Crime and Policing Bill 2024-26 Amendments

Date	Debate
Wednesday 18th June 2025	Report stage
Tuesday 17th June 2025	Report stage

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

Type	Description
	Black center indicates Government or Bill Sponsor amendment
	Front Bench Amendment from any Opposition Party indicated by party colour
	Back Bench Amendment from any MP - Outline Colour indicates party

Bill Content
List of Amendments

100 New Clauses Proposed

Page 1

Part 1

Anti-social behaviour

Chapter 1

Respect orders, youth injunctions and housing injunctions

Respect orders

(1)

The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.

(2)

Before Part 1 insert—

Part A1

Respect orders

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

in anti-social behaviour.

(2)

A respect order may for the purpose of preventing the respondent

from engaging in anti-social behaviour—

(a)

prohibit the respondent from doing anything described in the

order;

(b)

require the respondent to do anything described in the order.

(3)

Prohibitions and requirements in a respect order must, so far as

practicable, be such as to avoid—

(a)

any interference with the times, if any, at which the respondent

normally works or attends any educational establishment;

(b)

any conflict with the requirements of any other court order or

injunction to which the respondent is subject.

(4)

A respect order must—

(a)

specify the period for which it has effect, or

(b)

state that it has effect until further order.

(5)

A respect order may specify periods for which particular prohibitions

or requirements have effect.

(6)

A respect order may be made only on the application of a relevant

authority.

(7)

An application for a respect order may be made to the High Court or

the county court.

(8)

A court may treat an application for a respect order as an application

under section 1A (power to grant housing injunctions) for an injunction

under that section.

(9)

In this Part, “anti-social behaviour” means conduct that has caused,

or is likely to cause, harassment, alarm or distress to any person.

(1)

This section applies for the purposes of section A1 .

(2)

“Relevant authority” means—

(a)

a local authority,

(b)

a housing provider,

(c)

the chief officer of police for a police area,

(d)

the chief constable of the British Transport Police Force,

(e)

Transport for London,

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

functions on the direction of the Secretary of State, or

(j)

the Welsh Ministers exercising security management functions,

or a person exercising security management functions on the

direction of the Welsh Ministers or under arrangements made

between the Welsh Ministers and that person.

(3)

In subsection (2) “security management functions” means—

(a)

the Secretary of State's security management functions within

the meaning given by section 195 (3) of the National Health

Service Act 2006 ;

(b)

the functions of the Welsh Ministers corresponding to those

functions.

(4)

A housing provider may make an application for a respect order only

if the application concerns anti-social behaviour that directly or

indirectly relates to or affects its housing management functions.

(5)

For the purposes of subsection (4) the housing management functions

of a housing provider include—

(a)

functions conferred by or under an enactment;

(b)

the powers and duties of the housing provider as the holder

of an estate or interest in housing accommodation.

(6)

In subsection (5) , “housing accommodation” includes—

(a)

flats, lodging-houses and hostels;

(b)

any yard, garden, outhouses and appurtenances belonging to

the accommodation or usually enjoyed with it;

(c)

any common areas used in connection with the accommodation.

(7)

The Secretary of State may by regulations—

(a)

amend this section;

(b)

amend section N1 in relation to expressions used in this section.

Contents of respect orders

Power to exclude person from home in cases of violence or risk of

harm

(1)

A respect order may have the effect of excluding the respondent from

the place where the respondent normally lives (“the premises”) only

if two conditions are met.

(2)

The first condition is that the order is made on the application of—

(a)

a local authority,

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(b)

the chief officer of police for the police area that the premises

are in, or

(c)

if the premises are owned or managed by a housing provider,

that housing provider.

(3)

The second condition is that the court considers that—

(a)

the anti-social behaviour in which the respondent has engaged

or threatens to engage consists of or includes the use or

threatened use of violence against other persons, or

(b)

there is a significant risk of harm to other persons from the

respondent.

(4)

For the purposes of this section a housing provider owns premises

if—

(a)

the housing provider is a person (other than a mortgagee not

in possession) entitled to dispose of the fee simple of the

premises, whether in possession or in reversion, or

(b)

the housing provider is a person who holds or is entitled to

the rents and profits of the premises under a lease that (when

granted) was for a term of 3 years or more.

Requirements included in respect orders

(1)

A respect order that includes a requirement must specify the person

(“the supervisor”) who is to be responsible for supervising compliance

with the requirement.

The supervisor may be an individual or an organisation.

(2)

Before including a requirement, the court must receive evidence about

its suitability and enforceability from—

(a)

the individual to be specified as the supervisor, if an individual

is to be specified;

(b)

an individual representing the organisation to be specified as

the supervisor, if an organisation is to be specified.

(3)

Before including two or more requirements, the court must consider

their compatibility with each other.

(4)

Where a court includes in a respect order a requirement the effect of

which the court considers is to require the respondent to participate

in a particular activity—

(a)

the court must declare the requirement to be an “activity

requirement” for the purposes of this Part, and

(b)

the order must specify that the court has done so.

(5)

It is the duty of a person specified as the supervisor in relation to a

requirement—

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;

(c)

to inform the person who applied for the order and (if different)

the appropriate chief officer of police if the supervisor considers

that the respondent has complied with all the relevant

requirements.

(6)

If the supervisor considers that the respondent has failed to comply

with a relevant requirement, the supervisor must inform the person

who applied for the order and (if different) the appropriate chief officer

of police unless—

(a)

the supervisor considers that the respondent had a reasonable

excuse for the failure, or

(b)

section H1 applies (duty to give warning for breach of activity

requirement).

(7)

A respondent subject to a requirement included in a respect order

must—

(a)

keep in touch with the supervisor in relation to that

requirement, in accordance with any instructions given by the

supervisor from time to time;

(b)

notify the supervisor of any change of address.

These obligations have effect as requirements of the order.

(8)

In this section , “the appropriate chief officer of police” means—

(a)

the chief officer of police for the police area in which it appears

to the supervisor that the respondent lives, or

(b)

if it appears to the supervisor that the respondent lives in more

than one police area, whichever of the relevant chief officers

of police the supervisor considers it most appropriate to inform.

Procedure

Applications without notice

(1)

An application for a respect order may be made without notice being

given to the respondent.

(2)

If an application is made without notice, the court must do one of the

following—

(a)

adjourn the proceedings and make an interim order (see section

F1 );

(b)

adjourn the proceedings without making an interim order;

(c)

dismiss the application.

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

proceedings following such an application,

may be made without notice being given to the respondent.

Interim respect orders

(1)

This section applies where the court adjourns the hearing of an

application (whether made with notice or without) for a respect order.

(2)

The court may make a respect order lasting until the final hearing of

the application or until further order (an “interim respect order”) if

the court considers it just to do so.

(3)

An interim respect order made at a hearing of which the respondent

was not given notice may not have the effect of requiring the

respondent to participate in particular activities.

(4)

Subject to that, the court has the same powers in relation to an interim

respect order as it has in relation to a respect order made at a final

hearing.

Variation and discharge of respect orders

(1)

The court may vary or discharge a respect order on the application

of—

(a)

the person who applied for the order, or

(b)

the respondent.

(2)

In subsection (1) “the court” means the court that made the order.

(3)

The power to vary an order includes power to include an additional

prohibition or requirement in the order, or to extend the period for

which a prohibition or requirement has effect.

(4)

If an application under this section is dismissed, the party who made

the dismissed application may make no further application under this

section without—

(a)

the consent of the court, or

(b)

the agreement of the other party.

(5)

Section D1 applies to additional requirements included under

subsection (3) as it applies to requirements included in a new order.

Page 7

Breaches of respect orders

Duty to give warning for breach of activity requirement

(1)

This section applies where—

(a)

the supervisor responsible for an activity requirement is of the

opinion that the respondent has without reasonable excuse

failed to comply with the requirement, and

(b)

the respondent has not been given a warning under this section

in relation to the requirement within the period of 12 months

ending with the date of the failure.

(2)

The supervisor must give the respondent a warning in relation to the

requirement which—

(a)

must be in writing,

(b)

must describe the circumstances of the failure to comply, and

(c)

must inform the respondent that if the respondent breaches

the activity requirement again within the period of 12 months

beginning with the date on which the warning is given, the

respondent will be liable to prosecution under section I1 .

(3)

A warning under this section may be given to a person—

(a)

by hand, or

(b)

by sending it by first class post addressed to the person at the

person’s last known address.

(4)

As soon as practicable after giving a warning under this section, the

supervisor must record that fact.

(5)

In this section, “supervisor” has the meaning given by section D1 (1) .

Offence of breach of respect order

(1)

It is an offence for a person without reasonable excuse—

(a)

to do anything the person is prohibited from doing by a respect

order, or

(b)

to fail to do anything the person is required to do by a respect

order.

(2)

Subsection (1) (b) does not apply in relation to a failure to comply with

an activity requirement unless, within the period of 12 months ending

with the date of the failure, the person has been given a warning

under section H1 in relation to that requirement.

(3)

A person who commits an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not

exceeding the general limit in a magistrates’ court or a fine (or

both);

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)

In proceedings for an offence under this section , a copy of the original

order, certified by the proper officer of the court which made it, is

admissible as evidence of its having been made and of its contents to

the same extent that oral evidence of those things is admissible in

those proceedings.

Supplementary

Requirement to carry out risk assessment

(1)

A person applying for a respect order must before doing so carry out

a risk assessment in relation to the application.

(2)

A risk assessment, in relation to an application for a respect order, is

an assessment of—

(a)

the risk of any person being caused harassment, alarm or

distress by the respondent’s conduct,

(b)

any vulnerabilities of the respondent,

(c)

any alternative means of preventing the respondent from

engaging in anti-social behaviour, and

(d)

such other matters as the person considers relevant.

(3)

A person required to carry out a risk assessment under this section

must in doing so have regard to any guidance issued by the Secretary

of State under section M1 .

Requirements to give notice of applications

(1)

A person applying for a respect order must before doing so inform

any person the applicant considers appropriate of the application.

(2)

Subsection (1) does not apply to a without-notice application.

(3)

Where the court adjourns a without-notice application, before the date

of the first on-notice hearing the applicant must inform any other

person the applicant considers appropriate of the application.

(4)

A person applying for variation or discharge of a respect order made

on that person's application must before doing so inform any other

person the applicant considers appropriate of that application.

(5)

In this section —

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 .

Special measures for witnesses

(1)

Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act

1999 (special measures directions in the case of vulnerable and

intimidated witnesses) applies to proceedings under this Part as it

applies to criminal proceedings, but with—

(a)

the omission of sections 17 (4) to (7) , 21 (4C) (e) , 22A , 27 (10) and

32 of that Act (which make provision appropriate only in the

context of criminal proceedings), and

(b)

any other necessary modifications.

(2)

Rules of court made under or for the purposes of Chapter 1 of Part 2

of that Act apply to proceedings under this Part—

(a)

to the extent provided by rules of court, and

(b)

subject to any modifications provided by rules of court.

(3)

Section 47 of that Act (restrictions on reporting special measures

directions etc) applies with any necessary modifications—

(a)

to a direction under section 19 of that Act as applied by this

section;

(b)

to a direction discharging or varying such a direction.

Sections 49 and 51 of that Act (offences) apply accordingly.

(4)

This section does not affect the application of any provision of that

Act to criminal proceedings relating to an offence under section I1 of

this Act.

Guidance

(1)

The Secretary of State may issue guidance to persons entitled to apply

for orders under section A1 (see section B1 ) about the exercise of their

functions under this Part.

(2)

The Secretary of State may revise any guidance issued under this

section .

(3)

The Secretary of State must arrange for any guidance issued or revised

under this section to be published.

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

or not;

“ “housing provider” ” means—

(a)

a housing trust (within the meaning given by section 2

of the Housing Associations Act 1985 ) that is a charity,

(b)

a housing action trust established under section 62 of

the Housing Act 1988 ,

(c)

in relation to England, a non-profit private registered

provider of social housing,

(d)

in relation to Wales, a Welsh body registered as a social

landlord under section 3 of the Housing Act 1996 , or

(e)

any body (other than a local authority or a body within

paragraphs (a) to (d) ) that is a landlord under a secure

tenancy within the meaning given by section 79 of the

Housing Act 1985 ;

“ “local authority” ” means—

(a)

in relation to England, a district council, a county

council, a London borough council, the Common

Council of the City of London or the Council of the

Isles of Scilly;

(b)

in relation to Wales, a county council or a county

borough council;

“respect order” means an order under section A1 ;

“ “respondent” ” has the meaning given by section A1 (1) .

(2)

A person's age is treated for the purposes of this Part as being that

which it appears to the court to be after considering any available

evidence.”

(3)

In section 182 (2) (orders and regulations subject to affirmative resolution

procedure), before paragraph (a) insert—

“(za)

regulations under section B1 (7) ,”.

Youth injunctions and housing injunctions

(1)

Schedule 1 amends Part 1 of the Anti-social Behaviour, Crime and Policing

Act 2014 (injunctions) 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

(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)

The amendments made by Schedule 1 do not apply in relation to—

(a)

injunctions under section 1 of the Anti-social Behaviour, Crime and

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).

(3)

In subsection (2) “the commencement day” means the day on which Schedule

1 comes into force.

Chapter 2

Other provision about anti-social behaviour

Maximum period for certain directions, notices and orders

(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

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)—

(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”.

Fixed penalty notices

(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

to comply with community protection notice);

(ae)

the power of a constable or an authorised person to issue a

fixed penalty notice under section 68 of the Anti-social

Page 12

Behaviour, Crime and Policing Act 2014 (fixed penalty notices

in respect of offences relating to public spaces protection orders

and expedited orders).”

(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

“£500”.

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

and disorder.

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—

“(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

(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,

(b)

the relevant bodies in that area have carried out an ASB case

review of the response to that behaviour.

(2)

The local policing body for the relevant police area must carry out a

review of the response to the anti-social behaviour (an “LPB case

review”) if—

(a)

the applicant in relation to the ASB case review, or a person

acting on behalf of the applicant with their consent, makes an

application for an LPB case review, and

(b)

the body considers that the threshold for carrying out an ASB

case review in relation to the anti-social behaviour was met.

Page 13

(3)

If no application has been made for an LPB case review of the response

to the anti-social behaviour, the local policing body for the relevant

police area may carry out an LPB case review if the body considers

that—

(a)

it is appropriate to carry out the LPB case review, and

(b)

the threshold for carrying out an ASB case review of the

response to that behaviour was met.

(4)

Each local policing body must—

(a)

make arrangements about the carrying out of LPB case reviews

by that body (“LPB review procedures”), and

(b)

ensure that the current LPB review procedures are published.

(5)

The LPB review procedures must include provision about the making

of applications for LPB case reviews and, in particular, must specify

the point of contact for making applications.

(6)

A local policing body which carries out an LPB case review may make

recommendations to a person who exercises public functions in respect

of any matters arising from the review; and the person must have

regard to the recommendations in exercising public functions.

(7)

Where an LPB case review of the response to anti-social behaviour

follows an ASB case review of the response to the same behaviour, a

person is not required to have regard to the recommendations resulting

from the ASB case review unless the recommendations are confirmed

by the local policing body.

(8)

A local policing body who carries out an LPB case review must inform

the relevant applicant of—

(a)

the outcome of the review, and

(b)

any recommendations made in accordance with subsection (6)

or confirmed in accordance with subsection (7) .

(9)

In subsection (8) “the relevant applicant” means—

(a)

where the local policing body carries out an LPB case review

in response to an application, the person who made the

application, or

(b)

in any other case, the person who applied for the ASB case

review mentioned in subsection (1) .

(10)

As soon as practicable after the end of a reporting period, each local

policing body must publish information about the following matters

which relates to that period—

(a)

the number of applications for LPB case reviews made to the

body;

(b)

the number of times that the body decided that an LPB case

review should not be carried out in response to an application;

(c)

the number of LPB case reviews the body has carried out in

response to an application;

Page 14

(d)

the number of LPB case reviews the body has carried out

otherwise than in response to an application;

(e)

the number of LPB case reviews carried out by the body that

have resulted in recommendations being made by the body;

(f)

the number of LPB case reviews carried out by the body—

(i)

which were reviews of the response to anti-social

behaviour following an ASB case review of the response

to the same behaviour, and

(ii)

as a result of which the body has confirmed any of the

recommendations resulting from the ASB case review;

(g)

the number of LPB case reviews carried out by the body—

(i)

which were reviews of the response to anti-social

behaviour following an ASB case review of the response

to the same behaviour, and

(ii)

as a result of which the body has declined to confirm

any of the recommendations resulting from the ASB

case review.

(11)

Schedule 4A (LPB case reviews supplementary provision) has effect.”

(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) —

(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

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—

““reporting period” —

(a)

in relation to the publication of information by

the relevant bodies in a local government area,

or the provision of information by such bodies

to a local policing body, means a period, not

exceeding 12 months, determined by those

bodies for that purpose;

(b)

in relation to the publication of information by

a local policing body, means a period, not

exceeding 12 months, determined by that body

for that purpose.”

(5)

In Schedule 4 (ASB case reviews: supplementary provision)—

Page 15

(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) ;

(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,

(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.”;

(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”;

(d)

after paragraph 9 insert—

“Duty of local policing body to promote awareness of ASB case reviews

A local policing body must, in such manner as it thinks

appropriate, promote awareness of—

(a)

opportunities in the body’s police area to make

applications for ASB case reviews, and

(b)

the review procedures for such reviews.

Guidance

The relevant bodies in a local government area must have

regard to guidance issued by the Secretary of State in

exercising functions under section 104 or this Schedule.”

(6)

After Schedule 4 insert the Schedule set out in Schedule 3 to this Act.

Page 16

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

(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—

(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,

(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—

(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.

(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

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

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;

“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

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;

“specified” means specified in the regulations.”

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

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 .

Guidance on fly-tipping enforcement in England

In the Environmental Protection Act 1990 , after section 34C insert—

“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—

(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

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.

(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),

(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).”

Part 2

Offensive weapons

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

weapon with intent by means thereof—

(a)

to use unlawful violence against another person,

(b)

to cause another person to believe that unlawful violence will

be used against them or anyone else,

(c)

to cause serious unlawful damage to property, or

(d)

to enable another person to do anything mentioned in a

preceding paragraph.

(2)

In this section “relevant weapon” means—

(a)

an article to which section 139 applies, or

(b)

an offensive weapon within the meaning of section 1 of the

Prevention of Crime Act 1953.

(3)

A person who commits an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not

exceeding the general limit in a magistrates’ court or a fine (or

both);

(b)

on conviction on indictment, to imprisonment for a term not

exceeding 4 years or a fine (or both).

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(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

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

to use unlawful violence etc),”;

(b)

in subsection (5)(b) for “or 139AA” substitute “, 139AA or 139AB ”.

Maximum penalty for offences relating to offensive weapons

(1)

In section 141 of the Criminal Justice Act 1988 (offensive weapons)—

(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);

(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

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

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”;

(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).

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(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);

(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—

“(1ZA)

A person guilty of an offence under subsection (1) is liable—

(a)

on summary conviction in England and Wales, to

imprisonment for a term not exceeding the general limit

in a magistrates’ court or a fine (or both);

(b)

on summary conviction in Scotland, to imprisonment

for a term not exceeding 6 months or a fine not

exceeding level 4 on the standard scale (or both);

(c)

on conviction on indictment in England and Wales, to

imprisonment for a term not exceeding 2 years or a fine

(or both).”;

(c)

in subsection (1B)—

(i)

in paragraph (a) for “51 weeks” substitute “the general limit

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).”

(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.

Power to seize bladed articles etc

(1)

A constable who—

(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

not seized),

may seize the relevant article.

(2)

The following provisions apply where a relevant article is seized under this

section.

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(3)

The constable who seized the relevant article—

(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—

(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

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) .

(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—

(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,

(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).

(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).

Power to seize bladed articles etc: armed forces

In the Armed Forces Act 2006, after section 93 insert—

“93ZA

Power to seize bladed articles etc

(1)

This section applies where—

Page 22

(a)

a service policeman is lawfully on any premises which are

searchable by virtue of this Part, or

(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

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.

(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—

(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—

(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

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

(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.

(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—

Page 23

(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—

(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) .

(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

determined or otherwise disposed of (and then, only if no

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

to property).”

Part 3

Retail crime

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

(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

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;

Page 24

“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—

(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

count for common assault etc) after paragraph (ac) insert—

“(ad)

an offence under section 14 of the Crime and Policing Act 2025

(assault of retail worker);”.

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—

(a)

a person is convicted of an offence under section 14 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

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),

(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—

“(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

circumstances which—

(i)

relate to the offence or the offender, and

Page 25

(ii)

justify not making a criminal behaviour order,

(b)

the court makes an order for absolute discharge under

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

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.”

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—

(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),”;

(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;

(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.

Page 26

Part 4

Criminal exploitation of children and others

Chapter 1

Child criminal exploitation

Offence of child criminal exploitation

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 causing the child to engage in criminal conduct (at

any time), and

(b)

either—

(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 Chapter—

“child” means a person under the age of 18;

“criminal conduct” means—

(a)

conduct which constitutes an offence under the law of England

and Wales, or

(b)

conduct which would constitute such an offence if either or

both of the following were the case (insofar as they are not the

case)—

(i)

the conduct occurred in England or Wales;

(ii)

the child were aged 10 or over.

(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

10 years or a fine (or both).

Child criminal exploitation prevention orders made otherwise than on conviction

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

made to a magistrates’ court, in accordance with section 20 ,

(b)

a person is acquitted of any offence, by or before a court,

Page 27

(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—

(i)

the person is not guilty of any offence by reason of insanity,

(ii)

the person is under a disability and has done the act charged

against them in respect of any offence.

(2)

The court may make an order under section 19 (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

conduct associated with causing children to engage in criminal conduct,

(b)

in a case within subsection (1) (d) , the offence in question is an offence

under section 17 .

(4)

The second condition is that the court considers that there is a risk that the

defendant will seek to cause children, or any particular children, to engage

in criminal conduct.

(5)

The third condition is that the court considers that it is necessary to make

the order to protect children, or any particular children, from being caused

to engage in criminal conduct.

(6)

In subsection (3) (a) the reference to conduct “associated with” causing children

to engage in criminal conduct includes in particular grooming children, or

encouraging others to groom children, with the intention that they will in

future engage in criminal conduct.

(7)

In subsection (3) the reference to conduct or an offence includes conduct or

an offence occurring before (as well as after) this section comes into force.

CCE prevention orders

(1)

A CCE prevention order is an order which—

(a)

prohibits the defendant from doing anything described in the order;

(b)

requires the defendant to do anything described in the order.

The order may in particular require the defendant to comply with section 24

(notification).

(2)

A court may include a prohibition or requirement only if it considers it

necessary for the purpose of protecting children, or any particular children,

from being caused to engage in criminal conduct.

(3)

Prohibitions and requirements must, so far as practicable, be such as to avoid—

(a)

any conflict with any religious beliefs of the defendant;

Page 28

(b)

any interference with the times, if any, at which the defendant normally

works or attends any educational establishment;

(c)

any conflict with the prohibitions and requirements of any other court

order or injunction to which the 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—

(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.

(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

Applications for CCE prevention orders

(1)

An application for a CCE prevention order may be made by—

(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

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

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.

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—

Page 29

(a)

adjourn the proceedings and make an interim CCE prevention order

(see section 22 );

(b)

adjourn the proceedings without making an interim order;

(c)

dismiss the application.

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.

(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 19 (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

order on the defendant is a requirement to comply with section 24

(notification).

(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

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 25 .

Procedural powers where no application made

(1)

This section applies in the circumstances mentioned in section 18 (1) (b) , (c) or

(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

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—

(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.

Page 30

(7)

The court may act under subsection (5) (c) only if satisfied that the defendant—

(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.

(8)

Nothing in this section limits any other powers of the court.

Notification requirements

Notification requirements

(1)

This section applies where a CCE prevention order requires the defendant to

comply with this section.

(2)

Before the end of the period of three days beginning with the day on which

a CCE prevention order requiring the 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

(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

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—

(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.

(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

found and, if there is more than one such place, such one of those

places as the defendant may select.

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(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—

(a)

remanded in or committed to custody by an order of a court or kept

in service custody,

(b)

serving a sentence of imprisonment or a term of service detention,

(c)

detained in a hospital, or

(d)

outside the United Kingdom.

Variation, discharge and appeals

Variation and discharge of CCE prevention orders

(1)

This section applies where a person mentioned in subsection (2) applies to a

relevant court for the variation or discharge of a CCE prevention order.

(2)

The persons mentioned in subsection (1) are—

(a)

the person who applied for the CCE prevention order;

(b)

the defendant;

(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

other person mentioned in subsection (2) who wishes to be heard) make any

order varying or discharging the order that the court considers appropriate.

This is subject to subsection (7) .

(4)

The power to vary an order includes power to—

(a)

include an additional prohibition or requirement;

(b)

extend the period for which a prohibition or requirement has effect;

(c)

extend the period for which the order has effect.

(5)

The court may make provision of a kind mentioned in subsection (4) only if

it considers that the provision is necessary to protect children, or any particular

children, from being caused to engage in criminal behaviour.

(6)

Subsections (3) , (4) and (6) of section 19 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

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.

This subsection does not apply to an interim CCE prevention order.

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(8)

Where a person within section 20 (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—

(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—

(a)

where the Crown Court or the Court of Appeal made the order, the

Crown Court;

(b)

in any other case, any magistrates’ court.

Appeals

(1)

A relevant person may appeal to the relevant court against a decision made—

(a)

on an application under section 20 (application for CCE prevention

order);

(b)

under section 22 (interim CCE prevention orders);

(c)

made on an application under section 25 (application for variation or

discharge of order).

(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

Appeal;

“relevant person” means—

(a)

the person who made the application to which the decision

relates,

(b)

the defendant,

(c)

the chief officer of police for the police area in which the

defendant lives, or

(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—

(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)

of section 18 (1) , the defendant may appeal against the making of the order

(so far as they could not otherwise do so) as if it were a sentence passed on

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them for the offence referred to in that paragraph (assuming, in a case within

paragraph (b) or (c) , that the person had been convicted of the offence).

(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

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

Offence of breaching CCE prevention order

(1)

A person who, without reasonable excuse, fails to comply with a CCE

prevention order commits an offence.

(2)

A person who commits an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding

the general limit in a magistrates’ court or a fine (or both);

(b)

on conviction on indictment, to imprisonment for a term not exceeding

five years or a fine (or both).

(3)

Where a person is convicted of an offence under this section, it is not open

to the court by or before which the person is convicted to make, in respect

of the offence, an order for conditional discharge.

(4)

In proceedings for an offence under this section, a copy of the original CCE

prevention order, certified by the proper officer of the court that made it, is

admissible as evidence of its having been made and of its contents to the

same extent that oral evidence of those matters is admissible in those

proceedings.

Offence of providing false information

(1)

This section applies where a CCE prevention order requires a person to

comply with section 24 (notification requirements).

(2)

It is an offence for the person, in purported compliance with that section, to

notify to the police any information which the person knows to be false.

(3)

A person who commits an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding

the general limit in a magistrates’ court or a fine (or both);

(b)

on conviction on indictment, to imprisonment for a term not exceeding

five years or a fine (or both).

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(4)

Section 27 (4) applies for the purposes of this section.

Interpretation and supplementary provision

(1)

In sections 18 to 28 —

“CCE prevention order” means an order under section 19 (and

accordingly includes an interim order made by virtue of section 22 );

“child” has the meaning given by section 17 (and “children” is to be

construed accordingly);

“criminal conduct” has the meaning given by section 17 ;

“defendant” has the same meaning as in section 18 .

(2)

An application under this Chapter is to be made—

(a)

by complaint, where the application is made to a magistrates’ court;

(b)

in accordance with rules of court, in any other case.

(3)

Section 127 of the Magistrates’ Courts Act 1980 (time limit for complaints etc)

does not apply to a complaint under this Chapter.

(4)

On the hearing of an application under this Chapter, section 97 of the

Magistrates' Courts Act 1980 (summons to witness and warrant for arrest)

does not apply in relation to any person for whose protection the order is

sought, except where the person has given oral or written evidence at the

hearing.

CCE prevention orders on conviction

Orders made on conviction

Schedule 4 amends Part 11 of the Sentencing Code (behaviour orders) so as

to enable courts dealing with offenders in respect of offences to make CCE

prevention orders.

Guidance

Guidance

(1)

The Secretary of State may issue guidance to relevant officers about the

exercise of their functions in connection with—

(a)

the prevention, detection and investigation of offences under section

17 ;

(b)

CCE prevention orders under section 19 ;

(c)

CCE prevention orders within the meaning of Chapter 2A of Part 11

of the Sentencing Code (orders made on conviction).

(2)

The Secretary of State may revise any guidance issued under this section.

(3)

Before issuing any guidance or revisions under this section, the Secretary of

State must consult such persons as the Secretary of State considers appropriate.

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(4)

Subsection (3) does not apply to revisions if the Secretary of State considers

that they are not substantial.

(5)

The Secretary of State must publish any guidance or revisions issued under

this section.

(6)

A relevant officer must have regard to any guidance issued under this section

when exercising a function mentioned in subsection (1) .

(7)

In this section “relevant officer” means—

(a)

a 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.

Chapter 2

Cuckooing

Controlling another’s home for criminal purposes

(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

(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 5 ;

(b)

where the dwelling is in Scotland, an offence under the law of Scotland

that is listed in Part 2 of Schedule 5 ;

(c)

where the dwelling is in Northern Ireland, an offence under the law

of Northern Ireland that is listed in Part 3 of Schedule 5 .

(3)

Section 33 contains provision about the interpretation of this section.

(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

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);

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(d)

on conviction on indictment, to imprisonment for a term not exceeding

5 years or a fine (or both).

Section

(1)

This section applies for the purposes of section 32 .

(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

(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

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;

(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 32 (1) (c) , B consents to A exercising control for

the purpose mentioned in section 32 (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

decision about whether to consent,

(d)

B gives consent freely, and

(e)

the consent is not withdrawn.

Power to amend definition of “relevant offence”

(1)

The Secretary of State may by regulations amend Schedule 5 , 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 5 , where

provision about the offence to which the amendment relates would be within

the legislative competence of the Scottish Parliament if it were contained in

an Act of that Parliament.

(3)

The Department of Justice in Northern Ireland may by regulations amend

Part 3 of Schedule 5 , where provision about the offence to which the

amendment relates—

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(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.

Chapter 3

Consequential provision

Protections for witnesses, and lifestyle offences

(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 17 of the Crime and Policing

Act 2025 (child criminal exploitation);

(bb)

an offence under section 32 of that Act (controlling

another’s home for criminal purposes);”;

(b)

in section 33(6) after paragraph (d) insert—

“(e)

an offence under section 17 of the Crime and Policing

Act 2025 (child criminal exploitation);

(f)

an offence under section 32 of that Act (controlling

another’s home for criminal purposes).”;

(c)

in section 35(3) after paragraph (a) insert—

“(aa)

an offence under section 17 of the Crime and Policing

Act 2025 (child criminal exploitation);

(ab)

an offence under section 32 of that Act (controlling

another’s home for criminal purposes);”.

(2)

In Part 2 of the Criminal Evidence (Northern Ireland) Order 1999 (special

measures directions for vulnerable witnesses etc)—

(a)

in Article 5(5) after sub-paragraph (d) insert—

“(e)

an offence under section 32 of Crime and Policing Act

2025 (controlling 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, or

(b)

an offence under section 32 of Crime and Policing Act

2025 (controlling another’s home for criminal

purposes),”.

(3)

In Article 23 of that Order—

Page 38

(a)

in paragraph (3) after sub-paragraph (ce) insert—

“(cf)

an offence under section 32 of Crime and Policing Act

2025 (controlling another’s home for criminal

purposes);”;

(b)

in paragraph (4)(a) for the words from the beginning to “(ce)” substitute

“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

(1)

An offence under section 17 of the Crime and Policing Act

2025 (child criminal exploitation).

(2)

An offence under section 32 of that Act (controlling another’s

home for criminal purposes).”;

(b)

in Schedule 4 (lifestyle offences: Scotland), after paragraph 4A insert—

“Exploitation of vulnerable persons

An offence under section 32 of the Crime and Policing Act

2025 (controlling another’s home for criminal purposes).”;

(c)

in Schedule 5 (lifestyle offences: Northern Ireland), after paragraph

3A insert—

“Exploitation of vulnerable persons

An offence under section 32 of the Crime and Policing Act

2025 (controlling another’s home for criminal purposes).”

Part 5

Sexual offences and offenders

Chapter 1

Child sexual abuse

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

(1)

It is an offence for a person to make, adapt, possess, supply or offer

to supply a CSA image-generator.

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(2)

It is a defence for a person charged with an offence under this section

of possessing a CSA image-generator to prove that the person—

(a)

was sent the CSA image-generator without any request having

been made for it (by or on behalf of the person), and

(b)

did not keep it for an unreasonable time.

(3)

It is a defence for a person charged with an offence under this section

of possessing, supplying or offering to supply a CSA image-generator

to prove that the person did not know, and did not have cause to

suspect, that the thing possessed, supplied or offered to be supplied

was a CSA image-generator.

(4)

For further defences, see section 46B .

(5)

A person who commits an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not

exceeding the general limit in a magistrates’ court or a fine (or

both);

(b)

on conviction on indictment, to imprisonment for a term not

exceeding 5 years or a fine (or both).

(6)

In this section—

(a)

“CSA image-generator” means anything (including any service,

any program, and any information in electronic form) which

is made or adapted for use for creating, or facilitating the

creation of, CSA images;

(b)

“CSA image” means—

(i)

an indecent photograph or pseudo-photograph of a

child, within the meaning of the Protection of Children

Act 1978, or

(ii)

a prohibited image of a child, within the meaning of

section 62 of the Coroners and Justice Act 2009, that is

not an excluded image within the meaning of section

63 of that Act;

(c)

a reference to making a CSA image-generator includes adapting

anything that is not a CSA image-generator in such a way that

it becomes a CSA image-generator.

(7)

In relation to a CSA image-generator that is a service—

(a)

a reference to possessing the CSA image-generator includes

possessing the ability to access the service;

(b)

a reference to supplying or offering to supply the CSA

image-generator includes providing or offering to provide

access to the service.

46B

(1)

It is a defence for a person charged with an offence under section

46A —

Page 40

(a)

to prove that the person made, adapted, possessed, supplied

or offered to supply the CSA image-generator for the purposes

of the prevention, detection or investigation of crime, or for

the purposes of criminal proceedings, in any part of the world,

(b)

to prove that the person was a member of the Security Service,

the Secret Intelligence Service or GCHQ (a “security body”)

and made, adapted, possessed, supplied or offered to supply

the CSA image-generator for the purposes of the exercise of

any function of the security body, or

(c)

to prove that the person—

(i)

was a member of OFCOM, was employed or engaged

by OFCOM, or assisted OFCOM in the exercise of any

of its online safety functions, and

(ii)

made, adapted, possessed, supplied or offered to supply

the CSA image-generator for the purposes of OFCOM’s

exercise of any of its online safety functions.

(2)

The provider of an internet service is not to be regarded as doing an

act within section 46A (1) by reason only of providing the internet

service by which a CSA image-generator is sent or transmitted.

(3)

Section 46A (6) and (7) apply for the purposes of this section.

(4)

In this section—

(a)

“GCHQ” has the meaning given by section 3 of the Intelligence

Services Act 1994;

(b)

“OFCOM” means the Office of Communications;

(c)

a reference to OFCOM’s “online safety functions” has the

meaning given by section 235 of the Online Safety Act 2023.”

(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

image-generators), if the offender is sentenced in respect of the

offence to imprisonment for a term of at least 12 months.”

(4)

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

connection with such tests, by the Secretary of State or a person so

specified,

for the purpose of investigating technology that may be used to create, or

facilitate the creation of, CSA images.

(5)

The regulations may impose conditions.

Page 41

(6)

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;

(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) ).

(7)

In subsection (4) “CSA image” means—

(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.

Possession of advice or guidance about creating etc CSA images

(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”.

(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

Act 1978,

(ii)

an offence under Part 1 of the Sexual Offences Act 2003

against a person under the age of 16, or

(iii)

an offence under section 2 of the Modern Slavery Act

2015 (human trafficking) against a person under the

age of 16 that is committed with a view to exploitation

that consists of or includes behaviour within section

3(3) of that Act (sexual exploitation),

or doing anything outside England and Wales that would

constitute such an offence if done in England and Wales;

(b)

in Northern Ireland, doing anything that constitutes—

(i)

an offence under Article 3 of the Protection of Children

(Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)),

(ii)

an offence under Part 2, 3 or 4 of the Sexual Offences

(Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2))

against a person under the age of 16, or

(iii)

an offence under section 2 of the Human Trafficking

and Exploitation (Criminal Justice and Support for

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Victims) Act (Northern Ireland) 2015 against a person

under the age of 16 that is committed with a view to

exploitation that consists of or includes behaviour within

section 3(3) of that Act (sexual exploitation),

or doing anything outside Northern Ireland that would

constitute such an offence if done in Northern Ireland;

or creating (anywhere) a prohibited image of a child within the

meaning of section 62 of the Coroners and Justice Act 2009.”

(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”.

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 —

(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;

(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)

In this section —

“child sexual exploitation and abuse” means—

(a)

conduct that would constitute an offence specified in Schedule

6 , or

(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

section 204(1) of that Act applies).

(5)

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);

Page 43

(b)

on summary conviction in Scotland, to imprisonment for a term not

exceeding 12 months or a fine not exceeding the statutory maximum

(or both);

(c)

on summary conviction in Northern Ireland, to imprisonment for a

term not exceeding six months or a fine not exceeding the statutory

maximum (or both);

(d)

on conviction on indictment, to imprisonment for a term not exceeding

10 years or a fine (or both).

Offence under

(1)

A person commits an offence under section 38 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

(b)

the conduct, if it took place in any part of the United Kingdom, would

constitute an offence under section 38 .

(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

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 38 .

(4)

This subsection applies if—

(a)

at the time the conduct took place the person was not a UK national,

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 38 , and

(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

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,

not later than rules of court may provide, the defendant serves on the

prosecution a notice—

Page 44

(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

(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

defendant are to be read as references to the accused.

(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 38 is committed outside the United Kingdom—

(a)

proceedings for the offence may be taken at any place in the United

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—

(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).

(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

(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,

(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.

Page 45

Liability for offence under

(1)

This section applies where an offence under section 38 is committed by a

body.

(2)

If the offence is committed with the consent or connivance of—

(a)

a relevant person in relation to the body, or

(b)

a person purporting to act in the capacity of a relevant person in

relation to the body,

the person (as well as the body) commits the offence and is liable to be

proceeded against and punished accordingly.

(3)

In this section —

“body” means a body corporate, a partnership or an unincorporated

association other than a partnership;

“relevant person” , in relation to a body, means—

(a)

in the case of a body corporate other than one whose affairs

are managed by its members, a director, manager, secretary or

other similar officer of the body;

(b)

in the case of a limited liability partnership or other body

corporate whose affairs are managed by its members, a member

who exercises functions of management with respect to it;

(c)

in case of a limited partnership, a general partner (within the

meaning given by section 3 of the Limited Partnerships Act

1907 );

(d)

in the case of any other partnership, a partner;

(e)

in the case of an unincorporated association other than a

partnership, a person who exercises functions of management

with respect to it.

Notification requirements for offence under

(1)

Schedule 3 to the Sexual Offences Act 2003 (sexual offences for purposes of

notification requirements under Part 2) is amended as follows.

(2)

After paragraph 35C insert—

“35D

An offence under section 38 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—

“59ZM

An offence under section 38 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.”

Page 46

(4)

After paragraph 92Y insert—

“92Z

An offence under section 38 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” substitute

“35D”.

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

the end of the paragraph) substitute “A engages in it when another person

(B) is present or is in a place from which A can be observed,”.

(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,”.

(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

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)”.

(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,”.

Child sex offences: grooming aggravating factor

(1)

In the Sentencing Code after section 70 insert—

“70A

Sexual grooming of child

(1)

This section applies where—

(a)

a court is considering the seriousness of a specified child sex

offence,

(b)

the offence is aggravated by grooming, and

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(c)

the offender was aged 18 or over when the offence was

committed.

(2)

The court—

(a)

must treat the fact that the offence is aggravated by grooming

as an aggravating factor, and

(b)

must state in open court that the offence is so aggravated.

(3)

An offence is “aggravated by grooming” if—

(a)

the offence was facilitated by, or involved, the offender

grooming a person under the age of 18, or

(b)

the offence was facilitated by, or involved, a person other than

the offender grooming a person under the age of 18 and the

offender knew, or could reasonably be expected to have known,

about the grooming when the offence was committed.

The person groomed need not have been a victim of the offence.

(4)

In this section “specified child sex offence” means—

(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—

(a)

an offence under section 1 of the Protection of Children Act

1978 (taking etc indecent photograph of child),

(b)

an offence under section 160 of the Criminal Justice Act 1988

(possession of indecent photograph of child),

(c)

an offence under any of sections 5 to 8 of the Sexual Offences

Act 2003 (rape and other offences against children under 13),

(d)

an offence under any sections 9 to 12 of that Act (other child

sex offences),

(e)

an offence under section 14 of that Act (arranging or facilitating

commission of child sex offence),

(f)

an offence under any of sections 16 to 19 of that Act (abuse of

position of trust),

(g)

an offence under section 25 or 26 of that Act (familial child sex

offences), or

(h)

an offence under any of sections 47 to 50 of that Act (sexual

exploitation of children).

(6)

An offence is within this subsection if it is—

(a)

an offence under any of sections 1 to 4 of the Sexual Offences

Act 2003 (rape, assault and causing sexual activity without

consent),

(b)

an offence under any of sections 30 to 41 of that Act (sexual

offences relating to persons with mental disorder),

(c)

an offence under any of sections 61 to 63 of that Act

(preparatory offences), or

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(d)

an offence under any of sections 66 to 67A of that Act (exposure

and voyeurism),

and the victim or intended victim was under the age of 18.

(7)

An offence is within this subsection if it is an offence under section

71 of the Sexual Offences Act 2003 (sexual activity in a public lavatory)

and a person involved in the activity in question was under the age

of 18.

(8)

Nothing in this section prevents a court from treating any other

grooming of a person as an aggravating factor.

(9)

This section applies in relation to a person convicted of an offence on

or after the day on which section 43 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

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,

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.”

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

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

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.

(3)

In this section—

“child sexual abuse image” means—

Page 49

(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;

(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;

“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;

(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.”

Chapter 2

Duty to report child sexual abuse

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

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

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.

(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.

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.

Page 50

(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

notification would give rise to a risk to the life or safety of a relevant child.

(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—

(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

of the person mentioned in subsection (1) .

(9)

The duty under subsection (1) is also subject to—

(a)

section 48 (exception for certain consensual activities between children);

(b)

section 49 (exception relating to commission of offence under section

14 of the Sexual Offences Act 2003 by a child in certain circumstances);

(c)

section 50 (exception in respect of certain disclosures by children);

(d)

section 51 (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,

(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;

(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

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 46 .

(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 7 ;

Page 51

“relevant activity” means—

(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 7 ;

“relevant child” means a child involved in the suspected offence other

than any child who is the suspected offender.

(13)

This Chapter applies to persons in the service of the Crown.

(1)

This section applies for the purposes of section 45 .

(2)

“Relevant local authority” means—

(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.

(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—

(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

notification considers appropriate.

(4)

In this section “local authority” has the same meaning as in the Children Act

2004 (see section 65).

(5)

Section 45 (11) (b) (references to “involved in the suspected offence”) applies

for the purposes of this section.

(1)

For the purposes of section 45 , 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.

(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 52

(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

(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

may constitute a child sex offence.

(7)

In this section “image” means a still or moving image, produced by any

means.

Exception for certain consensual sexual activities between children

(1)

The duty under section 45 does not apply to a person if the following four

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

(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

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—

(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

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

appropriate in the circumstances to make a notification under section 45

Page 53

, 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

Protection of Children Act 1978 (see section 7 of that Act).

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 45 does not apply to a person if the following four

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 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—

(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

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

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 45

, 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

by choice, and has the freedom and capacity to make that choice.

Exception in respect of certain disclosures by children

(1)

The duty under section 45 does not apply to a person (P) if—

Page 54

(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 47 (4) , and

(b)

P reasonably believes that—

(i)

A is a child, and

(ii)

each other person involved in the suspected offence is a child

aged 13 or over.

(2)

Section 45 (11) (b) (references to “involved in the suspected offence”) applies

for the purposes of this section.

Exception for persons providing specified services

(1)

The Secretary of State may by regulations provide that the duty under section

45 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

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.

Preventing or deterring a person from complying with duty to report

suspected child sex offence

(1)

A person commits an offence if they—

(a)

know that a person is under a duty under section 45 , and

(b)

engage in any conduct with the intention of preventing or deterring

that person from complying with that duty.

(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 45 in

light of the best interests of any person whom they reasonably believe to be

a relevant child.

(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—

(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).

Page 55

Modification of Chapter for constables

(1)

A constable who is under a duty under section 45 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

45 ).

(2)

In the application of sections 45 (7) , 48 (5) and 49 (5) in respect of a constable,

the references in those provisions to the making of a notification under section

45 include references to the making of a record under subsection (1) of this

section.

(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—

(a)

the British Transport Police Force, and

(b)

the Ministry of Defence police.

Powers to amend this Chapter, and consequential amendment

(1)

The Secretary of State may by regulations amend—

(a)

section 45 so as to change the person or persons to whom a notification

under that section is to be made;

(b)

this Chapter so as to add or change an exception to the duty under

section 45 ;

(c)

Schedule 7 (child sex offences, and further relevant activities).

The regulations may make consequential amendments of this Chapter.

(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 45 of the Crime

and Policing Act 2025 (duty to report suspected child sex

offence).”

Chapter 3

Other provision about sexual offences

Guidance about disclosure of information by police for purpose of preventing

sex offending

(1)

The Secretary of State may from time to time—

(a)

issue guidance to chief officers about the disclosure of police

information for the purpose of preventing the commission of relevant

sexual offences;

Page 56

(b)

revise any guidance issued under this section.

(2)

A chief officer must have regard to any guidance issued under this section.

(3)

Before issuing or revising guidance under this section, the Secretary of State

must consult—

(a)

the National Police Chiefs' Council, and

(b)

such other persons as the Secretary of State considers appropriate.

(4)

Subsection (3) does not apply to revisions if the Secretary of State considers

that they are not substantial.

(5)

The Secretary of State must publish any guidance or revisions issued under

this section.

(6)

In this section—

“chief officer” means—

(a)

the chief officer of police of a police force maintained by a local

policing body,

(b)

the Chief Constable of the British Transport Police Force, or

(c)

the chief constable of the Ministry of Defence Police;

“police information” means, in relation to a chief officer, information

held by the police force in question;

“relevant sexual offence” means an offence listed in Schedule 3 to the

Sexual Offences Act 2003.

(7)

In construing the reference in subsection (6) to an offence listed in Schedule

3 to the Sexual Offences Act 2003, disregard any condition subject to which

an offence is so listed that relates to—

(a)

the way in which the defendant is dealt with in respect of the offence

or a relevant finding (as defined by section 132(9) of that Act), or

(b)

the age of any person.

Offences relating to intimate photographs or films and voyeurism

Schedule 8 makes provision in connection with offences relating to intimate

photographs or films and voyeurism.

Exposure

In the Sexual Offences Act 2003 , in section 66 (exposure), for subsection (1)

substitute—

“(1)

A person (A) who intentionally exposes A’s genitals commits an

offence if—

(a)

A intends that someone will see the genitals and be caused

alarm, distress or humiliation, or

(b)

A exposes the genitals for the purpose of obtaining sexual

gratification and does so—

Page 57

(i)

with the intention that someone will see them, and

(ii)

being reckless as to whether someone who sees them

will be caused alarm, distress or humiliation.

(1A)

But where A intends only that a particular person, or particular

persons, will see A’s genitals, A does not commit an offence by virtue

of paragraph (b) of subsection (1) unless A is reckless as to whether

that person, or at least one of those persons, will be caused alarm,

distress or humiliation.”

Sexual activity with a corpse

(1)

In the Sexual Offences Act 2003 for section 70 substitute—

“70

Sexual activity with a corpse

(1)

A person commits an offence if—

(a)

the person intentionally performs an act of touching (with a

part of their body or anything else),

(b)

what is touched is a part of the body of a dead person,

(c)

the person knows that, or is reckless as to whether, that is what

is touched, and

(d)

the touching is sexual.

(2)

A person who commits an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not

exceeding the general limit in a magistrates’ court or a fine (or

both);

(b)

on conviction on indictment, to imprisonment for a term not

exceeding—

(i)

if the touching involved penetration of a part of the

body mentioned in subsection (1) (b) , 7 years;

(ii)

otherwise, 5 years.”

(2)

In consequence of the amendment made by subsection (1) , in the following

provisions for “sexual penetration of” substitute “sexual activity with”—

paragraph 152 of Schedule 15 to the Criminal Justice Act 2003;

paragraph 35 of Schedule 3 to the Sexual Offences Act 2003;

paragraph 33 of Schedule 4 to the Modern Slavery Act 2015;

paragraph 38(ba) of Schedule 18 to the Sentencing Code.

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Chapter 4

Management of sex offenders

Notification of name change

After section 83 of the Sexual Offences Act 2003 insert—

“83A

Notification requirements: name changes

(1)

A relevant offender must notify a new name to the police—

(a)

no less than 7 days before using it, or

(b)

if that is not reasonably practicable, but it is reasonably

practicable for the offender to notify the name to the police

before using it, as far in advance of their using it as is

reasonably practicable.

(2)

Where it is not reasonably practicable for the offender to notify a new

name to the police before using it, the offender must notify the name

to the police—

(a)

as soon as reasonably practicable after using the name, and

(b)

in any event within the period of 3 days beginning with their

using it.

(3)

A notification under subsection (1) must specify the date on which

the offender expects to use the name.

(4)

Subsection (5) applies where—

(a)

a notification is given under subsection (1) , and

(b)

the name to which it relates is used more than 2 days before

the date specified in the notification.

(5)

Where this subsection applies the relevant offender must notify the

name to the police—

(a)

as soon as reasonably practicable after using the name, and

(b)

in any event within the period of 3 days beginning with their

using it.

(6)

Subsection (7) applies where—

(a)

a notification is given under subsection (1) , and

(b)

the name to which it relates has not been used by the end of

the period of 3 days beginning with the date specified in the

notification.

(7)

Where this subsection applies—

(a)

subsections (1) and (2) apply as if the notification had not been

given, and

(b)

the relevant offender must, within the period of 6 days

beginning with the date specified, notify to the police that the

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name was not used by the end of the period mentioned in

subsection (6) (b) .

(8)

Section 83(6) applies to the determination of the period of 3 days

mentioned in subsections (2) and (5) and the period of 6 days

mentioned in subsection (7) , as it applies to the determination of the

period in section 83(1).

(9)

A notification under subsection (1) , (2) or (5) must include the

information set out in section 83(5).

(10)

In this section, a name is “new” unless it has been notified to the police

under section 83(1), this section, section 84 , or section 2 of the Sex

Offenders Act 1997 .”

Notification of absence from sole or main residence

(1)

After section 85 of the Sexual Offences Act 2003 insert—

“85ZA

Notification requirements: absence from notified residence (England,

Wales and Scotland)

(1)

This section applies to a relevant offender at any time if the last home

address notified by the offender under section 83(1), 83A , 84(1) or

85(1) was an address in England, Wales or Scotland such as is

mentioned in section 83(7)(a) (sole or main residence).

(2)

If the relevant offender intends to be absent from that home address

for a period of more than 5 days (“the relevant period”), the relevant

offender must, not less than 12 hours before leaving that home address,

notify to the police the information set out in subsection (3) .

(3)

The information is—

(a)

the date on which the relevant offender will leave that home

address;

(b)

such details as the relevant offender holds about—

(i)

their travel arrangements during the relevant period;

(ii)

their accommodation arrangements during that period;

(iii)

their date of return to that home address.

(4)

In this section—

“accommodation arrangements” include, in particular, the address

of any accommodation at which the relevant offender will

spend the night during the relevant period and the nature of

that accommodation;

“travel arrangements” include, in particular, details of the means

of transport to be used and the dates of travel.

(5)

Where—

(a)

a relevant offender has given a notification under subsection

(2) , and

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(b)

at any time not less than 12 hours before the offender leaves

their home address, the information notified becomes inaccurate

or incomplete,

the relevant offender must give a further notification under subsection

(2) .

(6)

Where a relevant offender—

(a)

has notified a date of return to their home address, but

(b)

returns to their home address on a date other than that notified,

the relevant offender must notify the date of their actual return to the

police within 3 days of their actual return.

(7)

Nothing in this section requires an offender to notify any information

which falls to be notified in accordance with a requirement imposed

by regulations under section 86.

(8)

The appropriate authority may by regulations amend subsection (2)

so as to change the duration of the relevant period, provided that the

relevant period is at least 5 days.

(9)

In subsection (8) the “appropriate authority” means—

(a)

in relation to a relevant offender whose last home address

notified under section 83(1), 83A , 84(1) or 85(1) was an address

in England or Wales such as is mentioned in section 83(7)(a),

the Secretary of State;

(b)

in relation to a relevant offender whose last home address

notified under section 83(1), 83A , 84(1) or 85(1) was an address

in Scotland such as is mentioned in section 83(7)(a), the Scottish

Ministers.”

(2)

In section 85A of the Sexual Offences Act 2003 (notification requirements:

absence from notified residence (Northern Ireland)), after subsection (7)

insert—

“(7A)

The Department of Justice in Northern Ireland may by regulations

amend subsection (2) so as to change the duration of the relevant

period, provided that the relevant period is at least 3 days.”

Child sex offenders: requirement to notify if entering premises where children

present

After section 86 of the Sexual Offences Act 2003 insert—

“86A

Notification requirements: persons required to notify if entering

premises at which children present

(1)

A relevant offender is subject to the requirements in section 86B if—

(a)

the offender is a child sex offender, or

(b)

a chief officer of police has given the offender a notice stating

that the offender is subject to the requirements in section 86B

, and the notice has not been cancelled.

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(2)

A chief officer of police may give a relevant offender a notice under

subsection (1) (b) if, when the notice is given, the chief officer—

(a)

is the chief officer of police for the offender’s relevant police

area, and

(b)

is satisfied that it is necessary to give the notice for the purpose

of protecting children generally, or particular children, from

sexual harm from the offender.

(3)

A notice under subsection (1) (b) must indicate that an appeal may be

made under section 86D against the decision to give the notice.

(4)

“Child sex offender” means a person who—

(a)

has been convicted of a child sex offence (see subsections (5)

and (6) ),

(b)

has been found not guilty of such an offence by reason of

insanity,

(c)

has been found to be under a disability and to have done the

act charged against the person in respect of such an offence,

(d)

in England or Wales or Northern Ireland, has been cautioned

in respect of such an offence.

(5)

An offence is a child sex offence if it is within any of the following

paragraphs of Schedule 3—

(a)

paragraphs 2 to 6, 9 to 16, 19 (where the offence is under

section 5 or 6 of this Act), 20 to 26, 28A to 29C, or 35B to 35E

(England and Wales);

(b)

paragraphs 38B, 39B, 41A, 42, 44 (where it applies by virtue of

paragraph 44(a)), 45, 46, 49 to 55, 57, 59A to 59C, 59O to 59ZK

or 59ZM (Scotland);

(c)

paragraphs 64, 65, 69 to 72, 75 to 79, 82 to 85, 87 to 89C, 92D

(where the offence is under Article 12 or 13 of the Sexual

Offences (Northern Ireland) Order 2008), 92E to 92O, or 92X

to 92Z (Northern Ireland);

(d)

paragraph 93 or 93A (service offences), where the corresponding

offence is within paragraph (a) .

(6)

An offence is a child sex offence if —

(a)

it is within paragraph 35A, 44A or 92A of Schedule 3 and the

extreme pornographic image to which the offence related was

an image of a person under 18,

(b)

it is within paragraph 93 or 93A of Schedule 3 (service offences)

and the corresponding offence is within paragraph (a), or

(c)

it is within any paragraph of Schedule 3 not within subsection

(5) or paragraph (a) or (b) of this subsection, and the victim or

(as the case may be) other party was a person under 18.

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(7)

References in this section to an offence being within a paragraph of

Schedule 3 are to be read with paragraphs 94 to 98 of that Schedule.

(8)

For the purposes of sections 86B to 86D —

“section” 86A notice means a notice given to a relevant offender

under subsection (1) (b) ;

“section” 86B relevant offender means a relevant offender who

is subject to the requirements in that section.

86B

Notification requirements: entering premises at which children are

present

(1)

A section 86B relevant offender must notify the required information

to the police no less than 12 hours before entering qualifying premises

at which children are present.

(2)

“The required information” means—

(a)

the address of the premises,

(b)

the date on which the offender is to enter the premises, and

(c)

such other information as the appropriate authority may specify

in regulations.

(3)

“Qualifying premises” means premises of a kind specified in

regulations made by the appropriate authority.

(4)

The appropriate authority may by regulations provide for

circumstances in which an offender who has given a notification under

subsection (1) is not required to give a further notification in relation

to the same premises or children.

(5)

Subsection (6) applies where—

(a)

a notification is given under subsection (1) , and

(b)

the offender has not entered the premises by the end of the

date specified in the notification.

(6)

Where this subsection applies—

(a)

subsection (1) applies as if the notification had not been given,

and

(b)

the relevant offender must, within the period of 6 days

beginning with the date specified in the notification, notify to

the police that the offender did not enter the premises on that

date.

(7)

Section 83(6) applies to the period of 6 days mentioned in subsection

(6) (b) as it applies to the determination of the period mentioned in

section 83(1).

(8)

In this section the “appropriate authority” means—

(a)

in relation to an offender whose relevant police area is a police

area in England and Wales, the Secretary of State;

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(b)

in relation to an offender whose relevant police area is Scotland,

the Scottish Ministers;

(c)

in relation to an offender whose relevant police area is Northern

Ireland, the Department of Justice in Northern Ireland.

86C

Periodic reviews of section

(1)

This section applies to a section 86B relevant offender who has been

given a section 86A notice which has not been cancelled.

(2)

In this section the “review date” means—

(a)

the end of the period of 12 months beginning with the day on

which the notice was given to the offender, and

(b)

the end of each successive period of 12 months.

(3)

The offender may, within the period of one month ending with each

review date, make representations to the appropriate chief officer

about the notice.

(4)

The appropriate chief officer must, before the start of the period

mentioned in subsection (3) , notify the offender of their right to make

representations under that subsection.

(5)

As soon as reasonably practicable after each review date, the

appropriate chief officer must—

(a)

consider any representations made under subsection (3) about

the notice,

(b)

decide whether to cancel the notice, and

(c)

give notice of the decision (a “decision notice”) to the offender.

(6)

The appropriate chief officer may cancel the section 86A notice only

if not satisfied as mentioned in section 86A (2) (b) .

(7)

If the appropriate chief officer decides that the section 86A notice

should not be cancelled, the decision notice must contain a statement

of reasons for the decision and indicate that an appeal may be made

against the decision under section 86D .

(8)

In this section the “appropriate chief officer” , in relation to an offender

at any time, means the chief officer of police for the offender’s relevant

police area at that time.

86D

Appeals in relation to section

(1)

A section 86B relevant offender may appeal to the appropriate court

against a decision—

(a)

to give the offender a section 86A notice;

(b)

not to cancel a section 86A notice which has been given to the

offender (see section 86C ).

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(2)

An appeal under this section may be made by complaint (or, in

Scotland, by application) to the appropriate court within the period

of 21 days beginning with—

(a)

in the case of an appeal under subsection (1) (a) , the day on

which the section 86A notice is given to the offender;

(b)

in the case of an appeal under subsection (1) (b) , the day on

which notice of the decision is given to the offender.

(3)

On an appeal under subsection (1) (a) the appropriate court may

confirm or cancel the notice which is subject of the appeal.

(4)

On an appeal under subsection (1) (b) the appropriate court may—

(a)

confirm the decision, or

(b)

remit the decision for reconsideration by the person who made

it with such directions (if any) as the court considers

appropriate.

(5)

In this section the “appropriate court” means—

(a)

in relation to an appeal against a decision of a chief officer of

police for a police area in England or Wales, any magistrates’

court in a local justice area which includes any part of the

officer’s police area;

(b)

in relation to an appeal against a decision of the chief constable

of the Police Service of Scotland, a sheriff court;

(c)

in relation to an appeal against a decision of the Chief

Constable of the Police Service of Northern Ireland, a court of

summary jurisdiction.

Police stations at which notifications may be given (Scotland and Northern

Ireland)

(1)

Section 87 of the Sexual Offences Act 2003 (method of notification and related

matters) is amended as follows.

(2)

In subsection (1), for paragraph (a) substitute—

“(a)

attending at the police station in the person’s relevant police

area that is for the time being specified in a document

published for that relevant police area under this section, or if

there is more than one such police station, at any one of them,

and”.

(3)

After subsection (2) insert—

“(2A)

The chief officer of police for each police area must publish, in such

manner as the chief officer thinks fit, a document containing the name

and address of each police station in that area at which a person may

give a notification of the kind mentioned in subsection (1).

(2B)

A chief officer of police must keep under review a document published

by the chief officer under this section and may from time to time

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publish a revised version of the document in such manner as the chief

officer thinks fit.”

Alternative method of notification

After section 87 of the Sexual Offences Act 2003 insert—

“87A

Alternative method of notification

(1)

A person (“P”) may give a notification under section 83A , 84, 85(1),

85ZA , 85A(2) or (6) or 86B virtually if—

(a)

conditions 1 to 3 are met, and

(b)

any further conditions specified by the appropriate authority

in regulations are met.

(2)

Condition 1 is that—

(a)

a senior police officer has given P a notice authorising P to

give notifications of the kind mentioned in subsection (1)

virtually, and

(b)

the notice has not been cancelled.

(3)

A senior police officer may give P a notice under subsection (2) (a)

only if satisfied that it is not necessary, for the purpose of protecting

the public or any particular members of the public from sexual harm,

for P to give those notifications in accordance with section 87.

(4)

A senior police officer —

(a)

may, by giving P a further notice, cancel the notice under

subsection (2) (a) , and

(b)

must do so if not satisfied as mentioned in subsection (3) .

(5)

“Senior police officer” means a constable of at least the rank of

inspector who is authorised to give notices under this section by the

chief officer of police for P’s relevant police area at the time the notice

is given.

(6)

Condition 2 is that the notification does not relate to a matter specified

by the appropriate authority in regulations.

(7)

Condition 3 is that the notification is given to a person who is

authorised to receive virtual notifications by the chief officer of police

for P’s relevant police area at the time the notification is given.

(8)

A notification is given virtually if it is given by a means which enables

P and the person receiving the notification to see and hear each other

without being together in the same place.

(9)

The conditions which may be specified in regulations under subsection

(1) (b) include further conditions about the means of giving the

notification.

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(10)

A notification given in accordance with this section must be

acknowledged in writing, in such form as the appropriate authority

may direct.

(11)

Nothing in this section prevents P giving a notification in accordance

with section 87(1).

(12)

In this section the “appropriate authority” means—

(a)

in relation to a person whose relevant police area is a police

area in England or Wales, the Secretary of State;

(b)

in relation to a person whose relevant police area is Scotland,

the Scottish Ministers;

(c)

in relation to a person whose relevant police area is Northern

Ireland, the Department of Justice in Northern Ireland.

87B

Alternative method of notification: further requirements

(1)

Where a person (“P”) gives a notification in accordance with section

87A P must, if requested to do so by the person to whom it is given—

(a)

attend at a relevant police station, and

(b)

comply with the requirements in subsections (2) and (3) .

(2)

Where the police station at which P attends is in England, Wales or

Northern Ireland, the requirements are that P must allow a relevant

person to—

(a)

take P’s fingerprints,

(b)

photograph any part of P, or

(c)

do both of those things.

(3)

Where the police station at which P attends is in Scotland, the

requirements are that P must—

(a)

do one or more of the things mentioned in section 87(5A)(a)

to (d),

(b)

give each passport P has to a relevant person for inspection

by that person, or

(c)

do both of those things.

(4)

In this section—

(a)

“relevant police station” means a police station at which P may

give a notification in accordance with section 87(1);

(b)

“relevant person” means a person at that police station to whom

P may give such a notification.”

Review of indefinite notification requirements (England and Wales)

(1)

The Sexual Offences Act 2003 is amended as follows.

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(2)

In section 91A (review of indefinite notification requirements: qualifying

relevant offender) after subsection (1) insert—

“(1A)

The relevant chief officer of police may, without an application for

review having been made, consider whether a qualifying relevant

offender should remain subject to the indefinite notification

requirements (referred to in sections 91A to 91F as an “own motion

review”).”

(3)

After section 91E insert—

“91EA

Review of indefinite notification requirements: own motion review

(1)

The relevant chief officer of police may begin an own motion review

on, or at any time after, the qualifying date.

(2)

The “qualifying date” has the same meaning in this section as in section

91B.

(3)

The relevant chief officer of police begins an own motion review by

notifying the qualifying relevant offender that the relevant chief officer

of police is considering whether the qualifying relevant offender should

remain subject to the indefinite notification requirements.

(4)

The notification must inform the qualifying relevant offender of their

right to make representations under subsection (5) .

(5)

The qualifying relevant offender may make representations to the

relevant chief officer of police within 35 days of receipt of the

notification.

(6)

The relevant chief officer of police may within 7 days of beginning an

own motion review notify a responsible body that they are beginning

an own motion review.

(7)

If the responsible body holds information which it considers to be

relevant to the review, it must give the information to the relevant

chief officer of police within 28 days of receipt of the notification.

91EB

Review of indefinite notification requirements: determination of own

motion review

(1)

On an own motion review the relevant chief officer of police must,

within 6 weeks of the date mentioned in subsection (2) —

(a)

determine whether the qualifying relevant offender should

remain subject to the indefinite notification requirements, and

(b)

give notice of the determination to the qualifying relevant

offender.

(2)

The date is the latest date on which the qualifying relevant offender

may make representations under section 91EA (5) .

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(3)

The relevant chief officer of police may determine that the qualifying

relevant offender should not remain subject to the indefinite notification

requirements only if satisfied that it is not necessary, for the purpose

of protecting the public or any particular members of the public from

sexual harm, for the qualifying relevant offender to remain subject to

the indefinite notification requirements.

(4)

If the relevant chief officer of police determines that the qualifying

relevant offender should not remain subject to the indefinite notification

requirements, the qualifying relevant offender ceases to be subject to

the indefinite notification requirements on the date of receipt of the

notice of determination.

(5)

If the relevant chief officer of police determines that the qualifying

relevant offender should remain subject to the indefinite notification

requirements, the notice of determination must—

(a)

contain a statement of reasons for the determination, and

(b)

inform the qualifying relevant offender that they may appeal

the determination in accordance with section 91ED .

(6)

The Secretary of State may by regulations amend the period in

subsection (1) .

91EC

Review of indefinite notification requirements: factors applying to

determination under section

In determining an own motion review under section 91EB , the relevant

chief officer of police must—

(a)

have regard to the representations (if any) made by the

qualifying relevant offender,

(b)

have regard to the information (if any) received from a

responsible body,

(c)

consider the risk of sexual harm posed by the qualifying

relevant offender and the effect of a continuation of the

indefinite notification requirements on the offender, and

(d)

take into account the matters listed in section 91D(2).

91ED

Review of indefinite notification requirements: appeals against

determinations under section

(1)

A qualifying relevant offender may appeal against a determination of

the relevant chief officer of police under section 91EB (5) .

(2)

An appeal under this section may be made by complaint to a

magistrates’ court within the period of 21 days beginning with the

day of receipt of the notice of determination.

(3)

A qualifying relevant offender may appeal under this section to any

magistrates’ court in a local justice area which includes any part of

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the police area for which the chief officer is the relevant chief officer

of police.

(4)

If the court makes an order that a qualifying relevant offender should

not remain subject to the indefinite notification requirements, the

qualifying relevant offender ceases to be subject to the indefinite

notification requirements on the date of the order.”

(4)

After section 91F insert—

“91G

Discharge from indefinite notification requirements in Scotland or

Northern Ireland

A relevant offender who is discharged from the notification

requirements of this Part under—

(a)

sections 88A to 88H (discharge from indefinite notification

requirements in Scotland), or

(b)

Schedule 3A (discharge from indefinite notification requirements

in Northern Ireland),

is, by virtue of the discharge, also discharged from the notification

requirements of this Part as they apply in England and Wales.”

Review of indefinite notification requirements (Northern Ireland)

In Schedule 3A to the Sexual Offences Act 2003 (discharge from indefinite

notification requirements in Northern Ireland) after paragraph 6 insert—

“Own motion review: powers of Chief Constable

(1)

The Chief Constable may, without an application having been made

by the offender, consider whether to discharge the offender from

the notification requirements (referred to in this Schedule as an

“own motion review”).

(2)

The Chief Constable may begin an own motion review at any time

after the end of the initial review period (within the meaning of

paragraph 2).

(3)

Sub-paragraph (1) does not apply at any time when—

(a)

the offender is also subject to a sexual offences prevention

order or an interim sexual offences prevention order; or

(b)

the offender is also subject to the notification requirements

for a fixed period which has not expired.

(4)

The Chief Constable begins an own motion review by serving notice

on the offender that the Chief Constable is considering whether to

discharge the offender from the notification requirements.

(5)

The notice must inform the offender of their right to make

representations under sub-paragraph (6) .

(6)

The offender may make representations to the Chief Constable

within 35 days of the date of service of the notice.

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(7)

The Chief Constable may, before determining an own motion review,

request information from any body or person which the Chief

Constable considers appropriate.

Own motion review: determination

(1)

On an own motion review the Chief Constable must discharge the

notification requirements unless the Chief Constable is satisfied—

(a)

that the offender poses a risk of sexual harm, and

(b)

that the risk is such as to justify the notification requirements

continuing in the interests of the prevention or investigation

of crime or the protection of the public.

(2)

In deciding whether that is the case, the Chief Constable must—

(a)

have regard to the representations (if any) made by the

offender,

(b)

have regard to the information (if any) received under

paragraph 6A (7) , and

(c)

take into account the matters listed in paragraph 3(2).

(3)

The functions of the Chief Constable under this paragraph may not

be delegated by the Chief Constable except to a police officer not

below the rank of superintendent.

Own motion review: notice of decision

(1)

The Chief Constable must, within 12 weeks of the date mentioned

in sub-paragraph (2) , comply with this paragraph.

(2)

The date is the latest date on which the offender may make

representations under paragraph 6A (6) .

(3)

If the Chief Constable discharges the notification requirements—

(a)

the Chief Constable must serve notice of that fact on the

offender, and

(b)

the offender ceases to be subject to the notification

requirements on the date of service of the notice.

(4)

If the Chief Constable decides not to discharge the notification

requirements—

(a)

the Chief Constable must serve notice of that decision on

the offender; and

(b)

the notice must—

(i)

state the reasons for the decision; and

(ii)

state the effect of paragraphs 6D and 6.

(5)

The Department of Justice may by regulations amend the period in

sub-paragraph (1) .

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Own motion review: application to Crown Court

(1)

Where—

(a)

the Chief Constable fails to comply with paragraph 6C within

the period specified in paragraph 6C (1) , or

(b)

the Chief Constable serves a notice under paragraph 6C (4) ,

the offender may apply to the Crown Court for an order discharging

the offender from the notification requirements.

(2)

An application under this paragraph must be made within the

period of 21 days beginning—

(a)

in the case of an application under sub-paragraph (1) (a) , on

the expiry of the period specified in paragraph 6C (1) ;

(b)

in the case of an application under sub-paragraph (1) (b)

, with the date of service of the notice under paragraph 6C (4) .

(3)

Paragraph 6B applies in relation to an application under this

paragraph as it applies to an own motion review, but as if references

to the Chief Constable were references to the Crown Court.

(4)

The Chief Constable and the offender may appear or be represented

at any hearing in respect of an application under this paragraph.

(5)

If on an application under this paragraph the Crown Court makes

an order discharging the offender from the notification requirements,

the appropriate officer of the Crown Court must send a copy of the

order to the offender and the Chief Constable.

(6)

If on an application under this paragraph the Crown Court refuses

to make an order discharging the offender, the appropriate officer

of the Crown Court must send notice of that refusal to the offender

and the Chief Constable.”

Restriction on applying for replacement identity documents in new name

(1)

After section 93 of the Sexual Offences Act 2003 insert—

“Applications for replacement identity documents in new name

93A

Offenders requiring authorisation before applying for certain identity

documents in new name

(1)

A relevant offender is subject to the restriction in section 93B (1) if a

chief officer of police has given the offender a notice stating that the

offender is subject to that restriction, and the notice has not been

cancelled.

(2)

A chief officer of police may give an offender a notice under subsection

(1) only if, when the notice is given, the chief officer—

(a)

is the chief officer of police for the offender’s relevant police

area, and

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(b)

is satisfied that it is necessary to give the notice for the purpose

of—

(i)

protecting the public or any particular members of the

public from sexual harm from the offender, or

(ii)

protecting children or vulnerable adults generally, or

any particular children or vulnerable adults, from sexual

harm from the offender outside the United Kingdom.

(3)

A notice under subsection (1) must indicate that an appeal may be

made under section 93G against the decision to give the notice.

(4)

For the purposes of sections 93B to 93G —

the “appropriate authority” means—

(a)

in relation to an offender whose relevant police area is

in England and Wales, the Secretary of State;

(b)

in relation to an offender whose relevant police area is

Scotland, the Scottish Ministers;

(c)

in relation to an offender whose relevant police area is

Northern Ireland, the Department of Justice in Northern

Ireland;

the “appropriate chief officer” , in relation to an offender at any

time, means the chief officer of police for the offender’s relevant

police area at that time;

“section” 93A notice means a notice given to a relevant offender

under subsection (1) ;

“section” 93B relevant offender means a relevant offender who

is subject to the restriction in section 93B (1) .

93B

Requirement for authorisation before applying for replacement

identity documents in new name

(1)

A section 93B relevant offender who holds, or has held, an identity

document of a particular type must not apply for an identity document

of that type to be issued to the offender in a new name unless

authorised to do so under section 93C .

(2)

For the purposes of subsection (1) an offender’s name is “new”, in

relation to an identity document of a particular type, if the identity

document of that type most recently issued to the offender was not

in that name.

(3)

A person who fails, without reasonable excuse, to comply with

subsection (1) commits an offence.

(4)

A person who commits an offence under subsection (3) is liable—

(a)

on summary conviction in England and Wales, to imprisonment

for a term not exceeding the general limit in a magistrates’

court or a fine (or both);

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(b)

on summary conviction in Scotland, to imprisonment for a

term not exceeding 12 months or a fine not exceeding the

statutory maximum (or both);

(c)

on summary conviction in Northern Ireland, to imprisonment

for a term not exceeding six months or a fine not exceeding

the statutory maximum (or both);

(d)

on conviction on indictment, to imprisonment for a term not

exceeding 5 years or a fine (or both).

(5)

For the purposes of this section and section 93C —

(a)

“identity document” means a document falling within

subsection (6) ;

(b)

an identity document is of the same type as another identity

document if both documents fall within the same paragraph

of subsection (6) (or, in the case of an identity document within

subsection (6) (d) , if the document is a document of the same

kind as a kind of document specified in regulations).

(6)

A document falls within this subsection if it is—

(a)

an immigration document (within the meaning given by section

7 (2) of the Identity Documents Act 2010 );

(b)

a United Kingdom passport (within the meaning of the

Immigration Act 1971 );

(c)

a licence to drive a motor vehicle granted under Part 3 of the

Road Traffic 1988 or under Part 2 of the Road Traffic (Northern

Ireland) Order 1981 (S.I. 1981/154 (N.I. 1));

(d)

a document of a kind specified in regulations made by the

appropriate authority for the purposes of this section.

(7)

Before making regulations under subsection (6) (d) , an appropriate

authority must consult each other appropriate authority.

93C

Authorisation to apply for replacement identity documents in new

name

(1)

A section 93B relevant offender who holds, or has held, an identity

document of a particular type may apply to the appropriate chief

officer for authorisation to apply for an identity document of that type

to be issued to the offender in a new name.

(2)

The application must—

(a)

be in writing,

(b)

specify the type of identity document that is being applied for

and the name in which it is to be issued, and

(c)

include such other information, or be accompanied by such

documents, as the appropriate authority may specify in

regulations.

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(3)

The appropriate chief officer must, within four weeks of receiving the

application—

(a)

decide whether to grant or refuse authorisation, and

(b)

give notice of the decision (a “decision notice”) to the applicant.

(4)

In deciding whether to grant or refuse authorisation, the officer must

have regard to any guidance issued under section 93H .

(5)

The officer may grant authorisation only if conditions 1 and 2 are met.

(6)

Condition 1 is that the officer is satisfied that—

(a)

the offender is using the new name for reasons connected

with—

(i)

the offender’s marriage to, or civil partnership with,

another person, or

(ii)

the offender’s religion or belief,

(b)

any conditions specified in regulations made by the appropriate

authority for the purposes of this section are met, or

(c)

there are exceptional circumstances that justify granting

authorisation.

(7)

Condition 2 is that the officer does not consider it necessary to refuse

authorisation for the purpose of—

(a)

protecting the public or any particular members of the public

from sexual harm from the offender, or

(b)

protecting children or vulnerable adults generally, or any

particular children or vulnerable adults, from sexual harm from

the offender outside the United Kingdom.

(8)

If the officer refuses authorisation—

(a)

the decision notice must contain a statement of reasons for the

decision and indicate that an appeal may be made under section

93G against the decision, and

(b)

a further application under subsection (1) may not be made in

relation to an identity document of the same type before the

end of the period of one year beginning with the date on which

the decision notice is given.

(9)

Before making regulations under this section, an appropriate authority

must consult each other appropriate authority.

(10)

In subsection (6) —

(a)

“religion” means any religion;

(b)

a reference to religion includes a reference to a lack of religion;

(c)

“belief” means any religious or philosophical belief;

(d)

a reference to belief includes a reference to a lack of belief.

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93D

Authorisations granted under section

(1)

Where a section 93B relevant offender is granted authorisation under

section 93C , the authorisation has effect for the period of one year

beginning with the day on which notice of the decision to grant the

authorisation is given to the offender.

(2)

But the appropriate chief officer may cancel the authorisation before

the end of that period by giving notice to the offender.

(3)

The officer may cancel the authorisation only if the officer considers

that either or both of the conditions mentioned in section 93C (5) are

not met.

(4)

A notice under subsection (2) must indicate that an appeal may be

made under section 93G against the decision to cancel the

authorisation.

93E

Young offenders: parental notices

(1)

Where a section 93B relevant offender is under 18, the appropriate

chief officer may give written notice (a “parental notice”) to a person

with parental responsibility for (or, in Scotland, parental responsibilities

in relation to) the offender.

(2)

If a parental notice has been given to a person by a chief officer of

police and it has not expired, sections 93B (1) and 93C (1) have effect

as if after “particular type” (in both places) there were inserted “, or

a person with parental responsibility for (or, in Scotland, parental

responsibilities in relation to) such an offender who has been given a

notice under section 93E ,”.

(3)

A parental notice expires when the offender reaches the age of 18.

(4)

Where a parental notice is given by the chief constable of the Police

Service of Scotland, the references in subsections (1) and (3) to 18 are

to be read as references to 16.

93F

Periodic reviews of section

(1)

As soon as reasonably practicable after each review date, the

appropriate chief officer must review a section 93A notice with a view

to determining whether it should be cancelled.

(2)

The “review date”, in relation to a section 93A notice, is—

(a)

the end of the period of 12 months beginning with the date on

which the notice is given, and

(b)

the end of each successive period of 12 months.

(3)

In carrying out their review, the appropriate chief officer must consider

any representations made during the consultation period by the

offender to whom the notice was given.

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(4)

Before the start of the consultation period, the appropriate chief officer

must notify the offender of their right to make representations during

that period.

(5)

In subsections (3) and (4) the “consultation period” means the period

of one month ending with the review date.

(6)

After completing their review, the appropriate chief officer must—

(a)

decide whether to cancel the section 93A notice, and

(b)

give notice of the decision (a “decision notice”) to the offender.

(7)

The appropriate chief officer may cancel the section 93A notice only

if not satisfied as mentioned in section 93A (2) (b) .

(8)

If the appropriate chief officer decides that the section 93A notice

should not be cancelled, the decision notice must contain a statement

of reasons for the decision and indicate that an appeal may be made

under section 93G against the decision.

93G

Appeals

(1)

A person (“P”) may appeal to the appropriate court against a decision—

(a)

to give P a section 93A notice;

(b)

to refuse P authorisation under section 93C ;

(c)

to cancel an authorisation granted to P under section 93C (see

section 93D );

(d)

to give P a notice under section 93E ;

(e)

not to cancel a section 93A notice which has been given to P

(see section 93F ).

(2)

An appeal under this section may be made by complaint (or, in

Scotland, by application) to the appropriate court within the period

of 21 days beginning with—

(a)

in the case of an appeal under subsection (1) (a) or (d) , the day

on which the notice is given to P;

(b)

in the case of an appeal under subsection (1) (b) , (c) or (e) , the

day on which notice of the decision is given to P.

(3)

On an appeal under subsection (1) (a) or (d) , the court may confirm

or cancel the notice which is the subject of the appeal.

(4)

On an appeal under subsection (1) (b) , (c) or (e) , the court may—

(a)

confirm the decision, or

(b)

remit the decision for reconsideration by the person who made

it with such directions (if any) as the court considers

appropriate.

(5)

In this section the “appropriate court” means—

(a)

in relation to an appeal against a decision of a chief officer of

police for a police area in England or Wales, any magistrates’

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court in a local justice area which includes any part of the

officer’s police area;

(b)

in relation to an appeal against a decision of the chief constable

of the Police Service of Scotland, a sheriff court;

(c)

in relation to an appeal against a decision of the Chief

Constable of the Police Service of Northern Ireland, a court of

summary jurisdiction.

93H

Guidance

(1)

The Secretary of State must issue guidance to chief officers of police

for police areas in England and Wales in relation to the determination

by them of applications under section 93C .

(2)

The Department of Justice in Northern Ireland must issue guidance

to the Chief Constable of the Police Service of Northern Ireland in

relation to the Chief Constable’s determination of applications under

section 93C .

(3)

Before issuing guidance under this section—

(a)

the Secretary of State must consult the Department of Justice

in Northern Ireland;

(b)

the Department of Justice in Northern Ireland must consult the

Secretary of State.

(4)

The Secretary of State and the Department of Justice may, from time

to time, revise any guidance issued by them under this section.

(5)

The Secretary of State and the Department of Justice must arrange for

any guidance issued or revised by them under this section to be

published.”

(2)

After section 93H of the Sexual Offences Act 2003 (inserted by subsection (1)

) insert—

“93I

Restriction on granting replacement driving licences in new name

(England, Wales and Scotland)

(1)

The Secretary of State may by regulations make provision to prevent

a person from being granted a driving licence (a “replacement licence”)

if—

(a)

the person holds, or has held, a driving licence,

(b)

the name to be specified in the replacement licence (“the new

name”) is different from the name specified in the driving

licence most recently granted to the person, and

(c)

it appears to the Secretary of State, on the basis of information

provided by a chief officer of police, that the person is a section

93B relevant offender who was not authorised to apply for a

driving licence in the new name.

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(2)

The regulations may, in particular, include provision for authorising

or requiring—

(a)

a chief officer of police to disclose specified information to the

Secretary of State, and

(b)

the Secretary of State to disclose specified information to a

chief officer of police,

where the disclosure falls within subsection (3) .

(3)

A disclosure falls within this subsection if it is made—

(a)

for the purposes of enabling the Secretary of State or a chief

officer of police to carry out their functions under or by virtue

of the regulations, or

(b)

in connection with the detection or investigation of an offence

under section 93B (3) .

(4)

The regulations may, in particular, make provision about how a chief

officer of police or the Secretary of State may or must use information

disclosed to them by virtue of subsection (2) .

(5)

The regulations may not authorise or require the disclosure or other

processing of information if the disclosure or other processing would

contravene the data protection legislation (but in determining whether

the disclosure or other processing would do so, take into account any

duty imposed or power conferred by the regulations).

(6)

The regulations may include provision amending Part 3 of the Road

Traffic Act 1988 .

(7)

In this section—

“the data protection legislation” and “processing” have the same

meanings as in the Data Protection Act 2018 (see section 3 of

that Act);

“driving licence” means a licence to drive a motor vehicle granted

under Part 3 of the Road Traffic 1988;

“specified” means specified in regulations under this section.”

Power of entry and search

(1)

The Sexual Offences Act 2003 is amended as follows.

(2)

In the section 96A inserted by section 80 of the Police, Public Order and

Criminal Justice (Scotland) Act 2006 (police powers of entry to and examination

of relevant offender's home address)—

(a)

in subsection (1) , for “a senior” substitute “an appropriate”;

(b)

in subsection (11) , after “section—” insert—

““appropriate police officer” , in relation to an application for a

warrant under subsection (1), means a constable of the Police

Service of Scotland authorised to make the application by a

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constable of the Police Service of Scotland who is of the rank

of inspector or above;”;

(c)

omit the definition of “senior police officer”.

(3)

In section 96B (power of entry and search of relevant offender's home

address)—

(a)

in subsection (1) , for “a senior” substitute “an appropriate”;

(b)

in subsection (10) —

(i)

before the definition of “the relevant force” insert—

““appropriate police officer” , in relation to an application

for a warrant under subsection (1), means a constable

authorised to make the application by a constable of

the rank of inspector or above;”;

(ii)

omit the definition of “senior police officer”.

Minor and consequential amendments

Schedule 9 contains minor and consequential amendments relating to this

Chapter.

Part 6

Stalking

Stalking protection orders on acquittal etc

(1)

The Stalking Protection Act 2019 is amended as follows.

(2)

Before section 1 (but after the italic heading before that section) insert—

“A1

Meaning of “stalking protection order”

(1)

In this Act “stalking protection order” means an order under this Act

which, for the purpose of preventing a person from carrying out acts

associated with stalking—

(a)

prohibits the person from doing anything described in the

order;

(b)

requires the person to do anything described in the order.

(2)

See section 2A of the Protection from Harassment Act 1997 for

examples of acts associated with stalking.

(3)

This Act provides for the making of a stalking protection order—

(a)

on an application under section 1 (1) (see section 2 ), or

(b)

where a person is acquitted of an offence, successfully appeals

against a conviction for an offence or is dealt with in respect

of certain findings (see section 2A ).

(4)

See also Chapter 3A of Part 11 of the Sentencing Code (stalking

protection orders on conviction).”

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(3)

In section 1 (applications for orders)—

(a)

in subsection (1) , in the words before paragraph (a) , for “an order (a

“stalking protection order”)” substitute “a stalking protection order”;

(b)

omit subsection (2) ;

(c)

omit subsection (6) .

(4)

In section 2 (power to make orders), in the heading, at the end insert “on

application”.

(5)

After section 2 insert—

“2A

Power to make orders on acquittal etc

(1)

This section applies where—

(a)

a defendant is acquitted of any offence by or before a court,

(b)

a court allows a defendant’s appeal against a conviction for

any offence, or

(c)

a court deals with a defendant in respect of a finding that—

(i)

the defendant is not guilty of any offence by reason of

insanity, or

(ii)

the defendant is under a disability and has done the

act charged against the defendant in respect of any

offence.

(2)

The court may make a stalking protection order under this section in

respect of the defendant if satisfied of the matters mentioned in

paragraphs (a) to (c) of section 2 (1).

(3)

Section 1 (4) applies for the purposes of this section.

(4)

Section 2 (2) to (7) apply for the purposes of this section (references to

a magistrates’ court being read as references to the court).”

(6)

In section 4 (variations, renewals and discharges)—

(a)

in subsection (1) , for “a magistrates’” substitute “an appropriate”;

(b)

in subsection (4) , in paragraph (b) , for sub-paragraphs (i) and (ii)

substitute—

“(i)

where the application was made by a chief

officer of police, that chief officer;

(ii)

where the application was made by the

defendant and relates to a stalking protection

order made under section 2 , the chief officer of

police who applied for the order and (if

different) the chief officer of police for the area

in which the defendant resides, if that area is in

England or Wales;

(iii)

where the application was made by the

defendant and relates to a stalking protection

order made under section 2A , the chief officer

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of police for the area in which the defendant

resides, if that area is in England or Wales.”;

(c)

after that subsection insert—

“(5)

In subsection (1) “appropriate court” means—

(a)

where the stalking protection order was made by a

court other than a youth court—

(i)

the court that made the order, or

(ii)

if the order was made by a magistrates' court,

any other magistrates' court acting in the local

justice area in which that court acts;

(b)

where the stalking protection order was made by a

youth court—

(a)

if the defendant is under the age of 18 at the

time the application is made, the youth court

that made the order, or any other youth court

acting in the local justice area in which that court

acts;

(b)

if the defendant is aged 18 or over at the time

the application is made, any magistrates' court

acting in the local justice area in which the youth

court that made the order acts.

(6)

For the purposes of this section, a stalking protection order

made in the circumstances mentioned in section 2A (1) (b) is to

be treated as an order made by the court by or before which

the defendant was convicted.”

(7)

In section 7 (appeals)—

(a)

in subsections (1) , (2) and (3) omit “to the Crown Court”;

(b)

after subsection (3) insert—

“(3A)

An appeal under subsection (1), (2) or (3) is to be made—

(a)

where the appeal is against a decision of the Crown

Court, to the Court of Appeal;

(b)

in any other case, to the Crown Court.”;

(c)

in subsection (4) for “the Crown Court” substitute “the court”;

(d)

after that subsection insert—

“(5)

For the purposes of section 4 (variations, renewals and

discharges)—

(a)

a stalking protection order that has been confirmed,

varied or renewed on an appeal remains an order of

the court that first made it;

(b)

a stalking protection order made by a court on an

appeal is to be treated as an order made by the court

whose decision was appealed against.”

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(8)

In section 10 (method of notification and related matters), in subsection (2) (a)

omit “magistrates’”.

(9)

In section 13 (procedure) after subsection (2) insert—

“(3)

An application to the Crown Court under any provision of this Act

is to be made in accordance with rules of court.”

(10)

In section 14 (interpretation)—

(a)

for the definition of “defendant” substitute—

““defendant” —

(a)

in relation to a stalking protection order under section

2 , has the meaning given by section 1 (1) ;

(b)

in relation to a stalking protection order under section

2A , has the same meaning as in that section;”;

(b)

in the definition of “local police area”, in paragraph (c) , omit

“magistrates’”;

(c)

in the definition of “stalking protection order”, for “section 1(1)”

substitute “ section A1 (1) ”.

Stalking protection orders on conviction

(1)

In Part 11 of the Sentencing Code (behaviour orders), after Chapter 3 insert—

Chapter 3A

Stalking protection orders

364A

Stalking protection order

(1)

In this Chapter “stalking protection order” means an order under

section 364B which, for the purpose of preventing the person from

carrying out acts associated with stalking—

(a)

prohibits the person from doing anything described in the

order;

(b)

requires the person to do anything described in the order.

(2)

See section 2A of the Protection from Harassment Act 1997 for

examples of acts associated with stalking.

(3)

A stalking protection order has effect—

(a)

for a fixed period specified in the order, or

(b)

until further order.

(4)

Where a fixed period is specified it must be a period of at least two

years beginning with the day on which the order is made.

(5)

A stalking protection order may specify periods for which particular

prohibitions or requirements have effect.

(6)

In this Chapter, “acts” includes omissions.

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364B

Power to make stalking protection order

(1)

This section applies where a court is dealing with an offender for an

offence.

(2)

The court may make a stalking protection order in respect of the

offender if satisfied that—

(a)

the offender has carried out acts associated with stalking,

(b)

the offender poses a risk associated with stalking to any person

(whether or not that person was the victim of the acts

mentioned in paragraph (a) ), and

(c)

the proposed order is necessary to protect that person from

such a risk.

(3)

A court may include a prohibition or requirement in a stalking

protection order only if satisfied that the prohibition or requirement

is necessary to protect a person mentioned in subsection (2)(b) from

a risk associated with stalking.

(4)

It does not matter—

(a)

whether the acts mentioned in subsection (2) (a) were carried

out in the United Kingdom or elsewhere, or

(b)

whether they were carried out before or after the

commencement of this section .

(5)

A risk associated with stalking—

(a)

may be in respect of physical or psychological harm to the

person concerned;

(b)

may arise from acts which the offender knows or ought to

know are unwelcome to the person concerned even if, in other

circumstances, the acts would appear harmless in themselves.

364C

Prohibitions and requirements included in orders

(1)

Prohibitions or requirements included in a stalking protection order

must, so far as practicable, be such as to avoid—

(a)

any conflict with any religious beliefs of the offender, and

(b)

any interference with any times at which the offender normally

works or attends an educational establishment.

(2)

A prohibition or requirement applies in all parts of the United

Kingdom unless expressly limited to a particular locality.

(3)

Subsection (4) applies where a court makes a stalking protection order

in relation to an offender who is already subject to such an order

(whether made by that court or another).

(4)

The court may not include any prohibition or requirement in the new

stalking protection order which is incompatible with a prohibition or

requirement in the earlier stalking protection order.

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364D

Variations, renewal or discharges of stalking protection order

(1)

The offender or a relevant chief officer of police may apply to an

appropriate court for an order varying, renewing or discharging a

stalking protection order.

(2)

Before making a decision on an application under subsection (1) , the

court must hear—

(a)

the offender, and

(b)

any relevant chief officer of police who wants to be heard.

(3)

On an application under subsection (1) the court may make any order

varying, renewing or discharging the stalking protection order that

the court considers appropriate.

(4)

But the court may not—

(a)

in renewing or varying an order, impose an additional

prohibition or requirement unless satisfied that it is necessary

to do so in order to protect a person from a risk associated

with stalking;

(b)

discharge an order before the end of two years beginning with

the day on which the order was made without the consent of

the offender and—

(i)

where the application was made by a chief officer of

police, that chief officer;

(ii)

in any other case, the chief officer of police for the area

in which the offender resides, if that area is in England

or Wales.

(5)

In this section—

“appropriate court” , in relation to an application to vary, renew

or discharge a stalking protection order, means—

(a)

where the order was made by a court other than a

youth court—

(i)

the court that made the order, or

(ii)

if the order was made by a magistrates' court,

any other magistrates' court acting in the local

justice area in which that court acts;

(b)

where the order was made by a youth court—

(a)

if the defendant is under the age of 18 at the

time the application is made, the youth court

that made the order, or any other youth court

acting in the local justice area in which that court

acts;

(b)

if the defendant is aged 18 or over at the time

the application is made, any magistrates' court

acting in the local justice area in which the youth

court that made the order acts;

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“ “relevant chief officer of police” ” means—

(a)

the chief officer of police for the area in which the

offender resides, or

(b)

any chief officer of police who believes that the offender

is in, or is intending to come to, that chief officer's police

area;

“risk associated with stalking” is to be read in accordance with

section 364B (5) .

364E

Content of orders

A stalking protection order must specify—

(a)

the date on which the order is made;

(b)

whether it has effect for a fixed period and, if it does, the length

of that period;

(c)

each prohibition or requirement that applies to the offender;

(d)

whether any prohibition or requirement is expressly limited

to a particular locality and, if it is, what the locality is;

(e)

whether any prohibition or requirement is subject to a fixed

period which differs from the period for which the order has

effect and, if it is, what that period is.

364F

Appeals

(1)

An appeal against the making of a stalking protection order may be

brought by the offender as if the order were a sentence passed on the

offender for an offence.

(2)

Where an application is made under section 364D for an order varying,

renewing or discharging a stalking protection order—

(a)

the person who made the application may appeal against a

refusal to make an order under that section ;

(b)

the offender may appeal against the making of an order under

section 364D on an application by a chief officer of police;

(c)

a relevant chief officer of police may appeal against the making

of an order under section 364D on an application by the

offender.

(3)

An appeal under subsection (2) is to be made—

(a)

to the Court of Appeal if the application under section 364D

was made to the Crown Court;

(b)

to the Crown Court in any other case.

(4)

On an appeal under this section, the court may make—

(a)

such orders as may be necessary to give effect to its

determination of the appeal, and

Page 86

(b)

such incidental or consequential orders as appear to it to be

appropriate.

(5)

A stalking protection order that has been confirmed, varied or renewed

on an appeal remains an order of the court that first made it.

(6)

In this section, “relevant chief officer of police” has the same meaning

as in section 364D .

364G

Offence of breaching stalking protection order

(1)

A person who, without reasonable excuse, breaches a stalking

protection order commits an offence.

(2)

A person who commits an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not

exceeding the general limit in a magistrates’ court, or a fine,

or both, or

(b)

on conviction on indictment, to imprisonment for a term not

exceeding 5 years, or a fine, or both.

(3)

If a person is convicted of an offence under this section , it is not open

to the court by or before which the person is convicted to make an

order under section 80 (conditional discharge).

(4)

In proceedings for an offence under this section , a copy of the original

stalking protection order, certified by the designated officer for the

court which made it, is admissible as evidence of its having been made

and of its contents to the same extent that oral evidence of those things

is admissible in those proceedings.

364H

Notification requirements

For provision imposing notification requirements on a person subject

to a stalking protection order, see the following provisions of the

Stalking Protection Act 2019—

(a)

section 9 (notification requirements);

(b)

section 10 (method of notification and related matters);

(c)

section 11 (offences relating to notification).”

(2)

In section 80 (3) of the Sentencing Code (list of circumstances where an order

for conditional discharge is not available)—

(a)

after paragraph (c) insert—

“(ca)

section 8 (4) of the Stalking Protection Act 2019 (breach

of stalking protection order);”;

(b)

after paragraph (e) insert—

“(ea)

section 364G (3) (breach of stalking protection order);”.

(3)

In the Stalking Protection Act 2019—

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(a)

in section 9 (notification requirements), at the end insert—

“(8)

In this section, references to a stalking protection order include

an order under section 364B of the Sentencing Code (power to

make stalking protection orders on conviction).”;

(b)

in section 10 (method of notification and related matters), after

subsection (3) insert—

“(3A)

In subsection (2), the reference to a stalking protection order

includes an order under section 364B of the Sentencing Code

(power to make stalking protection orders on conviction).”

Guidance about stalking

In the Protection from Harassment Act 1997 , after section 7 insert—

“7A

Guidance about stalking

(1)

The Secretary of State may issue guidance to such public authorities

in England and Wales as the Secretary of State considers appropriate

about—

(a)

the effect of any of sections 2A, 2B, 4A, 4B and 7,

(b)

the effect of any provision of the Stalking Protection Act 2019 ,

(c)

the effect of any provision of Chapter 3A of Part 11 of the

Sentencing Act 2022 (stalking protection orders), or

(d)

other matters relating to stalking.

(2)

The Secretary of State may revise any guidance issued under this

section .

(3)

Before issuing any guidance or revisions under this section the

Secretary of State must consult such persons as the Secretary of State

considers appropriate.

This does not apply to revisions the Secretary of State considers are

not substantial.

(4)

The Secretary of State must publish any guidance or revisions issued

under this section.

(5)

A public authority to whom guidance is given under this section must

have regard to it in the exercise of the authority’s public functions.

(6)

In this section, “public authority” means any person exercising public

functions, other than a court or tribunal.”

Guidance about the disclosure of information by police forces

In the Stalking Protection Act 2019 —

(a)

in section 12, in the heading, at the end insert “about police functions

under this Act”;

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(b)

after section 12, insert—

“12A

Guidance about the disclosure of information by police forces

(1)

The Secretary of State may—

(a)

issue guidance to chief officers of police about the

disclosure of police information for the purpose of

protecting persons from risks associated with stalking;

(b)

revise any guidance issued under this section.

(2)

A chief officer of police must have regard to any guidance

issued under this section.

(3)

Before issuing any guidance or revisions under this section,

the Secretary of State must consult—

(a)

the National Police Chiefs’ Council, and

(b)

such other persons as the Secretary of State considers

appropriate.

This does not apply to revisions the Secretary of State considers

are not substantial.

(4)

The Secretary of State must publish any guidance or revisions

issued under this section.

(5)

“Police information” means any information held by a police

force.”

Part 7

Other provision for the protection of persons

Administering etc harmful substances (including by spiking)

In the Offences Against the Person Act 1861—

(a)

omit section 22 (using chloroform etc) and section 23 (maliciously

administering poison etc);

(b)

for section 24 substitute—

“24

Administering etc harmful substances (including by spiking)

(1)

A person commits an offence if—

(a)

unlawfully, the person administers a harmful substance

to, or causes a harmful substance to be administered to

or taken by, another person, and

(b)

the person does so with intent to injure, aggrieve or

annoy the other person.

(2)

In this section “harmful substance” means any poison or other

destructive or noxious thing.

(3)

A person who commits an offence under this section is liable—

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(a)

on summary conviction in England and Wales, to

imprisonment for a term not exceeding the general limit

in a magistrates’ court or a fine (or both);

(b)

on summary conviction in Northern Ireland, to

imprisonment for a term not exceeding 6 months or a

fine not exceeding the statutory maximum (or both);

(c)

on conviction on indictment, to imprisonment for a term

not exceeding 10 years or a fine (or both).”;

(c)

omit section 25 (alternative verdicts).

Encouraging or assisting serious self-harm

(1)

A person (D) commits an offence if—

(a)

D does an act capable of encouraging or assisting the serious self-harm

of another person, and

(b)

the act is intended to encourage or assist the serious self-harm of

another person.

(2)

The other person mentioned in subsection (1) (a) or (b) need not be a specific

person (or class of persons) known to or identified by D.

(3)

An offence under this section may be committed whether or not serious

self-harm of a person occurs.

(4)

For the purposes of this section—

“act” includes any conduct except conduct consisting only of one or more

omissions (and a reference to the doing of an act is to be read

accordingly);

“encouraging” : a reference to encouraging the serious self-harm of a

person includes doing so by putting pressure on a person to seriously

self-harm (whether by threatening them or otherwise);

“serious self-harm” of a person occurs where their conduct results in

self-harm to them that is grievous bodily harm (within the meaning

of the Offences Against the Person Act 1861).

(5)

A person who commits an offence under this section is liable—

(a)

on summary conviction in England and Wales, to imprisonment for

a term not exceeding the general limit in a magistrates’ court or a fine

(or both);

(b)

on summary conviction in Northern Ireland, to imprisonment for a

term not exceeding 6 months or a fine not exceeding the statutory

maximum (or both);

(c)

on conviction on indictment, to imprisonment for a term not exceeding

5 years or a fine (or both).

Encouraging or assisting serious self-harm: supplementary

(1)

Where—

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(a)

a person (D1) arranges for another person (D2) to do an act that is

capable of encouraging or assisting the serious self-harm of another

person, and

(b)

D2 does that act,

D1 is to be treated for the purposes of section 74 as also having done it.

(2)

Where an act done by a person (D) is not capable of encouraging or assisting

the serious self-harm of another person, it is to be treated for the purposes

of section 74 and this section as being so capable if the act would have been

so capable—

(a)

had the facts been as D believed them to be at the time of the act, or

(b)

had subsequent events happened in the manner D believed they would

happen,

(or both).

(3)

The provider of an internet service is not to be regarded as doing an act

within section 74 (1) by reason only of providing the internet service by which

a communication is sent, transmitted or published.

(4)

Section 74 (4) applies for the purposes of this section.

(5)

In consequence of the provision made by section 74 and this section, section

184 of the Online Safety Act 2023 (including the italic heading before that

section) is repealed.

Child abduction

(1)

The Child Abduction Act 1984 is amended as set out in subsections (2) to (4) .

(2)

In section 1 (offence of abduction of child by parent etc)—

(a)

after subsection (1) insert—

“(1A)

Subject to subsections (5) and (8), a person connected with a

child under the age of sixteen commits an offence if—

(a)

the child is taken or sent out of the United Kingdom

with the appropriate consent, and

(b)

at any time after the child is taken or sent, the person

detains the child outside the United Kingdom without

the appropriate consent.”;

(b)

in subsection (4) —

(i)

in the words before paragraph (a) , after “United Kingdom”

insert “, or by detaining a child outside the United Kingdom,”;

(ii)

in each of paragraphs (a) and (b) , after “United Kingdom”

insert “, or detains the child outside the United Kingdom,”;

(c)

in subsection (4A) , after “United Kingdom” insert “, or detaining the

child outside the United Kingdom,”;

(d)

in subsection (5A) , in paragraph (b) after “out of the United Kingdom”

insert “, or detaining the child outside the United Kingdom,”.

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(3)

In section 11 (consequential amendments and repeals), in subsection (3) for

“section 1 above” substitute “section 1(1) above”.

(4)

In the Schedule (modifications of section 1 for children in certain cases), in

each of the following provisions after “subsection (1)” insert “or (1A)”—

(a)

paragraph 1 (2) (a) ;

(b)

paragraph 2 (2) (a) ;

(c)

paragraph 3 (2) (a) .

(5)

The amendments made by this section apply only in cases where the taking

or sending of the child out of the United Kingdom takes place on or after the

date on which this section comes into force.

Safeguarding vulnerable groups: regulated activity

(1)

Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (regulated activity)

is amended as follows.

(2)

In paragraph 1 omit—

(a)

in sub-paragraph (2A)(b), the words “(disregarding paragraph 2(3A)

and (3B)(b))”;

(b)

in sub-paragraph (2B)—

(i)

in paragraph (a)(ii), the words “(disregarding paragraph 2(3A)

and (3B)(b))”;

(ii)

paragraph (b) and the “or” immediately before it;

(c)

sub-paragraph (2C);

(d)

sub-paragraph (15).

(3)

In paragraph 2 omit—

(a)

sub-paragraph (3A);

(b)

in sub-paragraph (3B), paragraph (b) and the “and” immediately before

it;

(c)

sub-paragraph (3C).

(4)

Omit paragraph 5A and the italic heading before it.

Part 8

Prevention of theft and fraud

Electronic devices for use in vehicle offences

Electronic devices for use in vehicle offences

(1)

It is an offence to possess an electronic device in circumstances which give

rise to a reasonable suspicion that the device will be used in connection with

a relevant offence.

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(2)

It is an offence to import, make, adapt, supply or offer to supply an electronic

device in circumstances which give rise to a reasonable suspicion that the

device will be used in connection with a relevant offence.

(3)

It is a defence for a person charged with an offence under this section to

show that the person did not intend or suspect that the device would be used

in connection with a relevant offence.

(4)

In proceedings for an offence under this section, if it is proved that an

electronic device—

(a)

was on any premises at the same time as the accused, or

(b)

was on premises of which the accused was the occupier or which the

accused habitually used otherwise than as a member of the public,

the court may assume that the accused possessed the electronic device, unless

the accused shows that they did not know of its presence on the premises or

that they had no control over it.

(5)

In this section “relevant offence” means—

(a)

in England and Wales—

(i)

an offence under section 1 of the Theft Act 1968 of theft of a

conveyance (as defined by section 12 of that Act) or anything

in a conveyance, or

(ii)

an offence under section 12 of that Act (taking vehicle or other

conveyance without authority);

(b)

in Scotland—

(i)

theft of a vehicle, vessel or aircraft constructed or adapted for

use for transporting one or more persons or of anything in

such a vehicle, vessel or aircraft, or

(ii)

an offence under section 178 of the Road Traffic Act 1988

(taking motor vehicle without authority);

(c)

in Northern Ireland—

(i)

an offence under section 1 of the Theft Act (Northern Ireland)

1969 of theft of a conveyance (as defined by section 12 of that

Act) or anything in a conveyance, or

(ii)

an offence under section 12 of that Act (taking vehicle or other

conveyance without authority).

(6)

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

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);

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(d)

on conviction on indictment, to imprisonment for a term not exceeding

5 years or a fine (or both).

Section

(1)

Subsection (2) applies where—

(a)

in accordance with section 78 (3) , it is a defence for a person charged

with an offence to show a particular matter, or

(b)

in accordance with section 78 (4) , a court may make an assumption in

relation to a person charged with an offence unless the person shows

a particular matter.

(2)

A person is regarded as having shown the matter if—

(a)

sufficient evidence of the matter is adduced to raise an issue with

respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(3)

In the Proceeds of Crime Act 2002—

(a)

in Schedule 2 (lifestyle offences: England and Wales), in paragraph

9B (inserted by the Border Security, Asylum and Immigration Act

2025)—

(i)

in the heading, at the end insert “or vehicle offences”;

(ii)

the existing provision becomes sub-paragraph (1) of that

paragraph;

(iii)

after that sub-paragraph insert—

“(2)

An offence under section 78 of the Crime and Policing

Act 2025 (electronic devices for use in vehicle

offences).”;

(b)

in Schedule 4 (lifestyle offences: Scotland), in paragraph 9G (inserted

by the Border Security, Asylum and Immigration Act 2025)—

(i)

in the heading, at the end insert “or vehicle offences”;

(ii)

the existing provision becomes sub-paragraph (1) of that

paragraph;

(iii)

after that sub-paragraph insert—

“(2)

An offence under section 78 of the Crime and Policing

Act 2025 (electronic devices for use in vehicle

offences).”;

(c)

in Schedule 5 (lifestyle offences: Northern Ireland), in paragraph 9B

(inserted by the Border Security, Asylum and Immigration Act 2025)—

(i)

in the heading, at the end insert “or vehicle offences”;

(ii)

the existing provision becomes sub-paragraph (1) of that

paragraph;

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(iii)

after that sub-paragraph insert—

“(2)

An offence under section 78 of the Crime and Policing

Act 2025 (electronic devices for use in vehicle

offences).”

SIM farms

Possession of a SIM farm

(1)

A person who possesses a SIM farm commits an offence.

For the meaning of “SIM farm”, see section 82 .

(2)

It is a defence for a person charged with an offence under this section to

prove that the person had a good reason or lawful authority for possessing

the SIM farm.

(3)

In subsection (2) the reference to a good reason for possessing a SIM farm

includes in particular possessing it for a purpose connected with—

(a)

providing broadcasting services,

(b)

operating or maintaining a public transport service,

(c)

operating or maintaining an electronic communications network (as

defined by section 32 of the Communications Act 2003), or

(d)

tracking freight or monitoring it in any other way.

This subsection does not limit subsection (2) .

(4)

For the purposes of subsection (2) , where a person possesses a SIM farm in

order to supply it to another, the person has a good reason for possessing it

only if any supply would be in accordance with section 81 (2) (a) to (c) .

(5)

A person who commits an offence under this section is liable—

(a)

on summary conviction in England and Wales, to a fine;

(b)

on summary conviction in Scotland or Northern Ireland, to a fine not

exceeding level 5 on the standard scale.

Supply of a SIM farm

(1)

A person who supplies a SIM farm to another person commits an offence.

(2)

It is a defence for a person charged with an offence under this section (“the

supplier”) to prove—

(a)

that—

(i)

the supply was made in the course of a business carried on by

the supplier, or

(ii)

the supplier had a good reason or lawful authority for

possessing the SIM farm (before the supply was made),

(b)

that, before the supply was made, the supplier took reasonable steps

to satisfy themselves that the person to whom the SIM farm was to

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be supplied would have a good reason or lawful authority for

possessing it, and

(c)

that, before the supply was made, the supplier made a record of the

specified information relating to the supply.

(3)

In subsection (2) (a) (ii) the reference to a good reason or lawful authority for

possessing the SIM farm does not include possessing it for the purpose of

supplying it to another.

(4)

In subsection (2) (c) “the specified information” relating to the supply of a

SIM farm to a person (“the recipient”) means—

(a)

the date of the supply;

(b)

a description of the SIM farm;

(c)

the name of the recipient and, where the recipient is not an individual,

any company number or other registered number;

(d)

the address of the recipient and, where the recipient is not an

individual, the address of any registered office;

(e)

a description of the steps taken by the supplier to satisfy themselves

that the recipient would have a good reason or lawful authority for

possessing the SIM farm.

(5)

A person who commits an offence under this section is liable—

(a)

on summary conviction in England and Wales, to a fine;

(b)

on summary conviction in Scotland or Northern Ireland, to a fine not

exceeding level 5 on the standard scale.

(1)

In sections 80 and 81 , “SIM farm” means a device which is capable of using

five or more SIM cards simultaneously or interchangeably, for the purpose

of—

(a)

making telephone calls to persons at telephone numbers allocated in

accordance with national or international numbering plans, or

(b)

sending messages to, or receiving messages from, such telephone

numbers.

(2)

“SIM card” means a removable physical subscriber identity module.

(3)

A SIM card is “used” for the purpose of making a telephone call, or sending

or receiving a message, if the SIM card enables the service by which the call

or message is conveyed to be accessed.

(4)

The Secretary of State may by regulations amend this section (other than this

subsection).

(5)

Schedule 10 confers powers of entry etc in relation to offences under sections

80 and 81 and related inchoate offences.

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Other devices or software

Possession of specified article

(1)

A person who possesses a specified article commits an offence.

“Specified article” means an article specified in regulations under section 85 .

(2)

It is a defence for a person charged with an offence under this section to

prove that the person had a good reason or lawful authority for possessing

the specified article.

(3)

For the purposes of subsection (2) , where a person possesses a specified article

in order to supply it to another, the person has a good reason for possessing

it only if any supply would be in accordance with section 84 (2) (a) to (c) .

(4)

A person who commits an offence under this section is liable—

(a)

on summary conviction in England and Wales, to a fine;

(b)

on summary conviction in Scotland or Northern Ireland, to a fine not

exceeding level 5 on the standard scale.

Supply of specified article

(1)

A person who supplies a specified article to another person commits an

offence.

“Specified article” means an article specified in regulations under section 85 .

(2)

It is a defence for a person charged with an offence under this section (“the

supplier”) to prove—

(a)

that—

(i)

the supply was made in the course of a business carried on by

the supplier, or

(ii)

the supplier had a good reason or lawful authority for

possessing the specified article (before the supply was made),

(b)

that, before the supply was made, the supplier took reasonable steps

to satisfy themselves that the person to whom the specified article was

to be supplied would have a good reason or lawful authority for

possessing it, and

(c)

that, before the supply was made, the supplier made a record of the

specified information relating to the supply.

(3)

In subsection (2) (a) (ii) the reference to a good reason or lawful authority for

possessing the specified article does not include possessing it for the purpose

of supplying it to another.

(4)

In subsection (2) (c) “the specified information” relating to the supply of a

specified article to a person (“the recipient”) means—

(a)

the date of the supply;

(b)

a description of the specified article;

(c)

the name of the recipient and, where the recipient is not an individual,

any company number or other registered number;

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(d)

the address of the recipient and, where the recipient is not an

individual, the address of any registered office;

(e)

a description of the steps taken by the supplier to satisfy themselves

that the recipient would have a good reason or lawful authority for

possessing the specified article.

(5)

A person who commits an offence under this section is liable—

(a)

on summary conviction in England and Wales, to a fine;

(b)

on summary conviction in Scotland or Northern Ireland, to a fine not

exceeding level 5 on the standard scale.

Sections

(1)

The Secretary of State may by regulations specify articles for the purposes of

sections 83 and 84 .

(2)

An article may be specified only if the Secretary of State considers that there

is a significant risk of specified articles being used in connection with fraud

that is perpetrated by means of—

(a)

an electronic communications network, or

(b)

an electronic communications service.

(3)

Before making regulations under this section, the Secretary of State must

consult such persons appearing to the Secretary of State to be likely to be

affected by the regulations as the Secretary of State considers appropriate.

(4)

Schedule 10 confers powers of entry etc in relation to offences under sections

83 and 84 and related inchoate offences.

(5)

In this section—

“article” includes information in electronic form;

“electronic communications network” and “electronic communications

service” have the meaning given by section 32 of the Communications

Act 2003.

Part 9

Public Order

Offence of concealing identity at protests

(1)

A person commits an offence if the person is—

(a)

in a public place that is in a locality designated under section 87 , and

(b)

wearing or otherwise using an item that conceals their identity or

another person’s identity.

(2)

It is a defence for a person charged with an offence under this section to

prove that they wore or otherwise used the item for—

(a)

a purpose relating to the health of the person or others,

(b)

the purposes of religious observance, or

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(c)

a purpose relating to the person’s work.

(3)

Where the conduct described in subsection (1) takes place during the initial

period specified under section 87 (1) , a person commits the offence under this

section only if section 87 (2) has been complied with in relation to the

designation.

(4)

Where the conduct described in subsection (1) takes place during a further

period directed under section 87 (3) , a person commits the offence under this

section only if section 87 (4) has been complied with in relation to the

designation.

(5)

A person who commits an offence under this section is liable on summary

conviction to imprisonment for a term not exceeding one month or a fine not

exceeding level 3 on the standard scale (or both).

Concealing identity at protests: designating localities and giving notice

(1)

A constable whose rank is at least that of inspector may designate a locality

in England or Wales that is in their police area for a specified period not

exceeding 24 hours if they reasonably believe that—

(a)

a public assembly, or public procession, which constitutes a protest

may take place or is taking place in the locality,

(b)

the protest is likely to involve or has involved the commission of

offences, and

(c)

it is expedient, in order to prevent or limit the commission of offences,

to designate the locality under this section.

(2)

A constable who designates a locality under this section must ensure that all

reasonable steps are taken (by the constable or another person) to notify the

public of—

(a)

the fact that the designation has been made,

(b)

the nature of the offence created by section 86 ,

(c)

the locality to which the designation applies, and

(d)

the period during which the designation will be in force.

(3)

A constable whose rank is at least that of superintendent may direct that a

designation under this section is to continue in force for a further 24 hours

if it appears expedient to do so, having regard to offences which—

(a)

have been committed in connection with the protest in respect of

which the designation was made, or

(b)

are reasonably suspected to have been so committed.

(4)

A constable who directs that a designation under this section is to continue

in force must ensure that all reasonable steps are taken (by the constable or

another person) to notify the public of—

(a)

the fact that the designation will continue in force, and

(b)

the matters set out in paragraphs (b) , (c) and (d) of subsection (2) .

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(5)

The reference to a “police area” in subsection (1) , so far as it relates to a

designation of a locality by—

(a)

a member of the British Transport Police Force, has effect as if that

reference were a reference to a place within section 31(1)(a) to (f) of

the Railways and Transport Safety Act 2003;

(b)

a member of the Ministry of Defence Police, has effect as if that

reference were a reference to a place to which section 2(2) of the

Ministry of Defence Police Act 1987 applies.

(6)

This section does not limit any other power of a constable; and, in particular,

it does not affect when an authorisation under section 60AA of the Criminal

Justice and Public Order Act 1994 (powers to require removal of disguises)

may be given.

Concealing identity at protests: procedure for designations etc

(1)

A constable—

(a)

whose rank is that of inspector, and

(b)

who designates a locality under section 87 ,

must ensure that a constable whose rank is at least that of superintendent is

informed (by the inspector or another person) of the designation as soon as

reasonably practicable.

(2)

A designation under section 87 —

(a)

must be in writing and signed by the constable who made it, and

(b)

must specify—

(i)

the grounds on which it is made,

(ii)

the locality to which it applies, and

(iii)

the period during which it will be in force.

(3)

Where it is not reasonably practicable for a designation under section 87 to

be made in writing, an oral designation may be made instead provided—

(a)

the constable making it states the matters which would otherwise have

to be specified under subsection (2) , and

(b)

the designation is recorded in writing as soon as reasonably practicable.

(4)

A direction under section 87 (3) must be given in writing or, where that is not

reasonably practicable, recorded in writing as soon as reasonably practicable.

Possession of pyrotechnic articles at protests

(1)

It is an offence for a person to have a pyrotechnic article in their possession

at any time when they are taking part in—

(a)

a public procession which constitutes a protest,

(b)

a public assembly which constitutes a protest, or

(c)

a one-person protest.

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(2)

But no offence is committed if the person is taking part in a cultural or

religious event of a kind at which pyrotechnic articles are customarily used.

(3)

It is a defence for a person charged with an offence under this section to

show that they had a reasonable excuse for having the pyrotechnic article in

their possession at the material time.

(4)

In particular, it is a defence for a person charged with an offence under this

section to show that they had the pyrotechnic article in their possession at

the material time for use in connection with work.

(5)

A person is taken to have shown the fact mentioned in subsection (3) or (4)

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.

(6)

A person who commits an offence under this section is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

(7)

In this section “pyrotechnic article” means an article that contains explosive

substances, or an explosive mixture of substances, designed to produce heat,

light, sound, gas or smoke, or a combination of such effects, through

self-sustained exothermic chemical reactions, other than—

(a)

a match, or

(b)

an article specified, or of a description specified, in regulations made

by the Secretary of State.

War memorials

(1)

A person who climbs on a specified war memorial commits an offence.

(2)

It is a defence for a person charged with an offence under this section to

prove that they—

(a)

had a good reason for climbing on the specified war memorial,

(b)

were the owner or occupier of the specified war memorial, or

(c)

had the consent of the owner or occupier of the specified war

memorial, or other lawful authority, to climb on it.

(3)

In this section “specified war memorial” means—

(a)

a war memorial specified in Part 1 of Schedule 11 , or

(b)

a part of a war memorial specified in Part 2 of Schedule 11 .

(4)

The Secretary of State may by regulations amend Schedule 11 .

(5)

A person who commits an offence under this section is liable on summary

conviction to imprisonment for a term not exceeding 3 months or a fine not

exceeding level 3 on the standard scale (or both).

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Interpretation of Part

In this Part—

“one-person protest” has the meaning given by section 14ZA(4) of the

Public Order Act 1986;

“public assembly” means—

(a)

a public assembly as defined by section 16 of that Act, or

(b)

an assembly of two or more persons in a public place within

any of paragraphs (a) to (f) of section 31(1) of the Railways

and Transport Safety Act 2003;

“public place” has the meaning given by section 16 of the Public Order

Act 1986;

“public procession” has the meaning given by that section.

Part 10

Powers of police etc

Power to suspend IP addresses etc

Suspension of internet protocol addresses and internet domain names

Schedule 12 makes provision about IP address suspension orders and domain

name suspension orders.

Powers in respect of stolen goods

Electronically tracked stolen goods: search without warrant

(1)

In the Theft Act 1968, in the heading of section 26 after “goods” insert “with

warrant”.

(2)

In the Theft Act 1968, after section 26 insert—

“26A

Electronically tracked stolen goods: search without warrant

(1)

A constable whose rank is at least that of inspector (a “senior officer”)

may authorise a constable to—

(a)

enter specified premises, and

(b)

search the specified premises for specified items.

(2)

A senior officer may give an authorisation under subsection (1) only

if satisfied that—

(a)

there are reasonable grounds to believe that—

(i)

the specified items are stolen goods,

(ii)

the specified items are on the specified premises, and

(iii)

it is not reasonably practicable to obtain a warrant for

the entry and search (under section 26 or another

Page 102

enactment) without frustrating or seriously prejudicing

its purpose, and

(b)

there is electronic tracking data indicating that the specified

items (or any of them) are, or have at some time since they are

believed to have been stolen been, on the specified premises.

(3)

An authorisation may be given orally or in writing.

(4)

As soon as reasonably practicable after giving the authorisation, the

senior officer must record in writing—

(a)

if the authorisation was given orally, the authorisation, and

(b)

in any case, the officer’s reasons for being satisfied as

mentioned in subsection (2) .

(5)

The powers conferred by an authorisation under subsection (1) may

be exercised only—

(a)

by a constable in uniform,

(b)

before the end of the 24 hour period beginning with the time

the authorisation is given, and

(c)

at a reasonable hour (unless it appears to the constable that

exercising them at a reasonable hour may frustrate or seriously

prejudice the purpose of exercising them).

(6)

The power of search conferred by an authorisation under subsection

(1) is exercisable only to the extent that is reasonably required for the

purpose of searching the specified premises for the specified items.

(7)

Where the occupier of the specified premises is present at the time

the constable seeks to enter and search them, the constable must—

(a)

identify themselves to the occupier, and

(b)

state the purpose for which they are entering and searching

the premises.

(8)

In this section “electronic tracking data” means information as to the

location, determined by electronic means, of an item.

26B

Seizure on search under section

(1)

Where a constable is lawfully on premises in exercise of the powers

conferred by an authorisation under section 26A (1) , this section applies

instead of section 19 of the Police and Criminal Evidence Act 1984

(general power of seizure).

(2)

The constable may seize anything which is on the specified premises

(whether or not it is a specified item) if the constable has reasonable

grounds to believe—

(a)

that it is stolen goods, and

(b)

that it is necessary to seize it in order to prevent it being

concealed, lost, damaged, altered or destroyed.

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(3)

The constable may seize anything which is on the specified premises

(whether or not it is a specified item) if the constable has reasonable

grounds to believe—

(a)

that it is evidence in relation to an offence of theft which the

constable is investigating or any other offence of theft, and

(b)

that it is necessary to seize it in order to prevent the evidence

being concealed, lost, damaged, altered or destroyed.

(4)

As soon as reasonably practicable after exercising a power of seizure

conferred by this section, the constable must record in writing—

(a)

the grounds on which the power was exercised, and

(b)

the items seized.

26C

Sections

(1)

The powers conferred by virtue of sections 26A and 26B do not include

powers to search for or seize—

(a)

items subject to legal privilege,

(b)

excluded material, or

(c)

special procedure material.

(2)

A constable may use reasonable force, if necessary, in the exercise of

a power conferred by virtue of section 26A or 26B .

(3)

In sections 26A and 26B “specified” means specified in an authorisation

under section 26A (1) .

(4)

Sections 26A and 26B are to be construed in accordance with section

24.

(5)

In sections 26A to 26C the following expressions have the same

meaning as in the Police and Criminal Evidence Act 1984—

“excluded material” (see section 11 of that Act);

“items subject to legal privilege” (see section 10 of that Act);

“premises” (see section 23 of that Act);

“special procedure material” (see section 14 of that Act).”

(3)

In Schedule 1 to the Criminal Justice and Police Act 2001 (seizure powers to

which certain provisions apply), in each of paragraphs 10 and 92—

(a)

for “power” substitute “powers”;

(b)

for “section 26(3)” substitute “sections 26(3) and 26B ”.

Page 104

Electronically tracked stolen goods: search without warrant (armed forces)

In the Armed Forces Act 2006, after section 93 insert—

“93ZA

Electronically tracked stolen goods: search without warrant

(1)

A service policeman of at least the rank of naval lieutenant, military

or marine captain or flight lieutenant may authorise a service policeman

to—

(a)

enter specified premises which are relevant residential premises,

and

(b)

search the specified premises for specified items.

(2)

An officer may give an authorisation under subsection (1) only if

satisfied that—

(a)

there are reasonable grounds to believe that—

(i)

the specified items are stolen goods,

(ii)

the specified items are on the specified premises, and

(iii)

it is likely that the purpose of the search would be

frustrated or seriously prejudiced if no search could be

carried out before the time mentioned in subsection (3)

, and

(b)

there is electronic tracking data indicating that the specified

items (or any of them) are, or have at some time since they are

believed to have been stolen been, on the specified premises.

(3)

The time referred to in subsection (2) (a) (iii) is the earliest time by

which it would be practicable—

(a)

for a service policeman to obtain and execute a warrant under

section 83 authorising the entry and search of the premises, or

(b)

in a case where a member of a UK police force could obtain a

warrant under section 8 of PACE or any other enactment

authorising the entry and search of the premises, for a member

of such a force to obtain and execute such a warrant.

(4)

An officer may give an authorisation under subsection (1) orally or in

writing.

(5)

As soon as reasonably practicable after giving the authorisation the

officer must record in writing—

(a)

if the authorisation is given orally, the authorisation, and

(b)

in any case, the officer’s reasons for being satisfied as

mentioned in subsection (2) .

(6)

The powers conferred by an authorisation under subsection (1) may

be exercised only—

(a)

by a service policeman in uniform,

(b)

before the end of the 24 hour period beginning with the time

the authorisation is given, and

Page 105

(c)

at a reasonable hour (unless it appears to the service policeman

that exercising them at a reasonable hour may frustrate or

seriously prejudice the purpose of exercising them).

(7)

The power of search conferred by an authorisation under subsection

(1) is exercisable only to the extent that is reasonably required for the

purpose of searching the specified premises for the specified items.

(8)

Where the occupier of the specified premises is present at the time

the service policeman seeks to enter and search them, the service

policeman must—

(a)

identify themselves to the occupier, and

(b)

state the purpose for which they are entering and searching

the premises.

(9)

In this section “electronic tracking data” means information as to the

location, determined by electronic means, of an item.

93ZB

Seizure on search under section

(1)

This section applies where a service policeman is lawfully on relevant

residential premises in exercise of the powers conferred by an

authorisation under section 93ZA (1) .

(2)

The service policeman may seize anything which is on the specified

premises (whether or not it is a specified item) if the service policeman

has reasonable grounds to believe—

(a)

that it is stolen goods, and

(b)

that it is necessary to seize it in order to prevent it being

concealed, lost, damaged, altered or destroyed.

(3)

The service policeman may seize anything which is on the specified

premises (whether or not it is a specified item) if the service policeman

has reasonable grounds to believe—

(a)

that it is evidence in relation to—

(i)

an offence under section 42 which the service policeman

is investigating, or

(ii)

any other offence under section 42,

as respects which the corresponding offence under the law of

England and Wales is theft, and

(b)

that it is necessary to seize it in order to prevent the evidence

being concealed, lost, damaged, altered or destroyed.

(4)

The powers of seizure in subsections (2) and (3) include power to

require information which is stored in an electronic form and is

accessible from the premises to be produced in a form—

(a)

in which it can be taken away and which it is visible and

legible, or

Page 106

(b)

from which it can readily be produced in a visible and legible

form.

(5)

As soon as reasonably practicable after exercising a power of seizure

conferred by this section, the service policeman must record in

writing—

(a)

the grounds on which the power was exercised, and

(b)

the items seized.

93ZC

Sections

(1)

The powers conferred by sections 93ZA and 93ZB do not include

powers to search for or seize—

(a)

items subject to legal privilege,

(b)

excluded material, or

(c)

special procedure material.

(2)

In sections 93ZA and 93ZB “specified” means specified in an

authorisation under section 93ZA (1) .

(3)

Sections 93ZA and 93ZB are to be construed in accordance with section

24 of the Theft Act 1968, reading references in that section to blackmail

and fraud as including an offence under section 42 as respects which

the corresponding offence under the law of England and Wales is

blackmail or fraud.

(4)

In sections 93ZA and 93ZB the following expressions have the

meanings given by section 84—

“excluded material”

“items subject to legal privilege”

“relevant residential premises”

“special procedure material” .”

Access to driver licensing information

Access to driver licensing information

In the Criminal Justice and Court Services Act 2000 , for section 71 substitute—

“71

Access to driver licensing information

(1)

The Secretary of State may in accordance with this section make driver

licensing information available for use by authorised persons for

purposes relating to policing or law enforcement.

(2)

The Secretary of State must in regulations made for the purposes of

this section (“driver information regulations”) make provision about

the making available of driver licensing information under this section.

Page 107

(3)

Driver information regulations must specify the circumstances in which

information may be made available under this section.

(4)

Driver information regulations may in particular make provision—

(a)

specifying conditions that must be met for a person to be (or

remain) authorised to receive information under this section;

(b)

specifying conditions that must be met before information may

be made available under this section;

(c)

imposing requirements relating to the receipt and use of

information made available under this section;

(d)

restricting the kind of information that may be made available

to, or the purposes for which information may be used by,

specified descriptions of authorised persons;

(e)

about the purposes for which, and the circumstances in which,

information made available under this section may be further

disclosed (including provision about the persons to whom it

may be disclosed).

(5)

Before making driver information regulations, the Secretary of State

must consult—

(a)

the Scottish Ministers,

(b)

the Department of Justice in Northern Ireland,

(c)

the National Police Chiefs' Council,

(d)

such persons as appear to the Secretary of State to represent

the views of police and crime commissioners, and

(e)

such other persons as the Secretary of State considers

appropriate.

(6)

This section does not (and driver information regulations may not)

authorise a disclosure of information if the disclosure would contravene

the data protection legislation (but in determining whether a disclosure

would do so, take into account the power conferred by or under this

section).

(7)

In this section—

“authorised person” has the meaning given in section 71A ;

“data protection legislation” has the same meaning as in the Data

Protection Act 2018 (see section 3 of that Act);

“driver licensing information” means any information held, in

any form, by the Secretary of State for the purposes of Part 3

of the Road Traffic Act 1988 .

71A

(1)

In section 71 “authorised person” means a person specified in the first

column of the following table who is authorised by the person specified

in the corresponding entry in the second column of the table to receive

information under that section. Person

Page 108

Authorising officer

a constable

the person whose direction and

control the constable is under

a member of civilian police staff

the person whose direction and

control the member of civilian

police staff is under

a police volunteer designated

the chief officer of police whose

under section 38 of the Police

direction and control the police

Reform Act 2002

volunteer is under

a National Crime Agency officer

the Director General of the

National Crime Agency

a member, or a member of the

the Director General of the

staff, of the Independent Office

Independent Office of Police

of Police Conduct

Conduct

a member of the staff of the

the Police Investigations and

Police Investigations and Review

Review Commissioner

Commissioner

an officer of the Police

the Police Ombudsman for

Ombudsman for Northern Ireland

Northern Ireland

a member of a service police

the relevant Provost Marshal

force, or any other person who is

under the direction and control

of a Provost Marshal

a person appointed as an

the Service Police Complaints

investigating officer by, or a

Commissioner

member of the staff of, the

Service Police Complaints

Commissioner

Isle of Man

a member of the Isle of Man

the Chief Constable of the Isle of

Constabulary, or an employee of

Man Constabulary

the Isle of Man Public Services

Commission

an officer of customs and excise,

the Treasury Minister of the Isle

or an immigration officer, of the

of Man

Isle of Man

a member of staff of the Financial

the Director of the Financial

Intelligence Unit of the Isle of

Man

Jersey

a member of the States of Jersey

the Chief Officer of the States of

Police Force

Jersey Police Force

a deputy Agent of the Impôts, or

the Agent of the Impôts of the

an officer of the Impôts, of the

Bailiwick of Jersey

a member or employee of the

the Director of the Jersey

Jersey Financial Intelligence Unit

Financial Intelligence Unit

Guernsey

a member of the salaried police

the Chief Officer of the salaried

force of the Island of Guernsey,

police force of the Island of

or an employee of the States of

Guernsey

an officer of customs and excise,

the Chief Officer of Customs and

or an immigration officer, of the

Excise of the Bailiwick of

Bailiwick of Guernsey

Guernsey

a person authorised to exercise a

the Director of the Economic and

function of the Director of the

Financial Crime Bureau of the

Economic and Financial Crime

Bailiwick of Guernsey

Bureau of the Bailiwick of

Guernsey

a member of staff of the Financial

the Head of the Financial

Intelligence Unit of the Bailiwick

of Guernsey

Gibraltar

a member of the Royal Gibraltar

the Commissioner of the Royal

Police

Gibraltar Police

a member of the Gibraltar

the Chief Officer of the Gibraltar

Defence Police

a member of civilian staff in the

the person whose direction and

Gibraltar Defence Police

control the member of civilian

staff is under

(2)

In the table—

“member of civilian police staff” means a person who is not a

constable but who—

(a)

is—

Page 110

(i)

employed, or engaged to provide services, for

the purposes of a body of constables and,

(ii)

under the direction and control of a person who

has the direction and control of a body of

constables, or

(b)

is under the direction and control of the chief constable

of the Ministry of Defence Police;

“officer” , in relation to the Police Ombudsman for Northern

Ireland, means an officer of the Ombudsman within the

meaning of Part 7 of the Police (Northern Ireland) Act 1998

(see section 50 of that Act);

“relevant Provost Marshal” means—

(a)

in relation to a member of a service police force—

(i)

the Provost Marshal of that service police force,

(ii)

in the case of a member of the tri-service serious

crime unit described in section 375 (1A) of the

Armed Forces Act 2006 , the Provost Marshal for

serious crime;

(b)

in relation to any other person who is under the

direction and control of a Provost Marshal, that Provost

Marshall;

“service police force” has the same meaning as in the Armed

Forces Act 2006 (see section 375(1) of that Act).

71B

Code of practice about access to driver licensing information

(1)

The Secretary of State may issue a code of practice about the receipt

and use of information made available under section 71 .

(2)

The code may make different provision for different purposes or

different areas.

(3)

In preparing a code of practice, the Secretary of State must consult—

(a)

the Scottish Ministers,

(b)

the Department of Justice in Northern Ireland, and

(c)

such other persons as the Secretary of State considers

appropriate.

(4)

The Secretary of State may revise a code of practice issued under this

section; and subsection (3) applies in relation to revising a code as it

applies in relation to preparing a code.

(5)

The Secretary of State must lay before Parliament and publish any

code of practice issued or revised under this section.

(6)

Any person to whom information is made available under section 71

must have regard to any code of practice issued under this section.

Page 111

71C

Driver licensing information: annual report

(1)

The Secretary of State must in relation to each calendar year prepare

a report about the use of information made available under section

71 .

This is subject to subsection (3) (period to which first report relates).

(2)

The Secretary of State must publish each report before 1 July in the

year following the year to which the report relates.

(3)

The first report is to relate to the period beginning with the

commencement day and ending at the end of the year in which that

day falls.

(4)

In subsection (3) , “the commencement day” means the day on which

section 95 of the Crime and Policing Act 2025 comes into force.”

Drug testing in police detention

Testing of persons in police detention for presence of controlled drugs

(1)

The Police and Criminal Evidence Act 1984 is amended as set out in

subsections (2) to (4) .

(2)

In section 63B (testing for presence of Class A drugs), for “Class A” (in each

place it appears, including the heading) substitute “controlled”.

(3)

In section 63C (testing for presence of Class A drugs: supplementary)—

(a)

in the heading, for “Class A” substitute “controlled”;

(b)

for subsection (6) substitute—

“(6)

In section 63B —

(a)

“misuse” has the same meaning as in the Misuse of

Drugs Act 1971 ;

(b)

“specified controlled drug” means a controlled drug

(within the meaning of the Misuse of Drugs Act 1971

) specified in regulations made by the Secretary of State

by statutory instrument;

(c)

“trigger offence” means an offence specified in Schedule

2B .

(7)

In Schedule 2B , “specified controlled drug” has the same

meaning as in section 63B.

(8)

The Secretary of State may by regulations made by statutory

instrument amend Schedule 2B .

(9)

Regulations under this section—

(a)

may make different provision for different purposes or

different areas, and

(b)

may make transitional, transitory or saving provision.

Page 112

(10)

A statutory instrument containing regulations under subsection

(8) (whether alone or with other provision) may not be made

unless a draft of the instrument has been laid before and

approved by a resolution of each House of Parliament.

(11)

Any other statutory instrument containing regulations under

this section is subject to annulment in pursuance of a resolution

of either House of Parliament.”

(4)

After Schedule 2A insert the Schedule set out in Schedule 13 to this Act.

(5)

In Schedule 1 to the Bail Act 1976 (persons entitled to bail: supplementary

provisions), in Part 1 (defendants accused or convicted of imprisonable

offences), in paragraph 6B(1)(b)(i), for “Class A” substitute “controlled”.

(6)

In the Criminal Justice and Court Services Act 2000 —

(a)

in section 70 (interpretation, etc)—

(i)

in subsection (1) , omit the definition of “trigger offence”;

(ii)

omit subsections (2) and (4) ;

(b)

in section 76 (subordinate legislation), in subsection (5) (a) , for “, 57(5)

or 70(2)” substitute “or 57(5)”;

(c)

omit Schedule 6 (trigger offences).

Assessment of misuse of controlled drugs

(1)

The Drugs Act 2005 is amended as follows.

(2)

In section 9 (initial assessment following testing for presence of Class A drugs),

for “Class A” (in each place it appears, including the heading) substitute

“controlled”.

(3)

In section 10 (follow-up assessment), in subsection (4) , for “Class A” substitute

“controlled”.

(4)

In section 16 (samples submitted for further analysis), in subsection (1) (b)

, for “Class A” substitute “controlled”.

(5)

In section 17 (relationship with the Bail Act 1976 etc)—

(a)

for subsection (1) substitute—

“(1)

Subsection (1A) applies if a requirement is imposed on a person

by virtue of section 9(2) or 10(2) and at any time before the

person has fully complied with the requirement—

(a)

the person is charged with the related offence, and

(b)

a court imposes on the person a condition of bail under

section 3 (6D) of the Bail Act 1976 (duty to impose

condition to undergo relevant Class A drug assessment

etc).

(1A)

For the purposes of the requirement—

Page 113

(a)

section 9(3)(a) or 10(4) applies as if for “specified

controlled drug” there were substituted “specified

controlled drug that is not a Class A drug”, and

(b)

accordingly, the required initial or follow-up assessment

(and any care plan within the meaning of section 10(4))

is in respect of the person’s dependency upon or

propensity to misuse any specified controlled drug that

is not a Class A drug only.”;

(b)

in subsection (5) —

(i)

after “subsection (1)” insert “and (1A) ”;

(ii)

for “ceases to have effect” (in each place it appears) substitute

“is modified by subsection (1A) ”.

(6)

In section 19 (interpretation)—

(a)

in subsection (2) , after “drug”” insert “, “controlled drug””;

(b)

for subsection (3) substitute—

“(3)

“Specified controlled drug” means a controlled drug specified

in regulations under section 63C (6) (b) of PACE.”

Power to take additional sample

(1)

Section 63B of the Police and Criminal Evidence Act 1984 (testing for presence

of drugs) is amended as follows.

(2)

In subsection (1) , at the end insert—

“(d)

either a sample has not been taken from the person under this

section during the period of the person’s detention or the

additional sample condition is met.”

(3)

In subsections (1A) (b) and (2) (b) , for “sample to be taken” substitute “taking

of samples in accordance with this section”.

(4)

Before subsection (5) insert—

“(4C)

The additional sample condition is that one sample (only) has been

taken from the person under this section during the period of the

person’s detention but—

(a)

it was not suitable for the same means of analysis, or

(b)

it proved insufficient.”

(5)

In subsection (5) —

(a)

in the words before paragraph (a) , after “must” insert “, if no sample

has been taken from the person under this section during the period

of the person’s detention”;

(b)

in paragraph (a) , for “to do so” substitute “to give any sample which

may be taken under this section”.

(6)

In subsection (5B) —

(a)

in the words before paragraph (a) , omit the words from “no” to “but”;

Page 114

(b)

in paragraph (a) , for “that period” substitute “the same continuous

period of detention”.

Removal of power to continue detention

(1)

The Police and Criminal Evidence Act 1984 is amended as follows.

(2)

In section 37 (duties of custody officer before charge) omit subsections (8A)

and (8B) .

(3)

In section 38 (duties of custody officer after charge)—

(a)

in subsection (1) —

(i)

in paragraph (a) , omit sub-paragraph (iiia) ;

(ii)

in paragraph (b) , in sub-paragraph (i) omit the words from

“(but” to “age)”;

(b)

in subsection (2) omit the words from “but” to the end;

(c)

in subsection (6A) , omit the definition of “minimum age”.

100

Removal of notification conditions

(1)

In section 63B of the Police and Criminal Evidence Act 1984 (testing for

presence of drugs)—

(a)

in subsection (1) omit paragraph (c) ;

(b)

omit subsections (4A) and (4B) ;

(c)

in subsection (10) , omit the definition of “relevant chief officer”.

(2)

In section 7 of the Drugs Act 2005 (testing for presence of Class A drugs),

omit subsections (7) , (13) and (14) .

(3)

In section 9 of that Act (initial assessment)—

(a)

in subsection (1) —

(i)

at the end of paragraph (b) insert “and”;

(ii)

after paragraph (c) , for “, and” substitute “.”;

(iii)

omit paragraph (d) ;

(b)

omit subsections (5) to (7) .

(4)

In section 10 of that Act (follow-up assessment)—

(a)

in subsection (1) —

(i)

at the end of paragraph (a) insert “and”;

(ii)

after paragraph (b) , for “, and” substitute “.”;

(iii)

omit paragraph (c) ;

(b)

omit subsections (6) to (8) .

Page 115

Conditional cautions

101

Cautions given to persons having limited leave to enter or remain in UK

(1)

In section 22(3G) of the Criminal Justice Act 2003 (conditional cautions:

meaning of “relevant foreign offender”) before paragraph (a) insert—

“(za)

an offender who has limited leave to enter or remain in the

United Kingdom (within the meaning of the Immigration Act

1971),”.

(2)

In section 103(4) of the Police, Crime, Sentencing and Courts Act 2022

(diversionary cautions: meaning of “relevant foreign offender”) before

paragraph (a) insert—

“(za)

an offender who has limited leave to enter or remain in the

United Kingdom (within the meaning of the Immigration Act

1971),”.

Part 11

Proceeds of crime and other property connected with criminal behaviour

102

Confiscation

(1)

Schedule 14 makes provision about confiscation orders in England and Wales.

(2)

Schedule 15 makes provision about confiscation orders in Northern Ireland.

103

Proceedings for civil recovery: costs and expenses

(1)

After section 288 of the Proceeds of Crime Act 2002 insert—

“Proceedings for civil recovery: costs and expenses

288A

Costs orders and expenses orders

(1)

The court may not make an order that any costs or, in Scotland,

expenses of proceedings under this Chapter are payable by the

enforcement authority, unless—

(a)

the authority acted unreasonably in taking the proceedings,

making or opposing the application to which the proceedings

relate, or supporting or opposing the making of the order to

which the proceedings relate,

(b)

the authority acted dishonestly or improperly in the course of

the proceedings, or

(c)

it would be just and reasonable to make such an order, and

for this purpose it is not to be assumed that it is generally just

and reasonable for the unsuccessful party to pay.

Page 116

(2)

A reference in subsection (1) to proceedings under this Chapter

includes any appeal arising out of proceedings under this Chapter.”

(2)

The amendment made by subsection (1) does not apply in relation to costs

or, in Scotland, expenses incurred before the day on which this section comes

into force.

Part 12

Management of offenders

104

Extension of polygraph condition to certain offenders

(1)

Section 28 of the Offender Management Act 2007 (application of polygraph

condition) is amended as follows.

(2)

In subsection (1), after “applies” insert “(see subsections (2), (2A) and (2B))”.

(3)

After subsection (2) insert—

“(2A)

This section also applies to a person serving a relevant custodial

sentence in respect of an offence of murder who—

(a)

the Secretary of State considers poses a risk of committing a

relevant sexual offence on release,

(b)

is released on licence by the Secretary of State under any

enactment, and

(c)

is aged 18 or over on the day the person is released.

(2B)

This section also applies to a person serving a relevant custodial

sentence in respect of an offence who—

(a)

at any earlier time during that sentence was concurrently

serving a relevant custodial sentence in respect of a relevant

sexual offence,

(b)

is released on licence by the Secretary of State under any

enactment, and

(c)

is aged 18 or over on the day the person is released.”

(4)

In subsection (4A)—

(a)

omit the “or” before paragraph (c);

(b)

at the end of that paragraph insert “, or

“(d)

an offence within any of subsections (4BA) to (4BC)

which the Secretary of State is satisfied—

(i)

was, or took place in the course of, an act of

terrorism, or

(ii)

was committed for the purposes of terrorism.”

(5)

In subsection (4B), after paragraph (b) insert—

“(c)

in paragraph (d) “terrorism” has the same meaning as in the

Terrorism Act 2000 (see section 1 of that Act).”

Page 117

(6)

After subsection (4B) insert—

“(4BA)

An offence is within this subsection if—

(a)

it was committed before 18 June 2009,

(b)

it was punishable with imprisonment for more than 2 years,

and

(c)

it is not specified in Schedule A1 to the Sentencing Code (and,

in the case of a service offence, the corresponding offence is

not so specified).

(4BB)

An offence is within this subsection if—

(a)

it was committed on or after 18 June 2009 but before 29 June

2021,

(b)

it was punishable with imprisonment for more than 2 years,

(c)

it is not specified in Schedule A1 to the Sentencing Code,

(d)

it was not an offence in relation to which section 30 or 31 of

the Counter-Terrorism Act 2008 or section 69 of the Sentencing

Code applied (and was not an offence in relation to which

section 31 of the Counter-Terrorism Act 2008 would have

applied if paragraph (b) of subsection (1) of that section were

omitted), and

(e)

it is not a service offence.

(4BC)

An offence is within this subsection if—

(a)

it is a service offence,

(b)

it was committed on or after 18 June 2009 but before any day

specified for the coming into force of section 1 of the

Counter-Terrorism and Sentencing Act 2021 for the purposes

of section 69 of the Sentencing Code as applied by section 238

of the Armed Forces Act 2006,

(c)

it was punishable with imprisonment for more than 2 years,

(d)

it was not an offence in relation to which section 32 of the

Counter-Terrorism Act 2008 or section 69 of the Sentencing

Code applied, and

(e)

the corresponding offence is not specified in Schedule A1 to

the Sentencing Code.”

(7)

In subsection (4C) after “section” insert “(except subsections (4BA) to (4BC) )”.

(8)

In subsection (4D) for “subsection (4C)” substitute “subsections (4BA) to (4C)”.

105

Duty of offender to notify details

(1)

The Sentencing Code is amended as follows.

(2)

After section 97 insert—

“97A

Duty of offender to notify details to panel

(1)

This section applies where—

Page 118

(a)

a referral order has been made in relation to an offender and

has not been revoked or discharged, and

(b)

a youth offender contract has taken effect between the offender

and a youth offender panel.

(2)

The offender must notify the relevant member of the panel of—

(a)

each name which the offender uses but which was not

mentioned in the referral order, and

(b)

each of the offender’s telephone numbers and email addresses

(if any).

(3)

The offender must comply with subsection (2) in relation to a name,

telephone number or email address as soon as reasonably practicable

after the contract takes effect or the person first uses that name or

obtains that telephone number or email address.

(4)

An obligation under subsection (2) takes effect as if it were a term of

the youth offender contract.

(5)

The “relevant member” of the panel is the member of the panel who,

in accordance with arrangements made by the panel, is for the time

being responsible for receiving notifications under this section.

(6)

The relevant member of the panel must be someone who is also a

member of the specified youth offending team.

(7)

The panel must give the offender written notification of the name and

contact details of the relevant member of the panel.

(8)

This section applies in relation to referral orders made before (as well

as those made after) this section comes into force.”

(3)

In section 193 (youth rehabilitation orders: duty of offender to keep in touch

with responsible officer etc)—

(a)

in subsection (2), for paragraph (b) substitute—

“(b)

must notify the responsible officer of—

(i)

any name which the offender uses but which is

not mentioned in the youth rehabilitation order,

(ii)

each of the offender’s telephone numbers and

email addresses (if any), and

(iii)

any change of address.”;

(b)

after subsection (2) insert—

“(2A)

The offender must comply with subsection (2) (b) (i) and (ii) in

relation to a name, telephone number or email address as soon

as reasonably practicable after the order is made or the person

first uses that name or obtains that telephone number or email

address.”;

(c)

in subsection (3), for “This obligation” substitute “An obligation under

subsection (2)”;

Page 119

(d)

after that subsection insert—

“(4)

This section applies in relation to youth rehabilitation orders

made before (as well as those made after) section 105 of the

Crime and Policing Act 2025 comes into force.”

(4)

In section 215 (community orders: duty of offender to keep in touch with

responsible officer)—

(a)

in the heading, at the end insert “etc”;

(b)

for subsection (2) substitute—

“(2)

In the case of any community order (whenever the offender

was convicted), the offender—

(a)

must keep in touch with the responsible officer in

accordance with any instructions the responsible officer

may give the offender from time to time, and

(b)

must notify the responsible officer of—

(i)

any name which the offender uses but which is

not mentioned in the community order, and

(ii)

each of the offender’s telephone numbers and

email addresses (if any).

(2ZA)

The offender must comply with subsection (2) (b) in relation to

a name, telephone number or email address as soon as

reasonably practicable after the order is made or the person

first uses that name or obtains that telephone number or email

address.”;

(c)

in subsection (3) for “This obligation” substitute “An obligation under

this section”;

(d)

after that subsection insert—

“(4)

The obligations under subsection (2) apply in relation to

community orders made before (as well as those made after)

section 105 of the Crime and Policing Act 2025 comes into

force.”

(5)

In section 301 (suspended sentence orders: duty of offender to keep in touch

with responsible officer)—

(a)

in the heading at the end insert “etc”;

(b)

for subsection (2) substitute—

“(2)

In the case of any suspended sentence order (whenever the

offender was convicted) the offender—

(a)

must keep in touch with the responsible officer in

accordance with such instructions as the responsible

officer may give the offender from time to time, and

(b)

must notify the responsible officer of—

(i)

any name which the offender uses but which is

not mentioned in the suspended sentence order,

Page 120

(ii)

each of the offender’s telephone numbers and

email addresses (if any).

(2ZA)

The offender must comply with subsection (2) (b) in relation to

a name, telephone number or email address as soon as

reasonably practicable after the order is made or the person

first uses that name or obtains that telephone number or email

address.”;

(c)

in subsection (3) for “That obligation” substitute “An obligation under

this section”;

(d)

after that subsection insert—

“(4)

The obligations under subsection (2) apply in relation to

suspended sentence orders made before (as well as those made

after) section 105 of the Crime and Policing Act 2025 comes

into force.”

(6)

In consequence of the amendments made by this section, in section 149 of

the Police, Crime, Sentencing and Courts Act 2022 omit subsections (2)(d)

and (3)(d).

Part 13

The police

106

Accelerated investigation procedure in respect of criminal conduct

(1)

In paragraph 20 of Schedule 3 to the Police Reform Act 2002 (restrictions on

proceedings pending the conclusion of an investigation), in sub-paragraph

(1) , before paragraph (a) insert—

“(za)

a determination under paragraph 20ZA has been made in

respect of the investigation,”.

(2)

After paragraph 20 of that Schedule , insert—

“Accelerated procedure in special cases: criminal conduct

20ZA

(1)

At any time before the completion of an investigation of a complaint

or recordable conduct matter by the appropriate authority on its

own behalf, the appropriate authority may make a determination

that the conditions set out in sub-paragraphs (3) and (4) are satisfied

in respect of the investigation.

(2)

At any time before the completion of an investigation of a complaint

or recordable conduct matter by—

(a)

the appropriate authority under the direction of the Director

General, or

(b)

the Director General,

Page 121

the Director General may make a determination that the conditions

set out in sub-paragraphs (3) and (4) are satisfied in respect of the

investigation.

(3)

The first condition is that the investigation indicates that there is

sufficient evidence to provide a realistic prospect of conviction for

a criminal offence against a person (if any) to whose conduct the

investigation relates.

(4)

The second condition is that—

(a)

the circumstances are such that, in the opinion of the

appropriate authority (if sub-paragraph (1) applies) or the

Director General (if sub-paragraph (2) applies), it is

appropriate for the matters which are the subject of the

investigation to be considered by the Director of Public

Prosecutions, or

(b)

any matters dealt with by the investigation fall within a

prescribed category of matters.

(5)

For the purposes of sub-paragraph (4) (a) , the circumstances where

the appropriate authority or the Director General may form the

opinion that it is not appropriate for the matters which are the

subject of the investigation to be considered by the Director of Public

Prosecutions include circumstances where, in the opinion of the

appropriate authority or (as the case may be) Director General, it

is not in the public interest for the matters which are the subject of

the investigation to be considered by the Director of Public

Prosecutions.

(6)

In determining whether the conditions in sub-paragraphs (3) and

(4) are satisfied in respect of an investigation, the appropriate

authority or the Director General must have regard to the Code for

Crown Prosecutors issued under section 10 of the Prosecution of

Offences Act 1985 (insofar as the appropriate authority or, as the

case may be, Director General considers it relevant).

(7)

If the appropriate authority or the Director General makes a

determination under sub-paragraph (1) or (2) that the conditions in

sub-paragraphs (3) and (4) are satisfied in respect of an investigation,

they must give notice of their determination to—

(a)

the person to whose conduct the investigation relates,

(b)

where the investigation is of a complaint, the complainant

and every person entitled to be kept properly informed in

relation to the complaint under section 21,

(c)

where the investigation is of a recordable conduct matter,

every person entitled to be kept properly informed in relation

that matter under section 21, and

(d)

where the determination is made by the Director General,

the appropriate authority.”

Page 122

(3)

For the italic heading before paragraph 20A of that Schedule substitute—

“

(4)

The amendments made by this section do not apply in respect of an

investigation relating to a matter if, before the day on which this section

comes into force—

(a)

a complaint was made in respect of the matter, or

(b)

the matter came to the attention of the appropriate authority or the

Director General.

Here, “the appropriate authority” and “the Director General” have the meaning

given by section 29 of the Police Reform Act 2002 .

107

Conditions for notification of Director of Public Prosecutions of investigation

report

(1)

In paragraph 23 of Schedule 3 to the Police Reform Act 2002 (action by the

Director General of the IOPC in response to an investigation report under

paragraph 22 of that Schedule)—

(a)

for sub-paragraph (2A) substitute—

“(2A)

The first condition is that the report indicates that there is

sufficient evidence to provide a realistic prospect of

conviction for a criminal offence against a person (if any) to

whose conduct the investigation related.”;

(b)

after paragraph (2B) insert—

“(2C)

For the purpose of sub-paragraph (2B)(a), the circumstances

where the Director General may form the opinion that it is

not appropriate for the matters dealt with in the report to

be considered by the Director of Public Prosecutions include

circumstances where, in the opinion of the Director General,

it is not in the public interest for the matters dealt with in

the report to be considered by the Director of Public

Prosecutions.

(2D)

In determining whether the conditions set out in

sub-paragraphs (2A) and (2B) are satisfied in respect of the

report, the Director General must have regard to the Code

for Crown Prosecutors issued under section 10 of the

Prosecution of Offences Act 1985 (insofar as the Director

General considers it to be relevant).”

(2)

In paragraph 24 of that Schedule (action by appropriate authority in response

to an investigation report under paragraph 22 of that Schedule)—

(a)

for sub-paragraph (2A) substitute—

“(2A)

The first condition is that the report indicates that there is

sufficient evidence to provide a realistic prospect of

conviction for a criminal offence against a person (if any) to

whose conduct the investigation related.”

Page 123

(b)

after sub-paragraph (2B) insert—

“(2C)

For the purpose of sub-paragraph (2B)(a), the circumstances

where the appropriate authority may form the opinion that it

is not appropriate for the matters dealt with in the report to

be considered by the Director of Public Prosecutions include

circumstances where, in the opinion of the appropriate

authority, it is not in the public interest for the matters dealt

with in the report to be considered by the Director of Public

Prosecutions.

(2D)

In determining whether the conditions set out in

sub-paragraphs (2A) and (2B) are satisfied in respect of the

report, the appropriate authority must have regard to the Code

for Crown Prosecutors issued under section 10 of the

Prosecution of Offences Act 1985 (insofar as the appropriate

authority considers it to be relevant).”

(3)

In paragraph 25 of that Schedule (reviews with respect to an investigation)—

(a)

in sub-paragraph (4F) , for “a criminal offence may have been

committed by” substitute “there is sufficient evidence to provide a

realistic prospect of conviction for a criminal offence against”;

(b)

after sub-paragraph (4F) insert—

“(4FA)

For the purposes of sub-paragraph (4F)(a), the circumstances

where the relevant review body may form the opinion that

it is not appropriate for the matters dealt with in the report

to be considered by the Director of Public Prosecutions

include circumstances where, in the opinion of the relevant

review body, it is not in the public interest for the matters

dealt with in the report to be considered by the Director of

Public Prosecutions.

(4FB)

In making a determination under sub-paragraph (4F), the

relevant review body must have regard to the Code for

Crown Prosecutors issued under section 10 of the Prosecution

of Offences Act 1985 (insofar as the relevant review body

considers it to be relevant).”

(4)

The amendments made by this section do not apply in respect of an

investigation relating to a matter (or a report on, or a review relating to, such

an investigation) if, before the day on which this section comes into force—

(a)

a complaint was made in respect of the matter, or

(b)

the matter came to the attention of the appropriate authority or the

Director General.

Here, “the appropriate authority” and “the Director General” have the meaning

given by section 29 of the Police Reform Act 2002 .

Page 124

108

Duty of IOPC Director General to give victims right to request review

After paragraph 23 of Schedule 3 to the Police Reform Act 2002 insert—

“23A

(1)

This paragraph applies where—

(a)

the Director General proposes to make a determination under

paragraph 23(2)(b) that one or both of the conditions set out

in paragraph 23(2A) and (2B) are not satisfied in respect of

a report, and

(b)

during the course of the investigation to which the report

relates, a person (if any) to whose conduct the report relates

was informed that the investigation was being treated as

concerning conduct in respect of which the person may be

prosecuted for a criminal offence.

(2)

The Director General must—

(a)

take such steps as the Director General considers reasonable

to give to every relevant victim (or a person acting on such

a victim’s behalf) the opportunity to request, within the

relevant period, that the Director General reviews their

proposed determination, and

(b)

if such a request is made within the relevant period, so

review their proposed determination before making a

determination under paragraph 23(2)(b).

(3)

In this paragraph—

“the relevant period” means the period that the Director General

considers to give a relevant victim a reasonable opportunity

to request that the Director General reviews their proposed

determination;

“relevant victim” means a person—

(a)

whom the Director General treats as a victim in

relation to an alleged criminal offence constituted by

conduct—

(i)

of the person mentioned in sub-paragraph

(1) (b) , and

(ii)

to which the report relates, and

(b)

to whom the Director General considers it appropriate

to give the opportunity mentioned in sub-paragraph

(2) (a) .”

109

Appeals to police appeals tribunals

(1)

Part 4 of the Police Act 1996 (complaints, disciplinary proceedings etc) is

amended as set out in subsections (2) to (8) .

(2)

In section 85 (appeals against dismissal etc)—

(a)

in the heading, for “dismissal etc.” substitute “decisions made in

disciplinary and other proceedings”;

Page 125

(b)

after subsection (1) insert—

“(1A)

The Secretary of State may by rules make provision enabling

a chief officer of police for a police area to appeal to a police

appeals tribunal against a decision made in proceedings relating

to—

(a)

a member or former member of the police force

maintained for that area, or

(b)

a special constable or former special constable appointed

for that area.

(1B)

The Secretary of State may by rules make provision enabling

a local policing body to appeal to a police appeals tribunal

against a decision made in proceedings relating to—

(a)

the chief officer of police of the police force for which

the body is responsible, or

(b)

any former chief officer of police of that police force.

(1C)

The Secretary of State may by rules make provision enabling

the Director General of the Independent Office for Police

Conduct to appeal to a police appeals tribunal against a

decision made in proceedings at which the Director General

presented the case.”;

(c)

in subsection (2) , for “appellant” substitute “person to whom the appeal

relates”.

(3)

Schedule 6 (appeals to police appeals tribunals) is amended as set out in

subsections (4) to (8) .

(4)

In paragraph 1 (1) (constitution of police appeals tribunals: senior officers),

for “by”, in the first place it occurs, substitute “relating to”.

(5)

In paragraph 2 (1) (constitution of police appeals tribunals: persons other than

senior officers), for “by”, in the first place it occurs, substitute “relating to”.

(6)

In paragraph 7 (orders of police appeals tribunals)—

(a)

in sub-paragraph (1) at the end insert—

“But this is subject to sub-paragraph (4).”;

(b)

in sub-paragraphs (2) and (3) , for “appellant” substitute “person to

whom the appeal relates”;

(c)

at the end insert—

“(4)

In a case where—

(a)

on the determination of an appeal the tribunal makes

an order the effect of which is to dismiss the person to

whom the appeal relates, and

(b)

the decision that is the subject of the appeal had not

been a decision to dismiss the person,

the order takes effect on the date on which it is made.”

Page 126

(7)

For paragraph 9 (including the italic heading before it) substitute—

“Parties’ costs: appeals by officer concerned

(1)

This paragraph applies in the case of an appeal by and relating to—

(a)

a member or former member of a police force, or

(b)

a special constable or former special constable.

(2)

The appellant’s costs are to be paid by the appellant unless the

police appeals tribunal directs that the whole or any part of those

costs are to be paid by the respondent.

(3)

The respondent’s costs are to be paid by the respondent.

Parties’ costs: appeals by chief officer of police or local policing body

(1)

This paragraph applies in the case of an appeal by—

(a)

a chief officer of police (except where the chief officer of

police is the person to whom the appeal relates), or

(b)

a local policing body.

(2)

The appellant’s costs are to be paid by the appellant.

(3)

The respondent’s costs are to be paid by the respondent unless the

police appeals tribunal directs that the whole or any part of those

costs are to be paid by the appellant.

Parties’ costs: appeals by IOPC

(1)

This paragraph applies in the case of an appeal by the Director

General of the Independent Office for Police Conduct (“the Director

General”).

(2)

The Director General’s costs are to be paid by the Director General

unless—

(a)

the police appeals tribunal directs that the whole or any part

of those costs are to be paid by the appropriate authority,

(b)

sub-paragraph (3) applies.

(3)

The Director General’s costs are to be paid by the appropriate

authority where the decision appealed against was made in

proceedings—

(a)

which the Director General directed the appropriate authority

to bring, and

(b)

at which the appropriate authority and the Director General

agreed that the Director General should present the case.

(4)

The respondent’s costs are to be paid by the respondent unless the

police appeals tribunal directs that the whole or any part of those

costs are to be paid by the Director General.

(5)

In this paragraph “appropriate authority” means—

Page 127

(a)

where the person to whom the appeal relates is or was a

chief officer of police, the local policing body which brought

the proceedings in which the decision appealed against was

made;

(b)

in any other case, the chief officer of police who brought the

proceedings in which the decision appealed against was

made.

Other costs of appeals

(1)

The costs and expenses of an appeal under or by virtue of section

85, other than the appellant’s costs or the respondent’s costs, are to

be met out of the police fund of the relevant local policing body.

(2)

In sub-paragraph (1) , the reference to the costs and expenses of an

appeal includes any remuneration or expenses paid by virtue of

paragraph 8.”

(8)

In paragraph 10 , in paragraphs (b) and (ba) , for “appellant”, in each place it

occurs, substitute “person to whom the appeal relates”.

(9)

In the Ministry of Defence Police Act 1987 , in section 4A (appeals against

dismissal etc)—

(a)

in subsection (1) , after paragraph (a) insert—

“(aa)

make provision enabling the chief constable of the

Ministry of Defence Police to appeal to a police appeals

tribunal against a decision relating to—

(i)

a member of the Ministry of Defence Police other

than a senior officer, or

(ii)

a former member of the Ministry of Defence

Police who immediately before ceasing to be

such a member was not a senior officer;

(ab)

make provision enabling the Secretary of State to appeal

to a police appeals tribunal against a decision relating

to—

(i)

a senior officer of the Ministry of Defence Police,

(ii)

a former member of the Ministry of Defence

Police who immediately before ceasing to be

such a member was a senior officer;

(ac)

make provision enabling the Director General of the

Independent Office for Police Conduct to appeal to a

police appeals tribunal against a decision made in

proceedings at which the Director General presented

the case;

(ad)

make provision enabling the Police Ombudsman for

Northern Ireland to appeal to a police appeals tribunal

Page 128

against a decision made in proceedings at which the

Ombudsman presented the case;”;

(b)

in subsection (2) , for “appellant” substitute “person to whom the appeal

relates”;

(c)

after subsection (4) insert—

“(4A)

Regulations under this section may provide for decisions

relating to appeals which would otherwise fall to be taken by

the Secretary of State or the chief constable of the Ministry of

Defence Police to be taken instead by—

(a)

a person appointed in accordance with the regulations;

(b)

the Ministry of Defence Police Committee.”

(d)

in subsection (7) , at the end insert—

““senior officer” has the same meaning as in section 4.”

Part 14

Terrorism and national security

Chapter 1

Youth diversion orders

Power to make orders

110

Power to make youth diversion orders

(1)

A chief officer of police may apply to an appropriate court for an order under

this section (a “youth diversion order”) in respect of a person (“the

respondent”) who—

(a)

in England or Wales or Northern Ireland, is aged 10 or over but under

the age of 21;

(b)

in Scotland, is aged 12 or over but under the age of 21.

(2)

On an application the court may make a youth diversion order in respect of

the respondent if—

(a)

the court is satisfied on the balance of probabilities that—

(i)

the respondent has committed a terrorism offence,

(ii)

the respondent has committed an offence with a terrorist

connection, or

(iii)

the respondent has engaged in conduct likely to facilitate the

commission (by the respondent or anyone else) of a terrorism

offence, and

(b)

the court considers it necessary to make the order for the purpose of

protecting members of the public from a risk of terrorism or other

serious harm (see section 111 ).

Page 129

(3)

In this section—

“appropriate court” means—

(a)

in England and Wales or Northern Ireland—

(i)

a youth court, if the respondent is under the age of 18

when the application is made;

(ii)

a magistrates’ court in any other case;

(b)

in Scotland, a sheriff court;

“offence with a terrorist connection” means an offence within section

42(1) of the Counter-Terrorism Act 2008;

“terrorism offence” means—

(a)

an offence listed in section 41(1) of the Counter-Terrorism Act

2008, or

(b)

an ancillary offence (within the meaning of section 94 of that

Act) in relation to an offence so listed.

(4)

In this Chapter—

“chief officer of police” means—

(a)

in England and Wales, the chief officer of police of a police

force in England and Wales;

(b)

in Scotland, the chief constable of the Police Service of Scotland;

(c)

in Northern Ireland, the chief constable of the Police Service

of Northern Ireland;

“police area” means—

(a)

in relation to England and Wales, a police area as defined by

section 101(1) of the Police Act 1996,

(b)

Scotland, or

(c)

Northern Ireland;

“the public” means the public in any part of the world;

“the respondent” has the same meaning as in subsection (1) ;

“terrorism” has the meaning given by section 1 of the Terrorism Act

2000;

“youth diversion order” has the same meaning as in subsection (1) .

111

Meaning of “serious harm”

(1)

In this Chapter “serious harm” means harm from—

(a)

conduct that—

(i)

involves serious violence against a person,

(ii)

endangers a person’s life, other than that of the person

engaging in the conduct, or

(iii)

creates a serious risk to the health or safety of the public or a

section of the public, or

(b)

the threat of such conduct.

Page 130

(2)

For this purpose, a reference to conduct or a person is to conduct or a person

in any part of the world.

(3)

See also section 110 (4) (which provides that “the public” means the public in

any part of the world).

Content of orders

112

Content of youth diversion orders

(1)

A youth diversion order may—

(a)

prohibit the respondent from doing anything described in the order;

(b)

require the respondent to do anything described in the order.

The order may in particular contain provision of a kind mentioned in

subsection (2) or (3) .

(2)

An order may contain prohibitions or requirements relating to any of the

following—

(a)

the persons with whom the respondent associates or communicates;

(b)

the way in which the person communicates or associates with others;

(c)

the respondent’s possession or use of electronic devices (including the

possession or use of devices with anything described in the order

installed on them).

(3)

An order may—

(a)

require the respondent to attend appointments or participate in

activities;

(b)

require the respondent to provide information;

(c)

contain curfew requirements.

(4)

A court may include a prohibition or requirement only if it considers it

necessary for the purpose of protecting members of the public from a risk of

terrorism or other serious harm.

(5)

Prohibitions and requirements must, so far as practicable, be such as to avoid—

(a)

any conflict with any religious beliefs of the respondent;

(b)

any interference with any times at which the respondent normally

attends any educational establishment or works;

(c)

any conflict with the requirements of any other court order or

injunction to which the respondent is subject.

(6)

A youth diversion order must specify the period for which it has effect (which

must not exceed 12 months).

(7)

A youth diversion order may specify periods for which particular prohibitions

or requirements have effect.

(8)

In this section “curfew requirement” means a requirement that the respondent

must remain at a particular place for particular periods.

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Procedure

113

Duty to consult

(1)

Before making an application for a youth diversion order or the variation or

discharge of such an order in respect of a person who is under the age of 18

(when the application is made), a chief officer of police must consult—

(a)

in England and Wales, the local youth offending team;

(b)

in Northern Ireland, the Youth Justice Agency.

(2)

Before making an application for a youth diversion order or the variation or

discharge of such an order in Scotland, the chief constable of the Police Service

of Scotland—

(a)

must consult the Lord Advocate, and

(b)

if the person will be under the age of 18 when the application is made,

must notify—

(i)

the Principal Reporter, and

(ii)

the Scottish Children's Reporter Administration.

(3)

In this section “local youth offending team” means—

(a)

the youth offending team in whose area it appears to the chief officer

that the respondent lives, or

(b)

if it appears to the chief officer that the respondent lives in more than

one such area, whichever one or more of the relevant youth offending

teams that the chief officer considers it appropriate to consult.

“Youth offending team” means a team established under section 39 of the

Crime and Disorder Act 1998.

114

Applications without notice

(1)

An application for a youth diversion order may be made without notice to

the respondent.

(2)

Section 113 (1) does not apply to an application made without notice.

(3)

If an application is made without notice, the court must do one of the

following—

(a)

adjourn the proceedings and make an interim youth diversion order

(see section 115 );

(b)

adjourn the proceedings without making an interim order;

(c)

dismiss the application.

(4)

Except where the court dismisses the application, the applicant must comply

with section 113 (1) before the first full hearing.

(5)

In this section “full hearing” means a hearing of which notice has been given

to the applicant and the respondent in accordance with rules of court.

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115

Interim youth diversion orders

(1)

This section applies where the court adjourns the hearing of an application

(whether made with notice or without) for a youth diversion order.

(2)

The court may, if it considers it necessary to do so, make a youth diversion

order lasting (subject to section 116 ) until the determination of the application

(an “interim youth diversion order”).

Section 112 (6) does not apply in relation to an interim youth diversion order.

(3)

The only requirement that may be imposed by an interim youth diversion

order on the respondent is a requirement to provide information.

(4)

Subject to that, the court has the same powers in relation to an interim youth

diversion order as it has in relation to an order made at a final hearing.

(5)

An interim youth diversion order made at a hearing of which the respondent

was not given notice takes effect on being served on the respondent.

Variation, discharge and appeals

116

Variation and discharge of youth diversion orders

(1)

A relevant person may apply for an order varying or discharging a youth

diversion order.

(2)

An application under this section is to be made—

(a)

in England and Wales or Northern Ireland—

(i)

to a youth court, if a youth court made the youth diversion

order;

(ii)

to a magistrates’ court, if a magistrates’ court made the youth

diversion order;

(b)

in Scotland, to a sheriff court.

(3)

On the application, the court may (after hearing from the applicant and the

other relevant person, if they wish to be heard) make any order varying or

discharging the order that the court considers appropriate.

(4)

The power to vary an order includes power to—

(a)

include an additional prohibition or requirement;

(b)

extend the period for which a prohibition or requirement has effect;

(c)

extend the period for which the order has effect by six months.

The period for which an order has effect may be extended under paragraph

(5)

If an application under this section is dismissed, the applicant may not make

a further application under this section without—

(a)

the consent of the court, or

(b)

the agreement of the other relevant person.

(6)

In this section “relevant person” means—

Page 133

(a)

the person who applied for the youth diversion order, or

(b)

the respondent.

117

Appeal against youth diversion order etc

(1)

A relevant person (as defined by section 116 ) may appeal against a decision

made—

(a)

on an application under section 110 (application for youth diversion

order);

(b)

under section 115 (interim youth diversion orders);

(c)

on an application under section 116 (application for variation or

discharge of order).

(2)

An appeal under this section is to be made—

(a)

in England and Wales or Northern Ireland, to the Crown Court;

(b)

in Scotland, to the Sheriff Appeal Court.

(3)

On an appeal under this section, the court may make—

(a)

such orders as may be necessary to give effect to its determination of

the appeal, and

(b)

such incidental and consequential orders as appear to it to be

appropriate.

Supplementary

118

Offence of breaching youth diversion order

(1)

A person who, without reasonable excuse, fails to comply with a youth

diversion order commits an offence.

(2)

A person under the age of 18 who commits an offence under this section is

liable—

(a)

on summary conviction in England and Wales, to imprisonment for

a term not exceeding 6 months or a fine (or both);

(b)

on summary conviction in Scotland, to imprisonment for a term not

exceeding 6 months or a fine not exceeding level 5 on the standard

scale (or both);

(c)

on summary conviction in Northern Ireland, to imprisonment for a

term not exceeding 6 months or a fine not exceeding level 5 on the

standard scale (or both).

(3)

A person aged 18 or over 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

exceeding 12 months or a fine not exceeding the statutory maximum

(or both);

Page 134

(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

two years or a fine (or 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.

119

Guidance

(1)

The Secretary of State may—

(a)

issue guidance to chief officers of police about the exercise of their

functions in respect of youth diversion orders, and

(b)

revise any guidance under this section.

(2)

A chief officer of police must have regard to any guidance under this section

when exercising a function to which the guidance relates.

(3)

Before issuing or revising any guidance, the Secretary of State must consult—

(a)

the National Police Chiefs’ Council;

(b)

the chief constable of the Police Service of Scotland;

(c)

the chief constable of the Police Service of Northern Ireland;

(d)

the Director of Public Prosecutions;

(e)

the Lord Advocate;

(f)

the Director of Public Prosecutions for Northern Ireland;

(g)

the person appointed under section 36 of the Terrorism Act 2006;

(h)

such other persons as the Secretary of State considers appropriate.

(4)

The Secretary of State must lay before Parliament any guidance or revisions

issued under this section.

(5)

Any guidance or revisions come into force on a day specified in regulations

made by the Secretary of State.

(6)

Subsections (3) to (5) do not apply to revisions that the Secretary of State

considers are not substantial.

(7)

The Secretary of State must publish any guidance or revisions issued under

this section.

120

Rules of court about anonymity for respondents

(1)

Rules of court relating to YDO proceedings may make provision for—

(a)

the making by chief officers of police or the respondent of an

application to a court for an order requiring anonymity for the

respondent, and

Page 135

(b)

the making by the court, on such an application, of an order requiring

such anonymity.

(2)

In this section references to an order requiring anonymity for the respondent

are to an order by a court which imposes such prohibitions or restrictions as

it considers appropriate on the disclosure (by persons generally, or by such

persons as the court specifies or describes) of—

(a)

the identity of the respondent, or

(b)

any information that would tend to identify the respondent.

(3)

In this section “YDO proceedings” means—

(a)

proceedings under or by virtue of this Chapter, or

(b)

proceedings on an appeal against a decision made in any such

proceedings.

121

Applications

An application under this Chapter is to be made—

(a)

by complaint, where the application is made to a youth court or other

magistrates’ court;

(b)

in accordance with rules of court, in any other case.

Chapter 2

Other provisions about terrorism and national security

122

Prevention of terrorism and state threats: weapons etc

(1)

In Schedule 1 to the Terrorism Prevention and Investigation Measures Act

2011, in paragraph 6A (weapons and explosives measure)—

(a)

in sub-paragraph (1)—

(i)

before paragraph (a) insert—

“(za)

a prohibition on possessing things of a specified

description;

(zb)

a prohibition on possessing things of a specified

description without the permission of the

Secretary of State;”;

(ii)

in paragraph (a) omit “offensive weapons,”;

(b)

after sub-paragraph (1) insert—

“(1A)

The descriptions of things which may be specified under

sub-paragraph (1) (za) or (zb) are—

(a)

any description of corrosive substances (as defined

by section 6 of the Offensive Weapons Act 2019);

(b)

any description of motor vehicles;

(c)

any description of things made or adapted for use

for causing injury to the person;

Page 136

(d)

any other description of things which the Secretary

of State reasonably considers could be used for

causing injury to the person.”;

(c)

in sub-paragraph (2) omit the definition of “offensive weapon”.

(2)

In Schedule 7 to the National Security Act 2023 (prevention and investigation

measures), in paragraph 7 (weapons and explosives measure)—

(a)

in sub-paragraph (1)—

(i)

before paragraph (a) insert—

“(za)

a prohibition on possessing things of a specified

description;

(zb)

a prohibition on possessing things of a specified

description without the permission of the

Secretary of State;”;

(ii)

in paragraph (a) omit “offensive weapons,”;

(b)

after sub-paragraph (1) insert—

“(1A)

The descriptions of things which may be specified under

sub-paragraph (1) (za) or (zb) are—

(a)

any description of corrosive substances (as defined

by section 6 of the Offensive Weapons Act 2019);

(b)

any description of motor vehicles;

(c)

any description of things made or adapted for use

for causing injury to the person;

(d)

any other description of things which the Secretary

of State reasonably considers could be used for

causing injury to the person.”;

(c)

in sub-paragraph (2) omit the definition of “offensive weapon”.

(3)

The amendments made by this section apply in relation to notices served

before (as well as those served after) this section comes into force.

123

Offence of wearing or displaying articles in support of proscribed

organisation

(1)

Section 13 of the Terrorism Act 2000 (offence of wearing or displaying articles

in support of proscribed organisation) is amended as follows.

(2)

After subsection (1) insert—

“(1ZA)

A person commits an offence if, on relevant premises, the person—

(a)

wears an item of clothing, or

(b)

wears, carries or displays an article,

in such a way or in such circumstances as to arouse reasonable

suspicion that the person is a member or supporter of a proscribed

organisation.”

(3)

In subsection (4) —

Page 137

(a)

in paragraph (a) after “(1)” insert “or (1ZA) ”;

(b)

in paragraph (b) —

(i)

the words from “the evidence” to the end become

sub-paragraph (i) ;

(ii)

after that sub-paragraph insert “, or

“(ii)

the item or article continuing to be

displayed.”

(4)

After subsection (6) insert—

“(7)

An item of clothing or other article seized by a constable under

subsection (4) may be destroyed.

(8)

In subsection (1ZA) “relevant premises” means any land and buildings

used for the purposes of, or in connection with—

(a)

a prison within the meaning of the Prison Act 1952 ;

(b)

a young offender institution within the meaning of section

43(1) of that Act;

(c)

a secure training centre within the meaning of section 43(1) of

that Act;

(d)

approved premises within the meaning of section 13 of the

Offender Management Act 2007 ;

(e)

a prison within the meaning of the Prisons (Scotland) Act 1989 ;

(f)

a young offenders institution within the meaning of section

19 (1) of that Act ;

(g)

a prison within the meaning of the Prison Act (Northern

Ireland) 1953 (c. 18 (N.I.));

(h)

a young offenders centre within the meaning of section 2 of

the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29

(N.I.));

(i)

a juvenile justice centre within the meaning of Article 51 of the

Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I.

1998/1504 (N.I. 9));

(j)

service custody premises within the meaning of section 300 of

the Armed Forces Act 2006 ;

(k)

a removal centre within the meaning of section 147 of the

Immigration and Asylum Act 1999 .”

(5)

In the Armed Forces Act 2006, after section 93ZC (inserted by section 94

) insert—

“93ZD

Powers of seizure equivalent to powers under

Terrorism Act 2000

(1)

This section applies in relation to an offence under section 42 as

respects which the corresponding offence under the law of England

and Wales is an offence under section 13 (1ZA) of the Terrorism Act

Page 138

2000 (wearing or displaying articles in support of proscribed

organisation).

(2)

Section 13 (4) to (7) of the Terrorism Act 2000 (powers of seizure)

applies in relation to the offence under section 42 as it applies to an

offence under section 13 (1ZA) of the Terrorism Act 2000 , but reading

references to a constable as references to a service policeman.”

124

Management of terrorist offenders

(1)

Schedule 16 amends Part 4 of the Counter-Terrorism Act 2008 (notification

requirements) so as to enable courts to make notification orders in respect of

persons who have committed certain domestic offences or service offences.

(2)

In section 43B of the Terrorism Act 2000 (terrorist offenders released on licence:

arrest without warrant pending recall decision) in subsection (4) after

paragraph (d) insert—

“(e)

a person in respect of whom—

(i)

a domestic offence notification order (within the

meaning of Schedule 4A to the Counter-Terrorism Act

2008), or

(ii)

a service offence notification order (within the meaning

of Schedule 6A to that Act),

has been made and who is serving a sentence for the offence

by virtue of which the order was made.”

125

Sentences for offence of breaching foreign travel restriction order

Schedule 17 contains amendments about sentences for an offence under

paragraph 15 of Schedule 5 to the Counter-Terrorism Act 2008 (breach of

foreign travel restriction order).

126

Length of terrorism sentence with fixed licence period: Northern Ireland

(1)

In Article 7 of the Criminal Justice (Northern Ireland) Order 2008 (S.I.

2008/1216 (N.I. 1))—

(a)

in paragraph (2) omit “Articles 13A, 14 and 15A and”;

(b)

in paragraph (3) before sub-paragraph (a) insert—

“(za)

Articles 13A and 14 of this Order;”.

(2)

The amendments made by this section apply in relation to convictions

occurring on or after the day on which this section comes into force.

Page 139

Part 15

Miscellaneous and general

International law enforcement data-sharing agreements

127

Implementation of international law enforcement information-sharing

agreements

(1)

The appropriate national authority may by regulations make such provision

as the authority considers appropriate for the purpose of, or in connection

with, implementing an international agreement so far as relating to the sharing

of information for law enforcement purposes, as it has effect from time to

time.

(2)

Subject to subsections (3) and (4) , regulations under this section may provide

that sharing of information in accordance with the regulations does not breach

any restriction on the sharing of information (however imposed).

(3)

Regulations under this section may not require or authorise processing of

personal data that would contravene the data protection legislation (but in

determining whether processing of personal data would do so, take into

account any duty imposed, or power conferred, by the regulations).

(4)

Regulations under this section may not require or authorise the making of a

disclosure which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9

of the Investigatory Powers Act 2016.

(5)

In this section—

“appropriate national authority” has the meaning given in section 128 ;

“the data protection legislation” has the same meaning as in the Data

Protection Act 2018 (see section 3(9) of that Act);

“law enforcement purposes” means the prevention, investigation,

detection or prosecution of criminal offences or the execution of

criminal penalties, including the safeguarding against, and the

prevention of, threats to public security;

“personal data” and “processing” have the same meanings as in the Data

Protection Act 2018 (see section 3(2) and (4) of that Act).

128

Meaning of “appropriate national authority”

(1)

In section 127 , “appropriate national authority” means the Secretary of State,

subject as follows.

(2)

The Scottish Ministers are also an appropriate national authority in relation

to regulations under section 127 which contain only provision which would

be within the legislative competence of the Scottish Parliament if contained

in an Act of that Parliament.

Page 140

(3)

The Department of Justice in Northern Ireland is also an appropriate national

authority in relation to regulations under section 127 which contain only

provision which—

(a)

would be within the legislative competence of the Northern Ireland

Assembly if contained in an Act of that Assembly, and

(b)

would not, if contained in a Bill for such an Act, result in the Bill

requiring the consent of the Secretary of State under section 8 of the

Northern Ireland Act 1998.

(4)

The Welsh Ministers are also an appropriate national authority in relation to

regulations under section 127 which contain only provision which would be

within the legislative competence of Senedd Cymru if contained in an Act of

the Senedd (ignoring any requirement for the consent of a Minister of the

Crown).

(5)

The consent of a Minister of the Crown is required before any provision is

made by the Welsh Ministers in regulations under section 127 so far as that

provision, if contained in an Act of Senedd Cymru, would require the consent

of a Minister of the Crown.

(6)

In Schedule 7B to the Government of Wales Act 2006 (general restrictions on

legislative competence of Senedd Cymru), in paragraph 11(6)(b) (exceptions

to restrictions relating to Ministers of the Crown)—

(a)

omit the “or” at the end of sub-paragraph (xii), and

(b)

after sub-paragraph (xiii) insert “; or

“(xiv)

section 127 of the Crime and Policing Act 2025.”

(7)

In this section, “Minister of the Crown” has the same meaning as in the

Ministers of the Crown Act 1975.

129

Consultation with devolved authorities about regulations under section

(1)

Before making regulations under section 127 , the Secretary of State must

consult—

(a)

the Scottish Ministers about any provision in the regulations which

could be made by those Ministers by virtue of section 128 (2) ;

(b)

the Department of Justice in Northern Ireland about any provision in

the regulations which could be made by that Department by virtue

of section 128 (3) ;

(c)

the Welsh Ministers about any provision in the regulations which

could be made by those Ministers by virtue of section 128 (4) (ignoring

any requirement for the consent of a Minister of the Crown under

section 128 (5) ).

Page 141

Criminal liability of bodies and partnerships

130

Criminal liability of bodies corporate and partnerships where senior manager

commits offence

(1)

Where a senior manager of a body corporate or partnership (“the

organisation”) acting within the actual or apparent scope of their authority

commits an offence under the law of England and Wales, Scotland or Northern

Ireland, the organisation also commits the offence (subject to subsection (2) ).

(2)

An organisation does not commit an offence by virtue of subsection (1) if—

(a)

all of the conduct constituting the offence occurs outside the United

Kingdom, and

(b)

the organisation would not commit the offence if that conduct were

the organisation’s (rather than the senior manager’s).

(3)

In this section—

“body corporate” includes a body incorporated outside the United

Kingdom but does not include—

(a)

a corporation sole, or

(b)

a partnership that (whether or not a legal person) is not

regarded as a body corporate under the law by which it is

governed;

“partnership” means—

(a)

a partnership within the meaning of the Partnership Act 1890,

(b)

a limited partnership registered under the Limited Partnerships

Act 1907, or

(c)

a firm or other entity of a similar character to one within

paragraph (a) or (b) formed under the law of a country or

territory outside the United Kingdom;

“senior manager” , in relation to a body corporate or partnership, means

an individual who plays a significant role in—

(a)

the making of decisions about how the whole or a substantial

part of the activities of the body corporate or partnership are

to be managed or organised, or

(b)

the managing or organising of the whole or a substantial part

of those activities.

(4)

Proceedings for an offence alleged to have been committed by a partnership

by virtue of this section must be brought in the name of the partnership (and

not in that of any of the partners).

(5)

For the purposes of such proceedings—

(a)

rules of court relating to the service of documents have effect as if the

partnership were a body corporate, and

(b)

the following provisions apply as they apply in relation to a body

corporate—

Page 142

(i)

section 33 of the Criminal Justice Act 1925 and Schedule 3 to

the Magistrates’ Courts Act 1980;

(ii)

sections 34(2), 66(6AA) and 72D(2) of the Criminal Procedure

(Scotland) Act 1995;

(iii)

section 18 of the Criminal Justice Act (Northern Ireland) 1945

(c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts

(Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

(6)

A fine imposed on a partnership on its conviction for an offence committed

by virtue of this section is to be paid out of the partnership assets.

(7)

In consequence of the provision made by this section, omit the following

provisions of the Economic Crime and Corporate Transparency Act 2023—

(a)

sections 196 to 198 (including the italic heading before those sections);

(b)

in section 217, subsection (5)(f) and the words “197(1) or” in

subsections (8) and (9);

(c)

Schedule 12.

General

131

Powers to make consequential amendments etc

(1)

The Secretary of State may by regulations make such provision as the Secretary

of State considers appropriate in consequence of this Act.

(2)

The power in section 419 (1) of the Sentencing Act 2020 (power to state effect

of commencement provisions) applies in relation to any amendment or repeal

made by or under this Act of that Act as it applies in relation to an

amendment or repeal made by Schedule 22 to that Act .

(3)

The Scottish Ministers may by regulations make such provision within

devolved competence as they consider appropriate in consequence of—

(a)

Chapter 2 of Part 4 ;

(b)

Chapter 4 of Part 5 .

For this purpose, provision is “within devolved competence” if it would be

within the legislative competence of the Scottish Parliament if it were contained

in an Act of that Parliament.

(4)

The Department of Justice in Northern Ireland may by regulations make such

transferred provision as it considers appropriate in consequence of—

(a)

Chapter 2 of Part 4 ;

(b)

Chapter 4 of Part 5 ;

(c)

sections 73 to 75 ;

(d)

section 102 (2) and Schedule 15 .

(5)

In subsection (4) “transferred provision” means provision that—

(a)

would be within the legislative competence of the Northern Ireland

Assembly if it were contained in an Act of that Assembly, and

Page 143

(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.

(6)

Regulations under this section may amend, repeal or revoke legislation passed

or made before, or in the same Session as, this Act.

132

Regulations

(1)

A power to make regulations includes power to make—

(a)

consequential, supplementary, incidental, transitional, transitory or

saving provision;

(b)

different provision for different purposes or areas.

(2)

Regulations of the Secretary of State are to be made by statutory instrument.

(3)

The Secretary of State may not make a statutory instrument containing any

of the following (whether alone or with other provision) unless a draft of the

instrument has been laid before and approved by a resolution of each House

of Parliament—

(a)

regulations under section 34 (1) , 54 , 82 , 85 or 90 ;

(b)

regulations under section 131 (1) that amend primary legislation.

(4)

Any other statutory instrument made by the Secretary of State containing

regulations is subject to annulment in pursuance of a resolution of either

House of Parliament.

(5)

In this section—

“primary legislation” means an Act of Parliament, an Act of the Scottish

Parliament, an Act or Measure of Senedd Cymru, or Northern Ireland

legislation;

“regulations” means regulations under any provision of this Act except

section 135 .

133

Regulations made by the Scottish Ministers, the Department of Justice or

the Welsh Ministers

(1)

The following regulations (which are made by the Scottish Ministers) are

subject to the affirmative procedure—

(a)

regulations under section 34 (2) ;

(b)

regulations under section 131 (3) that amend primary legislation.

(2)

Any other regulations made by the Scottish Ministers under this Act are

subject to the negative procedure.

(3)

For the meaning of “affirmative procedure” and “negative procedure”, see

Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp

10).

Page 144

(4)

A power of the Department of Justice in Northern Ireland to make regulations

under this Act is exercisable by statutory rule for the purposes of the Statutory

Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(5)

The following regulations may not be made unless a draft of the regulations

has been laid before and approved by a resolution of the Northern Ireland

Assembly—

(a)

regulations under section 34 (3) ;

(b)

regulations under section 131 (4) that amend primary legislation.

(6)

Any other regulations made by the Department of Justice in Northern Ireland

under this Act are subject to negative resolution within the meaning given

by section 41 (6) of the Interpretation Act (Northern Ireland) 1954 .

(7)

Regulations of the Welsh Ministers under this Act are to be made by statutory

instrument.

(8)

A statutory instrument containing regulations made by the Welsh Ministers

under section 127 is subject to annulment in pursuance of a resolution of

Senedd Cymru.

(9)

In this section “primary legislation” has the meaning given by section 132 .

134

Extent

(1)

Subject as follows, this Act extends to England and Wales only.

(2)

The following extend to England and Wales, Scotland and Northern Ireland—

(a)

section 13 ;

(b)

Chapter 2 of Part 4 ;

(c)

sections 38 to 41 ;

(d)

section 44 ;

(e)

section 55 ;

(f)

section 59 ;

(g)

section 61 ;

(h)

section 63 ;

(i)

section 66 (1) ;

(j)

section 68 ;

(k)

Part 8 except section 79 (3) ;

(l)

section 92 and Schedule 12 ;

(m)

section 94 ;

(n)

section 103 (2) ;

(o)

Part 14 (except section 126 and Schedule 17 );

(p)

this Part.

(3)

Sections 60 (1) and 66 (2) extend to England and Wales and Scotland.

(4)

Sections 37 , 73 , 74 and 75 extend to England and Wales and Northern Ireland.

Page 145

(5)

Section 62 extends to Scotland and Northern Ireland.

(6)

Sections 102 (2) and 126 extend to Northern Ireland.

(7)

Any amendment made by the following has the same extent as the provision

amended—

(a)

section 11 (1) or (3) (and section 11 (4) has effect accordingly);

(b)

section 35 ;

(c)

section 60 (2) ;

(d)

section 65 ;

(e)

section 67 ;

(f)

section 76 ;

(g)

section 79 (3) ;

(h)

section 95 ;

(i)

section 103 (1) ;

(j)

Schedule 9 ;

(k)

Schedule 14 or 15 ;

(l)

Schedule 17 .

(8)

Nothing in subsections (1) to (7) limits the extent within the United Kingdom

of the armed forces provisions.

(9)

Section 384(1) and (2) of the Armed Forces Act 2006 (extent outside the United

Kingdom) applies to the armed forces provisions as it applies to the provisions

of that Act.

(10)

In this section “armed forces provision” means—

(a)

a provision made, or inserted, by or under this Act so far as it is

applied (by whatever words) by or under the Armed Forces Act 2006;

(b)

an amendment, modification or repeal made by or under this Act of—

(i)

a provision of or made under the Armed Forces Act 2006,

(ii)

a provision that amends, modifies or repeals a provision of, or

made under, that Act, or

(iii)

any other provision, so far as the provision is applied (by

whatever words) by or under that Act.

135

Commencement

(1)

Subject as follows, this Act comes into force on such day as the Secretary of

State may by regulations appoint.

(2)

The following provisions come into force on the day on which this Act is

passed—

(a)

sections 31 and 44 ;

(b)

sections 95 and 96 , for the purposes of making regulations;

(c)

section 109 , for the purposes of making rules;

(d)

this Part except section 130 .

Page 146

(3)

The following provisions come into force at the end of the period of two

months beginning with the day on which this Act is passed—

(a)

sections 43 , 103 , 104 , 105 , 122 , 125 , 126 , and 130 ;

(b)

Schedule 17 .

(4)

The Secretary of State may by regulations make transitional or saving provision

in connection with the coming into force of any provision of this Act.

(5)

Regulations of the Secretary of State under this section may make different

provisions for different purposes or areas.

(6)

Regulations of the Secretary of State under this section are to be made by

statutory instrument.

(7)

Chapter 4 of Part 5 (except section 66 (2) ) comes into force—

(a)

so far as extending to Scotland, on such day as the Scottish Ministers

may by order appoint;

(b)

so far as extending to Northern Ireland, on such day as the Department

of Justice in Northern Ireland may by order appoint.

(8)

The following come into force on such day as the Department of Justice in

Northern Ireland may by order appoint—

(a)

sections 73 to 75 so far as extending to Northern Ireland;

(b)

section 102 (2) and Schedule 15 .

(9)

An order under subsection (7) or (8) may make—

(a)

transitional or saving provision;

(b)

different provision for different purposes.

(10)

For an order made by the Scottish Ministers under subsection (7) (a) , see

section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010

(asp 10) (Scottish statutory instruments).

(11)

The power to make an order under subsection (7) (b) or (8) is exercisable by

statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order

1979 (S.I. 1979/1573 (N.I. 12)).

136

Commencement: consultation requirements

(1)

Before making regulations under section 135 (1) appointing a day on which

any provision of Chapter 2 or 3 of Part 4 , or section 66 (1) , comes into force,

the Secretary of State must consult—

(a)

the Scottish Ministers, and

(b)

the Department of Justice in Northern Ireland.

(2)

Before making an order under section 135 (7) (a) appointing a day on which

section 66 (1) comes into force, the Scottish Ministers must consult—

(a)

the Secretary of State, and

(b)

the Department of Justice in Northern Ireland.

Page 147

(3)

Before making an order under section 135 (7) (b) appointing a day on which

section 66 (1) comes into force, the Department of Justice must consult—

(a)

the Secretary of State, and

(b)

the Scottish Ministers.

137

Short title

This Act may be cited as the Crime and Policing Act 2025.

Page 148

Schedules

Schedule 1

Section 2

Amendments of the

Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014

(injunctions) is amended as follows.

(1)

Section 1 (power to grant injunctions) is amended as follows.

(2)

In the heading, after “grant” insert “youth”.

(3)

In subsection (1) —

(a)

after “section” insert “(a “youth injunction”)”;

(b)

after “over” insert “but under 18”.

(4)

In subsection (4) , for “An injunction under this section” substitute “A youth

injunction”.

(5)

After subsection (4) insert—

“(4A)

But a youth injunction may not have the effect of excluding the

respondent from the place where the respondent normally lives.”

(6)

In subsection (5) —

(a)

for “an injunction under this section” substitute “a youth injunction”;

(b)

in paragraph (a) , for the words from “works” to “establishment”

substitute “attends school or any other educational establishment,

or at which the respondent normally works”;

(c)

in paragraph (b), for “may be” substitute “is”.

(7)

For subsection (6) substitute—

“(6)

A youth injunction must specify the period for which it has effect,

which must be no more than 12 months.”

(8)

In subsection (7) , for “An injunction under this section” substitute “A youth

injunction”.

(9)

For subsection (8) substitute—

“(8)

An application for a youth injunction must be made to a youth

court.”

(10)

At the end insert—

“(9)

In this Part, anti-social behaviour means—

(a)

conduct that has caused, or is likely to cause, harassment,

alarm or distress to any person, or

(b)

housing-related anti-social conduct (see section 2 ).”

Page 149

After section 1 insert—

“1A

Power to grant housing injunctions

(1)

A court may grant an injunction under this section (a “housing

injunction”) against a person aged 18 or over (“the respondent”) if

two conditions are met.

(2)

The first condition is that the court is satisfied, on the balance of

probabilities, that the respondent has engaged or threatens to engage

in housing-related anti-social conduct (see section 2 ).

(3)

The second condition is that the court considers it just and

convenient to grant the injunction for the purpose of preventing the

respondent from engaging in housing-related anti-social conduct.

(4)

A housing injunction may for the purpose of preventing the

respondent from engaging in housing-related anti-social conduct—

(a)

prohibit the respondent from doing anything described in

the injunction;

(b)

require the respondent to do anything described in the

injunction.

(5)

Prohibitions and requirements in a housing injunction must, so far

as practicable, be such as to avoid—

(a)

any interference with the times, if any, at which the

respondent normally works or attends any educational

establishment;

(b)

any conflict with the requirements of any other court order

or injunction to which the respondent may be subject.

(6)

A housing injunction must—

(a)

specify the period for which it has effect, or

(b)

state that it has effect until further order.

(7)

A housing injunction may specify periods for which particular

prohibitions or requirements have effect.

(8)

An application for a housing injunction must be made to the High

Court or the county court, subject to any rules of court made under

section 18(2).

(9)

A court to may treat an application for a housing injunction as an

application under section A1 (power to make respect orders) for an

order under that section.”

(1)

Section 2 (meaning of “anti-social behaviour”) is amended as follows.

(2)

In the heading, for ““anti-social behaviour”” substitute ““housing-related

anti-social conduct””.

(3)

In subsection (1) —

Page 150

(a)

for ““anti-social behaviour”” substitute ““housing-related anti-social

conduct””;

(b)

omit paragraph (a) .

(4)

In subsection (2) , for “injunction under section 1” substitute “housing

injunction”.

In section 3 (requirements included in injunctions), for “section 1”, in both

places it occurs, substitute “this Part”.

(1)

Section 4 (power of arrest) is amended as follows.

(2)

In subsection (1) —

(a)

for “section 1” substitute “this Part”;

(b)

in paragraph (a) , for “anti-social behaviour” substitute “relevant

conduct”.

(3)

At the end insert—

“(3)

In this section, “relevant conduct” means—

(a)

in relation to a youth injunction, anti-social behaviour;

(b)

in relation to a housing injunction, housing-related anti-social

conduct.”

(1)

Section 5 (applications for injunctions) is amended as follows.

(2)

In subsection (1) , for “section 1” substitute “this Part”.

(3)

In subsection (3) , for “anti-social behaviour” substitute “relevant conduct”.

(4)

After subsection (4) insert—

“(4A)

In this section, “relevant conduct” means—

(a)

in relation to a youth injunction, anti-social behaviour;

(b)

in relation to a housing injunction, housing-related anti-social

conduct.”

In section 6 (applications without notice), in subsection (1) , for “section 1”

substitute “this Part”.

In section 7 (interim injunctions)—

(a)

in subsection (1), for “section 1” substitute “this Part”;

(b)

in subsection (2), for “that section” substitute “this Part”.

(1)

Section 8 (variation or discharge of injunctions) is amended as follows.

(2)

In subsection (1) , for “section 1” substitute “this Part”.

(3)

For subsection (2) substitute—

“(2)

In subsection (1) “the court” means that court that granted the

injunction.”

(1)

Section 9 (arrest without warrant) is amended as follows.

(2)

In subsection (1) , for “section 1” substitute “this Part”.

Page 151

(3)

In subsection (3) , omit paragraphs (a) to (c) and insert—

“(a)

in the case of a housing injunction—

(i)

a judge of the county court, or

(ii)

if the injunction was granted by the High Court, a

judge of the High Court or a judge of the county

court;

(b)

in the case of a youth injunction, a justice of the peace.”

(4)

In subsection (5) , omit “or (b)”.

(5)

In subsection (6) , for “(c)” substitute “ (b) ”.

(1)

Section 10 (issue of arrest warrant) is amended as follows.

(2)

In subsection (1) , for “section 1” substitute “this Part”.

(3)

In subsection (2) , omit paragraphs (a) to (c) and insert—

“(a)

in the case of a housing injunction—

(i)

a judge of the High Court, if the injunction was

granted by the High Court, or

(ii)

a judge of the county court, if the injunction was

granted by the county court;

(b)

in the case of a youth injunction, a justice of the peace.”

(4)

In subsection (6)—

(a)

for “before—” substitute “before the youth court that granted the

injunction”;

(b)

omit paragraphs (a) and (b).

In section 12 (powers in respect of under-18s), before “injunctions” insert

“youth”.

(1)

Section 13 (power to exclude person from home), subsection (1) is amended

as follows.

(2)

In the words before paragraph (a) , for “An injunction under section 1”

substitute “A housing injunction”.

(3)

Omit paragraph (a) .

(4)

In paragraph (c) (i) , for “anti-social behaviour” substitute “housing-related

anti-social conduct”.

Before section 14 (but after the italic heading before that clause) insert—

“13A

Requirement to carry out risk assessment

(1)

A person applying for an injunction under this Part must before

doing so carry out a risk assessment in relation to the application.

(2)

A risk assessment, in relation to an application for an injunction

under this Part, is an assessment of—

Page 152

(a)

the risk of any person being caused nuisance or annoyance

in relation to their occupation of residential premises by the

respondent’s conduct,

(b)

(in relation to an application for a youth injunction), the risk

of any person being caused harassment, alarm or distress

by the respondent’s conduct,

(c)

any vulnerabilities of the respondent,

(d)

any alternative means of preventing the respondent from

engaging in relevant conduct, and

(e)

such other matters as the person considers relevant.

(3)

A person required to carry out a risk assessment under this section

must in doing so have regard to any guidance issued by the

Secretary of State under section 19 .

(4)

In this section, “relevant conduct” means—

(a)

in relation to an application for a youth injunction, anti-social

behaviour;

(b)

in relation to an application for a housing injunction,

housing-related anti-social conduct.”

(1)

Section 14 (requirements to consult etc) is amended as follows.

(2)

In subsection (1) —

(a)

in the words before paragraph (a) , for “section 1” substitute “this

Part”;

(b)

in paragraph (a) —

(i)

at the beginning insert “in the case of a youth injunction,”;

(ii)

omit the words from “if” to the end;

(c)

in paragraph (b) —

(i)

at the beginning insert “in any case,”;

(ii)

for “other” substitute “(or, where paragraph (a) applies, any

other).”

(3)

In subsection (2) —

(a)

in paragraph (a) , at the beginning insert “in the case of a youth

injunction,”;

(b)

in paragraph (b) —

(i)

at the beginning insert “in any case,”;

(ii)

for “other” substitute “(or, where paragraph (a) applies, any

other)”.

(4)

In subsection (3) —

(a)

in paragraph (a) , at the beginning insert “in the case of a youth

injunction,”;

(b)

in paragraph (b) —

(i)

at the beginning insert “in any case,”;

Page 153

(ii)

for “other” substitute “(or, where paragraph (a) applies, any

other)”.

(1)

Section 18 (rules of court) is amended as follows.

(2)

In subsection (1) , for “section 1” substitute “this Part”.

(3)

In subsection (2) —

(a)

in the words before paragraph (a) , for “an injunction under section

1” substitute “a housing injunction or a respect order”;

(b)

in paragraph (a) , for “an injunction under that section” substitute

“a youth injunction”.

(4)

In subsection (3)—

(a)

in the words before paragraph (a), for “under this Part” substitute

“on an application for a youth injunction”;

(b)

in paragraph (a), at the end insert “and for the application to be

treated as an application for a housing injunction or a respect order

(as the court to which the proceedings are transferred considers

appropriate)”.

In section 19 (guidance), in subsection (1) , for “section 1” substitute “this

Part”.

(1)

In section 20 (interpretation etc), subsection (1) is amended as follows.

(2)

In the definition of “anti-social behaviour”, for “section 2” substitute “section

1 (9) ”.

(3)

For the definition of “respondent” substitute—

““respondent” —

(a)

in relation to a youth injunction, has the meaning given by

section 1(1);

(b)

in relation to a housing injunction, has the meaning given

by section 1A(1);”.

(4)

At the appropriate places, insert—

“housing injunction” means an injunction under section 1A;

““housing-related anti-social conduct” has the meaning given by section

2;”

“ “respect order” means an order under section A1;

““youth injunction” means an injunction under section 1.”

(1)

Schedule 2 (breach of injunctions: powers of court in respect of under-18s)

is amended as follows.

(2)

In the heading, before “injunctions” insert “youth”.

(3)

In paragraph 1(1), for “an injunction under section 1” substitute “a youth

injunction”.

Page 154

Schedule 2

Section 5

Closure of premises by registered social housing provider

The Anti-social Behaviour, Crime and Policing Act 2014 is amended as

follows.

In section 76 (power to issue closure notices)—

(a)

in subsection (1) —

(i)

omit “or”, in the first place it appears;

(ii)

after “authority,” insert “or a registered social housing

provider (“RSH provider”),”;

(b)

after subsection (1) insert—

“(1A)

An RSH provider may only issue a closure notice in respect

of premises owned or managed by that provider.”;

(c)

in subsection (7) —

(i)

for “or local authority” substitute “, local authority or RSH

provider”;

(ii)

for “or authority” substitute “, authority or provider”.

In section 77 (duration of closure notices)—

(a)

in subsection (2) —

(i)

omit “or” at the end of paragraph (a) ;

(ii)

after paragraph (b) insert “, or

“(c)

if, in the case of a notice issued by an RSH

provider, the notice is signed by an individual

who is part of the provider’s senior

management.”;

(b)

in subsection (4) —

(i)

omit “or” at the end of paragraph (a) ;

(ii)

after paragraph (b) insert “, or

“(c)

if, in the case of a notice issued by an RSH

provider, the RSH provider issues an

extension notice signed by an individual who

is part of the provider’s senior management.”;

(c)

after subsection (6) insert—

“(7)

For the purposes of this section, an individual is part of an

RSH provider’s senior management if the individual plays

a significant role in—

(a)

the making of decisions about how the whole or a

substantial part of the activities of the provider which

relate to social housing are to be managed or

organised, or

Page 155

(b)

the management or organisation of the whole or a

substantial part of such activities.”

In section 78 (cancellation or variation of closure notices)—

(a)

in subsections (1) , (2) , (3) and (6) , for “officer or authority” substitute

“person”;

(b)

after subsection (4) , insert—

“(4A)

A cancellation notice or a variation notice that relates to a

closure notice which was—

(a)

issued by an RSH provider, and

(b)

signed as mentioned in section 77(2) (c) ,

must be signed by the person who signed the extension

notice (or, if that person is not available, by another person

who could have signed the extension notice).”;

(c)

in subsection (5) —

(i)

after “local authority” insert “or RSH provider”;

(ii)

after “section 77(4)(b)” insert “or (c) (as the case may be)”;

(d)

in subsection (6) , after paragraph (c) insert—

“(d)

in the case of a closure notice issued by an RSH

provider, that provider.”

In section 79 (service of notices)—

(a)

in subsection (1) , after paragraph (b) insert “;

“(c)

a representative of the provider that issued the notice,

in the case of a notice issued by an RSH provider.”;

(b)

in subsections (2) , (3) and (4) , omit “local authority”;

(c)

after subsection (5) insert—

“(6)

In this section “representative”, in relation to an RSH

provider, means—

(a)

an employee of the provider, or

(b)

a person, or employee of a person, acting on behalf

of the provider.”

In section 80 (power of court to make closure orders), in subsection (2)

, after paragraph (b) insert—

“(c)

by the provider that issued the closure notice, if the notice

was issued by an RSH provider.”

In section 82 (extension of closure orders)—

(a)

in subsection (2) , after paragraph (b) insert—

“(c)

where the closure order was made on the application

of an RSH provider, that provider.”;

(b)

in subsection (3) —

Page 156

(i)

for “or local authority” substitute “, local authority or RSH

provider”;

(ii)

for “the appropriate consultee has been consulted” substitute

“appropriate consultation”;

(iii)

after “application” insert “has been carried out”;

(c)

for subsection (4) , substitute—

“(4)

An appropriate consultation about the intention to make the

application is carried out if the following are consulted—

(a)

the local authority and any relevant RSH provider,

in the case of an application by a police officer;

(b)

the chief officer of police for the area in which the

premises are situated and any relevant RSH provider,

in the case of an application by a local authority;

(c)

the local authority and the chief officer of police for

the area in which the premises are situated, in the

case of an application by an RSH provider.

An RSH provider is “relevant” if it owns or manages the

premises.”

In section 83 (discharge of closure orders)—

(a)

in subsection (2) , after paragraph (b) insert—

“(ba)

the provider that applied for the closure order, where

the order was made on the application of an RSH

provider;”;

(b)

after subsection (6) insert—

“(6A)

Where—

(a)

the order in question was made on the application

of an RSH provider, and

(b)

a person other than that provider makes an

application under this section for the discharge of

the order,

the justice may issue a summons directed to that provider

requiring it to appear before the magistrates’ court to

respond to the application.

(6B)

If a summons is issued under subsection (6A) , a notice stating

the date, time and place of the hearing of the application

must be served on—

(a)

the provider mentioned in that subsection;

(b)

the persons mentioned in subsection (2)(c) and (d)

(other than the complainant).”

In section 84 (appeals), after subsection (3) insert—

“(3A)

An RSH provider may appeal against—

Page 157

(a)

a decision not to make a closure order applied for by that

provider;

(b)

a decision not to extend a closure order made on the

application of that provider;

(c)

a decision (under section 81) not to order the continuation

in force of a closure notice issued by that provider.”

In section 85 (enforcement of closure orders), in subsection (2) , after

paragraph (b) insert “;

“(c)

in relation to a closure order made on the application of an

RSH provider, means a person authorised by that provider.”

In section 87 (access to other premises), in subsection (3) , after paragraph

(b) —

“(ba)

the RSH provider, in a case where that RSH provider owns

or manages the premises;”.

In section 88 (reimbursement of costs)—

(a)

in subsection (1) , for “or a local authority” substitute “, a local

authority or an RSH provider”;

(b)

in subsection (5) —

(i)

in paragraph (a) , after “authority” insert “or an RSH

provider”;

(ii)

in paragraph (b) , after “body” insert “or an RSH provider”;

(c)

after subsection (5) insert—

“(6)

Where a local authority or a local policing body makes an

application under this section in respect of premises owned

or managed by an RSH provider, the application must also

be served on the RSH provider.”

In section 89 (exemption from liability)—

(a)

after subsection (2) insert—

“(2A)

An RSH provider is not liable for damages in proceedings

for—

(a)

judicial review, or

(b)

the tort of negligence,

arising out of anything done or omitted to be done by the

provider in the exercise or purported exercise of a power

under this Chapter.”;

(b)

in subsection (3) , for “and (2)” substitute “to (2A)”;

(c)

in subsection (4) , for “and (2)” substitute “to (2A)”.

In section 91 (guidance), in subsection (1) (b) , after “authorities” insert “and

RSH providers”.

In section 92 (interpretation)—

Page 158

(a)

in subsection (1) , insert at the appropriate place—

““registered social housing provider” (or “RSH provider”)

means—

(a)

in relation to England, a registered provider of social

housing;

(b)

in relation to Wales, a Welsh body registered as a

social landlord under section 3 of the Housing Act

1996 ;”;

(b)

after subsection (3) , insert—

“(4)

For the purposes of this Chapter, an RSH provider owns

premises if—

(a)

the provider is a person (other than a mortgagee not

in possession) entitled to dispose of the fee simple

in the premises, whether in possession or in reversion,

(b)

the provider is a person who holds or is entitled to

the rents and profits of the premises under a lease

that (when granted) was for a term of at least 3

years.”

Schedule 3

Section 6

LPB case reviews: supplementary provision

This is the Schedule to be inserted after Schedule 4 to the Anti-social Behaviour,

Crime and Policing Act 2014 —

“Schedule 4A

Section 104A

LPB case reviews: supplementary provision

Part 1

Making and revising LPB review procedures

Consultation: relevant bodies

In making and revising its LPB review procedures, the local policing body

for a police area must consult the relevant bodies for each local government

area all or part of which falls within the police area.

Consultation: local providers of social housing

(1)

In making and revising its LPB review procedures, a local policing body

for a police area must consult such relevant local providers of social housing

as it considers appropriate.

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(2)

In this Schedule “relevant local provider of social housing”, in relation to

the local policing body for a police area, means a local provider of social

housing in a local government area all or part of which falls within that

police area.

Dissatisfaction with LPB case reviews

The LPB review procedures must include provision about what is to happen

where an applicant is dissatisfied with the way in which the local policing

body has—

(a)

dealt with an application for an LPB case review, or

(b)

carried out an LPB case review.

Assessment and revision of LPB review procedures

The LPB review procedures must include provision about—

(a)

the assessment of the effectiveness of those procedures, and

(b)

the revision of those procedures.

Part 2

LPB case reviews

Consultation and co-operation: local providers of social housing

(1)

In carrying out LPB case reviews, the local policing body for a police area

must consult such relevant local providers of social housing as it considers

appropriate.

(2)

The relevant local providers of social housing must co-operate with the

local policing body for a police area in any matters specified by the body

that concern LPB case reviews.

Information

(1)

A local policing body may request any person to disclose information for

a purpose connected with the carrying out of an LPB case review.

(2)

If such a request is made to a person who exercises public functions, and

that person possesses the requested information in connection with the

exercise of such functions, the person must (subject to sub-paragraph (5)

) comply with the request.

(3)

If such a request is made to a person who is not required by sub-paragraph

(2) to disclose the requested information, the person may (subject to

sub-paragraph (5) ) comply with the request.

(4)

Except as provided by sub-paragraph (5) , a disclosure under this paragraph

does not breach—

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(a)

any obligation of confidence owed by the person making the

disclosure, or

(b)

any other restriction on the disclosure of information (however

imposed).

(5)

This paragraph does not require or authorise—

(a)

a disclosure which would contravene the data protection legislation

(but in determining whether a disclosure would do so, take into

account the duty imposed or (as the case may be) the power

conferred by this paragraph), or

(b)

a disclosure which is prohibited by any of Parts 1 to 7 or Chapter

1 of Part 9 of the Investigatory Powers Act 2016 .

(6)

In this paragraph, “the data protection legislation” has the same meaning

as in the Data Protection Act 2018 (see section 3 of that Act).

Part 3

Effect of joint review procedures

(1)

This paragraph applies where, by virtue of paragraph 8 of Schedule 4 (joint

review procedures), a local government area falls within two or more police

areas.

(2)

Section 104A(2) applies in relation to the local government area as if

references to the local policing body for the police area were to all of the

local policing bodies for those police areas acting jointly.

(3)

Section 104A(3) applies in relation to the local government area as if

references to the local policing body for the police area were to—

(a)

one of the local policing bodies for those police areas, or

(b)

two or more of the local policing bodies for those police areas acting

jointly.

(4)

If, as a result of sub-paragraph (2) or (3) , two or more local policing bodies

jointly carry out an LPB case review, references in section 104A and this

Schedule to a local policing body in relation to the carrying out of such a

review are to be read accordingly.

Part 4

General

Different review procedures for different parts of an area

LPB review procedures may make different provision in relation to different

parts of a police area.

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Duty to promote awareness of LPB case reviews

A local policing body must, in such manner as it thinks appropriate,

promote awareness of—

(a)

opportunities in the body’s police area to make applications for LPB

case reviews, and

(b)

the LPB review procedures for such reviews.

Guidance

A local policing body must have regard to guidance issued by the Secretary

of State in exercising functions under section 104A, Schedule 4 or this

Schedule.”

Schedule 4

Section 30

CCE prevention orders on conviction

In Part 11 of the Sentencing Code, after Chapter 2 insert—

Chapter 2A

Child criminal exploitation prevention orders

Making of orders

358A

Power to make child criminal exploitation prevention order

(1)

This section applies where a court is dealing with an offender aged

18 or over for an offence.

(2)

The court may make an order under section 358B (a “CCE prevention

order”) if the following conditions are met.

(3)

The first condition is that—

(a)

the court is satisfied that the offender has engaged in conduct

associated with causing children to engage in criminal

conduct, or

(b)

the offence is an offence under section 17 of the Crime and

Policing Act 2025 (child criminal exploitation).

(4)

The second condition is that the court considers that there is a risk

that the offender will cause children, or any particular children, to

engage in criminal conduct.

(5)

The third condition is that the court considers that it is necessary

to make the order to protect children, or any particular children,

from being caused to engage in criminal conduct.

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(6)

In subsection (3)(a) the reference to conduct “associated with”

causing children to engage in criminal conduct includes in particular

grooming children (or encouraging others to groom children) with

the intention that they will in future engage in criminal conduct.

(7)

In subsection (3) the reference to conduct or an offence includes

conduct or an offence occurring before (as well as after) this section

comes into force.

(8)

For the meaning of “children” and “criminal conduct” see section

358I .

358B

CCE prevention orders

(1)

A CCE prevention order is an order which—

(a)

prohibits the offender from doing anything described in the

order;

(b)

requires the offender to do anything described in the order.

The order may in particular require the offender to comply with

section 358C (notification).

(2)

A court may include a prohibition or requirement only if it considers

it necessary for the purpose of protecting children, or any particular

children, from being caused to engage in criminal conduct.

(3)

Prohibitions and requirements must, so far as practicable, be such

as to avoid—

(a)

any conflict with any religious beliefs of the offender;

(b)

any interference with the times, if any, at which the offender

normally works or attends any educational establishment;

(c)

any conflict with the prohibitions and requirements of any

other court order or injunction to which the offender is

subject.

(4)

A prohibition or requirement applies throughout the United

Kingdom unless expressly limited to a particular area.

(5)

A CCE prevention order must—

(a)

specify the period for which it has effect (which must be at

least five years), or

(b)

state that it has effect until further order.

(6)

A CCE prevention order may specify periods for which particular

prohibitions or requirements have effect.

(7)

Where a court makes a CCE prevention order in respect of an

offender who is already subject to such an order, the earlier order

ceases to have effect.

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358C

Notification requirements

(1)

This section applies where a CCE prevention order requires the

offender to comply with this section.

(2)

Before the end of the period of three days beginning with the day

on which a CCE prevention order requiring the offender to comply

with this section is first served, the offender must notify to the

police—

(a)

the offender's name and, where the offender uses one or

more other names, each of those names, and

(b)

the offender's home address.

(3)

If, while the offender is subject to the order, the offender—

(a)

uses a name which has not been notified under the order,

(b)

changes home address,

the offender must notify, to the police, the new name or the new

home address.

(4)

A notification under subsection (3) must be given before the end of

the period of three days beginning with the day on which the

offender uses the name or changes home address.

(5)

A notification under this section is made by—

(a)

attending at a police station in—

(i)

the offender’s local police area, or

(ii)

the local police area in which the court that made

the order is situated, and

(b)

giving an oral notification to a constable, or to a person

authorised for the purpose by the officer in charge of the

station.

(6)

A notification under this section must be acknowledged in writing.

(7)

In this section “home address” means—

(a)

the address of the offender’s sole or main residence in

England and Wales, or

(b)

where the offender has no such residence, the address or

location of a place in England or Wales where the offender

can regularly be found and, if there is more than one such

place, such one of those places as the offender may select.

(8)

In determining the period of three days mentioned in subsection

(2) or (4), no account is to be taken of any time when the offender

is—

(a)

remanded in or committed to custody by an order of a court

or kept in service custody,

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(b)

serving a sentence of imprisonment or a term of service

detention,

(c)

detained in a hospital, or

(d)

outside the United Kingdom.

Procedure

358D

Procedural powers

(1)

For the purpose of deciding whether to make a CCE prevention

order, the court may consider evidence led by the prosecution and

evidence led by the offender.

(2)

It does not matter whether the evidence would have been admissible

in the proceedings for the offence for which the offender is being

dealt with.

(3)

The court may adjourn any proceedings relating to the making of

a CCE prevention order.

(4)

If the offender does not appear for any adjourned proceedings, the

court may—

(a)

further adjourn the proceedings,

(b)

issue a warrant for the offender’s arrest, or

(c)

hear the proceedings in the offender’s absence.

(5)

The court may act under subsection (4)(b) only if satisfied that the

offender has had adequate notice of the time and place of the

adjourned proceedings.

(6)

The court may act under subsection (4)(c) only if satisfied that the

offender—

(a)

has had adequate notice of the time and place of the

adjourned proceedings, and

(b)

has been informed that if the offender does not appear for

those proceedings, the court may hear the proceedings in

the offender’s absence.

(7)

Nothing in this section limits any other powers of the court.

Variation, discharge and appeals

358E

Variation and discharge of orders

(1)

This section applies where a person mentioned in subsection (2)

applies to a relevant court for the variation or discharge of a CCE

prevention order.

(2)

The persons are—

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(a)

the offender;

(b)

the chief officer of police for the police area in which the

offender lives;

(c)

a chief officer of police who believes that the offender is in,

or is intending to come to, the chief officer’s police area.

(3)

On the application, the court may (after hearing from the applicant

and any other person mentioned in subsection (2) who wishes to

be heard) make any order varying or discharging the order that the

court considers appropriate.

This is subject to subsection (7).

(4)

The power to vary an order includes power to—

(a)

include an additional prohibition or requirement;

(b)

extend the period for which a prohibition or requirement

has effect;

(c)

extend the period for which the order has effect.

(5)

The court may make provision of a kind mentioned in subsection

(4) only if it considers that the provision is necessary to protect

children, or any particular children, from being caused to engage

in criminal behaviour.

(6)

Subsections (3), (4) and (6) of section 358B apply to additional

prohibitions or requirements included on a variation of an order.

(7)

The court may not discharge an order before the end of the period

of five years beginning with the day on which the order was made,

without the consent of the offender and—

(a)

the chief officer of police for the police area in which the

offender lives, or

(b)

where the application is made by a chief officer of police,

that chief officer.

(8)

In this section “relevant court” means—

(a)

where the Crown Court or the Court of Appeal made the

order, the Crown Court;

(b)

in any other case, any magistrates’ court.

358F

Appeals

(1)

A person mentioned in subsection (2) may appeal against a decision

made on an application under section 358E .

(2)

The persons are—

(a)

the person who made the application;

(b)

the offender;

(c)

the chief officer of police for the police area in which the

offender lives;

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(d)

a chief officer of police who believes that the offender is in,

or is intending to come to, the chief officer’s police area.

(3)

An appeal under this section is to be made—

(a)

where the application was made to the Crown Court, to the

Court of Appeal;

(b)

in any other case, to the Crown Court.

(4)

On an appeal under subsection (3)(b), the Crown Court may make—

(a)

such orders as may be necessary to give effect to its

determination of the appeal, and

(b)

such incidental and consequential orders as appear to it to

be appropriate.

Supplementary

358G

Offence of breaching CCE prevention order

(1)

A person who, without reasonable excuse, fails to comply with a

CCE prevention order commits an offence.

(2)

A person who commits an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not

exceeding the general limit in a magistrates’ court or a fine

(or both);

(b)

on conviction on indictment, to imprisonment for a term not

exceeding five years or a fine (or both).

(3)

Where a person is convicted of an offence under this section, it is

not open to the court by or before which the person is convicted to

make, in respect of the offence, an order for conditional discharge.

(4)

In proceedings for an offence under this section, a copy of the

original CCE prevention order, certified by the proper officer of the

court that made it, is admissible as evidence of its having been made

and of its contents to the same extent that oral evidence of those

matters is admissible in those proceedings.

358H

Offence of providing false information

(1)

This section applies where a CCE prevention order requires a person

to comply with section 358C (notification requirements).

(2)

It is an offence for the person, in purported compliance with that

section, to notify to the police any information which the person

knows to be false.

(3)

A person who commits an offence under this section is liable—

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(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).

358I

Interpretation and supplementary provision

(1)

In this Chapter—

“CCE prevention order” means an order under section 358B ;

“children” means persons under the age of 18 (and “child” is

to be construed accordingly);

“criminal conduct” means—

(a)

conduct which constitutes an offence under the law

of England and Wales, or

(b)

conduct which would constitute such an offence if

either or both of the following were the case (insofar

as they are not the case)—

(i)

the conduct occurred in England or Wales;

(ii)

the child were aged 10 or over.

(2)

An application under this Chapter is to be made—

(a)

by complaint, where the application is made to a magistrates’

court;

(b)

in accordance with rules of court, in any other case.

(3)

Section 127 of the Magistrates’ Courts Act 1980 (time limit for

complaints etc) does not apply to a complaint under this Chapter.

(4)

On the hearing of an application under this Chapter, section 97 of

the Magistrates' Courts Act 1980 (summons to witness and warrant

for arrest) does not apply in relation to any person for whose

protection the order is sought, except where the person has given

oral or written evidence at the hearing.”

Schedule 5

Section 32

Control over another’s home for criminal purposes: relevant offences

Part 1

England and Wales

An offence under section 33 or 33A of the Sexual Offences Act 1956 (keeping

a brothel).

Page 168

An offence under section 1 of the Restriction of Offensive Weapons Act

1959 (offences relating to flick knives and gravity knives).

An offence under any of the following provisions of the Firearms Act 1968 —

(a)

section 1 (1) (possession etc of firearms or ammunition without

certificate);

(b)

section 2 (1) (possession etc of shotgun without certificate);

(c)

section 3 (1) (dealing etc in firearms or ammunition without being

registered);

(d)

section 5 (1) , (1A) or (2A) (possession, manufacture etc of prohibited

weapons).

An offence under either of the following provisions of the Theft Act 1968 —

(a)

section 1 (theft);

(b)

section 22 (handling stolen goods).

An offence under any of the following provisions of the Misuse of Drugs

Act 1971 —

(a)

section 4 (2) or (3) (production and supply of controlled drugs);

(b)

section 5 (2) or (3) (possession of controlled drugs, including with

intent to supply to another);

(c)

section 6 (2) (cultivation of cannabis plant).

An offence under section 1 of the Protection of Children Act 1978 (indecent

photographs of children).

An offence under either of the following provisions of the Criminal Justice

Act 1988 —

(a)

section 141 (offensive weapons);

(b)

section 160 (possession of indecent image of child).

An offence under any of the following provisions of the Sexual Offences

Act 2003 —

(a)

any of sections 1 to 15A (rape, sexual assault, child sex offences

etc);

(b)

any of sections 30 to 37 (offences against persons with mental

disorder);

(c)

any of sections 47 to 50 (sexual exploitation of children);

(d)

any of sections 52 to 53A (offences relating to prostitution);

(e)

section 61 (administering a substance with intent);

(f)

any of sections 66 to 67 (exposure, intimate images, voyeurism).

An offence under any of the following provisions of the Fraud Act 2006 —

(a)

section 1 (fraud);

(b)

section 6 (possession etc of article for use in fraud);

(c)

section 7 (making or supplying article for use in fraud).

An offence under section 28 of the Violent Crime Reduction Act 2006 (using

someone to mind a weapon).

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An offence under section 63 of the Criminal Justice and Immigration Act

2008 (possession of extreme pornographic image).

An offence under section 62 of the Coroners and Justice Act 2009 (possession

of prohibited image of child).

An offence under either of the following provisions of the Modern Slavery

Act 2015 —

(a)

section 1 (slavery, servitude or forced or compulsory labour);

(b)

section 2 (human trafficking).

An offence under either of the following provisions of the Serious Crime

Act 2015 —

(a)

section 45 (participating in activities of organised crime group);

(b)

section 69 (possession of paedophile manual).

An offence under any of the following provisions of the Psychoactive

Substances Act 2016 —

(a)

section 4 (producing psychoactive substance);

(b)

section 5 (supplying etc psychoactive substance);

(c)

section 7 (possession of psychoactive substance with intent to

supply).

An offence under section 43 of the Border Security, Asylum and Immigration

Act 2025 (possession etc of article for use in serious crime).

An offence under section 17 of this Act (child criminal exploitation).

An inchoate offence (within the meaning of section 398 (3) of the Sentencing

Code) in relation to an offence mentioned in a preceding paragraph of this

Schedule .

Part 2

Scotland

Theft.

Reset.

Fraud.

Uttering.

Embezzlement.

An offence under section 1 of the Restriction of Offensive Weapons Act

1959 (offences relating to flick knives and gravity knives).

An offence under any of the following provisions of the Firearms Act 1968 —

(a)

section 1 (1) (possession etc of firearms or ammunition without

certificate);

(b)

section 2 (1) (possession etc of shotgun without certificate);

Page 170

(c)

section 3 (1) (dealing etc in firearms or ammunition without being

registered);

(d)

section 5 (1) , (1A) or (2A) (possession, manufacture etc of prohibited

weapons).

An offence under any of the following provisions of the Misuse of Drugs

Act 1971 —

(a)

section 4 (2) or (3) (production and supply of controlled drugs);

(b)

section 5 (2) or (3) (possession of controlled drugs, including with

intent to supply to another);

(c)

section 6 (2) (cultivation of cannabis plant).

An offence under any of the following provisions of the Civic Government

(Scotland) Act 1982 —

(a)

section 51A (extreme pornography);

(b)

section 52 (indecent photographs etc of children);

(c)

section 52A (possession of indecent photographs of children).

An offence under section 141 of the Criminal Justice Act 1988 (offensive

weapons).

An offence under any of the following provisions of the Criminal Law

(Consolidation) (Scotland) Act 1995 —

(a)

section 7 (procuring);

(b)

section 8 (abduction and unlawful detention);

(c)

section 9 (permitting girl to use premises for intercourse);

(d)

section 10 (seduction, prostitution etc of girl under 16);

(e)

section 11 (1) (a) , (4) or (5) (a) (living on earnings of prostitution,

brothel keeping etc);

(f)

section 13 (living on the earnings of male prostitution).

An offence under any of the following provisions of the Protection of

Children and Prevention of Sexual Offences (Scotland) Act 2005 —

(a)

section 1 (meeting a child following certain preliminary contact);

(b)

section 9 (paying for sexual services of a child);

(c)

section 10 (causing or inciting provision of sexual services by child

or child pornography);

(d)

section 11 (controlling a child providing sexual services or involved

in pornography);

(e)

section 12 (arranging or facilitating provision by child of sexual

services or child pornography).

An offence under section 28 of the Violent Crime Reduction Act 2006 (using

someone to mind a weapon).

An offence under Part 1 (rape, sexual assault etc) or Part 4 (offences against

children) of the Sexual Offences (Scotland) Act 2009.

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An offence under either of the following provisions of the Criminal Justice

and Licensing (Scotland) Act 2010 —

(a)

section 28 (involvement in serious organised crime);

(b)

section 30 (directing serious organised crime).

An offence under either of the following provisions of the Air Weapons

and Licensing (Scotland) Act 2015 —

(a)

section 2 (1) (possession etc of air weapon without certificate);

(b)

section 24 (1) (dealing etc in air weapons without being registered).

An offence under either of the following provisions of the Human

Trafficking and Exploitation (Scotland) Act 2015 —

(a)

section 1 (offence of human trafficking);

(b)

section 4 (slavery, servitude and forced or compulsory labour).

An offence under any of the following provisions of the Psychoactive

Substances Act 2016 —

(a)

section 4 (producing psychoactive substance);

(b)

section 5 (supplying etc psychoactive substance);

(c)

section 7 (possession of psychoactive substance with intent to

supply).

An offence under section 2 of the Abusive Behaviour and Sexual Harm

(Scotland) Act 2016 (disclosing or threatening to disclose an intimate

photograph or film).

An offence under section 43 of the Border Security, Asylum and Immigration

Act 2025 (possession etc of article for use in serious crime).

Attempting or conspiring to commit an offence specified in this Part of this

Schedule (a “relevant offence”).

Inciting a person to commit a relevant offence.

Aiding, abetting, counselling or procuring the commission of a relevant

offence, or being involved art and part in the commission of such an offence.

Part 3

Northern Ireland

An offence under either of the following provisions of the Theft Act

(Northern Ireland) 1969 —

(a)

section 1 (theft);

(b)

section 21 (handling stolen goods).

An offence under any of the following provisions of the Misuse of Drugs

Act 1971 —

(a)

section 4 (2) or (3) (production and supply of controlled drugs);

(b)

section 5 (2) or (3) (possession of controlled drugs, including with

intent to supply to another);

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(c)

section 6 (2) (cultivation of cannabis plant).

An offence under Article 3 of the Protection of Children (Northern Ireland)

Order 1978 (indecent photographs of children).

An offence under section 141 of the Criminal Justice Act 1988 (offensive

weapons).

An offence under Article 15 of the Criminal Justice (Evidence, Etc.)

(Northern Ireland) Order 1988 (possession of indecent photograph of child) .

An offence under Article 53 of the Criminal Justice (Northern Ireland)

Order 1996 (manufacture or sale etc of certain knives).

An offence under any of the following provisions of the Firearms (Northern

Ireland) Order 2004 —

(a)

Article 3 (1) or (2) (possession etc of firearm or ammunition without

certificate);

(b)

Article 24 (1) (dealing etc in firearms or ammunition without

certificate);

(c)

Article 45 (1) or (2) (weapons subject to general prohibition).

An offence under any of the following provisions of the Fraud Act 2006 —

(a)

section 1 (fraud);

(b)

section 6 (possession etc of article for use in fraud);

(c)

section 7 (making or supplying article for use in fraud).

An offence under section 63 of the Criminal Justice and Immigration Act

2008 (possession of extreme pornographic image).

An offence under any of the following provisions of the Sexual Offences

(Northern Ireland) Order 2008 —

(a)

any of Articles 5 to 22E (rape, sexual assault, child sex offences etc);

(b)

any of Articles 37 to 40 (abuse of children under 18: payment for

sexual services and involvement in indecent images);

(c)

any of Articles 43 to 50 (offences against persons with a mental

disorder);

(d)

any of Articles 62 to 64A (exploitation of prostitution);

(e)

Article 65 (administering a substance with intent);

(f)

Article 70 , 71 or 72A (exposure, voyeurism, sending etc. unwanted

sexual image).

An offence under section 62 of the Coroners and Justice Act 2009 (possession

of prohibited image of child).

An offence under either of the following provisions of the Human

Trafficking and Exploitation (Criminal Justice and Support for Victims) Act

(Northern Ireland) 2015 —

(a)

section 1 (slavery, servitude and forced or compulsory labour);

(b)

section 2 (human trafficking).

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An offence under section 69 of the Serious Crime Act 2015 (possession of

paedophile manual).

An offence under any of the following provisions of the Psychoactive

Substances Act 2016 —

(a)

section 4 (producing psychoactive substance);

(b)

section 5 (supplying etc psychoactive substance);

(c)

section 7 (possession of psychoactive substance with intent to

supply).

An offence under paragraph 1 of Schedule 2 to the Violent Crime Reduction

Act 2006 (using someone to mind a weapon).

An offence under section 51 of the Justice Act (Northern Ireland) 2016

(disclosing private sexual photographs and films with intent to cause

distress).

An offence under section 43 of the Border Security, Asylum and Immigration

Act 2025 (possession etc of article for use in serious crime).

An attempt or conspiracy to commit an offence mentioned in a preceding

paragraph of this Part of this Schedule (“a relevant offence”).

An offence under Part 2 of the Serious Crime Act 2007 in relation to a

relevant offence.

Schedule 6

Section 38

Online facilitation of child sexual exploitation and abuse: specified offences

Part 1

England and Wales

An offence under any of—

(a)

section 1 of the Protection of Children Act 1978 (taking etc indecent

photograph of child);

(b)

section 160 of the Criminal Justice Act 1988 (possession of indecent

photograph of child);

(c)

the following provisions of the Sexual Offences Act 2003 —

(i)

sections 5 to 8 (rape and other offences against children

under 13);

(ii)

sections 9 to 15A (other child sex offences);

(iii)

sections 16 to 19 (abuse of position of trust);

(iv)

sections 25 and 26 (familial child sex offences);

(v)

section 46A (child sexual abuse image-generators);

(vi)

sections 47 to 50 (sexual exploitation of children);

Page 174

(d)

section 62 of the Coroners and Justice Act 2009 (possession of

prohibited image of child);

(e)

section 69 of the Serious Crime Act 2015 (possession of paedophile

manual).

An offence under any of the following provisions of the Sexual Offences

Act 2003 where the victim, or intended victim, was aged under 18—

(a)

sections 1 to 4 (rape, assault and causing sexual activity without

consent);

(b)

sections 30 to 41 (sexual offences relating to persons with mental

disorder);

(c)

sections 61 to 63 (preparatory offences);

(d)

sections 66 to 66B , 67 and 67A (exposure and voyeurism).

An offence under section 2 of the Modern Slavery Act 2015 (human

trafficking) against a person aged under 18, committed with a view to

exploitation that consists of or includes behaviour within section 3 (3) of

that Act (sexual exploitation).

An inchoate offence (within the meaning given by section 398 of the

Sentencing Code) in relation to an offence specified in paragraph 1 , 2 or

3 .

Part 2

Scotland

An offence under any of—

(a)

sections 51 , 51A , 52 and 52A of the Civic Government (Scotland)

Act 1982 (obscene material, extreme pornography and indecent

photographs of children);

(b)

sections 1 and 9 to 12 of the Protection of Children and Prevention

of Sexual Offences (Scotland) Act 2005 (asp 9) (meeting a child

following certain preliminary contact, sexual services of children

and child pornography);

(c)

the following provisions of the Sexual Offences (Scotland) Act 2009

(asp 9)—

(i)

Part 4 (children);

(ii)

section 42 (sexual abuse of trust).

An offence under any of the following provisions of the Sexual Offences

(Scotland) Act 2009 (asp 9) where the victim, or intended victim, was aged

under 18—

(a)

Part 1 (rape etc);

(b)

section 46 (sexual abuse of trust of a mentally disordered person).

Attempting or conspiring to commit an offence specified in paragraph 5

or 6 .

Page 175

Inciting a person to commit an offence specified in paragraph 5 or 6 .

Aiding, abetting, counselling or procuring the commission of an offence

specified in paragraph 5 or 6 , or being involved art and part in the

commission of such an offence.

Part 3

Northern Ireland

An offence under any of—

(a)

Article 3 of the Protection of Children (Northern Ireland) Order

1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children);

(b)

Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland)

Order 1988 (S.I. 1988/1847 (N.I. 17)) (possession of indecent

photographs of children);

(c)

the following provisions of the Sexual Offences (Northern Ireland)

Order 2008 (S.I. 2008/1769 (N.I. 2))—

(i)

Articles 12 to 15 (rape and other offences against children

under 13);

(ii)

Articles 16 to 22E (child sex offences);

(iii)

Articles 23 to 26 (abuse of position of trust);

(iv)

Articles 32 and 33 (familial child sex offences);

(v)

Articles 37 to 40 (sexual offences against children);

(d)

section 62 of the Coroners and Justice Act 2009 (possession of

prohibited image of child);

(e)

section 69 of the Serious Crime Act 2015 (possession of paedophile

manual).

An offence under any of the following provisions of the Sexual Offences

(Northern Ireland) Order 2008 where the victim, or intended victim, was

aged under 18—

(a)

Articles 5 to 8 (rape, assault and causing sexual activity without

consent);

(b)

Part 4 (sexual offences against a person with a mental disorder);

(c)

Articles 65 to 67 (preparatory offences);

(d)

Articles 70 to 71B (exposure and voyeurism);

(e)

Article 72A (sending etc an unwanted sexual image).

An offence under section 2 of the Human Trafficking and Exploitation

(Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c.

2 (N.I.)) (human trafficking) against a person aged under 18, committed

with a view to exploitation that consists of or includes behaviour within

section 3 (3) of that Act (sexual exploitation).

An attempt or conspiracy to commit an offence specified in paragraph 10 ,

11 or 12 .

Page 176

An offence under Part 2 of the Serious Crime Act 2007 in relation to an

offence specified in paragraph 10 , 11 or 12 .

Schedule 7

Section 45

Duty to report child sex offences: child sex offences and further relevant

activities

Part 1

Child sex offences

An offence under any of—

(a)

section 1 of the Protection of Children Act 1978 (taking etc indecent

photograph of child);

(b)

section 160 of the Criminal Justice Act 1988 (possession of indecent

photograph of child);

(c)

the following provisions of the Sexual Offences Act 2003—

(i)

sections 5 to 8 (rape and other offences against children

under 13);

(ii)

sections 9 to 15A (other child sex offences);

(iii)

sections 16 to 19 (abuse of position of trust);

(iv)

sections 25 and 26 (familial child sex offences);

(v)

sections 47 to 50 (sexual exploitation of children);

(d)

section 62 of the Coroners and Justice Act 2009 (possession of

prohibited image of child).

An offence under any of the following provisions of the Sexual Offences

Act 2003 where the victim, or intended victim, was a child—

(a)

sections 1 to 4 (rape, assault and causing sexual activity without

consent);

(b)

sections 30 to 41 (sexual offences relating to persons with mental

disorder);

(c)

sections 61 to 63 (preparatory offences);

(d)

sections 66 to 67A (exposure and voyeurism).

An offence under section 2 of the Modern Slavery Act 2015 (human

trafficking) against a child, committed with a view to exploitation that

consists of or includes behaviour within section 3 (3) of that Act (sexual

exploitation).

An inchoate offence (within the meaning given by section 398 of the

Sentencing Code) in relation to an offence referred to in paragraph 1 , 2 or

3 .

An offence under the law of Scotland, Northern Ireland or any country or

territory outside the United Kingdom which would be an offence referred

Page 177

to in a preceding provision of this Part of this Schedule if the conduct

constituting the offence occurred in England and Wales.

Part 2

Further relevant activities

Engaging in the provision of a service to a child under, or pursuant to

anything done under—

(a)

any of sections 8 to 10 of the Employment and Training Act 1973,

(b)

section 68, 70(1)(b) or 74 of the Education and Skills Act 2008,

if that involves looking after the child on an individual basis.

Activities of a person in the exercise of functions of a local authority under

section 20 or 21 of the Children Act 1989, if the person has regular

unsupervised contact with the child concerned in the course of those

activities.

Activities of a person relating to them reporting to the court under section

7 of the Children Act 1989 on matters relating to the welfare of a child, if

the person has regular unsupervised contact with the child in the course

of those activities.

Activities of a person in connection with a placement under section 22C(5)

of the Children Act 1989, if the person looks after the child concerned on

an individual basis in the course of those activities.

Activities of a person in connection with providing a child with, or

maintaining a child in, suitable accommodation under section 23B(8)(b) of

the Children Act 1989, if the person looks after the child on an individual

basis in the course of those activities.

Acting as a personal advisor for a child under section 23B(2) of, or

paragraph 19C of Schedule 2 to, the Children Act 1989, if that involves

looking after the child on an individual basis when so acting.

Activities of a person in connection with the provision of accommodation

for a child by a voluntary organisation under section 59 of the Children

Act 1989, if the person looks after the child on an individual basis in the

course of those activities.

Activities of a person in the exercise of functions conferred by virtue of a

care order, supervision order or education supervision order, if the person

looks after the child concerned on an individual basis in the course of those

activities.

Activities of a person so far as acting as—

(a)

an officer appointed for a child under section 41(1) of the Children

Act 1989,

(b)

a guardian of a child appointed under rule 6 or rule 18 of the

Adoption Rules 1984 (S.I. 1984/265),

Page 178

(c)

a guardian ad litem of a child appointed under rule 9.5 of the Family

Proceedings Rules 1991 (S.I. 1991/1247), or

(d)

a guardian of a child appointed under rule 59 of the Family

Procedure (Adoption) Rules 2005 (S.I. 2005/2795) or rule 16.3(1)(ii)

or rule 16.4 of the Family Procedure Rules 2010 (S.I. 2010/2955),

if the person has regular unsupervised contact with the child in the course

of those activities.

Activities of a person pursuant to requirements imposed on a child—

(a)

by or under an enactment on the child’s release from detention for

a criminal offence, or

(b)

by a court order made in criminal proceedings,

if the person looks after the child on an individual basis in the course of

those activities.

Activities of a constable of a relevant police force carried out in connection

with their holding of that office.

Activities of a person in connection with training, supervising or instructing

a child for the purposes of a religion or belief, if the person has regular

unsupervised contact with the child in the course of those activities.

For the purposes of this Part of this Schedule, a person “looks after a child

an individual basis” if—

(a)

the person is regularly involved in caring for, training or supervising

the child, and

(b)

in the course of the person’s involvement, the person has regular

unsupervised contact with the child.

In this Part of this Schedule—

“care order” has the same meaning as in the Children Act 1989;

“education supervision order” has the meaning given by section 36 of

the Children Act 1989;

“regular unsupervised contact” means any kind of regular unsupervised

contact (whether or not the contact is face to face);

“relevant police force” means—

(a)

a police force maintained for a police area in England,

(b)

the British Transport Police Force, or

(c)

the Ministry of Defence police;

“supervision order” has the meaning given by section 31(11) of the

Children Act 1989.

Page 179

Schedule 8

Section 56

Offences relating to intimate photographs or films and voyeurism

Part 1

Amendments of the Sexual Offences Act 2003

The Sexual Offences Act 2003 is amended as follows.

After section 66A insert—

“66AA

Taking or recording intimate photograph or film

(1)

A person (A) commits an offence if—

(a)

A intentionally takes a photograph, or records a film, which

shows another person (B) in an intimate state,

(b)

B does not consent to the taking or recording of the

photograph or film, and

(c)

A does not reasonably believe that B consents.

(2)

A person (A) commits an offence if—

(a)

A intentionally takes a photograph, or records a film, which

shows another person (B) in an intimate state,

(b)

A does so with the intention of causing B alarm, distress or

humiliation, and

(c)

B does not consent to the taking or recording of the

photograph or film.

(3)

A person (A) commits an offence if—

(a)

A intentionally takes a photograph, or records a film, which

shows another person (B) in an intimate state,

(b)

A does so for the purpose of A or another person obtaining

sexual gratification,

(c)

B does not consent to the taking or recording of the

photograph or film, and

(d)

A does not reasonably believe that B consents.

(4)

Subsections (1) to (3) are subject to section 66AB (exemptions).

(5)

It is a defence for a person charged with an offence under subsection

(1) to prove that the person had a reasonable excuse for taking the

photograph or recording the film.

(6)

Sections 75 and 76 apply to an offence under this section.

(7)

A person who commits an offence under subsection (1) is liable on

summary conviction to imprisonment for a term not exceeding the

maximum term for summary offences or a fine (or both).

Page 180

(8)

A person who commits an offence under subsection (2) or (3) is

liable—

(a)

on summary conviction, to imprisonment for a term not

exceeding the general limit in a magistrates’ court or a fine

(or both);

(b)

on conviction on indictment, to imprisonment for a term not

exceeding 2 years.

(9)

If on the trial of a person charged with an offence under subsection

(2) or (3) a magistrates’ court or jury finds the person not guilty of

the offence charged, the magistrates’ court or jury may find the

person guilty of an offence under subsection (1) .

(10)

The Crown Court has the same powers and duties in relation to a

person who is by virtue of subsection (9) convicted before it of an

offence under subsection (1) as a magistrates’ court would have on

convicting the person of the offence.

66AB

Taking or recording intimate photograph or film: exemptions

(1)

A person (A) who takes a photograph, or records a film, which

shows another person (B) in an intimate state does not commit an

offence under section 66AA (1) , (2) or (3) if—

(a)

the photograph or film is, or A reasonably believes that it

is, taken or recorded in a place to which the public or a

section of the public have or are permitted to have access

(whether on payment or otherwise),

(b)

B has no reasonable expectation of privacy from the

photograph or film being taken or recorded, and

(c)

B is, or A reasonably believes that B is, in the intimate state

voluntarily.

(2)

For the purposes of subsection (1) (b) , whether a person has a

reasonable expectation of privacy from a photograph or film being

taken or recorded is to be determined by reference to the

circumstances that the person taking the photograph or recording

the film reasonably believes to exist at the time the photograph or

film is taken or recorded.

(3)

A person (A) who takes a photograph, or records a film, which

shows another person (B) in an intimate state does not commit an

offence under section 66AA (1) if—

(a)

B is a person under 16,

(b)

B lacks, or A reasonably believes that B lacks, capacity to

consent to the taking or recording of the photograph or film,

and

(c)

the photograph or film is taken or recorded—

Page 181

(i)

by a healthcare professional acting in that capacity,

(ii)

otherwise in connection with the care or treatment

of B by a healthcare professional.

(4)

A person (A) who takes a photograph, or records a film, which

shows a child in an intimate state does not commit an offence under

section 66AA (1) if—

(a)

A is—

(i)

a member of the child’s family, or

(ii)

a friend of the child or the child’s family, and

(b)

the photograph or film is of a kind ordinarily taken or

recorded by such a person.

66AC

Installing etc. equipment to enable taking or recording of intimate

photograph or film

(1)

A person (A) commits an offence if A instals, adapts, prepares or

maintains equipment with the intention of enabling A or another

person to commit an offence under section 66AA (1) .

(2)

A person (A) commits an offence if A instals, adapts, prepares or

maintains equipment with the intention of enabling A or another

person to commit an offence under section 66AA (2) or (3) .

(3)

A person who commits an offence under subsection (1) is liable on

summary conviction to imprisonment for a term not exceeding the

maximum term for summary offences or a fine (or both).

(4)

A person who commits an offence under subsection (2) is liable—

(a)

on summary conviction, to imprisonment for a term not

exceeding the general limit in a magistrates’ court or a fine

(or both);

(b)

on conviction on indictment, to imprisonment for a term not

exceeding 2 years.

(5)

If on the trial of a person charged with an offence under subsection

(2) a magistrates’ court or jury finds the person not guilty of the

offence charged, the magistrates’ court or jury may find the person

guilty of an offence under subsection (1) .

(6)

The Crown Court has the same powers and duties in relation to a

person who is by virtue of subsection (5) convicted before it of an

offence under subsection (1) as a magistrates’ court would have on

convicting the person of the offence.”

(1)

Section 66B (sharing or threatening to share intimate photograph or film)

is amended as follows.

Page 182

(2)

After subsection (5) insert—

“(5A)

Section 76 applies to an offence under subsection (1), (2) or (3).”

(3)

Omit subsections (6) and (11).

In section 66C (sharing or threatening to share intimate photograph or film:

exemptions)—

(a)

in subsection (1)—

(i)

in paragraph (a), for “taken” substitute “, or A reasonably

believes that it was, taken or recorded”, and

(ii)

in paragraph (b), after “taken” insert “or recorded”, and

(b)

in subsection (2), after “taken” (in both places) insert “or recorded”.

(1)

Section 66D (sharing or threatening to share intimate photograph or film:

interpretation) is amended as follows.

(2)

In subsection (1), for “66B and” substitute “ 66AA to”.

(3)

For subsection (4) substitute—

“(4)

“Photograph” includes the negative as well as the positive version.

(4A)

“Film” means a moving image.

(4B)

For the purposes of sections 66B and 66C, references to a photograph

or film also include—

(a)

an image, whether made or altered by computer graphics

or in any other way, which appears to be a photograph or

film,

(b)

a copy of a photograph, film or image within paragraph (a)

, and

(c)

data stored by any means which is capable of conversion

into a photograph, film or image within paragraph (a) .”

(4)

After subsection (9) insert—

“(10)

For the purposes of section 66AA (1) to (3) , 66B(1) to (3) and

66C(3)(b)—

(a)

“consent” to the taking, recording or sharing of a photograph

or film includes general consent covering the particular act

of taking, recording or sharing as well as specific consent to

the particular act of taking, recording or sharing, and

(b)

whether a belief is reasonable is to be determined having

regard to all the circumstances including any steps A has

taken to ascertain whether B consents.”

(5)

For the heading, substitute “Sections 66AA to 66C: interpretation”.

In section 67 (voyeurism), omit subsection (3).

In section 67A (voyeurism: additional offences)—

(a)

omit subsection (2), and

Page 183

(b)

after subsection (3B) insert—

“(3C)

Section 76 applies to an offence under subsection (2B).”

(1)

Section 77 (sections 75 and 76: relevant acts) is amended as follows.

(2)

For “sections 75 and 76 apply” substitute “section 75 or 76 applies”.

(3)

For “those sections” substitute “that section”.

(4)

In the table, after the last row insert—

“An offence under section

The defendant intentionally taking a

66AA (1) , (2) or (3) (taking or

photograph, or recording a film, which

recording an intimate

shows another person (“the

photograph or film)

complainant”) in an intimate state.

An offence under section 66B(1),

The defendant intentionally sharing a

(2) or (3) (sharing an intimate

photograph or film which shows, or

photograph or film)

appears to show, another person (“the

complainant”) in an intimate state.

An offence under section

The defendant recording an image of

67A(2B) (voyeurism: recording

another (“the complainant”) while the

image of person breast-feeding

complainant is breast-feeding a child.”

a child)

In section 78 (meaning of “sexual”), for “66B” substitute “ 66AA ”.

In section 79 (Part 1: general interpretation), after subsection (10) insert—

“(11)

The “maximum term for summary offences”, in relation to an

offence, means—

(a)

if the offence is committed before the time when section

281(5) of the Criminal Justice Act 2003 comes into force, six

months;

(b)

if the offence is committed after that time, 51 weeks.”

In section 136A(3A) (specified child sex offences), in paragraph (c), after

“66A,” insert “ 66AA (2) and (3) , 66AC (2) ,”.

In Schedule 2 (sexual offences to which section 72(1) to (3) applies), in

paragraph 1(a), for “and 47 to 50” substitute “, 47 to 50, 66AA (2) and (3)

, and 66B(2), (3) and (4)”.

In Schedule 3 (sexual offences for purposes of Part 2), after paragraph 33A

insert—

“33AA

An offence under section 66AA (3) of this Act (taking or recording

intimate photograph or film for purpose of obtaining sexual

gratification) if—

Page 184

(a)

where the offender was under 18, the offender is or has

been sentenced in respect of the offence to imprisonment

for a term of at least 12 months;

(b)

in any other case—

(i)

the victim was under 18, or

(ii)

the offender, in respect of the offence or finding,

is or has been—

(A)

sentenced to a term of imprisonment,

(B)

detained in a hospital, or

(C)

made the subject of a community

sentence of at least 12 months.

33AB

(1)

An offence under section 66AC (2) of this Act (installing etc.

equipment to enable taking or recording of intimate photograph

or film) if—

(a)

the offence was committed with the intention of enabling

an offence to be committed under section 66AA (3) of this

Act (taking or recording intimate photograph or film for

purpose of obtaining sexual gratification), and

(b)

sub-paragraph (2) applies.

(2)

This sub-paragraph applies if—

(a)

where the offender was under 18, the offender is or has

been sentenced in respect of the offence to imprisonment

for a term of at least 12 months;

(b)

in any other case—

(i)

the victim was under 18, or

(ii)

the offender, in respect of the offence or finding,

is or has been—

(A)

sentenced to a term of imprisonment,

(B)

detained in a hospital, or

(C)

made the subject of a community

sentence of at least 12 months.”

Part 2

Further amendments in connection with offences

Children and Young Persons Act 1933 (c. 12)

In Schedule 1 to the Children and Young Persons Act 1933 (offences against

children and young persons with respect to which special provisions of

Act apply), in the first entry relating to the Sexual Offences Act 2003, after

“66A,” insert “ 66AA , 66AC ,”.

Page 185

Police and Criminal Evidence Act 1984 (c. 60)

In section 65A of the Police and Criminal Evidence Act 1984 (“qualifying

offences” for the purposes of Part 5 of that Act), in subsection (2)(p) after

“66A,” insert “ 66AA (2) and (3) , 66AC (2) ,”.

Criminal Justice Act 2003 (c. 44)

(1)

The Criminal Justice Act 2003 is amended as follows.

(2)

In Part 2 of Schedule 15 (specified sexual offences for purposes of section

325), after paragraph 149A insert—

“149AA

An offence under section 66AA (2) or (3) of that Act (taking or

recording intimate photograph or film with intent to cause alarm,

distress or humiliation or for purpose of obtaining sexual

gratification).

149AB

An offence under section 66AC (2) of that Act (installing etc.

equipment to enable taking or recording of intimate photograph

or film with intent to cause alarm, distress or humiliation or for

purpose of obtaining sexual gratification).”

(3)

In Schedule 34A (child sex offences for purposes of section 327A), in

paragraph 10—

(a)

after “66A,” insert “ 66AA (2) or (3) , 66AC (2) ,”, and

(b)

for the words from “(exposure” to “voyeurism)” substitute “(offences

relating to exposure, voyeurism and intimate photographs or films)”.

Armed Forces Act 2006 (c. 52)

In the Armed Forces Act 2006, after section 177D insert—

“177DA

Photographs and films to be treated as used for purpose of certain

offences

(1)

This section applies where a person commits an offence under

section 42 as respects which the corresponding offence under the

law of England and Wales is an offence under section 66AA (1) , (2)

or (3) of the Sexual Offences Act 2003 (taking or recording of

intimate photograph or film).

(2)

The photograph or film to which the offence relates, and anything

containing it, is to be regarded for the purposes of section 177C(3)

(and section 94A(3)(b)(ii)) as used for the purpose of committing

the offence (including where it is committed by aiding, abetting,

counselling or procuring).”

Page 186

Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)

In section 116 of the Anti-social Behaviour, Crime and Policing Act 2014

(information about guests at hotels believed to be used for child sexual

exploitation), in subsection (8)(c)—

(a)

after “66A,” insert “ 66AA (2) and (3) , 66AC (2) ,”, and

(b)

for the words from “(exposure” to “voyeurism)” substitute “(offences

relating to exposure, voyeurism and intimate photographs or films)”.

Modern Slavery Act 2015 (c. 30)

In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence

in section 45 does not apply), in paragraph 33, after the entry for section

66A insert—

“section 66AA (2) (taking or recording intimate photograph or film

with intent to cause alarm, distress or humiliation)

section 66AA (3) (taking or recording intimate photograph or film

for purpose of obtaining sexual gratification)

section 66AC (2) (installing etc. equipment to enable taking or

recording of intimate photograph or film with intent to cause alarm,

distress or humiliation or for purpose of obtaining sexual

gratification)”.

Sentencing Code

(1)

The Sentencing Code is amended as follows.

(2)

After section 154 insert—

“154ZA

Photographs and films to be treated as used for purpose of certain

offences

(1)

This section applies where a person commits an offence under

section 66AA (1) , (2) or (3) of the Sexual Offences Act 2003 (taking

or recording of intimate photograph or film).

(2)

The photograph or film to which the offence relates, and anything

containing it, is to be regarded for the purposes of section 153 (and

section 157(3)(b)) as used for the purpose of committing the offence

(including where it is committed by aiding, abetting, counselling

or procuring).”

(3)

In Part 2 of Schedule 18 (specified sexual offences for purposes of section

306), in paragraph 38, after sub-paragraph (axa) insert—

“(axaa)

section 66AA (2) (taking or recording intimate photograph

or film with intent to cause alarm, distress or humiliation);

(axab)

section 66AA (3) (taking or recording intimate photograph

or film for purpose of obtaining sexual gratification);

Page 187

(axac)

section 66AC (2) (installing etc. equipment to enable taking

or recording of intimate photograph or film with intent to

cause alarm, distress or humiliation or for purpose of

obtaining sexual gratification);”.

Schedule 9

Section 68

Management of sex offenders: minor and consequential amendments

The Sexual Offences Act 2003 is amended as follows.

(1)

Section 84 (notification requirements: changes) is amended as follows.

(2)

In subsection (1) —

(a)

omit paragraph (a) ;

(b)

omit “that name,”.

(3)

In subsection (2) , omit “the name is used,”.

In section 85 (periodic notification)—

(a)

in subsection (1) , after “under section” insert “83A or”;

(b)

in subsection (2) (b) , after “83(1)” insert “, 83A”;

(c)

in subsection (6) , after “83(1)” insert “, 83A”.

In section 85A (notification requirements: absence from notified address)—

(a)

in subsection (1) , after “83(1)” insert “, 83A”;

(b)

in the heading, at the end insert “(Northern Ireland)”.

(1)

Section 87 (method of notification and related matters) is amended as

follows.

(2)

In subsection (1) —

(a)

for the words from “section” to “by” substitute “section 83(1), 83A

, 84, 85(1), 85A(2) or (6), 85ZA or 86B by”;

(b)

in the paragraph (a) inserted by section 168 (2) of the Police, Crime,

Sentencing and Courts Act 2022 ), for “local”, in both places,

substitute “relevant”;

(c)

after paragraph (b) insert “(subject to section 87A)”.

(3)

In the subsection (2A) inserted by section 168 (3) of the Police, Crime,

Sentencing and Courts Act 2022 , for “under section 83(1), 84(1) or 85(1)”

substitute “of the kind mentioned in subsection (1)”.

(4)

In subsection (4) , for the words from “Where” to “offender” substitute “If

the police station at which the relevant offender attends is in England,

Wales or Northern Ireland, the offender”.

(5)

In subsections (5A) and (5B) , for the words from “Where” to “offender”

substitute “If the police station at which the relevant offender attends is in

Scotland, the offender”.

Page 188

(6)

Omit subsection (5C) .

(1)

Section 88 (interpretation of section 87) is amended as follows.

(2)

In the heading, for “Section 87” substitute “Sections 87 to 87B ”.

(3)

For subsection (1) substitute—

“(1)

This section applies for the purposes of sections 87 to 87B .”

(4)

After subsection (1) insert—

“(1A)

“Passport” has the meaning given by section 83(8).”

(5)

Omit subsections (3) to (5) .

(6)

After subsection (5) insert—

“(6)

“Relevant police area” means, in relation to a person—

(a)

the police area in which the person’s home address is

situated;

(b)

in the absence of a home address, the police area in which

the home address last notified is situated;

(c)

in the absence of a home address and of any such

notification, the police area in which the court which last

dealt with the person in a way mentioned in subsection (7)

is situated.

(7)

The ways are—

(a)

dealing with a person in respect of an offence listed in

Schedule 3 or a finding in relation to such an offence;

(b)

dealing with a person in respect of an offence under section

128 or a finding in relation to such an offence;

(c)

making, in respect of a person, an order of any of the kinds

mentioned in subsection (8) .

(8)

The orders are—

(a)

a notification order or interim notification order;

(b)

a sexual harm prevention order or interim sexual harm

prevention order;

(c)

a sexual offences prevention order or interim sexual offences

prevention order;

(d)

an order under section 2 , 2A or 20 of the Crime and Disorder

Act 1998 (c. 37) (sex offender orders and interim orders made

in England and Wales or Scotland);

(e)

an order under article 6 or 6A of the Criminal Justice

(Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex

offender orders and interim orders made in Northern

Ireland);

Page 189

(f)

an order under section 11 , 12 or 21 of the Abusive Behaviour

and Sexual Harm (Scotland) Act 2016 (asp 22) (sexual harm

prevention orders made in Scotland);

(g)

an order under Chapter 2 of Part 11 of the Sentencing Code

(sexual harm prevention orders on conviction).

(9)

In subsection (7) “finding” in relation to an offence means—

(a)

a finding of not guilty of the offence by reason of insanity,

(b)

a finding that the person was under a disability and did the

act or omission charged against the person in respect of the

offence.

(10)

For the references to police area in subsection (6) —

(a)

in relation to Scotland, see Schedule 1 to the Interpretation

Act 1978 ;

(b)

in relation to Northern Ireland, see section 136(3).”

In section 88I (2) (discharge from indefinite notification requirements in

England and Wales or Northern Ireland has effect in Scotland) for the

words from “legislation which” to the end substitute—

“(a)

sections 91A to 91F (discharge from indefinite notification

requirements in England and Wales);

(b)

Schedule 3A (discharge from indefinite notification

requirements in Northern Ireland).”

(1)

Section 91 (offences relating to notification) is amended as follows.

(2)

For subsection (1) substitute—

“(1)

A person (“P”) commits an offence if P—

(a)

fails, without reasonable excuse, to comply with—

(i)

section 83(1);

(ii)

section 83A (1) , (2) , (5) or (7) (b) ;

(iii)

section 84(1) or (4)(b);

(iv)

section 85(1);

(v)

section 86B (1) or (6) (b) ;

(vi)

section 89(2)(b);

(vii)

any requirement imposed by regulations under

section 86(1);

(b)

notifies to the police any information which P knows to be

false in purported compliance with—

(i)

section 83(1);

(ii)

section 83A (1) , (2) or (5) ;

(iii)

section 84(1);

(iv)

section 85(1);

(v)

section 86B (1) ;

Page 190

(vi)

any requirement imposed by regulations under

section 86(1).

(1A)

A person (“P”) commits an offence under the law of England and

Wales if P—

(a)

fails, without reasonable excuse, to comply with—

(i)

section 85ZA (2) or (6) ;

(ii)

section 87(4);

(iii)

section 96ZB(3)(b);

(b)

notifies to the police any information which P knows to be

false in purported compliance with section 85ZA (2) or (6) .

(1B)

A person (“P”) commits an offence under the law of Scotland if P—

(a)

fails, without reasonable excuse, to comply with—

(i)

section 85ZA (2) or (6) ;

(ii)

section 87(5A) or (5B);

(b)

notifies to the police any information which P knows to be

false in purported compliance with section 85ZA (2) or (6) .

(1C)

A person (“P”) commits an offence under the law of Northern

Ireland if P—

(a)

fails, without reasonable excuse, to comply with—

(i)

section 85A(2) or (6);

(ii)

section 87(4);

(b)

notifies to the police any information which P knows to be

false in purported compliance with section 85A(2) or (6).”

(3)

For subsection (2) substitute—

“(2)

A person who commits an offence under this section is liable—

(a)

on summary conviction in England or Wales, to

imprisonment for a term not exceeding the general limit in

a magistrates’ court or a fine (or both);

(b)

on summary conviction in Scotland, to imprisonment for a

term not exceeding 12 months or a fine not exceeding the

statutory maximum (or both);

(c)

on summary conviction in Northern Ireland, to imprisonment

for a term not exceeding six months or a fine not exceeding

the statutory maximum (or both);

(d)

on conviction on indictment, to imprisonment for a term not

exceeding 5 years or a fine (or both).”

(4)

In subsection (3) —

(a)

for “paragraph (a) of subsection (1)” substitute “subsection (1) (a) ,

(1A) (a) , (1B) (a) or (1C) (a) ”;

(b)

for the words from “section 83(1)” to “86(1)” substitute “a relevant

requirement”.

Page 191

(c)

for “subsection (1)”, in the second place, substitute “those

subsections”.

(5)

After subsection (3) insert—

“(3A)

In subsection (3) “relevant requirement” means—

(a)

in relation to an offence under subsection (1) (a) , a

requirement imposed by—

(i)

section 83(1);

(ii)

section 83A (1) , (2) and (5) ;

(iii)

section 84(1);

(iv)

section 85(1);

(v)

section 86B (1) ;

(vi)

regulations under section 86(1);

(b)

in relation to an offence under subsection (1A) (a) or (1B) (a)

, a requirement imposed by section 85ZA (2) or (6) ;

(c)

in relation to an offence under subsection (1C) (a) , a

requirement imposed by section 85A(2) or (6).”

(1)

Section 91A (review of indefinite notification requirements: qualifying

relevant offender) is amended as follows.

(2)

In subsection (2) after “review” insert “or the relevant chief officer of police

begins an own motion review”.

(3)

In subsections (4) and (5) , after “under section” insert “83A,”.

(4)

In subsection (7) after “review” insert “or the relevant chief officer of police

begins an own motion review”.

(1)

Section 91B (review of indefinite notification requirements: application for

review and qualifying dates) is amended as follows.

(2)

In subsection (3) —

(a)

for “makes” substitute “last made”;

(b)

after “91C” insert “or 91EB ”.

(3)

In subsection (4) , after “91C” insert “or 91EB ”.

(4)

In subsection (6) —

(a)

for “applies” substitute “applied when the relevant chief officer of

police last made a determination under section 91C or 91EB ”;

(b)

after “period” insert “then”.

(5)

In subsection (10) , after “83,” insert “83A,”.

In section 91E , in the heading, at the end insert “against determinations

under section 91C”.

In section 91F (guidance), at the end of subsection (1) insert “or own motion

reviews”.

Page 192

In section 94 (Part 2: supply of information to Secretary of State etc. for

verification), in subsection (1) —

(a)

in the words before paragraph (a) , omit “notified to the police

under”;

(b)

for paragraph (a) substitute—

“(a)

notified to the police under section 83, 83A , 84, 85,

85ZA , 85A or 86B ,”;

(c)

after paragraph (a) insert—

“(aa)

notified to the police in accordance with a

requirement imposed by regulations under section

86,”;

(d)

in paragraph (b) before “section” insert “notified to the police under”;

(e)

after paragraph (b) insert “, or

“(c)

provided in, or in a document accompanying, an

application to the police under section 93C (1) .”

In section 122F (sexual risk orders and interim sexual risk orders: notification

requirements), after subsection (4) insert—

“(5)

Section 87A (alternative method of notification) applies for the

purposes of a notification under subsection (3) as it applies for the

purposes of the notifications mentioned in section 87A (1) .”

In section 133 (Part 2: general interpretation)—

(a)

omit the definition of “local police area”;

(b)

at the appropriate place insert—

““relevant police area” has the meaning given by section 88 (6) ;”.

(1)

Section 138 (orders and regulations) is amended as follows.

(2)

For subsections (1) to (4) substitute—

“(1)

Orders or regulations made by the Secretary of State under this Act

are to be made by statutory instrument.

(2)

A statutory instrument containing an order or regulations made by

the Secretary of State under any of the following provisions may

not be made unless a draft of the instrument has been laid before

and approved by a resolution of each House of Parliament—

(a)

section 21;

(b)

section 22A;

(c)

sections 83 to 85 ;

(d)

section 86;

(e)

section 86B (3) or (4) ;

(f)

section 93B (6) (d) ;

(g)

section 93C (6) (b) ;

(h)

section 93I ;

Page 193

(i)

section 130;

(j)

section 136Q(1).

(3)

Any other statutory instrument containing an order or regulations

made by the Secretary of State (except one containing an order

under section 141) is to be subject to annulment in pursuance of a

resolution of either House of Parliament.

(4)

Orders or regulations made by the Secretary of State under this Act

may—

(a)

make different provision for different purposes;

(b)

include supplementary, incidental, consequential, transitional,

transitory or saving provisions.

(4A)

For orders or regulations made by the Scottish Ministers under this

Act see section 27 of the Interpretation and Legislative Reform

(Scotland) Act 2010 (asp 10) (Scottish statutory instruments).

(4B)

Orders or regulations made by the Scottish Ministers under any of

the following provisions are subject to the affirmative procedure

(see section 29 of the Interpretation and Legislative Reform (Scotland)

Act 2010 (asp 10)—

(a)

sections 83 to 85 ;

(b)

section 86;

(c)

section 86B (3) or (4) ;

(d)

section 93B (6) (d) ;

(e)

section 93C (6) (b) ;

(f)

section 88H;

(g)

section 130.

(4C)

Any other orders or regulations made by the Scottish Ministers are

subject to the negative procedure (see section 28 of the Interpretation

and Legislative Reform (Scotland) Act 2010 (asp 10)).

(4D)

Orders or regulations made by the Scottish Ministers under this Act

may—

(a)

make different provision for different purposes;

(b)

include supplementary, incidental, consequential, transitional,

transitory or saving provisions.”

(3)

In subsection (6) for “83 to 86” substitute “83 to 85, section 86, section 86B (3)

or (4) , section 93B (6) (d) , section 93C (6) (b) ”.

(1)

Schedule 3A (discharge from indefinite notification requirements in Northern

Ireland) is amended as follows.

Page 194

(2)

In paragraph 4 (initial review: notice of decision) after sub-paragraph (3)

insert—

“(4)

The Department of Justice may by regulations amend the period

in sub-paragraph (1).”

(3)

In paragraph 6 (further reviews)—

(a)

in sub-paragraph (1) for “paragraph 4(3) or 5(6)” substitute “a

relevant provision”;

(b)

after sub-paragraph (1) insert—

“(1A)

“Relevant provision” means—

(a)

paragraph 4(3);

(b)

paragraph 5(6);

(c)

paragraph 6C (4) ;

(d)

paragraph 6D (6) ,

(notice of decision not to discharge notification

requirements).”;

(c)

in sub-paragraph (3) (a) for “paragraph 4(3) or 5(6)” substitute “a

relevant provision”.

(4)

In paragraph 7 (guidance)—

(a)

after sub-paragraph (1) insert—

“(1A)

The Department of Justice must issue guidance as to the

determination by the Chief Constable of own motion

reviews.”;

(b)

in sub-paragraph (2) after “(1)” insert “or (1A) ”.

(5)

In paragraph 8 (2) for the words from “legislation which” to the end

substitute—

“(a)

sections 91A to 91F (discharge from indefinite notification

requirements in England and Wales);

(b)

sections 88A to 88H (discharge from indefinite notification

requirements in Scotland).”

Page 195

Schedule 10

Sections 82 and 85

Possession or supply of SIM farms or other specified articles: powers of entry

etc

Part 1

General

Interpretation

(1)

In this Schedule—

“justice” means—

(a)

in England and Wales, a justice of the peace;

(b)

in Scotland, a sheriff, summary sheriff or justice of the peace;

(c)

in Northern Ireland, a lay magistrate;

“premises” includes any place and, in particular, includes—

(a)

any vehicle, vessel or aircraft;

(b)

any offshore installation;

(c)

any renewable energy installation within the meaning given

by section 104 of the Energy Act 2004;

(d)

any tent or movable structure;

“relevant evidence” means evidence that any of the following has been

committed—

(a)

an offence under any of sections 80 to 84 ;

(b)

an attempt or conspiracy to commit an offence within

paragraph (a) ;

(c)

an offence under Part 2 of the Serious Crime Act 2007

(England and Wales and Northern Ireland: encouraging or

assisting crime) in relation to an offence within paragraph

(a) ;

(d)

an offence under the law of Scotland of inciting the

commission of an offence within paragraph (a) ;

(e)

aiding, abetting, counselling or procuring the commission

of an offence within paragraph (a) ;

“vessel” includes—

(a)

any ship or boat or any other description of vessel used in

navigation, and

(b)

any hovercraft, submersible craft or other floating craft,

but does not include a reference to anything that permanently rests

on, or is permanently attached to, the sea bed.

(2)

In this Schedule any reference to a power conferred by this Schedule or

any provision of it includes a reference to a power conferred by virtue of

the Schedule or provision.

Page 196

Saving

Nothing in this Schedule affects any power of a constable conferred

otherwise than by this Schedule.

Part 2

Powers of entry etc

Power to enter and search vehicles

(1)

This paragraph applies where—

(a)

a constable has reasonable grounds to suspect that there is relevant

evidence in a vehicle, and

(b)

the vehicle is not a dwelling.

(2)

The constable may at any time—

(a)

enter the vehicle and search it for relevant evidence;

(b)

stop and detain the vehicle for the purposes of entering and

searching it.

(3)

Where—

(a)

a constable has stopped a vehicle under this paragraph, and

(b)

the constable considers that it would be impracticable to search the

vehicle in the place where it has stopped,

the constable may require the vehicle to be taken to such place as the

constable directs to enable the vehicle to be searched.

(4)

A constable may require—

(a)

any person travelling in a vehicle, or

(b)

the registered keeper of a vehicle,

to provide such facilities and assistance with respect to matters under that

person’s control as the constable considers would facilitate the exercise of

any power conferred by this paragraph.

(5)

The powers conferred by this paragraph may be exercised in any place to

which the constable lawfully has access (whether or not it is a place to

which the public has access).

Power to enter and search vessels or aircraft

(1)

This paragraph applies where—

(a)

a constable has reasonable grounds to suspect that there is relevant

evidence in or on any vessel or aircraft, and

(b)

the vessel or aircraft is not a dwelling.

(2)

The constable may at any time—

(a)

board the vessel or aircraft, and

(b)

search it for relevant evidence.

Page 197

(3)

For the purposes of exercising the power conferred by sub-paragraph (2)

, the constable may require a vessel or aircraft—

(a)

to stop, or

(b)

to do anything else that will facilitate the boarding of that or any

other vessel or aircraft.

(4)

A constable who has boarded a vessel or aircraft may, for the purposes of

disembarking from the vessel or aircraft, require that or any other vessel

or aircraft—

(a)

to stop, or

(b)

to do anything else that will enable the constable to disembark from

the vessel or aircraft.

(5)

A constable may require any person on board a vessel or aircraft to provide

such facilities and assistance with respect to matters under that person’s

control as the constable considers would facilitate the exercise of any power

conferred by this paragraph.

Warrant conferring power to enter and search premises

(1)

Where a justice is satisfied that the requirements in sub-paragraph (3) are

met in relation to any premises, the justice may issue a warrant (a “search

warrant”) authorising a constable—

(a)

to enter the premises, and

(b)

to search them for relevant evidence.

(2)

A search warrant may be either—

(a)

a warrant that relates only to premises specified in the warrant (a

“specific-premises warrant”), or

(b)

in the case of a warrant issued in England and Wales or Northern

Ireland, a warrant that relates to any premises occupied or controlled

by a person specified in the warrant (an “all-premises warrant”).

(3)

The requirements of this sub-paragraph are met in relation to premises if

there are reasonable grounds to suspect that—

(a)

there are items on the premises that are relevant evidence, and

(b)

in a case where the premises are specified in the application, any

of the following conditions is met—

(i)

that it is not practicable to communicate with any person

entitled to grant entry to the premises;

(ii)

that it is not practicable to communicate with any person

entitled to grant access to the items;

(iii)

that entry to the premises is unlikely to be granted unless a

warrant is produced;

(iv)

that the purpose of entry may be frustrated or seriously

prejudiced unless a constable arriving at the premises can

secure immediate entry to them.

Page 198

Applications for search warrants

(1)

A search warrant may be issued under paragraph 5 only on the application

of—

(a)

a constable, in England and Wales or Northern Ireland;

(b)

a constable or a procurator fiscal, in Scotland.

(2)

An application for a search warrant may be made without notice being

given to persons who might be affected by the warrant.

(3)

The application must be supported—

(a)

in England and Wales, by information in writing;

(b)

in Scotland, by evidence on oath;

(c)

in Northern Ireland, by a complaint on oath.

(4)

A person applying for a search warrant must answer on oath any question

that the justice hearing the application asks the person.

(5)

In the case of an application made by a procurator fiscal, the requirement

under sub-paragraph (4) may be met by a constable or a person who has

the powers of a constable.

(6)

Part 3 of this Schedule contains further provision about applications in

England and Wales or Northern Ireland for search warrants under

paragraph 5 .

Execution of search warrants

(1)

A search warrant may be executed by any constable.

(2)

A search warrant may authorise persons to accompany a constable who is

executing it.

(3)

A person authorised under sub-paragraph (2) to accompany a constable

who is executing a search warrant—

(a)

may exercise any power conferred by paragraph 5 , 8 or 9 which

the constable may exercise as a result of the warrant, but

(b)

may exercise such a power only in the company of, and under the

supervision of, the constable.

(4)

In sub-paragraphs (2) and (3) “constable” includes a person who has the

powers of a constable.

(5)

Part 4 of this Schedule contains further provision about the execution in

England and Wales or Northern Ireland of search warrants under paragraph

5 .

Powers of examination etc

(1)

This paragraph applies where a constable is exercising a power of search

conferred by this Schedule in relation to any premises.

(2)

The constable may examine anything that is in or on the premises.

Page 199

(3)

The constable may break open any container or other locked thing, so far

as this is reasonably necessary for the purpose of exercising—

(a)

a power of search conferred by this Schedule, or

(b)

a power conferred by this paragraph.

(4)

The constable may require any person in or on the premises to provide

such facilities and assistance with respect to matters under that person’s

control as the constable considers would facilitate the exercise of—

(a)

a power of search conferred by this Schedule, or

(b)

a power conferred by this paragraph.

(5)

Nothing in this paragraph confers a power to search a person.

Power to require production of documents etc

(1)

This paragraph applies where a constable is exercising a power of search

conferred by this Schedule in relation to any premises.

(2)

The constable may require any person in or on the premises to produce

any document or record that is in the person’s possession or control.

(3)

A reference in this paragraph to the production of a document includes a

reference to the production of—

(a)

a hard copy of information recorded otherwise than in hard copy

form, or

(b)

information in a form from which a hard copy can be readily

obtained.

(4)

For the purposes of this paragraph—

(a)

information is recorded in hard copy form if it is recorded in a

paper copy or similar form capable of being read (and references

to hard copy have a corresponding meaning);

(b)

information can be read only if—

(i)

it can be read with the naked eye, or

(ii)

to the extent that it consists of images (for example

photographs, pictures, maps, plans or drawings), it can be

seen with the naked eye.

Power to use reasonable force

(1)

A constable may use reasonable force, if necessary, for the purpose of

exercising a power conferred by this Schedule.

(2)

A person authorised under paragraph 7 (2) to accompany a person who is

executing a search warrant may use reasonable force, if necessary, for the

purpose of exercising a power conferred by any of paragraphs 5 to 9 .

Page 200

Obstruction etc

(1)

A person commits an offence if, without reasonable excuse, the person

intentionally obstructs a constable in the performance of a function conferred

by this Schedule.

(2)

A person commits an offence if—

(a)

the person fails without reasonable excuse to comply with a

requirement reasonably made, or a direction reasonably given, by

a constable in the exercise of a power conferred by this Schedule,

(b)

the person prevents any other person from complying with any

such requirement or direction.

(3)

In this paragraph “constable” includes—

(a)

a person who has the powers of a constable;

(b)

a person authorised under paragraph 7 (2) to accompany a person

who is executing a search warrant.

(4)

A person who commits an offence under this paragraph is liable—

(a)

on summary conviction in England and Wales, to a fine;

(b)

on summary conviction in Scotland or Northern Ireland, to a fine

not exceeding level 5 on the standard scale.

Part 3

Applications for search warrants: England and Wales and Northern Ireland

Introduction

(1)

This Part of this Schedule applies to applications in England and Wales or

Northern Ireland for search warrants under paragraph 5 .

(2)

In this Part of this Schedule “specific-premises warrant” and “all-premises

warrant” have the meaning given by paragraph 5 .

Applications for warrants

(1)

A person applying for a search warrant must—

(a)

state that the application is for a warrant under paragraph 5 ,

(b)

specify the matters set out in sub-paragraph (2) or (3) (as the case

may be),

(c)

state what are the grounds for suspecting that relevant evidence is

on the premises, and

(d)

identify, so far as is possible, the offence to which the relevant

evidence relates.

(2)

If the person is applying for a specific-premises warrant, the person must

specify each set of premises that it is desired to enter and search.

Page 201

(3)

If the person is applying for an all-premises warrant, the person must

specify—

(a)

as many of the sets of premises that it is desired to enter and search

as it is reasonably practicable to specify,

(b)

the person who is in occupation or control of those premises and

any others that it is desired to enter and search,

(c)

why it is necessary to search more premises than those specified

under paragraph (a) , and

(d)

why it is not reasonably practicable to specify all the premises that

it is desired to enter and search.

(4)

If the person is applying for a search warrant authorising entry and search

on more than one occasion, the person must also state—

(a)

the ground on which the person applies for such a warrant, and

(b)

whether the person seeks a warrant authorising an unlimited number

of entries, or (if not) the maximum number of entries desired.

Warrant: whether authorises one or multiple entries

A search warrant authorises entry on one occasion only, unless it specifies

that it authorises multiple entries.

Form of warrants

A search warrant must—

(a)

specify the name of the person who applies for it,

(b)

specify the date on which it is issued,

(c)

state that the warrant is issued under paragraph 5 of this Schedule,

(d)

specify each set of premises to be searched, or (in the case of an

all-premises warrant) the person who is in occupation or control of

premises to be searched, together with any premises to be searched

that are under the person’s occupation or control and can be

specified, and

(e)

identify, so far as is possible, the offence to which the relevant

evidence suspected to be on the premises relates.

Copies of warrants

(1)

Two copies must be made of a search warrant that specifies only one set

of premises and does not authorise multiple entries.

(2)

As many copies as are reasonably required may be made of any other kind

of search warrant.

(3)

The copies must be clearly certified as copies.

Page 202

Part 4

Execution of search warrants: England and Wales and Northern Ireland

Introduction

(1)

This Part of this Schedule applies to the execution in England and Wales

or Northern Ireland of a search warrant under paragraph 5 .

(2)

In this Part of this Schedule “specific-premises warrant” and “all-premises

warrant” have the meaning given by paragraph 5 .

(3)

In paragraphs 21 , 22 and 24 “constable” includes a person who has the

powers of a constable.

Warrant to be executed within one month

Entry and search under a search warrant must be within one month from

the date of its issue.

All-premises warrants

(1)

In the case of an all-premises warrant, premises that are not specified in

the warrant may be entered and searched only if a senior officer has

authorised them to be entered.

(2)

An authorisation under sub-paragraph (1) must be in writing.

(3)

In this paragraph “senior officer” means—

(a)

a constable of at least the rank of inspector, or

(b)

a National Crime Agency officer who—

(i)

is designated under section 10 of the Crime and Courts Act

2013 as a person having the powers and privileges of a

constable, and

(ii)

is of grade 3 or above.

Search of premises more than once

(1)

Premises may be entered or searched for the second or any subsequent

time under a search warrant authorising multiple entries only if a senior

officer has authorised that entry to the premises.

(2)

An authorisation under sub-paragraph (1) must be in writing.

(3)

In this paragraph “senior officer” has the meaning given by paragraph 19 .

Time of search

Entry and search under a search warrant must be at a reasonable hour

unless it appears to the constable executing it that the purpose of a search

may be frustrated on an entry at a reasonable hour.

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Evidence of authority etc

(1)

Where the occupier of premises to be entered and searched under a search

warrant is present at the time when a constable seeks to execute the warrant,

the following requirements must be satisfied—

(a)

the occupier must be told the constable’s name;

(b)

if not a constable in uniform, the constable must produce to the

occupier documentary evidence that they are a constable;

(c)

the constable must produce the warrant to the occupier;

(d)

the constable must supply the occupier with a copy of it.

(2)

Where the occupier of premises to be entered and searched under a search

warrant is not present at the time when a constable seeks to execute the

warrant—

(a)

if some other person who appears to the constable to be in charge

of the premises is present, sub-paragraph (1) has effect as if a

reference to the occupier were a reference to that other person;

(b)

if not, the constable must leave a copy of the warrant in a prominent

place on the premises.

Extent of search

A search under a search warrant may only be a search to the extent required

for the purpose for which the warrant was issued.

Securing premises after entry

A constable who enters premises under a search warrant must take

reasonable steps to ensure that when the constable leaves the premises they

are as secure as they were before the entry.

Return and retention of warrant

(1)

A search warrant must be returned to the appropriate person (see

sub-paragraph (2) )—

(a)

when the warrant has been executed, or

(b)

no more than one month after the date of its issue, if the warrant

is—

(i)

a specific-premises warrant that has not been executed,

(ii)

an all-premises warrant, or

(iii)

a warrant authorising multiple entries.

(2)

The appropriate person is—

(a)

in the case of a warrant issued in England and Wales, the designated

officer for the local justice area in which the justice of the peace was

acting when issuing the warrant;

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(b)

in the case of a warrant issued in Northern Ireland, the clerk of

petty sessions for the petty sessions district in which the lay

magistrate was acting when issuing the warrant.

(3)

The appropriate person must retain a search warrant returned under

sub-paragraph (1) for 12 months from the date of its return.

(4)

If during that period the occupier of premises to which the search warrant

relates asks to inspect it, the occupier must be allowed to do so.

Schedule 11

Section 90

Specified war memorials

Part 1

War memorials

Arcade of Former Archbishops Palace, York (including the walls and railings

under the arches of the Arcade).

Arch of Remembrance, Leicester.

Cenotaph, Whitehall, London.

Charles Church, Plymouth (being the entire derelict structure of that church).

Chatham Naval War Memorial.

Edith Cavell Memorial, St Martin’s Place, London.

Eleanor Cross, Sledmere.

Hall of Memory, Centenary Square, Birmingham.

Guards Memorial, Horse Guards Parade, London.

Liverpool Cenotaph.

Merchant Navy Memorial, Tower Hill, London.

Plymouth Naval War Memorial.

Port Sunlight War Memorial.

Portsmouth Naval War Memorial.

Preston War Memorial.

The Response, Newcastle upon Tyne.

Rochdale Cenotaph.

Royal Artillery Memorial, Hyde Park Corner, London.

Southampton Cenotaph.

Spalding War Memorial.

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Statue of Captain Albert Ball, Nottingham Castle Gardens, Nottingham.

Town and County War Memorial, Northampton.

Wagoners’ Memorial, Sledmere.

Ely War Memorial (and the wall in which it is situated, extending east

from the Almonry to the west end of No. 2 Fore Hill).

Part 2

Parts of war memorials

The external walls and roof of Alcester Town Hall, and any fixtures attached

to any of those walls or that roof.

Schedule 12

Section 92

Suspension of internet protocol addresses and internet domain names

Applications for IP address suspension orders

(1)

An appropriate officer may make an application to a judge for an IP address

suspension order.

(2)

An IP address suspension order is an order requiring a specified IP address

provider to prevent access to a specified IP address for a specified period.

(3)

The specified period may not be longer than 12 months.

(4)

“Specified” means specified in the order.

Conditions for making an IP address suspension order

(1)

A judge may grant an application for an IP address suspension order if

satisfied that there are reasonable grounds to believe that conditions 1 to

4 are met in relation to the IP address to which the application relates.

(2)

Condition 1 is that the IP address is being used for the purposes of serious

crime (see paragraph 19 ).

(3)

Condition 2 is that—

(a)

a UK person is using the IP address for the purposes of serious

crime,

(b)

a UK person is a victim of the serious crime for the purposes of

which the IP address is being used,

(c)

the IP address is being used for the purposes of serious crime

connected with unlicensed gambling, or

(d)

the IP address is allocated to a device located in the United

Kingdom.

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(4)

Condition 3 is that it is necessary and proportionate to prevent access to

the IP address to prevent it being used for the purposes of serious crime.

(5)

Condition 4 is that—

(a)

access to the IP address will not be prevented unless an IP address

suspension order is made, or

(b)

if access to the IP address is prevented otherwise than in accordance

with an IP address suspension order, there will be serious prejudice

to the prevention, restriction or disruption of the serious crime for

the purposes of which the IP address is being used.

Applications for domain name suspension orders

(1)

An appropriate officer may make an application to a judge for a domain

name suspension order.

(2)

A domain name suspension order is an order requiring—

(a)

a specified internet domain registry, or

(b)

a specified registrar for an internet domain registry,

to prevent access to a specified internet domain name for a specified period.

(3)

The specified period may not be longer than 12 months.

(4)

“Specified” means specified in the order.

Conditions for making a domain name suspension order

(1)

A judge may grant an application for a domain name suspension order if

satisfied that there are reasonable grounds to believe that conditions 1 to

4 are met in relation to the internet domain name to which the application

relates.

(2)

Condition 1 is that the internet domain name is being, or will be, used for

the purposes of serious crime (see paragraph 19 ).

(3)

Condition 2 is that—

(a)

a UK person is using, or will use, the internet domain name for the

purposes of serious crime,

(b)

a UK person—

(i)

is a victim of the serious crime for the purposes of which

the internet domain name is being used, or

(ii)

will be a victim of the serious crime for the purposes of

which it will be used,

(c)

the internet domain name is being used for the purposes of serious

crime connected with unlicensed gambling, or

(d)

the internet domain name is hosted on a device located in the United

Kingdom.

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(4)

Condition 3 is that it is necessary and proportionate to prevent access to

the internet domain name to prevent it being used for the purposes of

serious crime.

(5)

Condition 4 is that—

(a)

access to the internet domain name will not be prevented unless a

domain name suspension order is made, or

(b)

if access to the internet domain name is prevented otherwise than

in accordance with a domain name suspension order, there will be

serious prejudice to the prevention, restriction or disruption of the

serious crime for the purposes of which the internet domain name

is being, or will be, used.

Applications for suspension orders: non-disclosure duty

(1)

This paragraph applies where notice of an application for a suspension

order is given to the person against whom the order is sought.

(2)

That person must not disclose the making of the application or its contents

to any person except—

(a)

with the permission of a judge, or

(b)

with the written permission of an appropriate officer (who in

England and Wales or Northern Ireland must be within the same

sub-paragraph of paragraph 14 (1) (a) or (b) as the appropriate officer

who made the application for a suspension order).

(3)

If the application for a suspension order is dismissed, withdrawn or

abandoned sub-paragraph (2) ceases to apply, subject to sub-paragraph (4) .

(4)

If the application for a suspension order is dismissed a judge may, on the

application of an appropriate officer, make an order that sub-paragraph

(2) is to continue to apply.

(5)

An order under sub-paragraph (4) must specify or describe when

sub-paragraph (2) is to cease to apply.

(6)

If the judge grants the application for a suspension order, sub-paragraph

(2) ceases to apply—

(a)

if the suspension order does not impose a non-disclosure

requirement under paragraph 6 , when the suspension order is made,

(b)

if the suspension order imposes a non-disclosure requirement under

paragraph 6 , when that requirement expires.

Inclusion of non-disclosure requirements in suspension orders

(1)

A suspension order may impose a non-disclosure requirement on the person

against whom the order is made.

(2)

A non-disclosure requirement is a requirement not to disclose the making

of the order or its contents to any person except—

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(a)

with the permission of a judge, or

(b)

with the written permission of an appropriate officer (who in

England and Wales or Northern Ireland must be within the same

sub-paragraph of paragraph 14 (1) (a) or (b) as the appropriate officer

who made the application for the order).

(3)

A suspension order that imposes a non-disclosure requirement must specify

or describe when the requirement is to expire.

Discharge and variation of suspension orders

(1)

A judge may discharge or vary a suspension order on an application by—

(a)

an appropriate officer, or

(b)

any person affected by the order.

(2)

If a judge discharges a suspension order which imposes a non-disclosure

requirement, they may order that the person against whom the order was

made is to remain subject to the non-disclosure requirement.

(3)

An order under sub-paragraph (2) may specify or describe a different time

when the non-disclosure requirement is to expire than that specified or

described in the order that is being discharged.

(4)

Sub-paragraph (1) is subject to paragraph 8 .

Extension of suspension orders

(1)

An appropriate officer may make an application to a judge for the extension

of the specified period.

(2)

The “specified period” is the period specified in a suspension order as the

period for which access to an IP address or internet domain name is to be

prevented.

(3)

The application must be made before the end of the specified period.

(4)

A judge may grant the application if satisfied that there are reasonable

grounds to believe that it is necessary and proportionate to continue to

prevent access to the IP address or internet domain name to prevent it

being used for the purposes of serious crime.

(5)

If the application is granted, the extended specified period must end no

later than 12 months after the day on which the specified period would

have ended if the application had not been made.

(6)

If the suspension order imposes a non-disclosure requirement the judge

may also, on the application of the appropriate officer, vary the time at

which the non-disclosure requirement is to expire.

(7)

The specified period may be extended more than once.

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Discharge and variation of non-disclosure orders

(1)

A judge may discharge or vary a non-disclosure order on an application

by—

(a)

an appropriate officer, or

(b)

the person against whom the order was made.

(2)

A “non-disclosure order” means an order under—

(a)

paragraph 5 (4) (non-disclosure order on dismissal of application)

, or

(b)

paragraph 7 (2) (non-disclosure order on discharge of suspension

order).

Applications: further provision

(1)

An application under this Schedule made by an appropriate officer may

be made without notice to a judge in chambers.

(2)

In England and Wales and Northern Ireland, an appropriate officer may

not make an application under this Schedule unless the officer—

(a)

is a senior officer, or

(b)

is authorised by a senior officer to make the application.

(3)

In England and Wales and Northern Ireland, an application under this

Schedule made by an appropriate officer (other than an application for a

suspension order) must be made by an appropriate officer who is within

the same sub-paragraph of paragraph 14 (1) (a) or (b) as the appropriate

officer who made the application for the suspension order.

Service of notices and orders

(1)

This paragraph applies to—

(a)

notice of an application made by an appropriate officer under this

Schedule;

(b)

an order under this Schedule.

(2)

The notice or order may be served on a person (whether the person is in

the United Kingdom or outside it) by such means, including electronic

means, as rules of court permit.

(3)

The notice or order may be served on a person outside the United Kingdom

in any of the following ways (as well as by electronic or other means of

service)—

(a)

by delivering it to the person’s principal office within the United

Kingdom or, if the person has no such office in the United Kingdom,

to any place in the United Kingdom where the person carries on

business or conducts activities,

(b)

if the person has specified an address in the United Kingdom as

one at which the person, or someone on the person’s behalf, will

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accept service of documents of the same description as the notice

or order, by delivering it to that address, or

(c)

by making it available for inspection (whether to the person or to

someone acting on the person’s behalf) at a place in the United

Kingdom (subject to sub-paragraph (4) ).

(4)

The notice or order may be served on a person outside the United Kingdom

in the way mentioned in sub-paragraph (3) (c) only if—

(a)

it is not reasonably practicable for it to be served by any other means

(whether as mentioned in sub-paragraph (3) (a) or (b) or otherwise),

and

(b)

the person serving it takes such steps as they consider appropriate

for the purpose of bringing its contents, and its availability for

inspection, to the attention of the person on whom it is being served.

(5)

The steps mentioned in sub-paragraph (4) (b) must be taken as soon as

reasonably practicable after the notice or order is made available for

inspection.

Rules of court

Provision as to the practice and procedure to be followed in connection

with proceedings relating to orders under this Schedule may be made—

(a)

in England and Wales, by Criminal Procedure Rules;

(b)

in Northern Ireland, by Crown Court Rules,

(c)

in Scotland (without prejudice to section 305 of the Criminal

Procedure (Scotland) Act 1995), by rules of court made by Act of

Adjournal.

Effect of orders

In England and Wales and Northern Ireland, an order under this Schedule

has effect as if it were an order of the court.

“Appropriate officer” and “senior officer”

(1)

In this Schedule “appropriate officer”—

(a)

in England and Wales, means—

(i)

a constable,

(ii)

a National Crime Agency officer,

(iii)

an officer of Revenue and Customs,

(iv)

a member of staff of the Financial Conduct Authority, or

(v)

a person designated or appointed as an enforcement officer

by the Gambling Commission under section 303 of the

Gambling Act 2005;

(b)

in Northern Ireland, means—

(i)

a constable,

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(ii)

a National Crime Agency officer,

(iii)

an officer of Revenue and Customs, or

(iv)

a member of staff of the Financial Conduct Authority;

(c)

in Scotland, means a procurator fiscal.

(2)

In this Schedule “senior officer” means—

(a)

a constable of at least the rank of superintendent;

(b)

the Director General of the National Crime Agency or any other

National Crime Agency officer authorised by the Director General

(whether generally or specifically) for the purposes of this Schedule ;

(c)

an officer of Revenue and Customs of at least the grade of senior

officer;

(d)

a member of staff of the Financial Conduct Authority of at least the

grade of head of department;

(e)

a member of staff of the Gambling Commission of at least the grade

of director.

“Judge”

In this Schedule “judge” means—

(a)

in England and Wales, a judge entitled to exercise the jurisdiction

of the Crown Court;

(b)

in Northern Ireland, a judge of the Crown Court;

(c)

in Scotland, a sheriff or summary sheriff.

“IP address provider”

In this Schedule an “IP address provider” means a person (“P”) that allocates

IP addresses, where those IP addresses have been allocated to P by another

person for the purpose of onward allocation.

“Internet domain registry” and “registrar”

(1)

In this Schedule an “internet domain registry” means a person that—

(a)

maintains a relevant register of internet domain names, and

(b)

operates a computer program or server that forms part of the system

that enables the names included in the register to access internet

protocol addresses or other information by means of the internet.

(2)

“Relevant register of internet domain names” means a register of—

(a)

the names of second level internet domains that form part of the

same top level internet domain, or

(b)

the names of third level internet domains that form part of the same

second level internet domain.

(3)

“Second level internet domain” means an internet domain indicated by the

last two elements of an internet domain name.

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(4)

“Third level internet domain” means an internet domain indicated by the

last three elements of an internet domain name.

(5)

“Top level internet domain” means an internet domain indicated by the

last element of an internet domain name.

(1)

In this Schedule a “registrar” for an internet domain registry is a person

authorised by the registry to act on behalf of end-users in connection with

the registration of internet domain names.

(2)

“End-user” means a person who has been, or wants to be, allocated an

internet domain name that is or would be included in the register

maintained by the registry.

“Crime”, “serious crime” etc

(1)

In this Schedule “crime” means conduct which—

(a)

constitutes one or more criminal offences, or

(b)

is or corresponds to conduct which, if it all took place in a part of

the United Kingdom, would constitute one or more criminal offences.

(2)

In this Schedule “serious crime” means crime where—

(a)

the offence, or one of the offences, which is or would be constituted

by the conduct concerned is an offence for which a person who has

reached the age of 18 (or, in Scotland or Northern Ireland, 21) and

has no previous convictions could reasonably be expected to be

sentenced to imprisonment for a term of 3 years or more, or

(b)

the conduct involves the use of violence, results in substantial

financial gain or is conduct by a large number of persons in pursuit

of a common purpose.

(3)

In this Schedule serious crime is connected with unlicensed gambling if

the offence, or one of the offences, which is or would be constituted by the

conduct concerned is an offence under section 33 of the Gambling Act 2005.

“UK person”

In this Schedule “UK person” means—

(a)

a British citizen, a British overseas territories citizen, a British

National (Overseas) or a British Overseas citizen,

(b)

a person who under the British Nationality Act 1981 is a British

subject,

(c)

a British protected person within the meaning of that Act,

(d)

an individual who lives in the United Kingdom,

(e)

a body incorporated under the law of a part of the United Kingdom,

(f)

an unincorporated association formed under the law of a part of

the United Kingdom.

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Further interpretation

(1)

This paragraph applies for the interpretation of this Schedule .

(2)

“Domain name suspension order” has the meaning given by paragraph

3 (2) .

(3)

“IP address” means an internet protocol address.

(4)

“IP address suspension order” has the meaning given by paragraph 1 (2) .

(5)

References to a part of the United Kingdom are references to—

(a)

England and Wales,

(b)

Scotland, or

(c)

Northern Ireland.

(6)

“Suspension order” means—

(a)

an IP address suspension order, or

(b)

a domain name suspension order.

Schedule 13

Section 96

Drug testing in police detention: trigger offences

This is the Schedule to be inserted after Schedule 2A to the Police and Criminal

Evidence Act 1984 —

“Schedule 2B

Section 63C

Testing for controlled drugs: trigger offences

Common law offences

Common assault.

Battery.

Offences against the Person Act 1861

Offences under the following provisions of the Offences against the Person

Act 1861 —

(a)

section 16 (threats to kill);

(b)

section 18 (wounding with intent to cause grievous bodily harm);

(c)

section 20 (malicious wounding);

(d)

section 47 (assault occasioning actual bodily harm).

Children and Young Persons Act 1933

An offence under section 1 of the Children and Young Persons Act 1933

(cruelty to persons under sixteen).

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Prevention of Crime Act 1953

An offence under section 1 of the Prevention of Crime Act 1953 (carrying

offensive weapon in public place).

Restriction of Offensive Weapons Act 1959

An offence under section 1 (1A) of the Restriction of Offensive Weapons

Act 1959 (possession of flick knife, flick gun or gravity knife).

Theft Act 1968, etc

Offences under the following provisions of the Theft Act 1968 —

(a)

section 1 (theft);

(b)

section 8 (robbery);

(c)

section 9 (burglary);

(d)

section 10 (aggravated burglary);

(e)

section 12 (taking motor vehicle or other conveyance without

authority);

(f)

section 12A (aggravated vehicle-taking);

(g)

section 22 (handling stolen goods);

(h)

section 25 (going equipped for stealing, etc).

An offence under section 1 (1) of the Criminal Attempts Act 1981 , if

committed in respect of an offence under any of the following provisions

of the Theft Act 1968—

(a)

section 1 (theft);

(b)

section 8 (robbery);

(c)

section 9 (burglary);

(d)

section 22 (handling stolen goods).

Misuse of Drugs Act 1971

Offences under the following provisions of the Misuse of Drugs Act 1971

, if committed in respect of a specified controlled drug—

(a)

section 4 (restriction of production and supply of controlled drugs);

(b)

section 5 (2) (possession of controlled drug);

(c)

section 5 (3) (possession of controlled drug with intent to supply).

Criminal Damage Act 1971

Offences under the following provisions of the Criminal Damage Act 1971

, other than an offence of arson—

(a)

section 1 (1) (destroying or damaging property);

(b)

section 1 (2) (destroying or damaging property with intent to

endanger life, etc).

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Public Order Act 1986

Offences under the following provisions of the Public Order Act 1986 —

(a)

section 2 (violent disorder);

(b)

section 3 (affray);

(c)

section 4 (fear or provocation of violence);

(d)

section 4A (intentional harassment, alarm or distress);

(e)

section 4B (intentional harassment, alarm or distress on account of

sex);

(f)

section 5 (harassment).

Criminal Justice Act 1988

Offences under the following provisions of the Criminal Justice Act 1988 —

(a)

section 139 (having article with blade or point in public place);

(b)

section 139A (1) (having article with blade or point on education

premises);

(c)

section 139A (2) (having offensive weapon on education premises);

(d)

section 141 (1A) (possession of offensive weapon in private).

Road Traffic Act 1988

Offences under the following provisions of the Road Traffic Act 1988 —

(a)

section 4 (1) (driving when unfit through drink or drugs);

(b)

section 4 (2) (being in charge when unfit through drink or drugs).

Football (Offences) Act 1991

Offences under the following provisions of the Football (Offences) Act

1991 —

(a)

section 2 (throwing of missiles);

(b)

section 3 (indecent or racialist chanting);

(c)

section 4 (going onto the playing area).

Protection from Harassment Act 1997

Offences under the following provisions of the Protection from Harassment

Act 1997 —

(a)

section 2 (harassment);

(b)

section 2A (stalking);

(c)

section 4 (putting people in fear of violence);

(d)

section 4A (stalking involving fear of violence or serious alarm or

distress).

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Crime and Disorder Act 1998

An offence under section 32 of the Crime and Disorder Act 1998 (racially

or religiously aggravated harassment, etc).

Criminal Justice and Police Act 2001

An offence under section 42A of the Criminal Justice and Police Act 2001

(harassment etc of a person in their home).

Sexual Offences Act 2003

Offences under the following provisions of the Sexual Offences Act 2003 —

(a)

section 1 (rape);

(b)

section 2 (assault by penetration);

(c)

section 3 (sexual assault);

(d)

section 61 (administering a substance with intent).

Serious Crime Act 2015

Offences under the following provisions of the Serious Crime Act 2015 —

(a)

section 75A (strangulation or suffocation);

(b)

section 76 (controlling or coercive behaviour).”

Schedule 14

Section 102 (1)

Confiscation orders: England and Wales

Part 1

The principal objective

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

At the beginning of Part 2 insert—

“Exercise of powers: general

The principal objective

(1)

This section applies to any power conferred by or under this Part

on—

(a)

a court;

(b)

a prosecutor;

(c)

a person who is an appropriate officer within the meaning

given by section 41A(3) or 47A(1);

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(d)

any other person whose functions include the investigation

of crime;

(e)

a receiver appointed under section 48 or 50.

(2)

The principal objective in exercising a power to which this section

applies in relation to a defendant is to deprive the defendant of the

defendant’s benefit from criminal conduct, so far as within the

defendant’s means.

(3)

The defendant’s means are to be taken to include any tainted gifts

made by the defendant.

(4)

A court or person must exercise any power to which this section

applies in the way which the court or person considers is best

calculated to further the principal objective.

(5)

The duty under section 2A(1) does not apply to the exercise by a

relevant authority of a power to which this section applies if and

to the extent that exercising the power in compliance with that duty

would be inconsistent with doing so in compliance with the duty

under subsection (4).

(6)

In subsection (5) “relevant authority” has the meaning given by

section 2A(2).”

(3)

In the italic heading before section 69, after “of” insert “specific”.

(4)

In section 69 (powers of court and receiver etc)—

(a)

in the heading, at the beginning insert “Specific”;

(b)

in subsection (3), in the words before paragraph (a), after “subject

to” insert “the principal objective (see section 5A ) and”.

Part 2

Criminal lifestyle

Prosecutor’s discretion

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 6(4) (making of order: criminal lifestyle and conduct)—

(a)

in paragraph (a), at the beginning insert “if asked to do so by the

prosecutor”;

(b)

in paragraph (b), after “if” insert “(pursuant to paragraph (a))”;

(c)

in paragraph (c), at the beginning insert “if it is not asked to decide

whether the defendant has a criminal lifestyle or”.

(3)

In section 16 (statement of information)—

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(a)

after subsection (2) insert—

“(2A)

The statement of information must indicate whether or not

the case is one in which the court is asked to decide whether

the defendant has a criminal lifestyle (see section 6(4)).”;

(b)

in subsection (3), for “prosecutor believes”, in the first place it occurs,

substitute “case is one in which the court is asked to decide

whether”;

(c)

in subsection (5), for “prosecutor does not believe” substitute “case

is one in which the court is not asked to decide whether”.

(4)

In section 20(2) (no order made: reconsideration of benefit)—

(a)

omit “has decided that”;

(b)

in paragraph (a), for “the defendant has a criminal lifestyle but”

substitute “has decided under section 6(4)(b) that the defendant”;

(c)

in paragraph (b), for “the defendant does not have a criminal lifestyle

and” substitute “has decided under section 6(4)(c) that the

defendant”.

The serious risk of injustice test

In section 10 of the Proceeds of Crime Act 2002 (assumptions to be made

in case of criminal lifestyle), after subsection (6) insert—

“(6A)

In determining whether there would be a serious risk of injustice

if a required assumption were made in relation to particular property

or expenditure, the court must consider all the circumstances of the

case and must, in particular, give the appropriate weight to—

(a)

any evidence about the serious risk of injustice that has been

made available to it, and

(b)

any explanation given by the defendant for being unable to

provide evidence that would have shown the assumption

to be incorrect.”

Cases in which defendant has a criminal lifestyle

(1)

Section 75 of the Proceeds of Crime Act 2002 (criminal lifestyle) is amended

as follows.

(2)

In subsection (3)—

(a)

after “benefited”, in the first place it occurs, insert “, or intended to

benefit,”;

(b)

in paragraph (a)—

(i)

for “three”, in both places it occurs, substitute “two”;

(ii)

after “benefited” insert “or intended to benefit”;

(c)

in paragraph (b), after “benefited” insert “or intended to benefit”.

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(3)

The amendments made by sub-paragraph (2) (a) , (b) (ii) and (c) do not apply

in relation to conduct that took place wholly or partly before the date on

which those provisions come into force.

Criminal lifestyle offences

(1)

Schedule 2 to the Proceeds of Crime Act 2002 (criminal lifestyle offences)

is amended as follows.

(2)

In paragraph 8(1) (offences in connection with brothels), after “section 33”

insert “, 33A”.

(3)

After paragraph 9B insert—

“Environmental offences

(1)

An offence under section 33(1)(a) of the Environmental Protection

Act 1990 (depositing, or causing or permitting the deposit of,

certain waste, otherwise than in accordance with an environmental

permit).

(2)

An offence under regulation 38(1)(a) of the Environmental

Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154)

(operating a regulated facility, or causing or knowingly permitting

a water discharge activity or groundwater activity, otherwise than

in accordance with an environmental permit).”

(4)

An amendment made by sub-paragraph (2) or (3) does not apply in relation

to an offence committed wholly or partly before the coming into force of

the sub-paragraph in question.

Part 3

Provisions concerning amount to be paid under confiscation order

Recoverable amount

(1)

Section 7 of the Proceeds of Crime Act 2002 (recoverable amount) is

amended in accordance with sub-paragraphs (2) and (3) .

(2)

In subsection (2), for “shows” substitute “proves or the court is otherwise

satisfied”.

(3)

In subsection (4)—

(a)

in the words before paragraph (a), omit “for the purposes of

subsection (1),”;

(b)

before paragraph (a) insert—

“(za)

any property in respect of which an order falling

within section 13(3)(b), (c) or (d) was made before

the court proceeded under section 6 (see section

15A (2) (c) ),”;

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(c)

omit the “and” at the end of paragraph (c);

(d)

at the end insert—

“(e)

any property that has been restored to a victim of

the conduct concerned, or any other person entitled

to recover it,

(f)

any property that has been handed over to an

appropriate officer within the meaning given by

section 41A(3) or 47A(1),

(g)

any property that, having been seized under a power

conferred by or by virtue of—

(i)

a warrant granted under any enactment or

rule of law, or

(ii)

any enactment, or rule of law, under which

the authority of a warrant is not required,

has not subsequently been released, and

(h)

any amount paid by the defendant by way of

compensation in connection with the conduct

concerned to any victim of the conduct in respect of

loss, injury or damage sustained by the victim.”

(4)

In section 21 of that Act (order made: reconsideration of benefit)—

(a)

for subsection (1)(b) substitute—

“(b)

either or both of the conditions mentioned in

subsection (1A) are met,”;

(b)

after subsection (1) insert—

“(1A)

The conditions are that—

(a)

there is evidence which was not available to the

prosecutor at the relevant time;

(b)

there is property that—

(i)

but for section 7(4)(g) (seized property), would

have been taken into account in calculating

the relevant amount, and

(ii)

has been released to the defendant since the

relevant time.”

Hidden property

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 9(1) (available amount)—

(a)

omit the “and” at the end of paragraph (a);

(b)

at the end of paragraph (b) insert “, and

“(c)

any amount determined under section 9A (value of

hidden property).”

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(3)

After that section insert—

“9A

Hidden property

(1)

This section applies where it appears to a court calculating the

available amount that—

(a)

the defendant’s benefit from the conduct concerned exceeds

the total of the values (as at the time the confiscation order

is made) of—

(i)

all the free property then held by the defendant, and

(ii)

all tainted gifts, and

(b)

some or all of that excess is a result of property having been

hidden by or on behalf of the defendant.

(2)

The court must determine the total value of the property that the

court considers has been hidden by or on behalf of the defendant.

(3)

When making a determination under this section the court must,

in particular, consider the extent to which there are other

circumstances that may account for the excess mentioned in

subsection (1) (b) , for example—

(a)

expenditure incurred by the defendant which has or may

have been met from the defendant’s benefit from the conduct

concerned;

(b)

changes in the value of the property held by the defendant.”

(4)

In section 21 (order made: reconsideration of benefit), in subsection (8)(b),

for “section 9” substitute “sections 9 and 9A ”.

(5)

In section 22 (order made: reconsideration of available amount), in

subsection (3), for “section 9” substitute “sections 9 and 9A ”.

(6)

In section 23 (inadequacy of available amount: variation of order), in

subsection (2), for “section 9” substitute “sections 9 and 9A ”.

Tainted gifts

In section 77 of the Proceeds of Crime Act 2002 (tainted gifts), for subsection

(5) substitute—

“(5)

A gift is tainted if it was made by the defendant—

(a)

at any time after the commission of the offence concerned,

(b)

if the defendant’s particular criminal conduct consists of two

or more offences and they were committed at different times,

at any time after the commission of the earliest of the

offences.”

Benefit

(1)

The Proceeds of Crime Act 2002 is amended as follows.

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(2)

In section 76 (conduct and benefit), after subsection (7) insert—

“(8)

But in a case where—

(a)

the person—

(i)

intended to have only a limited power to control or

dispose of all or part of the property,

(ii)

held the property temporarily, or

(iii)

is treated as obtaining the property as a result of

section 84 (3) , and

(b)

the court believes that the amount found under subsection

(7) in relation to the property would produce a result that

would be unjust,

the court may reduce that amount to such amount (including zero)

as the court believes is just.”

(3)

In section 84 (property: general provisions)—

(a)

in subsection (2)(b), at the end insert “(and see subsection (3) )”;

(b)

after subsection (2) insert—

“(3)

If, as a result of or in connection with conduct, a person

keeps property that the person already has, where the court

believes it just to do so the person is to be treated as

obtaining the property as a result of or in connection with

the conduct.”

Value of property obtained

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 79(5) (value: the basic rule), after “80” insert “, 80A”.

(3)

In section 80 (value of property obtained from conduct), after subsection

(4) insert—

“(5)

If only a proportion of the property was obtained by the person as

a result of or in connection with the person’s criminal conduct, only

that proportion is to be taken into account for the purposes of

subsections (2) to (4).

(6)

This section does not apply in a case where section 80A applies.”

(4)

After that section insert—

“80A

Mortgages

(1)

This section applies if—

(a)

a person uses a loan obtained as a result of or in connection

with the person’s criminal conduct to purchase an interest

in land,

(b)

the loan is secured by a mortgage over the interest in land,

and

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(c)

the interest in land has increased in value during the loan

period.

(2)

The value, at the material time, of the property obtained as a result

of or in connection with the person’s criminal conduct is to be taken

to be the amount found using the following formula—

A B × C

where—

A is the amount of the loan;

B is the value of the interest in land at the time it was

purchased;

C is the amount by which the interest in land has increased

in value between that time and the end of the loan period.

(3)

The value of the interest in land at the beginning and end of the

loan period is to be found in accordance with section 79.

(4)

If the loan period ends before the material time, the amount found

under subsection (2) is to be adjusted to take account of changes in

the value of money between the end of the loan period and the

material time.

(5)

In this section—

“the loan period” is the period between the time when the loan

is obtained and the earlier of—

(a)

the time when the principal, and any interest due, is

repaid, and

(b)

the material time;

“the material time” is the time the court makes its decision.”

Value of property sold or destroyed

(1)

Section 80 of the Proceeds of Crime Act 2002 (value of property obtained

from conduct) is amended as follows.

(2)

In subsection (2), at the beginning insert “Except where subsection (3A) or

(3B) applies,”.

(3)

After subsection (3) insert—

“(3A)

Where the person no longer holds the property obtained because

it has been sold, the value of the property at the material time is

the greater of the following—

(a)

the proceeds of the sale, adjusted to take account of later

changes in the value of money;

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(b)

the value (immediately before the sale) of the property,

adjusted to take account of later changes in the value of

money.

(3B)

Where the person no longer holds the property obtained because

it has been destroyed by virtue of a court order under section

51(2)(e) or section 67AA (orders for destruction of cryptoassets), the

value of the property at the material time is the market value of

the property as set out in the court order, adjusted to take account

of later changes in the value of money.

(3C)

For the purposes of subsection (3A) (a) , if the proceeds of the sale

are in a currency other than sterling, they must be taken to be the

sterling equivalent calculated in accordance with the rate of exchange

prevailing at the end of the day of the sale.”

(4)

In subsection (4), after “(2)(a) and (b)” insert “and subsection (3A) (b) ”.

Part 4

Priority orders

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 13 (effect of confiscation order on court’s other powers), for

subsections (5) and (6) substitute—

“(5)

Where a court makes a confiscation order or priority order the effect

of which is that subsection (6) applies, the court making that order

must also make a priority payment direction.

(6)

This subsection applies if, in the same proceedings (see section 85

for the meaning of “proceedings”) the following are made against

the same person—

(a)

a confiscation order, and

(b)

one or more priority orders.

(7)

A “priority payment direction” is a direction that any amount

payable under the priority order (or orders) that remains unpaid

when any sum is recovered under the confiscation order is to be

paid out of that sum.”

(3)

In section 19 (no order made: reconsideration of case), omit subsection (8).

(4)

In section 20 (no order made: reconsideration of benefit), omit subsection

(12).

(5)

In section 21 (order made: reconsideration of benefit)—

(a)

in subsection (9), omit paragraphs (c), (ca) and (d);

(b)

omit subsection (10).

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(6)

In section 22 (order made: reconsideration of available amount)—

(a)

in subsection (5), omit paragraphs (c) and (d);

(b)

omit subsection (6).

(7)

In section 55 (sums received by designated officer), for subsection (5)

substitute—

“(5)

If a priority payment direction was made under section 13(5), the

designated officer must next apply the sums in payment of any

amounts payable under the priority order (or orders) that remain

unpaid.

(5A)

In a case in which there is more than one priority order the sums

are to be applied in the order in which the priority orders were

made, starting with the earliest of them.”

Part 5

Compensation directions

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

After section 22 insert—

“22A

Increased available amount: compensation directions

(1)

This section applies where under section 22(4) a court varies a

confiscation order so as to increase the amount required to be paid

under the order.

(2)

The court may make a supplementary compensation direction if—

(a)

a compensation order has been made against the defendant

in respect of the offence (or any of the offences) concerned,

and

(b)

at the time the compensation order was made, the amount

of the compensatable loss that had been sustained by the

person in whose favour it was made was greater than the

amount required to be paid by the compensation order.

(3)

A supplementary compensation direction is a direction that so much

of the amount recovered under the confiscation order as the court

considers appropriate is to be paid to the person in whose favour

the compensation order was made.

(4)

That amount must not exceed the difference between—

(a)

the amount of the compensatable loss that had been

sustained by the person at the time the compensation order

was made, and

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(b)

the amount required to be paid to the person by the

compensation order,

or so much of that difference as remains unpaid.

(5)

If the amount mentioned in subsection (4) (a) exceeds any applicable

maximum amount, subsection (4) applies as if the amount in

subsection (4) (a) were the applicable maximum amount.

(6)

The court may make a compensation direction if—

(a)

at the time the confiscation order was made, a person was

known to the court to have sustained compensatable loss as

a result of the offence (or any of the offences) concerned,

but

(b)

a compensation order has not been made against the

defendant in respect of that compensatable loss.

(7)

A compensation direction is a direction that so much of the amount

recovered under the confiscation order as the court considers

appropriate is to be paid to the person mentioned in subsection

(6) (a) .

(8)

That amount must not exceed—

(a)

the amount of the compensatable loss that had been

sustained by the person as a result of the offence (or any of

the offences) concerned at the time the confiscation order

was made, or

(b)

so much of that amount as remains unpaid.

(9)

If the amount mentioned in subsection (8) (a) exceeds any applicable

maximum amount, subsection (8) applies as if the amount in

subsection (8) (a) were the applicable maximum amount.

(10)

In this section—

“applicable maximum amount” means the maximum amount

of compensation (if any) that a compensation order made

against the defendant in respect of the offence (or offences)

concerned could have required the defendant to pay;

“compensatable loss” means personal injury, loss or damage

of a kind in respect of which a compensation order could

have been made;

“compensation order” means an order under—

(a)

section 130 of the Powers of Criminal Courts

(Sentencing Act) 2000, or

(b)

Chapter 2 of Part 7 of the Sentencing Code.”

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(3)

In section 55 (sums received by designated officer) after subsection (5A)

(inserted by paragraph 12 (7) ) insert—

“(5B)

If under section 22A (compensation directions) a direction was made

for an amount to be paid to a person, the designated officer must

next apply the sums in payment of that amount.”

Part 6

Procedural matters

Timing of confiscation proceedings and effect on sentencing

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

Before section 16 insert—

“15A

Timing of confiscation proceedings and effect on sentencing

(1)

This section applies where the court sentences the defendant for

the offence (or any of the offences) concerned before it proceeds

under section 6.

(2)

In sentencing the defendant for the offence (or any of the offences)

concerned the court must not—

(a)

impose a fine on the defendant,

(b)

make an order falling within section 13(3)(a),

(c)

make an order falling within section 13(3)(b), (c) or (d) other

than any such order made in respect of property that has

little or no market value at the time of sentencing,

(d)

make an order for the payment of compensation under

Chapter 2 of Part 7 of the Sentencing Code,

(e)

make an order for the payment of a surcharge under section

42 of that Code, or

(f)

make an unlawful profit order under section 4 of the

Prevention of Social Housing Fraud Act 2013.

(3)

The court must draw up a timetable for the proceedings under

section 6 before the end of the hearing at which it sentences the

defendant for the offence (or, where there is more than one, the last

offence) concerned.

(4)

The court may revise a timetable drawn up under subsection (3) .

(5)

Section 6 has effect as if the defendant’s particular criminal conduct

included conduct which constitutes offences which the court has

taken into consideration in deciding the defendant’s sentence for

the offence or offences concerned.

(6)

The court may, after the conclusion of the proceedings under section

6, vary the sentence by—

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(a)

imposing a fine on the defendant,

(b)

making an order falling within section 13(3),

(c)

making an order for the payment of compensation under

Chapter 2 of Part 7 of the Sentencing Code,

(d)

making an order for the payment of a surcharge under

section 42 of that Code, or

(e)

making an unlawful profit order under section 4 of the

Prevention of Social Housing Fraud Act 2013.

(7)

But the court may proceed under subsection (6) only within the

period of 56 days beginning with the day on which the court—

(a)

makes a confiscation order under section 6, or

(b)

decides not to make such an order.

(8)

For the purposes of—

(a)

section 18(2) of the Criminal Appeal Act 1968 (time limit for

notice of appeal or of application for leave to appeal), and

(b)

paragraph 1 of Schedule 3 to the Criminal Justice Act 1988

(time limit for notice of application for leave to refer a case

under section 36 of that Act),

the sentence must be regarded as imposed or made on the day on

which it is varied under subsection (6) .”

(3)

Omit sections 14 and 15 (postponement of confiscation proceedings).

Early resolution meeting

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 6, after subsection (7) insert—

“(7A)

But the court may, if it believes it is appropriate to do so, decide

any question arising under subsection (4) or (5) in accordance with

an agreement reached by the prosecutor and defendant at an EROC

meeting as mentioned in section 15B (3) (a) .”

(3)

After section 15A insert—

“15B

Early resolution meeting

(1)

This section applies where—

(a)

the Crown Court is proceeding under section 6, and

(b)

the court directs that an early resolution of confiscation

meeting (an “EROC meeting”) is to be held.

(2)

Before the court proceeds as mentioned in subsection (4) of section

6 (making of order) the prosecutor and the defendant (or the

defendant’s legal representative) must attend an EROC meeting.

(3)

An EROC meeting is a meeting held with a view to the prosecutor

and defendant—

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(a)

reaching agreement on the question whether a confiscation

order is required to be made against the defendant and, if

so, on the amount required to be paid by the defendant

under the confiscation order, or

(b)

in a case where agreement as mentioned in paragraph (a) is

not reached, identifying the questions to be decided by the

court in proceeding under section 6 on which they disagree.

(4)

A direction under subsection (1) (b) —

(a)

may be given by the court on application by the prosecutor

or of its own motion;

(b)

may require or permit the attendance at an EROC meeting

of—

(i)

any person who it appears to the court holds, or may

hold, an interest in key property;

(ii)

an accredited financial investigator;

(iii)

any other person that the court considers appropriate.

(5)

A direction under subsection (1) (b) may be varied or revoked by

the court on application by the prosecutor or of its own motion.

(6)

Key property is property held by the defendant that the court

believes will need to be realised or otherwise used to satisfy any

confiscation order that may be made.

15C

Early resolution hearing

(1)

Following an EROC meeting, the court must hold an EROC hearing

if—

(a)

the prosecutor and defendant did not reach agreement as

mentioned in section 15B (3) (a) , or

(b)

the prosecutor and defendant did reach agreement, but the

court decided not to make a confiscation order under section

6 requiring the defendant to pay the amount agreed.

(2)

An “EROC hearing” is a hearing for the court to consider the next

steps in the section 6 proceedings.

(3)

In this section “EROC meeting” has the meaning given by section

15B .”

Part 7

Reconsideration and provisional discharge

Order made: reconsideration

(1)

The Proceeds of Crime Act 2002 is amended as follows.

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(2)

After section 21 insert—

“21A

Order made: reconsideration of benefit on decrease in value and

sale etc

(1)

This section applies if—

(a)

a court has made a confiscation order,

(b)

there is relevant property,

(c)

an application to proceed under this section is made to the

Crown Court by—

(i)

the prosecutor,

(ii)

a receiver appointed under section 50, or

(iii)

the designated officer for a magistrates’ court, and

(d)

the applicant believes that if the court were to make a new

calculation of the defendant’s benefit and in doing so applied

section 21(3) to (6), the amount found would not exceed the

amount that would be found if the court were to make a

new calculation of the defendant’s benefit under subsection

(4) .

(2)

For the purposes of this section, property is “relevant property” if

the property was obtained by the defendant as a result of or in

connection with the conduct concerned and—

(a)

it was held by the defendant when the relevant amount was

calculated, but

(b)

it is no longer held by the defendant because it has been—

(i)

sold, or

(ii)

destroyed by virtue of a court order under section

51(2)(e) or section 67AA (orders for the destruction

of cryptoassets).

(3)

In a case where this section applies, the court must determine

whether A is less than B, where—

“A” is the total of the values of all relevant property as decided

in accordance with section 80 (3A) or (3B) (as appropriate),

and

“B” is the total of the values at which that property was taken

into account when the relevant amount was calculated,

adjusted to take account of changes in the value of money

since it was calculated.

(4)

If A is less than B, the court must make a new calculation of the

defendant’s benefit by—

(a)

adjusting the relevant amount to take account of changes in

the value of money since it was calculated, and

(b)

deducting from that adjusted amount the amount by which

A is less than B.

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(5)

Subsection (6) applies where—

(a)

the court makes a new calculation of the defendant’s benefit

under subsection (4) , and

(b)

the court determines that C is less than D, where—

“C” is the amount that, if it was adjusted to take account

of changes in the value of money since the amount

required to be paid was last determined, would give

the amount found under the new calculation of the

defendant’s benefit, and

“D” is the amount required to be paid under the order.

(6)

The court must vary the order by substituting C for the amount

required to be paid.

(7)

The variation of the order under subsection (6) does not—

(a)

affect the defendant’s liability to pay any interest which was

payable under section 12 for a period before the variation

of the order but which had not been paid at the time of the

variation, or

(b)

give rise to any obligation to refund any amount already

paid by the defendant under the order.

(8)

The relevant amount is—

(a)

the amount found as the defendant’s benefit for the purposes

of the confiscation order, or

(b)

if one or more new calculations of the defendant’s benefit

have been made under section 21 or this section, the amount

found on the occasion of the last such calculation.”

(3)

In section 21 (order made: reconsideration of benefit)—

(a)

after subsection (11) insert—

“(11A)

Section 11 applies in relation to a confiscation order when

it is varied under this section as it applies in relation to a

confiscation order when it is made (reading references to

the making of the order as references to the varying of the

order and references to the day on which the order is made

as references to the day on which the order is varied).

(11B)

Where section 12 applies in relation to a confiscation order

that has been varied under this section, the reference in

section 12(3)(c) to the day on which the order was made is

to be read as a reference to the day on which the order was

varied.”;

(b)

in subsection (13)—

(i)

in paragraph (a), for “if this section has not applied

previously;” substitute “or”;

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(ii)

for paragraph (b) substitute—

“(b)

if one or more new calculations of the

defendant’s benefit have been made under

this section or section 21A , the amount found

on the occasion of the last such calculation.”

(4)

In section 22 (order made: reconsideration of available amount)—

(a)

after subsection (7) insert—

“(7A)

Section 11 applies in relation to a confiscation order when

it is varied under this section as it applies in relation to a

confiscation order when it is made (reading references to

the making of the order as references to the varying of the

order and references to the day on which the order is made

as references to the day on which the order is varied).

(7B)

Where section 12 applies in relation to a confiscation order

that has been varied under this section, the reference in

section 12(3)(c) to the day on which the order was made is

to be read as a reference to the day on which the order was

varied.”;

(b)

in subsection (9), in paragraph (b), after “section 21” insert “or 21A ,”.

(5)

In section 39 (reconsideration etc: variation of prison term), in subsection

(1)(a), after “21,” insert “21A,”.

Provisional discharge of confiscation order

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

For sections 24 and 25 substitute—

“24A

Provisional discharge of order

(1)

This section applies if—

(a)

a court has made a confiscation order, and

(b)

the relevant two-year period has ended.

(2)

The Crown Court may, of its own motion or on an application made

by a person listed in subsection (3) , discharge the confiscation order

on a provisional basis if the court considers that it is in the interests

of justice to do so.

(3)

The persons are—

(a)

the prosecutor;

(b)

the designated officer for a magistrates’ court;

(c)

a receiver appointed under section 50.

(4)

In deciding whether it is in the interests of justice to discharge a

confiscation order on a provisional basis the court must, in

particular, take into account—

Page 233

(a)

any amount that the defendant has already paid under the

confiscation order;

(b)

the extent to which the amount that remains to be paid under

the order represents interest payable under section 12;

(c)

any steps that have already been taken in relation to the

enforcement of the order;

(d)

the extent to which there are reasonable steps (or further

reasonable steps) that could be taken in relation to the

enforcement of the order;

(e)

the amount that the court considers would be recovered if

all such reasonable steps (or further reasonable steps) were

to be taken.

(5)

The court may discharge a confiscation order on a provisional basis

even though the court does not consider that doing so is best

calculated to further the principal objective (see section 5A (4) ).

(6)

Where an application under this section is refused, a further

application in relation to the confiscation order concerned may only

be made—

(a)

after the end of the period of two years beginning with the

date of the refusal, or

(b)

before the end of that period, with the leave of the court.

(7)

There is no right of appeal against a decision of the court under

this section to discharge, or not to discharge, a confiscation order

on a provisional basis.

(8)

In subsection (1) , the “relevant two-year period” means the period

of two years beginning with—

(a)

the day on which the confiscation order was made, or

(b)

in a case where the order has been varied under this Part,

the day on which the order was varied.

24B

Effect of provisional discharge and revocation of discharge

(1)

This section applies where a confiscation order has been discharged

under section 24A on a provisional basis.

(2)

The order is to be treated as satisfied subject to the rest of this

section.

(3)

The provisional discharge of the order does not prevent the making

of an application in respect of the order under section 21, 21A, 22

or 23.

(4)

Where, on an application under any of those provisions, the court

varies the order, the court may also revoke the provisional discharge

of the order.

Page 234

(5)

The Crown Court may, on an application made by a person listed

in subsection (6) , revoke the provisional discharge of the order if

the court considers that it is in the interests of justice to do so.

(6)

The persons are—

(a)

the prosecutor;

(b)

a receiver appointed under section 50.

(7)

In deciding whether it is in the interests of justice to revoke the

provisional discharge of a confiscation order the court must, in

particular, take into account the matters listed in section 24A (4) .

(8)

Where the court revokes the provisional discharge of a confiscation

order under this section—

(a)

the order is, from the time of the revocation, no longer to

be treated as satisfied, and

(b)

accordingly—

(i)

from that time the proceedings against the defendant

are to be treated as not having been concluded (see

section 85(5)(a)), and

(ii)

any interest which was payable under section 12 for

a period before the provisional discharge of the order

but which had not been paid at the time of the

provisional discharge becomes payable.

(9)

Where the court revokes the provisional discharge of an order under

subsection (5) , section 11 applies in relation to any part of the

amount ordered to be paid under the order that had not been paid

when the order was provisionally discharged as it applies in relation

to the full amount ordered to be paid under a confiscation order

when it is made.

(10)

Where section 11 applies as mentioned in subsection (9) , references

in that section to the making of the order are to be read as references

to the revocation of the provisional discharge of the order and

references to the day on which the order is made as references to

the day on which the provisional discharge of the order is revoked.

(11)

Where section 12 applies in relation to a confiscation order following

the revocation of a provisional discharge of the order under

subsection (5) , the reference in section 12(3)(c) to the day on which

the order was made is to be read as a reference to the day on which

the provisional discharge of the order was revoked.

(12)

There is no right of appeal against a decision of the court under

this section to revoke, or not to revoke, the provisional discharge

of a confiscation order.

Page 235

24C

Financial status orders

(1)

This section applies where—

(a)

the Crown Court has decided of its own motion to consider

whether to discharge a confiscation order on a provisional

basis,

(b)

an application has been made under section 24A or 24B , or

(c)

the court has discharged a confiscation order on a provisional

basis and an application has been made under section 21,

21A, 22 or 23.

(2)

The court may order the defendant to give the court, before the end

of the period specified in the order—

(a)

any information about the defendant’s assets and other

financial circumstances, and

(b)

any documentary or other evidence in support of that

information,

that the court may require in connection with the exercise of its

functions under section 24A or 24B .”

(3)

In the italic heading before section 19, at the end insert “and discharge”.

Part 8

Enforcement

Enforcement plans

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

After section 13 insert—

“Measures to promote effectiveness of confiscation orders

13ZA

Enforcement plans

(1)

This section applies where a court makes a confiscation order.

(2)

On making the confiscation order, the court must also prepare an

enforcement plan for the order if—

(a)

there are reasonable grounds to believe that the defendant

might default on the confiscation order for any reason, or

(b)

the court otherwise believes it is appropriate to do so for

the purpose of ensuring that the confiscation order is

effective.

(3)

An enforcement plan for a confiscation order is a document setting

out drafts of one or more orders that the court considers the

enforcing court could make in the event that the defendant defaults

on the confiscation order.

Page 236

(For the meaning of “the enforcing court” see section 35D .)

(4)

For the purposes of this section and section 13ZB —

(a)

the defendant defaults on a confiscation order if the

defendant fails to pay the amount required to be paid under

the order on or before the due date;

(b)

the “due date”, in relation to a confiscation order, means—

(i)

in a case where no period is specified under section

11(2), the day on which the confiscation order is

made, or

(ii)

in a case where one or more periods is so specified,

the final day of the specified period that ends last

(including any such period as extended under section

11(4)).

(5)

Where the court making the confiscation order is the Court of

Appeal (see section 67E(5)(b)(i) (appeals)), on making the order the

Court of Appeal may direct that the Crown Court is to carry out

the duties under this section as if the Crown Court had made the

order.

13ZB

Enforcement plan: initial enforcement hearing

(1)

This section applies where an enforcement plan is prepared for a

confiscation order.

(2)

The enforcing court must set a date for a hearing to take place in

the event that the defendant defaults on the confiscation order, and

that date must be the first date then available to the court after the

due date.

(See section 35D for the meaning of “the enforcing court” and section

35F for provision about this hearing.)

(3)

If an order is made under section 11(4) as a result of which the due

date in relation to the confiscation order changes, the enforcing

court must reset the date for the hearing to the first date then

available to the enforcing court after the new due date.

(4)

If the enforcing court is a magistrates’ court, the duties under this

section are to be carried out by the magistrates’ court mentioned

in section 35J (2) .”

(3)

In section 13A (compliance orders), in subsection (1) at the end insert

“(whether or not the court also prepares an enforcement plan under section

13ZA )”.

The default term and the powers of the enforcing court

(1)

The Proceeds of Crime Act 2002 is amended as follows.

Page 237

(2)

In the italic heading before section 35, for “as fines etc” substitute “:

general”.

(3)

For section 35 (enforcement as fines) substitute—

“35A

Default term of imprisonment or detention

(1)

This section applies if a court makes a confiscation order.

(2)

The court must also make an order fixing a term (the “default

term”)—

(a)

of imprisonment, or

(b)

of detention under section 108 of the Powers of Criminal

Courts (Sentencing) Act 2000,

which the defendant is to undergo if any of the amount required

to be paid under the confiscation order is not duly paid.

(3)

Where a court is fixing the default term in respect of an amount

required to be paid under a confiscation order, the maximum terms

are those specified in the second column of the Table for amounts

described in the corresponding entry in the first column.

Amount

Maximum term

£10,000 or less

6 months

More than £10,000 but no more than

5 years

£500,000

More than £500,000 but no more than

7 years

£1 million

More than £1 million

14 years

(4)

The defendant may not be committed to prison, or detained, by

virtue of an order under subsection (2) on the same occasion as the

confiscation order is made unless—

(a)

the court is satisfied that the defendant is able to pay the

amount on that occasion,

(b)

the court is satisfied that the defendant is unlikely to remain

long enough at a place of abode in the United Kingdom to

enable payment of the amount to be enforced by other

methods,

(c)

on that occasion the court sentences the defendant to

immediate imprisonment, custody for life or detention in a

young offender institution for an offence, or

(d)

the defendant is already serving a sentence of custody for

life or a term—

(i)

of imprisonment,

Page 238

(ii)

of detention in a young offender institution, or

(iii)

of detention under section 108 of the Powers of

Criminal Courts (Sentencing) Act 2000 (detention in

default).

(5)

The Secretary of State may by order amend the Table in subsection

(3) so as to remove, alter or replace any entry or to add any entry.

35B

Effect of part payment on the default term

(1)

This section applies where, after a default term has been fixed under

section 35A (2) in respect of an amount required to be paid under

a confiscation order, the defendant pays part of that amount in

accordance with rules of court.

(2)

The default term is reduced by the number of days found using the

following formula—

A B × C

where—

A is the amount of the part payment;

B is the amount that was required to be paid under the order

at the time that the default term was fixed;

C is the number of days in the default term that was fixed

under section 35A (2) less one day.

(3)

In calculating the reduction required under subsection (2) any

fraction of a day is to be left out of account.

35C

Release from custody on full payment

(1)

Subsection (2) applies where—

(a)

a default term has been fixed under section 35A (2) in respect

of an amount required to be paid under a confiscation order,

and

(b)

the defendant pays that amount.

(2)

Where this subsection applies—

(a)

any warrant of commitment issued for the purpose of

recovering the amount ceases to have effect, and

(b)

if the defendant has been committed to custody, the

defendant is to be released unless the defendant is in custody

for some other cause.

Page 239

35D

The enforcing court

(1)

This section applies if a court makes a confiscation order.

(2)

On making the confiscation order, the court must make an order

specifying whether the Crown Court or a magistrates’ court is the

enforcing court in relation to the confiscation order.

(3)

Where—

(a)

an order has been made under subsection (2) specifying that

a magistrates’ court is the enforcing court in relation to a

confiscation order, and

(b)

a period has been specified under section 11(2) (specified

period for payment) in relation to the confiscation order,

a magistrates’ court may, at any time on or before the final day of

the specified period, order that the Crown Court is instead the

enforcing court in relation to the confiscation order.

(4)

The reference in subsection (3) to the period specified under section

11(2)—

(a)

includes any such period as extended under section 11(4),

and

(b)

where more than one such period has been specified, is a

reference to the period that ends last.

(5)

Where an order has been made under subsection (2) or

(3) specifying that the Crown Court is the enforcing court in relation

to a confiscation order, the Crown Court may, at any time, order

that a magistrates’ court is instead the enforcing court in relation

to the confiscation order.

(6)

A court may make an order under subsection (3) or (5) only if it

considers it appropriate to do so for the purpose of securing the

efficient and effective enforcement of a confiscation order.

(7)

An order under subsection (3) or (5) may include an order

transferring enforcement proceedings to the Crown Court or, as the

case may be, to the magistrates’ court specified in the order.

(8)

The defendant has no right of appeal against an order under this

section.

(9)

If—

(a)

a collection order has been made under Schedule 5 to the

Courts Act 2003 in respect of the sum required to be paid

under a confiscation order, and

(b)

after the making of the collection order, an order is made

under subsection (3) in relation to the confiscation order,

the collection order ceases to have effect.

Page 240

(10)

In this section “enforcement proceedings” means any proceedings

in connection with the enforcement of a confiscation order.

(11)

For the purposes of this Part (other than this section), “the enforcing

court”, in relation to a confiscation order, means—

(a)

the Crown Court in a case where—

(i)

an order has been made under subsection (2) or (3)

specifying that the Crown Court is the enforcing court

in relation to the confiscation order, and

(ii)

no order has subsequently been made under

subsection (5) ;

(b)

a magistrates’ court in any other case.

35E

Power for new enforcing court to vary enforcement action taken

by former enforcing court

(1)

Subsection (2) applies if at any time-

(a)

a magistrates’ court or the Crown Court becomes the

enforcing court (“the new enforcing court”) in relation to a

confiscation order as a result of an order made under section

35D (3) or (5) ,

(b)

before that time the Crown Court or, as the case may be, a

magistrates’ court took enforcement action under an

enforcement power, and

(c)

that action could have been taken by the new enforcing court

under a corresponding enforcement power had the new

enforcing court been the enforcing court in relation to the

order at the time that the enforcement action was taken.

(2)

The new enforcing court may exercise one or more of its enforcement

powers to vary or revoke the enforcement action in the same way

that it could have exercised such a power had the enforcement

action been taken by that court.

(3)

In this section—

(a)

references to taking enforcement action mean making an

order, issuing a direction, warrant or summons, imposing

conditions or taking any other action under an enforcement

power;

(b)

“enforcement power” means any power which may be

exercised by a court in connection with the enforcement of

a confiscation order.

35F

Confiscation order with enforcement plan: initial enforcement

hearing

(1)

This section applies where—

Page 241

(a)

a court has prepared an enforcement plan for a confiscation

order (see section 13ZA ), and

(b)

the defendant defaults on the confiscation order (within the

meaning given by section 13ZA (4) ).

(2)

If the condition in subsection (4) is met the enforcing court must,

at the initial enforcement hearing, make an order or orders in the

terms that were set out in draft in the enforcement plan (the “initial

enforcement orders”).

(3)

If that condition is not met the enforcing court must, at that hearing,

consider what other steps to take for the purposes of enforcing the

confiscation order.

(4)

The condition is that the enforcing court believes that—

(a)

the proceeds of the realisation of property pursuant to the

initial enforcement orders would be less than or equal to the

amount remaining to be paid under the confiscation order,

and

(b)

the interests of justice do not require any initial enforcement

order not to be made.

(5)

In this section “the initial enforcement hearing” means the hearing

held pursuant to section 13ZB .

35G

Power to compel defendant to attend court for enforcement purposes

(1)

This section applies if a court has made a confiscation order.

(2)

The enforcing court may, for any purpose in connection with the

enforcement of the order—

(a)

issue a summons requiring the defendant to appear before

the court at the time and place appointed in the summons,

(b)

issue a warrant to arrest the defendant and bring them before

the court.

(3)

On the failure of the defendant to appear before the court in answer

to a summons issued under subsection (2)(a), the enforcing court

may issue a warrant to arrest them and bring them before the court.

(4)

A warrant issued under this section may be executed in the same

manner, and the same proceedings may be taken with a view to its

execution, in any part of the United Kingdom, as if it had been

issued under section 13 of the Magistrates’ Courts Act 1980.

35H

Financial status orders

(1)

This section applies if a court has made a confiscation order.

Page 242

(2)

The enforcing court may order the defendant to give the court,

before the end of the period specified in the order—

(a)

any information about the defendant’s assets and other

financial circumstances, and

(b)

any documentary or other evidence in support of that

information,

that the court may require in connection with the enforcement of

the confiscation order.

35I

Confiscation assistance advisers

(1)

This section applies if a court has made a confiscation order.

(2)

The enforcing court may appoint any person the court thinks

appropriate to advise and assist the defendant in satisfying the

confiscation order.

(3)

But a person may only be appointed under subsection (2) with the

person’s consent.

“Enforcement by magistrates’ courts

35J

Enforcement as a fine by magistrates’ court

(1)

This section applies if—

(a)

a court has made a confiscation order, and

(b)

a magistrates’ court is for the time being the enforcing court

(see section 35D ).

(2)

The amount required to be paid under the confiscation order is to

be treated for the purposes of collection of any unpaid amount and

enforcement of the order as a fine imposed on the defendant—

(a)

by a magistrates’ court specified in an order made by the

Crown Court, or

(b)

if no such order is made, by the magistrates’ court by which

the defendant was sent to the Crown Court for trial under

section 51 or 51A of the Crime and Disorder Act 1998,

and as having been so imposed on conviction by the magistrates’

court in question.

(3)

Subsection (4) applies where a magistrates’ court issues a warrant

of commitment in default of payment of an amount required to be

paid by a confiscation order.

(4)

The term of imprisonment, or detention under section 108 of the

Powers of Criminal Courts (Sentencing) Act 2000, specified in the

warrant of commitment as the term which the defendant is liable

to serve is to be—

Page 243

(a)

the default term fixed under section 35A (2) , or

(b)

if that term has been reduced under section 35B (2) (part

payment), that term as so reduced.

(5)

In the application of Part 3 of the Magistrates’ Courts Act 1980 to

an amount payable under a confiscation order—

(a)

ignore section 75 of that Act (power to dispense with

immediate payment);

(b)

ignore section 76(3) of that Act (maximum term of

commitment);

(c)

section 77(2) of that Act is to be read as if the words from

“fix a term” to “for default) and” were omitted;

(d)

ignore section 79 (release from custody and reduction of

detention on payment);

(e)

such an amount is not—

(i)

a sum adjudged to be paid by a conviction for the

purposes of section 81 of that Act (enforcement of

fines imposed on young offenders), or

(ii)

a fine for the purposes of section 85 of that Act

(remission of fines);

(f)

in section 87 of that Act, ignore—

(i)

subsection (3) (inquiry into means), and

(ii)

subsection (3A) (requirement for fines officer to

conduct means inquiry before enforcement

proceedings).

(6)

Subsection (7) applies where, by virtue of section 118, a transfer of

fine order under section 222 of the Criminal Procedure (Scotland)

Act 1995 provides for the enforcement by a magistrates’ court in

England and Wales of an amount ordered to be paid under a

confiscation order.

(7)

Section 91(3) of the Magistrates’ Courts Act 1980 is to be read as if

for “fine fell to be enforced by virtue of section 132(1) of the

Sentencing Code” there were substituted “confiscation order fell to

be enforced by virtue of section 35J of the Proceeds of Crime Act

2002”.

(8)

In this section, “unpaid amount”, in relation to a confiscation order,

means an amount required to be paid by the defendant under the

order that has not been paid when it is required to have been paid.

Enforcement by Crown Court: powers corresponding to those of magistrates’ courts

35K

Enforcement by Crown Court: general

(1)

This section and sections 35L to 35R apply if—

Page 244

(a)

a court has made a confiscation order, and

(b)

the Crown Court is for the time being the enforcing court

in relation to the order (see section 35D ).

(2)

The amount required to be paid under the confiscation order is to

be treated for the purposes of any enactment as if it were a sum

adjudged to be paid by a conviction of the Crown Court.

(3)

Payments under the confiscation order are to be made, except where

provided otherwise by an enactment or court order, to the

designated officer for the collecting magistrates’ court.

(4)

For the purposes of this Part, “the collecting magistrates’ court”, in

relation to a confiscation order, means—

(a)

the magistrates’ court specified as the collecting magistrates’

court in the order made under section 35D (2) or (as the case

may be) (3) in relation to the confiscation order, or

(b)

if no such specification is made, the magistrates’ court by

which the defendant was sent to the Crown Court for trial

under section 51 or 51A of the Crime and Disorder Act 1988.

(5)

In sections 35L to 35R , “unpaid amount” , in relation to a confiscation

order, means an amount required to be paid by the defendant under

the order that has not been paid when it is required to have been

paid.

35L

Warrants of control

(1)

The Crown Court may issue a warrant of control for the purpose

of recovering any unpaid amount in relation to the confiscation

order.

(2)

The court may, if it thinks it expedient to do so, postpone the issue

of the warrant until such time and on such conditions, if any, as

the court thinks just.

35M

Warrants of commitment

(1)

The Crown Court may issue a warrant of commitment if the

defendant defaults on the confiscation order (within the meaning

given by section 13ZA (4) ).

(2)

But a warrant of commitment may be issued only—

(a)

where it appears on the return to a warrant of control issued

for the purpose of recovering the unpaid amount, that the

money and goods of the defendant are insufficient to pay

the amount outstanding, or

(b)

instead of a warrant of control.

Page 245

(3)

The term of imprisonment, or detention under section 108 of the

Powers of Criminal Courts (Sentencing) Act 2000 , specified in the

warrant of commitment as the term which the defendant is liable

to serve is to be—

(a)

the default term fixed under section 35A(2), or

(b)

if that term has been reduced under section 35B (2) , that term

as so reduced.

(4)

In subsection (2) (a) “amount outstanding” has the meaning given

by paragraph 50 (3) of Schedule 12 to the Tribunals, Courts and

Enforcement Act 2007 .

35N

Postponement of issue of warrant of commitment

(1)

This section applies where the Crown Court has the power to issue

a warrant of commitment under section 35M .

(2)

The court may, if it thinks it expedient to do so, postpone the issue

of the warrant until such time and on such conditions, if any, as

the court thinks just.

(3)

The court may at any time (and whether or not an application has

been made under subsection (5)) do either or both of the following—

(a)

direct that the issue of the warrant is postponed until a time

different from that to which it was previously postponed;

(b)

vary any of the conditions on which its issue is postponed,

but only if it thinks it just to do so having regard to a change of

circumstances since the relevant time.

(4)

In this section “the relevant time” means—

(a)

where neither of the powers conferred by subsection (3) has

been exercised previously, the date when the issue of the

warrant was postponed under subsection (2), and

(b)

in any other case, the date of the exercise or latest exercise

of either or both of the powers.

(5)

Subsections (6) to (8) apply if, on an application by the defendant,

it appears to the Crown Court that since the relevant time there has

been a change of circumstances which would make it just for the

court to exercise one or other or both of the powers conferred by

subsection (3) .

(6)

The court must—

(a)

fix a time and place for the application to be heard, and

(b)

give notice of that time and place to the defendant.

(7)

Where notice under subsection (6) (b) has been given but the

defendant does not appear at the time and place specified in the

Page 246

notice, the court may consider the application in the defendant’s

absence.

(8)

If a warrant of commitment has been issued before the hearing of

the application, the court may, if it is satisfied that the change of

circumstances on which the defendant relies was not put before the

court when it was determining whether to issue the warrant—

(a)

order that the warrant is to cease to have effect, and

(b)

if the defendant has been arrested under it, order that the

defendant is to be released.

35O

Restriction on power to issue warrant of commitment

(1)

This section applies in relation to the issue of a warrant of

commitment under section 35M otherwise than on the occasion of

the making of the confiscation order.

(2)

The court may not issue the warrant unless—

(a)

the defendant appears to the court to have sufficient means

to pay the unpaid amount immediately, or

(b)

the court—

(i)

is satisfied that the default is due to the defendant’s

wilful refusal or culpable neglect, and

(ii)

has considered or tried the methods of enforcing

payment listed in subsection (3) and it appears to the

court that they are inappropriate or were

unsuccessful.

(3)

The methods of enforcing payment mentioned in subsection (2)(b)(ii)

are—

(a)

a warrant of control under section 35L ;

(b)

an application to the High Court or county court for

enforcement under section 35Q ;

(c)

an attachment of earnings order.

(4)

The warrant must specify which of the conditions in subsection (2)

is satisfied.

(5)

The court may not issue the warrant except at a hearing at which

the defendant is present unless the court has served a notice on the

defendant—

(a)

stating—

(i)

that the court intends to hold a hearing to consider

whether to issue the warrant;

(ii)

the time and place appointed for the hearing,

(b)

giving the reason why the court intends to hold the hearing,

and

Page 247

(c)

informing the defendant that, if the defendant considers that

there are grounds why the warrant should not be issued,

the defendant may make representations to the court in

person or in writing.

(6)

The court may exercise its powers in relation to the issue of the

warrant whether or not the defendant makes representations.

(7)

Subject to subsection (8), the time stated in the notice under

subsection (5)(a)(ii) must not be earlier than the last day of the

period of 21 days beginning with the day after the day on which

the notice was issued.

(8)

Where the notice under subsection (5) is issued at the same hearing

as that at which the court exercises its power to postpone the issue

of the warrant, the time stated in the notice may be a time on any

day after the end of the period for which the issue of the warrant

is postponed.

(9)

A notice under subsection (5) which is sent by registered post, or

by recorded delivery, addressed to the defendant at the defendant’s

last known address is deemed to have been served on the defendant,

even if the notice is returned as undelivered or is for any other

reason not received by the defendant.

35P

Execution of warrant issued by Crown Court under section

35M

(1)

Section 125(2) of the Magistrates’ Courts Act 1980 (execution

anywhere in England and Wales) applies in relation to a warrant

of control or warrant of commitment issued by the Crown Court

under section 35L or 35M as it applies in relation to a warrant of

control or warrant of commitment issued by a justice of the peace.

(2)

Section 125ZA of the Magistrates’ Courts Act 1980 (endorsement of

warrant of control) applies in relation to a warrant of control issued

by the Crown Court under section 35L as it applies in relation to a

warrant of control issued by a justice of the peace.

(3)

Section 125A(1) of the Magistrates’ Courts Act 1980 (enforcement

by civilian enforcement officers) applies to a warrant of control or

warrant of commitment issued by the Crown Court under section

35L or 35M .

(4)

Accordingly, the following sections of the Magistrates’ Courts Act

1980 also apply in relation to a warrant of control or warrant of

commitment issued by the Crown Court under section 35L or 35M —

(a)

section 125B (execution by approved enforcement agency),

(b)

section 125C (disclosure of information), and

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(c)

section 125D(1) and (4) (execution by person not in

possession of warrant).

(5)

In the application of section 125C of the Magistrates’ Courts Act

1980 to a warrant issued by the Crown Court under section 35L or

35M , the references to the designated officer for a magistrates’ court

are to be read as references to the court.

(6)

Section 125CA of the Magistrates’ Courts Act 1980 (power to make

disclosure order) applies in relation to a warrant of control or

warrant of commitment issued by the Crown Court under section

35L or 35M as it applies in relation to a warrant of control or

warrant of commitment issued by a justice of the peace but—

(a)

reading the reference in subsection (1) to a magistrates’ court

as a reference to the Crown Court, and

(b)

reading the reference in subsection (2) to the designated

officer for the court as a reference to the court.

(7)

Section 13 of the Indictable Offences Act 1848 (which relates, among

other things, to the execution in Scotland, Northern Ireland, the Isle

of Man and the Channel Islands of certain warrants of arrest) applies

to a warrant of commitment issued under section 35M as it applies

to a warrant issued in England and Wales by the Crown Court for

an indictable offence.

35Q

Enforcement by High Court or county court

(1)

Payment of the amount required to be paid under the confiscation

order may be enforced by the High Court or the county court

(otherwise than by issue of a writ of control or other process against

goods or by imprisonment or attachment of earnings) as if the

amount were due to the appropriate designated officer in pursuance

of a judgment or order of the High Court or, as the case may be,

the county court.

(2)

“Appropriate designated officer” means the designated officer for

the collecting magistrates’ court (see section 35K (4) ).

35R

Transfer to Scotland or Northern Ireland

(1)

Where it appears to the Crown Court that the defendant is

residing—

(a)

within the jurisdiction of a court of summary jurisdiction in

Scotland, or

(b)

in Northern Ireland,

the court may order that payment of the unpaid amount is

enforceable by that court of summary jurisdiction in Scotland or,

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as the case may be, by a court of summary jurisdiction in Northern

Ireland.

(2)

An order under this section must specify the court of summary

jurisdiction by which payment of the unpaid amount is to be

enforceable.

(3)

If the unpaid amount is more than £100 and payment is to be

enforceable in Scotland, the court specified in the order must be the

sheriff court.

(4)

Where an order is made under this section with respect to an unpaid

amount, functions under sections 35L to 35Q relating to that amount

which, if no such order had been made, would have been exercisable

by the Crown Court cease to be so exercisable.”

(4)

In section 25A (recovery from estate of deceased defendant impractical:

discharge of order)—

(a)

in subsection (1)(c), at the beginning insert “in a case where the

enforcing court is for the time being a magistrates’ court,”;

(b)

in subsection (2), for “court”, the first time it appears, substitute

“Crown Court”.

(5)

Before section 38 insert—

“Provision about imprisonment or detention

(6)

In section 39 (reconsideration etc: variation of prison term)—

(a)

in subsection (1)—

(i)

in paragraph (b), for “35(2A)” substitute “ 35A (3) ”;

(ii)

in paragraph (c), for “129(3) of the Sentencing Code”

substitute “ 35A (2) ”;

(b)

in subsections (2) and (4), for “129(3) of the Sentencing Code”

substitute “ 35A (2) ”;

(c)

in subsection (5)—

(i)

for “35(2A)” substitute “ 35A (3) ”;

(ii)

for “129(3) of that Code” substitute “ 35A (2) ”.

(7)

In section 54 (enforcement receivers), in subsection (7), for the words from

“the one” to the end substitute “—

“(a)

in a case where the enforcing court is for the time being a

magistrates’ court, the designated officer for the court;

(b)

in a case where the enforcing court is for the time being the

Crown Court, the designated officer for the collecting

magistrates’ court (see section 35K (4) ).”

(8)

In section 459 (orders and regulations)—

(a)

in subsection (4)(a), for “35(2C),” substitute “ 35A (5) ,”;

(b)

in subsection (6)(a), for “35(2C),” substitute “ 35A (5) ,”.

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Extension to Crown Court of powers in relation to money, cryptoassets and personal property

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 67 (money)—

(a)

in subsection (5)—

(i)

for “a magistrates’ court” substitute “the enforcing court”;

(ii)

for “to the designated officer for the court” substitute “, as

mentioned in subsection (5ZA) ,”;

(b)

after subsection (5) insert—

“(5ZA)

The money must be paid—

(a)

in a case where the enforcing court is for the time

being a magistrates’ court, to the designated officer

for the court;

(b)

in a case where the enforcing court is for the time

being the Crown Court, to the designated officer for

the collecting magistrates’ court (see section 35K (4) ).”;

(c)

in subsection (5B), for “a magistrates’ court” substitute “the enforcing

court”;

(d)

in subsection (6)—

(i)

in paragraph (a), for “magistrates’ court” substitute

“enforcing court”;

(ii)

in paragraph (b), for “the court” substitute “a magistrates’

court”.

(3)

In section 67ZA (cryptoassets)—

(a)

in subsection (3)—

(i)

in the words before paragraph (a), for “A magistrates’ court”

substitute “The enforcing court”;

(ii)

in paragraph (b), for “to the designated officer for the court”

substitute “, as mentioned in subsection (3A) ,”;

(b)

after subsection (3) insert—

“(3A)

The proceeds of the realisation must be paid—

(a)

in a case where the enforcing court is for the time

being a magistrates’ court, to the designated officer

for the court;

(b)

in a case where the enforcing court is for the time

being the Crown Court, to the designated officer for

the collecting magistrates’ court (see section 35K (4) ).”;

(c)

in subsection (5), for “a magistrates’ court” substitute “the enforcing

court”;

(d)

in subsection (6)—

(i)

in paragraph (a), for “magistrates’ court” substitute

“enforcing court”;

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(ii)

in paragraph (b), for “the court” substitute “a magistrates’

court”.

(4)

In section 67A(3) (seized personal property), for “a magistrates’ court”

substitute “the enforcing court”.

(5)

In section 67AA(2) (destruction of seized cryptoassets), for “A magistrates’

court” substitute “The enforcing court”.

(6)

In section 67B(1) (costs of storage and realisation), for “a magistrates’ court”

substitute “the enforcing court”.

(7)

In section 67D (proceeds of realisation)—

(a)

in subsection (2)(c), after “third,” insert “in a case where the sums

are the proceeds of the realisation of property under section 67A,”;

(b)

in subsection (6), in the definition of “appropriate designated officer”,

for the words from “the designated officer” to the end substitute

“—

“(a)

in a case where the enforcing court is for the time

being a magistrates’ court, the designated officer for

the court;

(b)

in a case where the enforcing court is for the time

being the Crown Court, the designated officer for the

collecting magistrates’ court (see section 35K (4) ).”

(8)

In section 69(2A) (powers of court and receiver etc), in paragraph (c) for

“a magistrates’ court” substitute “the enforcing court”.

Extension to Crown Court of powers under Schedule 5 to Courts Act 2003 to make attachment

of earnings orders and applications for benefit deductions

(1)

Schedule 5 to the Courts Act 2003 (collection of fines and other sums

imposed on conviction) is amended as follows.

(2)

In paragraph 1 (application of Schedule)—

(a)

in sub-paragraph (1) omit “(“P”)”;

(b)

after sub-paragraph (1) insert—

“(1A)

Parts 1, 3, 3A and 10 also apply if a person aged 18 or

over is liable to pay a sum required to be paid under a

confiscation order and the Crown Court is for the time

being the enforcing court in relation to the order (within

the meaning given by section 35D of the Proceeds of Crime

Act 2002).”

(3)

In paragraph 2 (interpretation)—

(a)

in sub-paragraph (1), for the words from “the sum adjudged to be

paid” to the end, substitute “—

“(a)

in a case where this Schedule applies as mentioned

in sub-paragraph (1) of paragraph 1, the sum

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adjudged to be paid as mentioned in that

sub-paragraph;

(b)

in a case where this Schedule applies as mentioned

in sub-paragraph (1A) of paragraph 1, the sum

required to be paid as mentioned in that

sub-paragraph;

(c)

in a case where this Schedule applies as mentioned

in paragraph (2) of paragraph 1, the sum payable

under a notice of conviction and penalty.”;

(b)

after sub-paragraph (1) insert—

“(1A)

In this Schedule “P” means—

(a)

in a case where this Schedule applies as mentioned

in sub-paragraph (1) of paragraph 1, the person

mentioned in that sub-paragraph;

(b)

in a case where this Schedule applies as mentioned

in sub-paragraph (1A) of paragraph 1, the person

mentioned in that sub-paragraph.”.

(4)

In paragraph 3(1) (meaning of “existing defaulter”), after sub-paragraph

(d) (but before the “or” at the end of that sub-paragraph) insert—

“(da)

he is in default in payment of a sum (or, where this Schedule

applies as mentioned in sub-paragraph 1 (1A) , another sum)

falling within paragraph 1 (1A) ,”.

(5)

In paragraph 7 (application of provisions about attachment of earnings

orders and applications for benefit deductions)—

(a)

in sub-paragraph (2), for paragraph (b) substitute—

“(b)

the enforcing court.”;

(b)

after sub-paragraph (2) insert—

“(2A)

In sub-paragraph (2)(b), the “enforcing court” means—

(a)

in a case where the sum due is required to be paid

under a confiscation order, the court that is the

enforcing court in relation to the order (within the

meaning given by section 35D of the Proceeds of

Crime Act 2002);

(b)

in any other case, the magistrates’ court responsible

for enforcing payment of the sum due.”

(6)

In paragraph 9C(3B) (meaning of “P” in Part 3A), in the definition of “P”,

for “paragraph 1” substitute “paragraph 2”.

(7)

In paragraph 11(2) (meaning of “the relevant court” in Part 4), for the words

from “has the same meaning” to the end, substitute “means—

“(a)

the court which is imposing the liability to pay the sum due,

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(b)

the magistrates’ court responsible for enforcing payment of

the sum due.”

Application of Attachment of Earnings Act 1971 to attachment of earnings orders made by

the Crown Court

(1)

The Attachment of Earnings Act 1971 is amended as follows.

(2)

In section 6(7) (collecting officer of the court for purposes of attachment of

earnings order), after paragraph (a) insert—

“(aza)

in the case of an order made by the Crown Court under

Schedule 5 to the Courts Act 2003 in relation to a sum

required to be paid under a confiscation order, the designated

officer for the collecting magistrates’ court in relation to the

confiscation order (within the meaning given by section

35K (4) of the Proceeds of Crime Act 2002);”.

(3)

In section 15D (interpretation of provisions relating to finding the debtor’s

employer) (as inserted by section 92 of the Tribunals, Courts and

Enforcement Act 2007), after subsection (2) insert—

“(2A)

If the lapsed order was made by the Crown Court under Schedule

5 to the Courts Act 2003, the proper authority is the Crown Court,

a magistrates’ court or the designated officer for a magistrates’

court.”

(4)

In section 17 (consolidated attachment orders), after subsection (1) insert—

“(1A)

The powers of the Crown Court under Schedule 5 to the Courts

Act 2003 include power to make an attachment of earnings order

to secure the discharge of any number of such liabilities as are

specified in paragraph 1 (1A) of that Schedule.”

Collection orders in respect of confiscation orders

(1)

Schedule 5 to the Courts Act 2003 is amended as follows.

(2)

In paragraph 2(2), after the definition of “a sum required to be paid by a

compensation order” insert—

““a sum required to be paid by a confiscation order” means any sum

required to be paid under an order made under section 6 of the

Proceeds of Crime Act 2002;”.

(3)

In paragraph 13(1) (content of collection orders), in paragraph (aa)—

(a)

in the words before sub-paragraph (i), after “compensation order,”

insert “a sum required to be paid by a confiscation order,”;

(b)

in sub-paragraph (i), after “compensation order,” insert “the amount

required to be paid under the confiscation order,”.

Page 254

Taking control of goods to recover a sum due under a confiscation order

(1)

Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking

control of goods) is amended as follows.

(2)

In paragraph 3(1) (general interpretation), in the definition of “the court”,

after paragraph (b) insert—

“(ba)

in relation to an enforcement power under a warrant of

control issued for the recovery of a sum required to be paid

under an order under section 6 of the Proceeds of Crime Act

2002 (confiscation orders), the court that is the enforcing

court in relation to the order (within the meaning given by

section 35D of that Act);”.

(3)

In paragraph 17 (powers to use reasonable force), after “18,” insert “18ZA,”.

(4)

After paragraph 18 insert—

“18ZA

This paragraph applies if these conditions are met—

(a)

the enforcement agent has power to enter the premises

under paragraph 14 or 16 under a warrant under

paragraph 15;

(b)

the enforcement agent is acting under an enforcement

power conferred by a warrant of control issued under

section 35L of the Proceeds of Crime Act 2002 (powers of

Crown Court to issue warrant of control to enforce

confiscation order);

(c)

the enforcement agent is entitled to execute the warrant

by virtue of section 125A (execution by civilian

enforcement officer) or 125B (execution by approved

enforcement agency) of the Magistrates’ Courts Act 1980

as applied by section 35P of the Proceeds of Crime Act

2002.”

(5)

In paragraph 19A(1) (power of entry where there is a controlled goods

agreement), for paragraph (e) substitute—

“(e)

none of paragraphs 18, 18ZA or 19 applies.”

Part 9

Restraint orders

Conditions for making of restraint order: risk of dissipation

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 40 (conditions for exercise of power to make restraint order), for

subsection (1) substitute—

“(1)

Section 41 (power to make a restraint order) applies if—

Page 255

(a)

any of the first to fifth conditions is satisfied (see subsections

(2) to (6)), and

(b)

there is a real risk that relevant realisable property held by

any person will be dissipated unless the Crown Court

exercises the powers conferred by section 41 in relation to

that property.

(1A)

For the purposes of this section—

(a)

“relevant realisable property” is realisable property that could

be used for the purpose of satisfying any confiscation order

that has been or may be made against the defendant;

(b)

a reference to relevant realisable property being “dissipated”

is to it ceasing to be available for that purpose.

(1B)

In determining for the purposes of subsection (1) (b) whether there

is a real risk of relevant realisable property being dissipated, the

court must, in particular, have regard to the following—

(a)

the nature of the relevant realisable property;

(b)

the extent to which any person has taken steps with a view

to relevant realisable property being dissipated;

(c)

any circumstances of a person who holds the relevant

realisable property that may affect the ease with which they

would be able to secure the dissipation of the property;

(d)

any evidence of such a person’s character;

(e)

the nature of the defendant’s criminal conduct;

(f)

the amount by which the defendant is suspected or believed

to have benefited from their criminal conduct;

(g)

the stage of the proceedings for an offence against the

defendant.”

(3)

In section 41(1) (power to make restraint order), for “If any condition set

out in section 40 is satisfied” substitute “In a case where this section applies

(see section 40),”.

Exception to restraint orders for reasonable legal expenses

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 41 (restraint orders)—

(a)

omit subsections (2A) and (2B);

(b)

in subsection (3)—

(i)

omit “other”;

(ii)

after paragraph (b) insert—

“(c)

be made subject to conditions.”;

(c)

in subsection (4), for the words before paragraph (a) substitute

“Section 41ZA applies to an exception to a restraint order if the

Page 256

exception makes provision for any reasonable legal expenses

which—”;

(d)

omit subsections (5A) and (5B);

(e)

omit subsection (10).

(3)

After section 41 insert—

“41ZA

Exception for legal expenses in respect of offence with which

confiscation proceedings concerned

(1)

Where the court makes an exception to a restraint order under

section 41(3) to which this section applies, it must ensure that the

exception—

(a)

is limited to legal expenses that the specified person has

reasonably incurred or that the person reasonably incurs,

(b)

specifies the total amount that may be released for legal

expenses in pursuance of the exception, and

(c)

is made subject to the required conditions (in addition to

any conditions imposed under section 41(3)(c)).

(2)

The Lord Chancellor may by regulations specify the required

conditions for the purposes of subsection (1) .

(3)

A required condition may, in particular—

(a)

restrict who may receive sums released in pursuance of the

exception (by, for example, requiring released sums to be

paid to professional legal advisers), or

(b)

be made for the purpose of controlling the amount of any

sum released in pursuance of the exception in respect of an

item of expenditure.

(4)

A required condition made for the purpose mentioned in subsection

(3) (b) may, for example, provide for a sum to be released in respect

of an item of expenditure only if—

(a)

the court has assessed the amount allowed by the regulations

in respect of that item, and

(b)

the sum is released for payment of the assessed amount.

(5)

For the purposes of subsection (4) , the regulations may, in particular,

make provision—

(a)

limiting the amount of remuneration allowable to

representatives for a unit of time worked;

(b)

limiting the total amount of remuneration allowable to

representatives for work done in connection with proceedings

or a step in proceedings;

(c)

limiting the amount allowable in respect of an item of

expenditure incurred by a representative or incurred,

otherwise than in respect of the remuneration of a

representative, by a party to proceedings.

Page 257

(6)

Before making regulations under this section, the Lord Chancellor

must consult such persons as the Lord Chancellor considers

appropriate.”

(4)

In section 459 (orders and regulations), in each of subsections (4)(a) and

(6)(a), omit “41(5A),”.

Exception to restraint order for reasonable living expenses

In section 41 of the Proceeds of Crime Act 2002 (restraint orders)—

(a)

after subsection (3) insert—

“(3A)

In making an exception to a restraint order that makes

provision for reasonable living expenses the court must, in

particular, have regard to the following—

(a)

the period for which the restraint order is to have

effect;

(b)

the specified person’s applicable standard of living

(see subsection (11) );

(c)

the specified person’s means;

(d)

the value of relevant realisable property held by the

specified person in relation to the amount that the

defendant is, or is likely to be, required to pay under

a confiscation order;

(e)

the extent to which expenditure by the specified

person is necessary or desirable for the purpose of

improving or maintaining the value of relevant

realisable property held by them.”;

(b)

at the end insert—

“(11)

In this section—

“applicable standard of living” , in relation to a specified

person, means—

(a)

the person’s standard of living immediately

before the making of the restraint order, or

(b)

in a case where there is reasonable cause to

believe that the person enjoys a higher

standard of living as a result of criminal

activity, the standard of living that the person

would enjoy but for that activity;

“relevant realisable property” has the same meaning as

in section 40.”

Discharge of restraint order etc: proceedings not started within reasonable time

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 41 (restraint orders)—

Page 258

(a)

in subsection (7A), for “and (7C)” substitute “to (7CA)”;

(b)

after subsection (7C) insert—

“(7CA)

In determining for the purposes of subsection (7B)(b) whether

proceedings for the offence have not started within a

reasonable time, the court must, in particular, have regard

to the following—

(a)

the length of time that has passed since the making

of the restraint order;

(b)

the reasons given by the prosecutor for proceedings

not having started within that time;

(c)

the length and complexity of the criminal

investigation, both before and after the making of

the restraint order;

(d)

the extent to which the matters subject to that

investigation include matters arising abroad;

(e)

the length and complexity of the potential

proceedings;

(f)

the nature of the restraint order (for example, the

extent of the property to which it relates);

(g)

the impact of the restraint order on any person

affected by the order.”

(3)

In section 42 (restraint orders: application, discharge and variation), after

subsection (7) insert—

“(7A)

In determining for the purposes of subsection (7)(a) whether

proceedings for the offence have not started within a reasonable

time, the court must, in particular, have regard to the following—

(a)

the length of time that has passed since the making of the

restraint order;

(b)

the reasons given by the prosecutor for proceedings not

having started within that time;

(c)

the length and complexity of the criminal investigation, both

before and after the making of the restraint order;

(d)

the extent to which the matters subject to that investigation

include matters arising abroad;

(e)

the length and complexity of the potential proceedings;

(f)

the nature of the restraint order (for example, the extent of

the property to which it relates);

(g)

the impact of the restraint order on any person affected by

the order.”

Page 259

Restraint orders: effect of conviction

After section 42 of the Proceeds of Crime Act 2002 insert—

“42A

Restraint orders: effect of conviction

(1)

In making or varying a restraint order at any time after the

defendant’s conviction for an offence, the Crown Court must have

regard, in particular, to—

(a)

the fact of the defendant’s conviction, and

(b)

whether any of the following has been, or is likely to be,

made against the defendant—

(i)

a compensation order under Chapter 2 of Part 7 of

the Sentencing Code;

(ii)

an order requiring payment of a surcharge under

section 42 of that Code;

(iii)

an unlawful profit order under section 4 of the

Prevention of Social Housing Fraud Act 2013;

(iv)

a slavery and trafficking reparation order under

section 8 of the Modern Slavery Act 2015.

(2)

Subsections (3) and (4) apply where—

(a)

the Crown Court makes a restraint order at a time when the

defendant has not been convicted of an offence, and

(b)

the defendant is subsequently convicted of an offence at a

time when the order remains in force.

(3)

If the restraint order is subject to an exception made under section

41(3), the Crown Court must review the appropriateness of the

exception having regard, in particular, to the matters mentioned in

subsection (1) .

(4)

Following that review the court may vary the restraint order,

whether or not an application has been made under section 42(3).”

Part 10

Management receivers

Appointment of management receiver

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 48 (appointment of management receiver)—

(a)

after subsection (1) insert—

“(1A)

Subsection (2) also applies if—

(a)

a magistrates’ court has made a further detention

order, and

Page 260

(b)

an application is made to the Crown Court to proceed

under subsection (2) by—

(i)

the prosecutor, or

(ii)

an accredited financial investigator.”;

(b)

in subsection (2), after “restraint order” insert “or (as the case may

be) further detention order”;

(c)

after subsection (2) insert—

“(3)

For the purposes of this section and section 49, a “further

detention order” is an order made in relation to property

under section 47M (further detention of property detained

under section 47J).”

(3)

In section 49 (powers of management receiver)—

(a)

in subsection (1), after “restraint order” insert “or (as the case may

be) further detention order (referred to in this section as the “relevant

order”)”;

(b)

in subsections (2), (5) and (6)(a), for “restraint order” substitute

“relevant order”.

(4)

In section 63 (discharge and variation), in subsection (3)(a), after “section

40” insert “or 47B”.

Part 11

Appeals

Appeal rights in relation to confiscation proceedings

(1)

The Proceeds of Crime Act 2002 is amended in accordance with

sub-paragraphs (2) to (9) .

(2)

After section 67D insert—

“Appeals

67E

Appeals in relation to confiscation orders

(1)

If the Crown Court makes a confiscation order, the prosecutor may

appeal to the Court of Appeal in respect of the order.

(2)

If the Crown Court decides not to make a confiscation order, the

prosecutor may appeal to the Court of Appeal against the decision.

(3)

For the defendant’s right of appeal—

(a)

where the Crown Court makes a confiscation order, and

(b)

in respect of an order fixing the default term,

see section 50(1) of the Criminal Appeal Act 1968 (the effect of which

is that, for the purposes of the appeal rights conferred by that Act,

both such orders form part of the defendant’s sentence).

Page 261

(4)

On an appeal under subsection (1) the Court of Appeal—

(a)

may confirm, vary or quash the confiscation order, and

(b)

if it quashes the order, may direct the Crown Court to

proceed afresh under section 6.

(5)

On an appeal under subsection (2) the Court of Appeal—

(a)

may confirm the decision, or

(b)

if it believes that the decision was wrong, may—

(i)

itself proceed under section 6 (ignoring subsections

(1) to (3)), or

(ii)

direct the Crown Court to proceed afresh under that

section.

(6)

An appeal lies to the Supreme Court from a decision of the Court

of Appeal on an appeal under this section, at the instance of the

defendant or the prosecutor.

(7)

On an appeal from a decision of the Court of Appeal to confirm,

vary or make a confiscation order the Supreme Court may confirm,

vary or quash the order.

(8)

On an appeal from a decision of the Court of Appeal to confirm

the decision of the Crown Court not to make a confiscation order,

or from a decision of the Court of Appeal to quash a confiscation

order, the Supreme Court may—

(a)

confirm the decision, or

(b)

direct the Crown Court to proceed afresh under section 6 if

it believes the decision was wrong.

(9)

In proceeding afresh under section 6 pursuant to this section, the

Crown Court must comply with any directions the Court of Appeal

or (as the case may be) the Supreme Court may make.

67F

Appeals under section 67E: supplementary

(1)

This section applies if a court makes or varies a confiscation order

pursuant to section 67E .

(2)

The court must—

(a)

have regard to any fine imposed on the defendant in respect

of the offence (or any of the offences) concerned;

(b)

have regard to any order which falls within section 13(3)

and has been made against the defendant in respect of the

offence (or any of the offences) concerned, unless the order

has already been taken into account by a court in deciding

what is the free property held by the defendant for the

purposes of section 9.

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(3)

Subsections (4) to (9) apply if a court makes a confiscation order

pursuant to section 67E .

(4)

If a court has already sentenced the defendant for the offence (or

any of the offences) concerned, section 6 has effect as if the

defendant’s particular criminal conduct included conduct which

constitutes offences which the court has taken into consideration in

deciding the defendant’s sentence for the offence or offences

concerned.

(5)

If an order falling with subsection (6) has been made against the

defendant in respect of the offence (or any of the offences) concerned

the court must have regard to the order.

(6)

These orders fall within this subsection—

(a)

a compensation order under Chapter 2 of Part 7 of the

Sentencing Code;

(b)

an order requiring payment of a surcharge under section 42

of the Sentencing Code;

(c)

an unlawful profit order under section 4 of the Prevention

of Social Housing Fraud Act 2013;

(d)

a slavery and trafficking reparation order under section 8 of

the Modern Slavery Act 2015.

(7)

Section 8(2) does not apply, and the rules applying instead are that

the court must—

(a)

take account of conduct occurring before the relevant date;

(b)

take account of property obtained before that date;

(c)

take account of property obtained on or after that date if it

was obtained as a result of or in connection with conduct

occurring before that date.

(8)

In section 10—

(a)

the first and second assumptions do not apply with regard

to property first held by the defendant on or after the

relevant date;

(b)

the third assumption does not apply with regard to

expenditure incurred by the defendant on or after that date;

(c)

the fourth assumption does not apply with regard to

property obtained (or assumed to have been obtained) by

the defendant on or after that date.

(9)

Section 26 applies as it applies in the circumstances mentioned in

subsection (1) of that section.

(10)

For the purposes of this section, “the relevant date” is—

(a)

in a case where the Crown Court made a confiscation order

which was quashed by the Court of Appeal, the date on

which the Crown Court made the order;

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(b)

in any other case, the date on which the Crown Court

decided not to make a confiscation order.

67G

Appeals in relation to section 10A determinations

(1)

If a court makes a determination under section 10A of the extent

of the defendant’s interest in property, the following may appeal

to the Court of Appeal in respect of the determination—

(a)

the prosecutor;

(b)

the defendant, if subsection (2) applies;

(c)

a person who the Court of Appeal believes is or may be a

person holding an interest in the property, if subsection (2)

applies.

(2)

This subsection applies if—

(a)

the defendant or (as the case may be) the person within

subsection (1) (c) was not given a reasonable opportunity to

make representations when the determination was made, or

(b)

it appears to the Court of Appeal to be arguable that giving

effect to the determination would result in a serious risk of

injustice to the defendant or that other person.

(3)

But there is no right of appeal for the defendant or a person within

subsection (1) (c) if—

(a)

the Court of Appeal believes that an application under

section 50 is to be made by the prosecutor for the

appointment of a receiver,

(b)

such an application has been made but not yet determined,

(c)

a receiver has been appointed under section 50.

(4)

On an appeal under this section the Court of Appeal may—

(a)

confirm the determination, or

(b)

make such order as it believes is appropriate.

(5)

An appeal lies to the Supreme Court from a decision of the Court

of Appeal on an appeal under this section, at the instance of any

person who was a party to the proceedings on the appeal.

(6)

On an appeal under subsection (5) the Supreme Court may—

(a)

confirm the decision of the Court of Appeal, or

(b)

make such order as it believes is appropriate.

67H

Appeals in relation to compliance orders

(1)

If, on an application under section 13A(3)(b), the Crown Court

decides not to make a compliance order, the prosecutor may appeal

to the Court of Appeal against the decision.

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(2)

If the Crown Court decides to make, discharge or vary a compliance

order, the following persons may appeal to the Court of Appeal in

respect of the decision—

(a)

the prosecutor;

(b)

the defendant;

(c)

any other person affected by the order.

(3)

On an appeal under subsection (1) or (2) the Court of Appeal may—

(a)

confirm the decision, or

(b)

make such order as it believes is appropriate.

(4)

An appeal lies to the Supreme Court from a decision of the Court

of Appeal on an appeal under this section, at the instance of any

person who was a party to the proceedings on the appeal.

(5)

On an appeal under subsection (4) the Supreme Court may—

(a)

confirm the decision of the Court of Appeal, or

(b)

make such order as it believes is appropriate.

(6)

In this section “compliance order” means an order made under

section 13A.

67I

Appeals in relation to variations of confiscation order

(1)

If the Crown Court makes an order under section 21, 22 or 23

varying a confiscation order, the prosecutor may appeal to the Court

of Appeal in respect of the order.

(2)

For the defendant’s right of appeal where the Crown Court makes

an order under section 21 or 22, see section 50(1)(cb) of the Criminal

Appeal Act 1968 (the effect of which is that, for the purposes of the

appeal rights conferred by that Act, any such order forms part of

the defendant’s sentence).

(3)

On an appeal under subsection (1) the Court of Appeal—

(a)

may confirm, vary or quash the order concerned, and

(b)

if it quashes the order, may direct the Crown Court to

proceed afresh under section 21, 22 or 23.

(4)

An appeal lies to the Supreme Court from a decision of the Court

of Appeal on an appeal under this section, at the instance of the

defendant or the prosecutor.

(5)

On an appeal from a decision of the Court of Appeal to confirm or

vary the order concerned the Supreme Court may confirm, vary or

quash the order.

(6)

On an appeal from a decision of the Court of Appeal to quash the

order concerned the Supreme Court may—

(a)

confirm the decision of the Court of Appeal, or

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(b)

direct the Crown Court to proceed afresh under section 21,

22 or 23 if it believes the decision was wrong.

(7)

In proceeding afresh pursuant to this section, the Crown Court must

comply with any directions the Court of Appeal or (as the case may

be) the Supreme Court may make.

67J

Appeals in relation to restraint orders

(1)

If, on an application under section 42 for a restraint order, the Crown

Court decides not to make one, the person who applied for the

order may appeal to the Court of Appeal against the decision.

(2)

If an application is made under section 42(3) in relation to a restraint

order or an order under section 41(7), the following may appeal to

the Court of Appeal in respect of the Crown Court’s decision on

the application—

(a)

the person who applied for the order;

(b)

any person affected by the order.

(3)

On an appeal under subsection (1) or (2) the Court of Appeal may—

(a)

confirm the decision, or

(b)

make such order as it believes is appropriate.

(4)

An appeal lies to the Supreme Court from a decision of the Court

of Appeal on an appeal under this section, at the instance of any

person who was a party to the proceedings before the Court of

Appeal.

(5)

On an appeal under subsection (4) the Supreme Court may—

(a)

confirm the decision of the Court of Appeal, or

(b)

make such order as it believes is appropriate.

67K

Appeals in relation to management and enforcement receivers

(1)

If, on an application for an order under any of sections 48 to 51 or

62, the Crown Court decides not to make one, the person who

applied for the order may appeal to the Court of Appeal against

the decision.

(2)

If the Crown Court makes an order under any of sections 48 to 51

or 62, any of the following may appeal to the Court of Appeal in

respect of the order—

(a)

the person who applied for the order;

(b)

any person affected by the order;

(c)

if the order was made under section 62, the receiver.

(3)

The following may appeal to the Court of Appeal against a decision

of the Crown Court on an application under section 63—

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(a)

the person who applied for the order in respect of which

the application was made;

(b)

any person affected by the court’s decision;

(c)

the receiver.

(4)

On an appeal under this section the Court of Appeal may—

(a)

confirm the decision, or

(b)

make such order as it believes is appropriate.

(5)

An appeal lies to the Supreme Court from a decision of the Court

of Appeal on an appeal under this section, at the instance of any

person who was a party to the proceedings before the Court of

Appeal.

(6)

On an appeal under subsection (5) the Supreme Court may—

(a)

confirm the decision of the Court of Appeal, or

(b)

make such order as it believes is appropriate.

67L

Appeals in relation to realisation etc of seized property

(1)

If the enforcing court decides not to make an order under section

67ZA(3), 67A(3) or 67AA(2), an appropriate officer may appeal

against the decision to the applicable court.

(2)

If the enforcing court makes an order under 67ZA(3), 67A(3) or

67AA(2), a person affected by the order may appeal in respect of

the order to the applicable court, but only if conditions 1 and 2 are

met (and see subsection (5) ).

(3)

Condition 1 is met if no determination under section 10A has been

made in relation to the case.

(4)

Condition 2 is met if—

(a)

the person concerned was not given a reasonable opportunity

to make representations when the confiscation order was

made, or

(b)

it appears to the applicable court to be arguable that not

hearing the appeal would result in a serious risk of injustice

to that person.

(5)

A person holding the property to which the order under section

67ZA, 67A or (as the case may be) 67AA relates may not appeal

under subsection (2) if there is a confiscation order made against

them.

(6)

An appropriate officer may appeal to the applicable court against—

(a)

a decision by the enforcing court not to make a determination

under section 67B;

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(b)

a determination made by the enforcing court under that

section.

(7)

On an appeal under this section to the Court of Appeal it may—

(a)

confirm the decision, or

(b)

make such order as it believes is appropriate.

(8)

An appeal lies to the Supreme Court from a decision of the Court

of Appeal on an appeal under this section, at the instance of any

person who was a party to the proceedings before the Court of

Appeal.

(9)

On an appeal under subsection (8) the Supreme Court may—

(a)

confirm the decision of the Court of Appeal, or

(b)

make such order as it believes is appropriate.

(10)

In this section—

“the applicable court” is—

(a)

in a case where the enforcing court is a magistrates’

court, the Crown Court;

(b)

in a case where the enforcing court is the Crown

Court, the Court of Appeal;

“appropriate officer” has the same meaning as in section 41A.”

(3)

In section 44A (detention of property pending appeal), in subsections (1)(b)

and (2)(b), for “43(3)(b)” substitute “ 67J (3) (b) ”.

(4)

In section 46 (hearsay evidence), in subsection (3)(c), for “43 or 44” substitute

“ 67J ”.

(5)

In section 68 (applications and appeals), in subsection (1)(b), for “43, 44, 65

or 66” substitute “ 67J or 67K ”.

(6)

In section 69 (powers of court and receiver etc), in subsection (1)(a), for

“and sections 62 to 67D” substitute “, sections 62 to 67D and sections 67J

to 67L ”.

(7)

In section 85 (proceedings), in subsection (6)—

(a)

in paragraph (a), for “31(2)” substitute “ 67E (2) ”;

(b)

in paragraph (b), for “31(2)” substitute “ 67E (2) ”;

(c)

in paragraph (c)—

(i)

for “31(2)” substitute “ 67E (2) ”;

(ii)

for “33” substitute “ 67E (6) ”;

(d)

in paragraph (d)—

(i)

for “31(2)” substitute “ 67E (2) ”;

(ii)

for “33” substitute “ 67E (6) ”;

(e)

in paragraph (e)—

(i)

for “31(2)” substitute “ 67E (2) ”;

(ii)

for “33” substitute “ 67E (6) ”;

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(f)

in paragraph (f), for “31(2)” substitute “ 67E (2) ”;

(g)

in paragraph (g), for “33” substitute “ 67E (6) ”.

(8)

In section 89 (procedure on appeal to the Court of Appeal), in subsection

(4)—

(a)

in paragraph (za), for “31(4)” substitute “ 67G (1) ”;

(b)

in paragraph (a), for “43(1) or (2)” substitute “ 67J (1) or (2) ”;

(c)

in paragraph (b), for “65” substitute “ 67K (1) to (3) ”.

(9)

Omit—

(a)

section 13B (appeals against compliance orders);

(b)

sections 31 to 33 (appeals against confiscation orders);

(c)

sections 43 and 44 (restraint orders: appeals);

(d)

sections 65 and 66 (receivers: appeals);

(e)

section 67C (orders in relation to seized property: appeals).

(10)

In section 50 of the Criminal Appeal Act 1968 (meaning of sentence)—

(a)

in subsection (1), in paragraph (ca), omit the words from “(but” to

the end;

(b)

after subsection (3) insert—

“(4)

A determination made under section 10A of the Proceeds of

Crime Act 2002 is not a sentence for the purposes of this

Act (see section 67G of that Act for rights of appeal in

relation to such a determination).

(5)

A compliance order made under section 13A of the Proceeds

of Crime Act 2002 is not a sentence for the purposes of this

Act (see section 67H of that Act for rights of appeal in

relation to such an order).”

Part 12

Consequential and related amendments

Courts Act 2003 (c. 39)

In the Courts Act 2003, in Schedule 8 (minor and consequential

amendments), omit paragraph 406.

Constitutional Reform Act 2005 (c. 4)

In the Constitutional Reform Act 2005, in Schedule 9 (amendments relating

to jurisdiction of the Supreme Court), omit paragraph 77(2) and (3).

Serious Crime Act 2007 (c. 27)

In the Serious Crime Act 2007, in Schedule 8 (abolition of Assets Recovery

Agency and its Director)—

Page 269

(a)

omit paragraph 4;

(b)

omit paragraphs 16 and 17;

(c)

omit paragraph 19;

(d)

omit paragraph 32.

Prevention of Social Housing Fraud Act 2013 (c. 3)

In the Prevention of Social Housing Fraud Act 2013, in the Schedule

(consequential amendments)—

(a)

omit paragraphs 15 and 16;

(b)

omit paragraph 17(3);

(c)

omit paragraph 18(3);

(d)

omit paragraphs 19 to 21.

Crime and Courts Act 2013 (c. 22)

Omit sections 46 and 47 of the Crime and Courts Act 2013 (restraint orders

and legal aid).

Serious Crime Act 2015 (c. 9)

The Serious Crime Act 2015 is amended as follows.

Omit section 3 (appeals in relation to confiscation orders).

In section 6 (confiscation and victim surcharge orders), omit subsections

(4) and (5).

In section 10 (default sentences), omit subsection (1).

In Schedule 4 (minor and consequential amendments)—

(a)

omit paragraphs 21 and 22;

(b)

omit paragraph 23(3);

(c)

omit paragraph 24(3);

(d)

omit paragraphs 25 to 30.

Modern Slavery Act 2015 (c. 30)

The Modern Slavery Act 2015 is amended as follows.

In section 10 (supplementary provision about slavery and trafficking

reparation orders)—

(a)

in subsection (6)—

(i)

for “24” substitute “ 24A ”;

(ii)

after “the court” insert “provisionally discharges or (as the

case may be)”;

(b)

in subsection (8), in the words before paragraph (a), for “31”

substitute “ 67E (1) or (2) or 67G (1) ”;

Page 270

(c)

in subsection (9), in the words before paragraph (a), for “33”

substitute “ 67E (6) or 67G (5) ” .

In Schedule 5 (minor and consequential amendments), omit paragraphs 16

to 19.

Criminal Finances Act 2017 (c. 22)

In section 32 of the Criminal Finances Act 2017 (reconsideration of

discharged orders), omit subsections (2) and (3).

Sentencing Act 2020 (c. 17)

The Sentencing Act 2020 is amended as follows.

In section 42 (court’s duty to order payment of surcharge), in subsection

(2)(b), for the words from “15” to the end substitute “ 15A of the Proceeds

of Crime Act 2002 (effect on duty in subsection (1) where court sentences

before confiscation proceedings)”.

In section 46 (criminal courts charge duty), in subsection (1), omit the words

from “But” to the end.

In section 125 (exercise of court’s powers to impose fine and fix amount),

in subsection (6)(b), for the words from “15” to the end substitute “ 15A

(where court sentences before confiscation proceedings)”.

In section 135 (making a compensation order), in subsection (6)(b), for the

words from “15” to the end substitute “ 15A (where court sentences before

confiscation proceedings)”.

In section 155 (exercise of power to make a deprivation order), in subsection

(3)(b), for the words from “15” to the end substitute “ 15A (where court

sentences before confiscation proceedings)”.

(1)

Schedule 22 (prospective amendments of the Sentencing Code and related

legislation) is amended as follows.

(2)

After Part 7 insert—

Part 7A

Amendments of other Acts consequential on prospective abolition

of detention in default of payment of fines etc

Proceeds of Crime Act 2002 (c. 29)

100A

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 35A (default term of imprisonment or detention)—

(a)

in subsection (2) , for paragraphs (a) and (b) substitute “of

imprisonment”;

(b)

in subsection (4) , in the opening words, omit “, or

detained,”;

Page 271

(c)

in the heading, omit “or detention”.

(3)

In section 35J (enforcement by magistrates’ court), in subsection

(4) , omit the words from “, or detention” to “Act 2000,”.

(4)

In section 35M (warrant of commitment issued by Crown Court),

in subsection (3) , omit the words from “, or detention” to “Act

2000,”.”

(3)

In Part 8 (amendments of other Acts consequential on prospective change

to age limit for imprisonment) at the end insert—

“Proceeds of Crime Act 2002 (c. 29)

103

In section 35A of the Proceeds of Crime Act 2002 (default term

of imprisonment or detention), in subsection (4) (c) , omit “, custody

for life or detention in a young offender institution”.”

In Schedule 24 (consequential amendments)—

(a)

omit paragraphs 183 and 184;

(b)

omit paragraph 185(3);

(c)

omit paragraph 186(3);

(d)

omit paragraphs 187 and 188;

(e)

omit paragraphs 190 to 192.

Schedule 15

Section 102 (2)

Confiscation orders: Northern Ireland

Part 1

The principal objective

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

At the beginning of Part 4 insert—

“Exercise of powers: general

155A

The principal objective

(1)

This section applies to any power conferred by or under this Part

on—

(a)

a court;

(b)

a prosecutor;

(c)

a person who is an appropriate officer within the meaning

given by section 190A(3) or 195A(1);

(d)

any other person whose functions include the investigation

of crime;

Page 272

(e)

a receiver appointed under section 196 or 198.

(2)

The principal objective in exercising a power to which this section

applies in relation to a defendant is to deprive the defendant of the

defendant’s benefit from criminal conduct, so far as within the

defendant’s means.

(3)

The defendant’s means are to be taken to include any tainted gifts

made by the defendant.

(4)

A court or person must exercise any power to which this section

applies in the way which the court or person considers is best

calculated to further the principal objective.

(5)

The duty under section 2A(1) does not apply to the exercise by a

relevant authority of a power to which this section applies if and

to the extent that exercising the power in compliance with that duty

would be inconsistent with doing so in compliance with the duty

under subsection (4) .

(6)

In subsection (5) “relevant authority” has the meaning given by

section 2A(2).”

(3)

In the italic heading before section 217, after “of” insert “specific”.

(4)

In section 217 (powers of court and receiver etc)—

(a)

in the heading, at the beginning insert “Specific”;

(b)

in subsection (3), in the words before paragraph (a), after “subject

to” insert “the principal objective (see section 155A ) and”.

Part 2

Criminal lifestyle

Prosecutor’s discretion

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 156(4) (making of order: criminal lifestyle and conduct)—

(a)

in paragraph (a), at the beginning insert “if asked to do so by the

prosecutor”;

(b)

in paragraph (b), after “if” insert “(pursuant to paragraph (a))”;

(c)

in paragraph (c), at the beginning insert “if it is not asked to decide

whether the defendant has a criminal lifestyle or”.

(3)

In section 166 (statement of information)—

(a)

after subsection (2) insert—

“(2A)

The statement of information must indicate whether or not

the case is one in which the court is asked to decide whether

the defendant has a criminal lifestyle (see section 156(4)).”;

Page 273

(b)

in subsection (3), for “prosecutor believes”, in the first place it occurs,

substitute “case is one in which the court is asked to decide

whether”;

(c)

in subsection (5), for “prosecutor does not believe” substitute “case

is one in which the court is not asked to decide whether”.

(4)

In section 170(2) (no order made: reconsideration of benefit)—

(a)

omit “has decided that”;

(b)

in paragraph (a), for “the defendant has a criminal lifestyle but”

substitute “has decided under section 156(4)(b) that the defendant”;

(c)

in paragraph (b), for “the defendant does not have a criminal lifestyle

and” substitute “has decided under section 156(4)(c) that the

defendant”.

The serious risk of injustice test

In section 160 of the Proceeds of Crime Act 2002 (assumptions to be made

in case of criminal lifestyle), after subsection (6) insert—

“(6A)

In determining whether there would be a serious risk of injustice

if a required assumption were made in relation to particular property

or expenditure, the court must consider all the circumstances of the

case and must, in particular, give the appropriate weight to—

(a)

any evidence about the serious risk of injustice that has been

made available to it, and

(b)

any explanation given by the defendant for being unable to

provide evidence that would have shown the assumption

to be incorrect.”

Cases in which defendant has a criminal lifestyle

(1)

Section 223 of the Proceeds of Crime Act 2002 (criminal lifestyle) is amended

as follows.

(2)

In subsection (3)—

(a)

after “benefited”, in the first place it occurs, insert “, or intended to

benefit,”;

(b)

in paragraph (a)—

(i)

for “three”, in both places it occurs, substitute “two”;

(ii)

after “benefited” insert “or intended to benefit”;

(c)

in paragraph (b), after “benefited” insert “or intended to benefit”.

(3)

The amendments made by sub-paragraph (2) (a) , (b) (ii) and (c) do not apply

in relation to conduct that took place wholly or partly before the date on

which those provisions come into force.

Page 274

Criminal lifestyle offences

(1)

Schedule 5 to the Proceeds of Crime Act 2002 (criminal lifestyle offences)

is amended as follows.

(2)

In paragraph 8(1A) (offences in connection with brothels), after paragraph

(f) insert—

“(g)

Article 64 (keeping a brothel used for prostitution).”

(3)

Before paragraph 9A insert—

“Offences involving gangmasters

(4)

After paragraph 9B insert—

“Environmental offences

An offence under Article 4(1)(a) of the Waste and Contaminated

Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I. 19))

(depositing, or causing or permitting the deposit of, controlled

waste, otherwise than in accordance with a waste management

licence).”

(5)

An amendment made by sub-paragraph (2) or (4) does not apply in relation

to an offence committed wholly or partly before the coming into force of

the sub-paragraph in question.

Part 3

Provisions concerning amount to be paid under confiscation order

Recoverable amount

(1)

Section 157 of the Proceeds of Crime Act 2002 (recoverable amount) is

amended in accordance with sub-paragraphs (2) and (3) .

(2)

In subsection (2), for “shows” substitute “proves or the court is otherwise

satisfied”.

(3)

In subsection (4)—

(a)

in the words before paragraph (a), omit “for the purposes of

subsection (1),”;

(b)

before paragraph (a) insert—

“(za)

any property in respect of which an order falling

within section 163(3)(b), (c) or (d) was made before

the court proceeded under section 156 (see section

165A (2) (c) ),”;

(c)

omit the “and” at the end of paragraph (c);

Page 275

(d)

at the end insert—

“(e)

any property that has been restored to a victim of

the conduct concerned, or any other person entitled

to recover it,

(f)

any property that has been handed over to an

appropriate officer within the meaning given by

section 190A(3) or 195A(1),

(g)

any property that, having been seized under a power

conferred by or by virtue of—

(i)

a warrant granted under any enactment or

rule of law, or

(ii)

any enactment, or rule of law, under which

the authority of a warrant is not required,

has not subsequently been released, and

(h)

any amount paid by the defendant by way of

compensation in connection with the conduct

concerned to any victim of the conduct in respect of

loss, injury or damage sustained by the victim.”

(4)

In section 171 of that Act (order made: reconsideration of benefit)—

(a)

for subsection (1)(b) substitute—

“(b)

either or both of the conditions mentioned in

subsection (1A) are met,”;

(b)

after subsection (1) insert—

“(1A)

The conditions are that—

(a)

there is evidence which was not available to the

prosecutor at the relevant time;

(b)

there is property that—

(i)

but for section 157(4)(g) (seized property),

would have been taken into account in

calculating the relevant amount, and

(ii)

has been released to the defendant since the

relevant time.”

Hidden property

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 159(1) (available amount)—

(a)

omit the “and” at the end of paragraph (a);

(b)

at the end of paragraph (b) insert “, and

“(c)

any amount determined under section 159A (value

of hidden property).”

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(3)

After that section insert—

“159A

Hidden property

(1)

This section applies where it appears to a court calculating the

available amount that—

(a)

the defendant’s benefit from the conduct concerned exceeds

the total of the values (as at the time the confiscation order

is made) of—

(i)

all the free property then held by the defendant, and

(ii)

all tainted gifts, and

(b)

some or all of that excess is a result of property having been

hidden by or on behalf of the defendant.

(2)

The court must determine the total value of the property that the

court considers has been hidden by or on behalf of the defendant.

(3)

When making a determination under this section the court must,

in particular, consider the extent to which there are other

circumstances that may account for the excess mentioned in

subsection (1) (b) , for example—

(a)

expenditure incurred by the defendant which has or may

have been met from the defendant’s benefit from the conduct

concerned;

(b)

changes in the value of the property held by the defendant.”

(4)

In section 171 (order made: reconsideration of benefit), in subsection (8)(b),

for “section 159” substitute “sections 159 and 159A ”.

(5)

In section 172 (order made: reconsideration of available amount), in

subsection (3), for “section 159” substitute “sections 159 and 159A ”.

(6)

In section 173 (inadequacy of available amount: variation of order), in

subsection (2), for “section 159” substitute “sections 159 and 159A ”.

Tainted gifts

In section 225 of the Proceeds of Crime Act 2002 (tainted gifts), for

subsection (5) substitute—

“(5)

A gift is tainted if it was made by the defendant—

(a)

at any time after the commission of the offence concerned,

(b)

if the defendant’s particular criminal conduct consists of two

or more offences and they were committed at different times,

at any time after the commission of the earliest of the

offences.”

Benefit

(1)

The Proceeds of Crime Act 2002 is amended as follows.

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(2)

In section 224 (conduct and benefit), after subsection (7) insert—

“(8)

But in a case where—

(a)

the person—

(i)

intended to have only a limited power to control or

dispose of all or part of the property,

(ii)

held the property temporarily, or

(iii)

is treated as obtaining the property as a result of

section 232 (3) , and

(b)

the court believes that the amount found under subsection

(7) in relation to the property would produce a result that

would be unjust,

the court may reduce that amount to such amount (including zero)

as the court believes is just.”

(3)

In section 232 (property: general provisions)—

(a)

in subsection (2)(b), at the end insert “(and see subsection (3) )”;

(b)

after subsection (2) insert—

“(3)

If, as a result of or in connection with conduct, a person

keeps property that the person already has, where the court

believes it just to do so the person is to be treated as

obtaining the property as a result of or in connection with

the conduct.”

Value of property obtained

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 227(5) (value: the basic rule), after “228” insert “, 228A”.

(3)

In section 228 (value of property obtained from conduct), after subsection

(4) insert—

“(5)

If only a proportion of the property was obtained by the person as

a result of or in connection with the person’s criminal conduct, only

that proportion is to be taken into account for the purposes of

subsections (2) to (4).

(6)

This section does not apply in a case where section 228A applies.”

(4)

After that section insert—

“228A

Mortgages

(1)

This section applies if—

(a)

a person uses a loan obtained as a result of or in connection

with the person’s criminal conduct to purchase an interest

in land,

(b)

the loan is secured by a mortgage over the interest in land,

and

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(c)

the interest in land has increased in value during the loan

period.

(2)

The value, at the material time, of the property obtained as a result

of or in connection with the person’s criminal conduct is to be taken

to be the amount found using the following formula—

A B × C

where—

A is the amount of the loan;

B is the value of the interest in land at the time it was

purchased;

C is the amount by which the interest in land has increased

in value between that time and the end of the loan period.

(3)

The value of the interest in land at the beginning and end of the

loan period is to be found in accordance with section 227.

(4)

If the loan period ends before the material time, the amount found

under subsection (2) is to be adjusted to take account of changes in

the value of money between the end of the loan period and the

material time.

(5)

In this section—

“the loan period” is the period between the time when the loan

is obtained and the earlier of—

(a)

the time when the principal, and any interest due, is

repaid, and

(b)

the material time;

“the material time” is the time the court makes its decision.”

Value of property realised or destroyed

(1)

Section 228 of the Proceeds of Crime Act 2002 (value of property obtained

from conduct) is amended as follows.

(2)

In subsection (2), at the beginning insert “Except where subsection (3A) or

(3B) applies,”.

(3)

After subsection (3) insert—

“(3A)

Where the person no longer holds the property obtained because

it has been sold, the value of the property at the material time is

the greater of the following—

(a)

the proceeds of the sale, adjusted to take account of later

changes in the value of money;

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(b)

the value (immediately before the sale) of the property,

adjusted to take account of later changes in the value of

money.

(3B)

Where the person no longer holds the property obtained because

it has been destroyed by virtue of a court order under section

199(2)(e) or section 215AA (orders for destruction of cryptoassets),

the value of the property at the material time is the market value

of the property as set out in the court order, adjusted to take account

of later changes in the value of money.

(3C)

For the purposes of subsection (3A) (a) , if the proceeds of the sale

are in a currency other than sterling, they must be taken to be the

sterling equivalent calculated in accordance with the rate of exchange

prevailing at the end of the day of the sale.”

(4)

In subsection (4), after “(2)(a) and (b)” insert “and subsection (3A) (b)”.

Part 4

Priority orders

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 163 (effect of confiscation order on court’s other powers)—

(a)

in subsection (3)(a), for “an order under Article 14” to the end

substitute “a priority order”;

(b)

after subsection (3) insert—

“(3A)

In this section “priority order” means either of the

following—

(a)

an order for the payment of compensation under

Article 14 of the Criminal Justice (Northern Ireland)

Order 1994 (S.I. 1994/2795 (N.I. 15)) (compensation

orders);

(b)

a slavery and trafficking reparation order under

Schedule 2 to the Human Trafficking and Exploitation

(Criminal Justice and Support for Victims) Act

(Northern Ireland) 2015 (slavery and trafficking

reparation orders).”;

(c)

for subsections (5) and (6) substitute—

“(5)

Where a court makes a confiscation order or priority order

the effect of which is that subsection (6) applies, the court

making that order must also make a priority payment

direction.

Page 280

(6)

This subsection applies if, in the same proceedings (see

section 233 for the meaning of “proceedings”) the following

are made against the same person—

(a)

a confiscation order, and

(b)

one or more priority orders.

(7)

A “priority payment direction” is a direction that any amount

payable under the priority order (or orders) that remains

unpaid when any sum is recovered under the confiscation

order is to be paid out of that sum.”

(3)

In section 169 (no order made: reconsideration of case), omit subsection

(8).

(4)

In section 170 (no order made: reconsideration of benefit), omit subsection

(12).

(5)

In section 171 (order made: reconsideration of benefit)—

(a)

in subsection (9), omit paragraph (c);

(b)

omit subsection (10).

(6)

In section 172 (order made: reconsideration of available amount)—

(a)

in subsection (5), omit paragraph (c);

(b)

omit subsection (6).

(7)

In section 203 (sums received by chief clerk), for subsection (5) substitute—

“(5)

If a priority payment direction was made under section 163(5), the

chief clerk must next apply the sums in payment of any amounts

payable under the priority order (or orders) that remain unpaid.

(5A)

In a case in which there is more than one priority order the sums

are to be applied in the order in which the priority orders were

made, starting with the earliest of them.”

Part 5

Procedural matters

Timing of confiscation proceedings and effect on sentencing

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

Before section 166 insert—

“165A

Timing of confiscation proceedings and effect on sentencing

(1)

This section applies where the court sentences the defendant for

the offence (or any of the offences) concerned before it proceeds

under section 156.

(2)

In sentencing the defendant for the offence (or any of the offences)

concerned the court must not—

Page 281

(a)

impose a fine on the defendant,

(b)

make an order falling within section 163(3)(a),

(c)

make an order falling within section 163(3)(b), (c) or (d) other

than any such order made in respect of property that has

little or no market value at the time of sentencing,

(d)

make an order for the payment of compensation under

Article 14 of the Criminal Justice (Northern Ireland) Order

1994 (S.I. 1994/2795 (N.I. 15)).

(3)

The court must draw up a timetable for the proceedings under

section 156 before the end of the hearing at which it sentences the

defendant for the offence (or, where there is more than one, the last

offence) concerned.

(4)

The court may revise a timetable drawn up under subsection (3) .

(5)

Section 156 has effect as if the defendant’s particular criminal

conduct included conduct which constitutes offences which the

court has taken into consideration in deciding the defendant’s

sentence for the offence or offences concerned.

(6)

The court may, after the conclusion of the proceedings under section

156, vary the sentence by—

(a)

imposing a fine on the defendant,

(b)

making an order falling within section 163(3),

(c)

making an order for the payment of compensation under

Article 14 of the Criminal Justice (Northern Ireland) Order

1994 (SI 1994/2795 (N.I. 15)).

(7)

But the court may proceed under subsection (6) only within the

period of 56 days beginning with the day on which the court—

(a)

makes a confiscation order under section 156, or

(b)

decides not to make such an order.

(8)

For the purposes of—

(a)

section 16(1) of the Criminal Appeal (Northern Ireland) Act

1980 (time limit for notice of appeal or of application for

leave to appeal), and

(b)

paragraph 1 of Schedule 3 to the Criminal Justice Act 1988

(time limit for notice of application for leave to refer a case

under section 36 of that Act),

the sentence must be regarded as imposed or made on the day on

which it is varied under subsection (6) .”

(3)

Omit sections 164 and 165 (postponement of confiscation proceedings).

Early resolution meeting

(1)

The Proceeds of Crime Act 2002 is amended as follows.

Page 282

(2)

In section 156, after subsection (7) insert—

“(7A)

But the court may, if it believes it is appropriate to do so, decide

any question arising under subsection (4) or (5) in accordance with

an agreement reached by the prosecutor and defendant at an EROC

meeting as mentioned in section 165B (3) (a) .”

(3)

After section 165A insert—

“165B

Early resolution meeting

(1)

This section applies where—

(a)

the Crown Court is proceeding under section 156, and

(b)

the court directs that an early resolution of confiscation

meeting (an “EROC meeting”) is to be held.

(2)

Before the court proceeds as mentioned in subsection (4) of section

156 (making of order) the prosecutor and the defendant (or the

defendant’s legal representative) must attend an EROC meeting.

(3)

An EROC meeting is a meeting held with a view to the prosecutor

and defendant—

(a)

reaching agreement on the question whether a confiscation

order is required to be made against the defendant and, if

so, on the amount required to be paid by the defendant

under the confiscation order, or

(b)

in a case where agreement as mentioned in paragraph (a) is

not reached, identifying the questions to be decided by the

court in proceeding under section 156 on which they

disagree.

(4)

A direction under subsection (1) (b) —

(a)

may be given by the court on application by the prosecutor

or of its own motion;

(b)

may require or permit the attendance at an EROC meeting

of—

(i)

any person who it appears to the court holds, or may

hold, an interest in key property;

(ii)

an accredited financial investigator;

(iii)

any other person that the court considers appropriate.

(5)

A direction under subsection (1) (b) may be varied or revoked by

the court on application by the prosecutor or of its own motion.

(6)

Key property is property held by the defendant that the court

believes will need to be realised or otherwise used to satisfy any

confiscation order that may be made.

Page 283

165C

Early resolution hearing

(1)

Following an EROC meeting, the court must hold an EROC hearing

if—

(a)

the prosecutor and defendant did not reach agreement as

mentioned in section 165B (3) (a) , or

(b)

the prosecutor and defendant did reach agreement, but the

court decided not to make a confiscation order under section

156 requiring the defendant to pay the amount agreed.

(2)

An “EROC hearing” is a hearing for the court to consider the next

steps in the section 156 proceedings.

(3)

In this section “EROC meeting” has the meaning given by section

165B .”

Part 6

Reconsideration and provisional discharge

Order made: reconsideration

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

After section 171 insert—

“171A

Order made: reconsideration of benefit on decrease in value and

sale etc

(1)

This section applies if—

(a)

a court has made a confiscation order,

(b)

there is relevant property,

(c)

an application to proceed under this section is made to the

Crown Court by—

(i)

the prosecutor, or

(ii)

a receiver appointed under section 198, and

(d)

the applicant believes that if the court were to make a new

calculation of the defendant’s benefit and in doing so applied

section 171(3) to (6), the amount found would not exceed

the amount that would be found if the court were to make

a new calculation of the defendant’s benefit under subsection

(4) .

(2)

For the purposes of this section, property is “relevant property” if

the property was obtained by the defendant as a result of or in

connection with the conduct concerned and—

(a)

it was held by the defendant when the relevant amount was

calculated, but

(b)

it is no longer held by the defendant because it has been—

Page 284

(i)

sold, or

(ii)

destroyed by virtue of a court order under section

199(2)(e) or section 215AA (orders for the destruction

of cryptoassets).

(3)

In a case where this section applies, the court must determine

whether A is less than B, where—

“A” is the total of the values of all relevant property as decided

in accordance with section 228 (3A) or (3B) (as appropriate),

and

“B” is the total of the values at which that property was taken

into account when the relevant amount was calculated,

adjusted to take account of changes in the value of money

since it was calculated.

(4)

If A is less than B, the court must make a new calculation of the

defendant’s benefit by—

(a)

adjusting the relevant amount to take account of changes in

the value of money since it was calculated, and

(b)

deducting from that adjusted amount the amount by which

A is less than B.

(5)

Subsection (6) applies where—

(a)

the court makes a new calculation of the defendant’s benefit

under subsection (4) , and

(b)

the court determines that C is less than D, where—

“C” is the amount that, if it was adjusted to take account

of changes in the value of money since the amount

required to be paid was last determined, would give

the amount found under the new calculation of the

defendant’s benefit, and

“D” is the amount required to be paid under the order.

(6)

The court must vary the order by substituting C for the amount

required to be paid.

(7)

The variation of the order under subsection (6) does not—

(a)

affect the defendant’s liability to pay any interest which was

payable under section 162 for a period before the variation

of the order but which had not been paid at the time of the

variation, or

(b)

give rise to any obligation to refund any amount already

paid by the defendant under the order.

(8)

The relevant amount is—

(a)

the amount found as the defendant’s benefit for the purposes

of the confiscation order, or

Page 285

(b)

if one or more new calculations of the defendant’s benefit

have been made under section 171 or this section, the amount

found on the occasion of the last such calculation.”

(3)

In section 171 (order made: reconsideration of benefit)—

(a)

after subsection (11) insert—

“(11A)

Section 161 applies in relation to a confiscation order when

it is varied under this section as it applies in relation to a

confiscation order when it is made (reading references to

the making of the order as references to the varying of the

order and references to the day on which the order is made

as references to the day on which the order is varied).

(11B)

Where section 162 applies in relation to a confiscation order

that has been varied under this section, the reference in

section 162(3)(c) to the day on which the order was made is

to be read as a reference to the day on which the order was

varied.”;

(b)

in subsection (13)—

(i)

in paragraph (a), for “if this section has not applied

previously;” substitute “or”;

(ii)

for paragraph (b) substitute—

“(b)

if one or more new calculations of the

defendant’s benefit have been made

under this section or section 171A, the

amount found on the occasion of the

last such calculation.”

(4)

In section 172 (order made: reconsideration of available amount)—

(a)

after subsection (7) insert—

“(7A)

Section 161 applies in relation to a confiscation order when

it is varied under this section as it applies in relation to a

confiscation order when it is made (reading references to

the making of the order as references to the varying of the

order and references to the day on which the order is made

as references to the day on which the order is varied).

(7B)

Where section 162 applies in relation to a confiscation order

that has been varied under this section, the reference in

section 162(3)(c) to the day on which the order was made is

to be read as a reference to the day on which the order was

varied.”;

(b)

in subsection (9), in paragraph (b), after “section 171” insert “or

171A ”.

(5)

In section 188 (reconsideration etc: variation of prison term), in subsection

(1)(a), after “171,” insert “ 171A ,”.

Page 286

Provisional discharge of confiscation order

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

For sections 174 and 175 substitute—

“174A

Provisional discharge of order

(1)

This section applies if—

(a)

a court has made a confiscation order, and

(b)

the relevant two-year period has ended.

(2)

The Crown Court may, of its own motion or on an application made

by a person listed in subsection (3) , discharge the confiscation order

on a provisional basis if the court considers that it is in the interests

of justice to do so.

(3)

The persons are—

(a)

the prosecutor;

(b)

a receiver appointed under section 198.

(4)

In deciding whether it is in the interests of justice to discharge a

confiscation order on a provisional basis the court must, in

particular, take into account—

(a)

any amount that the defendant has already paid under the

confiscation order;

(b)

the extent to which the amount that remains to be paid under

the order represents interest payable under section 162;

(c)

any steps that have already been taken in relation to the

enforcement of the order;

(d)

the extent to which there are reasonable steps (or further

reasonable steps) that could be taken in relation to the

enforcement of the order;

(e)

the amount that the court considers would be recovered if

all such reasonable steps (or further reasonable steps) were

to be taken.

(5)

The court may discharge a confiscation order on a provisional basis

even though the court does not consider that doing so is best

calculated to further the principal objective (see section 155A (4) ).

(6)

Where an application under this section is refused, a further

application in relation to the confiscation order concerned may only

be made—

(a)

after the end of the period of two years beginning with the

date of the refusal, or

(b)

before the end of that period, with the leave of the court.

Page 287

(7)

There is no right of appeal against a decision of the court under

this section to discharge, or not to discharge, a confiscation order

on a provisional basis.

(8)

In subsection (1) , the “relevant two-year period” means the period

of two years beginning with—

(a)

the day on which the confiscation order was made, or

(b)

in a case where the order has been varied under this Part,

the day on which the order was varied.

174B

Effect of provisional discharge and revocation of discharge

(1)

This section applies where a confiscation order has been discharged

under section 174A on a provisional basis.

(2)

The order is to be treated as satisfied subject to the rest of this

section.

(3)

The provisional discharge of the order does not prevent the making

of an application in respect of the order under section 171, 171A

, 172 or 173.

(4)

Where, on an application under any of those provisions, the court

varies the order, the court may also revoke the provisional discharge

of the order.

(5)

The Crown Court may, on an application made by a person listed

in subsection (6) , revoke the provisional discharge of the order if

the court considers that it is in the interests of justice to do so.

(6)

The persons are—

(a)

the prosecutor;

(b)

a receiver appointed under section 198.

(7)

In deciding whether it is in the interests of justice to revoke the

provisional discharge of a confiscation order the court must, in

particular, take into account the matters listed in section 174A (4) .

(8)

Where the court revokes the provisional discharge of a confiscation

order under this section—

(a)

the order is, from the time of the revocation, no longer to

be treated as satisfied, and

(b)

accordingly—

(i)

from that time the proceedings against the defendant

are to be treated as not having been concluded (see

section 233(5)(a)), and

(ii)

any interest which was payable under section 162 for

a period before the provisional discharge of the order

but which had not been paid at the time of the

provisional discharge becomes payable.

Page 288

(9)

Where the court revokes the provisional discharge of an order under

subsection (5) , section 161 applies in relation to any part of the

amount ordered to be paid under the order that had not been paid

when the order was provisionally discharged as it applies in relation

to the full amount ordered to be paid under a confiscation order

when it is made.

(10)

Where section 161 applies as mentioned in subsection (9) , references

in that section to the making of the order are to be read as references

to the revocation of the provisional discharge of the order and

references to the day on which the order is made as references to

the day on which the provisional discharge of the order is revoked.

(11)

Where section 162 applies in relation to a confiscation order

following the revocation of a provisional discharge of the order

under subsection (5) , the reference in section 162(3)(c) to the day

on which the order was made is to be read as a reference to the

day on which the provisional discharge of the order was revoked

(12)

There is no right of appeal against a decision of the court under

this section to revoke, or not to revoke, the provisional discharge

of a confiscation order.

174C

Financial status orders

(1)

This section applies where—

(a)

the Crown Court has decided of its own motion to consider

whether to discharge a confiscation order on a provisional

basis,

(b)

an application has been made under section 174A or 174B

, or

(c)

the court has discharged a confiscation order on a provisional

basis and an application has been made under section 171,

171A , 172 or 173.

(2)

The court may order the defendant to give the court, before the end

of the period specified in the order—

(a)

any information about the defendant’s assets and other

financial circumstances, and

(b)

any documentary or other evidence in support of that

information,

that the court may require in connection with the exercise of its

functions under section 174A or 174B .”

(3)

In the italic heading before section 169, at the end insert “and discharge”.

Page 289

Part 7

Enforcement

Enforcement plans

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

After section 163 insert—

“Measures to promote effectiveness of confiscation orders

163ZA

Enforcement plans

(1)

This section applies where a court makes a confiscation order.

(2)

On making the confiscation order, the court must also prepare an

enforcement plan for the order if—

(a)

there are reasonable grounds to believe that the defendant

might default on the confiscation order for any reason, or

(b)

the court otherwise believes it is appropriate to do so for

the purpose of ensuring that the confiscation order is

effective.

(3)

An enforcement plan for a confiscation order is a document setting

out drafts of one or more orders that the court considers the Crown

Court could make in the event that the defendant defaults on the

confiscation order.

(4)

For the purposes of this section and section 163ZB —

(a)

the defendant defaults on a confiscation order if the

defendant fails to pay the amount required to be paid under

the order on or before the due date;

(b)

the “due date”, in relation to a confiscation order, means—

(i)

in a case where no period is specified under section

161(2), the day on which the confiscation order is

made, or

(ii)

in a case where one or more periods is so specified,

the final day of the specified period that ends last

(including any such period as extended under section

161(4)).

(5)

Where the court making the confiscation order is the Court of

Appeal (see section 215E (4) (b) (i) (appeals)), on making the order

the Court of Appeal may direct that the Crown Court is to carry

out the duties under this section as if the Crown Court had made

the order.

Page 290

163ZB

Enforcement plan: initial enforcement hearing

(1)

This section applies where an enforcement plan is prepared for a

confiscation order.

(2)

The Crown Court must set a date for a hearing to take place in the

event that the defendant defaults on the confiscation order, and that

date must be the first date then available to the court after the due

date (see section 185A for provision about this hearing).

(3)

If an order is made under section 161(4) as a result of which the

due date in relation to the confiscation order changes, the court

must reset the date for the hearing to the first date then available

to the court after the new due date.”

(3)

In section 163A (compliance orders), in subsection (1) at the end insert

“(whether or not the court also prepares an enforcement plan under section

163ZA )”.

(4)

After section 185 insert—

“185A

Confiscation order with enforcement plan: initial enforcement

hearing

(1)

This section applies where—

(a)

a court has prepared an enforcement plan for a confiscation

order (see section 163ZA ), and

(b)

the defendant defaults on the confiscation order (within the

meaning given by section 163ZA (4) ).

(2)

If the condition in subsection (4) is met the court must, at the initial

enforcement hearing, make an order or orders in the terms that

were set out in draft in the enforcement plan (the “initial

enforcement orders”).

(3)

If that condition is not met the court must, at that hearing, consider

what other steps to take for the purpose of enforcing the confiscation

order.

(4)

The condition is that the court believes that—

(a)

the proceeds of the realisation of property pursuant to the

initial enforcement orders would be less than or equal to the

amount remaining to be paid under the confiscation order,

and

(b)

the interests of justice do not require any initial enforcement

order not to be made.

(5)

In this section “the initial enforcement hearing” means the hearing

held pursuant to section 163ZB .”

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Power to compel defendant to attend court at any stage of enforcement proceedings

After section 185A of the Proceeds of Crime Act 2002 insert—

“185B

Power to compel defendant to attend court for enforcement

purposes

(1)

This section applies if a court has made a confiscation order.

(2)

The Crown Court may, for any purpose in connection with the

enforcement of the order—

(a)

issue a summons requiring the defendant to appear before

the court at the time and place appointed in the summons,

(b)

issue a warrant to arrest the defendant and bring them before

the court.

(3)

On the failure of the defendant to appear before the Crown Court

in answer to a summons issued under subsection (2) (a) , the court

may issue a warrant to arrest them and bring them before the court.

(4)

A magistrates’ court may, for any purpose in connection with

exercising its powers under section 215, 215ZA, 215A or 215AA—

(a)

issue a summons requiring the defendant to appear before

the court at the time and place appointed in the summons,

(b)

issue a warrant to arrest the defendant and bring them before

the court.

(5)

On the failure of the defendant to appear before the court in answer

to a summons issued under subsection (4) (a) , the court may issue

a warrant to arrest them and bring them before the court.”

Financial status order

After section 185B of the Proceeds of Crime Act 2002 insert—

“185C

Financial status orders

(1)

This section applies if a court has made a confiscation order.

(2)

The Crown Court may order the defendant to give the court, before

the end of the period specified in the order—

(a)

any information about the defendant’s assets and other

financial circumstances, and

(b)

any documentary or other evidence in support of that

information,

that the court may require in connection with the enforcement of

the confiscation order.”

Page 292

Confiscation assistance advisers

After section 185C of the Proceeds of Crime Act 2002 insert—

“185D

Confiscation assistance advisers

(1)

This section applies if a court has made a confiscation order.

(2)

The Crown Court may appoint any person the court thinks

appropriate to advise and assist the defendant in satisfying the

confiscation order.

(3)

But a person may only be appointed under subsection (2) with the

person’s consent.”

Extension to Crown Court of powers in relation to money, cryptoassets and personal property

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 215 (money)—

(a)

in subsection (5), for “a magistrates’ court” substitute “the relevant

court”;

(b)

in subsection (5B), for “a magistrates’ court” substitute “the relevant

court”;

(c)

in subsection (6)(a), for “magistrates’ court” substitute “relevant

court”;

(d)

in subsection (8), after the definition of “payment institution”,

insert—

““the relevant court” means—

(a)

the Crown Court, where—

(i)

the court that made the confiscation order on

doing so also prepared an enforcement plan

for the confiscation order (see section 163ZA

) or determined that the Crown Court should

be responsible for exercising the powers in

this section, and

(ii)

the Crown Court has not, at the time of or

since the preparation of the plan or since the

determination of responsibility as mentioned

in sub-paragraph (i), made an order

determining that a magistrates’ court should

be responsible for exercising the powers in

this section;

(b)

a magistrates’ court, in any other case.”

(3)

In section 215ZA (cryptoassets)—

(a)

in subsection (3), in the words before paragraph (a), for “A

magistrates’ court” substitute “The relevant court”;

Page 293

(b)

in subsection (6), for “a magistrates’ court” substitute “the relevant

court”;

(c)

in subsection (7)—

(i)

in paragraph (a), for “magistrates’ court” substitute “relevant

court”;

(ii)

in paragraph (b), for “the court” substitute “a magistrates’

court”;

(d)

after subsection (9) insert—

“(10)

In this section “the relevant court” has the meaning given

by section 215(8), but as if references in the definition to the

powers in section 215 were references to the powers in this

section.”

(4)

In section 215A (seized personal property)—

(a)

in subsection (3), for “a magistrates’ court” substitute “the relevant

court”;

(b)

after subsection (3) insert—

“(3A)

In subsection (3) “the relevant court” has the meaning given

by section 215(8), but as if references in the definition to the

powers in section 215 were references to the power in this

section.”

(5)

In section 215AA (destruction of seized cryptoassets)—

(a)

in subsection (2), for “A magistrates’ court” substitute “The relevant

court”;

(b)

after subsection (2) insert—

“(2A)

In subsection (2) “the relevant court” has the meaning given

by section 215(8), but as if references in the definition to the

powers in section 215 were references to the power in this

section.”

(6)

In section 215B(1) (costs of storage and realisation), for “a magistrates’

court” substitute “a court”.

(7)

In section 217(2A) (powers of court and receiver etc), in paragraph (c) for

“a magistrates’ court” substitute “a court”.

Part 8

Restraint orders

Conditions for making of restraint order: risk of dissipation

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 189 (conditions for exercise of power to make restraint order)—

Page 294

(a)

for subsection (1) substitute—

“(1)

Section 190 (power to make a restraint order) applies if—

(a)

any of the first to fifth conditions is satisfied (see

subsections (2) to (6)), and

(b)

there is a real risk that relevant realisable property

held by any person will be dissipated unless the High

Court exercises the powers conferred by section 190

in relation to that property.

(1A)

For the purposes of this section—

(a)

“relevant realisable property” is realisable property

that could be used for the purpose of satisfying any

confiscation order that has been or may be made

against the defendant;

(b)

a reference to relevant realisable property being

“dissipated” is to it ceasing to be available for that

purpose.

(1B)

In determining for the purposes of subsection (1) (b) whether

there is a real risk of relevant realisable property being

dissipated, the court must, in particular, have regard to the

following—

(a)

the nature of the relevant realisable property;

(b)

the extent to which any person has taken steps with

a view to relevant realisable property being

dissipated;

(c)

any circumstances of a person who holds the relevant

realisable property that may affect the ease with

which they would be able to secure the dissipation

of the property;

(d)

any evidence of such a person’s character;

(e)

the nature of the defendant’s criminal conduct;

(f)

the amount by which the defendant is suspected or

believed to have benefited from their criminal

conduct;

(g)

the stage of the proceedings for an offence against

the defendant.”

(3)

In section 190(1) (power to make restraint order), for “If any condition set

out in section 189 is satisfied” substitute “In a case where this section applies

(see section 189),”.

Exception to restraint orders for reasonable legal expenses

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 190 (restraint orders), in subsection (4), for the words before

paragraph (a) substitute “Section 190ZA applies to an exception to a restraint

Page 295

order if the exception makes provision for any reasonable legal expenses

which—”.

(3)

After section 190 insert—

“190ZA

Exception for legal expenses in respect of offence with which

confiscation proceedings concerned

(1)

Where the court makes an exception to a restraint order under

section 190(3) to which this section applies, it must ensure that the

exception—

(a)

is limited to legal expenses that the specified person has

reasonably incurred or that the person reasonably incurs,

(b)

specifies the total amount that may be released for legal

expenses in pursuance of the exception, and

(c)

is made subject to the required conditions (in addition to

any conditions imposed under section 190(3)(c)).

(2)

The Department of Justice in Northern Ireland may by regulations

specify the required conditions for the purposes of subsection (1) .

(3)

A required condition may, in particular—

(a)

restrict who may receive sums released in pursuance of the

exception (by, for example, requiring released sums to be

paid to professional legal advisers), or

(b)

be made for the purpose of controlling the amount of any

sum released in pursuance of the exception in respect of an

item of expenditure.

(4)

A required condition made for the purpose mentioned in subsection

(3) (b) may, for example, provide for a sum to be released in respect

of an item of expenditure only if —

(a)

the court has assessed the amount allowed by the regulations

in respect of that item, and

(b)

the sum is released for payment of the assessed amount.

(5)

For the purposes of subsection (4) , the regulations may, in particular,

make provision—

(a)

limiting the amount of remuneration allowable to

representatives for a unit of time worked;

(b)

limiting the total amount of remuneration allowable to

representatives for work done in connection with proceedings

or a step in proceedings;

(c)

limiting the amount allowable in respect of an item of

expenditure incurred by a representative or incurred,

otherwise than in respect of the remuneration of a

representative, by a party to proceedings.

Page 296

(6)

Before making regulations under this section, the Department of

Justice must consult such persons as the Department of Justice

considers appropriate.”

Exception to restraint order for reasonable living expenses

In section 190 of the Proceeds of Crime Act 2002 (restraint orders)—

(a)

after subsection (3) insert—

“(3A)

In making an exception to a restraint order that makes

provision for reasonable living expenses the court must, in

particular, have regard to the following—

(a)

the period for which the restraint order is to have

effect;

(b)

the specified person’s applicable standard of living

(see subsection (10) );

(c)

the specified person’s means;

(d)

the value of relevant realisable property held by the

specified person in relation to the amount that the

defendant is, or is likely to be, required to pay under

a confiscation order;

(e)

the extent to which expenditure by the specified

person is necessary or desirable for the purpose of

improving or maintaining the value of relevant

realisable property held by them.”;

(b)

at the end insert—

“(10)

In this section—

“applicable standard of living” , in relation to a specified

person, means—

(a)

the person’s standard of living immediately

before the making of the restraint order, or

(b)

in a case where there is reasonable cause to

believe that the person enjoys a higher

standard of living as a result of criminal

activity, the standard of living that the person

would enjoy but for that activity;

“relevant realisable property” has the same meaning as

in section 189.”

Discharge of restraint order etc: proceedings not started within reasonable time

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 190 (restraint orders)—

(a)

in subsection (7A), for “and (7C)” substitute “to (7CA)”;

Page 297

(b)

after subsection (7C) insert—

“(7CA)

In determining for the purposes of subsection (7B)(b) whether

proceedings for the offence have not started within a

reasonable time, the court must, in particular, have regard

to the following—

(a)

the length of time that has passed since the making

of the restraint order;

(b)

the reasons given by the prosecutor for proceedings

not having started within that time;

(c)

the length and complexity of the criminal

investigation, both before and after the making of

the restraint order;

(d)

the extent to which the matters subject to that

investigation include matters arising abroad;

(e)

the length and complexity of the potential

proceedings;

(f)

the nature of the restraint order (for example, the

extent of the property to which it relates);

(g)

the impact of the restraint order on any person

affected by the order.”

(3)

In section 191 (restraint orders: application, discharge and variation), after

subsection (7) insert—

“(7A)

In determining for the purposes of subsection (7)(a) whether

proceedings for the offence have not started within a reasonable

time, the court must, in particular, have regard to the following—

(a)

the length of time that has passed since the making of the

restraint order;

(b)

the reasons given by the prosecutor for proceedings not

having started within that time;

(c)

the length and complexity of the criminal investigation, both

before and after the making of the restraint order;

(d)

the extent to which the matters subject to that investigation

include matters arising abroad;

(e)

the length and complexity of the potential proceedings;

(f)

the nature of the restraint order (for example, the extent of

the property to which it relates);

(g)

the impact of the restraint order on any person affected by

the order.”

Page 298

Restraint orders: effect of conviction

After section 191 of the Proceeds of Crime Act 2002 insert—

“191A

Restraint orders: effect of conviction

(1)

In making or varying a restraint order at any time after the

defendant’s conviction for an offence, the High Court must have

regard, in particular, to—

(a)

the fact of the defendant’s conviction, and

(b)

whether either or both of the following has or have been, or

is or are likely to be, made against the defendant—

(i)

an order for the payment of compensation under

Article 14 of the Criminal Justice (Northern Ireland)

Order 1994 (S.I. 1994/2795 (N.I. 15));

(ii)

a slavery and trafficking reparation order under

Schedule 2 to the Human Trafficking and Exploitation

(Criminal Justice and Support for Victims) Act

(Northern Ireland) 2015.

(2)

Subsections (3) and (4) apply where—

(a)

the High Court makes a restraint order at a time when the

defendant has not been convicted of an offence, and

(b)

the defendant is subsequently convicted of an offence at a

time when the order remains in force.

(3)

If the restraint order is subject to an exception made under section

190(3), the High Court must review the appropriateness of the

exception having regard, in particular, to the matters mentioned in

subsection (1) .

(4)

Following that review the court may vary the restraint order,

whether or not an application has been made under section 191(3).”

Part 9

Management receivers

Appointment of management receiver

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 196 (appointment of management receiver)—

(a)

after subsection (1) insert—

“(1A)

Subsection (2) also applies if—

(a)

a magistrates’ court has made a further detention

order, and

(b)

an application is made to the High Court to proceed

under subsection (2) by—

Page 299

(i)

the prosecutor, or

(ii)

an accredited financial investigator.”;

(b)

in subsection (2), after “restraint order” insert “or (as the case may

be) further detention order”;

(c)

after subsection (2) insert—

“(3)

For the purposes of this section and section 197, a “further

detention order” is an order made in relation to property

under section 195M (further detention of property detained

under section 195J).”

(3)

In section 197 (powers of management receiver)—

(a)

in subsection (1), after “restraint order” insert “or (as the case may

be) further detention order (referred to in this section as the “relevant

order”)”;

(b)

in subsections (2), (5) and (6)(a), for “restraint order” substitute

“relevant order”.

(4)

In section 211 (discharge and variation), in subsection (3)(a), after “section

189” insert “or 195B”.

Part 10

Appeals

Appeal rights in relation to confiscation proceedings

(1)

The Proceeds of Crime Act 2002 is amended in accordance with

sub-paragraphs (2) to (7) .

(2)

After section 215D insert—

“Appeals

215E

Appeals in relation to confiscation orders

(1)

If the Crown Court makes a confiscation order, the prosecutor may

appeal to the Court of Appeal in respect of the order.

(2)

If the Crown Court decides not to make a confiscation order, the

prosecutor may appeal to the Court of Appeal against the decision.

(3)

On an appeal under subsection (1) the Court of Appeal—

(a)

may confirm, vary or quash the confiscation order, and

(b)

if it quashes the order, may direct the Crown Court to

proceed afresh under section 156.

(4)

On an appeal under subsection (2) the Court of Appeal—

(a)

may confirm the decision, or

(b)

if it believes that the decision was wrong, may—

Page 300

(i)

itself proceed under section 156 (ignoring subsections

(1) to (3)), or

(ii)

direct the Crown Court to proceed afresh under that

section.

(5)

An appeal lies to the Supreme Court from a decision of the Court

of Appeal on an appeal under this section, at the instance of the

defendant or the prosecutor.

(6)

On an appeal from a decision of the Court of Appeal to confirm,

vary or make a confiscation order the Supreme Court may confirm,

vary or quash the order.

(7)

On an appeal from a decision of the Court of Appeal to confirm

the decision of the Crown Court not to make a confiscation order,

or from a decision of the Court of Appeal to quash a confiscation

order, the Supreme Court may—

(a)

confirm the decision, or

(b)

direct the Crown Court to proceed afresh under section 156

if it believes the decision was wrong.

(8)

In proceeding afresh under section 156 pursuant to this section, the

Crown Court must comply with any directions the Court of Appeal

or (as the case may be) the Supreme Court may make.

215F

Appeals under section 215E: supplementary

(1)

This section applies if a court makes or varies a confiscation order

pursuant to section 215E .

(2)

The court must—

(a)

have regard to any fine imposed on the defendant in respect

of the offence (or any of the offences) concerned;

(b)

have regard to any order which falls within section 163(3)

and has been made against the defendant in respect of the

offence (or any of the offences) concerned, unless the order

has already been taken into account by a court in deciding

what is the free property held by the defendant for the

purposes of section 159.

(3)

Subsections (4) to (9) apply if a court makes a confiscation order

pursuant to section 215E .

(4)

If a court has already sentenced the defendant for the offence (or

any of the offences) concerned, section 156 has effect as if the

defendant’s particular criminal conduct included conduct which

constitutes offences which the court has taken into consideration in

deciding the defendant’s sentence for the offence or offences

concerned.

Page 301

(5)

If an order falling with subsection (6) has been made against the

defendant in respect of the offence (or any of the offences) concerned

the court must have regard to the order.

(6)

These orders fall within this subsection—

(a)

an order for the payment of compensation under Article 14

of the Criminal Justice (Northern Ireland) Order 1994 (S.I.

1994/2795 (N.I. 15));

(b)

a slavery and trafficking reparation order under Schedule 2

to the Human Trafficking and Exploitation (Criminal Justice

and Support for Victims) Act (Northern Ireland) 2015.

(7)

Section 158(2) does not apply, and the rules applying instead are

that the court must—

(a)

take account of conduct occurring before the relevant date;

(b)

take account of property obtained before that date;

(c)

take account of property obtained on or after that date if it

was obtained as a result of or in connection with conduct

occurring before that date.

(8)

In section 160—

(a)

the first and second assumptions do not apply with regard

to property first held by the defendant on or after the

relevant date;

(b)

the third assumption does not apply with regard to

expenditure incurred by the defendant on or after that date;

(c)

the fourth assumption does not apply with regard to

property obtained (or assumed to have been obtained) by

the defendant on or after that date.

(9)

Section 176 applies as it applies in the circumstances mentioned in

subsection (1) of that section.

(10)

For the purposes of this section, “the relevant date” is—

(a)

in a case where the Crown Court made a confiscation order

which was quashed by the Court of Appeal, the date on

which the Crown Court made the order;

(b)

in any other case, the date on which the Crown Court

decided not to make a confiscation order.

215G

Appeals in relation to section 160A determinations

(1)

If a court makes a determination under section 160A of the extent

of the defendant’s interest in property, the following may appeal

to the Court of Appeal in respect of the determination—

(a)

the prosecutor;

(b)

the defendant, if subsection (2) applies;

Page 302

(c)

a person who the Court of Appeal believes is or may be a

person holding an interest in the property, if subsection (2)

applies.

(2)

This subsection applies if—

(a)

the defendant or (as the case may be) the person within

subsection (1) (c) was not given a reasonable opportunity to

make representations when the determination was made, or

(b)

it appears to the Court of Appeal to be arguable that giving

effect to the determination would result in a serious risk of

injustice to the defendant or that other person.

(3)

But there is no right of appeal for the defendant or a person within

subsection (1) (c) if—

(a)

the Court of Appeal believes that an application under

section 198 is to be made by the prosecutor for the

appointment of a receiver,

(b)

such an application has been made but not yet determined,

(c)

a receiver has been appointed under section 198.

(4)

On an appeal under this section the Court of Appeal may—

(a)

confirm the determination, or

(b)

make such order as it believes is appropriate.

(5)

An appeal lies to the Supreme Court from a decision of the Court

of Appeal on an appeal under this section, at the instance of any

person who was a party to the proceedings on the appeal.

(6)

On an appeal under subsection (5) the Supreme Court may—

(a)

confirm the decision of the Court of Appeal, or

(b)

make such order as it believes is appropriate.

215H

Appeals in relation to compliance orders

(1)

If, on an application under section 163A(3)(b), the Crown Court

decides not to make a compliance order, the prosecutor may appeal

to the Court of Appeal against the decision.

(2)

If the Crown Court decides to make, discharge or vary a compliance

order, the following persons may appeal to the Court of Appeal in

respect of the decision—

(a)

the prosecutor;

(b)

the defendant;

(c)

any other person affected by the order.

(3)

On an appeal under subsection (1) or (2) the Court of Appeal may—

(a)

confirm the decision, or

Page 303

(b)

make such order as it believes is appropriate.

(4)

An appeal lies to the Supreme Court from a decision of the Court

of Appeal on an appeal under this section, at the instance of any

person who was a party to the proceedings on the appeal.

(5)

On an appeal under subsection (4) the Supreme Court may—

(a)

confirm the decision of the Court of Appeal, or

(b)

make such order as it believes is appropriate.

(6)

In this section “compliance order” means an order made under

section 163A.

215I

Appeals in relation to variations of confiscation order

(1)

If the Crown Court makes an order under section 171, 172 or 173

varying a confiscation order, the prosecutor may appeal to the Court

of Appeal in respect of the order.

(2)

For the defendant’s right of appeal where the Crown Court makes

an order under section 171 or 172, see section 30(3)(e) of the Criminal

Appeal (Northern Ireland) Act 1980 (the effect of which is that, for

the purposes of the appeal rights conferred by that Act, any such

order forms part of the defendant’s sentence).

(3)

On an appeal under subsection (1) the Court of Appeal—

(a)

may confirm, vary or quash the order concerned, and

(b)

if it quashes the order, may direct the Crown Court to

proceed afresh under section 171, 172 or 173.

(4)

An appeal lies to the Supreme Court from a decision of the Court

of Appeal on an appeal under this section, at the instance of the

defendant or the prosecutor.

(5)

On an appeal from a decision of the Court of Appeal to confirm or

vary the order concerned the Supreme Court may confirm, vary or

quash the order.

(6)

On an appeal from a decision of the Court of Appeal to quash the

order concerned the Supreme Court may—

(a)

confirm the decision of the Court of Appeal, or

(b)

direct the Crown Court to proceed afresh under section 171,

172 or 173 if it believes the decision was wrong.

(7)

In proceeding afresh pursuant to this section, the Crown Court must

comply with any directions the Court of Appeal or (as the case may

be) the Supreme Court may make.

Page 304

215J

Appeals in relation to restraint orders

(1)

If, on an application under section 191 for a restraint order, the

High Court decides not to make one, the person who applied for

the order may appeal to the Court of Appeal against the decision.

(2)

If an application is made under section 191(3) in relation to a

restraint order or an order under section 190(7), the following may

appeal to the Court of Appeal in respect of the High Court’s decision

on the application—

(a)

the person who applied for the order;

(b)

any person affected by the order.

(3)

On an appeal under subsection (1) or (2) the Court of Appeal may—

(a)

confirm the decision, or

(b)

make such order as it believes is appropriate.

(4)

An appeal lies to the Supreme Court from a decision of the Court

of Appeal on an appeal under this section, at the instance of any

person who was a party to the proceedings before the Court of

Appeal.

(5)

On an appeal under subsection (4) the Supreme Court may—

(a)

confirm the decision of the Court of Appeal, or

(b)

make such order as it believes is appropriate.

215K

Appeals in relation to management and enforcement receivers

(1)

If, on an application for an order under any of sections 196 to 199

or 210, the High Court or, as the case may be, the Crown Court

decides not to make one, the person who applied for the order may

appeal to the Court of Appeal against the decision.

(2)

If the High Court or the Crown Court makes an order under any

of sections 196 to 199 or 210, any of the following may appeal to

the Court of Appeal in respect of the order—

(a)

the person who applied for the order;

(b)

any person affected by the order;

(c)

if the order was made under section 210, the receiver.

(3)

The following may appeal to the Court of Appeal against a decision

of the High Court or the Crown Court on an application under

section 211—

(a)

the person who applied for the order in respect of which

the application was made;

(b)

any person affected by the court’s decision;

(c)

the receiver.

(4)

On an appeal under this section the Court of Appeal may—

Page 305

(a)

confirm the decision, or

(b)

make such order as it believes is appropriate.

(5)

An appeal lies to the Supreme Court from a decision of the Court

of Appeal on an appeal under this section, at the instance of any

person who was a party to the proceedings before the Court of

Appeal.

(6)

On an appeal under subsection (5) the Supreme Court may—

(a)

confirm the decision of the Court of Appeal, or

(b)

make such order as it believes is appropriate.

215L

Appeals in relation to realisation etc of seized property

(1)

If the relevant court decides not to make an order under section

215ZA(3), 215A(3) or 215AA(2), an appropriate officer may appeal

against the decision to the appropriate appellate court.

(2)

If the relevant court makes an order under 215ZA(3), 215A(3) or

215AA(2), a person affected by the order may appeal in respect of

the order to the appropriate appellate court, but only if conditions

1 and 2 are met (and see subsection (5) ).

(3)

Condition 1 is met if no determination under section 160A has been

made in relation to the case.

(4)

Condition 2 is met if—

(a)

the person concerned was not given a reasonable opportunity

to make representations when the confiscation order was

made, or

(b)

it appears to the appropriate appellate court to be arguable

that not hearing the appeal would result in a serious risk of

injustice to that person.

(5)

A person holding the property to which the order under section

215ZA, 215A or (as the case may be) 215AA relates may not appeal

under subsection (2) if there is a confiscation order made against

them.

(6)

An appropriate officer may appeal to the appropriate appellate court

against—

(a)

a decision by the relevant court not to make a determination

under section 215B;

(b)

a determination made by the relevant court under that

section.

(7)

On an appeal under this section to the Court of Appeal it may—

(a)

confirm the decision, or

(b)

make such order as it believes is appropriate.

Page 306

(8)

An appeal lies to the Supreme Court from a decision of the Court

of Appeal on an appeal under this section, at the instance of any

person who was a party to the proceedings before the Court of

Appeal.

(9)

On an appeal under subsection (8) the Supreme Court may—

(a)

confirm the decision of the Court of Appeal, or

(b)

make such order as it believes is appropriate.

(10)

In this section—

“the appropriate appellate court” is—

(a)

in a case where the relevant court is a magistrates’

court, the county court;

(b)

in a case where the relevant court is the Crown Court,

the Court of Appeal;

“appropriate officer” has the same meaning as in section 190A.”

(3)

In section 193A (detention of property pending appeal), in subsections

(1)(b) and (2)(b), for “192(3)(b)” substitute “ 215J (3) (b) ”.

(4)

In section 216 (applications and appeals), in subsection (1)(b), for “192, 193,

213 or 214” substitute “ 215J or 215K ”.

(5)

In section 217 (powers of court and receiver etc), in subsection (1)(a), for

“and sections 210 to 215D” substitute “, sections 210 to 215D and sections

215J to 215L ”.

(6)

In section 233 (proceedings), in subsection (6)—

(a)

in paragraph (a), for “181(2)” substitute “ 215E (2) ”;

(b)

in paragraph (b), for “181(2)” substitute “ 215E (2) ”;

(c)

in paragraph (c)—

(i)

for “181(2)” substitute “ 215E (2) ”;

(ii)

for “183” substitute “ 215E (5) ”;

(d)

in paragraph (d)—

(i)

for “181(2)” substitute “ 215E (2) ”;

(ii)

for “183” substitute “ 215E (5) ”;

(e)

in paragraph (e)—

(i)

for “181(2)” substitute “ 215E (2) ”;

(ii)

for “183” substitute “ 215E (5) ”;

(f)

in paragraph (f), for “181(2)” substitute “ 215E (2) ”;

(g)

in paragraph (g), for “183” substitute “ 215E (5) ”.

(7)

Omit—

(a)

section 163B (appeals against compliance orders);

(b)

sections 181 to 183 (appeals against confiscation orders);

(c)

sections 192 and 193 (restraint orders: appeals);

(d)

sections 213 and 214 (receivers: appeals);

Page 307

(e)

section 215C (orders in relation to seized property: appeals).

(8)

In section 30 of the Criminal Appeal (Northern Ireland) Act 1980 (meaning

of sentence)—

(a)

in subsection (3), in paragraph (d), omit the words from “(but” to

the end;

(b)

after subsection (4) insert—

“(5)

A determination made under section 160A of the Proceeds

of Crime Act 2002 is not a sentence for the purposes of this

Act (see section 215G of that Act for rights of appeal in

relation to such a determination).

(6)

A compliance order made under section 163A of the Proceeds

of Crime Act 2002 is not a sentence for the purposes of this

Act (see section 215H of that Act for rights of appeal in

relation to such an order).”

Part 11

Consequential and related amendments

Constitutional Reform Act 2005 (c. 4)

In the Constitutional Reform Act 2005, in Schedule 9 (amendments relating

to jurisdiction of the Supreme Court), omit paragraph 77(6) and (7).

Serious Crime Act 2007 (c. 27)

In the Serious Crime Act 2007, in Schedule 8 (abolition of Assets Recovery

Agency and its Director)—

(a)

omit paragraph 38;

(b)

omit paragraphs 50 and 51;

(c)

omit paragraph 65.

Serious Crime Act 2015 (c. 9)

The Serious Crime Act 2015 is amended as follows.

Omit section 26 (appeals in relation to confiscation orders).

In Schedule 4 (minor and consequential amendments), omit paragraph 48.

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern

Ireland) 2015 (c.2 (N.I.))

The Human Trafficking and Exploitation (Criminal Justice and Support for

Victims) Act (Northern Ireland) 2015 is amended as follows.

In paragraph 3 of Schedule 2 (slavery and trafficking reparation orders)—

(a)

in sub-paragraph (6)—

Page 308

(i)

for “174” substitute “174A”;

(ii)

after “court” insert “provisionally”;

(b)

in sub-paragraph (8), for “181” substitute “ 215E (1) or (2) or 215G (1) ”;

(c)

in sub-paragraph (9), for “183” substitute “ 215E (5) or 215G (5) ”.

In Schedule 4 (minor and consequential amendments) omit paragraphs 13

to 15.

Criminal Finances Act 2017 (c. 22)

In section 32 of the Criminal Finances Act 2017 (reconsideration of

discharged orders), omit subsections (5) and (6).

Schedule 16

Section 124 (1)

Notification orders

The Counter-Terrorism Act 2008 is amended as follows.

(1)

Section 40 (overview) is amended as follows.

(2)

In subsection (2) after paragraph (a) insert—

“(aa)

orders applying the notification requirements to persons

dealt with in the United Kingdom for certain offences to

which this Part does not apply (see section 57A and Schedule

4A ),”.

(3)

After subsection (3) insert—

“(4)

Schedule 6A provides for orders applying the notification

requirements to persons dealt with for certain service offences to

which this Part does not apply.”

In section 57, in the heading for “Notification” substitute “Foreign offence

notification”.

After that section insert—

“57A

Domestic offence notification orders

Schedule 4A makes provision for notification orders applying the

notification requirements of this Part to persons who have been

dealt with for certain offences that are not offences to which this

Part applies.”

(1)

Section 59 (application to service offences) is amended as follows.

(2)

The existing provision becomes subsection (1) of that section.

Page 309

(3)

After that subsection insert—

“(2)

Schedule 6A makes provision for notification orders applying the

notification requirements of this Part to persons who have been

dealt with for certain service offences that are not offences to which

this Part applies.”

(1)

Section 61 (meaning of “dealt with” for an offence) is amended as follows.

(2)

In subsection (4)(b)—

(a)

for “or” substitute “, paragraph 2 (6) (b) of Schedule 4A ,”;

(b)

after “Schedule 6” insert “or paragraph 2 (6) (b) of Schedule 6A ”.

(3)

In subsection (5), at the end of paragraph (a) (before the “and”) insert—

“(aa)

paragraph 2 (5) of Schedule 4A or paragraph 2 (5) of Schedule

6A (conditions for making domestic or service offence

notification order where offence dealt with before

commencement),”.

(1)

Schedule 4 is amended as follows.

(2)

In the Schedule heading for “Notification” substitute “Foreign offence

notification”.

(3)

For “notification order”, in each place it appears (including in any heading

except the Schedule heading), substitute “foreign offence notification order”.

After Schedule 4 insert—

“Schedule 4A

Section 57A

Domestic offence notification orders

Introductory

In this Schedule—

“the appropriate court” means—

(a)

in England and Wales or Northern Ireland, the

High Court;

(b)

in Scotland, the Court of Session;

“authorised person” means the Secretary of State or—

(a)

in England and Wales, a chief officer of police;

(b)

in Scotland, the chief constable of the Police Service

of Scotland;

(c)

in Northern Ireland, the chief constable of the

Police Service of Northern Ireland;

“offence” : any reference to an offence is to an offence under

the law of England and Wales, Scotland or Northern

Ireland (and does not include a service offence).

Page 310

Domestic offence notification orders

(1)

An authorised person may apply to the appropriate court for an

order under this paragraph (a “domestic offence notification

order”) in respect of a person (“the offender”).

(2)

On the application, the court must make a domestic offence

notification order in respect of the offender if it is satisfied that

the following 4 conditions are met (and must otherwise refuse

the application).

(3)

The first condition is that the offender has been dealt with for an

offence (“the relevant offence”) that—

(a)

was committed before 29 June 2021,

(b)

is punishable with imprisonment for more than 2 years,

and

(c)

is not an excluded offence.

(4)

“Excluded offence” means—

(a)

an offence to which this Part applied when the offender

was dealt with (see sections 41 and 42),

(b)

an offence in relation to which section 30 or 31 of this Act

or section 69 of the Sentencing Code applied,

(c)

an offence in relation to which section 31 of this Act would

have applied if paragraph (b) of subsection (1) of that

section were omitted, or

(d)

an offence under section 19, 21A or 39 of the Terrorism

Act 2000.

(5)

If the offender was dealt with for the relevant offence before the

commencement of this Part, sub-paragraph (4) applies as if for

paragraph (a) there were substituted—

“(a)

an offence which, on the commencement of this

Part, was within section 41(1) or (2),”.

(6)

The second condition is that—

(a)

the offender has been dealt with for the relevant offence

in a way mentioned in section 45 (reading any reference

to an offence to which this Part applies as a reference to

the relevant offence),

(b)

the offender was aged 16 or over at the time of being dealt

with for the relevant offence, and

(c)

the offender—

(i)

is imprisoned or detained in pursuance of the

sentence passed or order made in respect of the

offence,

(ii)

would be so imprisoned or detained but for being

unlawfully at large, absent without leave, on

Page 311

temporary leave or leave of absence, or on bail

pending an appeal, or

(iii)

is on licence, having served the custodial part of

a sentence of imprisonment in respect of the

offence.

(7)

The third condition is that the relevant offence has a terrorist

connection (see section 93).

(8)

The fourth condition is that the period in respect of which the

notification requirements would apply in respect of the relevant

offence (see section 53) has not expired.

Restrictions on applications for domestic offence notification orders

(1)

A chief officer of police may apply for a domestic offence

notification order in respect of a person only if—

(a)

the person resides in the chief officer’s police area, or

(b)

the chief officer believes that the person is in, or is

intending to come to, that area.

(2)

The chief constable of the Police Service of Scotland may apply

for a domestic offence notification order in respect of a person

only if—

(a)

the person resides in Scotland, or

(b)

the chief constable believes that the person is in, or is

intending to come to, Scotland.

(3)

The chief constable of the Police Service of Northern Ireland may

apply for a domestic offence notification order in respect of a

person only if—

(a)

the person resides in Northern Ireland, or

(b)

the chief constable believes that the person is in, or is

intending to come to, Northern Ireland.

Effect of domestic offence notification order

The effect of a domestic offence notification order is that the

notification requirements of this Part apply to the offender.

Modifications of this Part

(1)

The following modifications apply where a domestic offence

notification order is made.

(2)

Section 43(1) does not apply to the offender, as regards the

relevant offence.

(3)

Section 47(1) (initial notification) applies as if the reference to the

day on which the person is dealt with were a reference to the

date of service of the domestic offence notification order.

Page 312

(4)

For the purposes of section 53 (period for which notification

requirements apply), references there to “the offence” are to the

relevant offence.

(5)

For the meaning of “the relevant offence”, see paragraph 2 (3) .

After Schedule 6 insert—

“Schedule 6A

Section 59(2)

Service offence notification orders

Introductory

In this Schedule—

“the appropriate court” means—

(a)

in England and Wales or Northern Ireland, the

High Court;

(b)

in Scotland, the Court of Session;

“authorised person” means the Secretary of State or—

(a)

in England and Wales, a chief officer of police;

(b)

in Scotland, the chief constable of the Police Service

of Scotland;

(c)

in Northern Ireland, the chief constable of the

Police Service of Northern Ireland.

Service offence notification orders

(1)

An authorised person may apply to the appropriate court for an

order under this paragraph (a “service offence notification order”)

in respect of a person (“the offender”).

(2)

On the application, the court must make a service offence

notification order in respect of the offender if it is satisfied that

the following 4 conditions are met (and must otherwise refuse

the application).

(3)

The first condition is that the offender has been dealt with for a

service offence (“the relevant offence”) that—

(a)

is punishable with imprisonment for more than 2 years,

(b)

is not an excluded offence, and

(c)

if a day has been appointed for the commencement of

section 1 of the Counter-Terrorism and Sentencing Act

2021 as that section has effect for the purposes of section

69 of the Sentencing Code as applied by section 238 of

the Armed Forces Act 2006, is committed before that day.

(4)

In sub-paragraph (3) (b) “excluded offence” means—

Page 313

(a)

a service offence to which this Part applied when the

offender was dealt with (see paragraphs 1 and 2 of

Schedule 6),

(b)

a service offence in relation to which section 32 of this

Act or section 69 of the Sentencing Code applied, or

(c)

a service offence as respects which the corresponding civil

offence is an offence under section 19, 21A or 39 of the

Terrorism Act 2000.

(5)

If the offender was dealt with for the relevant offence before the

commencement of this Part, sub-paragraph (4) applies as if for

paragraph (a) there were substituted—

“(a)

a service offence as respects which the

corresponding civil offence was on the

commencement of this Part within section 41(1) or

(2),”.

(6)

The second condition is that—

(a)

the offender has been dealt with for the relevant offence

in a way mentioned in paragraph 5 of Schedule 6 (reading

any reference to a service offence to which this Part applies

as a reference to the relevant offence),

(b)

the offender was aged 16 or over at the time of being dealt

with for the relevant offence, and

(c)

the offender—

(i)

is imprisoned or detained in pursuance of the

sentence passed or order made in respect of the

offence,

(ii)

would be so imprisoned or detained but for being

unlawfully at large, absent without leave, on

temporary leave or leave of absence, or on bail

pending an appeal, or

(iii)

is on licence, having served the custodial part of

a sentence of imprisonment in respect of the

offence.

(7)

The third condition is that the relevant offence has a terrorist

connection (see section 93).

(8)

The fourth condition is that the period in respect of which the

notification requirements would apply in respect of the relevant

offence (see paragraph 7 of Schedule 6) has not expired.

Restrictions on applications for service offence notification orders

(1)

A chief officer of police may apply for a service offence

notification order in respect of a person only if—

(a)

the person resides in the chief officer’s police area, or

Page 314

(b)

the chief officer believes that the person is in, or is

intending to come to, that area.

(2)

The chief constable of the Police Service of Scotland may apply

for a service offence notification order in respect of a person only

if—

(a)

the person resides in Scotland, or

(b)

the chief constable believes that the person is in, or is

intending to come to, Scotland.

(3)

The chief constable of the Police Service of Northern Ireland may

apply for a service offence notification order in respect of a person

only if—

(a)

the person resides in Northern Ireland, or

(b)

the chief constable believes that the person is in, or is

intending to come to, Northern Ireland.

Effect of service offence notification order

The effect of a service offence notification order is that the

notification requirements of this Part apply to the offender.

Modifications of this Part

(1)

The following modifications apply where a service offence

notification order is made.

(2)

Section 47(1) (initial notification) applies as if the reference to the

day on which the person is dealt with were a reference to the

date of service of the service offence notification order.

(3)

Paragraph 3(1) of Schedule 6 does not apply to the offender, as

regards the relevant offence.

(4)

For the purposes of paragraph 7 of that Schedule (period for

which notification requirements apply), references there to “the

service offence” or “the offence” are to the relevant offence.

(5)

For the meaning of “the relevant offence”, see paragraph 2 (3) .

Schedule 17

Section 125

Sentences for offence of breaching foreign travel restriction order

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

In Schedule 1A to the Prisoners and Criminal Proceedings (Scotland) Act

1993 (offences with restricted eligibility for release on licence), in paragraph

Page 315

8 for the words from “section 54” to the end substitute “any of the following

provisions of the Counter-Terrorism Act 2008 —

“(a)

section 54 (breach of police notification requirements etc);

(b)

paragraph 15 of Schedule 5 (breach of foreign travel

restriction order).”

Criminal Procedure (Scotland) Act 1995 (c. 46)

(1)

The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(2)

In section 205ZC (terrorism sentence with fixed licence period), after

subsection (8) insert—

“(9)

In the case of an offence specified in paragraph 4 (b) of Schedule

5ZB (breach of foreign travel restriction order), this section applies

in relation to convictions on or after the day on which paragraph

2 of Schedule 17 to the Crime and Policing Act 2025 comes into

force.”

(3)

In paragraph 4 of Schedule 5ZB (list of terrorism offences) for the words

from “section 54” to the end substitute “any of the following provisions of

the Counter-Terrorism Act 2008 —

“(a)

section 54 (breach of police notification requirements etc);

(b)

paragraph 15 of Schedule 5 (breach of foreign travel

restriction order).”

Criminal Justice Act 2003 (c.44)

(1)

The Criminal Justice Act 2003 is amended as follows.

(2)

In section 247A (restricted eligibility for release on licence) after subsection

(10A) insert—

“(10B)

In the case of a prisoner to whom this section applies as a result of

the amendments made by paragraph 3 of Schedule 17 to the Crime

and Policing Act 2025, the references in subsections (9) and (10) to

the date on which this section comes into force are to be read as

references to the date on which that paragraph comes into force.”

(3)

In paragraph 8 of Schedule 19ZA (offences to which section 247A applies)

for the words from “section 54” to the end substitute “any of the following

provisions of the Counter-Terrorism Act 2008 —

“(a)

section 54 (breach of police notification requirements etc);

(b)

paragraph 15 of Schedule 5 (breach of foreign travel

restriction order).”

Counter-Terrorism Act 2008 (c. 28)

In Schedule 1A to the Counter-Terrorism Act 2008 (offences where terrorism

connection not required to be considered), in paragraph 4 —

Page 316

(a)

the existing text becomes sub-paragraph (1);

(b)

after that sub-paragraph insert—

“(2)

An offence under paragraph 15 of Schedule 5 to that Act

(breach of foreign travel restriction order) of which a

person is convicted on or after the day on which

paragraph 4 of Schedule 17 to the Crime and Policing Act

2025 comes into force.”

Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))

(1)

The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I.

1)) is amended as follows.

(2)

In Article 15A (terrorism sentence with fixed licence period) after paragraph

(10) insert—

“(11)

In the case of an offence listed in paragraph 32 (b) of Schedule 2A,

this Article applies in relation to convictions on or after the day on

which paragraph 5 of Schedule 17 to the Crime and Policing Act

2025 comes into force.”

(3)

In Article 20A (restricted eligibility for release on licence of terrorist

prisoners) after paragraph (10) insert—

“(11)

In the case of a prisoner to whom this Article applies as a result of

the amendments made by paragraph 5 of Schedule 17 to the Crime

and Policing Act 2025, the reference in paragraph (10) to the

commencement date is to be read as a reference to the date on which

that paragraph comes into force.”

(4)

In paragraph 32 of Schedule 2A (terrorism offences specified for purposes

of Articles 15A and 20A) for the words from “section 54” to the end

substitute “any of the following provisions of the Counter-Terrorism Act

2008 —

“(a)

section 54 (breach of police notification requirements etc);

(b)

paragraph 15 of Schedule 5 (breach of foreign travel

restriction order).”

Sentencing Code

(1)

The Sentencing Code is amended as follows.

(2)

In section 252A (special sentence for offenders of particular concern) after

subsection (6) insert—

“(7)

In the case of an offence listed in paragraph 4 (b) of Schedule 13,

this section applies in relation to convictions on or after the day on

which paragraph 6 of Schedule 17 to the Crime and Policing Act

2025 comes into force.”

Page 317

(3)

In section 265 (special sentence for offenders of particular concern) after

subsection (4) insert—

“(5)

In the case of an offence listed in paragraph 4 (b) of Schedule 13,

this section applies in relation to convictions on or after the day on

which paragraph 6 of Schedule 17 to the Crime and Policing Act

2025 comes into force.”

(4)

In section 278 (special sentence for offenders of particular concern) after

subsection (4) insert—

“(5)

In the case of an offence listed in paragraph 4 (b) of Schedule 13,

this section applies in relation to convictions on or after the day on

which paragraph 6 of Schedule 17 to the Crime and Policing Act

2025 comes into force.”

(5)

In paragraph 4 of Schedule A1 (terrorist connection aggravating factor -

offences where terrorism connection not required to be considered)—

(a)

the existing text becomes sub-paragraph (1);

(b)

after that sub-paragraph insert—

“(2)

An offence under paragraph 15 of Schedule 5 to that Act

(breach of foreign travel restriction order) of which a

person is convicted on or after the day on which

paragraph 6 of Schedule 17 to the Crime and Policing Act

2025 comes into force.”

(6)

In paragraph 4 of Schedule 13 (offences attracting special sentence for

offenders of particular concern), for the words from “section 54” to the end

substitute “any of the following provisions of the Counter-Terrorism Act

2008 —

“(a)

section 54 (breach of police notification requirements etc);

(b)

paragraph 15 of Schedule 5 (breach of foreign travel

restriction order).”

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