , (3) or (4) applies.
 
 
(2)
This subsection applies if—
 
 
(a)
the person is a UK national or a UK body, and
5
 
(b)
the conduct, if it took place in any part of the United Kingdom, would
 
 
constitute an offence under section 65 .
 
 
(3)
This subsection applies if—
 
 
(a)
the person is a UK resident,
 
 
(b)
the conduct constitutes an offence under the law in force in the country
10
 
in which it took place, and
 
 
(c)
if the conduct took place in any part of the United Kingdom it would
 
 
constitute an offence under section 65 .
 
 
(4)
This subsection applies if—
 
 
(a)
at the time the conduct took place the person was not a UK national,
15
 
a UK body or a UK resident,
 
 
(b)
the conduct constituted an offence under the law in force in the country
 
 
in which it took place,
 
 
(c)
if the conduct took place in any part of the United Kingdom it would
 
 
constitute an offence under section 65 , and
20
 
(d)
the person meets the residence or nationality condition at the relevant
 
 
time.
 
 
(5)
For the purposes of subsection (4) (d) , the person meets the residence or
 
 
nationality condition at the relevant time if the person is a UK national, a UK
 
 
body or a UK resident when proceedings for the offence are taken in the
25
 
United Kingdom (see subsection (11) ).
 
 
(6)
An act punishable under the law in force in any country constitutes an offence
 
 
under that law for the purposes of subsections (3) and (4) however it is
 
 
described in that law.
 
 
(7)
The condition in subsection (3) (b) or (4) (b) is to be taken to be met unless,
30
 
not later than rules of court may provide, the defendant serves on the
 
 
prosecution a notice—
 
 
(a)
stating that, on the facts as alleged with respect to the conduct in
 
 
question, the condition is not in the defendant’s opinion met,
 
 
(b)
showing the grounds for that opinion, and
35
 
(c)
requiring the prosecution to prove that it is met.
 
 
(8)
But the court, if it thinks fit, may permit the defendant to require the
 
 
prosecution to prove that the condition in subsection (3) (b) or (4) (b) is met
 
 
without service of a notice under subsection (7) .
 
 
(9)
In the application of subsections (7) and (8) to Scotland, references to the
40
 
defendant are to be read as references to the accused.
 

Page 85

 
(10)
In the Crown Court, the High Court of Justiciary or the sheriff court, the
 
 
question whether the condition in subsection (3) (b) or (4) (b) is met is to be
 
 
decided by the judge or sheriff (as the case may be) alone.
 
 
(11)
Where an offence under section 65 is committed outside the United Kingdom—
 
 
(a)
proceedings for the offence may be taken at any place in the United
5
 
Kingdom, and
 
 
(b)
the offence may for all incidental purposes be treated as having been
 
 
committed at any such place.
 
 
(12)
In the application of subsection (11) to Scotland, any such proceedings against
 
 
a person may be taken—
10
 
(a)
in any sheriff court district in which the person is apprehended or is
 
 
in custody, or
 
 
(b)
in such sheriff court district as the Lord Advocate may determine.
 
 
(13)
In subsection (12) “sheriff court district” is to be read in accordance with the
 
 
Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act).
15
 
(14)
In this section —
 
 
“ “country” ” includes territory;
 
 
“UK body” means—
 
 
(a)
a body incorporated under the law of any part of the United
 
 
Kingdom, or
20
 
(b)
an unincorporated association formed under the law of any
 
 
part of the United Kingdom;
 
 
“ “UK national” ” means an individual who is—
 
 
(a)
a British citizen, a British overseas territories citizen, a British
 
 
National (Overseas) or a British Overseas citizen,
25
 
(b)
a person who under the British Nationality Act 1981 is a British
 
 
subject, or
 
 
(c)
a British protected person within the meaning of that Act ;
 
 
“ “UK resident” ” means an individual who is habitually resident in the
 
 
United Kingdom.
30
67
Liability for offence under
 
 
(1)
This section applies where an offence under section 65 is committed by a
 
 
body.
 
 
(2)
If the offence is committed with the consent or connivance of—
 
 
(a)
a relevant person in relation to the body, or
35
 
(b)
a person purporting to act in the capacity of a relevant person in
 
 
relation to the body,
 
 
the person (as well as the body) commits the offence and is liable to be
 
 
proceeded against and punished accordingly.
 
 
(3)
In this section —
40

Page 86

 
“body” means a body corporate, a partnership or an unincorporated
 
 
association other than a partnership;
 
 
“relevant person” , in relation to a body, means—
 
 
(a)
in the case of a body corporate other than one whose affairs
 
 
are managed by its members, a director, manager, secretary or
5
 
other similar officer of the body;
 
 
(b)
in the case of a limited liability partnership or other body
 
 
corporate whose affairs are managed by its members, a member
 
 
who exercises functions of management with respect to it;
 
 
(c)
in case of a limited partnership, a general partner (within the
10
 
meaning given by section 3 of the Limited Partnerships Act
 
 
1907 );
 
 
(d)
in the case of any other partnership, a partner;
 
 
(e)
in the case of an unincorporated association other than a
 
 
partnership, a person who exercises functions of management
15
 
with respect to it.
 

68

 
 
(1)
Schedule 3 to the Sexual Offences Act 2003 (sexual offences for purposes of
 
 
Part 2 of that Act) is amended as follows.
 
 
(2)
After paragraph 35C insert—
20
 
“35D
An offence under section 65 of the Crime and Policing Act 2025
 
 
(online facilitation of child sexual exploitation and abuse), if the
 
 
offender is or has been sentenced in respect of the offence to
 
 
imprisonment for a term of at least 12 months.”
 
 
(3)
After paragraph 59ZL insert—
25
 
“59ZM
An offence under section 65 of the Crime and Policing Act 2025
 
 
(online facilitation of child sexual exploitation and abuse), if the
 
 
offender is or has been sentenced in respect of the offence to
 
 
imprisonment for a term of at least 12 months.”
 
 
(4)
After paragraph 92Y insert—
30
 
“92Z
An offence under section 65 of the Crime and Policing Act 2025
 
 
(online facilitation of child sexual exploitation and abuse), if the
 
 
offender is or has been sentenced in respect of the offence to
 
 
imprisonment for a term of at least 12 months.”
 
 
(5)
In paragraph 93A (service offences), in sub-paragraph (1) , for “35C” (inserted
35
 
by section 64 ) substitute “35D”.
 
 
(6)
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
 
 
section 45 does not apply), in paragraph 36D (inserted by section 40 ), after
 
 
the entry for section 59 (inserted by section 59 ) insert—
 
 
“section 65 (online facilitation of child sexual exploitation and abuse)”.
40

Page 87

69
Sexual activity in presence of child etc
 
 
(1)
The Sexual Offences Act 2003 is amended as follows.
 
 
(2)
In section 11(1) (engaging in sexual activity in presence of child), in paragraph
 
 
(c) for the words from “he engages” to the end (not including the “and” at
 
 
the end of the paragraph) substitute “A engages in it when another person
5
 
(B) is present or is in a place from which A can be observed,”.
 
 
(3)
In section 18(1) (abuse of position of trust: sexual activity in presence of child),
 
 
in paragraph (c) for the words from “he engages” to the end substitute “A
 
 
engages in it when another person (B) is present or is in a place from which
 
 
A can be observed,”.
10
 
(4)
In section 32(1) (engaging in sexual activity in presence of person with mental
 
 
disorder impeding choice), in paragraph (c) for the words from “he engages”
 
 
to the end substitute “A engages in it when another person (B) is present or
 
 
is in a place from which A can be observed,”.
 
 
(5)
In section 36(1) (engaging in sexual activity in presence, procured by
15
 
inducement, threat or deception, of person with mental disorder)—
 
 
(a)
in paragraph (c) for the words from “he engages” to the end substitute
 
 
“A engages in it when another person (B) is present or is in a place
 
 
from which A can be observed,”;
 
 
(b)
in paragraph (d) for “paragraph (c)(i)” substitute “paragraph (c)”.
20
 
(6)
In section 40(1) (care workers: sexual activity in presence of person with
 
 
mental disorder), in paragraph (c) for the words from “he engages” to the
 
 
end substitute “A engages in it when another person (B) is present or is in a
 
 
place from which A can be observed,”.
 
 
(7)
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
25
 
section 45 does not apply), in paragraph 33 (offences under the Sexual Offences
 
 
Act 2003), after the entry for section 10 insert—
 
 
“section 11 (engaging in sexual activity in presence of child)”.
 
70
Child sex offences: grooming aggravating factor
 
 
(1)
In the Sentencing Code after section 70 insert—
30
“70A
Sexual grooming of child
 
 
(1)
This section applies where—
 
 
(a)
a court is considering the seriousness of a specified child sex
 
 
offence,
 
 
(b)
the offence is aggravated by grooming, and
35
 
(c)
the offender was aged 18 or over when the offence was
 
 
committed.
 
 
(2)
The court—
 

Page 88

 
(a)
must treat the fact that the offence is aggravated by grooming
 
 
as an aggravating factor, and
 
 
(b)
must state in open court that the offence is so aggravated.
 
 
(3)
An offence is “aggravated by grooming” if—
 
 
(a)
the offence was facilitated by, or involved, the offender
5
 
grooming a person under the age of 18, or
 
 
(b)
the offence was facilitated by, or involved, a person other than
 
 
the offender grooming a person under the age of 18 and the
 
 
offender knew, or could reasonably be expected to have known,
 
 
about the grooming when the offence was committed.
10
 
The person groomed need not have been a victim of the offence.
 
 
(4)
In this section “specified child sex offence” means—
 
 
(a)
an offence within any of subsections (5) to (7) , or
 
 
(b)
an inchoate offence in relation to any such offence.
 
 
(5)
An offence is within this subsection if it is—
15
 
(a)
an offence under section 1 of the Protection of Children Act
 
 
1978 (taking etc indecent photograph of child),
 
 
(b)
an offence under section 160 of the Criminal Justice Act 1988
 
 
(possession of indecent photograph of child),
 
 
(c)
an offence under any of sections 5 to 8 of the Sexual Offences
20
 
Act 2003 (rape and other offences against children under 13),
 
 
(d)
an offence under any sections 9 to 12 of that Act (other child
 
 
sex offences),
 
 
(e)
an offence under section 14 of that Act (arranging or facilitating
 
 
commission of child sex offence),
25
 
(f)
an offence under any of sections 16 to 19 of that Act (abuse of
 
 
position of trust),
 
 
(g)
an offence under section 25 or 26 of that Act (familial child sex
 
 
offences), or
 
 
(h)
an offence under any of sections 47 to 50 of that Act (sexual
30
 
exploitation of children).
 
 
(6)
An offence is within this subsection if it is—
 
 
(a)
an offence under any of sections 1 to 4 of the Sexual Offences
 
 
Act 2003 (rape, assault and causing sexual activity without
 
 
consent),
35
 
(b)
an offence under any of sections 30 to 41 of that Act (sexual
 
 
offences relating to persons with mental disorder),
 
 
(c)
an offence under any of sections 61 to 63 of that Act
 
 
(preparatory offences), or
 
 
(d)
an offence under any of sections 66 to 67A of that Act (exposure
40
 
and voyeurism),
 
 
and the victim or intended victim was under the age of 18.
 

Page 89

 
(7)
An offence is within this subsection if it is an offence under section
 
 
71 of the Sexual Offences Act 2003 (sexual activity in a public lavatory)
 
 
and a person involved in the activity in question was under the age
 
 
of 18.
 
 
(8)
Nothing in this section prevents a court from treating any other
5
 
grooming of a person as an aggravating factor.
 
 
(9)
This section applies in relation to a person convicted of an offence on
 
 
or after the day on which section 70 of the Crime and Policing Act
 
 
2025 comes into force.”
 
 
(2)
In section 238 of the Armed Forces Act 2006 (deciding the seriousness of an
10
 
offence), after subsection (7) insert—
 
 
“(8)
In section 70A of the Sentencing Code (sexual grooming of child as
 
 
aggravating factor)—
 
 
(a)
the references in that section to a court are to be read as
 
 
including a court dealing with an offender for a service offence,
15
 
and
 
 
(b)
the reference in subsection (1) to a specified child sex offence
 
 
is to be read as including a reference to an offence under
 
 
section 42 as respects which the corresponding offence under
 
 
the law of England and Wales is a specified child sex offence.”
20
71
Power to scan for child sexual abuse images at the border
 
 
After section 164A of the Customs and Excise Management Act 1979 (powers
 
 
to search for cash) insert—
 
“164B
Power to scan for child sexual abuse images
 
 
(1)
This section applies if there are reasonable grounds to suspect that a
25
 
person to whom section 164 applies is carrying an electronic device
 
 
storing child sexual abuse images.
 
 
(2)
If this section applies, an officer may—
 
 
(a)
scan the information stored on the device using technology
 
 
approved by the Secretary of State for the purpose of
30
 
ascertaining whether information stored on an electronic device
 
 
includes child sexual abuse images,
 
 
(b)
require the person to permit the scan, and
 
 
(c)
require the person to take such steps as appear necessary to
 
 
allow the scan to be performed.
35
 
(3)
In this section—
 
 
“child sexual abuse image” means—
 
 
(a)
in relation to England and Wales and Northern Ireland,
 
 
an indecent photograph or pseudo-photograph of a
 
 
child or a prohibited image of a child;
40

Page 90

 
(b)
in relation to Scotland, an indecent photograph or
 
 
pseudo-photograph of a child;
 
 
“electronic device” means any article on which information is
 
 
capable of being stored in electronic form, and includes any
 
 
component of such an article;
5
 
“indecent photograph or pseudo-photograph of a child” has—
 
 
(a)
in relation to England and Wales, the same meaning as
 
 
in the Protection of Children Act 1978;
 
 
(b)
in relation to Scotland, the same meaning as in section
 
 
52 of the Civic Government (Scotland) Act 1982;
10
 
(c)
in relation to Northern Ireland, the same meaning as
 
 
in the Protection of Children (Northern Ireland) Order
 
 
1978 (S.I. 1978/1047 (N.I. 17));
 
 
“prohibited image of a child” has the same meaning as in Chapter
 
 
2 of Part 2 of the Coroners and Justice Act 2009.”
15

Chapter 2

 

Duty to report child sexual abuse

 
72
Duty to report suspected child sex offences
 
 
(1)
A person aged 18 or over must make a notification under this section if, in
 
 
the course of engaging in a relevant activity in England, they are given reason
20
 
to suspect that a child sex offence may have been committed (at any time).
 
 
(2)
A notification—
 
 
(a)
must be made to a relevant police force or a relevant local authority
 
 
(but may be made to both);
 
 
(b)
must identify each person believed to have been involved in the
25
 
suspected offence (so far as known) and explain why the notification
 
 
is made;
 
 
(c)
must be made as soon as practicable (subject to subsections (5) and
 
 
(6) );
 
 
(d)
may be made orally or in writing.
30
 
(3)
If the person making the notification believes that no relevant child resides
 
 
in England and Wales, subsection (2) (a) applies as if it referred to a relevant
 
 
police force only.
 
 
(4)
The Secretary of State may by regulations make provision about the way in
 
 
which an oral or written notification is to be made.
35
 
The regulations may in particular provide that a notification to a police force
 
 
or local authority is to be made in accordance with any requirements published
 
 
from time to time by the police force or local authority.
 
 
(5)
The duty under subsection (1) does not apply to a person in the initial 7-day
 
 
period if (and for so long as) they reasonably believe that making such a
40
 
notification would give rise to a risk to the life or safety of a relevant child.
 

Page 91

 
(6)
The duty under subsection (1) does not apply to a person in the initial 7-day
 
 
period if (and for so long as) they reasonably believe that another person will
 
 
make a notification under this section in connection with the suspected offence
 
 
in that period.
 
 
(7)
The duty under subsection (1) does not apply to a person (P) if—
5
 
(a)
another person informs P that they have made a notification under
 
 
this section in connection with the suspected offence, and
 
 
(b)
P reasonably believes that the notification has been made.
 
 
(8)
In subsections (6) and (7) , references to another person making, or having
 
 
made, a notification include that person making or having made it on behalf
10
 
of the person mentioned in subsection (1) .
 
 
(9)
The duty under subsection (1) is also subject to—
 
 
(a)
section 75 (exception for certain consensual activities between children);
 
 
(b)
section 76 (exception relating to commission of offence under section
 
 
14 of the Sexual Offences Act 2003 by a child in certain circumstances);
15
 
(c)
section 77 (exception in respect of certain disclosures by children);
 
 
(d)
section 78 (exception for persons providing specified services).
 
 
(10)
A disclosure made in a notification under this section does not breach—
 
 
(a)
any obligation of confidence owed by the person making the disclosure,
 
 
or
20
 
(b)
any other restriction on the disclosure of information.
 
 
(11)
In this section —
 
 
(a)
“the initial 7-day period” means the period of 7 days beginning when
 
 
the person mentioned in subsection (1) is given reason to suspect that
 
 
a child sex offence may have been committed;
25
 
(b)
a reference to a person involved in a suspected offence includes, where
 
 
the suspected offence is under—
 
 
(i)
section 1 (1) (b) , (c) or (d) of the Protection of Children Act 1978
 
 
(taking etc indecent photograph of child), or
 
 
(ii)
section 160 of the Criminal Justice Act 1988 (possession of
30
 
indecent photograph of child),
 
 
any person shown in the photograph or pseudo-photograph concerned
 
 
(other than an imaginary person);
 
 
(c)
“relevant local authority” and “relevant police force” have the meaning
 
 
given by section 73 .
35
 
(12)
In this Chapter—
 
 
“child” means a person aged under 18 (and related expressions are to
 
 
be construed accordingly);
 
 
“child sex offence” means an offence specified in Part 1 of Schedule 8 ;
 
 
“relevant activity” means—
40

Page 92

 
(a)
a regulated activity relating to children within the meaning of
 
 
Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups
 
 
Act 2006 , or
 
 
(b)
an activity specified in Part 2 of Schedule 8 ;
 
 
“relevant child” means a child involved in the suspected offence other
5
 
than any child who is the suspected offender.
 
 
(13)
This Chapter applies to persons in the service of the Crown.
 

73

 
 
(1)
This section applies for the purposes of section 72 .
 
 
(2)
“Relevant local authority” means—
10
 
(a)
if a relevant child resides in England or Wales, the local authority in
 
 
whose area the child is believed to reside, or
 
 
(b)
if the person making the notification does not know the local authority
 
 
area in which any relevant child resides, such local authority as the
 
 
person making the notification considers appropriate.
15
 
(3)
“Relevant police force” means—
 
 
(a)
if a person believed to be involved in the suspected offence resides in
 
 
England and Wales, the police force for the area in which the person
 
 
is believed to reside, or
 
 
(b)
if the person making the notification—
20
 
(i)
does not know the police area in which any person believed
 
 
to be involved in the suspected offence resides, or
 
 
(ii)
believes that each person believed to be involved in the
 
 
suspected offence resides outside England and Wales,
 
 
such police force in England and Wales as the person making the
25
 
notification considers appropriate.
 
 
(4)
In this section “local authority” has the same meaning as in the Children Act
 
 
2004 (see section 65).
 
 
(5)
Section 72 (11) (b) (references to “involved in the suspected offence”) applies
 
 
for the purposes of this section.
30

74

 
 
(1)
For the purposes of section 72 , a person (P) is given reason to suspect that a
 
 
child sex offence may have been committed in each of the following cases
 
 
(and no others).
 
 
(2)
The first case is where P witnesses conduct constituting a child sex offence.
35
 
(3)
The second case is where a child communicates to P something which would
 
 
cause a reasonable person who engages in the same relevant activity as P to
 
 
suspect that a child sex offence may have been committed.
 

Page 93

 
(4)
The third case is where a person (A) communicates to P something which
 
 
would cause a reasonable person who engages in the same relevant activity
 
 
as P to suspect that A may have committed a child sex offence.
 
 
(5)
The fourth case is where—
 
 
(a)
P sees an image or hears an audio recording, and
5
 
(b)
a reasonable person who engages in the same relevant activity as P
 
 
would suspect that the image shows, or the audio recording is of,
 
 
conduct constituting a child sex offence.
 
 
(6)
The fifth case is where P sees an image, and a reasonable person who engages
 
 
in the same relevant activity as P would suspect that possession of the image
10
 
may constitute a child sex offence.
 
 
(7)
In this section “image” means a still or moving image, produced by any
 
 
means.
 
75
Exception for certain consensual sexual activities between children
 
 
(1)
The duty under section 72 does not apply to a person if the following four
15
 
conditions are met.
 
 
(2)
The first condition is that the child sex offence that the person is given reason
 
 
to suspect may have been committed (“the suspected offence”) is—
 
 
(a)
an offence under section 13 of the Sexual Offences Act 2003 (child sex
 
 
offences committed by children or young persons), or
20
 
(b)
an offence under section 1(1)(a), (b) or (c) of the Protection of Children
 
 
Act 1978 or section 160 of the Criminal Justice Act 1988, relating to
 
 
an indecent photograph of a child.
 
 
(3)
The second condition is that the person reasonably believes that—
 
 
(a)
each person involved in the suspected offence was a child aged 13 or
25
 
over, and
 
 
(b)
where the suspected offence is under a provision mentioned in
 
 
subsection (2) (b) , the child shown in the indecent photograph
 
 
concerned is aged 13 or over.
 
 
(4)
The third condition is that the person is satisfied that—
30
 
(a)
each person involved in the suspected offence (other than the suspected
 
 
offender) consented to the conduct constituting the suspected offence,
 
 
and
 
 
(b)
where the suspected offence is under section 1(1)(b) or (c) of the
 
 
Protection of Children Act 1978 or section 160 of the Criminal Justice
35
 
Act 1988, the person shown in the indecent photograph concerned
 
 
consented to—
 
 
(i)
the taking of the photograph, and
 
 
(ii)
the conduct constituting the suspected offence.
 
 
(5)
The fourth condition is that the person is satisfied that it would not be
40
 
appropriate in the circumstances to make a notification under section 72
 

Page 94

 
, having regard (among other things) to the risk of harm to each person
 
 
mentioned in subsection (3) (a) and (if relevant) (b) .
 
 
(6)
For the purposes of the third condition, a person consents if the person agrees
 
 
by choice, and has the freedom and capacity to make that choice.
 
 
(7)
In this section “indecent photograph” has the same meaning as in the
5
 
Protection of Children Act 1978 (see section 7 of that Act).
 
 
76
Exception relating to commission of offence under section 14 of the Sexual
 

Offences Act 2003 by a child in certain circumstances

 
 
(1)
The duty under section 72 does not apply to a person if the following four
 
 
conditions are met.
10
 
(2)
The first condition is that the child sex offence that the person is given reason
 
 
to suspect may have been committed (“the suspected offence”) is an offence
 
 
under section 14 of the Sexual Offences Act 2003 (arranging or facilitating
 
 
child sex offence).
 
 
(3)
The second condition is that the person reasonably believes that—
15
 
(a)
each person involved in the suspected offence was a child aged 13 or
 
 
over, and
 
 
(b)
each person whom (as regards the suspected offence) the suspected
 
 
offender intended to be, or believed would be, involved in the offence
 
 
mentioned in section 14(1)(b) of the Sexual Offences Act 2003 (“the
20
 
arranged or facilitated offence”) was a child aged 13 or over.
 
 
(4)
The third condition is that the person is satisfied that—
 
 
(a)
each person (if any) involved in the suspected offence (other than the
 
 
suspected offender) consented to the conduct constituting it, and
 
 
(b)
the suspected offender reasonably believed that each person whom
25
 
the suspected offender intended to be, or believed would be, involved
 
 
in the arranged or facilitated offence would consent to the conduct
 
 
constituting it.
 
 
(5)
The fourth condition is that the person is satisfied that it would not be
 
 
appropriate in the circumstances to make a notification under section 72
30
 
, having regard (among other things) to the risk of harm to each person—
 
 
(a)
involved in the suspected offence, or
 
 
(b)
whom the suspected offender intended to be, or believed would be,
 
 
involved in the arranged or facilitated offence.
 
 
(6)
For the purposes of the third condition, a child consents if the child agrees
35
 
by choice, and has the freedom and capacity to make that choice.
 
77
Exception in respect of certain disclosures by children
 
 
(1)
The duty under section 72 does not apply to a person (P) if—
 

Page 95

 
(a)
P is given reason to suspect that another person (A) may have
 
 
committed a child sex offence by a communication by A that is within
 
 
section 74 (4) , and
 
 
(b)
P reasonably believes that—
 
 
(i)
A is a child, and
5
 
(ii)
each other person involved in the suspected offence is a child
 
 
aged 13 or over.
 
 
(2)
Section 72 (11) (b) (references to “involved in the suspected offence”) applies
 
 
for the purposes of this section.
 
78
Exception for persons providing specified services
10
 
(1)
The Secretary of State may by regulations provide that the duty under section
 
 
72 does not apply in relation to a person providing a specified service or a
 
 
specified description of service.
 
 
“Specified” here means specified in the regulations.
 
 
(2)
A service or description of service may be specified only if the Secretary of
15
 
State is satisfied that—
 
 
(a)
the service relates to the safety or well-being of children, and
 
 
(b)
it is in the interests of children for the service to be provided on a
 
 
confidential basis.
 
 
79
Preventing or deterring a person from complying with duty to report
20

suspected child sex offence

 
 
(1)
A person commits an offence if they—
 
 
(a)
know that a person is under a duty under section 72 , and
 
 
(b)
engage in any conduct with the intention of preventing or deterring
 
 
that person from complying with that duty.
25
 
(2)
It is a defence for a person charged with an offence under this section to
 
 
show that the conduct alleged to constitute the offence consisted only of
 
 
making representations about the timing of a notification under section 72 in
 
 
light of the best interests of any person whom they reasonably believe to be
 
 
a relevant child.
30
 
(3)
A person is taken to show the fact mentioned in subsection (2) if—
 
 
(a)
sufficient evidence of the fact is adduced to raise an issue with respect
 
 
to it, and
 
 
(b)
the contrary is not proved beyond reasonable doubt.
 
 
(4)
A person who commits an offence under this section is liable—
35
 
(a)
on summary conviction, to imprisonment for a term not exceeding
 
 
the general limit in a magistrates’ court or a fine (or both);
 
 
(b)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
7 years or a fine (or both).
 

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80
Modification of Chapter for constables
 
 
(1)
A constable who is under a duty under section 72 is to be treated as having
 
 
complied with the duty if the constable records, in accordance with applicable
 
 
policy and procedure, the matters that gave the constable reason to suspect
 
 
that a child sex offence may have been committed (for the purposes of section
5
 
72 ).
 
 
(2)
In the application of sections 72 (7) , 75 (5) and 76 (5) in respect of a constable,
 
 
the references in those provisions to the making of a notification under section
 
 
72 include references to the making of a record under subsection (1) of this
 
 
section.
10
 
(3)
In this section—
 
 
“applicable policy and procedure” means the policy and procedure
 
 
relating to the recording of criminal offences of the police force of
 
 
which the constable mentioned in subsection (1) is a member;
 
 
“police force” includes—
15
 
(a)
the British Transport Police Force, and
 
 
(b)
the Ministry of Defence police.
 
81
Powers to amend this Chapter, and consequential amendments
 
 
(1)
The Secretary of State may by regulations amend—
 
 
(a)
section 72 so as to change the person or persons to whom a notification
20
 
under that section is to be made;
 
 
(b)
this Chapter so as to add or change an exception to the duty under
 
 
section 72 ;
 
 
(c)
Schedule 8 (child sex offences, and further relevant activities).
 
 
The regulations may make consequential amendments of this Chapter.
25
 
(2)
In Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (barred lists),
 
 
in paragraph 4(1) (relevant conduct for purposes of paragraph 3) after
 
 
paragraph (e) insert—
 
 
“(f)
failing to comply with the duty under section 72 of the Crime
 
 
and Policing Act 2025 (duty to report suspected child sex
30
 
offence).”
 
 
(3)
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
 
 
section 45 does not apply), in paragraph 36D (offences under the Crime and
 
 
Policing Act 2025) (inserted by section 40 ), after the entry for section 65
 
 
(inserted by section 68 ), insert—
35
 
“section 79 (preventing or deterring a person from complying with
 
 
duty to report suspected child sex offence)”.
 

Page 97

Chapter 3

 

Removal of limitation period for child sexual abuse

 
82
Removal of limitation period in child sexual abuse cases
 
 
(1)
The Limitation Act 1980 is amended as follows.
 
 
(2)
After section 11 insert—
5
 
“11ZA
Actions in respect of personal injuries attributable to child sexual
 
 
abuse
 
 
(1)
None of the time limits given in the preceding provisions of this Act
 
 
apply to an action to which this section applies.
 
 
(2)
This section applies to any action for damages for negligence, nuisance
10
 
or breach of duty (whether the duty exists by virtue of a contract or
 
 
of provision made by or under a statute or independently of any
 
 
contract or any such provision) which meets conditions 1 to 3.
 
 
(3)
Condition 1 is that the damages claimed by the claimant consist of or
 
 
include damages in respect of personal injuries to the claimant.
15
 
(4)
Condition 2 is that the claimant was under 18 on the date on which
 
 
the cause of action accrued.
 
 
(5)
Condition 3 is that the act or omission to which the claimant’s personal
 
 
injuries were attributable constituted sexual abuse.
 
 
(6)
This section applies in relation to actions brought, and causes of action
20
 
accrued, before (as well as after) this section comes into force.
 
 
(7)
But it does not apply in relation to a claim which, before this section
 
 
comes into force, was settled by agreement between the parties or
 
 
determined by a court (whether or not the determination is subject to
 
 
appeal).
25
 
(8)
This section does not apply to any action brought for damages under
 
 
section 3 of the Protection from Harassment Act 1997.
 
 
(9)
This section does not apply to a cause of action surviving for the
 
 
benefit of a person’s estate by virtue of section 1 of the Law Reform
 
 
(Miscellaneous Provisions) Act 1934, except where an action was
30
 
brought by the person before the person’s death.
 
 
11ZB
Dismissal of actions in respect of personal injuries attributable to
 
 
child sexual abuse
 
 
(1)
This section applies where an action to which section 11ZA applies is
 
 
brought after the expiration of the time limit that would apply but for
35
 
that section (disregarding the possibility of the time limit being
 
 
disapplied under section 33).
 

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(2)
The court must dismiss the action if the defendant satisfies the court