Crime and Policing Bill

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

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

This is not the latest version of the Bill

Available Versions

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

Relevant Documents

Bill PDF
Bill 235 2024-25 (as amended in Public Bill Committee)
Latest Amendments
All proceedings up to 18 June 2025 at Report Stage
Explanatory Note
Bill 187 EN 2024-25
Impact Assessment
Crime and Policing Bill Overview - Impact Assessment from the Ministry of Justice

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173 New Clauses Proposed

Page 1

Part 1

 

Anti-social behaviour

 

Chapter 1

 

Respect orders, youth injunctions and housing injunctions

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

Part A1

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

Page 2

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

B1

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

Page 3

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

Page 4

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

Page 5

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

Page 6

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

Page 7

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

Page 8

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

Page 9

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

Page 10

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

Page 11

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

Chapter 2

 

Other provision about anti-social behaviour

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

Page 12

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

Page 13

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

Page 14

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

Page 15

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

Page 16

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

Page 17

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

annoyance

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

Page 18

 
(4)
Before issuing or revising guidance under this section, the Secretary
 
 
of State must consult such persons as the Secretary of State considers
 
 
appropriate.
 
 
(5)
The Secretary of State must lay before Parliament and publish any
 
 
guidance, and any revised guidance, issued under this section.
5
 
(6)
In this section, “authorised officer”, in relation to an English waste
 
 
collection authority, means a person who is an authorised officer in
 
 
relation to that authority for the purposes of—
 
 
(a)
section 33ZA (fixed penalty notices for contravention of section
 
 
33(1)(a)) (see subsection (12) of that section),
10
 
(b)
section 34ZA (fixed penalty notices relating to section 34(2A))
 
 
(see subsection (12) of that section), or
 
 
(c)
section 34B (power to search and seize vehicles etc) (see
 
 
subsection (11) of that section).”
 

Part 2

15

Offensive weapons

 

Chapter 1

 

Online advertising etc of unlawful weapons: civil penalties

 
 
10
“Relevant user-to-user services”, “relevant search services” and “service
 

providers”

20
 
(1)
For the purposes of this Chapter—
 
 
(a)
a “relevant search service” is a search service other than an exempt
 
 
service;
 
 
(b)
a “relevant user-to-user service” is a user-to-user service other than
 
 
an exempt service.
25
 
(2)
In subsection (1) , “search service” and “user-to-user service” have the same
 
 
meanings as in the Online Safety Act 2023 (the “2023 Act”) (see, in particular,
 
 
section 3 of that Act ).
 
 
(3)
The following are exempt services for the purposes of subsection (1) —
 
 
(a)
a service of a kind that is described in any of the following paragraphs
30
 
of Schedule 1 to the 2023 Act (certain services exempt from regulation
 
 
under that Act)—
 
 
(i)
paragraph 1 or 2 (email, SMS and MMS services);
 
 
(ii)
paragraph 3 (services offering one-to-one live aural
 
 
communications);
35
 
(iii)
paragraph 4 (limited functionality services);
 
 
(iv)
paragraph 5 (services which enable combinations of
 
 
user-generated content);
 
 
(v)
paragraph 7 or 8 (internal business services);
 

Page 19

 
(vi)
paragraph 9 (services provided by public bodies);
 
 
(vii)
paragraph 10 (services provided by persons providing education
 
 
or childcare), or
 
 
(b)
a service of a kind that is described in Schedule 2 to the 2023 Act
 
 
(services that include regulated provider pornographic content).
5
 
(4)
This Chapter does not apply in relation to a part of a relevant search service,
 
 
or a part of a relevant user-to-user service, if the 2023 Act does not apply to
 
 
that part of the service by virtue of section 5(1) or (2) of that Act.
 
 
(5)
In this Chapter, “service provider” means a provider of a relevant user-to-user
 
 
service or a provider of a relevant search service.
10
11
Coordinating officer
 
 
(1)
The Secretary of State must designate a member of a relevant police force or
 
 
a National Crime Agency officer as the coordinating officer for the purposes
 
 
of this Chapter.
 
 
(2)
The coordinating officer may delegate any of the officer’s functions under
15
 
this Chapter (to such extent as the officer may determine) to another member
 
 
of a relevant police force or National Crime Agency officer.
 
12
Notice requiring appointment of content manager
 
 
(1)
The coordinating officer may give a service provider a notice (an “appointment
 
 
notice”) requiring the provider—
20
 
(a)
either to—
 
 
(i)
appoint an individual who meets the conditions in subsection
 
 
(2) as the provider’s content manager for the purposes of this
 
 
Chapter, or
 
 
(ii)
if there is no such individual, confirm that is the case to the
25
 
coordinating officer, and
 
 
(b)
to provide the coordinating officer with the required information.
 
 
(2)
The conditions are that the individual—
 
 
(a)
plays a significant role in—
 
 
(i)
the making of decisions about how a whole or substantial part
30
 
of the service provider’s activities are to be managed or
 
 
organised, or
 
 
(ii)
the actual managing or organising of the whole or a substantial
 
 
part of those activities, and
 
 
(b)
is habitually resident in the United Kingdom.
35
 
(3)
“Required information” means—
 
 
(a)
the contact details of any content manager appointed;
 
 
(b)
an email address, or details of another means of contacting the service
 
 
provider rapidly which is readily available, that may be used for the
 
 
purpose of giving the provider a notice under this Chapter;
40

Page 20

 
(c)
information identifying the relevant user-to-user services, or (as the
 
 
case may be) the relevant search services, provided by the provider.
 
 
(4)
An appointment notice must—
 
 
(a)
specify the period before the end of which the service provider must
 
 
comply with the notice, and
5
 
(b)
explain the potential consequences of the service provider failing to
 
 
do so (see section 16 ).
 
 
(5)
The period specified under subsection (4) (a) must be at least seven days
 
 
beginning with the day on which the notice is given.
 
13
Appointment of content manager following change of circumstances
10
 
(1)
This section applies where—
 
 
(a)
the coordinating officer has given a service provider an appointment
 
 
notice,
 
 
(b)
the provider has confirmed to the officer (in accordance with the
 
 
appointment notice or under section 14 (5) (b) ) that there is no individual
15
 
who meets the conditions in section 12 (2) , and
 
 
(c)
at any time within the period of two years beginning with the day on
 
 
which that confirmation was given, there is an individual who meets
 
 
those conditions.
 
 
(2)
The service provider must, before the end of the period of seven days
20
 
beginning with the first day on which there is an individual who meets those
 
 
conditions—
 
 
(a)
appoint such an individual as the provider’s content manager for the
 
 
purposes of this Chapter, and
 
 
(b)
provide the coordinating officer with the content manager’s contact
25
 
details.
 
14
Replacement of content manager
 
 
(1)
This section applies where a service provider has appointed an individual as
 
 
the provider’s content manager (whether in accordance with an appointment
 
 
notice or under section 13 or this section).
30
 
(2)
The service provider may replace the provider’s content manager by
 
 
appointing another individual who meets the conditions in section 12 (2) as
 
 
the provider’s new content manager for the purposes of this Chapter.
 
 
(3)
The service provider must, before the end of the period of seven days
 
 
beginning with the day on which an appointment is made under subsection
35
 
(2) , provide the coordinating officer with the new content manager’s contact
 
 
details.
 
 
(4)
If the individual appointed as a service provider’s content manager ceases to
 
 
meet any of the conditions in section 12 (2) , the appointment ceases to have
 
 
effect.
40

Page 21

 
(5)
The service provider must, before the end of the period of seven days
 
 
beginning with the day on which an appointment ceases to have effect under
 
 
subsection (4) —
 
 
(a)
either—
 
 
(i)
appoint another individual who meets the conditions in section
5
 
12 (2) as the provider’s content manager for the purposes of
 
 
this Chapter, and
 
 
(ii)
provide the coordinating officer with the new content manager’s
 
 
contact details, or
 
 
(b)
if there is no longer such an individual, confirm that is the case to the
10
 
coordinating officer.
 
15
Duty to notify changes in required information
 
 
(1)
This section applies where a service provider has, in accordance with an
 
 
appointment notice or under section 13 (2) (b) or 14 provided the coordinating
 
 
officer with required information.
15
 
(2)
The service provider must give notice to the coordinating officer of any change
 
 
in the required information.
 
 
(3)
The notice must specify the date on which the change occurred.
 
 
(4)
The notice must be given before the end of the period of seven days beginning
 
 
with the day on which the change occurred.
20
16
Failure to comply with content manager requirements: civil penalty
 
 
(1)
This section applies if the coordinating officer has given a service provider
 
 
an appointment notice and—
 
 
(a)
the period specified in the notice as mentioned in 12 (4) (a) has expired
 
 
without the provider having complied with the notice,
25
 
(b)
the provider has failed to comply with a requirement under section
 
 
13 , 14 or 15 ,
 
 
(c)
the provider, in purported compliance with a requirement to provide,
 
 
or give notice of a change in, required information (whether in
 
 
accordance with an appointment notice or under section 13 (2) (b) , 14
30
 
or 15 (2) ) makes a statement that is false in a material particular, or
 
 
(d)
the provider makes a statement that is false in giving the confirmation
 
 
mentioned in section 12 (1) (a) (ii) or 14 (5) (b) .
 
 
(2)
The coordinating officer may give the service provider a notice (a “penalty
 
 
notice”) requiring the provider to pay a penalty of an amount not exceeding
35
 
£60,000.
 
 
(3)
In order to take account of changes in the value of money the Secretary of
 
 
State may by regulations substitute another sum for the sum for the time
 
 
being specified in subsection (2) .
 

Page 22

 
(4)
Schedule 4 makes further provision in connection with penalty notices given
 
 
under this Chapter.
 
17
Unlawful weapons content
 
 
(1)
For the purposes of this Chapter, content is “unlawful weapons content” in
 
 
England and Wales if it is content that constitutes—
5
 
(a)
an offence under section 1 (1) of the Restriction of Offensive Weapons
 
 
Act 1959 (offering to sell, hire, loan or give away etc a dangerous
 
 
weapon),
 
 
(b)
an offence under section 1 or 2 of the Knives Act 1997 (marketing of
 
 
knives as suitable for combat etc and related publications), or
10
 
(c)
an offence under section 141 (1) of the Criminal Justice Act 1988 under
 
 
the law of England and Wales (offering to sell, hire, loan or give away
 
 
etc an offensive weapon).
 
 
(2)
For the purposes of this Chapter, content is “unlawful weapons content” in
 
 
Scotland if it is content that constitutes—
15
 
(a)
an offence within subsection (1) (a) or (b) , or
 
 
(b)
an offence under section 141 (1) of the Criminal Justice Act 1988 under
 
 
the law of Scotland.
 
 
(3)
For the purposes of this Chapter, content is “unlawful weapons content” in
 
 
Northern Ireland if it is content that constitutes—
20
 
(a)
an offence under Article 53 of the Criminal Justice (Northern Ireland)
 
 
Order 1996 (S.I. 1996/3160 (N.I. 24)) (offering to sell, hire, loan or give
 
 
away etc certain knives),
 
 
(b)
an offence within subsection (1) (b) , or
 
 
(c)
an offence under section 141 (1) of the Criminal Justice Act 1988 under
25
 
the law of Northern Ireland.
 
18
Content removal notices
 
 
(1)
This section applies where an authorised officer is satisfied that content—
 
 
(a)
present on a relevant user-to-user service, or
 
 
(b)
which may be encountered in or via search results of a relevant search
30
 
service;
 
 
is unlawful weapons content in a relevant part of the United Kingdom.
 
 
(2)
The authorised officer may give a content removal notice to—
 
 
(a)
the provider of the relevant user-to-user service, or
 
 
(b)
the provider of the relevant search service.
35
 
(3)
If the authorised officer gives a content removal notice to a service provider
 
 
in a case where the coordinating officer has the contact details of the provider’s
 
 
content manager, the authorised officer may also give the notice to that
 
 
manager.
 

Page 23

 
(4)
A content removal notice is a notice requiring the service provider and (if
 
 
applicable) the provider’s content manager (each a “recipient”) to secure
 
 
that—
 
 
(a)
the content to which it relates is removed (see section 24 (2) ), and
 
 
(b)
confirmation of that fact is given to the authorised officer.
5
 
(5)
A content removal notice must—
 
 
(a)
identify the content to which it relates;
 
 
(b)
explain the authorised officer’s reasons for considering that the content
 
 
is unlawful weapons content in the relevant part (or parts) of the
 
 
United Kingdom;
10
 
(c)
explain that the notice must be complied with before the end of the
 
 
period of 48 hours beginning with the time the notice is given;
 
 
(d)
explain that each recipient has the right to request a review of the
 
 
decision to give the notice and how a request is to be made (see section
 
 
19 );
15
 
(e)
set out the potential consequences of failure to comply with the notice;
 
 
(f)
contain the authorised officer’s contact details;
 
 
(g)
be in such form, and contain such further information, as the Secretary
 
 
of State may by regulations prescribe.
 
 
(6)
The authorised officer may withdraw a content removal notice from a recipient
20
 
by notifying the recipient to that effect (but withdrawal of a notice does not
 
 
prevent a further content removal notice from being given under this section
 
 
, whether or not in relation to the same content as the withdrawn notice).
 
 
(7)
In this section —
 
 
“authorised officer” means—
25
 
(a)
a member of a relevant police force who is authorised for the
 
 
purposes of this section by the chief officer of the force, or
 
 
(b)
a National Crime Agency officer who is authorised for the
 
 
purposes of this section by the Director General of the National
 
 
Crime Agency;
30
 
“relevant part of the United Kingdom” means—
 
 
(a)
where the authorised officer is a member of a relevant police
 
 
force in England and Wales, England and Wales;
 
 
(b)
where the authorised officer is a member of the Police Service
 
 
of Scotland, Scotland;
35
 
(c)
where the authorised officer is a member of the Police Service
 
 
of Northern Ireland, Northern Ireland;
 
 
(d)
where the authorised officer is a member of the Ministry of
 
 
Defence Police or a National Crime Agency officer, any part
 
 
of the United Kingdom.
40

Page 24

19
Content removal notices: review
 
 
(1)
A person who is given a content removal notice (a “recipient”) may, before
 
 
the end of the initial 48-hour period, request a review of the decision to give
 
 
the notice.
 
 
(2)
A request under subsection (1) is to be made by the recipient giving—
5
 
(a)
a notice (a “review notice”) to the authorised officer, and
 
 
(b)
a copy of the review notice to the other recipient (if applicable).
 
 
(3)
The grounds on which a recipient may request a review include, in particular,
 
 
that—
 
 
(a)
content to which the notice relates is not unlawful weapons content;
10
 
(b)
content to which the notice relates is insufficiently identified for the
 
 
recipient to be able to take the action required by the notice;
 
 
(c)
the provider that received the notice is not, in fact, the provider of the
 
 
relevant user-to-user service or relevant search service to which the
 
 
notice relates;
15
 
(d)
the individual who received the notice as the service provider’s content
 
 
manager is not, in fact, that provider’s content manager;
 
 
(e)
the notice was otherwise not given in accordance with this Chapter.
 
 
(4)
On receipt of a review notice, a review of the decision to give the content
 
 
removal notice must be carried out—
20
 
(a)
if the authorised officer is a member of a relevant police force, by
 
 
another member of that force who is of a higher rank;
 
 
(b)
if the authorised officer is a National Crime Agency officer, by another
 
 
officer who holds a more senior position in the Agency.
 
 
The individual carrying out the review is referred to in this section as “the
25
 
reviewing officer”.
 
 
(5)
On completing the review or (in a case where two review notices are given)
 
 
both reviews the reviewing officer must, in respect of each recipient, either—
 
 
(a)
confirm in full the decision to give the content removal notice,
 
 
(b)
confirm the decision to give the notice, but in relation to only some
30
 
of the content to which it relates, or
 
 
(c)
withdraw the notice.
 
 
(6)
The reviewing officer must give each recipient a notice (a “decision notice”)—
 
 
(a)
setting out the outcome of the review or reviews, and
 
 
(b)
giving reasons.
35
20
Decision notices requiring removal of unlawful weapons content
 
 
(1)
This section applies where the reviewing officer—
 
 
(a)
has carried out a review or reviews under section 19 , and
 

Page 25

 
(b)
confirms the decision to give the content removal notice to the service
 
 
provider, the provider’s content manager or both of them (in each
 
 
case whether as mentioned in subsection (5) (a) or (b) of that section).
 
 
(2)
If the reviewing officer confirms in full the decision to give the content removal
 
 
notice, the decision notice must require its recipient to secure that—
5
 
(a)
the content to which the content removal notice relates is removed,
 
 
and
 
 
(b)
confirmation of that fact is given to the authorised officer.
 
 
(3)
If the officer confirms the decision to give the content removal notice but in
 
 
relation to only some of the content to which it relates, the decision notice
10
 
must—
 
 
(a)
identify the content to which the confirmation relates (the “confirmed
 
 
content”), and
 
 
(b)
require its recipient to secure that—
 
 
(i)
the confirmed content is removed, and
15
 
(ii)
confirmation of that fact is given to the authorised officer.
 
 
(4)
A decision notice within subsection (2) or (3) must specify the period before
 
 
the end of which the notice must be complied with, and that period must be
 
 
whichever of the following is the longest—
 
 
(a)
the period of 24 hours beginning with the time the decision notice is
20
 
given;
 
 
(b)
the period—
 
 
(i)
beginning with the time the review notice or, if there was more
 
 
than one, the first review notice, was given under section 19
 
 
, and
25
 
(ii)
ending with the end of the initial 48-hour period.
 
 
(5)
In this section , “reviewing officer” has the same meaning as in section 19 .
 
 
21
Failure to comply with content removal notice or decision notice: civil
 

penalties

 
 
(1)
Subsection (2) applies where—
30
 
(a)
a content removal notice has been given to a service provider, or to
 
 
both a service provider and the provider’s content manager, in
 
 
accordance with section 18 , and
 
 
(b)
the initial 48-hour period has expired without the notice having been
 
 
complied with or a review notice having been given.
35
 
(2)
A senior authorised officer of the issuing force may give a penalty notice—
 
 
(a)
to the service provider, or
 
 
(b)
if the provider’s content manager also received the content removal
 
 
notice, to the content manager or to both of them.
 
 
(3)
Subsection (4) applies where, following a review or reviews under section
40
 
19 —
 

Page 26

 
(a)
a decision notice has been given to the service provider or to both the
 
 
provider and the provider’s content manager in accordance with
 
 
section 20 (2) or (3) confirming the decision to give the content removal
 
 
notice, and
 
 
(b)
the period specified in the decision notice under subsection (4) of that
5
 
section has expired without that notice having been complied with.
 
 
(4)
A senior authorised officer of the issuing force may give a penalty notice—
 
 
(a)
to the service provider, or
 
 
(b)
if the provider’s content manager also received the decision notice, to
 
 
the content manager or to both of them.
10
 
(5)
In this section a “penalty notice” means a notice requiring its recipient to pay
 
 
a penalty—
 
 
(a)
where the recipient is a service provider, of an amount not exceeding
 
 
£60,000;
 
 
(b)
where the recipient is a service provider’s content manager, of an
15
 
amount not exceeding £10,000.
 
 
(6)
In order to take account of changes in the value of money the Secretary of
 
 
State may by regulations substitute another sum for a sum for the time being
 
 
specified in subsection (5) .
 
 
(7)
See Schedule 4 for further provision in connection with penalty notices given
20
 
under this section.
 
22
Guidance
 
 
(1)
The Secretary of State may issue guidance to the persons mentioned in
 
 
subsection (2) about the exercise of their functions under this Chapter.
 
 
(2)
The persons are—
25
 
(a)
the chief officer, and any other member, of a relevant police force;
 
 
(b)
the Director General of the National Crime Agency and any other
 
 
officer of the Agency.
 
 
(3)
The Secretary of State may revise any guidance issued under this section .
 
 
(4)
The Secretary of State must publish any guidance or revisions issued under
30
 
this section .
 
 
(5)
A person mentioned in subsection (2) must have regard to any guidance
 
 
issued under this section when exercising a function under this Chapter.
 
23
Notices
 
 
(1)
This section applies in relation to any notice that must or may be given to a
35
 
person under this Chapter.
 
 
(2)
A notice may be given to a person by—
 
 
(a)
delivering it by hand to the person,
 

Page 27

 
(b)
leaving it at the person’s proper address,
 
 
(c)
sending it by post to the person at that address, or
 
 
(d)
sending it by email to the person’s email address.
 
 
(3)
A notice to a body corporate may be given to any officer of that body.
 
 
(4)
A notice to a partnership may be given to any partner or to a person who
5
 
has the control or management of the partnership business.
 
 
(5)
A notice sent by first class post to an address in the United Kingdom, is
 
 
treated as given at noon on the second working day after the day of posting,
 
 
unless the contrary is proved.
 
 
(6)
A notice sent by email is treated as given at the time it is sent unless the
10
 
contrary is proved.
 
 
(7)
In this section —
 
 
“director” includes any person occupying the position of a director, by
 
 
whatever name called;
 
 
“email address” , in relation to a person, means—
15
 
(a)
an email address provided by that person for the purposes of
 
 
this Chapter, or
 
 
(b)
any email address published for the time being by that person
 
 
as an address for contacting that person;
 
 
“officer” , in relation to an entity, includes a director, a manager, a partner,
20
 
the secretary or, where the affairs of the entity are managed by its
 
 
members, a member;
 
 
“ “proper address” ” means—
 
 
(a)
in the case of an entity, the address of the entity’s registered
 
 
office or principal office;
25
 
(b)
in any other case, the person’s last known address;
 
 
“working day” means any day other than—
 
 
(a)
a Saturday or Sunday, or
 
 
(b)
a day that is a bank holiday in any part of the United Kingdom
 
 
under the Banking and Financial Dealings Act 1971.
30
 
(8)
In the case of an entity registered or carrying on business outside the United
 
 
Kingdom, or with offices outside the United Kingdom, the reference in
 
 
subsection (7) , in the definition of “proper address”, to the entity’s principal
 
 
office includes—
 
 
(a)
its principal office in the United Kingdom, or
35
 
(b)
if the entity has no office in the United Kingdom, any place in the
 
 
United Kingdom at which the person giving the notice believes, on
 
 
reasonable grounds, that the notice will come to the attention of any
 
 
director or other officer of that entity.
 
24
Interpretation of Chapter
40
 
(1)
In this Chapter—
 

Page 28

 
“appointment notice” has the meaning given by section 12 (1) ;
 
 
“authorised officer” in relation to a content removal notice, means the
 
 
member of a relevant police force, or officer of the National Crime
 
 
Agency, who gave the notice;
 
 
“chief officer” —
5
 
(a)
in relation to a police force in England and Wales, means the
 
 
chief officer of police of the force;
 
 
(b)
in relation to any other relevant police force, means the chief
 
 
constable of that force;
 
 
“contact details” , in relation to an individual, means the individual’s—
10
 
(a)
full name;
 
 
(b)
telephone number;
 
 
(c)
email address;
 
 
(d)
residential address, or other service address, in the United
 
 
Kingdom;
15
 
“content” has the same meaning as in the Online Safety Act 2023 (see
 
 
section 236(1) of that Act);
 
 
“content manager” , in relation to a service provider, means the individual
 
 
for the time being appointed as the content manager of the provider
 
 
(whether in accordance with an appointment notice or under section
20
 
13 or 14 );
 
 
“content removal notice” has the meaning given by section 18 (4) ;
 
 
“coordinating officer” means the individual designated as such under
 
 
section 11 (1) ;
 
 
“decision notice” means a notice given under section 19 (6) ;
25
 
“encounter” , in relation to content, has the same meaning as in the Online
 
 
Safety Act 2023 (see section 236(1) of that Act);
 
 
“entity” has the same meaning as in that Act (see section 236(1) of that
 
 
Act);
 
 
“initial 48-hour period” , in relation to a content removal notice, means
30
 
the 48-hour period specified in the notice as mentioned in section
 
 
18 (5) (c) ;
 
 
“issuing force” —
 
 
(a)
in relation to a content removal notice given by a member of
 
 
a relevant police force, means that force;
35
 
(b)
in relation to a content removal notice given by a National
 
 
Crime Agency officer, means the National Crime Agency;
 
 
“relevant police force” —
 
 
(a)
in relation to England and Wales, means—
 
 
(i)
a police force in England and Wales, or
40
 
(ii)
the Ministry of Defence Police;
 
 
(b)
in relation to Scotland, means—
 
 
(i)
the Police Service of Scotland, or
 
 
(ii)
the Ministry of Defence Police;
 

Page 29

 
(c)
in relation to Northern Ireland, means—
 
 
(i)
the Police Service of Northern Ireland, or
 
 
(ii)
the Ministry of Defence Police;
 
 
“relevant search service” and “relevant user-to-user service” have the
 
 
meanings given by section 10 ;
5
 
“required information” has the meaning given by section 12 (3) ;
 
 
“review notice” has the meaning given by section 19 (2) (a) ;
 
 
“search content” and “search results” have the meanings given by section
 
 
57 of the Online Safety Act 2023;
 
 
“senior authorised officer” , in relation to a relevant police force, means—
10
 
(a)
the chief officer of the relevant police force, or
 
 
(b)
a member of the relevant police force of at least the rank of
 
 
inspector authorised for the purposes of this Chapter by the
 
 
chief officer;
 
 
“senior authorised officer” , in relation to the National Crime Agency,
15
 
means—
 
 
(a)
the Director General of the National Crime Agency, or
 
 
(b)
an officer of the Agency who—
 
 
(i)
holds a position in the Agency the seniority of which
 
 
is at least equivalent to that of the rank of inspector in
20
 
a relevant police force, and
 
 
(ii)
is authorised for the purposes of this Chapter by the
 
 
Director General;
 
 
“service address” has the same meaning as in the Companies Acts (see
 
 
section 1141 of the Companies Act 2006 );
25
 
“service provider” has the meaning given by section 10 .
 
 
(2)
For the purposes of this Chapter, a reference to “removing” content—
 
 
(a)
in relation to content present on a relevant user-to-user service, is a
 
 
reference to any action that results in the content being removed from
 
 
the service, or being permanently hidden, so users of the service in
30
 
any part of the United Kingdom in which the content is unlawful
 
 
weapons content cannot encounter it;
 
 
(b)
in relation to content which may be encountered in or via search
 
 
results of a relevant search service, is a reference to taking measures
 
 
designed to secure, so far as possible, that the content is no longer
35
 
included in the search content of the service that is available in any
 
 
part of the United Kingdom in which the content is unlawful weapons
 
 
content;
 
 
and related expressions are to be read accordingly.
 
 
(3)
The following provisions of the Online Safety Act 2023 apply for the purposes
40
 
of this Chapter as they apply for the purposes of that Act—
 
 
(a)
section 226 (determining who is the provider of a particular
 
 
user-to-user service or search service);
 
 
(b)
section 236(5) and (6) (references to content being present).
 

Page 30

Chapter 2

 

Other provision about offensive weapons

 
25
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
5
 
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
10
 
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—
15
 
(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
20
 
exceeding the general limit in a magistrates’ court or a fine (or
 
 
both);
 
 
(b)
on conviction on indictment, to imprisonment for a term not
 
 
exceeding 4 years or a fine (or both).
 
 
(4)
For provision about the sentence for an offence under this section, see
25
 
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
30
 
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 ”.
35

Page 31

 
(3)
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
 
 
section 45 does not apply), for paragraph 23 (offences under the Criminal
 
 
Justice Act 1988) substitute—
 
 
“23
An offence under any of the following provisions of the Criminal
 
 
Justice Act 1988—
5
 
section 134 (torture)
 
 
section 139AB (possessing article with blade or point or
 
 
offensive weapon with intent to use unlawful violence etc)”.
 
26
Maximum penalty for offences relating to offensive weapons
 
 
(1)
In section 141 of the Criminal Justice Act 1988 (offensive weapons)—
10
 
(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);
15
 
(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
20
 
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
25
 
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”;
30
 
(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).
35
 
(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);
40
 
(b)
on conviction on indictment, to imprisonment for a term not
 
 
exceeding 2 years or a fine (or both).”
 

Page 32

 
(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
5
 
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);
10
 
(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
15
 
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).”
20
 
(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.
 
27
Power to seize bladed articles etc
 
 
(1)
A constable who—
25
 
(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
30
 
not seized),
 
 
may seize the relevant article.
 
 
(2)
The following provisions apply where a relevant article is seized under this
 
 
section.
 
 
(3)
The constable who seized the relevant article—
35
 
(a)
must give a record of what was seized to a person who is on the
 
 
premises, or
 
 
(b)
if there is no person on the premises, must leave a record of what was
 
 
seized in a prominent place on the premises.
 
 
(4)
The record must—
40

Page 33

 
(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
5
 
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) .
10
 
(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—
15
 
(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,
20
 
or
 
 
(b)
if an application under subsection (6) is made in that period, until the
 
 
application (including any appeal) has been finally determined or
 
 
otherwise disposed of (and then, only if the court does not make an
 
 
order under that subsection).
25
 
(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).
 
28
Power to seize bladed articles etc: armed forces
30
 
In the Armed Forces Act 2006, after section 93 insert—
 
“93ZA
Power to seize bladed articles etc
 
 
(1)
This section applies where—
 
 
(a)
a service policeman is lawfully on any premises which are
 
 
searchable by virtue of this Part, or
35
 
(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—
 

Page 34

 
(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),
5
 
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—
10
 
(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—
15
 
(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
20
 
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
25
 
(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.
30
 
(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—
35
 
(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—
40

Page 35

 
(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) .
5
 
(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
10
 
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
15
 
(b)
a threat of unlawful violence (including of unlawful damage
 
 
to property).”
 
29
Remote sales of knives etc
 
 
(1)
Section 141B of the Criminal Justice Act 1988 (remote sales of knives) is
 
 
amended as follows.
20
 
(2)
For subsection (4) substitute—
 
 
“(4)
Condition A is that, before the sale—
 
 
(a)
the seller obtained from the buyer—
 
 
(i)
a copy of an identity document issued to the buyer,
 
 
and
25
 
(ii)
a photograph of the buyer, and
 
 
(b)
on the basis of the things obtained under paragraph (a) , a
 
 
reasonable person would have been satisfied that the buyer
 
 
was aged 18 or over.
 
 
(4A)
For the purposes of subsection (4) an “identity document” means—
30
 
(a)
a United Kingdom passport (within the meaning of the
 
 
Immigration Act 1971);
 
 
(b)
a passport issued by or on behalf of the authorities of a country
 
 
or territory outside the United Kingdom or by or on behalf of
 
 
an international organisation;
35
 
(c)
a licence to drive a motor vehicle granted under Part 3 of the
 
 
Road Traffic 1988 or under Part 2 of the Road Traffic (Northern
 
 
Ireland) Order 1981 (S.I. 1981/154 (N.I. 1));
 
 
(d)
any other document specified in regulations made by the
 
 
Secretary of State.”
40
 
(3)
In subsection (5)(b), for “a person aged 18 or over” substitute “the buyer”.
 

Page 36

 
(4)
In subsection (6), for “a person aged 18 or over” substitute “the buyer”.
 
 
(5)
In subsection (8), omit “or a person acting on behalf of the buyer” in both
 
 
places it occurs.
 
 
(6)
After subsection (9) insert—
 
 
“(10)
Regulations made by the Secretary of State under this section are to
5
 
be made by statutory instrument.
 
 
(11)
A statutory instrument containing regulations under this section is
 
 
subject to annulment in pursuance of a resolution of either House of
 
 
Parliament.”
 
30
Delivery of knives etc
10
 
(1)
The Offensive Weapons Act 2019 is amended as follows.
 
 
(2)
After section 39 insert—
 
“39A
Defences to offence under section 38: England and Wales
 
 
(1)
It is a defence for a person charged in England and Wales with an
 
 
offence under section 38(2) of delivering a bladed product to residential
15
 
premises to show that the delivery conditions were met.
 
 
(2)
It is a defence for a person (“the seller”) charged in England and Wales
 
 
with an offence under section 38(2) of arranging for the delivery of a
 
 
bladed product to residential premises to show that—
 
 
(a)
the arrangement required the person with whom it was made
20
 
not to finally deliver the bladed product unless the delivery
 
 
conditions were met, and
 
 
(b)
the seller took all reasonable precautions and exercised all due
 
 
diligence to ensure that the product would not be finally
 
 
delivered unless the delivery conditions were met.
25
 
(3)
It is a defence for a person charged in England and Wales with an
 
 
offence under section 38(3) to show that they took all reasonable
 
 
precautions and exercised all due diligence to avoid commission of
 
 
the offence.
 
 
(4)
The delivery conditions are that—
30
 
(a)
the person (“P”) into whose hands the bladed product was
 
 
finally delivered showed the person delivering it an identity
 
 
document issued to P, and
 
 
(b)
on the basis of that document a reasonable person would have
 
 
been satisfied—
35
 
(i)
that P was over 18, and
 
 
(ii)
if the buyer was an individual, that P was the buyer.
 
 
(5)
In subsection (4) “identity document” means—
 

Page 37

 
(a)
a United Kingdom passport (within the meaning of the
 
 
Immigration Act 1971);
 
 
(b)
a passport issued by or on behalf of the authorities of a country
 
 
or territory outside the United Kingdom or by or on behalf of
 
 
an international organisation;
5
 
(c)
a licence to drive a motor vehicle granted under Part 3 of the
 
 
Road Traffic 1988 or under Part 2 of the Road Traffic (Northern
 
 
Ireland) Order 1981 (S.I. 1981/154 (N.I. 1));
 
 
(d)
any other document specified in regulations made by the
 
 
Secretary of State.
10
 
(6)
A person is to be taken to have shown a matter for the purposes of
 
 
this section if—
 
 
(a)
sufficient evidence of the matter is adduced to raise an issue
 
 
with respect to it, and
 
 
(b)
the contrary is not proved beyond reasonable doubt.
15
 
(7)
The Secretary of State may by regulations provide for other defences
 
 
for a person charged in England and Wales with an offence under
 
 
section 38.”
 
 
(3)
After section 40 insert—
 
 
“40A
Delivery of bladed products sold by UK seller to residential premises:
20
 
England and Wales
 
 
(1)
This section applies if—
 
 
(a)
a person (“the seller”) sells a bladed product to another person
 
 
(“the buyer”),
 
 
(b)
the seller and the buyer are not in each other’s presence at the
25
 
time of the sale and the seller is within the United Kingdom
 
 
at that time,
 
 
(c)
before the sale the seller entered into an arrangement with a
 
 
person (“the courier”) by which the courier agreed to deliver
 
 
bladed products for the seller,
30
 
(d)
the courier was aware when they entered into the arrangement
 
 
that it covered the delivery of bladed products, and
 
 
(e)
pursuant to the arrangement, the courier finally delivers the
 
 
bladed product to residential premises in England or Wales.
 
 
(2)
The courier commits an offence if, when they finally deliver the bladed
35
 
product to residential premises in England and Wales, they do not
 
 
deliver it into the hands of a person who—
 
 
(a)
is aged 18 or over, and
 
 
(b)
if the buyer is an individual, is the buyer.
 
 
(3)
A person finally delivering the bladed product to residential premises
40
 
in England and Wales on behalf of the courier commits an offence if,
 

Page 38

 
when they deliver it, they do not deliver it into the hands of a person
 
 
who—
 
 
(a)
is aged 18 or over, and
 
 
(b)
if the buyer is an individual, is the buyer.
 
 
(4)
It is a defence for a person charged with an offence under subsection
5
 
(2) to show that the delivery conditions (within the meaning of section
 
 
39A (4) ) were met.
 
 
(5)
It is a defence for a person charged with an offence under subsection
 
 
(3) to show that—
 
 
(a)
the delivery conditions (within the meaning of section 39A (4)
10
 
) were met, or
 
 
(b)
the person did not know, and a reasonable person would not
 
 
have known, that the person was delivering a bladed product.
 
 
(6)
A person is to be taken to have shown a matter for the purposes of
 
 
this section if—
15
 
(a)
sufficient evidence of the matter is adduced to raise an issue
 
 
with respect to it, and
 
 
(b)
the contrary is not proved beyond reasonable doubt.
 
 
(7)
A person guilty of an offence under this section is liable on summary
 
 
conviction to a fine.
20
 
(8)
Section 39(2) to (5) applies for the purposes of subsection (1) (b) and
 
 
(e) as it applies for the purposes of section 39(1)(b) and (e).
 
 
(9)
The Secretary of State may by regulations provide for other defences
 
 
for a person charged with an offence under this section.”
 
 
(4)
After section 42 insert—
25
 
“42A
Delivery of bladed articles sold by non-UK seller to premises: England
 
 
and Wales
 
 
(1)
This section applies if—
 
 
(a)
a person (“the seller”) sells a bladed article to another person
 
 
(“the buyer”),
30
 
(b)
the seller and the buyer are not in each other’s presence at the
 
 
time of the sale and the seller is outside the United Kingdom
 
 
at that time,
 
 
(c)
before the sale the seller entered into an arrangement with a
 
 
person (“the courier”) by which the courier agreed to deliver
35
 
bladed articles for the seller,
 
 
(d)
the courier was aware when they entered into the arrangement
 
 
that it covered the delivery of bladed articles, and
 
 
(e)
pursuant to the arrangement, the courier finally delivers the
 
 
bladed article to premises in England or Wales.
40

Page 39

 
(2)
The courier commits an offence if, when they finally deliver the bladed
 
 
article, they do not deliver it into the hands of a person who—
 
 
(a)
is aged 18 or over, and
 
 
(b)
if the buyer is an individual, is the buyer.
 
 
(3)
A person finally delivering the bladed article on behalf of the courier
5
 
commits an offence if, when they deliver the bladed article, they do
 
 
not deliver it into the hands of a person who—
 
 
(a)
is aged 18 or over, and
 
 
(b)
if the buyer is an individual, is the buyer.
 
 
(4)
It is a defence for a person charged with an offence under subsection
10
 
(2) to show that the delivery conditions were met.
 
 
(5)
It is a defence for a person charged with an offence under subsection
 
 
(3) to show that—
 
 
(a)
the delivery conditions were met, or
 
 
(b)
the person did not know, and a reasonable person would not
15
 
have known, that the person was delivering a bladed article.
 
 
(6)
A person is to be taken to have shown a matter for the purposes of
 
 
this section if—
 
 
(a)
sufficient evidence of the matter is adduced to raise an issue
 
 
with respect to it, and
20
 
(b)
the contrary is not proved beyond reasonable doubt.
 
 
(7)
A person guilty of an offence under this section is liable on summary
 
 
conviction to a fine.
 
 
(8)
Section 42(2) and (3) applies for the purposes of subsection (1) (b) as
 
 
it applies for the purposes of section 42(1)(b).
25
 
(9)
In this section—
 
 
“bladed article” means an article to which section 141A of the
 
 
Criminal Justice Act 1988 applies (as that section has effect in
 
 
relation to England and Wales);
 
 
“delivery conditions” has the meaning given by section 39A (4)
30
 
, but reading the reference in that section to a bladed product
 
 
as a reference to a bladed article.”
 
 
(5)
In section 38(10) (offences) for “section” substitute “sections 39A and”.
 
 
(6)
In section 39 (delivery of bladed products to persons under 18)—
 
 
(a)
in the heading, at the end insert “: Scotland and Northern Ireland”;
35
 
(b)
in subsection (1)(e) after “premises” insert “in Scotland or Northern
 
 
Ireland”;
 
 
(c)
in subsection (7) omit paragraph (a).
 
 
(7)
In section 40 (defences to delivery offences under sections 38 and 39)—
 
 
(a)
in the heading, after “39” insert “: Scotland and Northern Ireland”;
40

Page 40

 
(b)
in subsection (1) after “charged” insert “in Scotland or Northern
 
 
Ireland”;
 
 
(c)
in subsection (2) after “charged” insert “in Scotland or Northern
 
 
Ireland”;
 
 
(d)
in subsection (3) after “charged” insert “in Scotland or Northern
5
 
Ireland”;
 
 
(e)
in subsection (4) after “charged” insert “in Scotland or Northern
 
 
Ireland”;
 
 
(f)
in subsection (5) after “charged” insert “in Scotland or Northern
 
 
Ireland”;
10
 
(g)
in subsection (6) after “charged” insert “in Scotland or Northern
 
 
Ireland”;
 
 
(h)
in subsection (7), omit “England and Wales or”;
 
 
(i)
in subsection (14), in the definition of “appropriate national authority”
 
 
omit paragraph (a).
15
 
(8)
In section 41 (meaning of “bladed product” in sections 38 to 40)—
 
 
(a)
in the heading, for “40” substitute “ 40A ”;
 
 
(b)
in subsection (1) for “40” substitute “ 40A ”;
 
 
(c)
in subsection (2) for “40” substitute “ 40A ”.
 
 
(9)
In section 42 (delivery of knives etc pursuant to arrangement with seller
20
 
outside UK)—
 
 
(a)
in the heading, at the end insert “: Scotland and Northern Ireland”;
 
 
(b)
in subsection (1)(e), after “article” insert “to premises in Scotland or
 
 
Northern Ireland”;
 
 
(c)
in subsection (5) omit “England and Wales or”;
25
 
(d)
omit subsection (10)(a);
 
 
(e)
omit subsection (11)(a).
 
 
(10)
In section 66(1)(j) (guidance on offences relating to offensive weapons etc) for
 
 
“42” substitute “42A”.
 
 
(11)
In section 68 (regulations and orders)—
30
 
(a)
in subsection (2) after “State” insert, “, except for regulations under
 
 
section 39A (5) (d) ,”;
 
 
(b)
after subsection (2) insert—
 
 
“(2A)
A statutory instrument containing regulations under section
 
 
39A (5) (d) is subject to annulment in pursuance of a resolution
35
 
of either House of Parliament.”
 
31
Remote sale and letting of crossbows
 
 
(1)
The Crossbows Act 1987 is amended as follows.
 
 
(2)
In section 1 omit “unless he believes him to be eighteen years or older and
 
 
has reasonable grounds for the belief”.
40

Page 41

 
(3)
After section 1A insert—
 
“1B
Defences to offence under section 1: England and Wales
 
 
(1)
It is a defence for a person charged with an offence under section 1
 
 
to show that they took all reasonable precautions and exercised all
 
 
due diligence to avoid the commission of the offence.
5
 
(2)
Subsection (3) applies if—
 
 
(a)
a person (“A”) is charged with an offence under section 1, and
 
 
(b)
A was not in the presence of the person (“B”) to whom the
 
 
crossbow or part of a crossbow was sold or let on hire at the
 
 
time of the sale or letting on hire.
10
 
(3)
A is not to be regarded as having shown that A took all reasonable
 
 
precautions and exercised all due diligence to avoid the commission
 
 
of the offence unless, as a minimum, A shows that the following
 
 
conditions are met.
 
 
(4)
Condition 1 is that, before the sale or letting on hire—
15
 
(a)
A obtained from B—
 
 
(i)
a copy of an identity document issued to B, and
 
 
(ii)
a photograph of B, and
 
 
(b)
on the basis of the things obtained under paragraph (a) , a
 
 
reasonable person would have been satisfied that B was aged
20
 
18 or over.
 
 
(5)
For the purposes of subsection (4) an “identity document” means—
 
 
(a)
a United Kingdom passport (within the meaning of the
 
 
Immigration Act 1971);
 
 
(b)
a passport issued by or on behalf of the authorities of a country
25
 
or territory outside the United Kingdom or by or on behalf of
 
 
an international organisation;
 
 
(c)
a licence to drive a motor vehicle granted under Part 3 of the
 
 
Road Traffic 1988 or under Part 2 of the Road Traffic (Northern
 
 
Ireland) Order 1981 (S.I. 1981/154 (N.I. 1));
30
 
(d)
any other document specified in regulations made by the
 
 
Secretary of State.
 
 
(6)
Condition 2 is that when the package containing the crossbow or part
 
 
of the crossbow was dispatched by A, it was clearly marked to
 
 
indicate—
35
 
(a)
that it contained a crossbow or part of a crossbow, and
 
 
(b)
that, when finally delivered, it should only be delivered into
 
 
the hands of B.
 
 
(7)
Condition 3 is that A took all reasonable precautions and exercised
 
 
all due diligence to ensure that, when finally delivered, the package
40
 
would be delivered into the hands of B.
 

Page 42

 
(8)
Condition 4 is that A did not deliver the package, or arrange for its
 
 
delivery, to a locker.
 
 
(9)
Where the crossbow or part of a crossbow was dispatched by A to a
 
 
place from which it was to be collected by B, references in subsections
 
 
(6) and (7) to its final delivery are to be read as its supply to B from
5
 
that place.
 
 
(10)
In subsection (8) “locker” means a lockable container to which the
 
 
package is delivered with a view to its collection by B, or a person
 
 
acting on behalf of B, in accordance with arrangements made between
 
 
A and B.”
10
32
Delivery of crossbows
 
 
In the Crossbows Act 1987, after section 1B (inserted by section 31 ) insert—
 
 
“1C
Offence of seller delivering crossbows or parts of crossbows to
 
 
residential premises in England or Wales
 
 
(1)
This section applies if—
15
 
(a)
a person (“A”) sells or lets on hire a crossbow or part of a
 
 
crossbow to another person (“B”), and
 
 
(b)
A and B are not in each other's presence at the time of the sale.
 
 
(2)
A commits an offence if, for the purposes of supplying the crossbow
 
 
or part of a crossbow to B, A—
20
 
(a)
delivers the crossbow or part of a crossbow to residential
 
 
premises in England or Wales, or
 
 
(b)
arranges for its delivery to residential premises in England or
 
 
Wales.
 
 
(3)
A commits an offence if, for the purposes of supplying the crossbow
25
 
or part of a crossbow to B, A—
 
 
(a)
delivers the crossbow or part of a crossbow to a locker in
 
 
England or Wales, or
 
 
(b)
arranges for its delivery to a locker in England or Wales.
 
 
(4)
In subsection (3) “locker” means a lockable container to which the
30
 
crossbow or part of a crossbow is delivered with a view to its collection
 
 
by B, or a person acting on behalf of B, in accordance with
 
 
arrangements made between A and B.
 
 
(5)
A person guilty of an offence under this section is liable on summary
 
 
conviction to imprisonment for a term not exceeding the maximum
35
 
term for summary offences or a fine (or both).
 
 
(6)
The “maximum term for summary offences”, in relation to an offence,
 
 
means—
 
 
(a)
if the offence is committed before the time when section 281(5)
 
 
of the Criminal Justice Act 2003 comes into force, six months;
40

Page 43

 
(b)
if the offence is committed after that time, 51 weeks.
 
1D
Defences to offences under section 1C
 
 
(1)
It is a defence for a person charged with an offence under section
 
 
1C (2) (a) to show that the delivery conditions were met.
 
 
(2)
It is a defence for a person charged with an offence under section
5
 
1C (2) (b) to show that—
 
 
(a)
the arrangement required the person with whom it was made
 
 
not to finally deliver the crossbow or part of a crossbow unless
 
 
the delivery conditions were met, and
 
 
(b)
the person charged with the offence took all reasonable
10
 
precautions and exercised all due diligence to ensure that the
 
 
crossbow or part of a crossbow would not be finally delivered
 
 
unless the delivery conditions were met.
 
 
(3)
It is a defence for a person charged with an offence under section
 
 
1C (3) to show that they took all reasonable precautions and exercised
15
 
all due diligence to avoid the commission of the offence.
 
 
(4)
For the purposes of this section the delivery conditions are that—
 
 
(a)
the person (“P”) into whose hands the crossbow or part of a
 
 
crossbow was finally delivered showed the person delivering
 
 
it an identity document issued to P, and
20
 
(b)
on the basis of that document a reasonable person would have
 
 
been satisfied—
 
 
(i)
that P was over 18, and
 
 
(ii)
if the person to whom the crossbow or part of the
 
 
crossbow was sold or let on hire was an individual,
25
 
that P was that individual.
 
 
(5)
“Identity document” has the same meaning as in section 1B (5) .
 
 
(6)
The Secretary of State may by regulations provide for other defences
 
 
for a person charged with an offence under section 1C .
 
 
1E
Offence of delivery business delivering crossbows or parts of
30
 
crossbows to residential premises in England and Wales on behalf
 
 
of UK seller
 
 
(1)
This section applies if—
 
 
(a)
a person (“A”) sells or lets for hire a crossbow or part of a
 
 
crossbow to another person (“B”),
35
 
(b)
A and B are not in each other’s presence at the time of the sale
 
 
or letting on hire and A is within the United Kingdom at that
 
 
time,
 

Page 44

 
(c)
before the sale or letting on hire A entered into an arrangement
 
 
with a person (“C”) by which C agreed to deliver crossbows
 
 
or parts of crossbows for A,
 
 
(d)
C was aware when they entered into the arrangement that it
 
 
covered the delivery of crossbows or parts of crossbows, and
5
 
(e)
pursuant to the arrangement, C finally delivers the crossbow
 
 
or part of a crossbow to residential premises in England or
 
 
Wales.
 
 
(2)
For the purposes of subsection (1) (b) a person other than an individual
 
 
is within the United Kingdom at any time if the person carries on a
10
 
business of selling articles of any kind from premises in any part of
 
 
the United Kingdom at that time.
 
 
(3)
C commits an offence if, when they finally deliver the crossbow or
 
 
part of a crossbow to residential premises in England or Wales, they
 
 
do not deliver it into the hands of a person who—
15
 
(a)
is aged 18 or over, and
 
 
(b)
if the person to whom the crossbow or part of the crossbow
 
 
was sold or let on hire is an individual, is that individual.
 
 
(4)
A person finally delivering the crossbow or part of a crossbow to
 
 
residential premises in England or Wales on behalf of C commits an
20
 
offence if, when they deliver it, they do not deliver it into the hands
 
 
of a person who—
 
 
(a)
is aged 18 or over, and
 
 
(b)
if the person to whom the crossbow or part of the crossbow
 
 
was sold or let on hire is an individual, is that individual.
25
 
(5)
It is a defence for a person charged with an offence under subsection
 
 
(3) to show that the delivery conditions (within the meaning of section
 
 
1D (4) ) were met.
 
 
(6)
It is a defence for a person charged with an offence under subsection
 
 
(4) to show that—
30
 
(a)
the delivery conditions (within the meaning of section 1D (4)
 
 
) were met, or
 
 
(b)
the person did not know, and a reasonable person would not
 
 
have known, that the person was delivering a crossbow or part
 
 
of a crossbow.
35
 
(7)
The Secretary of State may by regulations provide for other defences
 
 
for a person charged with an offence under this section.
 
 
(8)
A person guilty of an offence under this section is liable on summary
 
 
conviction to a fine.
 

Page 45

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

Page 46

 
(b)
the person did not know, and a reasonable person would not
 
 
have known, that the person was delivering a crossbow or part
 
 
of a crossbow.”
 
33
Sale and delivery of crossbows: supplementary provision
 
 
(1)
After section 1F of the Crossbows Act 1987 (inserted by section 32 ) insert—
5
“1G
Interpretation of sections
 
 
(1)
This section applies for the interpretation of sections 1B to 1F .
 
 
(2)
A person (“A”) is not in the presence of another person (“B”) at any
 
 
time if—
 
 
(a)
where A is an individual, A or a person acting on behalf of A
10
 
is not in the presence of B at that time;
 
 
(b)
where A is not an individual, a person acting on behalf of A
 
 
is not in the presence of B at that time.
 
 
(3)
“Residential premises” means premises used solely for residential
 
 
purposes.
15
 
(4)
The circumstances where premises are not residential premises include,
 
 
in particular, where a person carries on a business from the premises.
 
 
(5)
A person charged with an offence is taken to have shown a matter
 
 
if—
 
 
(a)
sufficient evidence of the matter is adduced to raise an issue
20
 
with respect to it, and
 
 
(b)
the contrary is not proved beyond reasonable doubt.”
 
 
(2)
After section 6 of the Crossbows Act 1987 insert—
 
“6A
Regulations
 
 
(1)
Regulations made by the Secretary of State under this Act are to be
25
 
made by statutory instrument.
 
 
(2)
The Secretary of State may not make a statutory instrument containing
 
 
(alone or with other provision) regulations under section 1D (6) or
 
 
1E (7) unless a draft of the instrument has been laid before and
 
 
approved by a resolution of each House of Parliament.
30
 
(3)
Any other statutory instrument containing regulations made by the
 
 
Secretary of State under this Act is subject to annulment in pursuance
 
 
of a resolution of either House of Parliament.”
 

Page 47

 
(3)
In section 66(1) of the Offensive Weapons Act 2019 (guidance on offences
 
 
relating to offensive weapons etc), after paragraph (ga) (inserted by section
 
 
34 insert—
 
 
“(gb)
any of sections 1 to 3 of the Crossbows Act 1987 (sale etc of
 
 
crossbows) as they have effect in relation to England and
5
 
Wales,”.
 
34
Duty to report remote sales of knives etc in bulk: England and Wales
 
 
(1)
In the Criminal Justice Act 1988, after section 141C insert—
 
“141D
Duty to report remote sales of knives etc in bulk: England and Wales
 
 
(1)
A person (“the seller”) must, in accordance with requirements specified
10
 
in regulations made by the Secretary of State by statutory instrument,
 
 
report to the person specified in the regulations any reportable sales
 
 
the seller makes of bladed articles.
 
 
(2)
A reportable sale of bladed articles occurs where the seller, in any of
 
 
the ways set out in subsection (4) , sells—
15
 
(a)
six or more bladed articles, none of which form a qualifying
 
 
set of bladed articles;
 
 
(b)
two or more qualifying sets of bladed articles;
 
 
(c)
one or more qualifying sets of bladed articles and five or more
 
 
bladed articles that do not form a qualifying set.
20
 
(3)
“Qualifying set of bladed articles” means three or more bladed articles
 
 
packaged together for sale as a single item, where each bladed article
 
 
is a different size or shape from the others.
 
 
(4)
The ways are—
 
 
(a)
in a single remote sale where the bladed articles are to be
25
 
delivered to an address in England and Wales, or
 
 
(b)
in two or more remote sales in any period of 30 days—
 
 
(i)
to one person, where the bladed articles are to be
 
 
delivered to one or more addresses in England and
 
 
Wales, or
30
 
(ii)
to two or more persons, where the bladed articles are
 
 
to be delivered to the same residential premises in
 
 
England and Wales.
 
 
(5)
A sale of bladed articles is “remote” if the seller and the person to
 
 
whom the bladed article is sold are not in each other’s presence at the
35
 
time of the sale.
 
 
(6)
For the purposes of subsection (5) a person (“A”) is not in the presence
 
 
of another person (“B”) at any time if—
 
 
(a)
where A is an individual, A or a person acting on behalf of A
 
 
is not in the presence of B at that time;
40

Page 48

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

Page 49

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

Part 3

 

Retail crime

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

Page 50

36
Assault of retail worker: duty to make criminal behaviour order
 
 
In Chapter 1 of Part 11 of the Sentencing Code (criminal behaviour orders),
 
 
after section 331 (power to make criminal behaviour order) insert—
 
“331A
Duty to make order for offence of assaulting retail worker
 
 
(1)
This section applies where—
5
 
(a)
a person is convicted of an offence under section 35 of the
 
 
Crime and Policing Act 2025 (assault of retail worker),
 
 
(b)
the prosecution makes an application to the court for a criminal
 
 
behaviour order to be made against the offender,
 
 
(c)
the offender is aged 18 or over at the time the prosecution
10
 
makes the application, and
 
 
(d)
the court does not impose a custodial sentence or make a youth
 
 
rehabilitation order, a community order, or a suspended
 
 
sentence order in respect of—
 
 
(i)
the offence mentioned in paragraph (a),
15
 
(ii)
any other offence of which the offender is convicted by
 
 
or before it, or
 
 
(iii)
any other offence for which it deals with the offender.
 
 
(2)
Section 331 applies as if for subsections (2) and (3) of that section there
 
 
were substituted—
20
 
“(2)
Subject to subsection (3) , the court must, in addition to dealing
 
 
with the offender for the offence, make a criminal behaviour
 
 
order against the offender.
 
 
(3)
Subsection (2) does not apply if—
 
 
(a)
the court is of the opinion that there are exceptional
25
 
circumstances which—
 
 
(i)
relate to the offence or the offender, and
 
 
(ii)
justify not making a criminal behaviour order,
 
 
or
 
 
(b)
the court makes an order for absolute discharge under
30
 
section 79 in respect of the offence.”
 
 
(3)
Section 332 applies as if for subsection (1) of that section there were
 
 
substituted—
 
 
“(1)
For the purpose of forming an opinion as to whether there are
 
 
exceptional circumstances as mentioned in subsection (3) (a) of
35
 
section 331 (as modified by subsection (2) of section 331A ), the
 
 
court may consider evidence led by the prosecution and
 
 
evidence led by the offender.”
 

Page 51

37
Theft from shop triable either way irrespective of value of goods
 
 
(1)
In the Magistrates’ Courts Act 1980, omit section 22A (low-value shoplifting
 
 
to be a summary offence).
 
 
(2)
In consequence of the amendment made by subsection (1) —
 
 
(a)
in the Magistrates’ Courts Act 1980—
5
 
(i)
in section 2(3)(a) for “22A” substitute “22”;
 
 
(ii)
in section 143, omit subsections (2)(aza) and (3)(aa);
 
 
(b)
in the Criminal Attempts Act 1981, omit—
 
 
(i)
section 1(5);
 
 
(ii)
in section 4(1)(c), the words from “or is low-value” to “1980),”;
10
 
(c)
in section 51(2)(b) of the Crime and Disorder Act 1998, omit
 
 
“22A(2)(b),”;
 
 
(d)
in section 84 of the Armed Forces Act 2006, omit subsection (2A);
 
 
(e)
in the Anti-social Behaviour, Crime and Policing Act 2014, omit section
 
 
176;
15
 
(f)
in the Criminal Justice and Courts Act 2015, omit section 52;
 
 
(g)
in section 6 of the Judicial Review and Courts Act 2022, omit subsection
 
 
(3).
 
 
(3)
The amendments made by this section do not apply in relation to an offence
 
 
committed before this section comes into force.
20

Part 4

 

Criminal exploitation of children and others

 

Chapter 1

 

Child criminal exploitation

 

Offence of child criminal exploitation

25
38
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
30
 
(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—
35
 
“child” means a person under the age of 18;
 
 
“criminal conduct” means—
 

Page 52

 
(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)—
5
 
(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);
10
 
(b)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
10 years or a fine (or both).
 
 
(4)
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
 
 
section 45 does not apply), after paragraph 36C insert—
 
 
“Crime and Policing Act 2025 (c. 00)
15
 
36D
An offence under any of the following provisions of the Crime and
 
 
Policing Act 2025—
 
 
section 38 (child criminal exploitation)”.
 

Child criminal exploitation prevention orders made otherwise than on conviction

 
39
Power to make CCE prevention order
20
 
(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 41 ,
 
 
(b)
a person is acquitted of any offence, by or before a court,
 
 
(c)
the Crown Court allows a person’s appeal against a conviction for
25
 
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,
 
 
or
 
 
(ii)
the person is under a disability and has done the act charged
30
 
against them in respect of any offence.
 
 
(2)
The court may make an order under section 40 (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—
35
 
(a)
in any case, the court is satisfied that the defendant has engaged in
 
 
conduct associated with causing children to engage in criminal conduct,
 
 
or
 

Page 53

 
(b)
in a case within subsection (1) (d) , the offence in question is an offence
 
 
under section 38 .
 
 
(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
 
(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
10
 
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.
 
40
CCE prevention orders
15
 
(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 45
 
 
(notification).
20
 
(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;
25
 
(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
30
 
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.
35
 
(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.
 

Page 54

Procedure

 
41
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,
5
 
(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
10
 
(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
15
 
(b)
the police area which the applicant believes the defendant is in or is
 
 
intending to come to,
 
 
of that application.
 
42
Applications without notice
 
 
(1)
An application for a CCE prevention order may be made without notice to
20
 
the defendant.
 
 
(2)
If an application is made without notice the court must do one of the
 
 
following—
 
 
(a)
adjourn the proceedings and make an interim CCE prevention order
 
 
(see section 43 );
25
 
(b)
adjourn the proceedings without making an interim order;
 
 
(c)
dismiss the application.
 
43
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.
30
 
(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 40 (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
35
 
order on the defendant is a requirement to comply with section 45
 
 
(notification).
 

Page 55

 
(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
5
 
CCE prevention order, or the discharge of such an order, under section 46 .
 
44
Procedural powers where no application made
 
 
(1)
This section applies in the circumstances mentioned in section 39 (1) (b) , (c) or
 
 
(d) .
 
 
(2)
For the purpose of deciding whether to make a CCE prevention order, the
10
 
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
15
 
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
20
 
(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.
 
 
(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
25
 
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.
30

Notification requirements

 
45
Notification requirements
 
 
(1)
This section applies where a CCE prevention order requires the defendant to
 
 
comply with this section.
 

Page 56

 
(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
5
 
(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
10
 
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—
15
 
(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.
20
 
(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
25
 
found and, if there is more than one such place, such one of those
 
 
places as the defendant may select.
 
 
(8)
In determining the period of three days mentioned in subsection (2) or (4)
 
 
, no account is to be taken of any time when the defendant is—
 
 
(a)
remanded in or committed to custody by an order of a court or kept
30
 
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

35
46
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—
 

Page 57

 
(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
5
 
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) .
10
 
(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
15
 
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 40 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
20
 
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
25
 
officer.
 
 
This subsection does not apply to an interim CCE prevention order.
 
 
(8)
Where a person within section 41 (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—
30
 
(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—
35
 
(a)
where the Crown Court or the Court of Appeal made the order, the
 
 
Crown Court;
 
 
(b)
in any other case, any magistrates’ court.
 
47
Appeals
 
 
(1)
A relevant person may appeal to the relevant court against a decision made—
40

Page 58

 
(a)
on an application under section 41 (application for CCE prevention
 
 
order);
 
 
(b)
under section 43 (interim CCE prevention orders);
 
 
(c)
made on an application under section 46 (application for variation or
 
 
discharge of order).
5
 
(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
10
 
Appeal;
 
 
“relevant person” means—
 
 
(a)
the person who made the application to which the decision
 
 
relates,
 
 
(b)
the defendant,
15
 
(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—
20
 
(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)
25
 
of section 39 (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
 
 
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
30
 
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
35
 
(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.
 

Page 59

Supplementary

 
48
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—
5
 
(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
10
 
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
15
 
same extent that oral evidence of those matters is admissible in those
 
 
proceedings.
 
49
Offence of providing false information
 
 
(1)
This section applies where a CCE prevention order requires a person to
 
 
comply with section 45 (notification requirements).
20
 
(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);
25
 
(b)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
five years or a fine (or both).
 
 
(4)
Section 48 (4) applies for the purposes of this section.
 
50
Interpretation and supplementary provision
 
 
(1)
In sections 39 to 49 —
30
 
“CCE prevention order” means an order under section 40 (and
 
 
accordingly includes an interim order made by virtue of section 43 );
 
 
“child” has the meaning given by section 38 (and “children” is to be
 
 
construed accordingly);
 
 
“criminal conduct” has the meaning given by section 38 ;
35
 
“defendant” has the same meaning as in section 39 .
 
 
(2)
An application under this Chapter is to be made—
 

Page 60

 
(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
5
 
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

10
51
Orders made on conviction
 
 
Schedule 5 amends Part 11 of the Sentencing Code (behaviour orders) so as
 
 
to enable courts dealing with offenders in respect of offences to make CCE
 
 
prevention orders.
 

Guidance

15
52
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
 
 
38 ;
20
 
(b)
CCE prevention orders under section 40 ;
 
 
(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
25
 
State must consult such 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.
30
 
(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,
35
 
(c)
the chief constable of the Ministry of Defence Police, or
 

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(d)
the Director General of the National Crime Agency.
 

Chapter 2

 

Cuckooing

 
53
Controlling another’s home for criminal purposes
 
 
(1)
A person (A) commits an offence if—
5
 
(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.
10
 
(2)
In this section “relevant offence” means—
 
 
(a)
where the dwelling is in England or Wales, an offence under the law
 
 
of England and Wales that is listed in Part 1 of Schedule 6 ;
 
 
(b)
where the dwelling is in Scotland, an offence under the law of Scotland
 
 
that is listed in Part 2 of Schedule 6 ;
15
 
(c)
where the dwelling is in Northern Ireland, an offence under the law
 
 
of Northern Ireland that is listed in Part 3 of Schedule 6 .
 
 
(3)
Section 54 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
20
 
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);
25
 
(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
 
 
5 years or a fine (or both).
30
54
Section
 
 
(1)
This section applies for the purposes of section 53 .
 
 
(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
35
 
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.
 

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(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;
5
 
(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.
10
 
(5)
For the purposes of section 53 (1) (c) , B consents to A exercising control for
 
 
the purpose mentioned in section 53 (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,
15
 
(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.
 
55
Power to amend definition of “relevant offence”
20
 
(1)
The Secretary of State may by regulations amend Schedule 6 , except so far
 
 
as the amendment could be made by regulations under subsection (2) or (3) .
 
 
(2)
The Scottish Ministers may by regulations amend Part 2 of Schedule 6 , where
 
 
provision about the offence to which the amendment relates would be within
 
 
the legislative competence of the Scottish Parliament if it were contained in
25
 
an Act of that Parliament.
 
 
(3)
The Department of Justice in Northern Ireland may by regulations amend
 
 
Part 3 of Schedule 6 , where provision about the offence to which the
 
 
amendment relates—
 
 
(a)
would be within the legislative competence of the Northern Ireland
30
 
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

35

Consequential provision

 
56
Protections for witnesses, and lifestyle offences
 
 
(1)
In Part 2 of the Youth Justice and Criminal Evidence Act 1999—
 

Page 63

 
(a)
in section 17(4A) after paragraph (b) insert—
 
 
“(ba)
an offence under section 38 of the Crime and Policing
 
 
Act 2025 (child criminal exploitation);
 
 
(bb)
an offence under section 53 of that Act (controlling
 
 
another’s home for criminal purposes);”;
5
 
(b)
in section 33(6) after paragraph (d) insert—
 
 
“(e)
an offence under section 38 of the Crime and Policing
 
 
Act 2025 (child criminal exploitation);
 
 
(f)
an offence under section 53 of that Act (controlling
 
 
another’s home for criminal purposes).”;
10
 
(c)
in section 35(3) after paragraph (a) insert—
 
 
“(aa)
an offence under section 38 of the Crime and Policing
 
 
Act 2025 (child criminal exploitation);
 
 
(ab)
an offence under section 53 of that Act (controlling
 
 
another’s home for criminal purposes);”.
15
 
(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 53 of Crime and Policing Act
 
 
2025 (controlling another’s home for criminal
20
 
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 53 of Crime and Policing Act
25
 
2025 (controlling another’s home for criminal
 
 
purposes),”.
 
 
(3)
In Article 23 of that Order—
 
 
(a)
in paragraph (3) after sub-paragraph (ce) insert—
 
 
“(cf)
an offence under section 53 of Crime and Policing Act
30
 
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—
35
 
(a)
in Schedule 2 (lifestyle offences: England and Wales), after paragraph
 
 
3A insert—
 
 
“Exploitation of vulnerable persons
 
 
3B
(1)
An offence under section 38 of the Crime and Policing Act
 
 
2025 (child criminal exploitation).
40

Page 64

 
(2)
An offence under section 53 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
 
 
4B
An offence under section 53 of the Crime and Policing Act
5
 
2025 (controlling another’s home for criminal purposes).”;
 
 
(c)
in Schedule 5 (lifestyle offences: Northern Ireland), after paragraph
 
 
3A insert—
 
 
“Exploitation of vulnerable persons
 
 
3B
An offence under section 53 of the Crime and Policing Act
10
 
2025 (controlling another’s home for criminal purposes).”
 

Part 5

 

Sexual offences and offenders

 

Chapter 1

 

Child sexual abuse

15
57
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
20
 
to supply a CSA image-generator.
 
 
(2)
It is a defence for a person charged with an offence under this section
 
 
of possessing a CSA image-generator to prove that the person—
 
 
(a)
was sent the CSA image-generator without any request having
 
 
been made for it (by or on behalf of the person), and
25
 
(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
30
 
was a CSA image-generator.
 
 
(4)
For further defences, see section 46B .
 
 
(5)
A person who commits an offence under this section is liable—
 

Page 65

 
(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).
5
 
(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;
10
 
(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
15
 
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
20
 
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
25
 
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 —
30
 
(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,
35
 
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—
40
 
(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
 

Page 66

 
(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
5
 
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;
10
 
(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 ”.
15
 
(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.”
20
 
(4)
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
 
 
section 45 does not apply), in paragraph 33 (offences under the Sexual Offences
 
 
Act 2003), after the entry for section 41 insert—
 
 
“section 46A (child sexual abuse image-generators)”.
 
 
(5)
The Secretary of State may by regulations make provision authorising—
25
 
(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,
30
 
for the purpose of investigating technology that may be used to create, or
 
 
facilitate the creation of, CSA images.
 
 
(6)
The regulations may impose conditions.
 
 
(7)
The regulations may provide that the doing of anything specified in the
 
 
regulations, in accordance with any conditions so specified, does not constitute
35
 
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);
40

Page 67

 
(d)
an offence under section 46A of the Sexual Offences Act 2003 (inserted
 
 
by subsection (1) ).
 
 
(8)
In subsection (5) “CSA image” means—
 
 
(a)
an indecent photograph or pseudo-photograph of a child, within the
 
 
meaning of the Protection of Children Act 1978, or
5
 
(b)
a prohibited image of a child, within the meaning of section 62 of the
 
 
Coroners and Justice Act 2009.
 
58
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.
10
 
(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—
15
 
(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
20
 
(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),
25
 
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)),
30
 
(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
35
 
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
40
 
constitute such an offence if done in Northern Ireland;
 

Page 68

 
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”.
5
 
(6)
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
 
 
section 45 does not apply), for paragraph 35A (offences under the Serious
 
 
Crime Act 2015) substitute—
 
 
“35A
An offence under any of the following provisions of the Serious
 
 
Crime Act 2015—
10
 
section 69 (possession of paedophile manual)
 
 
section 75A (strangulation or suffocation).”
 
59
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.
15
 
(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;
20
 
(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
25
 
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
 
 
7 , or
30
 
(b)
conduct outside the United Kingdom that would constitute
 
 
such an offence if it took place in the United Kingdom;
 
 
“content” , in relation to an internet service, has the meaning given by
 
 
section 236 (1) of the Online Safety Act 2023 ;
 
 
“internet service” has the meaning given by section 228 of that Act (and
35
 
section 204(1) of that Act applies).
 
 
(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);
40

Page 69

 
(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
5
 
maximum (or both);
 
 
(d)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
10 years or a fine (or both).
 
60
Offence under
 
 
(1)
A person commits an offence under section 59 by virtue of conduct outside
10
 
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 59 .
15
 
(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
20
 
constitute an offence under section 59 .
 
 
(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
25
 
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 59 , and
 
 
(d)
the person meets the residence or nationality condition at the relevant
 
 
time.
30
 
(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
35
 
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—
40

Page 70

 
(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
5
 
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
10
 
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 59 is committed outside the United Kingdom—
 
 
(a)
proceedings for the offence may be taken at any place in the United
 
 
Kingdom, and
15
 
(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
20
 
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 —
25
 
“ “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
30
 
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
35
 
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.
 

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61
Liability for offence under
 
 
(1)
This section applies where an offence under section 59 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
5
 
(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 —
10
 
“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
15
 
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
20
 
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
25
 
with respect to it.
 

62

 
 
(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—
30
 
“35D
An offence under section 59 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—
35
 
“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 72

 
(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
 
(5)
In paragraph 93A (service offences), in sub-paragraph (1) , for “35C” substitute
 
 
“35D”.
 
 
(6)
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
 
 
section 45 does not apply), in paragraph 36D (inserted by section 38 ), after
 
 
the entry for section 38 insert—
10
 
“section 59 (online facilitation of child sexual exploitation and abuse)”.
 
63
Sexual activity in presence of child etc
 
 
(1)
The Sexual Offences Act 2003 is amended as follows.
 
 
(2)
In section 11(1) (engaging in sexual activity in presence of child), in paragraph
 
 
(c) for the words from “he engages” to the end (not including the “and” at
15
 
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
20
 
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,”.
25
 
(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,”;
30
 
(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,”.
35
 
(7)
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
 
 
section 45 does not apply), in paragraph 33 (offences under the Sexual Offences
 
 
Act 2003), after the entry for section 10 insert—
 
 
“section 11 (engaging in sexual activity in presence of child)”.
 

Page 73

64
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
5
 
offence,
 
 
(b)
the offence is aggravated by grooming, and
 
 
(c)
the offender was aged 18 or over when the offence was
 
 
committed.
 
 
(2)
The court—
10
 
(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
15
 
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.
20
 
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—
25
 
(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
30
 
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),
35
 
(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
40
 
exploitation of children).
 

Page 74

 
(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
5
 
offences relating to persons with mental disorder),
 
 
(c)
an offence under any of sections 61 to 63 of that Act
 
 
(preparatory offences), or
 
 
(d)
an offence under any of sections 66 to 67A of that Act (exposure
 
 
and voyeurism),
10
 
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.
15
 
(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 64 of the Crime and Policing Act
 
 
2025 comes into force.”
20
 
(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
25
 
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
30
 
the law of England and Wales is a specified child sex offence.”
 
65
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
35
 
(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
40
 
approved by the Secretary of State for the purpose of
 

Page 75

 
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.
5
 
(3)
In this section—
 
 
“child sexual abuse image” means—
 
 
(a)
in relation to England and Wales and Northern Ireland,
 
 
an indecent photograph or pseudo-photograph of a
 
 
child or a prohibited image of a child;
10
 
(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;
15
 
“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;
20
 
(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.”
25

Chapter 2

 

Duty to report child sexual abuse

 
66
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
30
 
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
35
 
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.
40

Page 76

 
(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.
5
 
The regulations may in particular provide that a notification to a police force
 
 
or local authority is to be made in accordance with any requirements published
 
 
from time to time by the police force or local authority.
 
 
(5)
The duty under subsection (1) does not apply to a person in the initial 7-day
 
 
period if (and for so long as) they reasonably believe that making such a
10
 
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.
15
 
(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
20
 
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 69 (exception for certain consensual activities between children);
 
 
(b)
section 70 (exception relating to commission of offence under section
25
 
14 of the Sexual Offences Act 2003 by a child in certain circumstances);
 
 
(c)
section 71 (exception in respect of certain disclosures by children);
 
 
(d)
section 72 (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,
30
 
or
 
 
(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
35
 
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
40
 
(ii)
section 160 of the Criminal Justice Act 1988 (possession of
 
 
indecent photograph of child),
 

Page 77

 
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 67 .
 
 
(12)
In this Chapter—
5
 
“child” means a person aged under 18 (and related expressions are to
 
 
be construed accordingly);
 
 
“child sex offence” means an offence specified in Part 1 of Schedule 8 ;
 
 
“relevant activity” means—
 
 
(a)
a regulated activity relating to children within the meaning of
10
 
Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups
 
 
Act 2006 , or
 
 
(b)
an activity specified in Part 2 of Schedule 8 ;
 
 
“relevant child” means a child involved in the suspected offence other
 
 
than any child who is the suspected offender.
15
 
(13)
This Chapter applies to persons in the service of the Crown.
 

67

 
 
(1)
This section applies for the purposes of section 66 .
 
 
(2)
“Relevant local authority” means—
 
 
(a)
if a relevant child resides in England or Wales, the local authority in
20
 
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—
25
 
(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
30
 
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.
35
 
(4)
In this section “local authority” has the same meaning as in the Children Act
 
 
2004 (see section 65).
 
 
(5)
Section 66 (11) (b) (references to “involved in the suspected offence”) applies
 
 
for the purposes of this section.
 

Page 78

68

 
 
(1)
For the purposes of section 66 , 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.
5
 
(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.
 
 
(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
10
 
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,
15
 
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
20
 
means.
 
69
Exception for certain consensual sexual activities between children
 
 
(1)
The duty under section 66 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
25
 
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
30
 
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
35
 
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—
 

Page 79

 
(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
5
 
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
10
 
appropriate in the circumstances to make a notification under section 66
 
 
, 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.
15
 
(7)
In this section “indecent photograph” has the same meaning as in the
 
 
Protection of Children Act 1978 (see section 7 of that Act).
 
 
70
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 66 does not apply to a person if the following four
20
 
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).
25
 
(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
30
 
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
35
 
(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.
 

Page 80

 
(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 66
 
 
, 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,
5
 
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.
 
71
Exception in respect of certain disclosures by children
 
 
(1)
The duty under section 66 does not apply to a person (P) if—
10
 
(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 68 (4) , and
 
 
(b)
P reasonably believes that—
 
 
(i)
A is a child, and
15
 
(ii)
each other person involved in the suspected offence is a child
 
 
aged 13 or over.
 
 
(2)
Section 66 (11) (b) (references to “involved in the suspected offence”) applies
 
 
for the purposes of this section.
 
72
Exception for persons providing specified services
20
 
(1)
The Secretary of State may by regulations provide that the duty under section
 
 
66 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
25
 
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.
 
 
73
Preventing or deterring a person from complying with duty to report
30

suspected child sex offence

 
 
(1)
A person commits an offence if they—
 
 
(a)
know that a person is under a duty under section 66 , and
 
 
(b)
engage in any conduct with the intention of preventing or deterring
 
 
that person from complying with that duty.
35
 
(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 66 in
 

Page 81

 
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
5
 
(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
10
 
7 years or a fine (or both).
 
74
Modification of Chapter for constables
 
 
(1)
A constable who is under a duty under section 66 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
15
 
that a child sex offence may have been committed (for the purposes of section
 
 
66 ).
 
 
(2)
In the application of sections 66 (7) , 69 (5) and 70 (5) in respect of a constable,
 
 
the references in those provisions to the making of a notification under section
 
 
66 include references to the making of a record under subsection (1) of this
20
 
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;
25
 
“police force” includes—
 
 
(a)
the British Transport Police Force, and
 
 
(b)
the Ministry of Defence police.
 
75
Powers to amend this Chapter, and consequential amendments
 
 
(1)
The Secretary of State may by regulations amend—
30
 
(a)
section 66 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 66 ;
 
 
(c)
Schedule 8 (child sex offences, and further relevant activities).
35
 
The regulations may make consequential amendments of this Chapter.
 

Page 82

 
(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 66 of the Crime
 
 
and Policing Act 2025 (duty to report suspected child sex
5
 
offence).”
 
 
(3)
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
 
 
section 45 does not apply), in paragraph 36D (offences under the Crime and
 
 
Policing Act 2025) (inserted by section 38 ), after the entry for section 59
 
 
(inserted by section 62 ), insert—
10
 
“section 73 (preventing or deterring a person from complying with
 
 
duty to report suspected child sex offence)”.
 

Chapter 3

 

Other provision about sexual offences

 
 
76
Guidance about disclosure of information by police for purpose of preventing
15

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;
20
 
(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
25
 
(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.
30
 
(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
35
 
(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;
 

Page 83

 
“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—
5
 
(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.
 
77
Offences relating to intimate photographs or films and voyeurism
 
 
Schedule 9 makes provision in connection with offences relating to intimate
10
 
photographs or films and voyeurism.
 
78
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
15
 
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—
20
 
(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
25
 
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.”
 
79
Sexual activity with a corpse
 
 
(1)
In the Sexual Offences Act 2003 for section 70 substitute—
30
“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,
35
 
(c)
the person knows that, or is reckless as to whether, that is what
 
 
is touched, and
 
 
(d)
the touching is sexual.
 

Page 84

 
(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
5
 
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
10
 
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.
15

Chapter 4

 

Management of sex offenders

 
80
Notification of name change
 
 
After section 83 of the Sexual Offences Act 2003 insert—
 
“83A
Notification requirements: name changes
20
 
(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
25
 
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
30
 
(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—
35
 
(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.
 

Page 85

 
(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.
5
 
(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.
10
 
(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
15
 
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
20
 
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
25
 
Offenders Act 1997 .”
 
81
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)
30
 
(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
35
 
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—
 

Page 86

 
(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;
5
 
(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
10
 
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
15
 
(2) , and
 
 
(b)
at any time not less than 12 hours before the offender leaves
 
 
their home address, the information notified becomes inaccurate
 
 
or incomplete,
 
 
the relevant offender must give a further notification under subsection
20
 
(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
25
 
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)
30
 
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
35
 
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
40
 
Ministers.”
 

Page 87

 
(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
5
 
period, provided that the relevant period is at least 3 days.”
 
 
82
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
10
 
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
15
 
, and the notice has not been cancelled.
 
 
(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
20
 
(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.
25
 
(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,
30
 
(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,
 
 
or
 
 
(d)
in England or Wales or Northern Ireland, has been cautioned
 
 
in respect of such an offence.
35
 
(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);
40

Page 88

 
(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
5
 
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—
10
 
(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
15
 
(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.
 
 
(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.
20
 
(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.
25
 
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.
30
 
(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.
35
 
(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
40
 
to the same premises or children.
 

Page 89

 
(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—
5
 
(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
10
 
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—
15
 
(a)
in relation to an offender whose relevant police area is a police
 
 
area 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
20
 
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—
25
 
(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
30
 
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
35
 
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.
40

Page 90

 
(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
5
 
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
10
 
(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 ).
15
 
(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;
20
 
(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—
25
 
(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—
30
 
(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
35
 
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.
 

Page 91

 
83
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—
5
 
“(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”.
10
 
(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).
15
 
(2B)
A chief officer of police must keep under review a document published
 
 
by the chief officer under this section and may from time to time
 
 
publish a revised version of the document in such manner as the chief
 
 
officer thinks fit.”
 
84
Alternative method of notification
20
 
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
25
 
(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)
30
 
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,
35
 
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
 

Page 92

 
(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.
5
 
(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.
10
 
(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
15
 
notification.
 
 
(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
20
 
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,
25
 
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
30
 
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
35
 
person to—
 
 
(a)
take P’s fingerprints,
 
 
(b)
photograph any part of P, or
 
 
(c)
do both of those things.
 

Page 93

 
(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
5
 
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);
10
 
(b)
“relevant person” means a person at that police station to whom
 
 
P may give such a notification.”
 
85
Review of indefinite notification requirements (England and Wales)
 
 
(1)
The Sexual Offences Act 2003 is amended as follows.
 
 
(2)
In section 91A (review of indefinite notification requirements: qualifying
15
 
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
20
 
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.
25
 
(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
30
 
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
35
 
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.
 

Page 94

 
(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
5
 
(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
10
 
offender.
 
 
(2)
The date is the latest date on which the qualifying relevant offender
 
 
may make representations under section 91EA (5) .
 
 
(3)
The relevant chief officer of police may determine that the qualifying
 
 
relevant offender should not remain subject to the indefinite notification
15
 
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
20
 
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
25
 
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 .
30
 
(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
35
 
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,
40

Page 95

 
(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
5
 
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
10
 
day of receipt of the notice of determination.
 
 
(3)
A qualifying relevant offender may appeal under this section to any
 
 
magistrates’ court in a local justice area which includes any part of
 
 
the police area for which the chief officer is the relevant chief officer
 
 
of police.
15
 
(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—
20
 
“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
25
 
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.”
30
86
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
 
 
6A
(1)
The Chief Constable may, without an application having been made
35
 
by the offender, consider whether to discharge the offender from
 
 
the notification requirements (referred to in this Schedule as an
 
 
“own motion review”).
 

Page 96

 
(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
5
 
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
10
 
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.
15
 
(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
 
 
6B
(1)
On an own motion review the Chief Constable must discharge the
20
 
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.
25
 
(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
30
 
(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
35
 
6C
(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—
40

Page 97

 
(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
5
 
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
10
 
(ii)
state the effect of paragraphs 6D and 6.
 
 
(5)
The Department of Justice may by regulations amend the period in
 
 
sub-paragraph (1) .
 
 
Own motion review: application to Crown Court
 
 
6D
(1)
Where—
15
 
(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.
20
 
(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)
25
 
, 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
30
 
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.
35
 
(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.”
 

Page 98

87
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
5
 
(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
10
 
(1) only if, when the notice is given, the chief officer—
 
 
(a)
is the chief officer of police for the offender’s relevant police
 
 
area, and
 
 
(b)
is satisfied that it is necessary to give the notice for the purpose
 
 
of—
15
 
(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.
20
 
(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
25
 
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
30
 
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
35
 
under subsection (1) ;
 
 
“section” 93B relevant offender means a relevant offender who
 
 
is subject to the restriction in section 93B (1) .
 

Page 99

 
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
5
 
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.
10
 
(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’
15
 
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
20
 
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 —
25
 
(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
30
 
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 );
35
 
(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));
40
 
(d)
a document of a kind specified in regulations made by the
 
 
appropriate authority for the purposes of this section.
 

Page 100

 
(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
5
 
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,
10
 
(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.
15
 
(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
20
 
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—
25
 
(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
30
 
(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
35
 
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—
40

Page 101

 
(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
5
 
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) —
10
 
(a)
“religion” means any religion;
 
 
(b)
a reference to religion includes a reference to a lack of religion;
 
 
(c)
“belief” means any religious or philosophical belief;
 
 
(d)
a reference to belief includes a reference to a lack of belief.
 
93D
Authorisations granted under section
15
 
(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
20
 
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
25
 
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
30
 
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
35
 
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.
 

Page 102

 
(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
5
 
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
10
 
(b)
the end of each successive period of 12 months.
 
 
(3)
In carrying out their review, the appropriate chief officer must consider
 
 
any representations made during the consultation period by the
 
 
offender to whom the notice was given.
 
 
(4)
Before the start of the consultation period, the appropriate chief officer
15
 
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—
20
 
(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
25
 
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—
30
 
(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 ;
35
 
(e)
not to cancel a section 93A notice which has been given to P
 
 
(see section 93F ).
 

Page 103

 
(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;
5
 
(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—
10
 
(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—
15
 
(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
20
 
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
25
 
(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
30
 
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;
35
 
(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.
 

Page 104

 
(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—
5
 
“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—
10
 
(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
15
 
provided by a chief officer of police, that the person is a section
 
 
93B relevant offender who was not authorised to apply for a
 
 
driving licence in the new name.
 
 
(2)
The regulations may, in particular, include provision for authorising
 
 
or requiring—
20
 
(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) .
25
 
(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
30
 
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
35
 
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
40
 
Traffic Act 1988 .
 
 
(7)
In this section—
 

Page 105

 
“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;
5
 
“specified” means specified in regulations under this section.”
 
88
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
10
 
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
15
 
Service of Scotland authorised to make the application by a
 
 
constable of the Police Service of Scotland who is of the rank
 
 
of inspector or above;”;
 
 
(c)
omit the definition of “senior police officer”.
 
 
(3)
In section 96B (power of entry and search of relevant offender's home
20
 
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
25
 
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”.
 
89
Minor and consequential amendments
30
 
Schedule 10 contains minor and consequential amendments relating to this
 
 
Chapter.
 

Part 6

 

Stalking

 
90
Stalking protection orders on acquittal etc
35
 
(1)
The Stalking Protection Act 2019 is amended as follows.
 

Page 106

 
(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—
5
 
(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.
10
 
(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 ).
15
 
(4)
See also Chapter 3A of Part 11 of the Sentencing Code (stalking
 
 
protection orders on conviction).”
 
 
(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”;
20
 
(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—
25
“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
30
 
(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
35
 
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.
40

Page 107

 
(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)
5
 
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
10
 
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;
15
 
(iii)
where the application was made by the
 
 
defendant and relates to a stalking protection
 
 
order made under section 2A , the chief officer
 
 
of police for the area in which the defendant
 
 
resides, if that area is in England or Wales.”;
20
 
(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
25
 
(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—
30
 
(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;
35
 
(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
40
 
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)—
 

Page 108

 
(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;
5
 
(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)—
10
 
(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
15
 
whose decision was appealed against.”
 
 
(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
20
 
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
25
 
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’”;
30
 
(c)
in the definition of “stalking protection order”, for “section 1(1)”
 
 
substitute “ section A1 (1) ”.
 

Page 109

91
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
5
 
(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;
10
 
(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
15
 
(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.
20
 
(6)
In this Chapter, “acts” includes omissions.
 
364B
Power to make stalking protection order
 
 
(1)
This section applies where a court is dealing with an offender for an
 
 
offence.
 
 
(2)
The court may make a stalking protection order in respect of the
25
 
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
30
 
(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
35
 
a risk associated with stalking.
 
 
(4)
It does not matter—
 

Page 110

 
(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—
5
 
(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.
10
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
15
 
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
20
 
(whether made by that court or another).
 
 
(4)
The court may not include any prohibition or requirement in the new
 
 
stalking protection order which is incompatible with a prohibition or
 
 
requirement in the earlier stalking protection order.
 
364D
Variations, renewal or discharges of stalking protection order
25
 
(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—
30
 
(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.
35
 
(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
 

Page 111

 
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—
5
 
(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.
10
 
(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—
15
 
(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—
20
 
(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;
25
 
(b)
if the defendant is aged 18 or over at the time
 
 
the application is made, any magistrates' court
 
 
acting in the local justice area in which the youth
 
 
court that made the order acts;
 
 
“ “relevant chief officer of police” ” means—
30
 
(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;
35
 
“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;
40
 
(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;
 

Page 112

 
(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.
5
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,
10
 
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;
15
 
(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
20
 
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
25
 
(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
30
 
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—
35
 
(a)
on summary conviction, to imprisonment for a term not
 
 
exceeding the general limit in a magistrates’ court, or a fine,
 
 
or both, or
 

Page 113

 
(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).
5
 
(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.
10
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);
15
 
(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—
20
 
“(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—
25
 
(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
30
 
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).”
 

Page 114

92
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
5
 
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
10
 
(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
15
 
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.
20
 
(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.”
 
93
Guidance about the disclosure of information by police forces
25
 
In the Stalking Protection Act 2019 —
 
 
(a)
in section 12, in the heading, at the end insert “about police functions
 
 
under this Act”;
 
 
(b)
after section 12, insert—
 
“12A
Guidance about the disclosure of information by police forces
30
 
(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.
35
 
(2)
A chief officer of police must have regard to any guidance
 
 
issued under this section.
 

Page 115

 
(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.
5
 
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
10
 
force.”
 

Part 7

 

Other provision for the protection of persons

 
94
Administering etc harmful substances (including by spiking)
 
 
(1)
In the Offences Against the Person Act 1861—
15
 
(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—
20
 
(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.
25
 
(2)
In this section “harmful substance” means any poison or other
 
 
destructive or noxious thing.
 
 
(3)
A person who commits an offence under this section is liable—
 
 
(a)
on summary conviction in England and Wales, to
 
 
imprisonment for a term not exceeding the general limit
30
 
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
35
 
not exceeding 10 years or a fine (or both).”;
 
 
(c)
omit section 25 (alternative verdicts).
 

Page 116

 
(2)
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
 
 
section 45 does not apply), in paragraph 7 (offences under the Offences against
 
 
the Person Act 1861)—
 
 
(a)
omit the entry for section 22;
 
 
(b)
omit the entry for section 23;
5
 
(c)
before the entry for section 27, insert—
 
 
“section 24 (administering etc harmful substances (including
 
 
by spiking))”.
 
95
Encouraging or assisting serious self-harm
 
 
(1)
A person (D) commits an offence if—
10
 
(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
15
 
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
20
 
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);
25
 
“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
30
 
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);
35
 
(c)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
5 years or a fine (or both).
 
96
Encouraging or assisting serious self-harm: supplementary
 
 
(1)
Where—
 

Page 117

 
(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 95 as also having done it.
5
 
(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 95 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
10
 
(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 95 (1) by reason only of providing the internet service by which
15
 
a communication is sent, transmitted or published.
 
 
(4)
Section 95 (4) applies for the purposes of this section.
 
 
(5)
In consequence of the provision made by section 95 and this section, section
 
 
184 of the Online Safety Act 2023 (including the italic heading before that
 
 
section) is repealed.
20
 
(6)
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
 
 
section 45 does not apply), in paragraph 36D (inserted by section 38 ), after
 
 
the entry for section 73 (inserted by section 75 ), insert—
 
 
“section 95 (encouraging or assisting serious self-harm).”.
 
97
Child abduction
25
 
(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—
30
 
(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.”;
35
 
(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,”;
40

Page 118

 
(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,”.
 
 
(3)
In section 11 (consequential amendments and repeals), in subsection (3) for
5
 
“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) ;
10
 
(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.
 
98
Safeguarding vulnerable groups: regulated activity
15
 
(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))”;
20
 
(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);
25
 
(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;
30
 
(c)
sub-paragraph (3C).
 
 
(4)
Omit paragraph 5A and the italic heading before it.
 
99
Dangerous, careless or inconsiderate cycling
 
 
(1)
The Road Traffic Act 1988 is amended as set out in subsections (2) to (6) .
 

Page 119

 
(2)
Before section 28 (dangerous cycling) insert—
 
“27A
Causing death by dangerous cycling
 
 
A person who causes the death of another person by riding a cycle
 
 
dangerously on a road or other public place is guilty of an offence.
 
27B
Causing serious injury by dangerous cycling
5
 
(1)
A person who causes serious injury to another person by riding a
 
 
cycle dangerously on a road or other public place is guilty of an
 
 
offence.
 
 
(2)
In this section “serious injury” means—
 
 
(a)
in England and Wales, physical harm which amounts to
10
 
grievous bodily harm for the purposes of the Offences against
 
 
the Person Act 1861, and
 
 
(b)
in Scotland, severe physical injury.”
 
 
(3)
In section 28 —
 
 
(a)
in subsection (1) for “on a road dangerously” substitute “dangerously
15
 
on a road or other public place”;
 
 
(b)
omit subsections (2) and (3) .
 
 
(4)
After section 28 insert—
 
“28A
Meaning of “dangerous cycling”
 
 
(1)
This section applies for the purposes of sections 27A, 27B and 28.
20
 
(2)
A person is to be regarded as riding dangerously if (and only if) the
 
 
condition in subsection (3) or (4) is met.
 
 
(3)
The condition in this subsection is met if—
 
 
(a)
the way that the person rides falls far below what would be
 
 
expected of a competent and careful cyclist, and
25
 
(b)
it would be obvious to a competent and careful cyclist that
 
 
riding in that way would be dangerous.
 
 
(4)
The condition in this subsection is met if it would be obvious to a
 
 
competent and careful cyclist that riding the cycle in its current state
 
 
would be dangerous.
30
 
(5)
In determining the state of a cycle for the purposes of subsection (4),
 
 
regard may be had (among other things) to—
 
 
(a)
whether the cycle is equipped and maintained in accordance
 
 
with regulations under section 81 (regulation of brakes, bells
 
 
etc, on pedal cycles);
35
 
(b)
anything attached to or carried on the cycle and the manner
 
 
in which it is attached or carried.
 

Page 120

 
(6)
In determining what would be expected of, or obvious to, a competent
 
 
and careful cyclist in a particular case, regard is to be had both to—
 
 
(a)
the circumstances of which the person could be expected to be
 
 
aware (taking account of, if relevant to the case, the age of the
 
 
accused), and
5
 
(b)
the circumstances shown to have been within the knowledge
 
 
of the accused.
 
 
(7)
References in this section to something being “dangerous” are
 
 
references to it resulting in danger of—
 
 
(a)
injury to any person, or
10
 
(b)
serious damage to property.
 
28B
Causing death by careless, or inconsiderate, cycling
 
 
A person who causes the death of another person by riding a cycle
 
 
on a road or other public place without due care and attention, or
 
 
without reasonable consideration for other persons using the road or
15
 
place, is guilty of an offence.
 
28C
Causing serious injury by careless, or inconsiderate, cycling
 
 
(1)
A person who causes serious injury to another person by riding a
 
 
cycle on a road or other public place without due care and attention,
 
 
or without reasonable consideration for other persons using the road
20
 
or place, is guilty of an offence.
 
 
(2)
In this section “serious injury” means—
 
 
(a)
in England and Wales, physical harm which amounts to
 
 
grievous bodily harm for the purposes of the Offences against
 
 
the Person Act 1861, and
25
 
(b)
in Scotland, severe physical injury.”
 
 
(5)
In section 29 (careless, and inconsiderate, cycling)—
 
 
(a)
after “a road” insert “or other public place”;
 
 
(b)
after “the road” insert “or place”.
 
 
(6)
After section 29 insert—
30
“29A
Meaning of careless, or inconsiderate, cycling
 
 
(1)
This section applies for the purposes of sections 28B, 28C and 29.
 
 
(2)
A person is to be regarded as cycling without due care and attention
 
 
if (and only if) the way the person cycles falls below what would be
 
 
expected of a competent and careful cyclist.
35
 
(3)
In determining what would be expected of a competent and careful
 
 
cyclist in a particular case, regard is to be had both to—
 

Page 121

 
(a)
the circumstances of which the person could be expected to be
 
 
aware (taking account of, if relevant to the case, the age of the
 
 
accused), and
 
 
(b)
the circumstances shown to have been within the knowledge
 
 
of the accused.
5
 
(4)
A person (A) is to be regarded as cycling without reasonable
 
 
consideration for other persons only if those persons are
 
 
inconvenienced by A’s cycling.”
 
 
(7)
The table in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988
 
 
(prosecution and punishment of offences) is amended as follows.
10
 
(8)
After the entry relating to “RTA section 27” insert in columns 1 to 4—
 
 
“RTA section
 
 
Causing death by
 
 
On indictment.
 
 
Imprisonment for life.
 
 
27A
 
 
dangerous cycling.
 
 
(a) On conviction in England
 
 
RTA section
 
 
Causing serious
 
 
(a) Summarily.
 
 
(b) On indictment.
15
 
and Wales: the general limit
15
 
27B
15
 
injury by dangerous
15
 
in a magistrates’ court or a
 
 
cycling.
 
 
fine or both. On conviction
 
 
in Scotland: 12 months or
 
 
the statutory maximum or
 
 
both.
20
 
(b) 5 years or a fine or
 
 
both.”
 
 
(9)
After the entry relating to “RTA section 28” insert in columns 1 to 4—
 
 
“RTA section
 
 
Causing death by
 
 
(a) Summarily.
 
 
(a) On conviction in England
 
 
28B
25
 
careless or
25
 
(b) On indictment.
25
 
and Wales: the general limit
25
 
inconsiderate
 
 
in a magistrates’ court or a
 
 
cycling.
 
 
fine or both. On conviction
 
 
in Scotland: 12 months or
 
 
the statutory maximum or
 
 
both.
30
 
(b) 5 years or a fine or both.
 
 
RTA section
 
 
Causing serious
 
 
(a) Summarily.
 
 
(a) On conviction in England
 
 
28C
 
 
injury by careless or
 
 
(b) On indictment.
 
 
and Wales: the general limit
 
 
inconsiderate
 
 
in a magistrates’ court or a
 
 
cycling
35
 
fine or both. On conviction
35
 
in Scotland: 12 months or
 
 
the statutory maximum or
 
 
both.
 
 
(b) 2 years or a fine or
 
 
both.”
40

Page 122

Part 8

 

Prevention of theft and fraud

 

Electronic devices for use in vehicle offences

 
100
Electronic devices for use in vehicle offences
 
 
(1)
It is an offence to possess an electronic device in circumstances which give
5
 
rise to a reasonable suspicion that the device will be used in connection with
 
 
a relevant offence.
 
 
(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.
10
 
(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—
15
 
(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
20
 
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
25
 
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
30
 
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—
35
 
(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).
40

Page 123

 
(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
5
 
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);
10
 
(d)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
5 years or a fine (or both).
 
101
Section
 
 
(1)
Subsection (2) applies where—
 
 
(a)
in accordance with section 100 (3) , it is a defence for a person charged
15
 
with an offence to show a particular matter, or
 
 
(b)
in accordance with section 100 (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—
20
 
(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
25
 
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;
30
 
(iii)
after that sub-paragraph insert—
 
 
“(2)
An offence under section 100 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
35
 
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;
 

Page 124

 
(iii)
after that sub-paragraph insert—
 
 
“(2)
An offence under section 100 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
5
 
(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—
10
 
“(2)
An offence under section 100 of the Crime and
 
 
Policing Act 2025 (electronic devices for use in vehicle
 
 
offences).”
 

SIM farms

 
102
Possession of a SIM farm
15
 
(1)
A person who possesses a SIM farm commits an offence.
 
 
For the meaning of “SIM farm”, see section 104 .
 
 
(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.
20
 
(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
25
 
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
30
 
only if any supply would be in accordance with section 103 (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.
35
103
Supply of a SIM farm
 
 
(1)
A person who supplies a SIM farm to another person commits an offence.
 

Page 125

 
(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
5
 
(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
 
 
be supplied would have a good reason or lawful authority for
10
 
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
15
 
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;
20
 
(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
25
 
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
30
 
exceeding level 5 on the standard scale.
 

104

 
 
(1)
In sections 102 and 103 , “SIM farm” means a device which is capable of using
 
 
five or more SIM cards simultaneously or interchangeably, for the purpose
 
 
of—
35
 
(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.
40

Page 126

 
(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
 
(5)
Schedule 11 confers powers of entry etc in relation to offences under sections
 
 
102 and 103 and related inchoate offences.
 

Other devices or software

 
105
Possession of specified article
 
 
(1)
A person who possesses a specified article commits an offence.
10
 
“Specified article” means an article specified in regulations under section 107 .
 
 
(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
15
 
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 106 (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
20
 
exceeding level 5 on the standard scale.
 
106
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 107 .
25
 
(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
30
 
(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
35
 
possessing it, and
 
 
(c)
that, before the supply was made, the supplier made a record of the
 
 
specified information relating to the supply.
 

Page 127

 
(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—
5
 
(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;
 
 
(d)
the address of the recipient and, where the recipient is not an
10
 
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—
15
 
(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.
 
107
Sections
 
 
(1)
The Secretary of State may by regulations specify articles for the purposes of
20
 
sections 105 and 106 .
 
 
(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
25
 
(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 11 confers powers of entry etc in relation to offences under sections
30
 
105 and 106 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
35
 
Act 2003.
 

Page 128

Part 9

 

Public Order

 

Chapter 1

 

New offences relating to protests and assemblies

 
108
Offence of concealing identity at protests
5
 
(1)
A person commits an offence if the person is—
 
 
(a)
in a public place that is in a locality designated under section 109 , 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
10
 
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
 
 
(c)
a purpose relating to the person’s work.
 
 
(3)
Where the conduct described in subsection (1) takes place during the initial
15
 
period specified under section 109 (1) , a person commits the offence under
 
 
this section only if section 109 (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 109 (3) , a person commits the offence under this
20
 
section only if section 109 (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).
25
109
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
30
 
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.
35
 
(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—
 

Page 129

 
(a)
the fact that the designation has been made,
 
 
(b)
the nature of the offence created by section 108 ,
 
 
(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
5
 
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.
10
 
(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) .
15
 
(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;
20
 
(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
25
 
Justice and Public Order Act 1994 (powers to require removal of disguises)
 
 
may be given.
 
110
Concealing identity at protests: procedure for designations etc
 
 
(1)
A constable—
 
 
(a)
whose rank is that of inspector, and
30
 
(b)
who designates a locality under section 109 ,
 
 
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 109 —
35
 
(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.
40

Page 130

 
(3)
Where it is not reasonably practicable for a designation under section 109 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.
5
 
(4)
A direction under section 109 (3) must be given in writing or, where that is
 
 
not reasonably practicable, recorded in writing as soon as reasonably
 
 
practicable.
 
111
Possession of pyrotechnic articles at protests
 
 
(1)
It is an offence for a person to have a pyrotechnic article in their possession
10
 
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.
 
 
(2)
But no offence is committed if the person is taking part in a cultural or
15
 
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
20
 
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
25
 
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
30
 
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
35
 
by the Secretary of State.
 
112
War memorials
 
 
(1)
A person who climbs on a specified war memorial commits an offence.
 

Page 131

 
(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
5
 
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 12 , or
 
 
(b)
a part of a war memorial specified in Part 2 of Schedule 12 .
 
 
(4)
The Secretary of State may by regulations amend Schedule 12 .
10
 
(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).
 
113
Interpretation of Chapter
 
 
In this Chapter—
15
 
“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
20
 
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.
25

Chapter 2

 

Police powers in relation to protests and assemblies

 
114
Places of worship: restriction on protests
 
 
(1)
The Public Order Act 1986 is amended as follows.
 
 
(2)
In section 12(1) (imposing conditions on public processions)—
30
 
(a)
at the end of paragraph (ab) omit “or”;
 
 
(b)
at the end of paragraph (b) insert “or
 
 
“(c)
in the case of a procession in England and Wales, the
 
 
procession is in the vicinity of a place of worship and
 
 
may intimidate persons of reasonable firmness with the
35
 
result that those persons are deterred from—
 
 
(i)
accessing that place of worship for the purpose
 
 
of carrying out religious activities, or
 

Page 132

 
(ii)
carrying out religious activities at that place of
 
 
worship,”.
 
 
(3)
In section 14(1) (imposing conditions on public assemblies)—
 
 
(a)
at the end of paragraph (ab) omit “or”;
 
 
(b)
at the end of paragraph (b) insert “or
5
 
“(c)
in the case of an assembly in England and Wales, the
 
 
assembly is in the vicinity of a place of worship and
 
 
may intimidate persons of reasonable firmness with the
 
 
result that those persons are deterred from—
 
 
(i)
accessing that place of worship for the purpose
10
 
of carrying out religious activities, or
 
 
(ii)
carrying out religious activities at that place of
 
 
worship.”
 
 
(4)
In section 14ZA(1) (imposing conditions on one-person protests)—
 
 
(a)
at the end of paragraph (a) omit “or”;
15
 
(b)
at the end of paragraph (b) insert “or
 
 
“(c)
the protest is in the vicinity of a place of worship and
 
 
may intimidate persons of reasonable firmness with the
 
 
result that those persons are deterred from—
 
 
(i)
accessing that place of worship for the purpose
20
 
of carrying out religious activities, or
 
 
(ii)
carrying out religious activities at that place of
 
 
worship.”
 
115
Powers of senior officers to impose conditions on protests
 
 
(1)
The Public Order Act 1986 is amended as follows.
25
 
(2)
In section 12 (imposing conditions on public processions)—
 
 
(a)
in subsection (1), for “the”, in the first place it occurs, substitute “a”;
 
 
(b)
in subsection (2)—
 
 
(i)
in the words before paragraph (a) omit “the”;
 
 
(ii)
in paragraph (a) for the words from “, the most” to the end
30
 
substitute “—
 
 
“(i)
the most senior in rank of the police
 
 
officers present at the scene, or
 
 
(ii)
in the case of a procession in England
 
 
and Wales, a police officer authorised by
35
 
a chief officer of police for the purposes
 
 
of this subsection, and”.
 
 
(3)
In section 14 (imposing conditions on public assemblies)—
 
 
(a)
in subsection (1), for “the”, in the first place it occurs, substitute “a”;
 
 
(b)
in subsection (2)—
40

Page 133

 
(i)
in the words before paragraph (a) omit “the”;
 
 
(ii)
in paragraph (a) for the words from “, the most” to the end
 
 
substitute “—
 
 
“(i)
the most senior in rank of the police
 
 
officers present at the scene, or
5
 
(ii)
in the case of an assembly in England
 
 
and Wales, a police officer authorised by
 
 
a chief officer of police for the purposes
 
 
of this subsection, and”;
 
 
(c)
in subsection (2ZB), for “reference in subsection (2)(b) to a chief officer
10
 
of police includes”, substitute “references in subsection (2) to a chief
 
 
officer of police include”.
 
 
116
Amendments relating to British Transport Police and Ministry of Defence
 

Police

 
 
(1)
The Public Order Act 1986 is amended in accordance with subsections (2)
15
 
and (3) .
 
 
(2)
In section 14A(9) (prohibiting trespassory assemblies), in the definition of
 
 
“land”, after ““land”” insert “, except in subsections (4A) to (4C) of this
 
 
section,”.
 
 
(3)
In section 16 (interpretation), in the definition of “public assembly”, for the
20
 
words from “wholly” to the end substitute “—
 
 
“(a)
wholly or partly open to the air, or
 
 
(b)
within any of paragraphs (a) to (f) of section 31(1) of the
 
 
Railways and Transport Safety Act 2003;”.
 
 
(4)
The Criminal Justice and Public Order Act 1994 is amended in accordance
25
 
with subsections (5) and (6) .
 
 
(5)
In section 60 (powers to stop and search in anticipation of or after violence),
 
 
after subsection (9A) insert—
 
 
“(9B)
So far as they relate to an authorisation by a member of the Ministry
 
 
of Defence Police—
30
 
(a)
subsections (1) and (9) have effect as if the references to a
 
 
locality in a police area were references to a place in England
 
 
and Wales among those specified in section 2(2) of the Ministry
 
 
of Defence Police Act 1987, and
 
 
(b)
subsection (1)(aa)(i) has effect as if the reference to a police
35
 
area were a reference to the places in England and Wales
 
 
specified in section 2(2) of the Ministry of Defence Police Act
 
 
1987.”
 
 
(6)
In section 60AA (powers to require removal of disguises)—
 

Page 134

 
(a)
for subsection (8) substitute—
 
 
“(8)
So far as subsections (1), (3) and (6) relate to an authorisation
 
 
by a member of the British Transport Police Force, those
 
 
subsections have effect as if the references to a locality or a
 
 
locality in a a police area were references to a place in England
5
 
and Wales among those specified in section 31(1)(a) to (f) of
 
 
the Railways and Transport Safety Act 2003.
 
 
(8A)
So far as subsections (1), (3) and (6) relate to an authorisation
 
 
by a member of the Ministry of Defence Police, those
 
 
subsections have effect as if the references to a locality or a
10
 
locality in a police area were references to a place in England
 
 
and Wales among those specified in section 2(2) of the Ministry
 
 
of Defence Police Act 1987.”;
 
 
(b)
in subsection (9) omit “and “policed premises” each”.
 

Part 10

15

Powers of police etc

 

Power to suspend IP addresses etc

 
117
Suspension of internet protocol addresses and internet domain names
 
 
Schedule 13 makes provision about IP address suspension orders and domain
 
 
name suspension orders.
20

Powers in respect of stolen goods

 
118
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—
25
“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.
30
 
(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
35

Page 135

 
(iii)
it is not reasonably practicable to obtain a warrant for
 
 
the entry and search (under section 26 or another
 
 
enactment) without frustrating or seriously prejudicing
 
 
its purpose, and
 
 
(b)
there is electronic tracking data indicating that the specified
5
 
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—
10
 
(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—
15
 
(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
20
 
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
25
 
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
30
 
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
35
 
(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
40

Page 136

 
(b)
that it is necessary to seize it in order to prevent it being
 
 
concealed, lost, damaged, altered or destroyed.
 
 
(3)
The constable may seize anything which is on the specified premises
 
 
(whether or not it is a specified item) if the constable has reasonable
 
 
grounds to believe—
5
 
(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
10
 
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
15
 
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
20
 
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.
25
 
(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);
30
 
“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 ”.
35

Page 137

119
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
5
 
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
10
 
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
15
 
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
20
 
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
25
 
(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
30
 
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
35
 
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
40
 
the authorisation is given, and
 

Page 138

 
(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
5
 
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
10
 
(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
15
 
(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
20
 
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
25
 
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
30
 
(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.
35
 
(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
40

Page 139

 
(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—
5
 
(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—
10
 
(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) .
15
 
(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.
20
 
(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”
25
 
“special procedure material” .”
 

Access to driver licensing information

 
120
Access to driver licensing information
 
 
In the Criminal Justice and Court Services Act 2000 , for section 71 substitute—
 
“71
Access to driver licensing information
30
 
(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
35
 
the making available of driver licensing information under this section.
 

Page 140

 
(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;
5
 
(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
10
 
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
15
 
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,
20
 
(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.
25
 
(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).
30
 
(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
35
 
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
40
 
in the corresponding entry in the second column of the table to receive
 
 
information under that section. Person
 

Page 141

 
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
5
 
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
10
 
the Director General of the
10
 
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
15
 
the Police Investigations and
15
 
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
20
 
the relevant Provost Marshal
20
 
force, or any other person who is
 
 
under the direction and control
 
 
of a Provost Marshal
 
 
the Service Police Complaints
 
 
a person appointed as an
 
 
investigating officer by, or a
25
 
Commissioner
25
 
member of the staff of, the
 
 
Service Police Complaints
 
 
Commissioner
 
 
Isle of Man
 
 
a member of the Isle of Man
30
 
the Chief Constable of the Isle of
30
 
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
35
 
of Man
35
 
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
5
 
the Agent of the Impôts of the
5
 
an officer of the Impôts, of the
 
 
Bailiwick of Jersey
 
 
Bailiwick of Jersey
 
 
a member or employee of the
 
 
the Director of the Jersey
 
 
Jersey Financial Intelligence Unit
 
 
Financial Intelligence Unit
 
 
Guernsey
10
 
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
 
 
Guernsey
 
 
an officer of customs and excise,
15
 
the Chief Officer of Customs and
15
 
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
20
 
Bailiwick of Guernsey
20
 
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
25
 
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
30
 
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
35
 
constable but who—
 
 
(a)
is—
 

Page 143

 
(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
5
 
(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
10
 
(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,
 
 
or
15
 
(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
20
 
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
25
 
(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—
30
 
(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
35
 
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
40
 
must have regard to any code of practice issued under this section.
 

Page 144

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).
5
 
(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.
10
 
(4)
In subsection (3) , “the commencement day” means the day on which
 
 
section 120 of the Crime and Policing Act 2025 comes into force.”
 

Drug testing in police detention

 
121
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
15
 
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”;
20
 
(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
25
 
(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 .
30
 
(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—
35
 
(a)
may make different provision for different purposes or
 
 
different areas, and
 
 
(b)
may make transitional, transitory or saving provision.
 

Page 145

 
(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
5
 
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 14 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
10
 
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) ;
15
 
(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).
 
122
Assessment of misuse of controlled drugs
 
 
(1)
The Drugs Act 2005 is amended as follows.
20
 
(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”.
25
 
(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
30
 
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
35
 
condition to undergo relevant Class A drug assessment
 
 
etc).
 
 
(1A)
For the purposes of the requirement—
 

Page 146

 
(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))
5
 
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) ”;
10
 
(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—
15
 
“(3)
“Specified controlled drug” means a controlled drug specified
 
 
in regulations under section 63C (6) (b) of PACE.”
 
123
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.
20
 
(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
25
 
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—
30
 
(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
35
 
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”;
40

Page 147

 
(b)
in paragraph (a) , for “that period” substitute “the same continuous
 
 
period of detention”.
 
124
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)
5
 
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
10
 
“(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”.
 
125
Removal of notification conditions
 
 
(1)
In section 63B of the Police and Criminal Evidence Act 1984 (testing for
15
 
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),
20
 
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 “.”;
25
 
(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”;
30
 
(ii)
after paragraph (b) , for “, and” substitute “.”;
 
 
(iii)
omit paragraph (c) ;
 
 
(b)
omit subsections (6) to (8) .
 

Page 148

Conditional cautions

 
126
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
5
 
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—
10
 
“(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

15
127
Confiscation
 
 
(1)
Schedule 15 makes provision about confiscation orders in England and Wales.
 
 
(2)
Schedule 16 makes provision about confiscation orders in Northern Ireland.
 
128
Proceedings for civil recovery: costs and expenses
 
 
(1)
After section 288 of the Proceeds of Crime Act 2002 insert—
20
 
“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—
25
 
(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
30
 
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 149

 
(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.
5

Part 12

 

Management of offenders

 
129
Extension of polygraph condition to certain offenders
 
 
(1)
Section 28 of the Offender Management Act 2007 (application of polygraph
 
 
condition) is amended as follows.
10
 
(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
15
 
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
20
 
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
25
 
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
30
 
“(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.”
35
 
(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 150

 
(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
5
 
(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
10
 
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
15
 
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.
20
 
(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
25
 
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
30
 
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)”.
35
130
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—
40

Page 151

 
(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—
5
 
(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,
10
 
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.
15
 
(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.
20
 
(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
25
 
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,
30
 
(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
35
 
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
40
 
subsection (2)”;
 

Page 152

 
(d)
after that subsection insert—
 
 
“(4)
This section applies in relation to youth rehabilitation orders
 
 
made before (as well as those made after) section 130 of the
 
 
Crime and Policing Act 2025 comes into force.”
 
 
(4)
In section 215 (community orders: duty of offender to keep in touch with
5
 
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—
10
 
(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
15
 
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
20
 
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”;
25
 
(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 130 of the Crime and Policing Act 2025 comes into
 
 
force.”
30
 
(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
35
 
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—
40
 
(i)
any name which the offender uses but which is
 
 
not mentioned in the suspended sentence order,
 

Page 153

 
(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
5
 
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—
10
 
“(4)
The obligations under subsection (2) apply in relation to
 
 
suspended sentence orders made before (as well as those made
 
 
after) section 130 of the Crime and Policing Act 2025 comes
 
 
into force.”
 
 
(6)
In consequence of the amendments made by this section, in section 149 of
15
 
the Police, Crime, Sentencing and Courts Act 2022 omit subsections (2)(d)
 
 
and (3)(d).
 

Part 13

 

The police

 

Handling of complaints and conduct matters

20
131
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
25
 
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
30
 
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—
35
 
(a)
the appropriate authority under the direction of the Director
 
 
General, or
 
 
(b)
the Director General,
 

Page 154

 
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
5
 
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
10
 
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
15
 
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
20
 
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.
25
 
(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
30
 
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—
35
 
(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,
40
 
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 155

 
(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—
5
 
(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 .
10
 
132
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)—
15
 
(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.”;
20
 
(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
25
 
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
30
 
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).”
35
 
(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
40
 
conviction for a criminal offence against a person (if any) to
 
 
whose conduct the investigation related.”
 

Page 156

 
(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
5
 
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
10
 
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).”
15
 
(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—
20
 
“(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
25
 
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
30
 
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
35
 
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
40
 
given by section 29 of the Police Reform Act 2002 .
 

Page 157

133
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
5
 
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
10
 
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
15
 
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
20
 
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
25
 
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—
30
 
(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
35
 
(2) (a) .”
 

Anonymity for authorised firearms officers

 
134
Anonymity for authorised firearms officers charged with qualifying offences
 
 
(1)
This section applies where in criminal proceedings in a court in England and
 
 
Wales, or in proceedings (anywhere) before a service court, a person (“D”) is
40
 
charged with a qualifying offence.
 

Page 158

 
(2)
An offence is a “qualifying offence” if—
 
 
(a)
it is alleged to have been committed by D acting in the exercise of
 
 
functions as an authorised firearms officer,
 
 
(b)
the conduct alleged to constitute the offence involved the use by D of
 
 
a lethal barrelled weapon to discharge a conventional round, and
5
 
(c)
D was, at the time of the alleged offence, authorised by the relevant
 
 
authority to use that weapon with that round.
 
 
(3)
The court must—
 
 
(a)
cause the following information to be withheld from the public in
 
 
proceedings before the court, in each case unless satisfied that it would
10
 
be contrary to the interests of justice to do so—
 
 
(i)
D’s name;
 
 
(ii)
D’s address;
 
 
(iii)
D’s date of birth;
 
 
(b)
give a reporting direction (see section 136 ) in respect of D (if one does
15
 
not already have effect), unless satisfied that it would be contrary to
 
 
the interests of justice to do so.
 
 
(4)
The court may, if satisfied that it is necessary in the interests of justice to do
 
 
so, make an anonymity order (see section 137 ) in respect of D.
 
 
(5)
If D is convicted of the offence—
20
 
(a)
subsections (3) and (4) cease to apply in respect of D, and
 
 
(b)
any restriction put in place under subsection (3) (a) and any reporting
 
 
direction given, or anonymity order made, under this section in respect
 
 
of D cease to have effect at the time D is sentenced for the offence.
 
 
(6)
In subsection (1) , “authorised firearms officer” means—
25
 
(a)
a member of a relevant police force who is authorised by the relevant
 
 
chief officer to use a lethal barrelled weapon with a conventional round
 
 
in the exercise of functions as a constable,
 
 
(b)
a National Crime Agency officer who is authorised by the Director
 
 
General of the National Crime Agency to use a lethal barrelled weapon
30
 
with a conventional round in the exercise of functions as a National
 
 
Crime Agency officer,
 
 
(c)
a member of the Police Service of Scotland or the Police Service of
 
 
Northern Ireland who—
 
 
(i)
is provided under section 98 of the Police Act 1996 for the
35
 
assistance of a police force in England and Wales, and
 
 
(ii)
is authorised by the relevant authority to use a lethal barrelled
 
 
weapon with a conventional round in the exercise of functions
 
 
as a constable, or
 
 
(d)
a member of the armed forces who—
40
 
(i)
is deployed in support of a relevant police force or the National
 
 
Crime Agency, and
 

Page 159

 
(ii)
is authorised by the Secretary of State to use a lethal barrelled
 
 
weapon with a conventional round for the purposes of that
 
 
deployment.
 
 
(7)
In this section—
 
 
“conventional round” means any shot, bullet or other missile other than
5
 
one designed to be used without its use giving rise to a substantial
 
 
risk of causing death or serious injury;
 
 
“lethal barrelled weapon” has the meaning given by section 57(1B) of
 
 
the Firearms Act 1968;
 
 
“member of the armed forces” means a person who is subject to service
10
 
law (see section 367 of the Armed Forces Act 2006 );
 
 
“relevant authority” means—
 
 
(a)
in relation to a member of a relevant police force, the relevant
 
 
chief officer;
 
 
(b)
in relation to a National Crime Agency officer, the Director
15
 
General of the National Crime Agency;
 
 
(c)
in relation to a member of the Police Service of Scotland, the
 
 
Chief Constable of the Police Service of Scotland;
 
 
(d)
in relation to a member of the Police Service of Northern
 
 
Ireland, the Chief Constable of the Police Service of Northern
20
 
Ireland;
 
 
(e)
in relation to a member of the armed forces, the Secretary of
 
 
State;
 
 
“relevant chief officer” means—
 
 
(a)
in relation to a police force in England and Wales, the chief
25
 
officer of police of that police force;
 
 
(b)
in relation to the British Transport Police Force, the Chief
 
 
Constable of the British Transport Police Force;
 
 
(c)
in relation to the Ministry of Defence Police, the Chief Constable
 
 
of the Ministry of Defence Police;
30
 
(d)
in relation to the Civil Nuclear Constabulary, the Chief
 
 
Constable of the Civil Nuclear Constabulary;
 
 
“relevant police force” means—
 
 
(a)
a police force in England and Wales,
 
 
(b)
the British Transport Police Force,
35
 
(c)
the Ministry of Defence Police, or
 
 
(d)
the Civil Nuclear Constabulary;
 
 
“service court” means—
 
 
(a)
the Court Martial, or
 
 
(b)
the Court Martial Appeal Court.
40
 
(8)
This section does not apply in relation to proceedings begun before the coming
 
 
into force of this section.
 

Page 160

 
135
Anonymity for authorised firearms officers appealing convictions for
 

qualifying offences

 
 
(1)
This section applies where a person (“D”) is convicted of a qualifying offence
 
 
in proceedings in a court in England and Wales, or proceedings (anywhere)
 
 
before a service court.
5
 
(2)
The court by or before which D is convicted may, if satisfied that it is
 
 
necessary in the interests of justice to do so—
 
 
(a)
cause any or all of the information mentioned in section 134 (3) (a) (i)
 
 
to (iii) to be withheld from the public in proceedings before the court;
 
 
(b)
give a reporting direction in respect of D (see section 136 );
10
 
(c)
make an anonymity order in respect of D (see section 137 ).
 
 
(3)
Any reporting direction given, or anonymity order made, under subsection
 
 
(2) ceases to have effect at the end of the appeal period unless, before the
 
 
end of that period, D brings an appeal against the conviction.
 
 
(4)
Where, before the end of the appeal period, D brings an appeal against the
15
 
conviction, the court dealing with the appeal may, if satisfied that it is
 
 
necessary in the interests of justice to do so—
 
 
(a)
cause any or all of the information mentioned in section 134 (3) (a) (i)
 
 
to (iii) to be withheld from the public in proceedings before the court;
 
 
(b)
give a reporting direction in respect of D;
20
 
(c)
make an anonymity order in respect of D.
 
 
(5)
The court dealing with the appeal must at the earliest opportunity determine
 
 
the issue of whether to exercise any or all of the powers under subsection
 
 
(4) .
 
 
(6)
Any reporting direction given, or anonymity order made, under subsection
25
 
(2) ceases to have effect upon the making of the determination mentioned in
 
 
subsection (5) (whether or not the court dealing with the appeal gives a
 
 
direction or makes an order).
 
 
(7)
Any reporting direction given, or anonymity order made, under subsection
 
 
(4) ceases to have effect if the appeal against conviction is abandoned or
30
 
dismissed.
 
 
(8)
In this section—
 
 
“appeal period” in relation to a person convicted of a qualifying offence,
 
 
means the period allowed for bringing an appeal against that
 
 
conviction, disregarding the possibility of an appeal out of time with
35
 
permission;
 
 
“qualifying offence” has the meaning given by section 134 (2) .
 
 
(9)
This section does not apply where the proceedings in which D was convicted
 
 
were begun before the coming into force of section 134 .
 

Page 161

136
Authorised firearms officers: reporting directions
 
 
(1)
A reporting direction, in relation to a person (“D”) charged with (or convicted
 
 
of) a qualifying offence, is a direction that no matter relating to D may be
 
 
included in any publication if it is likely to lead members of the public to
 
 
identify D as a person who is, or was, alleged to have committed (or who
5
 
has been convicted of) the offence.
 
 
(2)
The matters relating to D in relation to which the restrictions imposed by a
 
 
reporting direction apply (if their inclusion in any publication is likely to
 
 
have the result mentioned in subsection (1) ) include in particular—
 
 
(a)
D’s name,
10
 
(b)
D’s address,
 
 
(c)
the identity of any place at which D works, and
 
 
(d)
any still or moving image of D.
 
 
(3)
A relevant court may by direction (“an excepting direction”) dispense, to any
 
 
extent specified in the excepting direction, with the restrictions imposed by
15
 
a reporting direction if satisfied that it is necessary in the interests of justice
 
 
to do so.
 
 
(4)
An excepting direction—
 
 
(a)
may be given at the time the reporting direction is given or
 
 
subsequently;
20
 
(b)
may be varied or revoked by a relevant court.
 
 
(5)
A reporting direction has effect—
 
 
(a)
for a fixed period specified in the direction, or
 
 
(b)
indefinitely,
 
 
but this is subject to subsection (5) (b) of section 134 and subsections (3) , (6)
25
 
and (7) of section 135 .
 
 
(6)
A reporting direction may be revoked if a relevant court is satisfied that it is
 
 
necessary in the interests of justice to do so.
 
 
(7)
In this section—
 
 
“publication” has the same meaning as in Part 2 of the Youth Justice and
30
 
Criminal Evidence Act 1999 (see section 63 of that Act);
 
 
“qualifying offence” has the meaning given by section 134 (2) ;
 
 
“relevant court” , in relation to a reporting direction, means—
 
 
(a)
the court that gave the direction,
 
 
(b)
the court (if different) that is currently dealing, or that last
35
 
dealt, with the proceedings in which the direction was given,
 
 
or
 
 
(c)
any court dealing with an appeal (including an appeal by way
 
 
of case stated) arising out of the proceedings in which the
 
 
direction was given or with any further appeal.
40

Page 162

137
Authorised firearms officers: anonymity orders
 
 
(1)
An anonymity order, in relation to a person (“D”) charged with (or convicted
 
 
of) a qualifying offence, is an order made by a court that requires specified
 
 
measures to be taken in relation to D to ensure that the identity of D is
 
 
withheld from the public in proceedings before the court.
5
 
(2)
For the purposes of subsection (1) , the kinds of measures that may be required
 
 
to be taken in relation to D include measures for securing one or more of the
 
 
following—
 
 
(a)
that identifying details relating to D be withheld from the public in
 
 
proceedings before the court;
10
 
(b)
that D is screened to any specified extent;
 
 
(c)
that D’s voice is subjected to modulation to any specified extent.
 
 
(3)
An anonymity order may not require—
 
 
(a)
D to be screened to such an extent that D cannot be seen by—
 
 
(i)
the judge or other members of the court (if any), or
15
 
(ii)
the jury (if there is one);
 
 
(b)
D’s voice to be modulated to such an extent that D’s natural voice
 
 
cannot be heard by any persons within paragraph (a) (i) or (ii) .
 
 
(4)
The court that made an anonymity order may vary or discharge the order if
 
 
satisfied that it is necessary in the interests of justice to do so.
20
 
(5)
In this section—
 
 
“qualifying offence” has the meaning given by section 134 (2) ;
 
 
“specified” means specified in the anonymity order concerned.
 

Appeals to police appeals tribunals

 
138
Appeals to police appeals tribunals
25
 
(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”;
30
 
(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—
35
 
(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.
 

Page 163

 
(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
5
 
(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
10
 
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) .
15
 
(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)—
20
 
(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—
25
 
“(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
30
 
been a decision to dismiss the person,
 
 
the order takes effect on the date on which it is made.”
 
 
(7)
For paragraph 9 (including the italic heading before it) substitute—
 
 
“Parties’ costs: appeals by officer concerned
 
 
9
(1)
This paragraph applies in the case of an appeal by and relating to—
35
 
(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.
40

Page 164

 
(3)
The respondent’s costs are to be paid by the respondent.
 
 
Parties’ costs: appeals by chief officer of police or local policing body
 
 
9A
(1)
This paragraph applies in the case of an appeal by—
 
 
(a)
a chief officer of police (except where the chief officer of
 
 
police is the person to whom the appeal relates), or
5
 
(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.
10
 
Parties’ costs: appeals by IOPC
 
 
9B
(1)
This paragraph applies in the case of an appeal by the Director
 
 
General of the Independent Office for Police Conduct (“the Director
 
 
General”).
 
 
(2)
The Director General’s costs are to be paid by the Director General
15
 
unless—
 
 
(a)
the police appeals tribunal directs that the whole or any part
 
 
of those costs are to be paid by the appropriate authority,
 
 
or
 
 
(b)
sub-paragraph (3) applies.
20
 
(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
25
 
(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.
30
 
(5)
In this paragraph “appropriate authority” means—
 
 
(a)
where the person to whom the appeal relates is or was a
 
 
chief officer of police, the local policing body which brought
 
 
the proceedings in which the decision appealed against was
 
 
made;
35
 
(b)
in any other case, the chief officer of police who brought the
 
 
proceedings in which the decision appealed against was
 
 
made.
 

Page 165

 
Other costs of appeals
 
 
9C
(1)
The costs and expenses of an appeal under or by virtue of section
 
 
85, other than the appellant’s costs or the respondent’s costs, are to
 
 
be met out of the police fund of the relevant local policing body.
 
 
(2)
In sub-paragraph (1) , the reference to the costs and expenses of an
5
 
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
10
 
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—
15
 
(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;
20
 
(ab)
make provision enabling the Secretary of State to appeal
 
 
to a police appeals tribunal against a decision relating
 
 
to—
 
 
(i)
a senior officer of the Ministry of Defence Police,
 
 
or
25
 
(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
30
 
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
35
 
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—
40
 
“(4A)
Regulations under this section may provide for decisions
 
 
relating to appeals which would otherwise fall to be taken by
 

Page 166

 
the Secretary of State or the chief constable of the Ministry of
 
 
Defence Police to be taken instead by—
 
 
(a)
a person appointed in accordance with the regulations;
 
 
or
 
 
(b)
the Ministry of Defence Police Committee.”
5
 
(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

10

Youth diversion orders

 

Power to make orders

 
139
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
15
 
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
20
 
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 a relevant offence with a terrorist
 
 
connection, or
25
 
(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
30
 
serious harm (see section 140 ).
 
 
(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
35
 
when the application is made;
 
 
(ii)
a magistrates’ court in any other case;
 
 
(b)
in Scotland, a sheriff court;
 

Page 167

 
“relevant offence” means an offence which—
 
 
(a)
was committed on or after 29 June 2021,
 
 
(b)
is punishable on indictment with imprisonment for more than
 
 
2 years, and
 
 
(c)
is not specified in—
5
 
(i)
Schedule 1A to the Counter-Terrorism Act 2008 , or
 
 
(ii)
Schedule A1 to the Sentencing Code;
 
 
“terrorism offence” means—
 
 
(a)
an offence listed in section 41(1) of the Counter-Terrorism Act
 
 
2008, or
10
 
(b)
an ancillary offence (within the meaning of section 94 of that
 
 
Act) in relation to an offence so listed.
 
 
(4)
For the purposes of subsection (2) (a) (ii) , a relevant offence has a terrorist
 
 
connection if the offence—
 
 
(a)
is, or takes place in the course of, an act of terrorism, or
15
 
(b)
is committed for the purposes of terrorism.
 
 
(5)
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;
20
 
(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
25
 
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) ;
30
 
“terrorism” has the meaning given by section 1 of the Terrorism Act
 
 
2000;
 
 
“youth diversion order” has the same meaning as in subsection (1) .
 
140
Meaning of “serious harm”
 
 
(1)
In this Chapter “serious harm” means harm from—
35
 
(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
40
 
section of the public, or
 

Page 168

 
(b)
the threat of such conduct.
 
 
(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 139 (5) (which provides that “the public” means the public in
 
 
any part of the world).
5

Content of orders

 
141
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.
10
 
The order may in particular contain provision of a kind mentioned in
 
 
subsections (2) to (4) .
 
 
(2)
An order may contain prohibitions or requirements relating to any of the
 
 
following—
 
 
(a)
the persons with whom the respondent associates or communicates;
15
 
(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);
 
 
(d)
the respondent’s presence in, or access to, a specified area or place or
20
 
an area or place of a specified description;
 
 
(e)
the respondent's travel (whether within the United Kingdom, between
 
 
the United Kingdom and other places or otherwise).
 
 
(3)
An order may—
 
 
(a)
require the respondent to attend appointments or participate in
25
 
activities;
 
 
(b)
require the respondent to answer questions, provide information or
 
 
produce documents;
 
 
(c)
contain curfew requirements;
 
 
(d)
require the respondent to comply with section 142 (notification
30
 
requirements).
 
 
(4)
An order may contain any prohibition that is of a kind that could be imposed
 
 
by the Secretary of State in relation to an individual by virtue of paragraph
 
 
6A of Schedule 1 to the Terrorism Prevention and Investigation Measures Act
 
 
2011 (weapons and explosives measures).
35
 
(5)
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.
 
 
(6)
Prohibitions and requirements must, so far as practicable, be such as to avoid—
 

Page 169

 
(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.
5
 
(7)
A youth diversion order must specify the period for which it has effect (which
 
 
must not exceed 12 months).
 
 
(8)
A youth diversion order may specify periods for which particular prohibitions
 
 
or requirements have effect.
 
 
(9)
In this section—
10
 
“curfew requirement” means a requirement that the respondent must
 
 
remain at a particular place for particular periods;
 
 
“document” means anything in which information of any description is
 
 
recorded (whether or not in legible form);
 
 
“specified” means specified in the youth diversion order.
15
142
Notification requirements
 
 
(1)
This section applies where a youth diversion order requires the respondent
 
 
to comply with this section.
 
 
(2)
Before the end of the period of three days beginning with the day on which
 
 
a youth diversion order requiring the respondent to comply with this section
20
 
is first served, the respondent must notify to the police—
 
 
(a)
the respondent's name and, where the respondent uses one or more
 
 
other names, each of those names,
 
 
(b)
the respondent's home address, and
 
 
(c)
the name and address of any educational establishment the respondent
25
 
normally attends.
 
 
(3)
If, while the respondent is required to comply with this section, the
 
 
respondent—
 
 
(a)
uses a name which has not been notified under the order,
 
 
(b)
changes home address, or
30
 
(c)
begins to attend an educational establishment the name and address
 
 
of which have not been notified under the order,
 
 
the respondent must notify, to the police, the new name, the new home
 
 
address or the name and address of the new educational establishment.
 
 
(4)
A notification under subsection (3) must be given before the end of the period
35
 
of three days beginning with the day on which the respondent uses the name,
 
 
changes home address or first attends the educational establishment.
 
 
(5)
A notification under this section is given 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
40

Page 170

 
(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 respondent’s sole or main residence in the United
5
 
Kingdom, or
 
 
(b)
where the respondent has no such residence, the address or location
 
 
of a place in the United Kingdom where the respondent can regularly
 
 
be found and, if there is more than one such place, such one of those
 
 
places as the respondent may select.
10
 
(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 respondent is—
 
 
(a)
in police detention within the meaning of the Police and Criminal
 
 
Evidence Act 1984 (see section 118(2) of that Act);
 
 
(b)
remanded in or committed to custody by an order of a court or kept
15
 
in service custody,
 
 
(c)
serving a sentence of imprisonment or a term of service detention,
 
 
(d)
detained in a hospital, or
 
 
(e)
outside the United Kingdom.
 
143
Electronic monitoring of compliance with order: England and Wales
20
 
(1)
A youth diversion order made by a court in England and Wales may impose
 
 
on the respondent a requirement (an “electronic monitoring requirement”) to
 
 
submit to electronic monitoring of the respondent’s compliance with
 
 
prohibitions or requirements imposed by the order.
 
 
This is subject to section 144 .
25
 
(2)
A youth diversion order that includes an electronic monitoring requirement
 
 
must specify the person who is to be responsible for the monitoring.
 
 
(3)
The person specified under subsection (2) (“the responsible person”) must be
 
 
of a description specified in regulations made by the Secretary of State by
 
 
statutory instrument.
30
 
(4)
Where a youth diversion order imposes an electronic monitoring requirement,
 
 
the respondent must (among other things)—
 
 
(a)
submit, as required from time to time by the responsible person, to—
 
 
(i)
being fitted with, or the installation of, any necessary apparatus,
 
 
and
35
 
(ii)
the inspection or repair of any apparatus fitted or installed for
 
 
the purposes of the monitoring;
 
 
(b)
not interfere with, or with the working of, any apparatus fitted or
 
 
installed for the purposes of the monitoring;
 

Page 171

 
(c)
take any steps required by the responsible person for the purpose of
 
 
keeping in working order any apparatus fitted or installed for the
 
 
purposes of the monitoring.
 
 
These obligations have effect as requirements of the order.
 
 
144
Conditions for imposing electronic monitoring requirement: England and
5

Wales

 
 
(1)
This section applies for the purpose of determining whether a court in England
 
 
and Wales may impose an electronic monitoring requirement under section
 
 
143 .
 
 
(2)
An electronic monitoring requirement may not be imposed in the respondent’s
10
 
absence.
 
 
(3)
If there is a person (other than the respondent) without whose co-operation
 
 
it would be impracticable to secure the monitoring in question, the requirement
 
 
may not be imposed without that person’s consent.
 
 
(4)
A court may impose the requirement in relation to a relevant police area only
15
 
if—
 
 
(a)
the Secretary of State has given notification that electronic monitoring
 
 
arrangements are available in the area, and
 
 
(b)
it is satisfied that the necessary provision can be made under the
 
 
arrangements currently available.
20
 
(5)
For this purpose “relevant police area” means—
 
 
(a)
in any case, the police area in England and Wales in which it appears
 
 
to the court that the respondent resides or will reside, or
 
 
(b)
in a case where it is proposed to include in the order—
 
 
(i)
a requirement that the respondent remains, for specified
25
 
periods, at a specified place in England and Wales, or
 
 
(ii)
provision prohibiting the respondent from entering a specified
 
 
place or area in England and Wales,
 
 
the police area in which the place or area proposed to be specified is
 
 
situated.
30
 
(6)
In subsection (5) “specified” means specified in the youth diversion order.
 
145
Data from electronic monitoring in England and Wales: code of practice
 
 
The Secretary of State must issue a code of practice relating to the processing
 
 
of data gathered in the course of electronic monitoring of persons under
 
 
electronic monitoring requirements (within the meaning of section 143
35
 
) imposed by youth diversion orders in England and Wales.
 

Page 172

Procedure

 
146
Duty to consult
 
 
(1)
Before making an application for a youth diversion order or the variation or
 
 
discharge of such an order, a chief officer of police must, if the respondent
 
 
will be under the age of 18 when the application is made, consult—
5
 
(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 must consult—
10
 
(a)
the Lord Advocate,
 
 
(b)
the relevant local authority, and
 
 
(c)
if the respondent will be under the age of 18 when the application is
 
 
made, the Principal Reporter.
 
 
(3)
In this section—
15
 
“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
20
 
youth offending teams that the chief officer considers it
 
 
appropriate to consult;
 
 
“relevant local authority” means—
 
 
(a)
the Scottish local authority in whose area it appears to the chief
 
 
constable that the respondent lives, or
25
 
(b)
if it appears to the chief constable that the respondent lives in
 
 
more than one such area, whichever one or more of the relevant
 
 
Scottish local authorities that the chief constable considers it
 
 
appropriate to consult;
 
 
“Scottish local authority” means a council constituted under section 2 of
30
 
the Local Government etc (Scotland) Act 1994;
 
 
“youth offending team” means a team established under section 39 of
 
 
the Crime and Disorder Act 1998.
 
147
Applications without notice
 
 
(1)
An application for a youth diversion order may be made without notice to
35
 
the respondent.
 
 
(2)
Subsections (1) and (2) (b) and (c) of section 146 do not apply to an application
 
 
made without notice.
 
 
(3)
If an application is made without notice, the court must do one of the
 
 
following—
40

Page 173

 
(a)
adjourn the proceedings and make an interim youth diversion order
 
 
(see section 148 );
 
 
(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
5
 
with subsection (1) or (2) (b) and (c) of section 146 (as the case may be) 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.
 
148
Interim youth diversion orders
10
 
(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 149 ) until the determination of the application
 
 
(an “interim youth diversion order”).
15
 
Section 141 (7) does not apply in relation to an interim youth diversion order.
 
 
(3)
The only requirements that may be imposed by an interim youth diversion
 
 
order on the respondent are—
 
 
(a)
a requirement of the kind mentioned in section 141 (3) (b) (requirements
 
 
to provide information etc);
20
 
(b)
a requirement to comply with section 142 (notification requirements).
 
 
(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.
25

Variation, discharge and appeals

 
149
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—
30
 
(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;
35
 
(b)
in Scotland, to a sheriff court.
 

Page 174

 
(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;
5
 
(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
 
 
(c) on at most two occasions.
 
 
(5)
The court may make provision of a kind mentioned in subsection (4) only if
10
 
it considers that the provision is necessary for the purpose of protecting
 
 
members of the public from a risk of terrorism or other serious harm.
 
 
(6)
Subsections (6) and (8) of section 141 apply to additional prohibitions or
 
 
requirements included on a variation of an order.
 
 
(7)
If an application under this section is dismissed, the applicant may not make
15
 
a further application under this section without—
 
 
(a)
the consent of the court, or
 
 
(b)
the agreement of the other relevant person.
 
 
(8)
In this section “relevant person” means—
 
 
(a)
the person who applied for the youth diversion order, or
20
 
(b)
the respondent.
 
150
Appeal against youth diversion order etc
 
 
(1)
A relevant person (as defined by section 149 ) may appeal against a decision
 
 
made—
 
 
(a)
on an application under section 139 (application for youth diversion
25
 
order);
 
 
(b)
under section 148 (interim youth diversion orders);
 
 
(c)
on an application under section 149 (application for variation or
 
 
discharge of order).
 
 
(2)
An appeal under subsection (1) is to be made—
30
 
(a)
in England and Wales or Northern Ireland, to the Crown Court;
 
 
(b)
in Scotland, to the Sheriff Appeal Court.
 
 
(3)
Where an appeal is made to the Crown Court in England and Wales under
 
 
subsection (1) and on hearing the appeal the Crown Court makes a decision
 
 
in relation to that matter, any person who was a party to the proceedings
35
 
before the Crown Court may appeal against that decision to the Court of
 
 
Appeal in England and Wales.
 
 
(4)
An appeal under subsection (3) may be made only with the permission of
 
 
the Court of Appeal.
 

Page 175

 
(5)
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.
5
 
(6)
A youth diversion order made on an appeal under this section is to be treated
 
 
for the purposes of this Chapter (other than this section) as having been made
 
 
by the court that first made the decision appealed against.
 
 
(7)
Rules of court may provide that an appeal from a decision—
 
 
(a)
to dismiss an application for a youth diversion order made without
10
 
notice being given to the respondent, or
 
 
(b)
to refuse to make an interim youth diversion order when adjourning
 
 
proceedings following such an application,
 
 
may be made without notice being given to the respondent.
 

Supplementary

15
151
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)
Where a youth diversion order requires a person to provide information or
 
 
produce a document, it is an offence for the person, in purported compliance
20
 
with that requirement, to provide any information or produce any document
 
 
which the person knows to be false.
 
 
(3)
Where a youth diversion order requires a person to comply with section 142
 
 
, 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.
25
 
(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
30
 
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);
35
 
(d)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
two years or a fine (or both).
 
 
(5)
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.
40

Page 176

 
(6)
In proceedings for an offence under this section, a copy of the original youth
 
 
diversion order, certified by the proper officer of the court that made it, is
 
 
admissible as evidence of its having been made and of its contents to the
 
 
same extent that oral evidence of those matters is admissible in those
 
 
proceedings.
5
152
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.
10
 
(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 Youth Justice Board for England and Wales;
 
 
(b)
the Scottish Ministers;
15
 
(c)
the Youth Justice Agency in Northern Ireland;
 
 
(d)
the National Police Chiefs’ Council;
 
 
(e)
the chief constable of the Police Service of Scotland;
 
 
(f)
the chief constable of the Police Service of Northern Ireland;
 
 
(g)
the Director of Public Prosecutions;
20
 
(h)
the Lord Advocate;
 
 
(i)
the Director of Public Prosecutions for Northern Ireland;
 
 
(j)
the person appointed under section 36 of the Terrorism Act 2006;
 
 
(k)
such other persons as the Secretary of State considers appropriate.
 
 
(4)
The Secretary of State must lay before Parliament any guidance or revisions
25
 
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.
30
 
(7)
The Secretary of State must publish any guidance or revisions issued under
 
 
this section.
 
153
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
35
 
application to a court for an order requiring anonymity for the
 
 
respondent, and
 
 
(b)
the making by the court, on such an application, of an order requiring
 
 
such anonymity.
 

Page 177

 
(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
5
 
(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.
10
154
Applications
 
 
(1)
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.
15
 
(2)
Section 127 of the Magistrates’ Courts Act 1980 (time limit for complaints etc)
 
 
does not apply to a complaint under this Chapter.
 
 
(3)
In Schedule 1 to the Courts Reform (Scotland) Act 2014 (asp 17) (civil
 
 
proceedings etc in which summary sheriff has competence), after paragraph
 
 
12 insert—
20
 
“Youth diversion orders
 
 
13
Proceedings for or in relation to a youth diversion order under section
 
 
139 of the Crime and Policing Act 2025.”
 
155
Reviews of operation of this Chapter
 
 
In the Counter-Terrorism and Security Act 2015, in section 44(2) (provisions
25
 
the operation of which the person appointed under section 36(1) of the
 
 
Terrorism Act 2006 is also responsible for reviewing), after paragraph (e)
 
 
insert—
 
 
“(f)
Chapter 1 of Part 14 of the Crime and Policing Act 2025.”
 

Chapter 2

30

Other provisions about terrorism and national security

 
156
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)—
35

Page 178

 
(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
5
 
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—
10
 
(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;
15
 
(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
20
 
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;
25
 
(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—
30
 
“(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;
35
 
(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.”;
40
 
(c)
in sub-paragraph (2) omit the definition of “offensive weapon”.
 

Page 179

 
(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.
 
 
157
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
5
 
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,
10
 
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) —
 
 
(a)
in paragraph (a) after “(1)” insert “or (1ZA) ”;
15
 
(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
20
 
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
25
 
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
30
 
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
35
 
19 (1) of that Act ;
 
 
(g)
a prison within the meaning of the Prison Act (Northern
 
 
Ireland) 1953 (c. 18 (N.I.));
 

Page 180

 
(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.
5
 
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 .”
10
 
(5)
In the Armed Forces Act 2006, after section 93ZC (inserted by section 119
 
 
) 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
15
 
respects which the corresponding offence under the law of England
 
 
and Wales is an offence under section 13 (1ZA) of the Terrorism Act
 
 
2000 (wearing or displaying articles in support of proscribed
 
 
organisation).
 
 
(2)
Section 13 (4) to (7) of the Terrorism Act 2000 (powers of seizure)
20
 
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.”
 
158
Management of terrorist offenders
 
 
(1)
Schedule 17 amends Part 4 of the Counter-Terrorism Act 2008 (notification
25
 
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—
30
 
“(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
35
 
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.”
 

Page 181

159
Sentences for offence of breaching foreign travel restriction order
 
 
Schedule 18 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).
 
160
Length of terrorism sentence with fixed licence period: Northern Ireland
5
 
(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;”.
10
 
(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.
 
161
Terrorism offences excepted from defence for slavery or trafficking victims
 
 
(1)
Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in
 
 
section 45 does not apply) is amended as follows.
15
 
(2)
In paragraph 29 (offences under the Terrorism Act 2000)—
 
 
(a)
before the entry for section 54 insert—
 
 
“section 11 (membership of a proscribed organisation)
 
 
section 12 (support of a proscribed organisation)
 
 
section 15 (fund-raising for terrorism)
20
 
section 16 (use and possession of property for terrorism)
 
 
section 17 (funding arrangements)
 
 
section 17A (insurance against payments made in response to
 
 
terrorist demands)
 
 
section 18 (money laundering)
25
 
section 19 (disclosure of information: duty)
 
 
section 21A (failure to disclose: regulated sector)
 
 
section 38B (information about acts of terrorism)
 
 
section 39 (disclosure of information prejudicial to
 
 
investigation)”;
30
 
(b)
after the entry for section 57 insert—
 
 
“section 58 (collection of information)
 
 
section 58A (eliciting, publishing or communicating information
 
 
about members of armed forces etc)
 
 
section 58B (entering or remaining in a designated area)”.
35
 
(3)
In paragraph 31 (offences under the Anti-terrorism, Crime and Security Act
 
 
2001), after the entry for section 50 insert—
 
 
“section 67 (security of pathogens and toxins)
 

Page 182

 
section 79 (disclosures relating to nuclear security)”.
 
 
(4)
In paragraph 35 (offences under the Terrorism Act 2006)—
 
 
(a)
before the entry for section 5 insert—
 
 
“section 1 (encouragement of terrorism)
 
 
section 2 (dissemination of terrorist publications)”;
5
 
(b)
after the entry for section 6 insert—
 
 
“section 8 (attendance at a place used for terrorist training)”.
 
 
(5)
After paragraph 35 insert—
 
 
“Counter-Terrorism Act 2008 (c.28)
 
 
35ZA
An offence under section 54 of the Counter-Terrorism Act 2008
10
 
(offences relating to notification).
 
 
Terrorism Prevention and Investigation Measures Act 2011 (c. 23)
 
 
35ZB
An offence under section 23 of the Terrorism Prevention and
 
 
Investigation Measures Act 2011 (contravention of terrorism
 
 
prevention and investigation measures notice).
15
 
Counter-Terrorism and Security Act 2015 (c. 6)
 
 
35ZC
An offence under section 10 of the Counter-Terrorism and Security
 
 
Act 2015 (breach of temporary exclusion order or notice).”
 
 
(6)
The amendments made by this section do not apply in relation to an offence
 
 
committed before this section comes into force.
20

Part 15

 

Miscellaneous and general

 

International law enforcement data-sharing agreements

 
 
162
Implementation of international law enforcement information-sharing
 

agreements

25
 
(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.
30
 
(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).
 

Page 183

 
(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
5
 
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 163 ;
 
 
“the data protection legislation” has the same meaning as in the Data
10
 
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;
15
 
“personal data” and “processing” have the same meanings as in the Data
 
 
Protection Act 2018 (see section 3(2) and (4) of that Act).
 
163
Meaning of “appropriate national authority”
 
 
(1)
In section 162 , “appropriate national authority” means the Secretary of State,
 
 
subject as follows.
20
 
(2)
The Scottish Ministers are also an appropriate national authority in relation
 
 
to regulations under section 162 which contain only provision which would
 
 
be within the legislative competence of the Scottish Parliament if contained
 
 
in an Act of that Parliament.
 
 
(3)
The Department of Justice in Northern Ireland is also an appropriate national
25
 
authority in relation to regulations under section 162 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
30
 
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 162 which contain only provision which would be
 
 
within the legislative competence of Senedd Cymru if contained in an Act of
35
 
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 162 so far as that
 
 
provision, if contained in an Act of Senedd Cymru, would require the consent
40
 
of a Minister of the Crown.
 

Page 184

 
(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
5
 
“(xiv)
section 162 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.
 
164
Consultation with devolved authorities about regulations under section
 
 
(1)
Before making regulations under section 162 , the Secretary of State must
10
 
consult—
 
 
(a)
the Scottish Ministers about any provision in the regulations which
 
 
could be made by those Ministers by virtue of section 163 (2) ;
 
 
(b)
the Department of Justice in Northern Ireland about any provision in
 
 
the regulations which could be made by that Department by virtue
15
 
of section 163 (3) ;
 
 
(c)
the Welsh Ministers about any provision in the regulations which
 
 
could be made by those Ministers by virtue of section 163 (4) (ignoring
 
 
any requirement for the consent of a Minister of the Crown under
 
 
section 163 (5) ).
20

Criminal liability of bodies and partnerships

 
 
165
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
25
 
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
30
 
(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—
35
 
(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;
 

Page 185

 
“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
5
 
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
10
 
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
15
 
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
20
 
(b)
the following provisions apply as they apply in relation to a body
 
 
corporate—
 
 
(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
25
 
(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
30
 
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
35
 
subsections (8) and (9);
 
 
(c)
Schedule 12.
 

General

 
166
Powers to make consequential amendments etc
 
 
(1)
The Secretary of State may by regulations make such provision as the Secretary
40
 
of State considers appropriate in consequence of this Act.
 

Page 186

 
(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
5
 
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
10
 
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 ;
15
 
(c)
sections 94 to 96 ;
 
 
(d)
section 127 (2) and Schedule 16 .
 
 
(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
20
 
(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.
25
167
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.
30
 
(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—
35
 
(a)
regulations under section 55 (1) , 75 , 104 , 107 or 112 ;
 
 
(b)
regulations under section 166 (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.
40

Page 187

 
(5)
This section does not apply to regulations under section 143 (3) .
 
 
(6)
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;
5
 
“regulations” means regulations under any provision of this Act except
 
 
section 170 .
 
 
168
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
10
 
subject to the affirmative procedure—
 
 
(a)
regulations under section 55 (2) ;
 
 
(b)
regulations under section 166 (3) that amend primary legislation.
 
 
(2)
Any other regulations made by the Scottish Ministers under this Act are
 
 
subject to the negative procedure.
15
 
(3)
For the meaning of “affirmative procedure” and “negative procedure”, see
 
 
Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp
 
 
10).
 
 
(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
20
 
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 55 (3) ;
25
 
(b)
regulations under section 166 (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
30
 
instrument.
 
 
(8)
A statutory instrument containing regulations made by the Welsh Ministers
 
 
under section 162 is subject to annulment in pursuance of a resolution of
 
 
Senedd Cymru.
 
 
(9)
In this section “primary legislation” has the meaning given by section 167 .
35
169
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—
 

Page 188

 
(a)
Chapter 1 of Part 2
 
 
(b)
section 28 ;
 
 
(c)
Chapter 2 of Part 4 ;
 
 
(d)
sections 59 to 62 (except section 62 (6) );
 
 
(e)
section 65 ;
5
 
(f)
section 76 ;
 
 
(g)
section 80 ;
 
 
(h)
section 82 ;
 
 
(i)
section 84 ;
 
 
(j)
section 87 (1) ;
10
 
(k)
section 89 ;
 
 
(l)
Part 8 (except section 101 (3) );
 
 
(m)
section 117 and Schedule 13 ;
 
 
(n)
section 119 ;
 
 
(o)
section 128 (2) ;
15
 
(p)
Part 14 (except section 160 and Schedule 18 );
 
 
(q)
this Part.
 
 
(3)
Sections 81 (1) and 87 (2) extend to England and Wales and Scotland.
 
 
(4)
Sections 58 (1) to (4) , 94 (1) , 95 and 96 (1) to (5) extend to England and Wales
 
 
and Northern Ireland.
20
 
(5)
Section 83 extends to Scotland and Northern Ireland.
 
 
(6)
Sections 127 (2) and 160 extend to Northern Ireland.
 
 
(7)
Any amendment made by the following has the same extent as the provision
 
 
amended—
 
 
(a)
section 26 (1) or (3) (and section 26 (4) has effect accordingly);
25
 
(b)
section 30 ;
 
 
(c)
section 56 ;
 
 
(d)
section 58 (5) and (6) ;
 
 
(e)
section 81 (2) ;
 
 
(f)
section 86 ;
30
 
(g)
section 88 ;
 
 
(h)
section 97 ;
 
 
(i)
section 99 ;
 
 
(j)
section 101 (3) ;
 
 
(k)
section 120 ;
35
 
(l)
section 128 (1) ;
 
 
(m)
Schedule 10 ;
 
 
(n)
Schedule 15 or 16 ;
 
 
(o)
Schedule 18 .
 

Page 189

 
(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.
5
 
(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,
10
 
(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.
 
170
Commencement
15
 
(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 52 and 65 ;
20
 
(b)
sections 120 and 121 , for the purposes of making regulations;
 
 
(c)
section 138 , for the purposes of making rules;
 
 
(d)
this Part except section 165 .
 
 
(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—
25
 
(a)
section 64 ;
 
 
(b)
sections 128 to 130 ;
 
 
(c)
sections 134 to 137 ;
 
 
(d)
section 156 ;
 
 
(e)
sections 159 to 161 ;
30
 
(f)
section 165 ;
 
 
(g)
Schedule 18 .
 
 
(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
35
 
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 87 (2) ) comes into force—
 

Page 190

 
(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
5
 
Northern Ireland may by order appoint—
 
 
(a)
sections 94 to 96 so far as extending to Northern Ireland;
 
 
(b)
section 127 (2) and Schedule 16 .
 
 
(9)
An order under subsection (7) or (8) may make—
 
 
(a)
transitional or saving provision;
10
 
(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
15
 
statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order
 
 
1979 (S.I. 1979/1573 (N.I. 12)).
 
171
Commencement: consultation requirements
 
 
(1)
Before making regulations under section 170 (1) appointing a day on which
 
 
any provision of Chapter 2 or 3 of Part 4 , or section 87 (1) , comes into force,
20
 
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 170 (7) (a) appointing a day on which
 
 
section 87 (1) comes into force, the Scottish Ministers must consult—
25
 
(a)
the Secretary of State, and
 
 
(b)
the Department of Justice in Northern Ireland.
 
 
(3)
Before making an order under section 170 (7) (b) appointing a day on which
 
 
section 87 (1) comes into force, the Department of Justice in Northern Ireland
 
 
must consult—
30
 
(a)
the Secretary of State, and
 
 
(b)
the Scottish Ministers.
 
172
Short title
 
 
This Act may be cited as the Crime and Policing Act 2025.
 

Page 191

Schedules

 
 
Schedule 1
Section 2
 

Youth injunctions, housing injunctions and consequential amendments

 

Part 1

 

Amendments of the Anti-social Behaviour, Crime and Policing Act 2014

5
 
1
The Anti-social Behaviour, Crime and Policing Act 2014 is amended as set
 
 
out in this Part.
 
 
2
(1)
Section 1 (power to grant injunctions) is amended as follows.
 
 
(2)
In the heading, after “grant” insert “youth”.
 
 
(3)
In subsection (1) —
10
 
(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—
15
 
“(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”
20
 
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,
25
 
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
30
 
court.”
 
 
(10)
At the end insert—
 
 
“(9)
In this Part, anti-social behaviour means—
 

Page 192

 
(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 ).”
 
 
3
After section 1 insert—
 
“1A
Power to grant housing injunctions
5
 
(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
10
 
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
15
 
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.
20
 
(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;
25
 
(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.
30
 
(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).
35
 
(9)
A court may treat an application for a housing injunction as an
 
 
application under section A1 (power to make respect orders) for an
 
 
order under that section.”
 
 
4
(1)
Section 2 (meaning of “anti-social behaviour”) is amended as follows.
 

Page 193

 
(2)
In the heading, for ““anti-social behaviour”” substitute ““housing-related
 
 
anti-social conduct””.
 
 
(3)
In subsection (1) —
 
 
(a)
for ““anti-social behaviour”” substitute ““housing-related anti-social
 
 
conduct””;
5
 
(b)
omit paragraph (a) .
 
 
(4)
In subsection (2) , for “section 1” substitute “this Part”.
 
 
5
In section 3 (requirements included in injunctions), for “section 1”, in both
 
 
places it occurs, substitute “this Part”.
 
 
6
(1)
Section 4 (power of arrest) is amended as follows.
10
 
(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—
15
 
“(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.”
 
 
7
(1)
Section 5 (applications for injunctions) is amended as follows.
20
 
(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;
25
 
(b)
in relation to a housing injunction, housing-related anti-social
 
 
conduct.”
 
 
8
In section 6 (applications without notice), in subsection (1) , for “section 1”
 
 
substitute “this Part”.
 
 
9
In section 7 (interim injunctions)—
30
 
(a)
in subsection (1), for “section 1” substitute “this Part”;
 
 
(b)
in subsection (2), for “that section” substitute “this Part”.
 
 
10
(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—
35
 
“(2)
In subsection (1) “the court” means that court that granted the
 
 
injunction.”
 

Page 194

 
11
(1)
Section 9 (arrest without warrant) is amended as follows.
 
 
(2)
In subsection (1) , for “section 1” substitute “this Part”.
 
 
(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
5
 
(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)”.
10
 
(5)
In subsection (6) , for “(c)” substitute “ (b) ”.
 
 
12
(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—
15
 
(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.”
20
 
(4)
In subsection (6)—
 
 
(a)
for “before—” substitute “before the youth court that granted the
 
 
injunction”;
 
 
(b)
omit paragraphs (a) and (b).
 
 
13
In section 12 (powers in respect of under-18s), before “injunctions” insert
25
 
“youth”.
 
 
14
(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”.
30
 
(3)
Omit paragraph (a) .
 
 
(4)
In paragraph (c) (i) , for “anti-social behaviour” substitute “housing-related
 
 
anti-social conduct”.
 
 
15
Before section 14 (but after the italic heading before that clause) insert—
 
“13A
Requirement to carry out risk assessment
35
 
(1)
A person applying for an injunction under this Part must before
 
 
doing so carry out a risk assessment in relation to the application.
 

Page 195

 
(2)
A risk assessment, in relation to an application for an injunction
 
 
under this Part, is an assessment of—
 
 
(a)
the risk of any person being caused nuisance or annoyance
 
 
in relation to their occupation of residential premises by the
 
 
respondent’s conduct,
5
 
(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
10
 
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 .
15
 
(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.”
20
 
16
(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) —
25
 
(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
30
 
other).”
 
 
(3)
In subsection (2) —
 
 
(a)
in paragraph (a) , at the beginning insert “in the case of a youth
 
 
injunction,”;
 
 
(b)
in paragraph (b) —
35
 
(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 the words before paragraph (a), for “section 1” substitute “this
40
 
Part”;
 

Page 196

 
(b)
in paragraph (a) , at the beginning insert “in the case of a youth
 
 
injunction,”;
 
 
(c)
in paragraph (b) —
 
 
(i)
at the beginning insert “in any case,”;
 
 
(ii)
for “other” substitute “(or, where paragraph (b) applies, any
5
 
other)”.
 
 
17
(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
10
 
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
15
 
“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)”.
20
 
18
In section 19 (guidance), in subsection (1) , for “section 1” substitute “this
 
 
Part”.
 
 
19
(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) ”.
25
 
(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
30
 
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;”
35
 
“ “respect order” means an order under section A1;
 
 
““youth injunction” means an injunction under section 1.”
 

Page 197

 
20
In section 101 (the community remedy document), in subsection (9), for
 
 
the definition of “anti-social behaviour” substitute—
 
 
““anti-social behaviour” means—
 
 
(a)
conduct that has caused, or is likely to cause, harassment,
 
 
alarm or distress to any person, or
5
 
(b)
housing-related anti-social conduct as defined by section 2
 
 
(ignoring subsection (2) of that section);”.
 
 
21
(1)
Section 102 (anti-social behaviour etc: out-of-court disposals) is amended
 
 
as follows.
 
 
(2)
In subsection (1), in paragraph (c), for “an injunction under section 1”
10
 
substitute “a respect order under section A1 or an injunction under Part
 
 
1”.
 
 
(3)
In subsection (6), for the definition of “anti-social behaviour” substitute—
 
 
““anti-social behaviour” means—
 
 
(a)
conduct that has caused, or is likely to cause, harassment,
15
 
alarm or distress to any person, or
 
 
(b)
housing-related anti-social conduct, as defined by section 2
 
 
(ignoring subsection (2) of that section);”.
 
 
22
(1)
Schedule 2 (breach of injunctions: powers of court in respect of under-18s)
 
 
is amended as follows.
20
 
(2)
In the heading, before “injunctions” insert “youth”.
 
 
(3)
In paragraph 1(1), for “an injunction under section 1” substitute “a youth
 
 
injunction”.
 

Part 2

 

Consequential amendments of other Acts

25

Housing Act 1985 (c. 68)

 
 
23
(1)
Section 84A of the Housing Act 1985 (absolute ground for possession for
 
 
anti-social behaviour) is amended as follows.
 
 
(2)
In subsection (4)—
 
 
(a)
for “section 1” substitute “Part 1”;
30
 
(b)
after “2014” insert “or a respect order”.
 
 
(3)
In subsection (9), for the definition of “relevant proceedings”, substitute—
 
 
““relevant proceedings” means—
 
 
(a)
proceedings for an offence under section I1 of the Anti-social
 
 
Behaviour, Crime and Policing Act 2014,
35
 
(b)
proceedings under Schedule 2 to that Act, or
 
 
(c)
proceedings for contempt of court;
 

Page 198

 
“respect order” means an order under section A1 of the Anti-social
 
 
Behaviour, Crime and Policing Act 2014;”.
 
 
24
In Schedule 3 to that Act (grounds for withholding consent to assignment
 
 
by way of exchange), in Ground 2A, in the definition of “relevant order”,
 
 
for “an injunction under section 1 of the Anti-social Behaviour, Crime and
5
 
Policing Act 2014” substitute—
 
 
“a respect order under section A1 of the Anti-social Behaviour,
 
 
Crime and Policing Act 2014;
 
 
an injunction under Part 1 of that Act;”
 

Housing Act 1988 (c. 50)

10
 
25
(1)
In Part 1 of Schedule 2 to the Housing Act 1988 (grounds on which court
 
 
must order possession of dwelling-houses let on assured tenancies), Ground
 
 
7A is amended as follows.
 
 
(2)
In condition 2, in the words before paragraph (a)—
 
 
(a)
for “section 1” substitute “Part 1”;
15
 
(b)
after “2014” insert “or a respect order”.
 
 
(3)
In the list of definitions for the purposes of Ground 7A, for the definition
 
 
of “relevant proceedings” substitute—
 
 
““relevant proceedings” means—
 
 
(a)
proceedings for an offence under section I1 of the Anti-social
20
 
Behaviour, Crime and Policing Act 2014,
 
 
(b)
proceedings under Schedule 2 to that Act, or
 
 
(c)
proceedings for contempt of court;
 
 
“respect order” means an order under section A1 of the Anti-social
 
 
Behaviour, Crime and Policing Act 2014;”.
25

Police Reform Act 2002 (c. 30)

 
 
26
In section 50 of the Police Reform Act 2002 (persons engaging in anti-social
 
 
behaviour), for subsection (1A) substitute—
 
 
“(1A)
In subsection (1) “anti-social behaviour” means—
 
 
(a)
conduct that has caused, or is likely to cause, harassment,
30
 
alarm or distress to any person, or
 
 
(b)
housing-related anti-social conduct, as defined by section 2
 
 
of the Anti-social Behaviour, Crime and Policing Act 2014
 
 
(ignoring subsection (2) of that section).”
 

Localism Act 2011 (c. 20)

35
 
27
In Schedule 14 to the Localism Act 2011 (grounds on which landlord may
 
 
refuse to surrender and grant tenancies under section 158), in paragraph
 
 
6(4), in the definition of “relevant order”—
 

Page 199

 
(a)
after paragraph (e) insert—
 
 
“(ea)
a respect order under section A1 of the Anti-social
 
 
Behaviour, Crime and Policing Act 2014,”;
 
 
(b)
in paragraph (f), for “section 1 of the Anti-social Behaviour, Crime
 
 
and Policing Act 2014” substitute “Part 1 of that Act”.
5
 
Schedule 2
Section 5
 

Closure of premises by registered social housing provider

 
 
1
The Anti-social Behaviour, Crime and Policing Act 2014 is amended as
 
 
follows.
 
 
2
In section 76 (power to issue closure notices)—
10
 
(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—
15
 
“(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”;
20
 
(ii)
for “or authority” substitute “, authority or provider”.
 
 
3
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
25
 
“(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) —
30
 
(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
35
 
is part of the provider’s senior management.”;
 

Page 200

 
(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
5
 
substantial part of the activities of the provider which
 
 
relate to social housing are to be managed or
 
 
organised, or
 
 
(b)
the management or organisation of the whole or a
 
 
substantial part of such activities.”
10
 
4
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
15
 
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
20
 
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—
25
 
“(d)
in the case of a closure notice issued by an RSH
 
 
provider, that provider.”
 
 
5
In section 79 (service of notices)—
 
 
(a)
in subsection (1) , after paragraph (b) insert “;
 
 
“(c)
a representative of the provider that issued the notice,
30
 
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—
35
 
(a)
an employee of the provider, or
 
 
(b)
a person, or employee of a person, acting on behalf
 
 
of the provider.”
 

Page 201

 
6
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.”
 
 
7
In section 82 (extension of closure orders)—
5
 
(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) —
 
 
(i)
for “or local authority” substitute “, local authority or RSH
10
 
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—
15
 
“(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
20
 
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.
25
 
An RSH provider is “relevant” if it owns or manages the
 
 
premises.”
 
 
8
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
30
 
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
35
 
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
40
 
requiring it to appear before the magistrates’ court to
 
 
respond to the application.
 

Page 202

 
(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)
5
 
(other than the complainant).”
 
 
9
In section 84 (appeals), after subsection (3) insert—
 
 
“(3A)
An RSH provider may appeal against—
 
 
(a)
a decision not to make a closure order applied for by that
 
 
provider;
10
 
(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.”
 
 
10
In section 85 (enforcement of closure orders), in subsection (2) , after
15
 
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.”
 
 
11
In section 87 (access to other premises), in subsection (3) , after paragraph
 
 
(b) —
20
 
“(ba)
the RSH provider, in a case where that RSH provider owns
 
 
or manages the premises;”.
 
 
12
In section 88 (reimbursement of costs)—
 
 
(a)
in subsection (1) , for “or a local authority” substitute “, a local
 
 
authority or an RSH provider”;
25
 
(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—
30
 
“(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.”
 
 
13
In section 89 (exemption from liability)—
35
 
(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,
40

Page 203

 
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)”.
5
 
14
In section 91 (guidance), in subsection (1) (b) , after “authorities” insert “and
 
 
RSH providers”.
 
 
15
In section 92 (interpretation)—
 
 
(a)
in subsection (1) , insert at the appropriate place—
 
 
““registered social housing provider” (or “RSH provider”)
10
 
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
15
 
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
20
 
in possession) entitled to dispose of the fee simple
 
 
in the premises, whether in possession or in reversion,
 
 
or
 
 
(b)
the provider is a person who holds or is entitled to
 
 
the rents and profits of the premises under a lease
25
 
that (when granted) was for a term of at least 3
 
 
years.”
 

Page 204

 
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
5

LPB case reviews: supplementary provision

 

Part 1

 

Making and revising LPB review procedures

 

Consultation: relevant bodies

 
 
1
In making and revising its LPB review procedures, the local policing body
10
 
for a police area must consult the relevant bodies for each local government
 
 
area all or part of which falls within the police area.
 

Consultation: local providers of social housing

 
 
2
(1)
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
15
 
as it considers appropriate.
 
 
(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.
20

Dissatisfaction with LPB case reviews

 
 
3
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
25
 
(b)
carried out an LPB case review.
 

Assessment and revision of LPB review procedures

 
 
4
The LPB review procedures must include provision about—
 
 
(a)
the assessment of the effectiveness of those procedures, and
 
 
(b)
the revision of those procedures.
30

Page 205

Part 2

 

LPB case reviews

 

Consultation and co-operation: local providers of social housing

 
 
5
(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
5
 
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

10
 
6
(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)
15
 
) 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
20
 
does not breach—
 
 
(a)
any obligation of confidence owed by the person making the
 
 
disclosure, or
 
 
(b)
any other restriction on the disclosure of information (however
 
 
imposed).
25
 
(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
30
 
(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).
 

Page 206

Part 3

 

Effect of joint review procedures

 
 
7
(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.
5
 
(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—
10
 
(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
15
 
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

20
 
8
LPB review procedures may make different provision in relation to different
 
 
parts of a police area.
 

Duty to promote awareness of LPB case reviews

 
 
9
A local policing body must, in such manner as it thinks appropriate,
 
 
promote awareness of—
25
 
(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

 
 
10
A local policing body must have regard to guidance issued by the Secretary
30
 
of State in exercising functions under section 104A, Schedule 4 or this
 
 
Schedule.”
 

Page 207

 
Schedule 4
Section 16
 

Civil penalties for service providers and content managers

 

Introduction

 
 
1
In this Schedule—
 
 
“penalty notice” means a penalty notice under section 16 or 21 ;
5
 
“relevant officer” —
 
 
(a)
in relation to a penalty notice under section 16 , means the
 
 
coordinating officer;
 
 
(b)
in relation to a penalty notice under section 21 , means the
 
 
senior authorised officer of the issuing force who proposes
10
 
to give the notice;
 
 
“respondent” —
 
 
(a)
in relation to a penalty notice under section 16 , means the
 
 
service provider to which the notice is to be given;
 
 
(b)
in relation to a penalty notice under section 21 , means the
15
 
service provider to which, or the content manager to whom,
 
 
the notice is to be given.
 

Notice of intent to issue penalty

 
 
2
(1)
The relevant officer may give a penalty notice only after—
 
 
(a)
the officer has given the respondent a notice of intent,
20
 
(b)
the period for the respondent to make representations in accordance
 
 
with the notice of intent has expired, and
 
 
(c)
the officer has considered such representations (if any).
 
 
(2)
A “notice of intent” is a notice—
 
 
(a)
specifying that the relevant officer proposes to give a penalty notice,
25
 
the officer’s reasons for doing so and the proposed amount of the
 
 
penalty,
 
 
(b)
inviting the respondent to make representations to the officer about
 
 
the proposal, and
 
 
(c)
specifying the means by which, and the period within which, any
30
 
representations must be made.
 
 
(3)
The period specified under sub-paragraph (2) (c) must be at least 28 days
 
 
beginning with the day on which the notice of intent is given.
 

Contents of a penalty notice

 
 
3
(1)
A penalty notice must—
35
 
(a)
give reasons for the imposition of the penalty;
 
 
(b)
specify the amount of the penalty and how it is to be paid;
 
 
(c)
specify the period within which the penalty must be paid;
 

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(d)
contain details of the right of appeal against the penalty (see
 
 
paragraph 6 );
 
 
(e)
set out the consequences of not paying the penalty.
 
 
(2)
The period specified under sub-paragraph (1) (c) must be at least 28 days
 
 
beginning with the day on which the penalty notice is given.
5

Withdrawal of notice of intent or penalty notice

 
 
4
The relevant officer may at any time withdraw a notice of intent or penalty
 
 
notice by giving notice to that effect to the respondent.
 

Excuse for non-compliance with content removal notice requirements

 
 
5
(1)
This paragraph applies where a penalty notice is given under section 21 .
10
 
(2)
The respondent is excused from paying the penalty if the respondent shows
 
 
that they took all reasonable steps to comply with the content removal
 
 
notice or (as the case may be) decision notice.
 
 
(3)
A penalty notice under section 21 (or a notice of intent) may be given
 
 
without the relevant officer having established whether sub-paragraph (2)
15
 
applies in respect of the respondent.
 

Appeal

 
 
6
(1)
The respondent may appeal to the court against a decision to give a penalty
 
 
notice.
 
 
(2)
The grounds for appeal are—
20
 
(a)
that the decision was based on an error of fact;
 
 
(b)
that the decision was wrong in law;
 
 
(c)
that the amount of the penalty was unreasonable;
 
 
(d)
in a case to which paragraph 5 applies, that the respondent is
 
 
excused from payment by virtue of sub-paragraph (2) of that
25
 
paragraph ;
 
 
(e)
any other reason.
 
 
(3)
Any appeal must be brought before the end of the period of 28 days
 
 
beginning with the day on which the penalty notice was given.
 
 
(4)
The court may—
30
 
(a)
allow the appeal and cancel the penalty,
 
 
(b)
allow the appeal and reduce the amount of the penalty, or
 
 
(c)
dismiss the appeal.
 
 
(5)
An appeal is to be a re-hearing of the relevant officer’s decision to impose
 
 
the penalty and is to be determined having regard to any matter which
35
 
the court considers relevant (which may include matters of which the officer
 
 
was unaware).
 

Page 209

 
(6)
Sub-paragraph (5) has effect despite any provision of rules of court.
 
 
(7)
In this paragraph “the court” means—
 
 
(a)
the county court, if the appeal relates to a penalty notice given to—
 
 
(i)
a content manager who is habitually resident in England
 
 
and Wales,
5
 
(ii)
a service provider where the provider’s registered office, or
 
 
principal office in the United Kingdom, is in England and
 
 
Wales, or
 
 
(iii)
a service provider where the provider has no office in the
 
 
United Kingdom;
10
 
(b)
a sheriff or summary sheriff, if the appeal relates to a penalty notice
 
 
given to—
 
 
(i)
a content manager who is habitually resident in Scotland,
 
 
or
 
 
(ii)
a service provider where the provider’s registered office, or
15
 
principal office in the United Kingdom, is in Scotland;
 
 
(c)
a county court in Northern Ireland, if the appeal relates to a penalty
 
 
notice given to—
 
 
(i)
a content manager who is habitually resident in Northern
 
 
Ireland, or
20
 
(ii)
a service provider where the provider’s registered office, or
 
 
principal office in the United Kingdom, is in Northern
 
 
Ireland.
 

Enforcement etc

 
 
7
(1)
A sum payable as a penalty under section 16 may be recovered as a debt
25
 
due—
 
 
(a)
if the coordinating officer is a member of a relevant police force, to
 
 
the chief officer of that force, or
 
 
(b)
if the coordinating officer is a National Crime Agency officer, to the
 
 
Secretary of State.
30
 
(2)
A sum payable as a penalty under section 21 may be recovered as a debt
 
 
due to—
 
 
(a)
the chief officer of the issuing force, or
 
 
(b)
if the issuing force is the National Crime Agency, to the Secretary
 
 
of State.
35
 
(3)
An amount paid by way of a penalty under section 16 or 21 must be paid
 
 
into the Consolidated Fund.
 

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Schedule 5
Section 51
 

CCE prevention orders on conviction

 
 
1
In Part 11 of the Sentencing Code, after Chapter 2 insert—
 

Chapter 2A

 

Child criminal exploitation prevention orders

5

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
10
 
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
15
 
(b)
the offence is an offence under section 38 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.
20
 
(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
25
 
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.
30
 
(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—
 

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(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).
5
 
(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—
10
 
(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
15
 
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
20
 
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
25
 
offender who is already subject to such an order, the earlier order
 
 
ceases to have effect.
 
358C
Notification requirements
 
 
(1)
This section applies where a CCE prevention order requires the
 
 
offender to comply with this section.
30
 
(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
35
 
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—
 

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(a)
uses a name which has not been notified under the order,
 
 
or
 
 
(b)
changes home address,
 
 
the offender must notify, to the police, the new name or the new
 
 
home address.
5
 
(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—
10
 
(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
15
 
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
20
 
(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
25
 
(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,
 
 
(b)
serving a sentence of imprisonment or a term of service
30
 
detention,
 
 
(c)
detained in a hospital, or
 
 
(d)
outside the United Kingdom.
 

Procedure

 
358D
Procedural powers
35
 
(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.
 

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(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.
5
 
(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.
10
 
(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—
15
 
(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.
20
 
(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
25
 
prevention order.
 
 
(2)
The persons are—
 
 
(a)
the offender;
 
 
(b)
the chief officer of police for the police area in which the
 
 
offender lives;
30
 
(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
35
 
court considers appropriate.
 
 
This is subject to subsection (7).
 
 
(4)
The power to vary an order includes power to—
 

Page 214

 
(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
5
 
(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.
10
 
(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
15
 
(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;
20
 
(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—
25
 
(a)
the person who made the application;
 
 
(b)
the offender;
 
 
(c)
the chief officer of police for the police area in which the
 
 
offender lives;
 
 
(d)
a chief officer of police who believes that the offender is in,
30
 
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.
35
 
(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
 

Page 215

 
(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
5
 
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);
10
 
(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.
15
 
(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.
20
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
25
 
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);
30
 
(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 ;
35

Page 216

 
“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
5
 
(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.
10
 
(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
15
 
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
20
 
oral or written evidence at the hearing.”
 
 
Schedule 6
Section 53
 

Control over another’s home for criminal purposes: relevant offences

 

Part 1

 

England and Wales

25
 
1
An offence under section 33 or 33A of the Sexual Offences Act 1956 (keeping
 
 
a brothel).
 
 
2
An offence under section 1 of the Restriction of Offensive Weapons Act
 
 
1959 (offences relating to flick knives and gravity knives).
 
 
3
An offence under any of the following provisions of the Firearms Act 1968 —
30
 
(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);
35
 
(d)
section 5 (1) , (1A) or (2A) (possession, manufacture etc of prohibited
 
 
weapons).
 

Page 217

 
4
An offence under either of the following provisions of the Theft Act 1968 —
 
 
(a)
section 1 (theft);
 
 
(b)
section 22 (handling stolen goods).
 
 
5
An offence under any of the following provisions of the Misuse of Drugs
 
 
Act 1971 —
5
 
(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).
 
 
6
An offence under section 1 of the Protection of Children Act 1978 (indecent
10
 
photographs of children).
 
 
7
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).
15
 
8
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
20
 
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).
25
 
9
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).
 
 
10
An offence under section 28 of the Violent Crime Reduction Act 2006 (using
30
 
someone to mind a weapon).
 
 
11
An offence under section 63 of the Criminal Justice and Immigration Act
 
 
2008 (possession of extreme pornographic image).
 
 
12
An offence under section 62 of the Coroners and Justice Act 2009 (possession
 
 
of prohibited image of child).
35
 
13
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).
 

Page 218

 
14
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).
 
 
15
An offence under any of the following provisions of the Psychoactive
5
 
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).
10
 
16
An offence under section 43 of the Border Security, Asylum and Immigration
 
 
Act 2025 (possession etc of article for use in serious crime).
 
 
17
An offence under section 38 of this Act (child criminal exploitation).
 
 
18
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
15
 
Schedule .
 

Part 2

 

Scotland

 
 
19
Theft.
 
 
20
Reset.
20
 
21
Fraud.
 
 
22
Uttering.
 
 
23
Embezzlement.
 
 
24
An offence under section 1 of the Restriction of Offensive Weapons Act
 
 
1959 (offences relating to flick knives and gravity knives).
25
 
25
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
30
 
registered);
 
 
(d)
section 5 (1) , (1A) or (2A) (possession, manufacture etc of prohibited
 
 
weapons).
 
 
26
An offence under any of the following provisions of the Misuse of Drugs
 
 
Act 1971 —
35
 
(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);
 

Page 219

 
(c)
section 6 (2) (cultivation of cannabis plant).
 
 
27
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);
5
 
(c)
section 52A (possession of indecent photographs of children).
 
 
28
An offence under section 141 of the Criminal Justice Act 1988 (offensive
 
 
weapons).
 
 
29
An offence under any of the following provisions of the Criminal Law
 
 
(Consolidation) (Scotland) Act 1995 —
10
 
(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,
15
 
brothel keeping etc);
 
 
(f)
section 13 (living on the earnings of male prostitution).
 
 
30
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);
20
 
(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);
25
 
(e)
section 12 (arranging or facilitating provision by child of sexual
 
 
services or child pornography).
 
 
31
An offence under section 28 of the Violent Crime Reduction Act 2006 (using
 
 
someone to mind a weapon).
 
 
32
An offence under Part 1 (rape, sexual assault etc) or Part 4 (offences against
30
 
children) of the Sexual Offences (Scotland) Act 2009.
 
 
33
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).
35
 
34
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).
 
 
35
An offence under either of the following provisions of the Human
40
 
Trafficking and Exploitation (Scotland) Act 2015 —
 

Page 220

 
(a)
section 1 (offence of human trafficking);
 
 
(b)
section 4 (slavery, servitude and forced or compulsory labour).
 
 
36
An offence under any of the following provisions of the Psychoactive
 
 
Substances Act 2016 —
 
 
(a)
section 4 (producing psychoactive substance);
5
 
(b)
section 5 (supplying etc psychoactive substance);
 
 
(c)
section 7 (possession of psychoactive substance with intent to
 
 
supply).
 
 
37
An offence under section 2 of the Abusive Behaviour and Sexual Harm
 
 
(Scotland) Act 2016 (disclosing or threatening to disclose an intimate
10
 
photograph or film).
 
 
38
An offence under section 43 of the Border Security, Asylum and Immigration
 
 
Act 2025 (possession etc of article for use in serious crime).
 
 
39
Attempting or conspiring to commit an offence specified in this Part of this
 
 
Schedule (a “relevant offence”).
15
 
40
Inciting a person to commit a relevant offence.
 
 
41
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

20
 
42
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).
 
 
43
An offence under any of the following provisions of the Misuse of Drugs
25
 
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).
30
 
44
An offence under Article 3 of the Protection of Children (Northern Ireland)
 
 
Order 1978 (indecent photographs of children).
 
 
45
An offence under section 141 of the Criminal Justice Act 1988 (offensive
 
 
weapons).
 
 
46
An offence under Article 15 of the Criminal Justice (Evidence, Etc.)
35
 
(Northern Ireland) Order 1988 (possession of indecent photograph of child) .
 
 
47
An offence under Article 53 of the Criminal Justice (Northern Ireland)
 
 
Order 1996 (manufacture or sale etc of certain knives).
 

Page 221

 
48
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
5
 
certificate);
 
 
(c)
Article 45 (1) or (2) (weapons subject to general prohibition).
 
 
49
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);
10
 
(c)
section 7 (making or supplying article for use in fraud).
 
 
50
An offence under section 63 of the Criminal Justice and Immigration Act
 
 
2008 (possession of extreme pornographic image).
 
 
51
An offence under any of the following provisions of the Sexual Offences
 
 
(Northern Ireland) Order 2008 —
15
 
(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);
20
 
(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).
 
 
52
An offence under section 62 of the Coroners and Justice Act 2009 (possession
25
 
of prohibited image of child).
 
 
53
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);
30
 
(b)
section 2 (human trafficking).
 
 
54
An offence under section 69 of the Serious Crime Act 2015 (possession of
 
 
paedophile manual).
 
 
55
An offence under any of the following provisions of the Psychoactive
 
 
Substances Act 2016 —
35
 
(a)
section 4 (producing psychoactive substance);
 
 
(b)
section 5 (supplying etc psychoactive substance);
 
 
(c)
section 7 (possession of psychoactive substance with intent to
 
 
supply).
 
 
56
An offence under paragraph 1 of Schedule 2 to the Violent Crime Reduction
40
 
Act 2006 (using someone to mind a weapon).
 

Page 222

 
57
An offence under section 51 of the Justice Act (Northern Ireland) 2016
 
 
(disclosing private sexual photographs and films with intent to cause
 
 
distress).
 
 
58
An offence under section 43 of the Border Security, Asylum and Immigration
 
 
Act 2025 (possession etc of article for use in serious crime).
5
 
59
An attempt or conspiracy to commit an offence mentioned in a preceding
 
 
paragraph of this Part of this Schedule (“a relevant offence”).
 
 
60
An offence under Part 2 of the Serious Crime Act 2007 in relation to a
 
 
relevant offence.
 
 
Schedule 7
Section 59
10

Online facilitation of child sexual exploitation and abuse: specified offences

 

Part 1

 

England and Wales

 
 
1
An offence under any of—
 
 
(a)
section 1 of the Protection of Children Act 1978 (taking etc indecent
15
 
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
20
 
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);
25
 
(vi)
sections 47 to 50 (sexual exploitation of 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).
30
 
2
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
35
 
disorder);
 
 
(c)
sections 61 to 63 (preparatory offences);
 

Page 223

 
(d)
sections 66 to 66B , 67 and 67A (exposure and voyeurism).
 
 
3
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).
5
 
4
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

10
 
5
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
15
 
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)—
20
 
(i)
Part 4 (children);
 
 
(ii)
section 42 (sexual abuse of trust).
 
 
6
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—
25
 
(a)
Part 1 (rape etc);
 
 
(b)
section 46 (sexual abuse of trust of a mentally disordered person).
 
 
7
Attempting or conspiring to commit an offence specified in paragraph 5
 
 
or 6 .
 
 
8
Inciting a person to commit an offence specified in paragraph 5 or 6 .
30
 
9
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

35
 
10
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);
 

Page 224

 
(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))—
5
 
(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);
10
 
(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).
15
 
11
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);
20
 
(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).
 
 
12
An offence under section 2 of the Human Trafficking and Exploitation
25
 
(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).
 
 
13
An attempt or conspiracy to commit an offence specified in paragraph 10 ,
30
 
11 or 12 .
 
 
14
An offence under Part 2 of the Serious Crime Act 2007 in relation to an
 
 
offence specified in paragraph 10 , 11 or 12 .
 

Page 225

 
Schedule 8
Section 66
 

Duty to report child sex offences: child sex offences and further relevant

 

activities

 

Part 1

 

Child sex offences

5
 
1
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);
10
 
(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);
15
 
(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).
 
 
2
An offence under any of the following provisions of the Sexual Offences
20
 
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);
25
 
(c)
sections 61 to 63 (preparatory offences);
 
 
(d)
sections 66 to 67A (exposure and voyeurism).
 
 
3
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
30
 
exploitation).
 
 
4
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 .
 
 
5
An offence under the law of Scotland, Northern Ireland or any country or
35
 
territory outside the United Kingdom which would be an offence referred
 
 
to in a preceding provision of this Part of this Schedule if the conduct
 
 
constituting the offence occurred in England and Wales.
 

Page 226

Part 2

 

Further relevant activities

 
 
6
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,
5
 
or
 
 
(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.
 
 
7
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
10
 
unsupervised contact with the child concerned in the course of those
 
 
activities.
 
 
8
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
15
 
of those activities.
 
 
9
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.
 
 
10
Activities of a person in connection with providing a child with, or
20
 
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.
 
 
11
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
25
 
looking after the child on an individual basis when so acting.
 
 
12
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.
30
 
13
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.
 
 
14
Activities of a person so far as acting as—
35
 
(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),
 
 
(c)
a guardian ad litem of a child appointed under rule 9.5 of the Family
40
 
Proceedings Rules 1991 (S.I. 1991/1247), or
 

Page 227

 
(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.
5
 
15
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
10
 
those activities.
 
 
16
Activities of a constable of a relevant police force carried out in connection
 
 
with their holding of that office.
 
 
17
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
15
 
unsupervised contact with the child in the course of those activities.
 
 
18
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
20
 
(b)
in the course of the person’s involvement, the person has regular
 
 
unsupervised contact with the child.
 
 
19
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
25
 
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,
30
 
(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 228

 
Schedule 9
Section 77
 

Offences relating to intimate photographs or films and voyeurism

 

Part 1

 

Amendments of the Sexual Offences Act 2003

 
 
1
The Sexual Offences Act 2003 is amended as follows.
5
 
2
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,
10
 
(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
15
 
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.
20
 
(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,
25
 
(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
30
 
(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
35
 
maximum term for summary offences or a fine (or both).
 

Page 229

 
(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);
5
 
(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
10
 
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.
15
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
20
 
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
25
 
(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
30
 
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
35
 
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
40
 
(c)
the photograph or film is taken or recorded—
 

Page 230

 
(i)
by a healthcare professional acting in that capacity,
 
 
or
 
 
(ii)
otherwise in connection with the care or treatment
 
 
of B by a healthcare professional.
 
 
(4)
A person (A) who takes a photograph, or records a film, which
5
 
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
10
 
(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
15
 
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) .
20
 
(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
25
 
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
30
 
(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
35
 
offence under subsection (1) as a magistrates’ court would have on
 
 
convicting the person of the offence.”
 
 
3
(1)
Section 66B (sharing or threatening to share intimate photograph or film)
 
 
is amended as follows.
 

Page 231

 
(2)
After subsection (5) insert—
 
 
“(5A)
Section 76 applies to an offence under subsection (1), (2) or (3).”
 
 
(3)
Omit subsections (6) and (11).
 
 
4
In section 66C (sharing or threatening to share intimate photograph or film:
 
 
exemptions)—
5
 
(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”.
10
 
5
(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.
15
 
(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
20
 
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) .”
25
 
(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
30
 
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.”
35
 
(5)
For the heading, substitute “Sections 66AA to 66C: interpretation”.
 
 
6
In section 67 (voyeurism), omit subsection (3).
 
 
7
In section 67A (voyeurism: additional offences)—
 
 
(a)
omit subsection (2), and
 

Page 232

 
(b)
after subsection (3B) insert—
 
 
“(3C)
Section 76 applies to an offence under subsection (2B).”
 
 
8
(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”.
5
 
(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)
10
 
complainant”) in an intimate state.
10
 
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
15
 
The defendant recording an image of
15
 
67A(2B) (voyeurism: recording
 
 
another (“the complainant”) while the
 
 
image of person breast-feeding
 
 
complainant is breast-feeding a child.”
 
 
a child)
 
 
9
In section 78 (meaning of “sexual”), for “66B” substitute “ 66AA ”.
 
 
10
In section 79 (Part 1: general interpretation), after subsection (10) insert—
20
 
“(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;
25
 
(b)
if the offence is committed after that time, 51 weeks.”
 
 
11
In section 136A(3A) (specified child sex offences), in paragraph (c), after
 
 
“66A,” insert “ 66AA (2) and (3) , 66AC (2) ,”.
 
 
12
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)
30
 
, and 66B(2), (3) and (4)”.
 
 
13
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
35
 
gratification) if—
 

Page 233

 
(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
5
 
(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
10
 
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
15
 
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—
20
 
(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
25
 
(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
30
 
sentence of at least 12 months.”
 

Part 2

 

Further amendments in connection with offences

 

Children and Young Persons Act 1933 (c. 12)

 
 
14
In Schedule 1 to the Children and Young Persons Act 1933 (offences against
35
 
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 234

Police and Criminal Evidence Act 1984 (c. 60)

 
 
15
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)

5
 
16
(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,
10
 
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
15
 
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
20
 
relating to exposure, voyeurism and intimate photographs or films)”.
 

Armed Forces Act 2006 (c. 52)

 
 
17
In the Armed Forces Act 2006, after section 177D insert—
 
 
“177DZA
Photographs and films to be treated as used for purpose of
 
 
certain offences
25
 
(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).
30
 
(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).”
35

Page 235

Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)

 
 
18
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
5
 
(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)

 
 
19
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
10
 
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)
15
 
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

20
 
20
(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
25
 
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
30
 
(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
35
 
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 236

 
(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 10
Section 89
5

Management of sex offenders: minor and consequential amendments

 
 
1
The Sexual Offences Act 2003 is amended as follows.
 
 
2
(1)
Section 84 (notification requirements: changes) is amended as follows.
 
 
(2)
In subsection (1) —
 
 
(a)
omit paragraph (a) ;
10
 
(b)
omit “that name,”.
 
 
(3)
In subsection (2) , omit “the name is used,”.
 
 
3
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”;
15
 
(c)
in subsection (6) , after “83(1)” insert “, 83A”.
 
 
4
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)”.
 
 
5
(1)
Section 87 (method of notification and related matters) is amended as
20
 
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,
25
 
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)”
30
 
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”
35
 
substitute “If the police station at which the relevant offender attends is in
 
 
Scotland, the offender”.
 

Page 237

 
(6)
Omit subsection (5C) .
 
 
6
(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 .”
5
 
(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—
10
 
(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
15
 
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
20
 
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) .
25
 
(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
30
 
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
35
 
(Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex
 
 
offender orders and interim orders made in Northern
 
 
Ireland);
 

Page 238

 
(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).
5
 
(9)
In subsection (7) “finding” in relation to an offence means—
 
 
(a)
a finding of not guilty of the offence by reason of insanity,
 
 
or
 
 
(b)
a finding that the person was under a disability and did the
 
 
act or omission charged against the person in respect of the
10
 
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).”
15
 
7
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);
20
 
(b)
Schedule 3A (discharge from indefinite notification
 
 
requirements in Northern Ireland).”
 
 
8
(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—
25
 
(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);
30
 
(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
35
 
false in purported compliance with—
 
 
(i)
section 83(1);
 
 
(ii)
section 83A (1) , (2) or (5) ;
 
 
(iii)
section 84(1);
 
 
(iv)
section 85(1);
40
 
(v)
section 86B (1) ;
 

Page 239

 
(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—
5
 
(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) .
10
 
(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
15
 
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);
20
 
(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—
25
 
(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
30
 
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
35
 
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
40
 
requirement”.
 

Page 240

 
(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
5
 
requirement imposed by—
 
 
(i)
section 83(1);
 
 
(ii)
section 83A (1) , (2) and (5) ;
 
 
(iii)
section 84(1);
 
 
(iv)
section 85(1);
10
 
(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
15
 
requirement imposed by section 85A(2) or (6).”
 
 
9
(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”.
20
 
(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”.
 
 
10
(1)
Section 91B (review of indefinite notification requirements: application for
 
 
review and qualifying dates) is amended as follows.
25
 
(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) —
30
 
(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,”.
 
 
11
In section 91E , in the heading, at the end insert “against determinations
35
 
under section 91C”.
 
 
12
In section 91F (guidance), at the end of subsection (1) insert “or own motion
 
 
reviews”.
 

Page 241

 
13
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—
5
 
“(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
10
 
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) .”
15
 
14
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) .”
20
 
15
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) ;”.
 
 
16
(1)
Section 138 (orders and regulations) is amended as follows.
25
 
(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
30
 
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 105 to 107 ;
35
 
(d)
section 86;
 
 
(e)
section 86B (3) or (4) ;
 
 
(f)
section 93B (6) (d) ;
 
 
(g)
section 93C (6) (b) ;
 
 
(h)
section 93I ;
40

Page 242

 
(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
5
 
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,
10
 
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
15
 
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 105 to 107 ;
 
 
(b)
section 86;
20
 
(c)
section 86B (3) or (4) ;
 
 
(d)
section 93B (6) (d) ;
 
 
(e)
section 93C (6) (b) ;
 
 
(f)
section 88H;
 
 
(g)
section 130.
25
 
(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—
30
 
(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) ”.
35
 
17
(1)
Schedule 3A (discharge from indefinite notification requirements in Northern
 
 
Ireland) is amended as follows.
 

Page 243

 
(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)—
5
 
(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);
10
 
(b)
paragraph 5(6);
 
 
(c)
paragraph 6C (4) ;
 
 
(d)
paragraph 6D (6) ,
 
 
(notice of decision not to discharge notification
 
 
requirements).”;
15
 
(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
20
 
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—
25
 
“(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 244

 
Schedule 11
Sections 104 and 107
 

Possession or supply of SIM farms or other specified articles: powers of entry

 

etc

 

Part 1

 

General

5

Interpretation

 
 
1
(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;
10
 
(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
15
 
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 102 to 106 ;
20
 
(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
25
 
(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) ;
30
 
“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
35
 
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 245

Saving

 
 
2
Nothing in this Schedule affects any power of a constable conferred
 
 
otherwise than by this Schedule.
 

Part 2

 

Powers of entry etc

5

Power to enter and search vehicles

 
 
3
(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.
10
 
(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—
15
 
(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.
20
 
(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
25
 
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

30
 
4
(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—
35
 
(a)
board the vessel or aircraft, and
 
 
(b)
search it for relevant evidence.
 

Page 246

 
(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.
5
 
(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
10
 
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.
15

Warrant conferring power to enter and search premises

 
 
5
(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
20
 
(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
25
 
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
30
 
(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
35
 
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
40
 
secure immediate entry to them.
 

Page 247

Applications for search warrants

 
 
6
(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.
5
 
(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;
10
 
(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
15
 
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

20
 
7
(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—
25
 
(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
30
 
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

35
 
8
(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 248

 
(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
5
 
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.
10

Power to require production of documents etc

 
 
9
(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.
15
 
(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
20
 
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);
25
 
(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.
30

Power to use reasonable force

 
 
10
(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
35
 
purpose of exercising a power conferred by any of paragraphs 5 to 9 .
 

Page 249

Obstruction etc

 
 
11
(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—
5
 
(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,
 
 
or
 
 
(b)
the person prevents any other person from complying with any
10
 
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.
15
 
(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

20

Applications for search warrants: England and Wales and Northern Ireland

 

Introduction

 
 
12
(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
25
 
warrant” have the meaning given by paragraph 5 .
 

Applications for warrants

 
 
13
(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
30
 
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.
35
 
(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 250

 
(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
5
 
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.
10
 
(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.
15

Warrant: whether authorises one or multiple entries

 
 
14
A search warrant authorises entry on one occasion only, unless it specifies
 
 
that it authorises multiple entries.
 

Form of warrants

 
 
15
A search warrant must—
20
 
(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
25
 
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.
30

Copies of warrants

 
 
16
(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.
35
 
(3)
The copies must be clearly certified as copies.
 

Page 251

Part 4

 

Execution of search warrants: England and Wales and Northern Ireland

 

Introduction

 
 
17
(1)
This Part of this Schedule applies to the execution in England and Wales
 
 
or Northern Ireland of a search warrant under paragraph 5 .
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

10
 
18
Entry and search under a search warrant must be within one month from
 
 
the date of its issue.
 

All-premises warrants

 
 
19
(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
15
 
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—
20
 
(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

25
 
20
(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 .
30

Time of search

 
 
21
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.
 

Page 252

Evidence of authority etc

 
 
22
(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;
5
 
(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
10
 
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;
15
 
(b)
if not, the constable must leave a copy of the warrant in a prominent
 
 
place on the premises.
 

Extent of search

 
 
23
A search under a search warrant may only be a search to the extent required
 
 
for the purpose for which the warrant was issued.
20

Securing premises after entry

 
 
24
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

25
 
25
(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—
30
 
(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
35
 
officer for the local justice area in which the justice of the peace was
 
 
acting when issuing the warrant;
 

Page 253

 
(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.
5
 
(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 12
Section 112
 

Specified war memorials

 

Part 1

10

War memorials

 
 
1
Arcade of Former Archbishops Palace, York (including the walls and railings
 
 
under the arches of the Arcade).
 
 
2
Arch of Remembrance, Leicester.
 
 
3
Cenotaph, Whitehall, London.
15
 
4
Charles Church, Plymouth (being the entire derelict structure of that church).
 
 
5
Chatham Naval War Memorial.
 
 
6
Edith Cavell Memorial, St Martin’s Place, London.
 
 
7
Eleanor Cross, Sledmere.
 
 
8
Hall of Memory, Centenary Square, Birmingham.
20
 
9
Guards Memorial, Horse Guards Parade, London.
 
 
10
Liverpool Cenotaph.
 
 
11
Merchant Navy Memorial, Tower Hill, London.
 
 
12
Plymouth Naval War Memorial.
 
 
13
Port Sunlight War Memorial.
25
 
14
Portsmouth Naval War Memorial.
 
 
15
Preston War Memorial.
 
 
16
The Response, Newcastle upon Tyne.
 
 
17
Rochdale Cenotaph.
 
 
18
Royal Artillery Memorial, Hyde Park Corner, London.
30
 
19
Southampton Cenotaph.
 
 
20
Spalding War Memorial.
 

Page 254

 
21
Statue of Captain Albert Ball, Nottingham Castle Gardens, Nottingham.
 
 
22
Town and County War Memorial, Northampton.
 
 
23
Wagoners’ Memorial, Sledmere.
 
 
24
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).
5

Part 2

 

Parts of war memorials

 
 
25
The external walls and roof of Alcester Town Hall, and any fixtures attached
 
 
to any of those walls or that roof.
 
 
Schedule 13
Section 117
10

Suspension of internet protocol addresses and internet domain names

 

Applications for IP address suspension orders

 
 
1
(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
15
 
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

 
 
2
(1)
A judge may grant an application for an IP address suspension order if
20
 
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—
25
 
(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
30
 
connected with unlicensed gambling, or
 
 
(d)
the IP address is allocated to a device located in the United
 
 
Kingdom.
 

Page 255

 
(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
5
 
(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

10
 
3
(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,
15
 
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

 
 
4
(1)
A judge may grant an application for a domain name suspension order if
20
 
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 ).
25
 
(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
30
 
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
35
 
(d)
the internet domain name is hosted on a device located in the United
 
 
Kingdom.
 

Page 256

 
(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
5
 
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
10
 
is being, or will be, used.
 

Applications for suspension orders: non-disclosure duty

 
 
5
(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
15
 
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
20
 
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
25
 
(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—
30
 
(a)
if the suspension order does not impose a non-disclosure
 
 
requirement under paragraph 6 , when the suspension order is made,
 
 
or
 
 
(b)
if the suspension order imposes a non-disclosure requirement under
 
 
paragraph 6 , when that requirement expires.
35

Inclusion of non-disclosure requirements in suspension orders

 
 
6
(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—
40

Page 257

 
(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).
5
 
(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

 
 
7
(1)
A judge may discharge or vary a suspension order on an application by—
 
 
(a)
an appropriate officer, or
10
 
(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
15
 
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

 
 
8
(1)
An appropriate officer may make an application to a judge for the extension
20
 
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.
25
 
(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
30
 
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.
35
 
(7)
The specified period may be extended more than once.
 

Page 258

Discharge and variation of non-disclosure orders

 
 
9
(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.
5
 
(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).
10

Applications: further provision

 
 
10
(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—
15
 
(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
20
 
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

 
 
11
(1)
This paragraph applies to—
 
 
(a)
notice of an application made by an appropriate officer under this
25
 
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.
30
 
(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,
35
 
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
 

Page 259

 
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) ).
5
 
(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
10
 
(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
15
 
inspection.
 

Rules of court

 
 
12
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;
20
 
(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

25
 
13
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”

 
 
14
(1)
In this Schedule “appropriate officer”—
 
 
(a)
in England and Wales, means—
30
 
(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
35
 
by the Gambling Commission under section 303 of the
 
 
Gambling Act 2005;
 
 
(b)
in Northern Ireland, means—
 
 
(i)
a constable,
 

Page 260

 
(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—
5
 
(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
10
 
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.
15

“Judge”

 
 
15
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;
20
 
(c)
in Scotland, a sheriff or summary sheriff.
 

“IP address provider”

 
 
16
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.
25

“Internet domain registry” and “registrar”

 
 
17
(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
30
 
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
35
 
second level internet domain.
 
 
(3)
“Second level internet domain” means an internet domain indicated by the
 
 
last two elements of an internet domain name.
 

Page 261

 
(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.
 
 
18
(1)
In this Schedule a “registrar” for an internet domain registry is a person
5
 
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.
10

“Crime”, “serious crime” etc

 
 
19
(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.
15
 
(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
20
 
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
25
 
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”

 
 
20
In this Schedule “UK person” means—
 
 
(a)
a British citizen, a British overseas territories citizen, a British
30
 
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,
35
 
(e)
a body incorporated under the law of a part of the United Kingdom,
 
 
or
 
 
(f)
an unincorporated association formed under the law of a part of
 
 
the United Kingdom.
 

Page 262

Further interpretation

 
 
21
(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.
5
 
(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.
10
 
(6)
“Suspension order” means—
 
 
(a)
an IP address suspension order, or
 
 
(b)
a domain name suspension order.
 
 
Schedule 14
Section 121
 

Drug testing in police detention: trigger offences

15
 
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

20
 
1
Common assault.
 
 
2
Battery.
 

Offences against the Person Act 1861

 
 
3
Offences under the following provisions of the Offences against the Person
 
 
Act 1861 —
25
 
(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

30
 
4
An offence under section 1 of the Children and Young Persons Act 1933
 
 
(cruelty to persons under sixteen).
 

Page 263

Prevention of Crime Act 1953

 
 
5
An offence under section 1 of the Prevention of Crime Act 1953 (carrying
 
 
offensive weapon in public place).
 

Restriction of Offensive Weapons Act 1959

 
 
6
An offence under section 1 (1A) of the Restriction of Offensive Weapons
5
 
Act 1959 (possession of flick knife, flick gun or gravity knife).
 

Theft Act 1968, etc

 
 
7
Offences under the following provisions of the Theft Act 1968 —
 
 
(a)
section 1 (theft);
 
 
(b)
section 8 (robbery);
10
 
(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);
15
 
(g)
section 22 (handling stolen goods);
 
 
(h)
section 25 (going equipped for stealing, etc).
 
 
8
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—
20
 
(a)
section 1 (theft);
 
 
(b)
section 8 (robbery);
 
 
(c)
section 9 (burglary);
 
 
(d)
section 22 (handling stolen goods).
 

Misuse of Drugs Act 1971

25
 
9
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).
30

Criminal Damage Act 1971

 
 
10
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
35
 
endanger life, etc).
 

Page 264

Public Order Act 1986

 
 
11
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);
5
 
(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

10
 
12
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);
15
 
(d)
section 141 (1A) (possession of offensive weapon in private).
 

Road Traffic Act 1988

 
 
13
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).
20

Football (Offences) Act 1991

 
 
14
Offences under the following provisions of the Football (Offences) Act
 
 
1991 —
 
 
(a)
section 2 (throwing of missiles);
 
 
(b)
section 3 (indecent or racialist chanting);
25
 
(c)
section 4 (going onto the playing area).
 

Protection from Harassment Act 1997

 
 
15
Offences under the following provisions of the Protection from Harassment
 
 
Act 1997 —
 
 
(a)
section 2 (harassment);
30
 
(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).
 

Page 265

Crime and Disorder Act 1998

 
 
16
An offence under section 32 of the Crime and Disorder Act 1998 (racially
 
 
or religiously aggravated harassment, etc).
 

Criminal Justice and Police Act 2001

 
 
17
An offence under section 42A of the Criminal Justice and Police Act 2001
5
 
(harassment etc of a person in their home).
 

Sexual Offences Act 2003

 
 
18
Offences under the following provisions of the Sexual Offences Act 2003 —
 
 
(a)
section 1 (rape);
 
 
(b)
section 2 (assault by penetration);
10
 
(c)
section 3 (sexual assault);
 
 
(d)
section 61 (administering a substance with intent).
 

Serious Crime Act 2015

 
 
19
Offences under the following provisions of the Serious Crime Act 2015 —
 
 
(a)
section 75A (strangulation or suffocation);
15
 
(b)
section 76 (controlling or coercive behaviour).”
 
 
Schedule 15
Section 127 (1)
 

Confiscation orders: England and Wales

 

Part 1

 

The principal objective

20
 
1
(1)
The Proceeds of Crime Act 2002 is amended as follows.
 
 
(2)
At the beginning of Part 2 insert—
 

“Exercise of powers: general

 
5A
The principal objective
 
 
(1)
This section applies to any power conferred by or under this Part
25
 
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);
30

Page 266

 
(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
5
 
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
10
 
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
15
 
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”.
20
 
(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

25

Criminal lifestyle

 

Prosecutor’s discretion

 
 
2
(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
30
 
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)—
35

Page 267

 
(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,
5
 
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)—
10
 
(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
15
 
defendant”.
 

The serious risk of injustice test

 
 
3
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
20
 
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
25
 
(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

 
 
4
(1)
Section 75 of the Proceeds of Crime Act 2002 (criminal lifestyle) is amended
30
 
as follows.
 
 
(2)
In subsection (3)—
 
 
(a)
after “benefited”, in the first place it occurs, insert “, or intended to
 
 
benefit,”;
 
 
(b)
in paragraph (a)—
35
 
(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”.
 

Page 268

 
(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

 
 
5
(1)
Schedule 2 to the Proceeds of Crime Act 2002 (criminal lifestyle offences)
5
 
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

10
 
9C
(1)
An offence under section 33(1)(a) of the Environmental Protection
 
 
Act 1990 (depositing, or causing or permitting the deposit of,
 
 
certain waste, otherwise than in accordance with an environmental
 
 
permit).
 
 
(2)
An offence under regulation 38(1)(a) of the Environmental
15
 
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
20
 
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

25
 
6
(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)—
30
 
(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
35
 
the court proceeded under section 6 (see section
 
 
15A (2) (c) ),”;
 

Page 269

 
(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,
5
 
(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—
10
 
(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
15
 
(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)—
20
 
(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—
25
 
(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
30
 
the relevant amount, and
 
 
(ii)
has been released to the defendant since the
 
 
relevant time.”
 

Hidden property

 
 
7
(1)
The Proceeds of Crime Act 2002 is amended as follows.
35
 
(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).”
40

Page 270

 
(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
5
 
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
10
 
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
15
 
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;
20
 
(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 ”.
25
 
(6)
In section 23 (inadequacy of available amount: variation of order), in
 
 
subsection (2), for “section 9” substitute “sections 9 and 9A ”.
 

Tainted gifts

 
 
8
In section 77 of the Proceeds of Crime Act 2002 (tainted gifts), for subsection
 
 
(5) substitute—
30
 
“(5)
A gift is tainted if it was made by the defendant—
 
 
(a)
at any time after the commission of the offence concerned,
 
 
or
 
 
(b)
if the defendant’s particular criminal conduct consists of two
 
 
or more offences and they were committed at different times,
35
 
at any time after the commission of the earliest of the
 
 
offences.”
 

Benefit

 
 
9
(1)
The Proceeds of Crime Act 2002 is amended as follows.
 

Page 271

 
(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,
5
 
(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
10
 
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) )”;
15
 
(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
20
 
the conduct.”
 

Value of property obtained

 
 
10
(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
25
 
(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).
30
 
(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
35
 
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
 

Page 272

 
(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—
5
 
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;
10
 
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
15
 
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
20
 
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.”
25

Value of property sold or destroyed

 
 
11
(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,”.
30
 
(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
35
 
changes in the value of money;
 

Page 273

 
(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
5
 
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
10
 
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

15

Priority orders

 

Priority orders

 
 
12
(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—
20
 
“(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
25
 
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
30
 
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).
35
 
(5)
In section 21 (order made: reconsideration of benefit)—
 
 
(a)
in subsection (9), omit paragraphs (c), (ca) and (d);
 
 
(b)
omit subsection (10).
 

Page 274

 
(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
 
“(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
10
 
are to be applied in the order in which the priority orders were
 
 
made, starting with the earliest of them.”
 

Part 5

 

Compensation directions

 

Compensation directions

15
 
13
(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
20
 
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
25
 
(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
30
 
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
35
 
sustained by the person at the time the compensation order
 
 
was made, and
 

Page 275

 
(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
5
 
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,
10
 
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
15
 
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
20
 
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
25
 
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)
30
 
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—
35
 
(a)
section 130 of the Powers of Criminal Courts
 
 
(Sentencing Act) 2000, or
 
 
(b)
Chapter 2 of Part 7 of the Sentencing Code.”
 

Page 276

 
(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.”
5

Part 6

 

Procedural matters

 

Timing of confiscation proceedings and effect on sentencing

 
 
14
(1)
The Proceeds of Crime Act 2002 is amended as follows.
 
 
(2)
Before section 16 insert—
10
“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)
15
 
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
20
 
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
25
 
(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
30
 
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
35
 
the offence or offences concerned.
 
 
(6)
The court may, after the conclusion of the proceedings under section
 
 
6, vary the sentence by—
 

Page 277

 
(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
5
 
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—
10
 
(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
15
 
(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) .”
20
 
(3)
Omit sections 14 and 15 (postponement of confiscation proceedings).
 

Early resolution meeting

 
 
15
(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
25
 
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
30
 
(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
35
 
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—
 

Page 278

 
(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
5
 
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;
10
 
(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;
15
 
(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
20
 
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
25
 
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
30
 
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

35

Order made: reconsideration

 
 
16
(1)
The Proceeds of Crime Act 2002 is amended as follows.
 

Page 279

 
(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,
5
 
(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
10
 
(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
15
 
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—
20
 
(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
25
 
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
30
 
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
35
 
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
40
 
(b)
deducting from that adjusted amount the amount by which
 
 
A is less than B.
 

Page 280

 
(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
5
 
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.
10
 
(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
15
 
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—
20
 
(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.”
25
 
(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
30
 
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
35
 
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
40
 
previously;” substitute “or”;
 

Page 281

 
(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.”
5
 
(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
10
 
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
15
 
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
20
 
(1)(a), after “21,” insert “21A,”.
 

Provisional discharge of confiscation order

 
 
17
(1)
The Proceeds of Crime Act 2002 is amended as follows.
 
 
(2)
For sections 24 and 25 substitute—
 
“24A
Provisional discharge of order
25
 
(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
30
 
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;
35
 
(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 282

 
(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
5
 
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
10
 
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) ).
15
 
(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
20
 
(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
25
 
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
30
 
(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
35
 
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.
40

Page 283

 
(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;
5
 
(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
10
 
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
15
 
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
20
 
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
25
 
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
30
 
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
35
 
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.
40

Page 284

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,
5
 
(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
10
 
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,
15
 
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

20

Enforcement plans

 
 
18
(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
25
 
(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
30
 
(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
35
 
enforcing court could make in the event that the defendant defaults
 
 
on the confiscation order.
 

Page 285

 
(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;
5
 
(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,
10
 
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
15
 
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
20
 
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.
25
 
(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
30
 
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
35
 
“(whether or not the court also prepares an enforcement plan under section
 
 
13ZA )”.
 

The default term and the powers of the enforcing court

 
 
19
(1)
The Proceeds of Crime Act 2002 is amended as follows.
 

Page 286

 
(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.
5
 
(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,
10
 
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
15
 
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
20
 
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
25
 
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
30
 
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
35
 
(d)
the defendant is already serving a sentence of custody for
 
 
life or a term—
 
 
(i)
of imprisonment,
 

Page 287

 
(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
5
 
(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
10
 
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—
15
 
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.
20
 
(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
25
 
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
30
 
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 288

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.
5
 
(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
10
 
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
15
 
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.
20
 
(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.
25
 
(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
30
 
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
35
 
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.
40

Page 289

 
(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—
5
 
(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) ;
10
 
(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
15
 
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
20
 
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.
25
 
(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—
30
 
(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
35
 
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—
40

Page 290

 
(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,
5
 
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
10
 
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,
15
 
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 .
20
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
25
 
the court at the time and place appointed in the summons,
 
 
or
 
 
(b)
issue a warrant to arrest the defendant and bring them before
 
 
the court.
 
 
(3)
On the failure of the defendant to appear before the court in answer
30
 
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
35
 
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 291

 
(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
5
 
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.
10
 
(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.
15

“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
20
 
(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
25
 
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’
30
 
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
35
 
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 292

 
(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—
5
 
(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
10
 
“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
15
 
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—
20
 
(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
25
 
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
30
 
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,
35
 
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—
40

Page 293

 
(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
5
 
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
10
 
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
15
 
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
20
 
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.
25
 
(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
30
 
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
35
 
money and goods of the defendant are insufficient to pay
 
 
the amount outstanding, or
 
 
(b)
instead of a warrant of control.
 

Page 294

 
(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
5
 
(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 .
10
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
15
 
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;
20
 
(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
25
 
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,
30
 
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—
35
 
(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 295

 
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
5
 
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
10
 
(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
15
 
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
20
 
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—
25
 
(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)
30
 
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—
35
 
(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
40

Page 296

 
(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
5
 
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.
10
 
(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.
15
 
(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.
20
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
25
 
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
30
 
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 .
35
 
(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
40

Page 297

 
(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
5
 
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
10
 
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.
15
 
(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
20
 
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
25
 
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
30
 
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
35
 
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,
 

Page 298

 
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.
5
 
(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
10
 
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
15
 
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

20
 
(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) ”;
25
 
(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) ”.
30
 
(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
35
 
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) ,”.
40

Page 299

Extension to Crown Court of powers in relation to money, cryptoassets and personal property

 
 
20
(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”;
5
 
(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
10
 
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) ).”;
15
 
(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”;
20
 
(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”
25
 
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—
30
 
(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
35
 
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
40
 
“enforcing court”;
 

Page 300

 
(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’
5
 
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
10
 
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
15
 
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) ).”
20
 
(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

 
 
21
(1)
Schedule 5 to the Courts Act 2003 (collection of fines and other sums
25
 
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
30
 
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).”
35
 
(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
40

Page 301

 
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
5
 
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—
10
 
“(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
15
 
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
20
 
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—
25
 
“(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
30
 
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.”
35
 
(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,
40
 
or
 

Page 302

 
(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

 
 
22
(1)
The Attachment of Earnings Act 1971 is amended as follows.
5
 
(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
10
 
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
15
 
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.”
20
 
(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.”
25

Collection orders in respect of confiscation orders

 
 
23
(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
30
 
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,”;
35
 
(b)
in sub-paragraph (i), after “compensation order,” insert “the amount
 
 
required to be paid under the confiscation order,”.
 

Page 303

Taking control of goods to recover a sum due under a confiscation order

 
 
24
(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—
5
 
“(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
10
 
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
15
 
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
20
 
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
25
 
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—
30
 
“(e)
none of paragraphs 18, 18ZA or 19 applies.”
 

Part 9

 

Restraint orders

 

Conditions for making of restraint order: risk of dissipation

 
 
25
(1)
The Proceeds of Crime Act 2002 is amended as follows.
35
 
(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 304

 
(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
5
 
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;
10
 
(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—
15
 
(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
20
 
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;
25
 
(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),”.
30

Exception to restraint orders for reasonable legal expenses

 
 
26
(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)—
35
 
(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
40

Page 305

 
exception makes provision for any reasonable legal expenses
 
 
which—”;
 
 
(d)
omit subsections (5A) and (5B);
 
 
(e)
omit subsection (10).
 
 
(3)
After section 41 insert—
5
 
“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—
10
 
(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
15
 
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
20
 
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.
25
 
(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
30
 
(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;
35
 
(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,
40
 
otherwise than in respect of the remuneration of a
 
 
representative, by a party to proceedings.
 

Page 306

 
(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),”.
5

Exception to restraint order for reasonable living expenses

 
 
27
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
10
 
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) );
15
 
(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;
20
 
(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—
25
 
“(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
30
 
(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;
35
 
“relevant realisable property” has the same meaning as
 
 
in section 40.”
 

Discharge of restraint order etc: proceedings not started within reasonable time

 
 
28
(1)
The Proceeds of Crime Act 2002 is amended as follows.
 
 
(2)
In section 41 (restraint orders)—
40

Page 307

 
(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
5
 
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;
10
 
(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;
15
 
(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
20
 
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
25
 
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;
30
 
(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;
35
 
(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 308

Restraint orders: effect of conviction

 
 
29
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
5
 
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
10
 
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;
15
 
(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
20
 
(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
25
 
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

30

Appointment of management receiver

 
 
30
(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—
35
 
(a)
a magistrates’ court has made a further detention
 
 
order, and
 

Page 309

 
(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
5
 
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
10
 
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”)”;
15
 
(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

20

Appeals

 

Appeal rights in relation to confiscation proceedings

 
 
31
(1)
The Proceeds of Crime Act 2002 is amended in accordance with
 
 
sub-paragraphs (2) to (9) .
 
 
(2)
After section 67D insert—
25

“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
30
 
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
35
 
is that, for the purposes of the appeal rights conferred by that Act,
 
 
both such orders form part of the defendant’s sentence).
 

Page 310

 
(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—
5
 
(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
10
 
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,
15
 
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
20
 
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
25
 
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 .
30
 
(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
35
 
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.
 

Page 311

 
(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
5
 
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
10
 
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
15
 
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.
20
 
(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
25
 
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
30
 
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
35
 
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
40
 
which was quashed by the Court of Appeal, the date on
 
 
which the Crown Court made the order;
 

Page 312

 
(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
5
 
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)
10
 
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
15
 
(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—
20
 
(a)
the Court of Appeal believes that an application under
 
 
section 50 is to be made by the prosecutor for the
 
 
appointment of a receiver,
 
 
(b)
such an application has been made but not yet determined,
 
 
or
25
 
(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
30
 
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.
35
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.
 

Page 313

 
(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;
5
 
(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
10
 
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.
15
 
(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
20
 
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
25
 
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.
30
 
(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
35
 
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
 

Page 314

 
(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.
5
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
10
 
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.
15
 
(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
20
 
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.
25
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.
30
 
(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;
35
 
(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—
 

Page 315

 
(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—
5
 
(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
10
 
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
15
 
(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
20
 
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—
25
 
(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
30
 
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.
35
 
(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;
 

Page 316

 
(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.
5
 
(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—
10
 
(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’
15
 
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)
20
 
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 ”.
25
 
(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) ”;
30
 
(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)—
35
 
(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) ”;
40

Page 317

 
(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) ”;
5
 
(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);
10
 
(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
15
 
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
20
 
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).”
25

Part 12

 

Consequential and related amendments

 

Courts Act 2003 (c. 39)

 
 
32
In the Courts Act 2003, in Schedule 8 (minor and consequential
 
 
amendments), omit paragraph 406.
30

Constitutional Reform Act 2005 (c. 4)

 
 
33
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)

 
 
34
In the Serious Crime Act 2007, in Schedule 8 (abolition of Assets Recovery
35
 
Agency and its Director)—
 

Page 318

 
(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)

5
 
35
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);
10
 
(d)
omit paragraphs 19 to 21.
 

Crime and Courts Act 2013 (c. 22)

 
 
36
Omit sections 46 and 47 of the Crime and Courts Act 2013 (restraint orders
 
 
and legal aid).
 

Serious Crime Act 2015 (c. 9)

15
 
37
The Serious Crime Act 2015 is amended as follows.
 
 
38
Omit section 3 (appeals in relation to confiscation orders).
 
 
39
In section 6 (confiscation and victim surcharge orders), omit subsections
 
 
(4) and (5).
 
 
40
In section 10 (default sentences), omit subsection (1).
20
 
41
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.
25

Modern Slavery Act 2015 (c. 30)

 
 
42
The Modern Slavery Act 2015 is amended as follows.
 
 
43
In section 10 (supplementary provision about slavery and trafficking
 
 
reparation orders)—
 
 
(a)
in subsection (6)—
30
 
(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) ”;
35

Page 319

 
(c)
in subsection (9), in the words before paragraph (a), for “33”
 
 
substitute “ 67E (6) or 67G (5) ” .
 
 
44
In Schedule 5 (minor and consequential amendments), omit paragraphs 16
 
 
to 19.
 

Criminal Finances Act 2017 (c. 22)

5
 
45
In section 32 of the Criminal Finances Act 2017 (reconsideration of
 
 
discharged orders), omit subsections (2) and (3).
 

Sentencing Act 2020 (c. 17)

 
 
46
The Sentencing Act 2020 is amended as follows.
 
 
47
In section 42 (court’s duty to order payment of surcharge), in subsection
10
 
(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)”.
 
 
48
In section 46 (criminal courts charge duty), in subsection (1), omit the words
 
 
from “But” to the end.
15
 
49
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)”.
 
 
50
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
20
 
confiscation proceedings)”.
 
 
51
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)”.
 
 
52
(1)
Schedule 22 (prospective amendments of the Sentencing Code and related
25
 
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

30

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”;
35
 
(b)
in subsection (4) , in the opening words, omit “, or
 
 
detained,”;
 

Page 320

 
(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
5
 
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
10
 
of imprisonment or detention), in subsection (4) (c) , omit “, custody
 
 
for life or detention in a young offender institution”.”
 
 
53
In Schedule 24 (consequential amendments)—
 
 
(a)
omit paragraphs 183 and 184;
 
 
(b)
omit paragraph 185(3);
15
 
(c)
omit paragraph 186(3);
 
 
(d)
omit paragraphs 187 and 188;
 
 
(e)
omit paragraphs 190 to 192.
 
 
Schedule 16
Section 127 (2)
 

Confiscation orders: Northern Ireland

20

Part 1

 

The principal objective

 
 
1
(1)
The Proceeds of Crime Act 2002 is amended as follows.
 
 
(2)
At the beginning of Part 4 insert—
 

“Exercise of powers: general

25
155A
The principal objective
 
 
(1)
This section applies to any power conferred by or under this Part
 
 
on—
 
 
(a)
a court;
 
 
(b)
a prosecutor;
30
 
(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 321

 
(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.
5
 
(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.
10
 
(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) .
15
 
(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”;
20
 
(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

25
 
2
(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))”;
30
 
(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
35
 
the case is one in which the court is asked to decide whether
 
 
the defendant has a criminal lifestyle (see section 156(4)).”;
 

Page 322

 
(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”.
5
 
(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
10
 
and” substitute “has decided under section 156(4)(c) that the
 
 
defendant”.
 

The serious risk of injustice test

 
 
3
In section 160 of the Proceeds of Crime Act 2002 (assumptions to be made
 
 
in case of criminal lifestyle), after subsection (6) insert—
15
 
“(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
20
 
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

25
 
4
(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,”;
30
 
(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
35
 
in relation to conduct that took place wholly or partly before the date on
 
 
which those provisions come into force.
 

Page 323

Criminal lifestyle offences

 
 
5
(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—
5
 
“(g)
Article 64 (keeping a brothel used for prostitution).”
 
 
(3)
Before paragraph 9A insert—
 

“Offences involving gangmasters

 
 
(4)
After paragraph 9B insert—
 

“Environmental offences

10
 
9C
An offence under Article 4(1)(a) of the Waste and Contaminated
 
 
Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I. 19))
 
 
(depositing, or causing or permitting the deposit of, controlled
 
 
waste, otherwise than in accordance with a waste management
 
 
licence).”
15
 
(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

20

Recoverable amount

 
 
6
(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”.
25
 
(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
30
 
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 324

 
(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
5
 
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
10
 
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
15
 
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—
20
 
“(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
25
 
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
30
 
(ii)
has been released to the defendant since the
 
 
relevant time.”
 

Hidden property

 
 
7
(1)
The Proceeds of Crime Act 2002 is amended as follows.
 
 
(2)
In section 159(1) (available amount)—
35
 
(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).”
 

Page 325

 
(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
5
 
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
10
 
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
15
 
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;
20
 
(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 ”.
25
 
(6)
In section 173 (inadequacy of available amount: variation of order), in
 
 
subsection (2), for “section 159” substitute “sections 159 and 159A ”.
 

Tainted gifts

 
 
8
In section 225 of the Proceeds of Crime Act 2002 (tainted gifts), for
 
 
subsection (5) substitute—
30
 
“(5)
A gift is tainted if it was made by the defendant—
 
 
(a)
at any time after the commission of the offence concerned,
 
 
or
 
 
(b)
if the defendant’s particular criminal conduct consists of two
 
 
or more offences and they were committed at different times,
35
 
at any time after the commission of the earliest of the
 
 
offences.”
 

Benefit

 
 
9
(1)
The Proceeds of Crime Act 2002 is amended as follows.
 

Page 326

 
(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,
5
 
(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
10
 
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) )”;
15
 
(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
20
 
the conduct.”
 

Value of property obtained

 
 
10
(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
25
 
(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).
30
 
(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
35
 
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
 

Page 327

 
(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—
5
 
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;
10
 
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
15
 
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
20
 
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.”
25

Value of property realised or destroyed

 
 
11
(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,”.
30
 
(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
35
 
changes in the value of money;
 

Page 328

 
(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
5
 
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
10
 
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

15

Priority orders

 

Priority orders

 
 
12
(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
20
 
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
25
 
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
30
 
(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
35
 
the effect of which is that subsection (6) applies, the court
 
 
making that order must also make a priority payment
 
 
direction.
 

Page 329

 
(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.
5
 
(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
10
 
(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);
15
 
(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—
20
 
“(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
25
 
made, starting with the earliest of them.”
 

Part 5

 

Procedural matters

 

Timing of confiscation proceedings and effect on sentencing

 
 
13
(1)
The Proceeds of Crime Act 2002 is amended as follows.
30
 
(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.
35
 
(2)
In sentencing the defendant for the offence (or any of the offences)
 
 
concerned the court must not—
 

Page 330

 
(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,
5
 
(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
10
 
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
15
 
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,
20
 
(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
25
 
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
30
 
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),
35
 
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

 
 
14
(1)
The Proceeds of Crime Act 2002 is amended as follows.
40

Page 331

 
(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) .”
5
 
(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
10
 
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
15
 
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
20
 
(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) —
25
 
(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
30
 
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.
35
 
(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 332

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
5
 
(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.
10
 
(3)
In this section “EROC meeting” has the meaning given by section
 
 
165B .”
 

Part 6

 

Reconsideration and provisional discharge

 

Order made: reconsideration

15
 
15
(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—
20
 
(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
25
 
(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
30
 
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—
35
 
(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 333

 
(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
5
 
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
10
 
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—
15
 
(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—
20
 
(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
25
 
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
30
 
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
35
 
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
40
 
of the confiscation order, or
 

Page 334

 
(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—
5
 
“(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
10
 
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
15
 
varied.”;
 
 
(b)
in subsection (13)—
 
 
(i)
in paragraph (a), for “if this section has not applied
 
 
previously;” substitute “or”;
 
 
(ii)
for paragraph (b) substitute—
20
 
“(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.”
25
 
(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
30
 
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
35
 
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 ”.
40
 
(5)
In section 188 (reconsideration etc: variation of prison term), in subsection
 
 
(1)(a), after “171,” insert “ 171A ,”.
 

Page 335

Provisional discharge of confiscation order

 
 
16
(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—
5
 
(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
10
 
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
15
 
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
20
 
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
25
 
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
30
 
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—
35
 
(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 336

 
(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—
5
 
(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
10
 
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
15
 
, 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
20
 
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.
25
 
(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—
30
 
(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
35
 
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.
40

Page 337

 
(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
5
 
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
10
 
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
15
 
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
20
 
(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
25
 
, 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
30
 
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,
35
 
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 338

Part 7

 

Enforcement

 

Enforcement plans

 
 
17
(1)
The Proceeds of Crime Act 2002 is amended as follows.
 
 
(2)
After section 163 insert—
5

“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—
10
 
(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.
15
 
(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 —
20
 
(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
25
 
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
30
 
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
35
 
the order.
 

Page 339

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
5
 
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
10
 
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—
15
 
“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
20
 
(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
25
 
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—
30
 
(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
35
 
order not to be made.
 
 
(5)
In this section “the initial enforcement hearing” means the hearing
 
 
held pursuant to section 163ZB .”
 

Page 340

Power to compel defendant to attend court at any stage of enforcement proceedings

 
 
18
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.
5
 
(2)
The Crown Court may, for any purpose in connection with the
 
 
enforcement of the order—
 
 
(a)
issue a summons requiring the defendant to appear before
 
 
the court at the time and place appointed in the summons,
 
 
or
10
 
(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.
15
 
(4)
A magistrates’ court may, for any purpose in connection with
 
 
exercising its powers under section 215, 215ZA, 215A or 215AA—
 
 
(a)
issue a summons requiring the defendant to appear before
 
 
the court at the time and place appointed in the summons,
 
 
or
20
 
(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.”
25

Financial status order

 
 
19
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
30
 
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,
35
 
that the court may require in connection with the enforcement of
 
 
the confiscation order.”
 

Page 341

Confiscation assistance advisers

 
 
20
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
5
 
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

10
 
21
(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
15
 
court”;
 
 
(c)
in subsection (6)(a), for “magistrates’ court” substitute “relevant
 
 
court”;
 
 
(d)
in subsection (8), after the definition of “payment institution”,
 
 
insert—
20
 
““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
25
 
) 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
30
 
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;
35
 
(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 342

 
(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”;
5
 
(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
10
 
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”;
15
 
(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.”
20
 
(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
25
 
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”.
30
 
(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

35
 
22
(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 343

 
(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
5
 
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
10
 
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
15
 
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—
20
 
(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
25
 
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;
30
 
(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.”
35
 
(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

 
 
23
(1)
The Proceeds of Crime Act 2002 is amended as follows.
40
 
(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 344

 
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
5
 
(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,
10
 
(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
15
 
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
20
 
(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
25
 
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,
30
 
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
35
 
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.
40

Page 345

 
(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

 
 
24
In section 190 of the Proceeds of Crime Act 2002 (restraint orders)—
5
 
(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
10
 
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
15
 
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
20
 
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
25
 
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
30
 
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.”
35

Discharge of restraint order etc: proceedings not started within reasonable time

 
 
25
(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 346

 
(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—
5
 
(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
10
 
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
15
 
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.”
20
 
(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—
25
 
(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
30
 
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
35
 
the property to which it relates);
 
 
(g)
the impact of the restraint order on any person affected by
 
 
the order.”
 

Page 347

Restraint orders: effect of conviction

 
 
26
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
5
 
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
10
 
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
15
 
(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
20
 
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) .
25
 
(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

30
 
27
(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
35
 
order, and
 
 
(b)
an application is made to the High Court to proceed
 
 
under subsection (2) by—
 

Page 348

 
(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—
5
 
“(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)—
10
 
(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”.
15
 
(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

20
 
28
(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
25
 
(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—
30
 
(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
35
 
(b)
if it believes that the decision was wrong, may—
 

Page 349

 
(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
5
 
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.
10
 
(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
15
 
(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.
20
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
25
 
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
30
 
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
35
 
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.
40

Page 350

 
(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
5
 
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.
10
 
(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
15
 
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
20
 
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
25
 
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
30
 
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
35
 
(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;
40

Page 351

 
(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
5
 
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.
10
 
(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,
15
 
(b)
such an application has been made but not yet determined,
 
 
or
 
 
(c)
a receiver has been appointed under section 198.
 
 
(4)
On an appeal under this section the Court of Appeal may—
 
 
(a)
confirm the determination, or
20
 
(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—
25
 
(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
30
 
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;
35
 
(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 352

 
(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—
5
 
(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
10
 
(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
15
 
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
20
 
(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.
25
 
(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—
30
 
(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
35
 
be) the Supreme Court may make.
 

Page 353

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
5
 
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.
10
 
(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
15
 
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.
20
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.
25
 
(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;
30
 
(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
35
 
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 354

 
(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
5
 
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
10
 
(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
15
 
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—
20
 
(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
25
 
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.
30
 
(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
35
 
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 355

 
(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—
5
 
(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’
10
 
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
15
 
(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
20
 
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)—
25
 
(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) ”;
30
 
(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) ”.
35
 
(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);
40

Page 356

 
(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;
5
 
(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).
10
 
(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

15

Consequential and related amendments

 

Constitutional Reform Act 2005 (c. 4)

 
 
29
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)

20
 
30
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.
25

Serious Crime Act 2015 (c. 9)

 
 
31
The Serious Crime Act 2015 is amended as follows.
 
 
32
Omit section 26 (appeals in relation to confiscation orders).
 
 
33
In Schedule 4 (minor and consequential amendments), omit paragraph 48.
 

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern

30

Ireland) 2015 (c.2 (N.I.))

 
 
34
The Human Trafficking and Exploitation (Criminal Justice and Support for
 
 
Victims) Act (Northern Ireland) 2015 is amended as follows.
 
 
35
In paragraph 3 of Schedule 2 (slavery and trafficking reparation orders)—
 
 
(a)
in sub-paragraph (6)—
35

Page 357

 
(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) ”.
 
 
36
In Schedule 4 (minor and consequential amendments) omit paragraphs 13
5
 
to 15.
 

Criminal Finances Act 2017 (c. 22)

 
 
37
In section 32 of the Criminal Finances Act 2017 (reconsideration of
 
 
discharged orders), omit subsections (5) and (6).
 
 
Schedule 17
Section 158 (1)
10

Notification orders

 
 
1
The Counter-Terrorism Act 2008 is amended as follows.
 
 
2
(1)
Section 40 (overview) is amended as follows.
 
 
(2)
In subsection (2) after paragraph (a) insert—
 
 
“(aa)
orders applying the notification requirements to persons
15
 
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
20
 
requirements to persons dealt with for certain service offences to
 
 
which this Part does not apply.”
 
 
3
In section 57, in the heading for “Notification” substitute “Foreign offence
 
 
notification”.
 
 
4
After that section insert—
25
“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.”
30
 
5
(1)
Section 59 (application to service offences) is amended as follows.
 
 
(2)
The existing provision becomes subsection (1) of that section.
 

Page 358

 
(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.”
5
 
6
(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—
10
 
“(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),”.
 
 
7
(1)
Schedule 4 is amended as follows.
15
 
(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”.
 
 
8
After Schedule 4 insert—
20
 
“Schedule 4A
Section 57A
 

Domestic offence notification orders

 

Introductory

 
 
1
In this Schedule—
 
 
“the appropriate court” means—
25
 
(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;
30
 
(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
35
 
the law of England and Wales, Scotland or Northern
 
 
Ireland (and does not include a service offence).
 

Page 359

Domestic offence notification orders

 
 
2
(1)
An authorised person may apply to the appropriate court for an
 
 
order under this paragraph (a “domestic offence notification
 
 
order”) in respect of a person (“the offender”).
 
 
(2)
On the application, the court must make a domestic offence
5
 
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—
10
 
(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—
15
 
(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
20
 
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
25
 
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—
30
 
(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
35
 
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,
40
 
(ii)
would be so imprisoned or detained but for being
 
 
unlawfully at large, absent without leave, on
 

Page 360

 
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.
5
 
(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.
10

Restrictions on applications for domestic offence notification orders

 
 
3
(1)
A chief officer of police may apply for a domestic offence
 
 
notification order in respect of a person only if—
 
 
(a)
the person resides in the chief officer’s police area, or
 
 
(b)
the chief officer believes that the person is in, or is
15
 
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
20
 
(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—
25
 
(a)
the person resides in Northern Ireland, or
 
 
(b)
the chief constable believes that the person is in, or is
 
 
intending to come to, Northern Ireland.
 

Effect of domestic offence notification order

 
 
4
The effect of a domestic offence notification order is that the
30
 
notification requirements of this Part apply to the offender.
 

Modifications of this Part

 
 
5
(1)
The following modifications apply where a domestic offence
 
 
notification order is made.
 
 
(2)
Section 43(1) does not apply to the offender, as regards the
35
 
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 361

 
(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) .
 
 
9
After Schedule 6 insert—
5
 
“Schedule 6A
Section 59(2)
 

Service offence notification orders

 

Introductory

 
 
1
In this Schedule—
 
 
“the appropriate court” means—
10
 
(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;
15
 
(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

20
 
2
(1)
An authorised person may apply to the appropriate court for an
 
 
order under this paragraph (a “service offence notification order”)
 
 
in respect of a person (“the offender”).
 
 
(2)
On the application, the court must make a service offence
 
 
notification order in respect of the offender if it is satisfied that
25
 
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,
30
 
(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
35
 
the Armed Forces Act 2006, is committed before that day.
 
 
(4)
In sub-paragraph (3) (b) “excluded offence” means—
 

Page 362

 
(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
5
 
(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
10
 
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),”.
15
 
(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),
20
 
(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
25
 
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
30
 
(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).
35
 
(8)
The fourth condition is that the period in respect of which the
 
 
notification requirements would apply in respect of the relevant
 
 
offence (see paragraph 7 of Schedule 6) has not expired.
 

Restrictions on applications for service offence notification orders

 
 
3
(1)
A chief officer of police may apply for a service offence
40
 
notification order in respect of a person only if—
 
 
(a)
the person resides in the chief officer’s police area, or
 

Page 363

 
(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—
5
 
(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
10
 
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

15
 
4
The effect of a service offence notification order is that the
 
 
notification requirements of this Part apply to the offender.
 

Modifications of this Part

 
 
5
(1)
The following modifications apply where a service offence
 
 
notification order is made.
20
 
(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.
25
 
(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 18
Section 159
30

Sentences for offence of breaching foreign travel restriction order

 

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

 
 
1
In Schedule 1A to the Prisoners and Criminal Proceedings (Scotland) Act
 
 
1993 (offences with restricted eligibility for release on licence), in paragraph
 

Page 364

 
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).”
5

Criminal Procedure (Scotland) Act 1995 (c. 46)

 
 
2
(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
10
 
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
15
 
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).”
20

Criminal Justice Act 2003 (c.44)

 
 
3
(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
25
 
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)
30
 
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).”
35

Counter-Terrorism Act 2008 (c. 28)

 
 
4
In Schedule 1A to the Counter-Terrorism Act 2008 (offences where terrorism
 
 
connection not required to be considered), in paragraph 4 —
 

Page 365

 
(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
5
 
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))

 
 
5
(1)
The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I.
 
 
1)) is amended as follows.
10
 
(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
15
 
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
20
 
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
25
 
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).”
30

Sentencing Code

 
 
6
(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,
35
 
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 366

 
(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
5
 
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
10
 
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);
15
 
(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
20
 
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 —
25
 
“(a)
section 54 (breach of police notification requirements etc);
 
 
(b)
paragraph 15 of Schedule 5 (breach of foreign travel
 
 
restriction order).”
 
Amendments

No amendments available.