--- title: "Crime and Policing Act 2026" id: 7113f194-0979-4ed9-9f3d-38341cfc21fe authority: uk place: "United Kingdom" applies_also_from: [] kind: statute in_force: true publisher_url: https://www.legislation.gov.uk/ukpga/2026/20 attribution: "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives." solon_url: https://solon.orangecat.ch/law/7113f194-0979-4ed9-9f3d-38341cfc21fe language: en in_force_from: 2026-11-06 date_basis: publisher status: consolidated source_url: https://www.legislation.gov.uk/ukpga/2026/20/data.xml read_on: 2026-11-08 sha256: a7d617455b4a8e43853ec3dc785760b6add3ac97aaeb423111508d755d9e0c33 provisions: 131 --- # Crime and Policing Act 2026 ## Title and introductory text {#prelims} Crime and Policing Act 2026 2026 Chapter 20 An Act 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. [29th April 2026] Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— ## 1 Respect orders {#section-1} (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 Power to make respect orders A1 (1) A court may make an order under this section (a “respect order”) against a person aged 18 or over (“the respondent”) if— (a) the court is satisfied, on the balance of probabilities, that the respondent has engaged in or threatens to engage in anti-social behaviour, and (b) the court considers it just and convenient to make the order for the purpose of preventing the respondent from engaging in anti-social behaviour. (2) A respect order may for the purpose of preventing the respondent from engaging in anti-social behaviour— (a) prohibit the respondent from doing anything described in the order; (b) require the respondent to do anything described in the order. (3) Prohibitions and requirements in a respect order must, so far as practicable, be such as to avoid— (a) any interference with the times, if any, at which the respondent normally works or attends any educational establishment; (b) any conflict with the requirements of any other court order or injunction to which the respondent is subject. (4) A respect order must— (a) specify the period for which it has effect, or (b) state that it has effect until further order. (5) A respect order may specify periods for which particular prohibitions or requirements have effect. (6) A respect order may be made only on the application of a relevant authority. (7) An application for a respect order may be made to the High Court or the county court. (8) A court may treat an application for a respect order as an application under section 1A (power to grant housing injunctions) for an injunction under that section. (9) In this Part, “anti-social behaviour” means conduct that has caused, or is likely to cause, harassment, alarm or distress to any person. Section A1: meaning of “relevant authority” B1 (1) This section applies for the purposes of section A1. (2) “Relevant authority” means— (a) a local authority, (b) a housing provider, (c) the chief officer of police for a police area, (d) the chief constable of the British Transport Police Force, (e) Transport for London, (f) Transport for Greater Manchester, (g) the Environment Agency, (h) the Natural Resources Body for Wales, (i) the Secretary of State exercising security management functions, or a Special Health Authority exercising security management functions on the direction of the Secretary of State, or (j) the Welsh Ministers exercising security management functions, or a person exercising security management functions on the direction of the Welsh Ministers or under arrangements made between the Welsh Ministers and that person. (3) In subsection (2) “security management functions” means— (a) the Secretary of State’s security management functions within the meaning given by section 195(3) of the National Health Service Act 2006; (b) the functions of the Welsh Ministers corresponding to those functions. (4) A housing provider may make an application for a respect order only if the application concerns anti-social behaviour that directly or indirectly relates to or affects its housing management functions. (5) For the purposes of subsection (4) the housing management functions of a housing provider include— (a) functions conferred by or under an enactment; (b) the powers and duties of the housing provider as the holder of an estate or interest in housing accommodation. (6) In subsection (5), “housing accommodation” includes— (a) flats, lodging-houses and hostels; (b) any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it; (c) any common areas used in connection with the accommodation. (7) The Secretary of State may by regulations— (a) amend this section; (b) amend section N1 in relation to expressions used in this section. Contents of respect orders Power to exclude person from home in cases of violence or risk of harm C1 (1) A respect order may have the effect of excluding the respondent from the place where the respondent normally lives (“the premises”) only if two conditions are met. (2) The first condition is that the order is made on the application of— (a) a local authority, (b) the chief officer of police for the police area that the premises are in, or (c) if the premises are owned or managed by a housing provider, that housing provider. (3) The second condition is that the court considers that— (a) the anti-social behaviour in which the respondent has engaged or threatens to engage consists of or includes the use or threatened use of violence against other persons, or (b) there is a significant risk of harm to other persons from the respondent. (4) For the purposes of this section a housing provider owns premises if— (a) the housing provider is a person (other than a mortgagee not in possession) entitled to dispose of the fee simple of the premises, whether in possession or in reversion, or (b) the housing provider is a person who holds or is entitled to the rents and profits of the premises under a lease that (when granted) was for a term of 3 years or more. Requirements included in respect orders D1 (1) A respect order that includes a requirement must specify the person (“the supervisor”) who is to be responsible for supervising compliance with the requirement. The supervisor may be an individual or an organisation. (2) Before including a requirement, the court must receive evidence about its suitability and enforceability from— (a) the individual to be specified as the supervisor, if an individual is to be specified; (b) an individual representing the organisation to be specified as the supervisor, if an organisation is to be specified. (3) Before including two or more requirements, the court must consider their compatibility with each other. (4) Where a court includes in a respect order a requirement the effect of which the court considers is to require the respondent to participate in a particular activity— (a) the court must declare the requirement to be an “activity requirement” for the purposes of this Part, and (b) the order must specify that the court has done so. (5) It is the duty of a person specified as the supervisor in relation to a requirement— (a) to make any necessary arrangements in connection with the requirements for which the supervisor has responsibility (the “relevant requirements”); (b) to promote the respondent’s compliance with the relevant requirements; (c) to inform the person who applied for the order and (if different) the appropriate chief officer of police if the supervisor considers that the respondent has complied with all the relevant requirements. (6) If the supervisor considers that the respondent has failed to comply with a relevant requirement, the supervisor must inform the person who applied for the order and (if different) the appropriate chief officer of police unless— (a) the supervisor considers that the respondent had a reasonable excuse for the failure, or (b) section H1 applies (duty to give warning for breach of activity requirement). (7) A respondent subject to a requirement included in a respect order must— (a) keep in touch with the supervisor in relation to that requirement, in accordance with any instructions given by the supervisor from time to time; (b) notify the supervisor of any change of address. These obligations have effect as requirements of the order. (8) In this section, “the appropriate chief officer of police” means— (a) the chief officer of police for the police area in which it appears to the supervisor that the respondent lives, or (b) if it appears to the supervisor that the respondent lives in more than one police area, whichever of the relevant chief officers of police the supervisor considers it most appropriate to inform. Procedure Applications without notice E1 (1) An application for a respect order may be made without notice being given to the respondent. (2) If an application is made without notice, the court must do one of the following— (a) adjourn the proceedings and make an interim order (see section F1); (b) adjourn the proceedings without making an interim order; (c) dismiss the application. (3) Rules of court may provide that an appeal from a decision of the High Court or the county court— (a) to dismiss an application for a respect order made without notice being given to the respondent, or (b) to refuse to make an interim order when adjourning proceedings following such an application, may be made without notice being given to the respondent. Interim respect orders F1 (1) This section applies where the court adjourns the hearing of an application (whether made with notice or without) for a respect order. (2) The court may make a respect order lasting until the final hearing of the application or until further order (an “interim respect order”) if the court considers it just to do so. (3) An interim respect order made at a hearing of which the respondent was not given notice may not have the effect of requiring the respondent to participate in particular activities. (4) Subject to that, the court has the same powers in relation to an interim respect order as it has in relation to a respect order made at a final hearing. Variation and discharge of respect orders G1 (1) The court may vary or discharge a respect order on the application of— (a) the person who applied for the order, or (b) the respondent. (2) In subsection (1) “the court” means the court that made the order. (3) The power to vary an order includes power to include an additional prohibition or requirement in the order, or to extend the period for which a prohibition or requirement has effect. (4) If an application under this section is dismissed, the party who made the dismissed application may make no further application under this section without— (a) the consent of the court, or (b) the agreement of the other party. (5) Section D1 applies to additional requirements included under subsection (3) as it applies to requirements included in a new order. Breaches of respect orders Duty to give warning for breach of activity requirement H1 (1) This section applies where— (a) the supervisor responsible for an activity requirement is of the opinion that the respondent has without reasonable excuse failed to comply with the requirement, and (b) the respondent has not been given a warning under this section in relation to the requirement within the period of 12 months ending with the date of the failure. (2) The supervisor must give the respondent a warning in relation to the requirement which— (a) must be in writing, (b) must describe the circumstances of the failure to comply, and (c) must inform the respondent that if the respondent breaches the activity requirement again within the period of 12 months beginning with the date on which the warning is given, the respondent will be liable to prosecution under section I1. (3) A warning under this section may be given to a person— (a) by hand, or (b) by sending it by first class post addressed to the person at the person’s last known address. (4) As soon as practicable after giving a warning under this section, the supervisor must record that fact. (5) In this section, “supervisor” has the meaning given by section D1(1). Offence of breach of respect order I1 (1) It is an offence for a person without reasonable excuse— (a) to do anything the person is prohibited from doing by a respect order, or (b) to fail to do anything the person is required to do by a respect order. (2) Subsection (1)(b) does not apply in relation to a failure to comply with an activity requirement unless, within the period of 12 months ending with the date of the failure, the person has been given a warning under section H1 in relation to that requirement. (3) A person who commits an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); (b) on conviction on indictment, to imprisonment for a period not exceeding 2 years or a fine (or both). (4) Where a person is convicted of an offence under this section it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge. (5) In proceedings for an offence under this section, a copy of the original order, certified by the proper officer of the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings. Supplementary Requirement to carry out risk assessment J1 (1) A person applying for a respect order must before doing so carry out a risk assessment in relation to the application. (2) A risk assessment, in relation to an application for a respect order, is an assessment of— (a) the risk of any person being caused harassment, alarm or distress by the respondent’s conduct, (b) any vulnerabilities of the respondent, (c) any alternative means of preventing the respondent from engaging in anti-social behaviour, and (d) such other matters as the person considers relevant. (3) A person required to carry out a risk assessment under this section must in doing so have regard to any guidance issued by the Secretary of State under section M1. Requirements to give notice of applications K1 (1) A person applying for a respect order must before doing so inform any person the applicant considers appropriate of the application. (2) Subsection (1) does not apply to a without-notice application. (3) Where the court adjourns a without-notice application, before the date of the first on-notice hearing the applicant must inform any other person the applicant considers appropriate of the application. (4) A person applying for variation or discharge of a respect order made on that person’s application must before doing so inform any other person the applicant considers appropriate of that application. (5) In this section— “on-notice hearing” means a hearing of which notice has been given to the applicant and the respondent in accordance with rules of court; “without-notice application” means an application made without notice under section E1. Special measures for witnesses L1 (1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in the case of vulnerable and intimidated witnesses) applies to proceedings under this Part as it applies to criminal proceedings, but with— (a) the omission of sections 17(4) to (7), 21(4C)(e), 22A, 27(10) and 32 of that Act (which make provision appropriate only in the context of criminal proceedings), and (b) any other necessary modifications. (2) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act apply to proceedings under this Part— (a) to the extent provided by rules of court, and (b) subject to any modifications provided by rules of court. (3) Section 47 of that Act (restrictions on reporting special measures directions etc) applies with any necessary modifications— (a) to a direction under section 19 of that Act as applied by this section; (b) to a direction discharging or varying such a direction. Sections 49 and 51 of that Act (offences) apply accordingly. (4) This section does not affect the application of any provision of that Act to criminal proceedings relating to an offence under section I1 of this Act. Guidance M1 (1) The Secretary of State may issue guidance to persons entitled to apply for orders under section A1 (see section B1) about the exercise of their functions under this Part. (2) The Secretary of State may revise any guidance issued under this section. (3) Before issuing or revising guidance under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate. (4) Subsection (3) does not apply to revisions that the Secretary of State considers are not substantial. (5) The requirement in subsection (3) to consult before issuing guidance may be satisfied by consultation carried out wholly or partly before this section comes into force. (6) The Secretary of State must arrange for any guidance issued or revised under this section to be published. Interpretation etc N1 (1) In this Part— “activity requirement” means a requirement which the court has declared to be an activity requirement for the purposes of this Part (see section D1(4)); “anti-social behaviour” has the meaning given by section A1(9); “harm” includes serious ill-treatment or abuse, whether physical or not; “housing provider” means— a housing trust (within the meaning given by section 2 of the Housing Associations Act 1985) that is a charity, a housing action trust established under section 62 of the Housing Act 1988, in relation to England, a non-profit private registered provider of social housing, in relation to Wales, a Welsh body registered as a social landlord under section 3 of the Housing Act 1996, or 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— 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; in relation to Wales, a county council or a county borough council; “respect order” means an order under section A1; “respondent” has the meaning given by section A1(1). (2) A person’s age is treated for the purposes of this Part as being that which it appears to the court to be after considering any available evidence. (3) In section 182(2) (orders and regulations subject to affirmative resolution procedure), before paragraph (a) insert— (za) regulations under section B1(7), . ## 2 Youth injunctions, housing injunctions and consequential amendments {#section-2} (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 (b) provide for the granting of injunctions against persons aged 18 or over for the purpose of preventing them from engaging in certain conduct capable of causing nuisance or annoyance relating to the occupation or management of housing. (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 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). (4) In subsection (3) “the commencement day” means the day on which Schedule 1 comes into force. ## 3 Maximum period for certain directions, notices and orders {#section-3} (1) The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows. (2) In section 35 (directions excluding a person from an area)— (a) in subsection (4), for “48 hours” substitute “72 hours”; (b) after subsection (7) insert— (7A) A police officer of at least the rank of inspector must review each direction given under this section that specifies an exclusion period exceeding 48 hours as soon as reasonably practicable after the expiry of the 48 hours. ; (c) in subsection (8), for “48 hours” substitute “72 hours”. (3) In section 77 (duration of closure notices)— (a) in subsection (1), for “24 hours” substitute “48 hours”; (b) in subsections (2) and (3), for “48 hours” substitute “72 hours”. (4) In section 81 (temporary orders), in subsection (2), for “48 hours” substitute “72 hours”. (5) After section 83 insert— Power of Secretary of State to change maximum duration of closure orders 83A (1) The Secretary of State may by regulations amend this Chapter so as to alter— (a) the maximum period that a closure order under section 80 may specify as the period for which access to the premises is prohibited; (b) the maximum period for which a closure order may be extended under section 82; (c) the maximum duration of a closure order extended under section 82. (2) Regulations under this section may make different provision for different purposes. (3) Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate. (6) In section 182(2) (orders and regulations), after paragraph (b) insert— (ba) regulations under section 83A, . ## 4 Fixed penalty notices {#section-4} (1) In Schedule 5 to the Police Reform Act 2002 (powers exercisable by accredited persons), in paragraph 1(2), after paragraph (ac) insert— (ad) the power of an authorised person to issue a fixed penalty notice under section 52 of the Anti-social Behaviour, Crime and Policing Act 2014 (fixed penalty notices in respect of failure to comply with community protection notice); (ae) the power of a constable or an authorised person to issue a fixed penalty notice under section 68 of the Anti-social Behaviour, Crime and Policing Act 2014 (fixed penalty notices in respect of offences relating to public spaces protection orders and expedited orders); . (2) The Anti-social Behaviour, Crime and Policing Act 2014 is amended as set out in subsections (3) to (6). (3) In section 52 (fixed penalty notices), in subsection (7), for “£100” substitute “£500”. (4) In section 56 (guidance)— (a) at the beginning insert— (A1) The Secretary of State must issue— (a) guidance to chief officers of police about the issue of fixed penalty notices under section 52 by officers under their direction or control, and (b) guidance to local authorities about the issue of fixed penalty notices under section 52 by local authorities and persons designated under section 53(1)(c). ; (b) in subsection (1)(a), after “those officers’” insert “other”; (c) in subsection (1)(b)— (i) after “their” insert “other”; (ii) for “those” substitute “other functions”; (d) after subsection (3) insert— (4) The Secretary of State must comply with the duty in subsection (A1)(a) and (b) within 6 months of the day on which the Crime and Policing Act 2026 is passed. (5) In section 68 (fixed penalty notices), in subsection (6), for “£100” substitute “£500”. (6) In section 73 (guidance)— (a) at the beginning insert— (A1) The Secretary of State must issue guidance to local authorities about the issue of fixed penalty notices under section 68 by persons authorised by local authorities under that section. ; (b) in subsection (1)(a), for “those” substitute “other functions”; (c) after subsection (3) insert— (4) The Secretary of State must comply with the duty in subsection (A1) within 6 months of the day on which the Crime and Policing Act 2026 is passed. ## 5 Closure of premises by registered social housing provider {#section-5} Schedule 2 amends Chapter 3 of Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014 so as to enable registered social housing providers to close premises that they own or manage which are associated with nuisance and disorder. ## 7 Provision of information about anti-social behaviour to Secretary of State {#section-7} 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 Provision of information to Secretary of State 105A (1) The Secretary of State may by regulations make provision requiring specified relevant authorities to provide to the Secretary of State specified information relating to anti-social behaviour. (2) The information that regulations may require a relevant authority to provide includes in particular information about— (a) reports of anti-social behaviour made to the authority, (b) responses of the authority to anti-social behaviour, and (c) ASB case reviews carried out by the relevant authority. (3) The regulations may require a relevant authority to— (a) collect or otherwise obtain information, (b) create information, (c) retain information, or (d) process information (including by collating or analysing it), for the purpose of providing information under the regulations. (4) The regulations may make provision— (a) requiring information to be provided at specified intervals or on specified occasions; (b) about the form and manner in which information must be provided. (5) The regulations may make different provision for different purposes. (6) Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate. (7) The requirement in subsection (6) may be satisfied by consultation carried out wholly or partly before this section comes into force. (8) In this section— “anti-social behaviour” includes— conduct that is anti-social behaviour for the purposes of any provision of this Act, 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 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; “relevant authority” means— a person mentioned in section 5(1) (persons entitled to apply for injunctions under Part 1) other than the Secretary of State, an integrated care board established under section 14Z25 of the National Health Service Act 2006 for an area in England, or a Local Health Board for an area in Wales; “specified” means specified in the regulations. ## 8 Seizure of motor vehicles used in manner causing alarm, distress or annoyance {#section-8} (1) In section 59 of the Police Reform Act 2002 (vehicles used in manner causing alarm, distress or annoyance) omit subsections (4) and (5) (powers of seizure etc exercisable only if warning given, subject to certain exceptions). (2) The amendment made by subsection (1) does not apply in relation to the use of a motor vehicle on any occasion before the coming into force of this section. ## 11 Offence of trespassing with intent to commit criminal offence {#section-11} (1) A person commits an offence if the person trespasses on any premises with intent to commit an offence (whether or not on the premises). (2) In subsection (1) “premises” means any building, part of a building or enclosed area. (3) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 3 on the standard scale (or both). ## 12 Arranging or facilitating begging for gain {#section-12} (1) A person commits an offence if, for gain, the person arranges or facilitates another person’s begging. (2) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both). (3) In subsection (2) “the maximum term for summary offences” means— (a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months; (b) if the offence is committed after that time, 51 weeks. ## 44 Application of Firearms Acts to sound moderators etc {#section-44} (1) The Firearms Act 1968 is amended as follows. (2) After section 2 insert— Possession of a sound moderator or flash suppressor 2A (1) Subject to any exemption under this Act, it is an offence for a person to have in their possession a relevant accessory unless the person holds a firearm certificate or a shot gun certificate. (2) “Relevant accessory” means an accessory to a firearm to which section 1 applies which is designed or adapted to diminish the noise or flash caused by firing the firearm. (3) In section 57 (interpretation)— (a) in subsection (1)— (i) omit paragraph (d); (ii) in the words after paragraph (d) omit “, and accessories to,”; (b) in subsection (4)— (i) after the definition of “registered” insert— “relevant accessory” has the meaning given in section 2A; ; (ii) in the definition of “shot gun”, omit the words from “and any” to the end. (4) In Schedule 6 (prosecution and punishment of offences) after the entry for section 2(2) insert— Section 2A | Possession of relevant accessory without certificate under this Act | Summary | A fine of level 3 on the standard scale . (5) Schedule 5 amends the exemptions in the Firearms Act 1968 and the Firearms (Amendment) Act 1988 to the requirement to hold a firearm or shot gun certificate. ## 50 Power to make CCE prevention order {#section-50} (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 52, (b) a person is acquitted of any offence, by or before a court, (c) the Crown Court allows a person’s appeal against a conviction for any offence, or (d) the court deals with a person in respect of a finding that— (i) the person is not guilty of any offence by reason of insanity, or (ii) the person is under a disability and has done the act charged against them in respect of any offence. (2) The court may make an order under section 51 (a “CCE prevention order”) in respect of the person (“the defendant”) if they are aged 18 or over and the conditions in subsections (3) to (5) are met. (3) The first condition is that— (a) in any case, the court is satisfied on the balance of probabilities that the defendant has engaged in child criminal exploitation or in conduct associated with child criminal exploitation, or (b) in a case within subsection (1)(d), the offence in question is an offence under section 48. (4) The second condition is that the court considers that there is a risk that the defendant will engage in child criminal exploitation. (5) The third condition is that the court considers that it is necessary to make the order to prevent the defendant from engaging, or reduce the likelihood of the defendant engaging, in child criminal exploitation. (6) In subsection (3)— (a) in paragraph (a), the reference to engaging in anything includes engaging in it before (as well as after) the time when this section comes into force; (b) paragraph (b) applies in relation to findings made in respect of conduct occurring before (as well as after) that time. (7) In this section and sections 51 to 60— (a) a reference to a person “engaging in child criminal exploitation” is to the person— (i) doing anything that constitutes an offence under section 48 (as it has effect in England and Wales), or (ii) doing anything in Scotland or Northern Ireland that would constitute an offence under section 48 (as it has effect in England and Wales) if done in England and Wales; (b) a reference to a person “engaging in conduct associated with child criminal exploitation” is to the person doing anything, in any part of the United Kingdom, that is associated with the doing of anything within paragraph (a)(i) or (ii). ## 58 Appeals {#section-58} (1) A relevant person may appeal to the relevant court against a decision made— (a) on an application under section 52 (applications for CCE prevention orders); (b) under section 54 (interim CCE prevention orders); (c) on an application under section 57 (variation and discharge of CCE prevention orders). (2) In this section— “relevant court” means— in the case of a decision of a magistrates’ court, the Crown Court; in the case of a decision of the Crown Court, the Court of Appeal; “relevant person” means— the person who made the application to which the decision relates, the defendant, the chief officer of police for the police area in which the defendant lives, or a chief officer of police who believes that the defendant is in, or is intending to come to, the chief officer’s police area. (3) On an appeal under subsection (1) the relevant court may make— (a) such orders as may be necessary to give effect to its determination of the appeal, and (b) such incidental and consequential orders as appear to it to be appropriate. (4) Where a CCE prevention order is made by virtue of paragraph (b), (c) or (d) of section 50(1), the defendant may appeal against the making of the order (so far as they could not otherwise do so) as if the defendant had been convicted of the offence and the order were a sentence passed on the defendant for that offence. (5) Where a CCE prevention order is made on appeal, for the purposes of this Chapter (other than this section) the order is to be treated as made by the court from which the appeal was made. (6) Rules of court may provide that an appeal from a decision— (a) to dismiss an application for a CCE prevention order made without notice being given to the defendant, or (b) to refuse to make an interim CCE prevention order when adjourning proceedings following such an application, may be made without notice being given to the defendant. ## 61 Special measures for witnesses {#section-61} (1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in the case of vulnerable and intimidated witnesses) applies to relevant proceedings under this Chapter as it applies to criminal proceedings, but with— (a) the omission of sections 17(4) to (7), 21(4C)(e), 22A, 27(10) and 32 of that Act (which make provision appropriate only in the context of criminal proceedings), and (b) any other necessary modifications. (2) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act apply to relevant proceedings under this Chapter— (a) to the extent provided by rules of court, and (b) subject to any modifications provided by rules of court. (3) Section 47 of that Act (restrictions on reporting special measures directions etc) applies with any necessary modifications— (a) to a direction under section 19 of that Act as applied by this section; (b) to a direction discharging or varying such a direction. Sections 49 and 51 of that Act (offences) apply accordingly. (4) In this section “relevant proceedings under this Chapter” means any proceedings under this Chapter except proceedings relating to an offence under section 48, 59 or 60. ## 62 Interpretation and supplementary provision {#section-62} (1) In sections 50 to 60— “CCE prevention order”, except in paragraphs (b) and (c) of section 59(2), means an order under section 51 (and accordingly includes an interim order made by virtue of section 54); “defendant” has the same meaning as in section 50; “engaging in child criminal exploitation” has the meaning given by section 50 (and related expressions are to be construed accordingly). (2) An application under this Chapter is to be made— (a) by complaint, where the application is made to a magistrates’ court; (b) in accordance with rules of court, in any other case. (3) Section 127 of the Magistrates’ Courts Act 1980 (time limit for complaints etc) does not apply to a complaint under this Chapter. (4) On the hearing of an application under this Chapter, section 97 of the Magistrates’ Courts Act 1980 (summons to witness and warrant for arrest) does not apply in relation to any person for whose protection the order is sought, except where the person has given oral or written evidence at the hearing. ## 63 Orders made on conviction {#section-63} Schedule 6 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. ## 68 Causing internal concealment of item for criminal purpose {#section-68} (1) A person (“A”) commits an offence if— (a) A intentionally causes a person other than A who is a child (“C”) to conceal a specified item inside C’s body, and (b) the condition in subsection (3) is met. (2) It does not matter whether the specified item gets inside C’s body by an act of A or C or another person. (3) The condition is that A— (a) knows or reasonably suspects that the specified item has been used in connection with criminal conduct, or (b) intends the specified item to be, or knows or reasonably suspects that the specified item may be, used in connection with criminal conduct. (4) A person (“A”) commits an offence if— (a) any of the following occurs, where B is a person other than A who is not a child— (i) A compels B to conceal a specified item inside B’s body, (ii) A coerces or deceives B into concealing a specified item inside B’s body, or (iii) A engages in controlling or manipulative behaviour towards B, as a result of which B conceals a specified item inside B’s body, and (b) the condition in subsection (3) is met. (5) It does not matter whether the specified item gets inside B’s body by an act of A or B or another person. (6) A is to be treated as acting in a way mentioned in subsection (4)(a) where A intentionally causes another person to act in that way (as well as where A acts in that way themselves). (7) In considering whether a person’s behaviour towards B is controlling or manipulative, regard may be had to the nature of the relationship between the person and B and to any of B’s personal circumstances which may make B more vulnerable than other persons. (8) For the purposes of this section the following are specified items— (a) controlled drugs within the meaning of the Misuse of Drugs Act 1971; (b) psychoactive substances within the meaning of the Psychoactive Substances Act 2016; (c) a mobile telephone; (d) a SIM card; (e) an electronic device; (f) cash; (g) a payment card; (h) jewellery; (i) any article made or adapted for use for causing injury to persons, or capable of causing serious injury to persons; (j) any weapon to which section 141 of the Criminal Justice Act 1988 (offensive weapons) applies, as that section applies in England and Wales. (9) The Secretary of State may by regulations amend this section for the purpose of changing the items which are specified items. (10) A person who commits an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both). (11) In this section— “child” means a person under the age of 18; “criminal conduct” means— a criminal offence, or anything done outside England and Wales which would constitute a criminal offence if done in England or Wales; “electronic device” means any device on which information is capable of being stored electronically and includes any component of such a device; “payment card” means a credit card, a charge card, a prepaid card or a debit card; “SIM card” means a removable physical subscriber identity module. (12) In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 36D (inserted by section 48), after the entry for section 48 insert— section 68 (causing internal concealment of item for criminal purpose) . ## 69 Secretary of State guidance {#section-69} (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 48; (b) CCE prevention orders under section 51; (c) CCE prevention orders within the meaning of Chapter 2A of Part 11 of the Sentencing Code (orders made on conviction); (d) the prevention, detection and investigation of offences under section 65; (e) the prevention, detection and investigation of offences under section 68. (2) A relevant officer must have regard to any guidance issued under this section. (3) “Relevant officer” means— (a) a chief officer of police, within the meaning of section 101(1) of the Police Act 1996, (b) the chief constable of the Ministry of Defence Police, (c) the Chief Constable of the British Transport Police Force, and (d) the Director General of the National Crime Agency. (4) But subsections (1) and (2) do not apply to the exercise of functions in connection with the matters in subsection (1)(a) or (d) by— (a) the Chief Constable of the British Transport Police Force, or (b) the Director General of the National Crime Agency, in relation to Scotland. (5) The Secretary of State may revise any guidance issued under this section. (6) Before issuing any guidance or revisions under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate. (7) Subsection (6) does not apply to revisions if the Secretary of State considers that they are not substantial. (8) The Secretary of State must publish any guidance or revisions issued under this section. ## 70 Department of Justice guidance {#section-70} (1) The Department of Justice in Northern Ireland (“the Department”) may issue guidance to the Chief Constable of the Police Service of Northern Ireland about the exercise of the Chief Constable’s functions in connection with— (a) the prevention, detection and investigation of offences under section 48; (b) the prevention, detection and investigation of offences under section 65; (c) CCE prevention orders under Schedule 8. (2) The Chief Constable of the Police Service of Northern Ireland must have regard to any guidance issued under this section. (3) The Department may revise any guidance issued under this section. (4) Before issuing any guidance or revisions under this section, the Department must consult such persons as it considers appropriate. (5) Subsection (4) does not apply to revisions if the Department considers that they are not substantial. (6) The Department must publish any guidance or revisions issued under this section. ## 83 Child sex offences: grooming aggravating factor {#section-83} (1) In the Sentencing Code after section 70 insert— Sexual grooming of child 70A (1) This section applies where— (a) a court is considering the seriousness of a specified child sex offence, (b) the offence is aggravated by grooming, and (c) the offender was aged 18 or over when the offence was committed. (2) The court— (a) must treat the fact that the offence is aggravated by grooming as an aggravating factor, and (b) must state in open court that the offence is so aggravated. (3) An offence is “aggravated by grooming” if— (a) the offence was facilitated by, or involved, the offender grooming a person under the age of 18, or (b) the offence was facilitated by, or involved, a person other than the offender grooming a person under the age of 18 and the offender knew, or could reasonably be expected to have known, about the grooming when the offence was committed. The person groomed need not have been a victim of the offence. (4) In this section “specified child sex offence” means— (a) an offence within any of subsections (5) to (7), or (b) an inchoate offence in relation to any such offence. (5) An offence is within this subsection if it is— (a) an offence under section 1 of the Protection of Children Act 1978 (taking etc indecent photograph of child), (b) an offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child), (c) an offence under any of sections 5 to 8 of the Sexual Offences Act 2003 (rape and other offences against children under 13), (d) an offence under any of sections 8A to 8C of that Act (rape and other offences against children under 16), (e) an offence under any of sections 9 to 12 of that Act (other child sex offences), (f) an offence under section 14 of that Act (arranging or facilitating commission of child sex offence), (g) an offence under any of sections 16 to 19 of that Act (abuse of position of trust), (h) an offence under section 25 or 26 of that Act (familial child sex offences), or (i) an offence under any of sections 47 to 50 of that Act (sexual exploitation of children). (6) An offence is within this subsection if it is— (a) an offence under any of sections 1 to 4 of the Sexual Offences Act 2003 (rape, assault and causing sexual activity without consent), (b) an offence under any of sections 30 to 41 of that Act (sexual offences relating to persons with mental disorder), (c) an offence under any of sections 61 to 63 of that Act (preparatory offences), or (d) an offence under any of sections 66 to 66B, 67 or 67A of that Act (offences relating to exposure, intimate images and voyeurism), and the victim or intended victim was under the age of 18. (7) An offence is within this subsection if it is an offence under section 71 of the Sexual Offences Act 2003 (sexual activity in a public lavatory) and a person involved in the activity in question was under the age of 18. (8) Nothing in this section prevents a court from treating any other grooming of a person as an aggravating factor. (9) This section applies in relation to a person convicted of an offence on or after the day on which section 83 of the Crime and Policing Act 2026 comes into force. (2) In section 238 of the Armed Forces Act 2006 (deciding the seriousness of an offence), after subsection (7) insert— (8) In section 70A of the Sentencing Code (sexual grooming of child as aggravating factor)— (a) the references in that section to a court are to be read as including a court dealing with an offender for a service offence, and (b) the reference in subsection (1) to a specified child sex offence is to be read as including a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is a specified child sex offence. ## 84 Power to scan for child sexual abuse images at the border {#section-84} After section 164A of the Customs and Excise Management Act 1979 (powers to search for cash) insert— Power to scan for child sexual abuse images 164B (1) This section applies if there are reasonable grounds to suspect that a person to whom section 164 applies is carrying an electronic device storing child sexual abuse images. (2) If this section applies, an officer may— (a) scan the information stored on the device using technology approved by the Secretary of State for the purpose of ascertaining whether information stored on an electronic device includes child sexual abuse images, (b) require the person to permit the scan, and (c) require the person to take such steps as appear necessary to allow the scan to be performed. (3) In this section— “child sexual abuse image” means— 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; in relation to Scotland, an indecent photograph or pseudo-photograph of a child; “electronic device” means any article on which information is capable of being stored in electronic form, and includes any component of such an article; “indecent photograph or pseudo-photograph of a child” has— in relation to England and Wales, the same meaning as in the Protection of Children Act 1978; in relation to Scotland, the same meaning as in section 52 of the Civic Government (Scotland) Act 1982; 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. ## 96 Removal of limitation period in child sexual abuse cases {#section-96} (1) The Limitation Act 1980 is amended as follows. (2) After section 11 insert— Actions in respect of personal injuries attributable to child sexual abuse 11ZA (1) None of the time limits given in the preceding provisions of this Act apply to an action to which this section applies. (2) This section applies to any action for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision) which meets conditions 1 to 3. (3) Condition 1 is that the damages claimed by the claimant consist of or include damages in respect of personal injuries to the claimant. (4) Condition 2 is that the claimant was under 18 on the date on which the cause of action accrued. (5) Condition 3 is that the act or omission to which the claimant’s personal injuries were attributable constituted sexual abuse. (6) This section applies in relation to actions brought, and causes of action accrued, before (as well as after) this section comes into force. (7) But it does not apply in relation to a claim which, before this section comes into force, was settled by agreement between the parties or determined by a court (whether or not the determination is subject to appeal). (8) This section does not apply to any action brought for damages under section 3 of the Protection from Harassment Act 1997. (9) This section does not apply to a cause of action surviving for the benefit of a person’s estate by virtue of section 1 of the Law Reform (Miscellaneous Provisions) Act 1934, except where an action was brought by the person before the person’s death. Dismissal of actions in respect of personal injuries attributable to child sexual abuse 11ZB (1) This section applies where an action to which section 11ZA applies is brought after the expiration of the time limit that would apply but for that section (disregarding the possibility of the time limit being disapplied under section 33). (2) The court must dismiss the action if the defendant satisfies the court that it is not possible for a fair hearing to take place. (3) In this section “the court” means the court in which the action has been brought. (3) In section 12 (special time limit for actions under Fatal Accidents legislation) after subsection (1) insert— (1A) An action under the Fatal Accidents Act 1976 may not be brought if— (a) section 11ZA would have applied to an action by the person injured to recover damages in respect of the injury, and (b) the death occurred after the expiration of the time limit that would have applied but for that section (disregarding the possibility of that time limit being overridden under section 33). (4) In section 14B(1) (overriding time limit for negligence actions) after “section 11” insert “or 11ZA”. ## 97 Guidance about disclosure of information by police for purpose of preventing sex offending {#section-97} (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; (b) revise any guidance issued under this section. (2) A chief officer must have regard to any guidance issued under this section. (3) Subsections (1) and (2) do not apply in relation to functions of the Chief Constable of the British Transport Police in relation to Scotland. (4) Before issuing or revising guidance under this section, the Secretary of State must consult— (a) the National Police Chiefs’ Council, and (b) such other persons as the Secretary of State considers appropriate. (5) Subsection (4) does not apply to revisions if the Secretary of State considers that they are not substantial. (6) The Secretary of State must publish any guidance or revisions issued under this section. (7) In this section— “chief officer” means— the chief officer of police of a police force maintained by a local policing body, the Chief Constable of the British Transport Police Force, or the chief constable of the Ministry of Defence Police; “police information” means, in relation to a chief officer, information held by the police force in question; “relevant sexual offence” means an offence listed in Schedule 3 to the Sexual Offences Act 2003. (8) In construing the reference in subsection (7) to an offence listed in Schedule 3 to the Sexual Offences Act 2003, disregard any condition subject to which an offence is so listed that relates to— (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. ## 98 Offences relating to semen-defaced images, intimate photographs or films and voyeurism {#section-98} Schedule 13 makes provision in connection with offences relating to semen-defaced images, intimate photographs or films and voyeurism. ## 99 Purported intimate image generators {#section-99} (1) The Sexual Offences Act 2003 is amended as follows. (2) After section 66H insert— Making or supplying purported intimate image generators 66I (1) A person commits an offence if the person— (a) makes or adapts a thing, or (b) supplies or offers to supply a thing, for use as a generator of purported intimate images. (2) A “generator of purported intimate images” is a thing for creating, or facilitating the creation of, purported intimate images of a person. (3) A person makes, adapts, supplies, or offers to supply a thing for use as a generator of purported intimate images if a reasonable person (having regard to all the circumstances) would consider that they do so. (4) It is a defence for a person charged with an offence under this section to prove that they took all reasonable steps to prevent the thing being used for creating, or facilitating the creation of, purported intimate images of a person without the person’s consent. (5) A person who commits an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); (b) on conviction on indictment, to imprisonment for a term not exceeding 3 years or a fine (or both). (6) Section 72(1) applies in relation to an act which, if done in England and Wales, would constitute an offence under this section as if references to a United Kingdom national included— (a) a body incorporated under the law of any part of the United Kingdom, or (b) an unincorporated association formed under the law of any part of the United Kingdom. (7) In this section— “purported intimate image” of a person, and references to creating a purported intimate image of a person, have the same meaning as in section 66E; “thing” includes a program, information in electronic form and a service. Section 66I: further defences 66J (1) It is a defence for a person charged with an offence under section 66I to prove that the person did the act which constituted the offence for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world. (2) It is a defence for a person charged with an offence under section 66I to prove that the person— (a) was a member of the Security Service, the Secret Intelligence Service or GCHQ (a “security body”), and (b) did the act which constituted the offence for the purposes of the exercise of any function of the security body. (3) “GCHQ” has the meaning given by section 3 of the Intelligence Services Act 1994. (4) It is a defence for a person charged with an offence under section 66I to prove that the person— (a) 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 (b) did the act which constituted the offence for the purposes of OFCOM’s exercise of any of its online safety functions. (5) In subsection (4)— (a) “OFCOM” means the Office of Communications; (b) a reference to OFCOM’s “online safety functions” has the meaning given by section 235 of the Online Safety Act 2023. Section 66I: application to internet service providers 66K (1) An internet service provider does not commit an offence under section 66I by— (a) providing access to a communication network, or (b) transmitting, in a communication network, information provided by a user, if the provider does not— (i) initiate the transmission, (ii) select the recipient of the transmission, or (iii) select or modify the information contained in the transmission. (2) The references in subsection (1) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage— (a) is automatic, intermediate and transient, (b) is solely for the purpose of carrying out the transmission in the network, and (c) is for no longer than is reasonably necessary for the transmission. (3) An internet service provider does not commit an offence under section 66I by storing information provided by a user for transmission in a communication network if— (a) the storage of the information— (i) is automatic, intermediate and temporary, and (ii) is solely for the purpose of making more efficient the onward transmission of the information to other users at their request, and (b) the internet service provider— (i) does not modify the information, (ii) complies with any conditions attached to having access to the information, and (iii) on knowing of a matter within subsection (4), promptly removes the information or disables access to it. (4) The matters within this subsection are that— (a) the information at the initial source of the transmission has been removed from the network, (b) access to it has been disabled, or (c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information. (5) An internet service provider does not commit an offence under section 66I by storing information provided by a user who is not acting under the authority or control of the provider if— (a) when the information was provided the provider did not know that it was, or contained, a generator of purported intimate images, and (b) on knowing that the information was, or contained, a generator of purported intimate images, the provider promptly removed the information or disabled access to it. (6) In this section— “generator of purported intimate images” has the same meaning as in section 66I; “internet service provider” means a provider of— a service that is made available by means of the internet, or a service that provides access to the internet; “user”, in relation to an internet service provider, means a user of a service provided by the internet service provider. Liability for offence under section 66I committed by bodies 66L (1) This section applies where an offence under section 66I is committed by a body. (2) If the offence is committed with the consent or connivance of— (a) a relevant person in relation to the body, or (b) a person purporting to act in the capacity of a relevant person in relation to the body, the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly. (3) In this section— “body” means a body corporate, a partnership or an unincorporated association other than a partnership; “relevant person”, in relation to a body, means— in the case of a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body; in the case of a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it; in the case of a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907); in the case of any other partnership, a partner; in the case of an unincorporated association other than a partnership, a person who exercises functions of management with respect to it. (3) In section 79(5) (meaning of references to image of a person), for “and 66G” substitute “, 66G and 66I”. (4) In paragraph 1 of Schedule 2 (sexual offences for purposes of section 72), after paragraph (c) insert— (ca) an offence under section 66I; . (5) In Schedule 3 (sexual offences for purposes of Part 2), after paragraph 33B insert— 33C An offence under section 66I of this Act (purported intimate image generators), if the offender is sentenced in respect of the offence to imprisonment for a term of at least 12 months. ## 100 Taking down intimate image content {#section-100} (1) The Online Safety Act 2023 is amended as follows. (2) In section 10 (regulated user-to-user services: safety duties about illegal content) after subsection (3) insert— (3A) A duty to operate a service using proportionate systems and processes designed to take down— (a) content in relation to which an intimate image content report is made to the provider (see section 20A(2)), and (b) any other content identified by the provider as the same, or substantially the same, as that content, as soon as reasonably practicable, and no later than 48 hours, after the provider receives the report (unless subsection (3B) applies). (3B) This subsection applies if the provider considers that— (a) the content is not intimate image content, or (b) the person making the report is not— (i) the subject of the content, or (ii) a person acting on that person’s behalf. (3) After section 20 (duty about content reporting) insert— Reporting of intimate image content 20A (1) The duty in section 20(2) includes a duty to operate a service using systems and processes that allow users and affected persons to easily make an intimate image content report to the provider. (2) An “intimate image content report” is a report which— (a) declares that content present on the service is intimate image content, (b) declares that the report is made by— (i) the subject of the content, or (ii) a person acting on that person’s behalf, (c) declares that the report— (i) is made in good faith, and (ii) to the best of the knowledge and belief of the person making the report, is true, (d) provides sufficient information about the content for the provider to identify it, (e) provides contact details for the person making the report, and (f) complies with any other requirements specified in regulations made by the Secretary of State. (3) The Secretary of State may by regulations make provision about how the requirements in subsection (2)(a) to (e) are to be met. (4) In section 21 (duties about complaints procedures) after subsection (2) insert— (2A) The duty in subsection (2) includes a duty to operate an expedited complaints procedure in relation to complaints within subsection (4)(a), (b)(i) or (b)(ii) that— (a) are made by users or affected persons who have made an intimate image content report (see section 20A(2)), and (b) are about the content to which the report relates. (5) In section 27 (regulated search services: safety duties about illegal content) after subsection (3) insert— (3A) A duty to operate a service using proportionate systems and processes designed to ensure that individuals are no longer able to encounter— (a) search content in relation to which an intimate image content report is made to the provider (see section 31A(2)), and (b) any other search content identified by the provider as the same, or substantially the same, as that content, as soon as reasonably practicable, and no later than 48 hours, after the provider receives the report (unless subsection (3B) applies). (3B) This subsection applies if the provider considers that— (a) the search content is not intimate image content, or (b) the person making the report is not— (i) the subject of the content, or (ii) a person acting on that person’s behalf. (6) After section 31 (duty about content reporting) insert— Reporting of intimate image content 31A (1) The duty in section 31(2) includes a duty to operate a service using systems and processes that allow users and affected persons to easily make an intimate image content report to the provider. (2) An “intimate image content report” is a report which— (a) declares that search content is intimate image content, (b) declares that the report is made by— (i) the subject of the content, or (ii) a person acting on that person’s behalf, (c) declares that the report— (i) is made in good faith, and (ii) to the best of the knowledge and belief of the person making the report, is true, (d) provides sufficient information about the search content for the provider to identify it, (e) provides contact details for the person making the report, and (f) complies with any other requirements specified in regulations made by the Secretary of State. (3) The Secretary of State may by regulations make provision about how the requirements in subsection (2)(a) to (e) are to be met. (7) In section 32 (duties about complaints procedures) after subsection (2) insert— (2A) The duty in subsection (2) includes a duty to operate an expedited complaints procedure in relation to complaints within subsection (4)(a), (b)(i) or (b)(ii) that— (a) are made by users or affected persons who have made an intimate image content report (see section 31A(2)), and (b) are about the search content to which the report relates. (8) In section 59 (meaning of “illegal content” etc) after subsection (10) insert— (10A) “Intimate image content” means content that amounts to an offence under section 66B(1), (2) or (3) of the Sexual Offences Act 2003 (sharing intimate image of a person without consent). (9) In section 133 (confirmation decisions: requirements to take steps)— (a) in subsection (4) after paragraph (c) insert— (ca) specify which of those requirements (if any) have been designated as intimate image content requirements (see subsections (7A) and (7B)), ; (b) after subsection (7) insert— (7A) If the condition in subsection (7B) is met in relation to a requirement imposed by a confirmation decision which is of a kind described in subsection (1), OFCOM must designate the requirement as an “intimate image content requirement” for the purposes of section 138(3A) (offence of failure to comply with confirmation decision). (7B) The condition referred to in subsection (7A) is that the requirement is imposed (whether or not exclusively) in relation to— (a) a failure to comply with a provision listed in column 1 of the table, which (b) where there is an entry for the provision in column 2 of the table, is in respect of a matter listed in column 2. Provision | Failure in respect of Section 10(2)(a) | Intimate image content Priority illegal content which includes intimate image content Section 10(2)(b) | An offence under section 66B of the Sexual Offences Act 2003 Priority offences which include an offence under that section Section 10(3)(a) | Intimate image content Priority illegal content which includes intimate image content Section 10(3)(b) | Intimate image content Illegal content which includes intimate image content Section 10(3A) Section 27(3)(a) | Intimate image content Priority illegal content which includes intimate image content Section 27(3)(b) | Intimate image content Illegal content which includes intimate image content Section 27(3A) ; (c) in subsection (10) after ““CSEA content”,” insert ““intimate image content”,”. (10) In section 138 (offence of failing to comply with requirements imposed by confirmation decision) after subsection (3) insert— (3A) A person to whom a confirmation decision is given commits an offence if, without reasonable excuse, the person fails to comply with an intimate image content requirement imposed by the decision (see section 133(7A) and (7B)). ## 101 Taking down intimate image content: consequential amendments {#section-101} (1) The Online Safety Act 2023 is amended as follows. (2) In section 10 (regulated user-to-user services: safety duties about illegal content)— (a) in subsection (4) for “and (3)” substitute “to (3A)”; (b) in subsection (5)— (i) the words from “each paragraph” to the end become paragraph (a); (ii) at the end of that paragraph insert , and (b) subsection (3A). ; (c) in subsection (7) for “subsection (2) or (3)” substitute “subsections (2) to (3A)”. (3) In section 23(5) (record-keeping and review duties) for “or (3)”, in the first place it occurs, substitute “, (3) or (3A)”. (4) In section 27 (regulated search services: safety duties about illegal content)— (a) in subsection (4) for “and (3)” substitute “to (3A)”; (b) in subsection (7) for “subsection (2) or (3)” substitute “subsections (2) to (3A)”. (5) In section 34(5) (record-keeping and review duties), for “or (3)”, in the first place it occurs, substitute “, (3) or (3A)”. (6) In section 59(14) (meaning of “illegal content” etc) for “and “priority illegal content”” substitute “, “priority illegal content” and “intimate image content””. (7) In section 71(2)(a)(i) (duty not to take down content except in accordance with terms of service: exceptions) for “or (3)” substitute “, (3) or (3A)”. (8) In section 136(5) (confirmation decisions: proactive technology)— (a) in paragraph (a) for “or (3)” substitute “, (3) or (3A)”; (b) in paragraph (c) for “or (3)” substitute “, (3) or (3A)”. (9) In section 237 (index of defined terms) at the appropriate place insert— intimate image content (in Part 3) | section 59 . (10) In Schedule 4 (codes of practice)— (a) in paragraph 9(1) for “or (3)” substitute “, (3) or (3A)”; (b) in paragraph 9(3) for “or (3)” substitute “, (3) or (3A)”; (c) in paragraph 13(3)(a) for “or (3)” substitute “, (3) or (3A)”; (d) in paragraph 13(3)(c) for “or (3)” substitute “, (3) or (3A)”. ## 103 Intimate image material: reporting and registration {#section-103} Schedule 14 makes provision about the reporting and registration of intimate image material. ## 104 Pornographic images of strangulation or suffocation: England and Wales and Northern Ireland {#section-104} (1) After section 67 of the Criminal Justice and Immigration Act 2008 insert— Possession or publication of pornographic images of strangulation or suffocation 67A (1) It is an offence for a person to be in possession of an image if— (a) the image is pornographic, within the meaning of section 63, (b) the image portrays, in an explicit and realistic way, a person strangling or suffocating another person, and (c) a reasonable person looking at the image would think that the persons were real. (2) It is an offence for a person to publish an image of the kind mentioned in subsection (1). (3) Publishing an image includes giving or making it available to another person by any means. (4) Subsections (1) and (2) do not apply to excluded images, within the meaning of section 64. (5) In this section “image” has the same meaning as in section 63. (6) Proceedings for an offence under this section may not be instituted— (a) in England and Wales, except by or with the consent of the Director of Public Prosecutions; (b) in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland. Defences to offences under section 67A 67B (1) Where a person is charged with an offence under section 67A(1), it is a defence for the person to prove any of the matters mentioned in subsection (2). (2) The matters are— (a) that the person had a legitimate reason for being in possession of the image concerned; (b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67A(1); (c) that the person— (i) was sent the image concerned without any prior request having been made by or on behalf of the person, and (ii) did not keep it for an unreasonable time; (d) that the person directly participated in the act portrayed and the act did not involve the infliction of any non-consensual harm on any person. (3) Where a person is charged with an offence under section 67A(2), it is a defence for the person to prove any of the matters mentioned in subsection (4). (4) The matters are— (a) that the person had a legitimate reason for publishing the image concerned to the persons to whom they published it; (b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67A(1); (c) that the person directly participated in the act portrayed, the act did not involve the infliction of any non-consensual harm on any person, and the person only published the image to other persons who directly participated. (5) In this section “non-consensual harm” has the same meaning as in section 66. Penalties for offences under section 67A 67C (1) A person who commits an offence under section 67A(1) is liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); (b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine (or both); (c) on conviction on indictment in England and Wales or Northern Ireland, to imprisonment for a term not exceeding two years or a fine (or both). (2) A person who commits an offence under section 67A(2) is liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); (b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine (or both); (c) on conviction on indictment in England and Wales or Northern Ireland, to imprisonment for a term not exceeding five years or a fine (or both). Possession of extreme pornographic images: alternative verdict in magistrates’ court 67D If on the trial of a person charged with an offence under section 63 a magistrates’ court finds the person not guilty of the offence charged, the magistrates’ court may find the person guilty of an offence under section 67A(1). (2) In section 68 of that Act (special rules relating to providers of information society services) for “section 63” substitute “sections 63, 67A”. (3) In Schedule 14 to that Act (special rules relating to providers of information society services)— (a) in paragraphs 3(1), 4(2) and 5(1) after “63” insert “, 67A”; (b) in paragraph 5(2)— (i) after “possession” insert “or publication”; (ii) for “an offence under section 63” substitute “the offence in question”. (4) In Schedule 34A to the Criminal Justice Act 2003 (child sex offences for purposes of section 327A), after paragraph 13 insert— 13ZA An offence under section 67A of that Act (possession or publication of pornographic images of strangulation or suffocation) in relation to an image showing a person under 18. (5) In Schedule 7 to the Online Safety Act 2023 (priority offences), in paragraph 29— (a) for “section 63” substitute “any of the following provisions”; (b) for the words in brackets substitute — (a) section 63 (possession of extreme pornographic images); (b) section 67A (possession or publication of pornographic images of strangulation or suffocation) . ## 106 Pornographic images of sex between relatives {#section-106} (1) After section 67D of the Criminal Justice and Immigration Act 2008 (inserted by section 104 of this Act) insert— Possession or publication of pornographic images of sex between relatives 67E (1) It is an offence for a person (P) to be in possession of an image if— (a) the image is pornographic, within the meaning of section 63, (b) the image portrays, in an explicit and realistic way, a person (A) sexually penetrating— (i) the vagina or anus of another person (B) with a part of A’s body or anything else, or (ii) B’s mouth with A’s penis, (c) a reasonable person looking at the image would think that A and B were real, and (d) a reasonable person— (i) looking at the image, and (ii) taking into account any sound or information associated with the image, would think what is set out in subsection (2) or (3). (2) That A and B were related, or pretending to be related, such that A was related to B as parent, grandparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece. (3) That— (a) A and B were related or had been related, or were pretending to be related or to have been related, such that A was or had been related to B as step-parent, step-child, stepbrother, stepsister, foster parent or foster child, and (b) at least one of A and B was, or was pretending to be, under 18. (4) It is an offence for a person to publish an image of the kind mentioned in subsection (1). (5) Publishing an image includes giving or making it available to another person by any means. (6) For the purpose of subsection (1)(d) the reference to sound or information associated with the image is— (a) when subsection (1)(d) applies for the purpose of an offence under subsection (1), to sound, or information, associated with the image that is in P’s possession, and (b) when subsection (1)(d) applies for the purpose of an offence under subsection (4), to sound, or information, associated with the image that the person in subsection (4) publishes with the image. (7) For the purpose of subsections (2) and (3), A and B are not to be taken as pretending to be related if it is fanciful that they actually were or had been related in the way pretended. (8) In subsection (2)— (a) “parent” includes an adoptive parent; (b) “child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002; (c) “uncle” means the brother of a person’s parent, and “aunt” has a corresponding meaning; (d) “nephew” means the child of a person’s brother or sister, and “niece” has a corresponding meaning. (9) In subsection (3), “step-parent”, “stepbrother”, “stepsister” and “foster parent” have the meanings given by section 27(5) of the Sexual Offences Act 2003; and “step-child” and “foster child” have corresponding meanings. (10) For the purpose of this section— (a) “image” has the same meaning as in section 63; (b) penetration is a continuing act from entry to withdrawal; (c) “vagina” includes vulva; (d) references to a part of the body include references to a part surgically constructed (in particular through gender reassignment surgery). (11) Subsections (1) and (4) do not apply to excluded images, within the meaning of section 64. (12) Nothing in— (a) section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or (b) section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date), is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (8)(a) or (b). (13) Proceedings for an offence under this section may not be instituted except by or with the consent of the Director of Public Prosecutions. Defences to offence under section 67E 67F (1) Where a person is charged with an offence under section 67E(1), it is a defence for the person to prove any of the matters mentioned in subsection (2). (2) The matters are— (a) that the person had a legitimate reason for being in possession of the image concerned; (b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67E(1); (c) that the person— (i) was sent the image concerned without any prior request having been made by or on behalf of the person, and (ii) did not keep it for an unreasonable time; (d) that— (i) the person directly participated in the act portrayed as person A or B mentioned in section 67E(1)(b), (ii) the act did not involve the infliction of any non-consensual harm on any person, and (iii) the person was not or had not been related to person B or A (as the case may be) in a way mentioned in section 67E(2) or (3). (3) Where a person is charged with an offence under section 67E(4), it is a defence for a person to prove any of the matters mentioned in subsection (4). (4) The matters are— (a) that the person had a legitimate reason for publishing the image concerned to the persons to whom they published it; (b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67E(1); (c) that— (i) the person directly participated in the act portrayed as person A or B mentioned in section 67E(1)(b), (ii) the act did not involve the infliction of any non-consensual harm on any person, (iii) the person was not or had not been related to person B or A (as the case may be) in a way mentioned in section 67E(2) or (3), and (iv) the person only published the image to person B or A (as the case may be). (5) In this section, “non-consensual harm” has the same meaning as in section 66. Penalties for offences under section 67E 67G (1) A person who commits an offence under section 67E(1) 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 two years or a fine (or both). (2) A person who commits an offence under section 67E(4) is liable— (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); (b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both). (2) In section 68 of that Act (special rules relating to providers of information society services), after “67A” (inserted by section 104 of this Act) insert “, 67E”. (3) In Schedule 14 to that Act (special rules relating to providers of information society services), in paragraphs 3(1), 4(2) and 5(1) after “67A” (inserted by section 104 of this Act) insert “, 67E ”. (4) In section 47(1) of the Adoption Act 1976, for “or sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative)” substitute “sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative), or section 67E of the Criminal Justice and Immigration Act 2008 (possession or publication of pornographic images of sex between relatives)”. (5) In section 74(1) of the Adoption and Children Act 2002— (a) omit the “or” after paragraph (a); (b) after paragraph (b) insert , or (c) section 67E of the Criminal Justice and Immigration Act 2008 (possession or publication of pornographic images of sex between relatives). (6) In Schedule 34A to the Criminal Justice Act 2003 (child sex offences for the purposes of section 327A), after paragraph 13ZA (inserted by section 104 of this Act) insert— 13ZB An offence under section 67E of that Act (possession or publication of pornographic images of sex between relatives) in relation to an image showing a person under 18. (7) In Schedule 7 to the Online Safety Act 2023 (priority offences), in paragraph 29, after paragraph (b) (inserted by section 104 of this Act) insert ; (c) section 67E (possession or publication of pornographic images of sex between relatives); . ## 107 Pornographic images of sexual activity with child under 16 {#section-107} (1) After section 67G of the Criminal Justice and Immigration Act 2008 insert— Possession or publication of pornographic images of sexual activity with child under 16 67H (1) It is an offence for a person (P) to be in possession of an image if— (a) the image is pornographic, within the meaning of section 63, and (b) a reasonable person— (i) looking at the image, and (ii) taking into account any sound or information associated with the image, would think that each of the conditions in subsection (2) was met. (2) The conditions are— (a) the image portrays, in an explicit and realistic way, a person (A) engaged in sexual activity with another person (B), (b) A and B are real, and (c) at least one of A or B is, or is pretending to be, under 16. (3) A person is not to be taken as pretending to be under 16 if it is fanciful that they are actually under 16 in the way pretended. (4) It is an offence for a person to publish an image of the kind mentioned in subsection (1). (5) Publishing an image includes giving or making it available to another person by any means. (6) For the purposes of subsection (1)(b) the reference to sound or information associated with the image is— (a) when subsection (1)(b) applies for the purpose of an offence under subsection (1), to sound, or information, associated with the image that is in P’s possession, and (b) when subsection (1)(b) applies for the purpose of an offence under subsection (4), to sound, or information, associated with the image that the person in subsection (4) publishes with the image. (7) In this section “image” has the same meaning as in section 63. (8) Subsections (1) and (4) do not apply to excluded images, within the meaning of section 64. (9) Proceedings for an offence under this section may not be instituted except by or with the consent of the Director of Public Prosecutions. Defences to offences under section 67H 67I (1) Where a person is charged with an offence under section 67H(1), it is a defence for the person to prove any of the matters mentioned in subsection (2). (2) The matters are— (a) that the person had a legitimate reason for being in possession of the image concerned; (b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67H(1); (c) that the person— (i) was sent the image concerned without any prior request having been made by or on behalf of the person, and (ii) did not keep it for an unreasonable time; (d) that— (i) the person directly participated in the act portrayed as person A or person B mentioned in section 67H(2)(a), (ii) the act did not involve the infliction of any non-consensual harm on any person, and (iii) neither A nor B was under 16. (3) Where a person is charged with an offence under section 67H(4), it is a defence for the person to prove any of the matters mentioned in subsection (4). (4) The matters are— (a) that the person had a legitimate reason for publishing the image concerned to the persons to whom they published it; (b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67H(1); (c) that— (i) the person directly participated in the act portrayed as person A or person B mentioned in section 67H(2)(a), (ii) the act did not involve the infliction of any non-consensual harm on any person, (iii) neither A nor B was under 16, and (iv) the person only published the image to person B or A (as the case may be). (5) In this section “non-consensual harm” has the same meaning as in section 66. Penalties for offences under section 67H 67J (1) A person who commits an offence under section 67H(1) 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 three years or a fine (or both). (2) A person who commits an offence under section 67H(4) is liable— (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); (b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both). (2) In section 68 of that Act (special rules relating to providers of information society services), after “67E” insert “and 67H”. (3) In Schedule 14 to that Act (special rules relating to providers of information society services), in paragraphs 3(1), 4(2) and 5(1) after “67E” insert “or 67H”. (4) In Schedule 34A to the Criminal Justice Act 2003 (child sex offences for the purposes of section 327A), after paragraph 13ZB insert— 13ZC An offence under section 67H of that Act (possession or publication of pornographic images of sexual activity with child under 16) in relation to an image showing a person under 18. (5) In Schedule 7 to the Online Safety Act 2023 (priority offences), in paragraph 29 after paragraph (c) insert— (d) section 67H (possession or publication of pornographic images of sexual activity with child under 16). ## 108 Online pornography (age and consent verification): duty to review and report {#section-108} (1) The Secretary of State must conduct a review of the role of providers of internet services in— (a) verifying the age of individuals appearing in pornographic content published or displayed on their services; (b) verifying whether individuals appearing in pornographic content published or displayed on their services consent to the content being published or displayed. (2) The Secretary of State must lay before Parliament, and publish, a report of the review. (3) The Secretary of State must comply with subsections (1) and (2) before the end of the 12 month period beginning with the day on which this Act is passed. (4) In this section the following terms have the same meaning as in the Online Safety Act 2023— “internet service” (see section 228 of that Act); “pornographic content” (see section 236 of that Act); “provider”, in relation to an internet service of any kind (see section 226 of that Act). ## 109 Online pornography (age and consent verification): power to amend Online Safety Act 2023 {#section-109} (1) The Online Safety Act 2023 is amended as follows. (2) After section 217 insert— Power to amend Act: pornographic content Power to impose duties about pornographic content 217A (1) The Secretary of State may by regulations amend this Act for or in connection with the imposition, on providers of regulated services or regulated services of a particular kind, of duties relating to— (a) verifying the age of individuals appearing in pornographic content published or displayed on those regulated services (“age verification duties”); (b) verifying whether individuals appearing in pornographic content published or displayed on those regulated services consent to the content being published or displayed (“consent verification duties”). (2) Age verification duties and consent verification duties may include duties relating to the systems and processes used to operate regulated services, or regulated services of a particular kind. (3) Consent verification duties may include duties relating to cases where consent previously given is withdrawn. (4) Regulations under this section may make provision requiring OFCOM to issue guidance to providers of regulated services, or regulated services of a particular kind, to assist them to comply with age verification duties and consent verification duties. (5) The provisions of this Act that may be amended by the regulations in connection with the imposition of age verification duties and consent verification duties include, but are not limited to, section 131(2). (3) In section 225(1) (regulations subject to affirmative procedure) after paragraph (g) insert— (ga) regulations under section 217A, . ## 110 Online pornography (age and consent verification): power to make regulations {#section-110} (1) The Secretary of State may by regulations make provision for or in connection with the imposition on providers of specified internet services of duties relating to— (a) verifying the age of individuals appearing in pornographic content published or displayed on those internet services (“age verification duties”); (b) verifying whether individuals appearing in pornographic content published or displayed on those internet services consent to the content being published or displayed (“consent verification duties”). (2) Age verification duties and consent verification duties may include duties relating to the systems and processes used to operate specified internet services. (3) Consent verification duties may include duties relating to cases where consent previously given is withdrawn. (4) The regulations may confer functions on— (a) a body established by the regulations, or (b) another body specified in the regulations, (“the regulator”). (5) The regulations may make provision— (a) establishing or modifying the constitutional arrangements of the regulator; (b) establishing or modifying the funding arrangements of the regulator. (6) The functions which may be conferred on the regulator include— (a) powers to, by notice, require providers of specified internet services to provide information to the regulator; (b) powers, in relation to requirements imposed by or under the regulations, corresponding or similar to those conferred on OFCOM by or under Chapter 6 of Part 7 of the Online Safety Act 2023 in relation to enforceable requirements, including provisions conferring power to impose monetary penalties. (7) The provision which may be made under subsection (6)(a) includes provision corresponding or similar to that made in relation to requirements to provide information to OFCOM by— (a) section 109 of the Online Safety Act 2023 (offences in connection with information notices), and (b) section 113 of that Act so far as relating to section 109 (penalties for information offences). (8) If the regulations make provision under subsection (6)(b) corresponding or similar to provision in relation to which an appeal lies under section 168 of the Online Safety Act 2023, they must make corresponding or similar provision for an appeal. (9) The regulations may make provision for appeals against other decisions of the regulator. (10) The regulations may make provision requiring providers of specified internet services to pay fees to the regulator. (11) The provision which may be made under subsection (10) includes provision corresponding or similar to that made in relation to the payment of fees to OFCOM by or under Part 6 of the Online Safety Act 2023. (12) The regulations may make provision requiring the regulator to issue guidance to providers of specified internet services to assist them to comply with age verification duties and consent verification duties. (13) References in this section to an internet service include an internet service provided from outside the United Kingdom— (a) which has a significant number of United Kingdom users, or (b) one of the target markets of which (or the only target market of which) is United Kingdom users. (14) In this section the following terms have the same meaning as in the Online Safety Act 2023— “internet service” (see section 228 of that Act); “pornographic content” (see section 236 of that Act); “provider”, in relation to an internet service of any kind (see section 226 of that Act); “United Kingdom user” (see section 227 of that Act). (15) In this section “specified” means specified, or of a description specified, in the regulations. ## 111 Obscenity etc offences: technology testing defence {#section-111} (1) The Secretary of State may by regulations provide defences to relevant offences for persons who are authorised by the Secretary of State to carry out technology testing activities. (2) “Technology testing activities” means activities which are carried out in the course of, or in connection with, testing technology for the purposes of— (a) investigating whether it may have been made or adapted for use for creating, or facilitating the creation of, prohibited material, or (b) testing whether it may be used to create, or facilitate the creation of, prohibited material. (3) “Prohibited material” means anything in relation to which a relevant offence may be committed. (4) The regulations may make provision about authorisations by the Secretary of State to carry out technology testing activities, including provision— (a) for authorisations to be subject to conditions (which may be specified in the regulations or determined by the Secretary of State); (b) for the variation, suspension, or withdrawal of authorisations and conditions; (c) for the enforcement of any breaches of conditions (which may include provision creating criminal offences punishable with a fine); (d) for fees to be payable to the Secretary of State, as a means of recovering costs incurred by the Secretary of State in exercising functions under the regulations. (5) The Secretary of State must consult the Scottish Ministers before making regulations under this section containing provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament. (6) The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under this section containing 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 (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. ## 112 Technology testing defence: meaning of “relevant offence” {#section-112} (1) For the purposes of section 111 “relevant offence” means— (a) an offence listed in subsection (2), (b) an offence listed in subsection (3) (Scotland), and (c) an offence listed in subsection (4) (Northern Ireland). (2) The offences referred to in subsection (1)(a)are offences under any of the following provisions— Act | Provision Obscene Publications Act 1959 | Section 2 (publication of obscene article) Protection of Children Act 1978 | Section 1(1)(a), (b) or (c) (indecent photographs of children) Criminal Justice Act 1988 | Section 160(1) (indecent photographs of children) Communications Act 2003 | Section 127(1) (sending indecent messages via public electronic communications network) Sexual Offences Act 2003 | Section 46A (child sexual abuse image-generators) Section 66B(1) (sharing intimate photograph or film) Section 66E(1) (creating purported intimate image of adult) Section 66F(1) or (2) (requesting creation of purported intimate image of adult) Criminal Justice and Immigration Act 2008 | Section 63 (possession of extreme pornographic images), as it has effect under the law of England and Wales Section 67A (possession or publication of pornographic images of strangulation or suffocation), as it has effect under the law of England and Wales Coroners and Justice Act 2009 | Section 62 (possession of prohibited images of children), as it has effect under the law of England and Wales Serious Crime Act 2015 | Section 69 (possession of paedophile manual), as it has effect under the law of England and Wales (3) The offences referred to in subsection (1)(b) are offences under any of the following provisions— Act | Provision Civic Government (Scotland) Act 1982 | Section 51 (obscene material) Section 51A (extreme pornography) Section 51D (pornographic images of strangulation or suffocation) Section 52(1)(a), (b) or (c) (indecent photographs of children) Section 52A (indecent photographs of children) Section 52D (child sexual abuse image- generators) Sexual Offences (Scotland) Act 2009 | Section 41A (possession of advice or guidance about abusing children sexually or creating CSA images) Abusive Behaviour and Sexual Harm (Scotland) Act 2016 | Section 2 (disclosing or threatening to disclose intimate photograph or film) (4) The offences referred to in subsection (1)(c) are— (a) an offence under the common law of Northern Ireland of publishing an indecent or obscene article; (b) offences under any of the following provisions— Act / Order | Provision Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) | Article 3(1)(a), (b) or (c) (indecent photographs of children) Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) | Article 15(1) (indecent photographs of children) Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) | Article 42A (child sexual abuse image-generators) Criminal Justice and Immigration Act 2008 | Section 63 (possession of extreme pornographic images), as it has effect under the law of Northern Ireland Section 67A (possession or publication of pornographic images of strangulation or suffocation), as it has effect under the law of Northern Ireland Coroners and Justice Act 2009 | Section 62 (possession of prohibited images of children), as it has effect under the law of Northern Ireland Serious Crime Act 2015 | Section 69 (possession of paedophile manual), as it has effect under the law of Northern Ireland (5) The Secretary of State may by regulations amend this section so as to change the meaning of “relevant offence”. (6) The Secretary of State must consult the Scottish Ministers before making regulations under this section containing provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament. (7) The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under this section containing 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 (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. ## 113 Exposure {#section-113} In the Sexual Offences Act 2003, in section 66 (exposure), for subsection (1) substitute— (1) A person (A) who intentionally exposes A’s genitals commits an offence if— (a) A intends that someone will see the genitals and be caused alarm, distress or humiliation, or (b) A exposes the genitals for the purpose of obtaining sexual gratification and does so— (i) with the intention that someone will see them, and (ii) being reckless as to whether someone who sees them will be caused alarm, distress or humiliation. (1A) But where A intends only that a particular person, or particular persons, will see A’s genitals, A does not commit an offence by virtue of paragraph (b) of subsection (1) unless A is reckless as to whether that person, or at least one of those persons, will be caused alarm, distress or humiliation. ## 114 Sexual activity with an animal {#section-114} (1) The Sexual Offences Act 2003 is amended in accordance with subsections (2) to (5). (2) For section 69 (intercourse with an animal) substitute— Sexual activity with an animal 69 (1) A person commits an offence if— (a) the person intentionally touches an animal (whether living or dead), (b) the person knows that, or is reckless as to whether, that is what is touched, and (c) the touching is sexual. (2) For the purposes of this section, touching is sexual if a reasonable person would consider that— (a) because of its nature it may be sexual, and (b) because of its circumstances or the purpose of any person in relation to it (or both) it is sexual. (3) A person who commits an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years. (3) In section 78 (meaning of “sexual”), after “66D” insert “, 69”. (4) In section 79 (Part 1: general interpretation) omit subsection (10). (5) In paragraphs 35 and 92 of Schedule 3 (sexual offences that make offender subject to notification requirements), for “intercourse” substitute “sexual activity”. (6) In the following provisions, for “intercourse” substitute “sexual activity”— (a) paragraph 151 of Schedule 15 to the Criminal Justice Act 2003; (b) paragraph 38(az) of Schedule 18 to the Sentencing Code. ## 115 Sexual activity with a corpse {#section-115} (1) In the Sexual Offences Act 2003 for section 70 substitute— Sexual activity with a corpse 70 (1) A person commits an offence if— (a) the person intentionally performs an act of touching (with a part of their body or anything else), (b) what is touched is a part of the body of a dead person, (c) the person knows that, or is reckless as to whether, that is what is touched, and (d) the touching is sexual. (2) A person who commits an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); (b) on conviction on indictment, to imprisonment for a term not exceeding— (i) if the touching involved penetration of a part of the body mentioned in subsection (1)(b), 7 years; (ii) otherwise, 5 years. (2) In consequence of the amendment made by subsection (1), in the following provisions for “sexual penetration of” substitute “sexual activity with”— paragraph 152 of Schedule 15 to the Criminal Justice Act 2003; paragraphs 35 and 92 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. ## 137 Child abduction {#section-137} (1) The Child Abduction Act 1984 is amended as set out in subsections (2) to (4). (2) In section 1 (offence of abduction of child by parent etc)— (a) after subsection (1) insert— (1A) Subject to subsections (5) and (8), a person connected with a child under the age of sixteen commits an offence if— (a) the child is taken or sent out of the United Kingdom with the appropriate consent, and (b) at any time after the child is taken or sent, the person detains the child outside the United Kingdom without the appropriate consent. ; (b) in subsection (4)— (i) in the words before paragraph (a), after “United Kingdom” insert “, or by detaining a child outside the United Kingdom,”; (ii) in each of paragraphs (a) and (b), after “United Kingdom” insert “, or detains the child outside the United Kingdom,”; (c) in subsection (4A), after “United Kingdom” insert “, or detaining the child outside the United Kingdom,”; (d) in subsection (5A), in paragraph (b) after “out of the United Kingdom” insert “, or detaining the child outside the United Kingdom,”. (3) In section 11 (consequential amendments and repeals), in subsection (3) for “section 1 above” substitute “section 1(1) above”. (4) In the Schedule (modifications of section 1 for children in certain cases), in each of the following provisions after “subsection (1)” insert “or (1A)”— (a) paragraph 1(2)(a); (b) paragraph 2(2)(a); (c) paragraph 3(2)(a). (5) The amendments made by this section apply only in cases where the taking or sending of the child out of the United Kingdom takes place on or after the date on which this section comes into force. ## 139 Safeguarding vulnerable groups: regulated activity {#section-139} (1) Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (regulated activity) is amended as follows. (2) In paragraph 1 omit— (a) in sub-paragraph (2A)(b), the words “(disregarding paragraph 2(3A) and (3B)(b))”; (b) in sub-paragraph (2B)— (i) in paragraph (a)(ii), the words “(disregarding paragraph 2(3A) and (3B)(b))”; (ii) paragraph (b) and the “or” immediately before it; (c) sub-paragraph (2C); (d) sub-paragraph (15). (3) In paragraph 2 omit— (a) sub-paragraph (3A); (b) in sub-paragraph (3B), paragraph (b) and the “and” immediately before it; (c) sub-paragraph (3C). (4) Omit paragraph 5A and the italic heading before it. ## 140 Safeguarding vulnerable groups: regulated activity (Northern Ireland) {#section-140} (1) Schedule 2 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) (regulated activity) is amended as follows. (2) In paragraph 1 omit— (a) in sub-paragraph (2A)(b), the words “(disregarding paragraph 2(3A) and (3B)(b))”; (b) in sub-paragraph (2B)— (i) in paragraph (a)(ii), the words “(disregarding paragraph 2(3A) and (3B)(b))”; (ii) paragraph (b) and the “or” immediately before it; (c) sub-paragraph (2C); (d) sub-paragraph (13). (3) In paragraph 2 omit— (a) sub-paragraph (3A); (b) in sub-paragraph (3B), paragraph (b) and the “and” immediately before it; (c) sub-paragraph (3C). (4) Omit paragraph 5A and the italic heading before it. ## 151 Possession of a SIM farm {#section-151} (1) A person who possesses a SIM farm commits an offence. For the meaning of “SIM farm”, see section 153. (2) It is a defence for a person charged with an offence under this section to prove that the person had a good reason or lawful authority for possessing the SIM farm. (3) In subsection (2) the reference to a good reason for possessing a SIM farm includes in particular possessing it for a purpose connected with— (a) providing broadcasting services, (b) operating or maintaining a public transport service, (c) operating or maintaining an electronic communications network (as defined by section 32 of the Communications Act 2003), or (d) tracking freight or monitoring it in any other way. This subsection does not limit subsection (2). (4) For the purposes of subsection (2), where a person possesses a SIM farm in order to supply it to another, the person has a good reason for possessing it only if any supply would be in accordance with section 152(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. ## 152 Supply of a SIM farm {#section-152} (1) A person who supplies a SIM farm to another person commits an offence. (2) It is a defence for a person charged with an offence under this section (“the supplier”) to prove— (a) that— (i) the supply was made in the course of a business carried on by the supplier, or (ii) the supplier had a good reason or lawful authority for possessing the SIM farm (before the supply was made), (b) that, before the supply was made, the supplier took reasonable steps to satisfy themselves that the person to whom the SIM farm was to be supplied would have a good reason or lawful authority for possessing it, and (c) that, before the supply was made, the supplier made a record of the specified information relating to the supply. (3) In subsection (2)(a)(ii) the reference to a good reason or lawful authority for possessing the SIM farm does not include possessing it for the purpose of supplying it to another. (4) In subsection (2)(c) “the specified information” relating to the supply of a SIM farm to a person (“the recipient”) means— (a) the date of the supply; (b) a description of the SIM farm; (c) the name of the recipient and, where the recipient is not an individual, any company number or other registered number; (d) the address of the recipient and, where the recipient is not an individual, the address of any registered office; (e) a description of the steps taken by the supplier to satisfy themselves that the recipient would have a good reason or lawful authority for possessing the SIM farm. (5) A person who commits an offence under this section is liable— (a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale. ## 153 Sections 151 and 152: meaning of “SIM farm” etc {#section-153} (1) In sections 151 and 152, “SIM farm” means— (a) a device which is capable of using five or more SIM cards simultaneously or interchangeably, for a purpose mentioned in subsection (2), or (b) an article specified in regulations made by the Secretary of State. (2) The purposes are— (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. (3) “SIM card” means— (a) a removable physical subscriber identity module, or (b) an article specified in regulations made by the Secretary of State. (4) 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. (5) Regulations under subsection (1) may specify only articles which the Secretary of State considers are capable of being used for a purpose mentioned in subsection (2) in a way which is a similar to a device within subsection (1)(a). (6) Regulations under subsection (3) may specify only articles which the Secretary of State considers have a similar function to removable physical subscriber identity modules. (7) “Article” includes information in electronic form. (8) 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. (9) Schedule 16 confers powers of entry etc in relation to offences under sections 151 and 152 and related inchoate offences. ## 154 Possession of specified article {#section-154} (1) A person who possesses a specified article commits an offence. “Specified article” means an article specified in regulations under section 156. (2) It is a defence for a person charged with an offence under this section to prove that the person had a good reason or lawful authority for possessing the specified article. (3) For the purposes of subsection (2), where a person possesses a specified article in order to supply it to another, the person has a good reason for possessing it only if any supply would be in accordance with section 155(2)(a) to (c). (4) A person who commits an offence under this section is liable— (a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale. ## 155 Supply of specified article {#section-155} (1) A person who supplies a specified article to another person commits an offence. “Specified article” means an article specified in regulations under section 156. (2) It is a defence for a person charged with an offence under this section (“the supplier”) to prove— (a) that— (i) the supply was made in the course of a business carried on by the supplier, or (ii) the supplier had a good reason or lawful authority for possessing the specified article (before the supply was made), (b) that, before the supply was made, the supplier took reasonable steps to satisfy themselves that the person to whom the specified article was to be supplied would have a good reason or lawful authority for possessing it, and (c) that, before the supply was made, the supplier made a record of the specified information relating to the supply. (3) In subsection (2)(a)(ii) the reference to a good reason or lawful authority for possessing the specified article does not include possessing it for the purpose of supplying it to another. (4) In subsection (2)(c) “the specified information” relating to the supply of a specified article to a person (“the recipient”) means— (a) the date of the supply; (b) a description of the specified article; (c) the name of the recipient and, where the recipient is not an individual, any company number or other registered number; (d) the address of the recipient and, where the recipient is not an individual, the address of any registered office; (e) a description of the steps taken by the supplier to satisfy themselves that the recipient would have a good reason or lawful authority for possessing the specified article. (5) A person who commits an offence under this section is liable— (a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale. ## 156 Sections 154 and 155: specified articles and supplementary provision {#section-156} (1) The Secretary of State may by regulations specify articles for the purposes of sections 154 and 155. (2) An article may be specified only if the Secretary of State considers that it is made or adapted for use in perpetrating fraud by means of— (a) an electronic communications network, or (b) an electronic communications service. (3) Before making regulations under this section, the Secretary of State must consult such persons appearing to the Secretary of State to be likely to be affected by the regulations as the Secretary of State considers appropriate. (4) Schedule 16 confers powers of entry etc in relation to offences under sections 154 and 155 and related inchoate offences. (5) In this section— “article” includes information in electronic form; “electronic communications network” and “electronic communications service” have the meaning given by section 32 of the Communications Act 2003. ## 157 Offence of concealing identity at protests {#section-157} (1) A person commits an offence if the person is— (a) in a public place that is in a locality designated under section 158, and (b) wearing or otherwise using an item that conceals their identity or another person’s identity. (2) It is a defence for a person charged with an offence under this section to prove that they wore or otherwise used the item for— (a) a purpose relating to the health of the person or others, (b) the purposes of religious observance, or (c) a purpose relating to the person’s work. (3) Where the conduct described in subsection (1) takes place during the initial period specified under section 158(1), a person commits the offence under this section only if section 158(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 158(3), a person commits the offence under this section only if section 158(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). ## 158 Concealing identity at protests: designating localities and giving notice {#section-158} (1) A constable whose rank is at least that of inspector may designate a locality in England or Wales that is in their police area for a specified period not exceeding 24 hours if they reasonably believe that— (a) a public assembly, or public procession, which constitutes a protest may take place or is taking place in the locality, (b) the protest is likely to involve or has involved the commission of offences, and (c) it is expedient, in order to prevent or limit the commission of offences, to designate the locality under this section. (2) A constable who designates a locality under this section must ensure that all reasonable steps are taken (by the constable or another person) to notify the public of— (a) the fact that the designation has been made, (b) the nature of the offence created by section 157, (c) the locality to which the designation applies, and (d) the period during which the designation will be in force. (3) A constable whose rank is at least that of superintendent may direct that a designation under this section is to continue in force for a further 24 hours if it appears expedient to do so, having regard to offences which— (a) have been committed in connection with the protest in respect of which the designation was made, or (b) are reasonably suspected to have been so committed. (4) A constable who directs that a designation under this section is to continue in force must ensure that all reasonable steps are taken (by the constable or another person) to notify the public of— (a) the fact that the designation will continue in force, and (b) the matters set out in paragraphs (b), (c) and (d) of subsection (2). (5) The reference to a “police area” in subsection (1), so far as it relates to a designation of a locality by— (a) a member of the British Transport Police Force, has effect as if that reference were a reference to a place within section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003; (b) a member of the Ministry of Defence Police, has effect as if that reference were a reference to a place to which section 2(2) of the Ministry of Defence Police Act 1987 applies. (6) This section does not limit any other power of a constable; and, in particular, it does not affect when an authorisation under section 60AA of the Criminal Justice and Public Order Act 1994 (powers to require removal of disguises) may be given. ## 159 Concealing identity at protests: procedure for designations etc {#section-159} (1) A constable— (a) whose rank is that of inspector, and (b) who designates a locality under section 158, 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 158— (a) must be in writing and signed by the constable who made it, and (b) must specify— (i) the grounds on which it is made, (ii) the locality to which it applies, and (iii) the period during which it will be in force. (3) Where it is not reasonably practicable for a designation under section 158 to be made in writing, an oral designation may be made instead provided— (a) the constable making it states the matters which would otherwise have to be specified under subsection (2), and (b) the designation is recorded in writing as soon as reasonably practicable. (4) A direction under section 158(3) must be given in writing or, where that is not reasonably practicable, recorded in writing as soon as reasonably practicable. ## 160 Possession of pyrotechnic articles at protests {#section-160} (1) It is an offence for a person to have a pyrotechnic article in their possession at any time when they are taking part in— (a) a public procession which constitutes a protest, (b) a public assembly which constitutes a protest, or (c) a one-person protest. (2) But no offence is committed if the person is taking part in a cultural or religious event of a kind at which pyrotechnic articles are customarily used. (3) It is a defence for a person charged with an offence under this section to show that they had a reasonable excuse for having the pyrotechnic article in their possession at the material time. (4) In particular, it is a defence for a person charged with an offence under this section to show that they had the pyrotechnic article in their possession at the material time for use in connection with work. (5) A person is taken to have shown the fact mentioned in subsection (3) or (4) if— (a) sufficient evidence of the fact is adduced to raise an issue with respect to it, and (b) the contrary is not proved beyond reasonable doubt. (6) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (7) In this section “pyrotechnic article” means an article that contains explosive substances, or an explosive mixture of substances, designed to produce heat, light, sound, gas or smoke, or a combination of such effects, through self-sustained exothermic chemical reactions, other than— (a) a match, or (b) an article specified, or of a description specified, in regulations made by the Secretary of State. ## 161 Climbing on memorials {#section-161} (1) A person who climbs on a specified memorial commits an offence. (2) It is a defence for a person charged with an offence under this section to prove that they— (a) had a good reason for climbing on the specified memorial, (b) were the owner or occupier of the specified memorial, or (c) had the consent of the owner or occupier of the specified memorial, or other lawful authority, to climb on it. (3) In this section “specified memorial” means— (a) a war memorial specified in Part 1 of Schedule 17, (b) a part of a war memorial specified in Part 2 of Schedule 17, or (c) a memorial or a part of a memorial specified in Part 3 of Schedule 17. (4) The Secretary of State may by regulations amend Schedule 17. (5) The Secretary of State may make regulations adding a memorial, or a part of a memorial, to Schedule 17 only if the Secretary of State considers that there is a significant public interest in it being a specified memorial for the purposes of this section. (6) 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). (7) In this section “memorial” means a building or other structure, or any other thing, erected or installed on land (or in or on any building or other structure on land) which has a commemorative purpose. (8) Something has a commemorative purpose if at least one of its purposes is to commemorate— (a) one or more individuals or animals, or a description of individuals or animals (whether living or dead and whether or not capable of being identified), or (b) an event or series of events (such as an armed conflict). (9) In subsection (7) references to a building or structure include part of a building or structure. ## 162 Protests outside public office-holder’s home {#section-162} (1) A person (“P”) commits an offence if— (a) P (alone or with other persons) carries on a protest outside, or in the vicinity of, premises that are used by a public office-holder as a dwelling, (b) P carries on the protest for the purpose of representing to, or persuading, the public office-holder that they— (i) should or should not do something, or (ii) should or should not have done something, and (c) P carries on the protest because of, or in connection with, the public officer-holder being a public officer-holder. (2) Subsection (1) does not apply to premises that are an official residence. (3) It is a defence for a person charged with an offence under this section to show that they did not know the premises were used by the public office-holder as a dwelling. (4) A person is to be taken to have shown the matter referred to in subsection (3) if— (a) sufficient evidence is adduced to raise an issue with respect to it, and (b) the contrary is not proved beyond reasonable doubt. (5) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine not exceeding level 4 on the standard scale (or both). (6) In subsection (5) “the maximum term for summary offences” means— (a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months; (b) if the offence is committed after that time, 51 weeks. (7) The following definitions apply for the purposes of this section. (8) “Public office-holder” means— (a) a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975); (b) any of the Welsh Ministers; (c) any of the Deputy Welsh Ministers (within the meaning of the Government of Wales Act 2006); (d) the Counsel General to the Welsh Government; (e) a member of the House of Lords; (f) a member of the House of Commons; (g) a member of Senedd Cymru; (h) a member of a local authority; (i) an elected mayor of a local authority within the meaning given by section 9H (elected mayors: England) or section 39(4) (elected mayors: Wales) of the Local Government Act 2000; (j) a mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; (k) a mayor for the area of a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; (l) the Mayor of London or an elected member of the London Assembly; (m) a police and crime commissioner; (n) a candidate at an election for an office mentioned in any of paragraphs (f) to (m). (9) “Local authority” means— (a) in England— (i) a county council; (ii) a district council; (iii) a London borough council; (iv) a parish council; (v) the Common Council of the City of London; (vi) the Council of the Isles of Scilly; (b) in Wales— (i) a county council; (ii) a county borough council; (iii) a community council. (10) “Dwelling” has the meaning given by section 8 of the Public Order Act 1986. (11) “Official residence” means— (a) 10, 11 and 12 Downing Street, London; (b) Admiralty House, Whitehall, London; (c) 1 Carlton Gardens, London; (d) the Palace of Westminster, London; (e) Chequers, Missenden Road, Aylesbury, Buckinghamshire; (f) Dorneywood, Dorneywood Road, Burnham, Buckinghamshire; (g) Chevening House, Chevening, Sevenoaks, Kent. ## 163 Interpretation of Chapter {#section-163} In this Chapter— “one-person protest” has the meaning given by section 14ZA(4) of the Public Order Act 1986; “public assembly” has the meaning given by section 16 of that Act; “public place” has the meaning given by that section; “public procession” has the meaning given by that section. ## 164 Places of worship: restriction on protests {#section-164} (1) The Public Order Act 1986 is amended as follows. (2) In section 12(1) (imposing conditions on public processions)— (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 result that those persons are deterred from— (i) accessing that place of worship for the purpose of carrying out religious activities, or (ii) carrying out religious activities at that place of worship, . (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 (c) in the case of an assembly in England and Wales, the assembly is in the vicinity of a place of worship and may intimidate persons of reasonable firmness with the result that those persons are deterred from— (i) accessing that place of worship for the purpose of carrying out religious activities, or (ii) carrying out religious activities at that place of worship. (4) In section 14ZA(1) (imposing conditions on one-person protests)— (a) at the end of paragraph (a) omit “or”; (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 of carrying out religious activities, or (ii) carrying out religious activities at that place of worship. ## 165 Public processions and assemblies: duty to take account of cumulative disruption {#section-165} (1) The Public Order Act 1986 is amended as follows. (2) In section 12 (power to impose conditions on public processions), after subsection (2B) insert— (2BA) In considering for the purposes of subsection (1)(a) whether a public procession in England and Wales may result in serious disruption to the life of the community, a senior police officer must take into account any relevant cumulative disruption. (2BB) In subsection (2BA) “relevant cumulative disruption” means the cumulative disruption to the life of the community resulting from— (a) the procession, (b) any other public procession in England and Wales that was held, is being held or is intended to be held in the same area as the area in which the procession mentioned in paragraph (a) is being held or is intended to be held (whether or not directions have been given under subsection (1) in relation to that other procession), and (c) any public assembly in England and Wales that was held, is being held or is intended to be held in the same area as the area in which the procession mentioned in paragraph (a) is being held or is intended to be held (whether or not directions have been given under section 14(1A) in relation to that assembly), and it does not matter whether or not the procession mentioned in paragraph (a) and any procession or assembly within paragraph (b) or (c) are organised by the same person, are attended by any of the same persons or are held or are intended to be held at the same time. (2BC) In subsection (2BB) “area”, in relation to a public procession or public assembly, means such area as the senior police officer considers appropriate, having regard to the nature and extent of the disruption that may result from the procession or assembly. (3) In section 14 (power to impose conditions on public assemblies) after subsection (2B) insert— (2BA) In considering for the purposes of subsection (1)(a) whether a public assembly in England and Wales may result in serious disruption to the life of the community, a senior police officer must take into account any relevant cumulative disruption. (2BB) In subsection (2BA) “relevant cumulative disruption” means the cumulative disruption to the life of the community resulting from— (a) the assembly, (b) any other public assembly in England and Wales that was held, is being held or is intended to be held in the same area as the area in which the assembly mentioned in paragraph (a) is being held or is intended to be held (whether or not directions have been given under subsection (1A) in relation to that other assembly), and (c) any public procession in England and Wales that was held, is being held or is intended to be held in the same area as the area in which the assembly mentioned in paragraph (a) is being held or is intended to be held (whether or not directions have been given under section 12(1) in relation to that procession), and it does not matter whether or not the assembly mentioned in paragraph (a) and any assembly or procession within paragraph (b) or (c) are organised by the same person, are attended by any of the same persons or are held or are intended to be held at the same time. (2BC) In subsection (2BB) “area”, in relation to a public assembly or public procession, means such area as the senior police officer considers appropriate, having regard to the nature and extent of the disruption that may result from the assembly or procession. ## 166 Powers of senior officers to impose conditions on protests {#section-166} (1) The Public Order Act 1986 is amended as follows. (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 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 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)— (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 (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 of police includes”, substitute “references in subsection (2) to a chief officer of police include”. ## 167 Amendments relating to British Transport Police and Ministry of Defence Police {#section-167} (1) The Public Order Act 1986 is amended in accordance with subsections (2) 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 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 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— (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 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)— (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 police area were references to a place in England and Wales among those specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003. (8A) So far as subsections (1), (3) and (6) relate to an authorisation by a member of the Ministry of Defence Police, those subsections have effect as if the references to a locality or a locality in a police area were references to a place in England and Wales among those specified in section 2(2) of the Ministry of Defence Police Act 1987. ; (b) in subsection (9) omit “and “policed premises” each”. ## 168 Return to unauthorised encampments: prohibited period {#section-168} (1) The Criminal Justice and Public Order Act 1994 is amended as follows. (2) In section 60C(3) (offence relating to residing on land without consent in or with a vehicle) for “12” substitute “three”. (3) In section 61 (power to remove trespassers on land)— (a) in subsection (4)(b) for “prohibited period” substitute “period of three months beginning with the day on which the direction was given”; (b) omit subsection (4ZA). (4) In section 62 (supplementary powers of seizure)— (a) in subsection (1)(b) for “prohibited period” substitute “period of three months beginning with the day on which the direction was given”; (b) omit subsection (1A). (5) In section 62B(2) (failure to comply with direction under section 62A: offences) for “twelve” substitute “three”. (6) In section 62C(2) (failure to comply with direction under section 62A: seizure) for “twelve” substitute “three”. ## 169 Harassment of a person in their home {#section-169} (1) The Criminal Justice and Police Act 2001 is amended as follows. (2) In section 42 (police directions stopping harassment etc of a person in their home), in subsection (1)(b)— (a) omit the “or” at the end of sub-paragraph (i); (b) after sub-paragraph (ii) insert— (iii) that they should not have done something they were entitled or required to do; or (iv) that they should have done something they were not under any obligation to do; . (3) In section 42A (offence of harassment etc of a person in their home), in subsection (1)(b)— (a) omit the “or” at the end of sub-paragraph (i); (b) after sub-paragraph (ii) insert— (iii) that they should not have done something they were entitled or required to do; or (iv) that they should have done something they were not under any obligation to do; . ## 176 Section 173: confidential information {#section-176} (1) This section applies where— (a) information has been extracted under the power conferred by virtue of section 173(1), and (b) it appears to any person accessing the information as a result of the exercise of that power that the information is, or contains, confidential information. (2) Subject to subsections (3) and (7), as soon as reasonably practicable after accessing the confidential information, the person must ensure that— (a) the information is made inaccessible, or (b) where the extraction involved a copy being made of the confidential information, the copy is destroyed. (3) The duty in subsection (2) does not apply if— (a) the confidential information is comprised in other information which is not confidential information, and (b) it is not reasonably practicable for the confidential information to be separated from that other information without prejudicing its use in relation to a reasonable line of enquiry of the kind mentioned in section 173(2)(a). (4) Where the duty in subsection (2) is so disapplied, the person accessing the confidential information must ensure that it is not— (a) examined or copied, or (b) put to any use other than as mentioned in subsection (3)(b). (5) In this section “confidential information” means information which constitutes or may constitute— (a) confidential journalistic material within the meaning of the Investigatory Powers Act 2016 (see section 264(6) and (7) of that Act), or (b) protected material. (6) In this section “protected material” means— (a) so far as this section applies to England and Wales— (i) items subject to legal privilege, within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act); (ii) excluded material within the meaning of that Act (see section 11 of that Act); (iii) special procedure material within the meaning of that Act (see section 14 of that Act); (b) so far as this section applies to Scotland— (i) items in respect of which a claim to confidentiality of communications could be maintained in legal proceedings; (ii) other material of a kind mentioned in paragraph (a)(ii) or (iii) of this subsection; (c) so far as this section applies to Northern Ireland— (i) items subject to legal privilege within the meaning of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (see Article 12 of that Order); (ii) excluded material within the meaning of that Order (see Article 13 of that Order); (iii) special procedure material within the meaning of that Order (see Article 16 of that Order). (7) The Secretary of State may by regulations provide for circumstances in which the duty in subsection (2) does not apply in relation to protected material of the kind mentioned in subsection (6)(a)(ii) and (iii), (b)(ii), and (c)(ii) and (iii). ## 177 Section 173: code of practice {#section-177} (1) The Secretary of State must prepare a code of practice about— (a) the exercise of the power to give an authorisation under section 173(1), and (b) the exercise of the powers conferred by such an authorisation. (2) The code may make different provision for different purposes or areas. (3) In preparing the code, the Secretary of State must consult— (a) the Information Commissioner, (b) the Investigatory Powers Commissioner, (c) the Scottish Ministers, (d) the Department of Justice in Northern Ireland, and (e) such other persons as the Secretary of State considers appropriate. (4) After preparing the code, the Secretary of State must lay it before Parliament and publish it. (5) After the Secretary of State has complied with subsection (4), the Secretary of State may bring the code into force by regulations. (6) After the code has come into force the Secretary of State may from time to time revise it. (7) A person must have regard to the code of practice for the time being in force under this section in exercising, or deciding whether to exercise, the powers mentioned in subsection (1). (8) A failure on the part of a person to act in accordance with the code does not of itself render the person liable to any criminal or civil proceedings. (9) But the code is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to act in accordance with it in determining a question in the proceedings. (10) References in subsections (2) to (9) to the code include a revised code, subject to subsection (11). (11) The duty to consult in subsection (3) does not apply in relation to the preparation of a revised code if the Secretary of State considers that the proposed revisions are insubstantial. ## 181 Access to driver licensing information {#section-181} (1) The Criminal Justice and Court Services Act 2000 is amended as follows. (2) For section 71 substitute— Access to driver licensing information 71 (1) The Secretary of State may in accordance with this section make driver licensing information available for use by authorised persons for purposes relating to policing or law enforcement. (2) The Secretary of State must in regulations made for the purposes of this section (“driver information regulations”) make provision about the making available of driver licensing information under this section. (3) Driver information regulations must specify the circumstances in which information may be made available under this section. (4) Driver information regulations may in particular make provision— (a) specifying conditions that must be met for a person to be (or remain) authorised to receive information under this section; (b) specifying conditions that must be met before information may be made available under this section; (c) imposing requirements relating to the receipt and use of information made available under this section; (d) restricting the kind of information that may be made available to, or the purposes for which information may be used by, specified descriptions of authorised persons; (e) about the purposes for which, and the circumstances in which, information made available under this section may be further disclosed (including provision about the persons to whom it may be disclosed). (5) Before making driver information regulations, the Secretary of State must consult— (a) the Scottish Ministers, (b) the Department of Justice in Northern Ireland, (c) the National Police Chiefs’ Council, (d) such persons as appear to the Secretary of State to represent the views of police and crime commissioners, and (e) such other persons as the Secretary of State considers appropriate. (6) The requirement in subsection (5) may be satisfied by consultation carried out wholly or partly before this section comes into force. (7) The Secretary of State may not make driver information regulations in relation to Northern Ireland authorised persons without the consent of the Department of Justice in Northern Ireland. (8) “Northern Ireland authorised persons” means authorised persons who— (a) are under the direction and control of— (i) the Chief Constable of the Police Service of Northern Ireland, (ii) the Belfast Harbour Commissioners, or (iii) Belfast International Airport Limited, or (b) are officers of the Police Ombudsman for Northern Ireland. (9) In this section— “authorised person” has the meaning given in section 71A; “driver licensing information” means any information held, in any form, by the Secretary of State for the purposes of Part 3 of the Road Traffic Act 1988. Section 71: meaning of “authorised person” 71A (1) In section 71 “authorised person” means a person specified in the first column of the following table who is authorised by the person specified in the corresponding entry in the second column of the table to receive information under that section. Person | Authorising officer a constable | the person whose direction and control the constable is under a member of civilian police staff | the person whose direction and control the member of civilian police staff is under a police volunteer designated under section 38 of the Police Reform Act 2002 | the chief officer of police whose direction and control the police volunteer is under a National Crime Agency officer | the Director General of the National Crime Agency a member, or a member of the staff, of the Independent Office of Police Conduct | the Director General of the Independent Office of Police Conduct a member of the staff of the Police Investigations and Review Commissioner | the Police Investigations and Review Commissioner an officer of the Police Ombudsman for Northern Ireland | the Police Ombudsman for Northern Ireland a member of a service police force, or any other person who is under the direction and control of a Provost Marshal | the relevant Provost Marshal a person appointed as an investigating officer by, or a member of the staff of, the Service Police Complaints Commissioner | the Service Police Complaints Commissioner Isle of Man a member of the Isle of Man Constabulary, or an employee of the Isle of Man Public Services Commission | the Chief Constable of the Isle of Man Constabulary an officer of customs and excise, or an immigration officer, of the Isle of Man | the Treasury Minister of the Isle of Man a member of staff of the Financial Intelligence Unit of the Isle of Man | the Director of the Financial Intelligence Unit of the Isle of Man Jersey a member of the States of Jersey Police Force | the Chief Officer of the States of Jersey Police Force a deputy Agent of the Impôts, or an officer of the Impôts, of the Bailiwick of Jersey | the Agent of the Impôts of the Bailiwick of Jersey a member or employee of the Jersey Financial Intelligence Unit | the Director of the Jersey Financial Intelligence Unit an employee of the Law Officers’ Department | His Majesty’s Attorney General for Jersey Guernsey a member of the salaried police force of the Island of Guernsey, or an employee of the States of Guernsey | the Chief Officer of the salaried police force of the Island of Guernsey an officer of customs and excise, or an immigration officer, of the Bailiwick of Guernsey | the Chief Officer of Customs and Excise of the Bailiwick of Guernsey a person authorised to exercise a function of the Director of the Economic and Financial Crime Bureau of the Bailiwick of Guernsey | the Director of the Economic and Financial Crime Bureau of the Bailiwick of Guernsey a member of staff of the Financial Intelligence Unit of the Bailiwick of Guernsey | the Head of the Financial Intelligence Unit of the Bailiwick of Guernsey Gibraltar a member of the Royal Gibraltar Police | the Commissioner of the Royal Gibraltar Police a member of the Gibraltar Defence Police | the Chief Officer of the Gibraltar Defence Police a member of civilian staff in the Gibraltar Defence Police | the person whose direction and control the member of civilian staff is under (2) In the table— “member of civilian police staff” means a person who is not a constable but who— is— employed, or engaged to provide services, for the purposes of a body of constables, and under the direction and control of a person who has the direction and control of a body of constables, or is under the direction and control of the chief constable of the Ministry of Defence Police; “officer”, in relation to the Police Ombudsman for Northern Ireland, means an officer of the Ombudsman within the meaning of Part 7 of the Police (Northern Ireland) Act 1998 (see section 50 of that Act); “relevant Provost Marshal” means— in relation to a member of a service police force— the Provost Marshal of that service police force, or 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; in relation to any other person who is under the direction and control of a Provost Marshal, that Provost Marshal; “service police force” has the same meaning as in the Armed Forces Act 2006 (see section 375(1) of that Act). Code of practice about access to driver licensing information 71B (1) The Secretary of State may issue a code of practice about the receipt and use of information made available under section 71. (2) The code may make different provision for different purposes or different areas. (3) In preparing a code of practice, the Secretary of State must consult— (a) the Scottish Ministers, (b) the Department of Justice in Northern Ireland, and (c) such other persons as the Secretary of State considers appropriate. (4) The requirement in subsection (3) may be satisfied by consultation carried out wholly or partly before this section comes into force. (5) The Secretary of State may revise a code of practice issued under this section; and subsection (3) applies in relation to revising a code as it applies in relation to preparing a code. (6) The Secretary of State must lay before Parliament and publish any code of practice issued or revised under this section. (7) Any person to whom information is made available under section 71 must have regard to any code of practice issued under this section. Driver licensing information: annual report 71C (1) The Secretary of State must in relation to each calendar year prepare a report about the use of information made available under section 71. This is subject to subsection (3) (period to which first report relates). (2) The Secretary of State must publish each report before 1 July in the year following the year to which the report relates. (3) The first report is to relate to the period beginning with the commencement day and ending at the end of the year in which that day falls. (4) In subsection (3), “the commencement day” means the day on which section 181 of the Crime and Policing Act 2026 first comes into force for any purpose, other than the purposes of making regulations. (3) In section 76 (subordinate legislation), after subsection (5) insert— (5A) A statutory instrument containing regulations under section 71 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. ## 183 Testing of persons in police detention for presence of controlled drugs {#section-183} (1) The Police and Criminal Evidence Act 1984 is amended as set out in subsections (2) to (4) . (2) In section 63B (testing for presence of Class A drugs), for “Class A” (in each place it appears, including the heading) substitute “controlled”. (3) In section 63C (testing for presence of Class A drugs: supplementary)— (a) in the heading, for “Class A” substitute “controlled”; (b) for subsection (6) substitute— (6) In section 63B— (a) “misuse” has the same meaning as in the Misuse of Drugs Act 1971; (b) “specified controlled drug” means a controlled drug (within the meaning of the Misuse of Drugs Act 1971) specified in regulations made by the Secretary of State by statutory instrument; (c) “trigger offence” means an offence specified in Schedule 2B. (7) In Schedule 2B, “specified controlled drug” has the same meaning as in section 63B. (8) The Secretary of State may by regulations made by statutory instrument amend Schedule 2B. (9) Regulations under this section— (a) may make different provision for different purposes or different areas, and (b) may make transitional, transitory or saving provision. (10) A statutory instrument containing regulations under subsection (8) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (11) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (4) After Schedule 2A insert the Schedule set out in Schedule 20 to this Act. (5) In Schedule 1 to the Bail Act 1976 (persons entitled to bail: supplementary provisions), in Part 1 (defendants accused or convicted of imprisonable offences), in paragraph 6B(1)(b)(i), for “Class A” substitute “controlled”. (6) In the Criminal Justice and Court Services Act 2000— (a) in section 70 (interpretation, etc)— (i) in subsection (1), omit the definition of “trigger offence”; (ii) omit subsections (2) and (4); (b) in section 76 (subordinate legislation), in subsection (5)(a), for “, 57(5) or 70(2)” substitute “or 57(5)”; (c) omit Schedule 6 (trigger offences). ## 188 Cautions given to persons having limited leave to enter or remain in UK {#section-188} (1) In section 22(3G) of the Criminal Justice Act 2003 (conditional cautions: meaning of “relevant foreign offender”) before paragraph (a) insert— (za) an offender who has limited leave to enter or remain in the United Kingdom (within the meaning of the Immigration Act 1971), . (2) In section 103(4) of the Police, Crime, Sentencing and Courts Act 2022 (diversionary cautions: meaning of “relevant foreign offender”) before paragraph (a) insert— (za) an offender who has limited leave to enter or remain in the United Kingdom (within the meaning of the Immigration Act 1971), . ## 189 Confiscation {#section-189} (1) Schedule 21 makes provision about confiscation orders in England and Wales. (2) Schedule 22 makes provision about confiscation orders in Northern Ireland. (3) Schedule 23 makes provision about confiscation orders in Scotland. ## 190 Proceedings for civil recovery: costs and expenses {#section-190} (1) After section 288 of the Proceeds of Crime Act 2002 insert— Proceedings for civil recovery: costs and expenses Costs orders and expenses orders 288A (1) The court may not make an order that any costs or, in Scotland, expenses of proceedings under this Chapter are payable by the enforcement authority, unless— (a) the authority acted unreasonably in taking the proceedings, making or opposing the application to which the proceedings relate, or supporting or opposing the making of the order to which the proceedings relate, (b) the authority acted dishonestly or improperly in the course of the proceedings, or (c) it would be just and reasonable to make such an order, and for this purpose it is not to be assumed that it is generally just and reasonable for the unsuccessful party to pay. (2) A reference in subsection (1) to proceedings under this Chapter includes any appeal arising out of proceedings under this Chapter. (2) The amendment made by subsection (1) does not apply in relation to costs or, in Scotland, expenses— (a) of proceedings for a recovery order that are started before the day on which this section comes into force (“the commencement day”), or (b) that are incurred in respect of a pre-commencement interim application. (3) A “pre-commencement interim application” means an application, made by the enforcement authority before the commencement day, for a property freezing order, an interim receiving order, a prohibitory property order or an interim administration order (including such an application made in relation to proceedings for a recovery order that are started on or after the commencement day). (4) Terms used in this section and in Chapter 2 of Part 5 of the Proceeds of Crime Act 2002 have the same meaning in this section as they have in that Chapter (see section 316 of that Act). ## 191 Extension of polygraph condition to certain offenders {#section-191} (1) Section 28 of the Offender Management Act 2007 (application of polygraph condition) is amended as follows. (2) In subsection (1), after “applies” insert “(see subsections (2), (2A) and (2B))”. (3) After subsection (2) insert— (2A) This section also applies to a person serving a relevant custodial sentence in respect of an offence of murder who— (a) the Secretary of State considers poses a risk of committing a relevant sexual offence on release, (b) is released on licence by the Secretary of State under any enactment, and (c) is aged 18 or over on the day the person is released. (2B) This section also applies to a person serving a relevant custodial sentence in respect of an offence who— (a) at any earlier time during that sentence was concurrently serving a relevant custodial sentence in respect of a relevant sexual offence, (b) is released on licence by the Secretary of State under any enactment, and (c) is aged 18 or over on the day the person is released. (4) In subsection (4A)— (a) omit the “or” before paragraph (c); (b) at the end of that paragraph insert , or (d) an offence within any of subsections (4BA) to (4BC) which the Secretary of State is satisfied— (i) was, or took place in the course of, an act of terrorism, or (ii) was committed for the purposes of terrorism. (5) In subsection (4B), after paragraph (b) insert— (c) in paragraph (d) “terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act). (6) After subsection (4B) insert— (4BA) An offence is within this subsection if— (a) it was committed before 18 June 2009, (b) it was punishable with imprisonment for more than 2 years, and (c) it is not specified in Schedule A1 to the Sentencing Code (and, in the case of a service offence, the corresponding offence is not so specified). (4BB) An offence is within this subsection if— (a) it was committed on or after 18 June 2009 but before 29 June 2021, (b) it was punishable with imprisonment for more than 2 years, (c) it is not specified in Schedule A1 to the Sentencing Code, (d) it was not an offence in relation to which section 30 or 31 of the Counter-Terrorism Act 2008 or section 69 of the Sentencing Code applied (and was not an offence in relation to which section 31 of the Counter-Terrorism Act 2008 would have applied if paragraph (b) of subsection (1) of that section were omitted), and (e) it is not a service offence. (4BC) An offence is within this subsection if— (a) it is a service offence, (b) it was committed on or after 18 June 2009 but before any day specified for the coming into force of section 1 of the Counter-Terrorism and Sentencing Act 2021 for the purposes of section 69 of the Sentencing Code as applied by section 238 of the Armed Forces Act 2006, (c) it was punishable with imprisonment for more than 2 years, (d) it was not an offence in relation to which section 32 of the Counter-Terrorism Act 2008 or section 69 of the Sentencing Code applied, and (e) the corresponding offence is not specified in Schedule A1 to the Sentencing Code. (7) In subsection (4C) after “section” insert “(except subsections (4BA) to (4BC))”. (8) In subsection (4D) for “subsection (4C)” substitute “subsections (4BA) to (4C)”. ## 192 Duty of offender to notify details {#section-192} (1) The Sentencing Code is amended as follows. (2) After section 97 insert— Duty of offender to notify details to panel 97A (1) This section applies where— (a) a referral order has been made in relation to an offender and has not been revoked or discharged, and (b) a youth offender contract has taken effect between the offender and a youth offender panel. (2) The offender must notify the relevant member of the panel of— (a) each name which the offender uses but which was not mentioned in the referral order, and (b) each of the offender’s telephone numbers and email addresses (if any). (3) The offender must comply with subsection (2) in relation to a name, telephone number or email address as soon as reasonably practicable after the contract takes effect or the person first uses that name or obtains that telephone number or email address. (4) An obligation under subsection (2) takes effect as if it were a term of the youth offender contract. (5) The “relevant member” of the panel is the member of the panel who, in accordance with arrangements made by the panel, is for the time being responsible for receiving notifications under this section. (6) The relevant member of the panel must be someone who is also a member of the specified youth offending team. (7) The panel must give the offender written notification of the name and contact details of the relevant member of the panel. (8) This section applies in relation to referral orders made before (as well as those made after) this section comes into force. (3) In section 193 (youth rehabilitation orders: duty of offender to keep in touch with responsible officer etc)— (a) in subsection (2), for paragraph (b) substitute— (b) must notify the responsible officer of— (i) any name which the offender uses but which is not mentioned in the youth rehabilitation order, (ii) each of the offender’s telephone numbers and email addresses (if any), and (iii) any change of address. ; (b) after subsection (2) insert— (2A) The offender must comply with subsection (2)(b)(i) and (ii) in relation to a name, telephone number or email address as soon as reasonably practicable after the order is made or the person first uses that name or obtains that telephone number or email address. ; (c) in subsection (3), for “This obligation” substitute “An obligation under subsection (2)”; (d) after that subsection insert— (4) This section applies in relation to youth rehabilitation orders made before (as well as those made after) section 192 of the Crime and Policing Act 2026 comes into force. (4) In section 215 (community orders: duty of offender to keep in touch with responsible officer)— (a) in the heading, at the end insert “etc”; (b) for subsection (2) substitute— (2) In the case of any community order (whenever the offender was convicted), the offender— (a) must keep in touch with the responsible officer in accordance with any instructions the responsible officer may give the offender from time to time, and (b) must notify the responsible officer of— (i) any name which the offender uses but which is not mentioned in the community order, and (ii) each of the offender’s telephone numbers and email addresses (if any). (2ZA) The offender must comply with subsection (2)(b) in relation to a name, telephone number or email address as soon as reasonably practicable after the order is made or the person first uses that name or obtains that telephone number or email address. ; (c) in subsection (3) for “This obligation” substitute “An obligation under this section”; (d) after that subsection insert— (4) The obligations under subsection (2) apply in relation to community orders made before (as well as those made after) section 192 of the Crime and Policing Act 2026 comes into force. (5) In section 301 (suspended sentence orders: duty of offender to keep in touch with responsible officer)— (a) in the heading at the end insert “etc”; (b) for subsection (2) substitute— (2) In the case of any suspended sentence order (whenever the offender was convicted) the offender— (a) must keep in touch with the responsible officer in accordance with such instructions as the responsible officer may give the offender from time to time, and (b) must notify the responsible officer of— (i) any name which the offender uses but which is not mentioned in the suspended sentence order, and (ii) each of the offender’s telephone numbers and email addresses (if any). (2ZA) The offender must comply with subsection (2)(b) in relation to a name, telephone number or email address as soon as reasonably practicable after the order is made or the person first uses that name or obtains that telephone number or email address. ; (c) in subsection (3) for “That obligation” substitute “An obligation under this section”; (d) after that subsection insert— (4) The obligations under subsection (2) apply in relation to suspended sentence orders made before (as well as those made after) section 192 of the Crime and Policing Act 2026 comes into force. (6) In consequence of the amendments made by this section, in section 149 of the Police, Crime, Sentencing and Courts Act 2022 omit subsections (2)(d) and (3)(d). ## 193 Notification requirements for child cruelty offenders {#section-193} (1) The Secretary of State may by regulations require child cruelty offenders to notify specified matters to the police. (2) “Child cruelty offender” means a person who, in England and Wales— (a) is convicted of a child cruelty offence, (b) is found not guilty of a child cruelty offence by reason of insanity, (c) is found to be under a disability and to have done the act charged against the person in respect of a child cruelty offence, or (d) is cautioned in respect of a child cruelty offence after the person has admitted the offence, on or after the day on which the regulations come into force. (3) A “child cruelty offence” means an offence listed in Schedule 24. (4) The regulations may in particular make provision— (a) about the period for which a child cruelty offender is subject to notification requirements (which may be an indefinite period); (b) about the occasions on which, or intervals at which, a child cruelty offender is required to give notifications; (c) about the time limits for giving a notification; (d) about how notifications are to be given to the police (which may include provision for notifications to be given to persons authorised by the police in accordance with the regulations); (e) requiring a child cruelty offender to allow photographs and fingerprints to be taken for the purposes of verifying the offender’s identity; (f) requiring or authorising a person with parental responsibility for a child cruelty offender to give notifications, where the offender is under 18; (g) for specified notification requirements to apply to a child cruelty offender only if the offender has been given notice by a police officer, in accordance with the regulations, that those requirements apply; (h) for reviews of whether a child cruelty offender should remain subject to notification requirements, or to specified notification requirements; (i) for a child cruelty offender to cease to be subject to notification requirements, or to specified notification requirements, following a review. (5) If the regulations make provision for a child cruelty offender to be subject to notification requirements for an indefinite period, they must make provision under which the child cruelty offender may cease to be subject to the notification requirements following a review. (6) The matters which may be specified in the regulations as matters which must be notified include, in particular, any matter a relevant offender is required to notify to the police by or under Part 2 of the Sexual Offences Act 2003 (as it has effect in England and Wales). (7) Before making regulations under this section the Secretary of State must consult— (a) the National Police Chiefs’ Council, and (b) any other persons the Secretary of State considers appropriate. (8) In this section— “notification requirements” means requirements imposed by the regulations; “specified” means specified in the regulations. ## 194 Notification requirements for child cruelty offenders: enforcement {#section-194} (1) Regulations under section 193 may provide for a person to commit an offence if, without reasonable excuse, they— (a) fail to comply with a specified notification requirement, or (b) in purported compliance with a specified notification requirement, notify information that they know to be false. (2) The maximum penalty specified for an offence must not exceed (but may be less than)— (a) on summary conviction, imprisonment for a term of the general limit in a magistrates’ court or a fine (or both); (b) on conviction on indictment, imprisonment for a term of 5 years or a fine (or both). (3) Regulations under section 193 may confer on a constable power to enter and search relevant premises. (4) The regulations must provide for the power to be exercisable only— (a) under the authority of a warrant issued by a justice of the peace (which may authorise the use of reasonable force), (b) where it is necessary for a constable to enter and search the premises for the purpose of assessing the risks posed by a child cruelty offender who is subject to notification requirements, and (c) where a constable has sought, and been unable to obtain, entry to the premises for that purpose on at least two occasions. (5) Premises are “relevant premises” if there are reasonable grounds to believe (because of a notification given under the regulations or otherwise) that the child cruelty offender resides, or may regularly be found, at the premises. (6) In this section— “notification requirements” means requirements imposed by regulations under section 193; “specified” means specified in the regulations. ## 195 Notification requirements for child cruelty offenders: power to amend Schedule 24 {#section-195} (1) The Secretary of State may by regulations amend— (a) Schedule 24 (child cruelty offences); (b) section 196 for the purposes of that Schedule. (2) Regulations under subsection (1) may add an offence to Schedule 24 only if— (a) the Secretary of State considers it appropriate to do so, having regard to the nature and seriousness of the harm that may be caused to persons under 18 by conduct constituting the offence, and (b) the offence is not listed in Schedule 3 to the Sexual Offences Act 2003 (offences to which Part 2 of that Act applies) (disregarding for this purpose any condition subject to which an offence is listed in that Schedule). (3) Where an offence is capable of being committed against a person aged 18 or over, an amendment adding it to Schedule 24 must include a condition that the victim was under 18. (4) An amendment of Schedule 24 or section 196 within subsection (5) does not apply to convictions, findings and cautions before the amendment takes effect. (5) An amendment is within this subsection if it— (a) adds an offence, (b) removes a condition relating to an offence, or (c) changes a condition in such a way as to cause an offence committed by or against a person of a particular age in certain circumstances, or resulting in a particular disposal, to be within the Schedule when it would not otherwise be. (6) Before making regulations under this section the Secretary of State must consult— (a) the National Police Chiefs’ Council, and (b) any other persons the Secretary of State considers appropriate. ## 196 Notification requirements for child cruelty offenders: interpretation {#section-196} (1) In section 193(2), a reference to a conviction includes a reference to a finding of a magistrates’ court, where the court makes an order under section 37(3) of the Mental Health Act 1983, that the accused did the act charged. (2) The following provisions do not apply for the purposes of section 193(2)— (a) section 82(2) of the Sentencing Code, and (b) section 187(1) of the Armed Forces Act 2006, (conviction with absolute or conditional discharge deemed not to be a conviction). (3) A reference in Schedule 24 to an offence (“offence A”) includes— (a) an attempt or conspiracy to commit offence A; (b) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to which offence A is the offence (or one of the offences) which the person believed would be committed; (c) aiding, abetting, counselling or procuring the commission of offence A. (4) References in Schedule 24 to a person’s age are to the person’s age at the time of the offence. (5) References in Schedule 24 to imprisonment include— (a) a period of detention which a person is liable to serve under a detention and training order; (b) a sentence of detention in a young offender institution; (c) a sentence of detention under section 250 of the Sentencing Code or section 209 of the Armed Forces Act 2006; (d) a sentence of custody for life under section 272 of the Sentencing Code (including one passed as a result of section 210A of the Armed Forces Act 2006); (e) an extended sentence under section 254 of the Sentencing Code (including one passed as a result of section 221A of the Armed Forces Act 2006). ## 197 Accelerated investigation procedure in respect of criminal conduct {#section-197} (1) In paragraph 20 of Schedule 3 to the Police Reform Act 2002 (restrictions on proceedings pending the conclusion of an investigation), in sub-paragraph (1), before paragraph (a) insert— (za) a determination under paragraph 20ZA has been made in respect of the investigation, . (2) After paragraph 20 of that Schedule, insert— Accelerated procedure in special cases: criminal conduct 20ZA (1) At any time before the completion of an investigation of a complaint or recordable conduct matter by the appropriate authority on its own behalf, the appropriate authority may make a determination that the conditions set out in sub-paragraphs (3) and (4) are satisfied in respect of the investigation. (2) At any time before the completion of an investigation of a complaint or recordable conduct matter by— (a) the appropriate authority under the direction of the Director General, or (b) the Director General, the Director General may make a determination that the conditions set out in sub-paragraphs (3) and (4) are satisfied in respect of the investigation. (3) The first condition is that the investigation indicates that there is sufficient evidence to provide a realistic prospect of conviction for a criminal offence against a person (if any) to whose conduct the investigation relates. (4) The second condition is that— (a) the circumstances are such that, in the opinion of the appropriate authority (if sub-paragraph (1) applies) or the Director General (if sub-paragraph (2) applies), it is appropriate for the matters which are the subject of the investigation to be considered by the Director of Public Prosecutions, or (b) any matters dealt with by the investigation fall within a prescribed category of matters. (5) For the purposes of sub-paragraph (4)(a), the circumstances where the appropriate authority or the Director General may form the opinion that it is not appropriate for the matters which are the subject of the investigation to be considered by the Director of Public Prosecutions include circumstances where, in the opinion of the appropriate authority or (as the case may be) Director General, it is not in the public interest for the matters which are the subject of the investigation to be considered by the Director of Public Prosecutions. (6) In determining whether the conditions in sub-paragraphs (3) and (4) are satisfied in respect of an investigation, the appropriate authority or the Director General must have regard to the Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (insofar as the appropriate authority or, as the case may be, Director General considers it relevant). (7) If the appropriate authority or the Director General makes a determination under sub-paragraph (1) or (2) that the conditions in sub-paragraphs (3) and (4) are satisfied in respect of an investigation, they must give notice of their determination to— (a) the person to whose conduct the investigation relates, (b) where the investigation is of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21, (c) where the investigation is of a recordable conduct matter, every person entitled to be kept properly informed in relation that matter under section 21, and (d) where the determination is made by the Director General, the appropriate authority. (3) For the italic heading before paragraph 20A of that Schedule substitute— Accelerated procedure in special cases: gross misconduct (4) The amendments made by this section do not apply in respect of an investigation relating to a matter if, before the day on which this section comes into force— (a) a complaint was made in respect of the matter, or (b) the matter came to the attention of the appropriate authority or the Director General. Here, “the appropriate authority” and “the Director General” have the meaning given by section 29 of the Police Reform Act 2002. ## 198 Conditions for notification of Director of Public Prosecutions of investigation report {#section-198} (1) In paragraph 23 of Schedule 3 to the Police Reform Act 2002 (action by the Director General of the IOPC in response to an investigation report under paragraph 22 of that Schedule)— (a) for sub-paragraph (2A) substitute— (2A) The first condition is that the report indicates that there is sufficient evidence to provide a realistic prospect of conviction for a criminal offence against a person (if any) to whose conduct the investigation related. ; (b) after paragraph (2B) insert— (2C) For the purpose of sub-paragraph (2B)(a), the circumstances where the Director General may form the opinion that it is not appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions include circumstances where, in the opinion of the Director General, it is not in the public interest for the matters dealt with in the report to be considered by the Director of Public Prosecutions. (2D) In determining whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report, the Director General must have regard to the Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (insofar as the Director General considers it to be relevant). (2) In paragraph 24 of that Schedule (action by appropriate authority in response to an investigation report under paragraph 22 of that Schedule)— (a) for sub-paragraph (2A) substitute— (2A) The first condition is that the report indicates that there is sufficient evidence to provide a realistic prospect of conviction for a criminal offence against a person (if any) to whose conduct the investigation related. ; (b) after sub-paragraph (2B) insert— (2C) For the purpose of sub-paragraph (2B)(a), the circumstances where the appropriate authority may form the opinion that it is not appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions include circumstances where, in the opinion of the appropriate authority, it is not in the public interest for the matters dealt with in the report to be considered by the Director of Public Prosecutions. (2D) In determining whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report, the appropriate authority must have regard to the Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (insofar as the appropriate authority considers it to be relevant). (3) In paragraph 25 of that Schedule (reviews with respect to an investigation)— (a) in sub-paragraph (4F), for “a criminal offence may have been committed by” substitute “there is sufficient evidence to provide a realistic prospect of conviction for a criminal offence against”; (b) after sub-paragraph (4F) insert— (4FA) For the purposes of sub-paragraph (4F)(a), the circumstances where the relevant review body may form the opinion that it is not appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions include circumstances where, in the opinion of the relevant review body, it is not in the public interest for the matters dealt with in the report to be considered by the Director of Public Prosecutions. (4FB) In making a determination under sub-paragraph (4F), the relevant review body must have regard to the Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (insofar as the relevant review body considers it to be relevant). (4) The amendments made by this section do not apply in respect of an investigation relating to a matter (or a report on, or a review relating to, such an investigation) if, before the day on which this section comes into force— (a) a complaint was made in respect of the matter, or (b) the matter came to the attention of the appropriate authority or the Director General. Here, “the appropriate authority” and “the Director General” have the meaning given by section 29 of the Police Reform Act 2002. ## 199 Duty of IOPC Director General to give victims right to request review {#section-199} After paragraph 23 of Schedule 3 to the Police Reform Act 2002 insert— 23A (1) This paragraph applies where— (a) the Director General proposes to make a determination under paragraph 23(2)(b) that one or both of the conditions set out in paragraph 23(2A) and (2B) are not satisfied in respect of a report, and (b) during the course of the investigation to which the report relates, a person (if any) to whose conduct the report relates was informed that the investigation was being treated as concerning conduct in respect of which the person may be prosecuted for a criminal offence. (2) The Director General must— (a) take such steps as the Director General considers reasonable to give to every relevant victim (or a person acting on such a victim’s behalf) the opportunity to request, within the relevant period, that the Director General reviews their proposed determination, and (b) if such a request is made within the relevant period, so review their proposed determination before making a determination under paragraph 23(2)(b). (3) In this paragraph— “the relevant period” means the period that the Director General considers to give a relevant victim a reasonable opportunity to request that the Director General reviews their proposed determination; “relevant victim” means a person— whom the Director General treats as a victim in relation to an alleged criminal offence constituted by conduct— of the person mentioned in sub-paragraph (1)(b), and to which the report relates, and to whom the Director General considers it appropriate to give the opportunity mentioned in sub-paragraph (2)(a). ## 200 Anonymity for authorised firearms officers charged with qualifying offences {#section-200} (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 charged with a qualifying offence. (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 (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 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 202) in respect of D (if one does not already have effect), unless satisfied that it would be contrary to the interests of justice to do so. (4) The court may, if satisfied that it is necessary in the interests of justice to do so, make an anonymity order (see section 203) in respect of D. (5) If D is convicted of the offence— (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 (2), “authorised firearms officer” means— (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 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 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— (i) is deployed in support of a relevant police force or the National Crime Agency, and (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 one designed to be used without its use giving rise to a substantial risk of causing death or serious injury; “lethal barrelled weapon” has the meaning given by section 57(1B) of the Firearms Act 1968; “member of the armed forces” means a person who is subject to service law (see section 367 of the Armed Forces Act 2006); “relevant authority” means— in relation to a member of a relevant police force, the relevant chief officer; in relation to a National Crime Agency officer, the Director General of the National Crime Agency; in relation to a member of the Police Service of Scotland, the Chief Constable of the Police Service of Scotland; in relation to a member of the Police Service of Northern Ireland, the Chief Constable of the Police Service of Northern Ireland; in relation to a member of the armed forces, the Secretary of State; “relevant chief officer” means— in relation to a police force in England and Wales, the chief officer of police of that police force; in relation to the British Transport Police Force, the Chief Constable of the British Transport Police Force; in relation to the Ministry of Defence Police, the Chief Constable of the Ministry of Defence Police; in relation to the Civil Nuclear Constabulary, the Chief Constable of the Civil Nuclear Constabulary; “relevant police force” means— a police force in England and Wales, the British Transport Police Force, the Ministry of Defence Police, or the Civil Nuclear Constabulary; “service court” means— the Court Martial, or the Court Martial Appeal Court. (8) This section does not apply in relation to proceedings begun before the coming into force of this section. ## 201 Anonymity for authorised firearms officers appealing convictions for qualifying offences {#section-201} (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. (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 200(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 202); (c) make an anonymity order in respect of D (see section 203). (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 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 200(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; (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 (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 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 permission; “qualifying offence” has the meaning given by section 200(2). (9) This section does not apply where the proceedings in which D was convicted were begun before the coming into force of section 200. ## 202 Authorised firearms officers: reporting directions {#section-202} (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 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, (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 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; (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 200 and subsections (3), (6) and (7) of section 201. (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 Criminal Evidence Act 1999 (see section 63 of that Act); “qualifying offence” has the meaning given by section 200(2); “relevant court”, in relation to a reporting direction, means— the court that gave the direction, the court (if different) that is currently dealing, or that last dealt, with the proceedings in which the direction was given, or any court dealing with an appeal (including an appeal by way of case stated) arising out of the proceedings in which the direction was given or with any further appeal. ## 203 Authorised firearms officers: anonymity orders {#section-203} (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. (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; (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 (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. (5) In this section— “qualifying offence” has the meaning given by section 200(2); “specified” means specified in the anonymity order concerned. ## 204 Appeals to police appeals tribunals {#section-204} (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”; (b) after subsection (1) insert— (1A) The Secretary of State may by rules make provision enabling a chief officer of police for a police area to appeal to a police appeals tribunal against a decision made in proceedings relating to— (a) a member or former member of the police force maintained for that area, or (b) a special constable or former special constable appointed for that area. (1B) The Secretary of State may by rules make provision enabling a local policing body to appeal to a police appeals tribunal against a decision made in proceedings relating to— (a) the chief officer of police of the police force for which the body is responsible, or (b) any former chief officer of police of that police force. (1C) The Secretary of State may by rules make provision enabling the Director General of the Independent Office for Police Conduct to appeal to a police appeals tribunal against a decision made in proceedings at which the Director General presented the case. ; (c) in subsection (2), for “appellant” substitute “person to whom the appeal relates”. (3) Schedule 6 (appeals to police appeals tribunals) is amended as set out in subsections (4) to (8). (4) In paragraph 1(1) (constitution of police appeals tribunals: senior officers), for “by”, in the first place it occurs, substitute “relating to”. (5) In paragraph 2(1) (constitution of police appeals tribunals: persons other than senior officers), for “by”, in the first place it occurs, substitute “relating to”. (6) In paragraph 7 (orders of police appeals tribunals)— (a) in sub-paragraph (1) at the end insert— But this is subject to sub-paragraph (4). ; (b) in sub-paragraphs (2) and (3), for “appellant” substitute “person to whom the appeal relates”; (c) at the end insert— (4) In a case where— (a) on the determination of an appeal the tribunal makes an order the effect of which is to dismiss the person to whom the appeal relates, and (b) the decision that is the subject of the appeal had not been a decision to dismiss the person, the order takes effect on the date on which it is made. (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— (a) a member or former member of a police force, or (b) a special constable or former special constable. (2) The appellant’s costs are to be paid by the appellant unless the police appeals tribunal directs that the whole or any part of those costs are to be paid by the respondent. (3) The respondent’s costs are to be paid by the respondent. Parties’ costs: appeals by chief officer of police or local policing body 9A (1) This paragraph applies in the case of an appeal by— (a) a chief officer of police (except where the chief officer of police is the person to whom the appeal relates), or (b) a local policing body. (2) The appellant’s costs are to be paid by the appellant. (3) The respondent’s costs are to be paid by the respondent unless the police appeals tribunal directs that the whole or any part of those costs are to be paid by the appellant. Parties’ costs: appeals by IOPC 9B (1) This paragraph applies in the case of an appeal by the Director General of the Independent Office for Police Conduct (“the Director General”). (2) The Director General’s costs are to be paid by the Director General unless— (a) the police appeals tribunal directs that the whole or any part of those costs are to be paid by the appropriate authority, or (b) sub-paragraph (3) applies. (3) The Director General’s costs are to be paid by the appropriate authority where the decision appealed against was made in proceedings— (a) which the Director General directed the appropriate authority to bring, and (b) at which the appropriate authority and the Director General agreed that the Director General should present the case. (4) The respondent’s costs are to be paid by the respondent unless the police appeals tribunal directs that the whole or any part of those costs are to be paid by the Director General. (5) In this paragraph “appropriate authority” means— (a) where the person to whom the appeal relates is or was a chief officer of police, the local policing body which brought the proceedings in which the decision appealed against was made; (b) in any other case, the chief officer of police who brought the proceedings in which the decision appealed against was made. Other costs of appeals 9C (1) The costs and expenses of an appeal under or by virtue of section 85, other than the appellant’s costs or the respondent’s costs, are to be met out of the police fund of the relevant local policing body. (2) In sub-paragraph (1), the reference to the costs and expenses of an appeal includes any remuneration or expenses paid by virtue of paragraph 8. (8) In paragraph 10, in paragraphs (b) and (ba), for “appellant”, in each place it occurs, substitute “person to whom the appeal relates”. (9) In the Ministry of Defence Police Act 1987, in section 4A (appeals against dismissal etc)— (a) in subsection (1), after paragraph (a) insert— (aa) make provision enabling the chief constable of the Ministry of Defence Police to appeal to a police appeals tribunal against a decision relating to— (i) a member of the Ministry of Defence Police other than a senior officer, or (ii) a former member of the Ministry of Defence Police who immediately before ceasing to be such a member was not a senior officer; (ab) make provision enabling the Secretary of State to appeal to a police appeals tribunal against a decision relating to— (i) a senior officer of the Ministry of Defence Police, or (ii) a former member of the Ministry of Defence Police who immediately before ceasing to be such a member was a senior officer; (ac) make provision enabling the Director General of the Independent Office for Police Conduct to appeal to a police appeals tribunal against a decision made in proceedings at which the Director General presented the case; (ad) make provision enabling the Police Ombudsman for Northern Ireland to appeal to a police appeals tribunal against a decision made in proceedings at which the Ombudsman presented the case; ; (b) in subsection (2), for “appellant” substitute “person to whom the appeal relates”; (c) after subsection (4) insert— (4A) Regulations under this section may provide for decisions relating to appeals which would otherwise fall to be taken by the Secretary of State or the chief constable of the Ministry of Defence Police to be taken instead by— (a) a person appointed in accordance with the regulations, or (b) the Ministry of Defence Police Committee. ; (d) in subsection (7), at the end insert— “senior officer” has the same meaning as in section 4. ## 205 Law enforcement employers may not employ etc barred persons {#section-205} (1) Before employing or appointing any person, a law enforcement employer must check each barred list to ascertain whether the proposed employee or proposed appointee is a barred person. (2) A law enforcement employer may not employ a barred person or otherwise appoint a barred person to any position. (3) For the purposes of this section a person who is to be seconded to work for a law enforcement employer, and who will not be employed by that person, is to be regarded as being appointed by that person. (4) Before designating a person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002, a chief officer of police, and the Chief Constable of the British Transport Police Force, must check each barred list to ascertain whether the person is a barred person. (5) A chief officer of police, and the Chief Constable of the British Transport Police Force, may not designate a barred person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002. (6) A law enforcement employer may not enter into a contract for the provision of services if the terms of the contract would permit a barred person to be involved in the exercise of law enforcement functions. (7) A local policing body may not enter into a contract for the provision of services to a chief officer of police if the terms of the contract would permit a barred person to be involved in the exercise of law enforcement functions. (8) In this section “barred list” means— (a) the police barred list maintained under Part 4A of the Police Act 1996; (b) the British Transport Police barred list; (c) the Civil Nuclear Constabulary barred list; (d) the Ministry of Defence Police barred list; (e) the National Crime Agency barred list; (f) the Scottish police barred list maintained under section 59A of the Police and Fire Reform (Scotland) Act 2012 (asp 8). (9) In this section “barred person” means a person who is included in a barred list. ## 206 Meaning of “law enforcement employer” {#section-206} (1) In section 205 “law enforcement employer” means— (a) a chief officer of police; (b) the Director General of the National Crime Agency; (c) the Chief Constable of the British Transport Police Force; (d) the British Transport Police Authority; (e) the Civil Nuclear Police Authority; (f) a local policing body; (g) the chief inspector of constabulary appointed under section 54 of the Police Act 1996; (h) the Independent Office for Police Conduct; (i) the Secretary of State, when exercising functions relating to the Ministry of Defence Police; (j) the College of Policing; (k) a person specified in regulations made by the Secretary of State. (2) A person may be specified in regulations under subsection (1)(k) only if the person has law enforcement functions. (3) If a person has both law enforcement functions and other functions, the person may be specified only— (a) in relation to the exercise of the person’s law enforcement functions, or (b) in relation to the exercise of such of those law enforcement functions as are of a description specified in the regulations. (4) Subsection (1)(i) does not preclude the Secretary of State being specified in relation to the exercise of law enforcement functions of a description not within that subsection. (5) In this section “law enforcement functions” means functions of a public nature that relate to policing or law enforcement. (6) Regulations under this section may not contain provision which would be within the legislative competence of the Scottish Parliament, if contained in an Act of that Parliament. (7) Regulations under this section may not contain provision which— (a) would be within the legislative competence of the Northern Ireland Assembly, if it were contained in an Act of that Assembly, and (b) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998. ## 207 Application of section 205 to Secretary of State {#section-207} (1) The duties in section 205(1) and (2) apply in relation to the Secretary of State only to the extent that the proposed employee or proposed appointee will be involved in the exercise of the functions of the Ministry of Defence Police. (2) The additional duties in subsections (3) and (4) apply where the Secretary of State is proposing to arrange for an existing employee or existing appointee to become involved in the exercise of the functions of the Ministry of Defence Police (not having previously been so involved). (3) Before making the arrangement, the Secretary of State must check each barred list to ascertain whether the existing employee or existing appointee is a barred person. (4) The Secretary of State may not arrange for an existing employee or existing appointee who is a barred person to become involved in the exercise of the functions of the Ministry of Defence Police. (5) For the purposes of this section, a person who is seconded to work for the Secretary of State is to be regarded as an existing appointee of the Secretary of State (if not an existing employee). (6) In this section references to the Secretary of State are to be read in accordance with section 206(1)(i). ## 208 Application of section 205 to specified law enforcement employer {#section-208} (1) The duties in section 205(1) and (2) apply in relation to a specified law enforcement employer only to the extent that the proposed employee or proposed appointee will be involved in the exercise of specified law enforcement functions. (2) The additional duties in subsections (3) and (4) apply where a specified law enforcement employer is proposing to arrange for an existing employee or existing appointee to become involved in the exercise of specified law enforcement functions (not having previously been so involved). (3) Before making the arrangement, the specified law enforcement employer must check each barred list to ascertain whether the existing employee or existing appointee is a barred person. (4) The specified law enforcement employer may not arrange for an existing employee or existing appointee who is a barred person to become involved in the exercise of specified law enforcement functions. (5) For the purposes of this section, a person who is seconded to work for a specified law enforcement employer is to be regarded as an existing appointee of that person (if not an existing employee). (6) In relation to a specified law enforcement employer, section 205(6) applies as if the references to law enforcement functions were to specified law enforcement functions. (7) In this section— “specified law enforcement employer” means a person who is specified as a law enforcement employer in regulations under section 206(1)(k); “specified law enforcement functions” means the law enforcement functions in relation to the exercise of which the person is specified. ## 209 Duty of law enforcement employers to check advisory lists {#section-209} (1) Before employing or appointing any person, a law enforcement employer must check each advisory list to ascertain whether the proposed employee or proposed appointee is included in an advisory list. (2) For the purposes of this section a person who is to be seconded to work for a law enforcement employer, and who will not be employed by that person, is to be regarded as being appointed by that person. (3) Before designating a person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002, a chief officer of police, and the Chief Constable of the British Transport Police Force, must check each advisory list to ascertain whether the person is included in an advisory list. (4) The duty in subsection (1) applies to the Secretary of State only to the extent that the proposed employee or proposed appointee will be involved in the exercise of the functions of the Ministry of Defence Police. (5) In subsection (4) the reference to the Secretary of State is to be read in accordance with section 206(1)(i). (6) In this section “advisory list” means— (a) the police advisory list maintained under Part 4A of the Police Act 1996; (b) the British Transport Police advisory list; (c) the Civil Nuclear Constabulary advisory list; (d) the Ministry of Defence Police advisory list; (e) the National Crime Agency advisory list; (f) the Scottish police advisory list maintained under section 59A of the Police and Fire Reform (Scotland) Act 2012 (asp 8). ## 210 Application of section 209 to specified law enforcement employer {#section-210} (1) The duty in section 209(1) applies to a specified law enforcement employer only to the extent that the proposed employee or proposed appointee will be involved in the exercise of specified law enforcement functions. (2) The additional duty in subsection (3) applies where a specified law enforcement employer is proposing to arrange for an existing employee or existing appointee to become involved in the exercise of specified law enforcement functions (not having previously been so involved). (3) Before making the arrangement, the specified law enforcement employer must check each advisory list to ascertain whether the existing employee or existing appointee is included in an advisory list. (4) For the purposes of this section a person who is seconded to work for a specified person is to be regarded as an existing appointee of that person (if not an existing employee of that person). (5) In this section— “specified law enforcement employer” means a person who is specified as a law enforcement employer in regulations under section 206(1)(k); “specified law enforcement functions” means the law enforcement functions in relation to the exercise of which the person is specified. ## 211 Interpretation of sections 205 to 210 {#section-211} In sections 205 to 210— “advisory list” has the meaning given by section 209(6); “barred list” has the meaning given by section 205(8); “barred person” has the meaning given by section 205(9); “British Transport Police advisory list” means the advisory list maintained by the British Transport Police Authority under Part 2 of Schedule 25; “British Transport Police barred list” means the barred persons list maintained by the British Transport Police Authority under Part 1 of Schedule 25; “chief officer of police” has the same meaning as in the Police Act 1996 (see section 101(1) of that Act); “Civil Nuclear Constabulary advisory list” means the advisory list maintained by the Civil Nuclear Police Authority under Part 2 of Schedule 25; “Civil Nuclear Constabulary barred list” means the barred persons list maintained by the Civil Nuclear Police Authority under Part 1 of Schedule 25; “law enforcement employer” has the meaning given by section 206(1); “law enforcement functions” has the meaning given by section 206(5); “Ministry of Defence Police advisory list” means the advisory list maintained by the Secretary of State under Part 2 of Schedule 25; “Ministry of Defence Police barred list” means the barred persons list maintained by the Secretary of State under Part 1 of Schedule 25; “National Crime Agency advisory list” means the advisory list maintained by the Director General of the National Crime Agency under Part 2 of Schedule 25; “National Crime Agency barred list” means the barred persons list maintained by the Director General of the National Crime Agency under Part 1 of Schedule 25. ## 212 Special police forces: barred persons lists and advisory lists {#section-212} Schedule 25 makes provision for barred persons lists and advisory lists to be maintained by— (a) the British Transport Police Authority, (b) the Civil Nuclear Police Authority, (c) the Director General of the National Crime Agency, and (d) the Secretary of State. ## 213 Consequential amendments {#section-213} (1) In the Police Act 1996 omit— (a) sections 88C to 88E (effect of inclusion in police barred list); (b) section 88K (effect of inclusion in police advisory list). (2) The Police Reform and Social Responsibility Act 2011 is amended as follows. (3) In section 42(3AA) (person on police barred list not eligible for appointment as Commissioner of Police of the Metropolis)— (a) the words from “the police” to the end become paragraph (a); (b) after that paragraph insert— (b) the British Transport Police barred list (within the meaning of section 211 of the Crime and Policing Act 2026; (c) the Civil Nuclear Constabulary barred list (within the meaning of that section); (d) the Ministry of Defence Police barred list (within the meaning of that section); (e) the National Crime Agency barred list (within the meaning of that section); (f) the Scottish police barred list maintained under section 59A of the Police and Fire Reform (Scotland) Act 2012 (asp 8). (4) In section 43(3B) (person on police barred list not eligible for appointment as Deputy Commissioner of Police of the Metropolis)— (a) the words from “the police” to the end become paragraph (a); (b) after that paragraph insert— (b) the British Transport Police barred list (within the meaning of section 211 of the Crime and Policing Act 2026; (c) the Civil Nuclear Constabulary barred list (within the meaning of that section); (d) the Ministry of Defence Police barred list (within the meaning of that section); (e) the National Crime Agency barred list (within the meaning of that section); (f) the Scottish police barred list maintained under section 59A of the Police and Fire Reform (Scotland) Act 2012 (asp 8). ## 214 Power to give directions to critical police undertakings {#section-214} In the Police Act 1996, after section 40C insert— Power to give directions to critical police undertakings 40D (1) The Secretary of State may give a notice under this section to a critical police undertaking. (2) An undertaking is a “critical police undertaking” if— (a) it provides facilities or services to two or more police forces, (b) the provision of facilities or services to police forces is its principal business activity, (c) it is wholly or partly funded by grants from the Secretary of State, and (d) the Secretary of State considers that the facilities or services it provides to police forces are calculated to promote the efficiency and effectiveness of the police. (3) A critical police undertaking to which a notice is given under this section must comply with any directions given to it under this section by the Secretary of State. (4) A direction under this section is a direction requiring the critical police undertaking to which it is given to take, or not to take, action specified in the direction. (5) The action that a direction may require a critical police undertaking to take includes (for example)— (a) entering into agreements, including contracts of employment; (b) appointing officers; (c) exercising a function of management in a particular way; (d) providing information to the Secretary of State. (6) The Secretary of State may give a notice or direction under this section only if the Secretary of State considers that giving the notice or direction is calculated to promote the efficiency and effectiveness of the police. (7) Before giving a notice or direction under this section the Secretary of State must consult the critical police undertaking to which the notice or direction is to be given. (8) A notice or direction under this section must be given in writing. (9) The Secretary of State must lay before Parliament, and publish, a notice or direction given under this section. (10) The Secretary of State may vary or revoke a notice or direction given under this section by giving a further notice or direction under this section. (11) In this section “undertaking” has the meaning given by section 1161(1) of the Companies Act 2006. ## 219 Electronic monitoring of compliance with order: England and Wales {#section-219} (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 220. (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. (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 (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; (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. ## 221 Data from electronic monitoring in England and Wales: code of practice {#section-221} 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 219) imposed by youth diversion orders in England and Wales. ## 226 Appeal against youth diversion order etc {#section-226} (1) A relevant person (as defined by section 225) may appeal against a decision made— (a) on an application under section 215 (application for youth diversion order); (b) under section 224 (interim youth diversion orders); (c) on an application under section 225 (application for variation or discharge of order). (2) An appeal under subsection (1) is to be made— (a) in England and Wales, to the Crown Court; (b) in Scotland, to the Sheriff Appeal Court; (c) in Northern Ireland, to the county court. (3) On an appeal under this section, the court may make— (a) such orders as may be necessary to give effect to its determination of the appeal, and (b) such incidental and consequential orders as appear to it to be appropriate. (4) Rules of court may provide that an appeal from a decision— (a) to dismiss an application for a youth diversion order made without 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. ## 228 Guidance {#section-228} (1) The Secretary of State must issue guidance to chief officers of police about— (a) matters to be taken into account by chief officers of police before making an application for a youth diversion order, including alternatives to making an application, (b) how chief officers of police are to comply with their duties to consult under section 222, and (c) the circumstances in which it may be appropriate for chief officers of police to consult persons other than those mentioned in section 222 before making an application for a youth diversion order or the variation or discharge of such an order. (2) The Secretary of State may— (a) issue guidance to chief officers of police about the exercise of their other functions in respect of youth diversion orders, and (b) revise any guidance under this section. (3) A chief officer of police must have regard to any guidance under this section when exercising a function to which the guidance relates. (4) 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; (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; (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. (5) Any guidance or revisions come into force on a day specified in regulations made by the Secretary of State. (6) Subsections (4) and (5) do not apply to revisions that the Secretary of State considers are not substantial. (7) The Secretary of State must lay before Parliament— (a) any guidance or revisions issued under this section, and (b) in the case of revisions, a statement of whether the Secretary of State considers them to be substantial and, if not, of the reasons why. (8) The Secretary of State must publish any guidance or revisions issued under this section. ## 229 Rules of court about anonymity for respondents {#section-229} (1) Rules of court relating to YDO proceedings may make provision for— (a) the making by chief officers of police or the respondent of an application to a court for an order requiring anonymity for the respondent, and (b) the making by the court, on such an application, of an order requiring such anonymity. (2) In this section references to an order requiring anonymity for the respondent are to an order by a court which imposes such prohibitions or restrictions as it considers appropriate on the disclosure (by persons generally, or by such persons as the court specifies or describes) of— (a) the identity of the respondent, or (b) any information that would tend to identify the respondent. (3) In this section “YDO proceedings” means— (a) proceedings under or by virtue of this Chapter, or (b) proceedings on an appeal against a decision made in any such proceedings. ## 232 Prevention of terrorism and state threats: weapons etc {#section-232} (1) In Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011, in paragraph 6A (weapons and explosives measure)— (a) in sub-paragraph (1)— (i) before paragraph (a) insert— (za) a prohibition on possessing things of a specified description; (zb) a prohibition on possessing things of a specified description without the permission of the Secretary of State; ; (ii) in paragraph (a) omit “offensive weapons,”; (b) after sub-paragraph (1) insert— (1A) The descriptions of things which may be specified under sub-paragraph (1)(za) or (zb) are— (a) any description of corrosive substances (as defined by section 6 of the Offensive Weapons Act 2019); (b) any description of motor vehicles; (c) any description of things made or adapted for use for causing injury to the person; (d) any other description of things which the Secretary of State reasonably considers could be used for causing injury to the person. ; (c) in sub-paragraph (2) omit the definition of “offensive weapon”. (2) In Schedule 7 to the National Security Act 2023 (prevention and investigation measures), in paragraph 7 (weapons and explosives measure)— (a) in sub-paragraph (1)— (i) before paragraph (a) insert— (za) a prohibition on possessing things of a specified description; (zb) a prohibition on possessing things of a specified description without the permission of the Secretary of State; ; (ii) in paragraph (a) omit “offensive weapons,”; (b) after sub-paragraph (1) insert— (1A) The descriptions of things which may be specified under sub-paragraph (1)(za) or (zb) are— (a) any description of corrosive substances (as defined by section 6 of the Offensive Weapons Act 2019); (b) any description of motor vehicles; (c) any description of things made or adapted for use for causing injury to the person; (d) any other description of things which the Secretary of State reasonably considers could be used for causing injury to the person. ; (c) in sub-paragraph (2) omit the definition of “offensive weapon”. (3) The amendments made by this section apply in relation to notices served before (as well as those served after) this section comes into force. ## 233 Offence of wearing or displaying articles in support of proscribed organisation {#section-233} (1) Section 13 of the Terrorism Act 2000 (offence of wearing or displaying articles in support of proscribed organisation) is amended as follows. (2) After subsection (1) insert— (1ZA) A person commits an offence if, on relevant premises, the person— (a) wears an item of clothing, or (b) wears, carries or displays an article, in such a way or in such circumstances as to arouse reasonable suspicion that the person is a member or supporter of a proscribed organisation. (3) In subsection (4)— (a) in paragraph (a) after “(1)” insert “or (1ZA)”; (b) in paragraph (b)— (i) the words from “the evidence” to the end become sub-paragraph (i); (ii) after that sub-paragraph insert , or (ii) the item or article continuing to be displayed. (4) After subsection (6) insert— (7) An item of clothing or other article seized by a constable under subsection (4) may be destroyed. (8) In subsection (1ZA) “relevant premises” means any land and buildings used for the purposes of, or in connection with— (a) a prison within the meaning of the Prison Act 1952; (b) a young offender institution within the meaning of section 43(1) of that Act; (c) a secure training centre within the meaning of section 43(1) of that Act; (d) approved premises within the meaning of section 13 of the Offender Management Act 2007; (e) a prison within the meaning of the Prisons (Scotland) Act 1989; (f) a young offenders institution within the meaning of section 19(1) of that Act; (g) a prison within the meaning of the Prison Act (Northern Ireland) 1953 (c. 18 (N.I.)); (h) a young offenders centre within the meaning of section 2 of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)); (i) a juvenile justice centre within the meaning of Article 51 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)); (j) service custody premises within the meaning of section 300 of the Armed Forces Act 2006; (k) a removal centre within the meaning of section 147 of the Immigration and Asylum Act 1999. (5) In the Armed Forces Act 2006, after section 93ZD (inserted by section 172) insert— Powers of seizure equivalent to powers under section 13 of the Terrorism Act 2000 93ZE (1) This section applies in relation to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under section 13(1ZA) of the Terrorism Act 2000 (wearing or displaying articles in support of proscribed organisation). (2) Section 13(4) to (7) of the Terrorism Act 2000 (powers of seizure) applies in relation to the offence under section 42 as it applies to an offence under section 13(1ZA) of the Terrorism Act 2000, but reading references to a constable as references to a service policeman. ## 235 Sentences for offence of breaching foreign travel restriction order {#section-235} Schedule 27 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). ## 236 Length of terrorism sentence with fixed licence period: Northern Ireland {#section-236} (1) In Article 7 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))— (a) in paragraph (2) omit “Articles 13A, 14 and 15A and”; (b) in paragraph (3) before sub-paragraph (a) insert— (za) Articles 13A and 14 of this Order; . (2) The amendments made by this section apply in relation to convictions occurring on or after the day on which this section comes into force. ## 237 Terrorism offences excepted from defence for slavery or trafficking victims {#section-237} (1) Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply) is amended as follows. (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) section 16 (use and possession of property for terrorism) section 17 (funding arrangements) section 17A (insurance against payments made in response to terrorist demands) section 18 (money laundering) section 19 (disclosure of information: duty) section 21A (failure to disclose: regulated sector) section 38B (information about acts of terrorism) section 39 (disclosure of information prejudicial to investigation) ; (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) . (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) 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) ; (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 (offences relating to notification). Terrorism Prevention and Investigation Measures Act 2011 (c. 23) 35ZB An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (contravention of terrorism prevention and investigation measures notice). Counter-Terrorism and Security Act 2015 (c. 6) 35ZC An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order or notice). (6) The amendments made by this section do not apply in relation to an offence committed before this section comes into force. ## 240 Duty to make statement about proscription regime {#section-240} (1) The Secretary of State must lay before Parliament, and publish, a statement about the general policies and procedures of the Secretary of State in relation to the Secretary of State’s powers under section 3 of the Terrorism Act 2000 (power to amend list of proscribed organisations). (2) The Secretary of State must comply with subsection (1) within six months of the day on which this Act is passed. ## 241 Removal of women from the criminal law related to abortion {#section-241} For the purposes of the law related to abortion, including sections 58 and 59 of the Offences against the Person Act 1861 and the Infant Life (Preservation) Act 1929, no offence is committed by a woman acting in relation to her own pregnancy. ## 243 Implementation of international law enforcement information-sharing agreements {#section-243} (1) The appropriate national authority may by regulations make such provision as the authority considers appropriate for the purpose of, or in connection with, implementing an international agreement so far as relating to the sharing of information for law enforcement purposes, as it has effect from time to time. (2) Subject to subsection (3), regulations under this section may provide that sharing of information in accordance with the regulations does not breach any restriction on the sharing of information (however imposed). (3) Regulations under this section may not require or authorise the making of a disclosure which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016. (4) In this section— “appropriate national authority” has the meaning given in section 244; “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. ## 244 Meaning of “appropriate national authority” {#section-244} (1) In section 243, “appropriate national authority” means the Secretary of State, subject as follows. (2) The Scottish Ministers are also an appropriate national authority in relation to regulations under section 243 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 authority in relation to regulations under section 243 which contain only provision which— (a) would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of that Assembly, and (b) would not, if contained in a Bill for such an Act, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998. (4) The Welsh Ministers are also an appropriate national authority in relation to regulations under section 243 which contain only provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown). (5) The consent of a Minister of the Crown is required before any provision is made by the Welsh Ministers in regulations under section 243 so far as that provision, if contained in an Act of Senedd Cymru, would require the consent of a Minister of the Crown. (6) In Schedule 7B to the Government of Wales Act 2006 (general restrictions on legislative competence of Senedd Cymru), in paragraph 11(6)(b) (exceptions to restrictions relating to Ministers of the Crown)— (a) omit the “or” at the end of sub-paragraph (xii), and (b) after sub-paragraph (xiii) insert ; or (xiv) section 243 of the Crime and Policing Act 2026. (7) In this section, “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975. ## 245 Consultation with devolved authorities about regulations under section 243 {#section-245} Before making regulations under section 243, the Secretary of State must consult— (a) the Scottish Ministers about any provision in the regulations which could be made by those Ministers by virtue of section 244(2); (b) the Department of Justice in Northern Ireland about any provision in the regulations which could be made by that Department by virtue of section 244(3); (c) the Welsh Ministers about any provision in the regulations which could be made by those Ministers by virtue of section 244(4) (ignoring any requirement for the consent of a Minister of the Crown under section 244(5)). ## 246 Extradition: cases where a person has been convicted {#section-246} (1) The Extradition Act 2003 is amended as follows. (2) In section 20 (case where person has been convicted: category 1 territories)— (a) in subsection (5), for the words from “the person” to the end substitute any of the following applies— (a) the person would be entitled to a retrial or (on appeal) to a review amounting to a retrial; (b) the person would be so entitled unless a court in the territory concerned were to decide that they deliberately absented themselves from their trial; (c) the person was entitled as mentioned in paragraph (a) or (b) but expressly waived that entitlement; (d) having been informed that they were entitled as mentioned in paragraph (a) or (b), the person failed to exercise that entitlement before the end of the period permitted for exercising it. ; (b) after subsection (7) insert— (7A) For the purposes of subsection (1), a person convicted at a trial at which they were legally represented (but not present in person) is to be treated as having been convicted in their presence. ; (c) in subsection (8), in the words before paragraph (a)— (i) after “constitute” insert “(or would have constituted)”; (ii) after “have” insert “(or would have had)”. (3) In section 85 (case where person has been convicted: category 2 territories)— (a) in subsection (5), for the words from “the person” to the end substitute any of the following applies— (a) the person would be entitled to a retrial or (on appeal) to a review amounting to a retrial; (b) the person would be so entitled unless a court in the territory concerned were to decide that they deliberately absented themselves from their trial; (c) the person was entitled as mentioned in paragraph (a) or (b) but expressly waived that entitlement; (d) having been informed that they were entitled as mentioned in paragraph (a) or (b), the person failed to exercise that entitlement before the end of the period permitted for exercising it. ; (b) after subsection (7) insert— (7A) For the purposes of subsection (1), a person convicted at a trial at which they were legally represented (but not present in person) is to be treated as having been convicted in their presence. ; (c) in subsection (8), in the words before paragraph (a)— (i) after “constitute” insert “(or would have constituted)”; (ii) after “have” insert “(or would have had)”. ## 247 OFCOM’s notices to providers of internet services {#section-247} (1) In Chapter 5 of Part 1 of the Coroners and Justice Act 2009 (coroners: further provision to do with investigations and deaths), before section 32 insert— Duty to notify OFCOM of certain child deaths 31A (1) A senior coroner who is made aware that the body of a deceased child is within that coroner’s area must notify the Office of Communications (OFCOM) of that fact within 5 working days of being made aware of the body, unless— (a) the coroner decides that the death is not one into which the coroner has a duty under section 1(1) to conduct an investigation, or (b) the coroner is satisfied that no purpose would be served by OFCOM giving a notice under section 101(C1) of the Online Safety Act 2023 requiring the retention of information about the use of internet services by the child who has died, because such information is of no relevance to the child’s death. (2) In this section “child” means a person who, at the time of death, was (to the best of the coroner’s knowledge) aged between 5 and 17. (3) In this section “working day” means any day other than— (a) Saturday or Sunday, (b) Christmas Day or Good Friday, or (c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales. (2) The Online Safety Act 2023 is amended in accordance with subsections (3) and (4). (3) In section 101 (information in connection with an investigation into the death of a child)— (a) in subsection (A1)(a), after “child,” insert “or (in England and Wales) notifies OFCOM of the death of a child as required by section 31A of the Coroners and Justice Act 2009,”; (b) after subsection (G1) insert— (H1) Regulations under subsection (E1)(a) may make provision by reference to a document as amended from time to time. (4) In section 102 (information notices), in subsection (5A)(c), for “for the period of one year beginning with the date of the notice,” substitute — (i) where the investigating authority is a senior coroner (in England and Wales), for the period of six months beginning with the date of the notice, or (ii) in other cases, for the period of one year beginning with the date of the notice, . ## 248 Power to amend Online Safety Act 2023: AI {#section-248} (1) The Online Safety Act 2023 is amended as follows. (2) After section 216 insert— Power to amend Act: illegal AI-generated content etc Power to amend Act in relation to illegal AI-generated content etc 216A (1) Subject to subsection (14)(b), the Secretary of State may by regulations amend any provision of this Act for or in connection with the purposes of minimising or mitigating the risks of harm to individuals in the United Kingdom presented by— (a) illegal AI-generated content; (b) the use of AI services for the commission or facilitation of priority offences. (2) In this section, “AI service” means an internet service that is capable (or part of which is capable) of generating AI-generated content (no matter what proportion of content on the service is AI-generated). (3) The provision that may be made by regulations includes provision securing that any or all of the duties set out in subsection (4) are imposed on providers of AI services in relation to— (a) illegal AI-generated content; (b) the design, operation or use of AI services so far as relating to illegal AI-generated content; (c) the use of AI services for the commission or facilitation of priority offences. (4) The duties referred to in subsection (3) are— (a) duties imposed on providers of regulated user-to-user services by section 9 or 10 (illegal content and activity) or any of sections 20 to 23 so far as relating to section 9 or 10; (b) duties imposed on providers of regulated search services or combined services by section 26 or 27 (search content that is illegal content) or any of sections 31 to 34 so far as relating to section 26 or 27; (c) duties corresponding or similar to the duties in paragraph (a) or (b). (5) The provision that may be made by regulations by virtue of subsection (3) includes provision imposing duties on providers of AI services in relation to illegal AI-generated content of all kinds even where a corresponding or similar duty imposed on providers of regulated user-to-user or search services relates only to priority illegal content. (6) The provision that may be made by regulations includes provision securing that the duties imposed on providers of Category 1 services and Category 2A services by section 38 or 39 (fraudulent advertising), or duties corresponding or similar to those duties, are imposed on providers of AI services in relation to fraudulent advertisements (whether or not AI-generated). (7) The provision that may be made by regulations includes provision securing that the requirements imposed on providers of Part 3 services by section 66 (reporting CSEA content), or requirements corresponding or similar to those requirements, are imposed on providers of AI services in relation to AI-generated CSEA content (and if such corresponding or similar requirements are imposed, regulations may amend section 67(1) so as to refer to the provision imposing them, as well as to section 66). (8) The provision that may be made by regulations includes provision securing any of the following— (a) that providers of AI services are subject to the requirements imposed on providers of regulated services by, or by OFCOM under, Part 6 (fees), or are subject to requirements corresponding or similar to those requirements; (b) that duties imposed on OFCOM in relation to Part 3 services by Chapter 3 of Part 7 (OFCOM’s register of risks, and risk profiles), or duties corresponding or similar to those duties, are imposed on OFCOM in relation to AI services, so far as relating to illegal AI-generated content generated by such services or their use for the commission or facilitation of priority offences; (c) that functions conferred on OFCOM in relation to regulated services under the following provisions, or functions corresponding or similar to those functions, are conferred on OFCOM in relation to AI services, so far as relating to provision made by the regulations— (i) Chapter 4 of Part 7 (information); (ii) Chapter 6 of Part 7 (enforcement), including provisions of that Chapter conferring power for OFCOM to impose monetary penalties; (d) that powers conferred on OFCOM in relation to Part 3 services under Chapter 5 of Part 7 (notices to deal with terrorism content and CSEA content), or powers corresponding or similar to those powers, are conferred on OFCOM in relation to AI services, so far as relating to AI-generated terrorism content or AI-generated CSEA content; (e) that OFCOM have power to make provision in guidance or a code of practice relating to provision made by the regulations. (9) The provision that may be made by regulations includes provision securing that any provision of this Act that applies in relation to illegal content or illegal content of a particular kind applies (with or without modifications), or does not apply, in relation to illegal AI-generated content or illegal AI-generated content of a particular kind. (10) The provision that may be made by regulations includes provision amending any definition in this Act, including (but not limited to)— (a) provision securing that AI services fall within the definition of “regulated user-to-user service”, “regulated search service”, “combined service”, “Part 3 service” or “regulated service” (so far as that is not already the case) or are excluded from any of those definitions; (b) provision giving the meaning of any defined term in relation to AI services, AI-generated content or AI-generated content of a particular kind. (11) Regulations may make provision securing that providers of specified kinds of AI services are exempt from the requirement to comply with specified duties or requirements imposed by the regulations. (12) The provision that may be made by regulations includes— (a) provision in relation to AI services that corresponds or is similar to provision in Chapter 2 of Part 7 (register of categories of services); (b) provision conferring power on the Secretary of State to make regulations containing provision in relation to AI services that corresponds or is similar to provision that may be made by regulations under paragraph 1 of Schedule 11 (“threshold conditions”). (13) Regulations may make provision having the effect that AI services provided from outside the United Kingdom are regulated by this Act (as well as AI services provided from within the United Kingdom), but, if they do so, must contain equivalent provision to that made in relation to user-to-user services and search services by section 4(5) and (6) (UK links). (14) Regulations— (a) may (among other things) amend any provision of this Act that mentions an automated tool or a bot (including section 59(12)); (b) may not amend section 234 (“harm” etc). (15) Regulations— (a) may make different provision with regard to AI services of different kinds; (b) may make provision with regard to AI services generally or any one or more specified kinds of AI service; (c) may make different provision with regard to AI-generated content generated by different kinds of automated tools or functionalities available on AI services; (d) may make provision with regard only to AI-generated content generated by specified kinds of automated tools or functionalities available on AI services. (16) Regulations may make provision as to the meaning of any reference to “AI-generated”, or “AI-generated content”, inserted by the regulations into this Act. (17) In this section— “AI” is short for artificial intelligence; “AI-generated CSEA content” means CSEA content that is AI-generated, and “CSEA content” here has the same meaning as in Part 3 (see section 59) except that section 59(14)(a) is to be disregarded; “AI-generated terrorism content” means terrorism content that is AI-generated, and “terrorism content” here has the same meaning as in Part 3 (see section 59) except that section 59(14)(a) is to be disregarded; “amend” includes repeal and apply (with or without modifications); “fraudulent advertisement” has the meaning given by section 38 or 39 (depending on the kind of AI service in question), disregarding the fact that the definition in those sections applies in relation only to a Category 1 service or a Category 2A service; “illegal AI-generated content” means illegal content that is AI-generated; “illegal content” has the same meaning as in Part 3 (see section 59), except that where that term is used in the definition of “illegal AI-generated content”, section 59(14)(a) is to be disregarded; “priority illegal content” has the same meaning as in Part 3 (see section 59); “priority offence” has the same meaning as in Part 3 (see section 59); “regulations”, except in subsection (12)(b), means regulations under subsection (1); “specified” means specified in regulations. (3) In section 225 (Parliamentary procedure for regulations), in subsection (1), after paragraph (f) insert— (fa) regulations under section 216A(1), . ## 249 Section 248: duty to make progress report {#section-249} (1) The Secretary of State must, no later than 31 December 2026, lay before Parliament a report about the progress that has been made towards making regulations under section 216A of the Online Safety Act 2023 (power to amend Act in relation to illegal AI-generated content). (2) Subsection (1) does not apply if a draft of a statutory instrument containing regulations under that section is laid before Parliament before 31 December 2026. ## 250 Criminal liability of bodies corporate and partnerships where senior manager commits offence {#section-250} (1) Where a senior manager of a body corporate or partnership (“the organisation”) acting within the actual or apparent scope of their authority commits an offence under the law of England and Wales, Scotland or Northern Ireland, the organisation also commits the offence (subject to subsection (2)). (2) An organisation does not commit an offence by virtue of subsection (1) if— (a) all of the conduct constituting the offence occurs outside the United Kingdom, and (b) the organisation would not commit the offence if that conduct were the organisation’s (rather than the senior manager’s). (3) In this section— “body corporate” includes a body incorporated outside the United Kingdom but does not include— a corporation sole, or a partnership that (whether or not a legal person) is not regarded as a body corporate under the law by which it is governed; “partnership” means— a partnership within the meaning of the Partnership Act 1890, a limited partnership registered under the Limited Partnerships Act 1907, or a firm or other entity of a similar character to one within paragraph (a) or (b) formed under the law of a country or territory outside the United Kingdom; “senior manager”, in relation to a body corporate or partnership, means an individual who plays a significant role in— the making of decisions about how the whole or a substantial part of the activities of the body corporate or partnership are to be managed or organised, or the managing or organising of the whole or a substantial part of those activities. (4) Proceedings for an offence alleged to have been committed by a partnership by virtue of this section must be brought in the name of the partnership (and not in that of any of the partners). (5) For the purposes of such proceedings— (a) rules of court relating to the service of documents have effect as if the partnership were a body corporate, and (b) the following provisions apply as they apply in relation to a body corporate— (i) section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980; (ii) sections 34(2), 66(6AA) and 72D(2) of the Criminal Procedure (Scotland) Act 1995; (iii) section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)). (6) A fine imposed on a partnership on its conviction for an offence committed by virtue of this section is to be paid out of the partnership assets. (7) In consequence of the provision made by this section, omit the following provisions of the Economic Crime and Corporate Transparency Act 2023— (a) sections 196 to 198 (including the italic heading before those sections); (b) in section 217, subsection (5)(f) and the words “197(1) or” in subsections (8) and (9); (c) Schedule 12. ## 251 Powers to make consequential amendments etc {#section-251} (1) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate in consequence of this Act. (2) The power in section 419(1) of the Sentencing Act 2020 (power to state effect of commencement provisions) applies in relation to any amendment or repeal made by or under this Act of that Act as it applies in relation to an amendment or repeal made by Schedule 22 to that Act. (3) The Scottish Ministers may by regulations make such provision within devolved competence as they consider appropriate in consequence of— (a) sections 48 and 49; (b) section 64(1) and Schedule 7; (c) Chapter 2 of Part 4; (d) sections 74 and 76; (e) section 105; (f) Chapter 5 of Part 5; (g) section 141; (h) section 189(3) and Schedule 23. For this purpose, provision is “within devolved competence” if it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament. (4) The Department of Justice in Northern Ireland may by regulations make such transferred provision as it considers appropriate in consequence of— (a) section 34; (b) sections 39 to 41; (c) section 43; (d) sections 48 and 49; (e) section 64(2) and Schedule 8; (f) Chapter 2 of Part 4; (g) section 73; (h) section 104; (i) Chapter 5 of Part 5; (j) sections 134 to 136; (k) section 138; (l) section 189(2) and Schedule 22. (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 (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. ## 252 Regulations {#section-252} (1) A power to make regulations includes power to make— (a) consequential, supplementary, incidental, transitional, transitory or saving provision; (b) different provision for different purposes or areas. (2) Regulations of the Secretary of State are to be made by statutory instrument. (3) The Secretary of State may not make a statutory instrument containing any of the following (whether alone or with other provision) unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament— (a) regulations under section 59(7), 67(1), 68(9), 77(6), 95, 110, 111, 112, 153, 156, 161, 175(2)(a) or (b), 176(7), 193, 195, or 206(1)(k), or Schedule 14 (except for paragraph 1); (b) regulations under section 251(1) that amend primary legislation. (4) Any other statutory instrument made by the Secretary of State containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament. (5) This section does not apply to regulations under section 219(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; “regulations” means regulations under any provision of this Act except section 255. ## 253 Regulations made by the Scottish Ministers, the Department of Justice or the Welsh Ministers {#section-253} (1) The following regulations (which are made by the Scottish Ministers) are subject to the affirmative procedure— (a) regulations under section 67(2); (b) regulations under section 251(3) that amend primary legislation; (c) regulations under paragraph 10(4) of Schedule 7. (2) Any other regulations made by the Scottish Ministers under this Act are subject to the negative procedure. (3) For the meaning of “affirmative procedure” and “negative procedure”, see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). (4) A power of the Department of Justice in Northern Ireland to make regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). (5) The following regulations may not be made unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly— (a) regulations under section 67(3); (b) regulations under section 251(4) that amend primary legislation; (c) regulations under paragraph 10(6) of Schedule 8. (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 Welsh statutory instrument. (8) Regulations made by the Welsh Ministers under section 243 are subject to the Senedd annulment procedure (see section 37E of the Legislation (Wales) Act 2019 (anaw 4)). (9) In this section— “primary legislation” has the meaning given by section 252; “regulations” means regulations under any provision of this Act except section 255. ## 254 Extent {#section-254} (1) Subject as follows, this Act extends to England and Wales only. (2) The following provisions extend to England and Wales, Scotland and Northern Ireland— (a) Chapter 1 of Part 2; (b) section 31; (c) section 47(2)(d); (d) sections 48(1) to (5) and 49; (e) Chapter 2 of Part 4; (f) section 69; (g) section 72(3); (h) sections 77 to 80 (except section 80(6)) and Schedule 10; (i) section 81(4); (j) section 83(2); (k) section 84; (l) section 97; (m) section 99(5); (n) sections 100 and 101; (o) section 103 and Schedule 14; (p) section 104(5); (q) section 106(7); (r) section 107(5); (s) sections 108 to 112; (t) section 114(5); (u) section 118; (v) section 120; (w) section 122; (x) section 125(1); (y) section 127; (z) section 145(9); (z1) Part 9 (except section 150(3)); (z2) section 170 and Schedule 18; (z3) section 172; (z4) sections 173 to 177; (z5) section 179; (z6) section 190(2) to (4); (z7) sections 200 to 203; (z8) section 204(9); (z9) sections 205 to 212 and Schedule 25; (z10) Part 15 (except section 236 and Schedule 27); (z11) this Part (except section 247(1)); (z12) paragraphs 16, 20 and 24 of Schedule 13. (3) The following provisions extend to England and Wales and Scotland— (a) section 36(1), (3) and (5); (b) section 37; (c) section 38(1) and (2); (d) section 42(1); (e) section 119(1); (f) section 125(2). (4) The following provisions extend to England and Wales and Northern Ireland— (a) section 75(1) to (4); (b) section 104(1) to (3); (c) section 106(2) and (3); (d) section 107(2) and (3), (e) section 134(1); (f) section 135; (g) section 136(1) to (5). (5) Section 121 extends to Scotland and Northern Ireland. (6) The following provisions extend to Northern Ireland— (a) section 34; (b) section 39; (c) section 40; (d) section 41(1) to (3); (e) section 43(1) to (3); (f) section 64(2); (g) section 70; (h) section 125(3); (i) section 130; (j) section 133; (k) section 138; (l) section 140; (m) section 189(2); (n) section 236; (o) Schedule 8; (p) paragraphs 4(3) and 5(5) of Schedule 22. (7) The following provisions extend to Scotland— (a) section 33; (b) section 64(1); (c) section 105; (d) section 189(3); (e) Schedule 7; (f) Schedule 23. (8) Any amendment made by the following provisions has the same extent as the provision amended— (a) section 10; (b) section 29(1) to (3) (and section 29(4) has effect accordingly); (c) section 35; (d) section 36(4); (e) section 38(3) and (4); (f) section 41(4); (g) section 42(2); (h) section 43(4); (i) section 44 and Schedule 5; (j) section 71; (k) section 73; (l) section 74; (m) section 75(5) and (6); (n) section 76; (o) section 115(2); (p) section 119(2); (q) section 124; (r) section 126; (s) section 137; (t) section 141; (u) section 150(3); (v) sections 164 to 168; (w) section 178; (x) section 180; (y) section 181; (z) section 190(1); (z1) section 238; (z2) Schedule 11; (z3) Schedule 15; (z4) Schedule 19; (z5) Schedule 21; (z6) Schedule 22; (z7) Schedule 27. (9) Nothing in subsections (1) to (8) limits the extent within the United Kingdom of the armed forces provisions. (10) 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. (11) In this section “armed forces provision” means— (a) a provision made, or inserted, by or under this Act so far as it is applied (by whatever words) by or under the Armed Forces Act 2006; (b) an amendment, modification or repeal made by or under this Act of— (i) a provision of or made under the Armed Forces Act 2006, (ii) a provision that amends, modifies or repeals a provision of, or made under, that Act, or (iii) any other provision, so far as the provision is applied (by whatever words) by or under that Act. ## 255 Commencement {#section-255} (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) section 68, for the purposes of making regulations; (b) section 69; (c) section 70; (d) section 84; (e) section 181, for the purposes of making regulations; (f) section 183, for the purposes of making regulations; (g) sections 193 to 196 and Schedule 24; (h) section 204, for the purposes of making rules; (i) section 240; (j) section 241; (k) this Part except sections 246, 247 and 250. (3) The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed— (a) section 83; (b) section 96; (c) sections 108 to 112; (d) section 164; (e) section 167; (f) section 168; (g) sections 190 to 192; (h) sections 200 to 203; (i) section 232; (j) sections 235 to 237; (k) section 250; (l) Schedule 27. (4) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act. (5) Regulations of the Secretary of State under this section may make different provisions for different purposes or areas. (6) Regulations of the Secretary of State under this section are to be made by statutory instrument. (7) Sections 35, 48 and 49, and Chapter 5 of Part 5 (except section 125(2) and (3)) come into force— (a) so far as extending to Scotland, on such day as the Scottish Ministers may by regulations 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 provisions come into force on such day as the Department of Justice in Northern Ireland may by order appoint— (a) section 34; (b) sections 39 and 40; (c) section 41(1) to (3), and section 41(4) so far as extending to Northern Ireland; (d) section 43(1) to (3), and section 43(4) so far as extending to Northern Ireland; (e) section 64(2) and Schedule 8; (f) section 71(2), (3) and (4)(b) so far as relating to an offence under section 48; (g) section 73 so far as extending to Northern Ireland; (h) section 104(1) to (3), so far as extending to Northern Ireland; (i) section 125(3); (j) sections 130 and 133; (k) sections 134 to 136, so far as extending to Northern Ireland; (l) section 138; (m) section 189(2) and Schedule 22. (9) Section 140 comes into force on such day as the Department of Health in Northern Ireland may by order appoint. (10) The following provisions come into force on such day as the Scottish Ministers may by regulations appoint— (a) section 33; (b) sections 36 to 38, so far as extending to Scotland; (c) section 64(1) and Schedule 7; (d) sections 74 and 76, so far as extending to Scotland; (e) section 105; (f) section 189(3) and Schedule 23. (11) An order or regulations under subsection (7), (8), (9) or (10) may make— (a) transitional or saving provision; (b) different provision for different purposes. (12) For regulations made by the Scottish Ministers under subsection (7)(a) or (10), see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments). (13) The power to make an order under subsection (7)(b), (8) or (9) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). ## 256 Commencement: consultation requirements {#section-256} (1) Before making regulations under section 255(1) appointing a day on which any provision of Chapter 2 or 4 of Part 4, or section 125(1), comes into force, the Secretary of State must consult— (a) the Scottish Ministers, and (b) the Department of Justice in Northern Ireland. (2) Before making regulations under section 255(7)(a) appointing a day on which section 125(1) comes into force, the Scottish Ministers must consult— (a) the Secretary of State, and (b) the Department of Justice in Northern Ireland. (3) Before making an order under section 255(7)(b) appointing a day on which section 125(1) comes into force, the Department of Justice in Northern Ireland must consult— (a) the Secretary of State, and (b) the Scottish Ministers. ## 257 Short title {#section-257} This Act may be cited as the Crime and Policing Act 2026. ## Schedule 1 Youth injunctions, housing injunctions and consequential amendments {#schedule-1} Section 2 Part 1 Amendments of the Anti-social Behaviour, Crime and Policing Act 2014 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)— (a) after “section” insert “(a “youth injunction”)”; (b) after “over” insert “but under 18”. (4) In subsection (4), for “An injunction under this section” substitute “A youth injunction”. (5) After subsection (4) insert— (4A) But a youth injunction may not have the effect of excluding the respondent from the place where the respondent normally lives. (6) In subsection (5)— (a) for “an injunction under this section” substitute “a youth injunction”; (b) in paragraph (a), for the words from “works” to “establishment” substitute “attends school or any other educational establishment, or at which the respondent normally works”; (c) in paragraph (b), for “may be” substitute “is”. (7) For subsection (6) substitute— (6) A youth injunction must specify the period for which it has effect, which must be no more than 12 months. (8) In subsection (7), for “An injunction under this section” substitute “A youth injunction”. (9) For subsection (8) substitute— (8) An application for a youth injunction must be made to a youth court. (10) At the end insert— (9) In this Part, anti-social behaviour means— (a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or (b) housing-related anti-social conduct (see section 2). 3 After section 1 insert— Power to grant housing injunctions 1A (1) A court may grant an injunction under this section (a “housing injunction”) against a person aged 18 or over (“the respondent”) if two conditions are met. (2) The first condition is that the court is satisfied, on the balance of probabilities, that the respondent has engaged or threatens to engage in housing-related anti-social conduct (see section 2). (3) The second condition is that the court considers it just and convenient to grant the injunction for the purpose of preventing the respondent from engaging in housing-related anti-social conduct. (4) A housing injunction may for the purpose of preventing the respondent from engaging in housing-related anti-social conduct— (a) prohibit the respondent from doing anything described in the injunction; (b) require the respondent to do anything described in the injunction. (5) Prohibitions and requirements in a housing injunction must, so far as practicable, be such as to avoid— (a) any interference with the times, if any, at which the respondent normally works or attends any educational establishment; (b) any conflict with the requirements of any other court order or injunction to which the respondent may be subject. (6) A housing injunction must— (a) specify the period for which it has effect, or (b) state that it has effect until further order. (7) A housing injunction may specify periods for which particular prohibitions or requirements have effect. (8) An application for a housing injunction must be made to the High Court or the county court, subject to any rules of court made under section 18(2). (9) A court may treat an application for a housing injunction as an application under section A1 (power to make respect orders) for an order under that section. 4 (1) Section 2 (meaning of “anti-social behaviour”) is amended as follows. (2) In the heading, for ““anti-social behaviour”” substitute ““housing-related anti-social conduct””. (3) In subsection (1)— (a) for ““anti-social behaviour”” substitute ““housing-related anti-social conduct””; (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. (2) In subsection (1)— (a) for “section 1” substitute “this Part”; (b) in paragraph (a), for “anti-social behaviour” substitute “relevant conduct”. (3) At the end insert— (3) In this section, “relevant conduct” means— (a) in relation to a youth injunction, anti-social behaviour; (b) in relation to a housing injunction, housing-related anti-social conduct. 7 (1) Section 5 (applications for injunctions) is amended as follows. (2) In subsection (1), for “section 1” substitute “this Part”. (3) In subsection (3), for “anti-social behaviour” substitute “relevant conduct”. (4) After subsection (4) insert— (4A) In this section, “relevant conduct” means— (a) in relation to a youth injunction, anti-social behaviour; (b) in relation to a housing injunction, housing-related anti-social conduct. 8 In section 6 (applications without notice), in subsection (1), for “section 1” substitute “this Part”. 9 In section 7 (interim injunctions)— (a) in subsection (1), for “section 1” substitute “this Part”; (b) in subsection (2), for “that section” substitute “this Part”. 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— (2) In subsection (1) “the court” means the court that granted the injunction. 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 (ii) if the injunction was granted by the High Court, a judge of the High Court or a judge of the county court; (b) in the case of a youth injunction, a justice of the peace. (4) In subsection (5), omit “or (b)”. (5) In subsection (6), for “(c)” substitute “(b)”. 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— (i) a judge of the High Court, if the injunction was granted by the High Court, or (ii) a judge of the county court, if the injunction was granted by the county court; (b) in the case of a youth injunction, a justice of the peace. (4) In subsection (6)— (a) for “before—” substitute “before the youth court that granted the injunction.”; (b) omit paragraphs (a) and (b). 13 In section 12 (powers in respect of under-18s), before “injunctions” insert “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”. (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 section) insert— Requirement to carry out risk assessment 13A (1) A person applying for an injunction under this Part must before doing so carry out a risk assessment in relation to the application. (2) A risk assessment, in relation to an application for an injunction under this Part, is an assessment of— (a) the risk of any person being caused nuisance or annoyance in relation to their occupation of residential premises by the respondent’s conduct, (b) (in relation to an application for a youth injunction), the risk of any person being caused harassment, alarm or distress by the respondent’s conduct, (c) any vulnerabilities of the respondent, (d) any alternative means of preventing the respondent from engaging in relevant conduct, and (e) such other matters as the person considers relevant. (3) A person required to carry out a risk assessment under this section must in doing so have regard to any guidance issued by the Secretary of State under section 19. (4) In this section, “relevant conduct” means— (a) in relation to an application for a youth injunction, anti-social behaviour; (b) in relation to an application for a housing injunction, housing-related anti-social conduct. 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)— (i) at the beginning insert “in the case of a youth injunction,”; (ii) omit the words from “, if” to the end; (c) in paragraph (b)— (i) at the beginning insert “in any case,”; (ii) for “other” substitute “(or, where paragraph (a) applies, any other).” (3) In subsection (2)— (a) in paragraph (a), at the beginning insert “in the case of a youth injunction,”; (b) in paragraph (b)— (i) at the beginning insert “in any case,”; (ii) for “other” substitute “(or, where paragraph (a) applies, any other)”. (4) In subsection (3)— (a) in the words before paragraph (a), for “section 1” substitute “this Part”; (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 (a) applies, any 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 1” substitute “a housing injunction or a respect order”; (b) in paragraph (a), for “an injunction under that section” substitute “a youth injunction”. (4) In subsection (3)— (a) in the words before paragraph (a), for “under this Part” substitute “on an application for a youth injunction”; (b) in paragraph (a), at the end insert “and for the application to be treated as an application for a housing injunction or a respect order (as the court to which the proceedings are transferred considers appropriate)”. 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)”. (3) For the definition of “respondent” substitute— “respondent”— in relation to a youth injunction, has the meaning given by section 1(1); in relation to a housing injunction, has the meaning given by section 1A(1); . (4) At the appropriate places, insert— “housing injunction” means an injunction under section 1A; ; “housing-related anti-social conduct” has the meaning given by section 2; ; “respect order” means an order under section A1; ; “youth injunction” means an injunction under section 1. 20 In section 101 (the community remedy document), in subsection (9), for the definition of “anti-social behaviour” substitute— “anti-social behaviour” means— conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or 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” 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— conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or 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. (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 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”; (b) after “2014” insert “or a respect order”. (3) In subsection (9), for the definition of “relevant proceedings”, substitute— “relevant proceedings” means— proceedings for an offence under section I1 of the Anti-social Behaviour, Crime and Policing Act 2014, proceedings under Schedule 2 to that Act, or proceedings for contempt of court; “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 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) 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”; (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— proceedings for an offence under section I1 of the Anti-social Behaviour, Crime and Policing Act 2014, proceedings under Schedule 2 to that Act, or proceedings for contempt of court; “respect order” means an order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014; . 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, 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) 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”— (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”. Sentencing Code 28 In section 80(3) of the Sentencing Code (list of circumstances where an order for conditional discharge is not available), after paragraph (c) insert— (ca) section I1(4) of the Anti-social Behaviour, Crime and Policing Act 2014 (breach of respect order); . ## Schedule 2 Closure of premises by registered social housing provider {#schedule-2} Section 5 1 The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows. 2 In section 76 (power to issue closure notices)— (a) in subsection (1)— (i) omit “or”, in the first place it appears; (ii) after “authority,” insert “or a registered social housing provider (“RSH provider”),”; (b) after subsection (1) insert— (1A) An RSH provider may only issue a closure notice in respect of premises owned or managed by that provider. ; (c) in subsection (7)— (i) for “or local authority” substitute “, local authority or RSH provider”; (ii) for “or authority” substitute “, authority or provider”. 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 (c) if, in the case of a notice issued by an RSH provider, the notice is signed by an individual who is part of the provider’s senior management. ; (b) in subsection (4)— (i) omit “or” at the end of paragraph (a); (ii) after paragraph (b) insert , or (c) if, in the case of a notice issued by an RSH provider, the RSH provider issues an extension notice signed by an individual who is part of the provider’s senior management. ; (c) after subsection (6) insert— (7) For the purposes of this section, an individual is part of an RSH provider’s senior management if the individual plays a significant role in— (a) the making of decisions about how the whole or a substantial part of the activities of the provider which relate to social housing are to be managed or organised, or (b) the management or organisation of the whole or a substantial part of such activities. 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 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 closure notice (or, if that person is not available, by another person who could have signed the closure notice). ; (c) in subsection (5)— (i) after “local authority” insert “or RSH provider”; (ii) after “section 77(4)(b)” insert “or (c) (as the case may be)”; (d) in subsection (6), after paragraph (c) insert— (d) in the case of a closure notice issued by an RSH provider, that provider. 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, in the case of a notice issued by an RSH provider. ; (b) in subsections (2), (3) and (4), omit “local authority”; (c) after subsection (5) insert— (6) In this section “representative”, in relation to an RSH provider, means— (a) an employee of the provider, or (b) a person, or employee of a person, acting on behalf of the provider. 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)— (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 provider”; (ii) for “the appropriate consultee has been consulted” substitute “appropriate consultation”; (iii) after “application” insert “has been carried out”; (c) for subsection (4) substitute— (4) An appropriate consultation about the intention to make the application is carried out if the following are consulted— (a) the local authority and any relevant RSH provider, in the case of an application by a police officer; (b) the chief officer of police for the area in which the premises are situated and any relevant RSH provider, in the case of an application by a local authority; (c) the local authority and the chief officer of police for the area in which the premises are situated, in the case of an application by an RSH provider. An RSH provider is “relevant” if it owns or manages the premises. 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 the order was made on the application of an RSH provider; ; (b) after subsection (6) insert— (6A) Where— (a) the order in question was made on the application of an RSH provider, and (b) a person other than that provider makes an application under this section for the discharge of the order, the justice may issue a summons directed to that provider requiring it to appear before the magistrates’ court to respond to the application. (6B) If a summons is issued under subsection (6A), a notice stating the date, time and place of the hearing of the application must be served on— (a) the provider mentioned in that subsection; (b) the persons mentioned in subsection (2)(c) and (d) (other than the complainant). 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; (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 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) insert— (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”; (b) in subsection (5)— (i) in paragraph (a), after “authority” insert “or an RSH provider”; (ii) in paragraph (b), after “body” insert “or an RSH provider”; (c) after subsection (5) insert— (6) Where a local authority or a local policing body makes an application under this section in respect of premises owned or managed by an RSH provider, the application must also be served on the RSH provider. 13 In section 89 (exemption from liability)— (a) after subsection (2) insert— (2A) An RSH provider is not liable for damages in proceedings for— (a) judicial review, or (b) the tort of negligence, arising out of anything done or omitted to be done by the provider in the exercise or purported exercise of a power under this Chapter. ; (b) in subsection (3), for “and (2)” substitute “to (2A)”; (c) in subsection (4), for “and (2)” substitute “to (2A)”. 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”) means— in relation to England, a registered provider of social housing; in relation to Wales, a Welsh body registered as a social landlord under section 3 of the Housing Act 1996; ; (b) after subsection (3), insert— (4) For the purposes of this Chapter, an RSH provider owns premises if— (a) the provider is a person (other than a mortgagee not in possession) entitled to dispose of the fee simple in the premises, whether in possession or in reversion, or (b) the provider is a person who holds or is entitled to the rents and profits of the premises under a lease that (when granted) was for a term of at least 3 years. ## Schedule 5 Sound moderators etc: exemptions {#schedule-5} Section 44 Firearms Act 1968 1 (1) The Firearms Act 1968 is amended as follows. (2) In section 7(1)— (a) the words from “a firearm” to the end become paragraph (a); (b) at the end insert— (b) a relevant accessory. (3) In section 8— (a) in subsection (1) for the words from “, have” to “ammunition” substitute— (a) have in their possession, purchase or acquire, a firearm or ammunition, or (b) have a relevant accessory in their possession, ; (b) in subsection (1A)— (i) after “ammunition”, in the first place it occurs, insert “, or the possession of a relevant accessory,”; (ii) for “or ammunition”, in the second place it occurs, substitute “, ammunition or relevant accessory”; (iii) after “of, or” insert “firearm or ammunition is”. (4) In section 9(1) for “or ammunition” substitute “, ammunition or a relevant accessory”. (5) In section 11— (a) in subsection (1) for “or ammunition”— (i) in the first place it occurs, substitute “, ammunition or a relevant accessory”; (ii) in the second and third places it occurs, substitute “, ammunition or relevant accessory”; (b) in subsection (4)— (i) omit the “and” at the end of paragraph (a); (ii) at the end of paragraph (b) insert and (c) a relevant accessory, . (6) In section 11A at the end insert— (7) Where a rifle is borrowed on any premises in reliance on subsection (1), the borrower may, without holding a certificate under this Act, borrow and have in their possession on those premises a relevant accessory for the period for which the rifle is borrowed. (7) In section 12(1) after “firearm” insert “or relevant accessory”. (8) In section 13(1)— (a) in paragraph (a)— (i) for “or ammunition”, in the first place it occurs, substitute “, ammunition or a relevant accessory”; (ii) for “or ammunition therefor” substitute “, or ammunition or a relevant accessory therefor,”; (b) in paragraph (b)— (i) for “or ammunition”, in the first place it occurs, substitute “, or ammunition or a relevant accessory”; (ii) for “or ammunition”, in the second place it occurs, substitute “, or ammunition or relevant accessory”; (iii) omit the “and” at the end; (c) after paragraph (c) insert— (d) having obtained a permit under paragraph (c), remove any relevant accessory from or to a ship, aircraft or aerodrome, to or from the place specified in the permit. Firearms (Amendment) Act 1988 2 (1) The Firearms (Amendment) Act 1988 is amended as follows. (2) In section 15— (a) in subsection (1) for “and ammunition” substitute “, ammunition and a relevant accessory”; (b) in subsection (2) for “or ammunition” substitute “, ammunition or relevant accessories”. (3) In section 16A(1) for “and ammunition” substitute “, ammunition and a relevant accessory”. (4) In section 16B(1) for “and ammunition” substitute “, ammunition and a relevant accessory”. (5) In section 17 after subsection (1) insert— (1ZA) The holder of a visitor’s firearm permit may, without holding a firearm certificate, have in their possession a relevant accessory.” (6) In section 25(4) (interpretation), for “or ammunition” substitute “, ammunition or relevant accessory”. (7) In paragraph 1 of the Schedule, in sub-paragraphs (2)(a), (3) and (4) for “and ammunition” substitute “, ammunition and relevant accessories”. ## Schedule 6 CCE prevention orders on conviction {#schedule-6} Section 63 1 In Part 11 of the Sentencing Code, after Chapter 2 insert— Chapter 2A Child criminal exploitation prevention orders Making of orders Power to make child criminal exploitation prevention order 358A (1) This section applies where a court is dealing with an offender aged 18 or over for an offence. (2) The court may make an order under section 358B (a “CCE prevention order”) if the following conditions are met. (3) The first condition is that— (a) the court is satisfied on the balance of probabilities that the offender has engaged in child criminal exploitation or in conduct associated with child criminal exploitation, or (b) the offence is an offence under section 48 of the Crime and Policing Act 2026 (child criminal exploitation). (4) The second condition is that the court considers that there is a risk that the offender will engage in child criminal exploitation. (5) The third condition is that the court considers that it is necessary to make the order to prevent the offender from engaging, or reduce the likelihood of the offender engaging, in child criminal exploitation. (6) In subsection (3)— (a) the reference to engaging in anything includes engaging in it before (as well as after) the time when Schedule 6 to the Crime and Policing Act 2026 comes into force; (b) the reference to an offence includes an offence committed before (as well as after) that time. (7) In this Chapter— (a) a reference to a person “engaging in child criminal exploitation” is to the person— (i) doing anything that constitutes an offence under section 48 of the Crime and Policing Act 2026 (as it has effect in England and Wales), or (ii) doing anything in Scotland or Northern Ireland that would constitute an offence under that section (as it has effect in England and Wales) if done in England and Wales; (b) a reference to a person “engaging in conduct associated with child criminal exploitation” is to the person doing anything, in any part of the United Kingdom, that is associated with the doing of anything within paragraph (a)(i) or (ii). CCE prevention orders 358B (1) A CCE prevention order is an order which— (a) prohibits the offender from doing anything described in the order; (b) requires the offender to do anything described in the order. The order may in particular require the offender to comply with section 358C (notification requirements). (2) A court may include a prohibition or requirement only if it considers it necessary for the purpose of preventing the offender from engaging, or reducing the likelihood of the offender engaging, in child criminal exploitation. (3) Prohibitions and requirements must, so far as practicable, be such as to avoid— (a) any conflict with any religious beliefs of the offender; (b) any interference with the times, if any, at which the offender normally works or attends any educational establishment; (c) any conflict with the prohibitions and requirements of any other court order or injunction to which the offender is subject. (4) A prohibition or requirement applies throughout the United Kingdom unless expressly limited to a particular area. (5) A CCE prevention order must— (a) specify the period for which it has effect (which must be at least five years), or (b) state that it has effect until further order. (6) Where— (a) the offender has been remanded in or committed to custody by an order of a court, or (b) a custodial sentence has been imposed on the offender or the offender is serving or otherwise subject to a such a sentence, a CCE prevention order may provide that it does not take effect until the offender is released from custody or ceases to be subject to a custodial sentence. (7) A CCE prevention order may specify periods for which particular prohibitions or requirements have effect. (8) Where a court makes a CCE prevention order in respect of an offender who is already subject to such an order, the earlier order ceases to have effect. Notification requirements 358C (1) This section applies where a CCE prevention order requires the offender to comply with this section. (2) Before the end of the period of three days beginning with the day on which a CCE prevention order requiring the offender to comply with this section is first served, the offender must notify to the police— (a) the offender’s name and, where the offender uses one or more other names, each of those names, and (b) the offender’s home address. (3) If, while the offender is subject to the order, the offender— (a) uses a name which has not been notified under the order, or (b) changes home address, the offender must notify, to the police, the new name or the new home address. (4) A notification under subsection (3) must be given before the end of the period of three days beginning with the day on which the offender uses the name or changes home address. (5) A notification under this section is made— (a) by attending at an appropriate police station and giving an oral notification to a constable, or to a person authorised for the purpose by the officer in charge of the station, or (b) in a way specified in the CCE prevention order. (6) An “appropriate police station” is a police station in the police area in which— (a) the offender’s home address is situated, or (b) the court which made the order is situated. (7) A notification under this section must be acknowledged in writing. (8) In this section “home address” means— (a) the address of the offender’s sole or main residence in the United Kingdom, or (b) where the offender has no such residence, the address or location of a place in the United Kingdom 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. (9) In determining the period of three days mentioned in subsection (2) or (4), no account is to be taken of any time when the offender is— (a) lawfully detained or otherwise lawfully deprived of their liberty, in the United Kingdom, or (b) outside the United Kingdom. Procedure Procedural powers 358D (1) For the purpose of deciding whether to make a CCE prevention order, the court may consider evidence led by the prosecution and evidence led by the offender. (2) It does not matter whether the evidence would have been admissible in the proceedings for the offence for which the offender is being dealt with. (3) The court may adjourn any proceedings relating to the making of a CCE prevention order. (4) If the offender does not appear for any adjourned proceedings, the court may— (a) further adjourn the proceedings, (b) issue a warrant for the offender’s arrest, or (c) hear the proceedings in the offender’s absence. (5) The court may act under subsection (4)(b) only if satisfied that the offender has had adequate notice of the time and place of the adjourned proceedings. (6) The court may act under subsection (4)(c) only if satisfied that the offender— (a) has had adequate notice of the time and place of the adjourned proceedings, and (b) has been informed that if the offender does not appear for those proceedings, the court may hear the proceedings in the offender’s absence. (7) Nothing in this section limits any other powers of the court. Variation, discharge and appeals Variation and discharge of orders 358E (1) This section applies where a person mentioned in subsection (2) applies to a relevant court for the variation or discharge of a CCE prevention order. (2) The persons are— (a) the offender; (b) the chief officer of police for the police area in which the offender lives; (c) a chief officer of police who believes that the offender is in, or is intending to come to, the chief officer’s police area. (3) On the application, the court may (after hearing from the applicant and any other person mentioned in subsection (2) who wishes to be heard) make any order varying or discharging the order that the court considers appropriate. This is subject to subsection (7). (4) The power to vary an order includes power to— (a) include an additional prohibition or requirement; (b) extend the period for which a prohibition or requirement has effect; (c) extend the period for which the order has effect. (5) The court may make provision of a kind mentioned in subsection (4) only if it considers that the provision is necessary to prevent the offender from engaging, or reduce the likelihood of the offender engaging, in child criminal exploitation. (6) Subsections (3), (4) and (6) of section 358B apply to additional prohibitions or requirements included on a variation of an order. (7) The court may not discharge an order before the end of the period of five years beginning with the day on which the order was made, without the consent of the offender and— (a) the chief officer of police for the police area in which the offender lives, or (b) where the application is made by a chief officer of police, that chief officer. (8) In this section “relevant court” means— (a) where the Crown Court or the Court of Appeal made the order, the Crown Court; (b) in any other case, any magistrates’ court. Appeals 358F (1) A person mentioned in subsection (2) may appeal against a decision made on an application under section 358E. (2) The persons are— (a) the person who made the application; (b) the offender; (c) the chief officer of police for the police area in which the offender lives; (d) a chief officer of police who believes that the offender is in, or is intending to come to, the chief officer’s police area. (3) An appeal under this section is to be made— (a) where the application was made to the Crown Court, to the Court of Appeal; (b) in any other case, to the Crown Court. (4) On an appeal under subsection (3)(b), the Crown Court may make— (a) such orders as may be necessary to give effect to its determination of the appeal, and (b) such incidental and consequential orders as appear to it to be appropriate. Supplementary Offence of breaching CCE prevention order 358G (1) A person who, without reasonable excuse, fails to comply with a CCE prevention order commits an offence. (2) A person who commits an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); (b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both). (3) Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge. (4) In proceedings for an offence under this section, a copy of the original CCE prevention order, certified by the proper officer of the court that made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those matters is admissible in those proceedings. Offences relating to notifications 358H (1) This section applies where a CCE prevention order requires a person to comply with section 358C (notification requirements). (2) The person commits an offence if— (a) without reasonable excuse, they fail to comply with that section, or (b) in purported compliance with that section, they notify to the police any information which they know to be false. (3) A person who commits an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); (b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both). (4) A person commits an offence under subsection (2)(a) on the day on which they first fail, without reasonable excuse, to comply with section 358C. (5) The person continues to commit the offence throughout any period during which the failure continues. (6) But the person may not be prosecuted more than once in respect of the same failure. (7) Section 358G(4) applies for the purposes of this section. Special measures for witnesses 358I (1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in the case of vulnerable and intimidated witnesses) applies to relevant proceedings under this Chapter as it applies to criminal proceedings, but with— (a) the omission of sections 17(4) to (7), 21(4C)(e), 22A, 27(10) and 32 of that Act (which make provision appropriate only in the context of criminal proceedings), and (b) any other necessary modifications. (2) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act apply to relevant proceedings under this Chapter— (a) to the extent provided by rules of court, and (b) subject to any modifications provided by rules of court. (3) Section 47 of that Act (restrictions on reporting special measures directions etc) applies with any necessary modifications— (a) to a direction under section 19 of that Act as applied by this section; (b) to a direction discharging or varying such a direction. Sections 49 and 51 of that Act (offences) apply accordingly. (4) In this section “relevant proceedings under this Chapter” means any proceedings under this Chapter except proceedings relating to an offence under section 358G or 358H. Interpretation and supplementary provision 358J (1) In this Chapter— “CCE prevention order” means an order under section 358B; “engaging in child criminal exploitation” has the meaning given by section 358A (and related expressions are to be construed accordingly). (2) An application under this Chapter is to be made— (a) by complaint, where the application is made to a magistrates’ court; (b) in accordance with rules of court, in any other case. (3) Section 127 of the Magistrates’ Courts Act 1980 (time limit for complaints etc) does not apply to a complaint under this Chapter. (4) On the hearing of an application under this Chapter, section 97 of the Magistrates’ Courts Act 1980 (summons to witness and warrant for arrest) does not apply in relation to any person for whose protection the order is sought, except where the person has given oral or written evidence at the hearing. ## Schedule 13 Offences relating to semen-defaced images, intimate photographs or films and voyeurism {#schedule-13} Section 98 Part 2 Further amendments in connection with offences Online Safety Act 2023 (c. 50) 24 In Schedule 7 to the Online Safety Act 2023 (priority offences), in paragraph 28A (Sexual Offences Act 2003), at the end insert— (c) section 66E (creating purported intimate image of adult); (d) section 66F (requesting the creation of purported intimate image of adult). ## Schedule 14 Intimate image material: reporting and registration {#schedule-14} Section 103 Part 1 Trusted flaggers Duty to designate trusted flagger 1 (1) The Secretary of State may by regulations designate persons as suitable to make intimate image reports to— (a) providers of internet services, and (b) providers of internet access services, for the purpose of assisting the providers to make judgments about whether content is intimate image content. (2) An intimate image report is— (a) a report that— (i) content identified in the report is a photograph or film which shows, or appears to show, a person (P) in an intimate state, and (ii) P, or a person acting on P’s behalf, has informed the person making the report that P does not consent to the sharing of the photograph or film, or (b) a report of information provided to the person making the report by virtue of regulations under paragraph 2. (3) The Secretary of State must exercise the power in sub-paragraph (1) to designate at least one person. (4) The duty in sub-paragraph (3) ceases to apply if Secretary of State makes regulations under paragraph 3. (5) Terms used in sub-paragraph (2)(a) and in section 66B of the Sexual Offences Act 2003 have the same meaning in sub-paragraph (2)(a) as in section 66B. Duties to report intimate image content to trusted flagger 2 (1) The Secretary of State may by regulations amend the Online Safety Act 2023 for, or in connection with, the imposition on providers of regulated services of duties relating to the provision of intimate image information to a person designated under paragraph 1. (2) In this paragraph “intimate image information” means information generated by the provider for the purposes of identifying content which the provider considers to be intimate image content. (3) The regulations may require intimate image information to be provided in a particular form (for example, a hash code). (4) The provisions of the Online Safety Act 2023 that may be amended by regulations under this paragraph include, but are not limited to, section 131(2) (enforceable requirements). Part 2 The intimate image register The intimate image register 3 (1) The Secretary of State may by regulations make provision for or in connection with a register of intimate image material (the “intimate image register”). (2) “Intimate image material” means material which— (a) is intimate image content, or (b) would be intimate image content if it were shared on an internet service. (3) In this Part of this Schedule “intimate image content” has the meaning given by section 59 of the Online Safety Act 2023, except that section 59 applies as if subsections (13) and (14) (“intimate image content” on user-to-user services limited to user-generated content) were omitted. The registrar 4 (1) The regulations may provide for the intimate image register to be maintained by— (a) a person specified in the regulations, (b) an individual appointed by the Secretary of State in accordance with the regulations, or (c) the Secretary of State. (2) Regulations under sub-paragraph (1)(b) may make provision about the terms on which an individual is appointed, including provision— (a) for the payment of remuneration, allowances and expenses by the Secretary of State; (b) for staff, accommodation and other facilities to be provided by the Secretary of State. (3) The person who maintains the intimate image register is referred to in this Schedule as the registrar. Operation of intimate image register 5 The regulations may make provision about— (a) the form in which information is to be recorded on the intimate image register (which may in particular include hash codes); (b) how material is to be reported to the registrar; (c) how the registrar is to make judgments about whether material is intimate image material (which may in particular include provision similar to section 192(5) and (6) of the Online Safety Act 2023); (d) how the registrar is to deal with reports that the registrar considers to be frivolous, vexatious or made in bad faith; (e) appeals against decisions of the registrar; (f) the sharing of information on the intimate image register with— (i) providers of internet services and internet access services, and (ii) other persons, for purposes specified in the regulations. Payment of fees to registrar 6 (1) The regulations may require providers of internet services and internet access services to pay fees to the registrar, as a means of recovering the costs incurred by the registrar in exercising functions under the regulations. (2) The regulations may in particular make provision— (a) for fees to be paid in respect of specified periods; (b) for different fees to be payable by different providers. Duties of providers of internet services and internet access services 7 (1) The regulations may make provision for or in connection with imposing on providers of internet services duties relating to— (a) the provision of intimate image information to the registrar; (b) taking down content recorded on the intimate image register; (c) preventing persons from encountering content recorded on the intimate image register. (2) The Secretary of State may by regulations make provision for or in connection with imposing on providers of internet access services duties relating to preventing access to content recorded on the intimate image register. (3) In this paragraph “intimate image information” means information generated by the provider for the purposes of identifying intimate image material. (4) Regulations under sub-paragraph (1)(a) may— (a) make provision about how a provider is to make judgments about whether material is intimate image material (which may in particular include provision similar to section 192(5) and (6) of the Online Safety Act 2023); (b) require intimate image information to be provided in a particular form (for example, a hash code). Enforcement 8 (1) The regulations may make provision for or in connection with the enforcement of requirements imposed on providers of internet services and internet access services (“providers”) by or under the regulations. (2) The regulations may include provision conferring functions on one or more persons specified in the regulations (each of whom is an “enforcement authority”). (3) The persons who may be specified in the regulations include the registrar and the Secretary of State. (4) The functions which may be conferred on an enforcement authority include— (a) powers to require providers to provide information to the enforcement authority; (b) powers to impose monetary penalties on providers for failure to comply with requirements; (c) powers to issue notices (“compliance notices”) requiring providers to take steps specified in the notice for the purposes of complying with, or remedying a failure to comply with, a requirement. (5) If the regulations provide for the imposition of monetary penalties they must provide— (a) that a penalty (or, where more than one penalty is imposed in respect of a failure, those penalties taken together) may not exceed a maximum amount specified in the regulations (which may not be more than £3 million); (b) for the amount of a penalty imposed on a provider to be appropriate and proportionate, having regard to— (i) the failure to comply in respect of which it is imposed; (ii) any penalties previously imposed on the provider in respect of that failure or other failures; (iii) the size and financial resources of the provider. (6) The regulations may provide for requirements imposed by a compliance notice to be enforceable, on the application of the enforcement authority, by injunction. (7) The regulations— (a) must make provision for appeals against the imposition of a monetary penalty and the issue of a compliance notice (if they provide for those things); (b) may make provision for appeals against other decisions of an enforcement authority. Payment of fees to enforcement authority 9 (1) The regulations may require providers of internet services and internet access services to pay fees to enforcement authorities, as a means of recovering the costs incurred by enforcement authorities in exercising their functions under the regulations. (2) The regulations may in particular make provision— (a) for fees to be paid in respect of specified periods; (b) for different fees to be payable by different providers. Guidance 10 The regulations may provide for the issue of guidance by— (a) the registrar; (b) enforcement authorities; (c) the Secretary of State. Duties of OFCOM 11 The regulations may require OFCOM to have regard to the intimate image register when— (a) preparing a code of practice under section 41 of the Online Safety Act 2023; (b) exercising its functions under Article 5(1) of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and retail charges for regulated intra-EU communications and amending Directive 2002/22/EC and Regulation (EU) No 531/2012, and the regulations may amend that Act or that Regulation for or in connection with that purpose. Part 3 Intimate image register: power to amend Online Safety Act 2023 12 (1) The Secretary of State may by regulations amend the Online Safety Act 2023 for or in connection with the imposition on providers of regulated services of duties relating to— (a) the provision of intimate image information to the registrar; (b) taking down content recorded on the intimate image register; (c) preventing persons from encountering content recorded on the intimate image register. (2) In this paragraph “intimate image information” means information generated by the provider for the purposes of identifying intimate image content. (3) Regulations under sub-paragraph (1)(a) may require intimate image information to be provided in a particular form (for example, a hash code). (4) The provisions of the Online Safety Act 2023 that may be amended by regulations under this paragraph include, but are not limited to, section 131(2) (enforceable requirements). Part 4 Supplementary provision Extra-territoriality 13 (1) References in this Schedule to an internet service include an internet service provided from outside the United Kingdom— (a) which has a significant number of United Kingdom users, or (b) one of the target markets of which (or the only target market of which) is United Kingdom users. (2) A user of an internet service is a “United Kingdom user” if— (a) where the user is an individual, the individual is in the United Kingdom; (b) where the user is an entity, the entity is incorporated or formed under the law of any part of the United Kingdom. Interpretation 14 (1) This paragraph applies for the interpretation of this Schedule. (2) The following terms have the same meaning as in the Online Safety Act 2023— “content” (see section 236 of that Act); “internet service” (see section 228 of that Act); “intimate image content” (see section 59 of that Act), except in Part 2 of this Schedule (see paragraph 3(3)); “provider”, in relation to an internet service of any kind (see section 226 of that Act); “regulated service” (see section 4(4) of that Act). (3) “Internet access service” means a service that provides access to virtually all (or just some) end points of the internet. (4) The following terms have the meaning given by the specified provision of this Schedule— enforcement authority | paragraph 8 intimate image register | paragraph 3 intimate image material | paragraph 3 the registrar | paragraph 4 ## Schedule 16 Possession or supply of SIM farms or other specified articles: powers of entry etc {#schedule-16} Sections 153 and 156 Part 1 General Interpretation 1 (1) In this Schedule— “justice” means— in England and Wales, a justice of the peace; in Scotland, a sheriff, summary sheriff or justice of the peace; in Northern Ireland, a lay magistrate; “premises” includes any place and, in particular, includes— any vehicle, vessel or aircraft; any offshore installation; any renewable energy installation within the meaning given by section 104 of the Energy Act 2004; any tent or movable structure; “relevant evidence” means evidence that any of the following has been committed— an offence under any of sections 151 to 155; an attempt or conspiracy to commit an offence within paragraph (a); an offence under Part 2 of the Serious Crime Act 2007 (England and Wales and Northern Ireland: encouraging or assisting crime) in relation to an offence within paragraph (a); an offence under the law of Scotland of inciting the commission of an offence within paragraph (a); aiding, abetting, counselling or procuring the commission of an offence within paragraph (a); “vessel” includes— any ship or boat or any other description of vessel used in navigation, and any hovercraft, submersible craft or other floating craft, but does not include a reference to anything that permanently rests on, or is permanently attached to, the sea bed. (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. Saving 2 Nothing in this Schedule affects any power of a constable conferred otherwise than by this Schedule. Part 2 Powers of entry etc Power to enter and search vehicles 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. (2) The constable may at any time— (a) enter the vehicle and search it for relevant evidence; (b) stop and detain the vehicle for the purposes of entering and searching it. (3) Where— (a) a constable has stopped a vehicle under this paragraph, and (b) the constable considers that it would be impracticable to search the vehicle in the place where it has stopped, the constable may require the vehicle to be taken to such place as the constable directs to enable the vehicle to be searched. (4) A constable may require— (a) any person travelling in a vehicle, or (b) the registered keeper of a vehicle, to provide such facilities and assistance with respect to matters under that person’s control as the constable considers would facilitate the exercise of any power conferred by this paragraph. (5) The powers conferred by this paragraph may be exercised in any place to which the constable lawfully has access (whether or not it is a place to which the public has access). Power to enter and search vessels or aircraft 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— (a) board the vessel or aircraft, and (b) search it for relevant evidence. (3) For the purposes of exercising the power conferred by sub-paragraph (2), the constable may require a vessel or aircraft— (a) to stop, or (b) to do anything else that will facilitate the boarding of that or any other vessel or aircraft. (4) A constable who has boarded a vessel or aircraft may, for the purposes of disembarking from the vessel or aircraft, require that or any other vessel or aircraft— (a) to stop, or (b) to do anything else that will enable the constable to disembark from the vessel or aircraft. (5) A constable may require any person on board a vessel or aircraft to provide such facilities and assistance with respect to matters under that person’s control as the constable considers would facilitate the exercise of any power conferred by this paragraph. Warrant conferring power to enter and search premises 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 (b) to search them for relevant evidence. (2) A search warrant may be either— (a) a warrant that relates only to premises specified in the warrant (a “specific-premises warrant”), or (b) in the case of a warrant issued in England and Wales or Northern Ireland, a warrant that relates to any premises occupied or controlled by a person specified in the warrant (an “all-premises warrant”). (3) The requirements of this sub-paragraph are met in relation to premises if there are reasonable grounds to suspect that— (a) there are items on the premises that are relevant evidence, and (b) in a case where the premises are specified in the application, any of the following conditions is met— (i) that it is not practicable to communicate with any person entitled to grant entry to the premises; (ii) that it is not practicable to communicate with any person entitled to grant access to the items; (iii) that entry to the premises is unlikely to be granted unless a warrant is produced; (iv) that the purpose of entry may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them. 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. (2) An application for a search warrant may be made without notice being given to persons who might be affected by the warrant. (3) The application must be supported— (a) in England and Wales, by information in writing; (b) in Scotland, by evidence on oath; (c) in Northern Ireland, by a complaint on oath. (4) A person applying for a search warrant must answer on oath any question that the justice hearing the application asks the person. (5) In the case of an application made by a procurator fiscal, the requirement under sub-paragraph (4) may be met by a constable or a person who has the powers of a constable. (6) Part 3 of this Schedule contains further provision about applications in England and Wales or Northern Ireland for search warrants under paragraph 5. Execution of search warrants 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— (a) may exercise any power conferred by paragraph 5, 8 or 9 which the constable may exercise as a result of the warrant, but (b) may exercise such a power only in the company of, and under the supervision of, the constable. (4) In sub-paragraphs (2) and (3) “constable” includes a person who has the powers of a constable. (5) Part 4 of this Schedule contains further provision about the execution in England and Wales or Northern Ireland of search warrants under paragraph 5. Powers of examination etc 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. (3) The constable may break open any container or other locked thing, so far as this is reasonably necessary for the purpose of exercising— (a) a power of search conferred by this Schedule, or (b) a power conferred by this paragraph. (4) The constable may require any person in or on the premises to provide such facilities and assistance with respect to matters under that person’s control as the constable considers would facilitate the exercise of— (a) a power of search conferred by this Schedule, or (b) a power conferred by this paragraph. (5) Nothing in this paragraph confers a power to search a person. Power to require production of documents etc 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. (3) A reference in this paragraph to the production of a document includes a reference to the production of— (a) a hard copy of information recorded otherwise than in hard copy form, or (b) information in a form from which a hard copy can be readily obtained. (4) For the purposes of this paragraph— (a) information is recorded in hard copy form if it is recorded in a paper copy or similar form capable of being read (and references to hard copy have a corresponding meaning); (b) information can be read only if— (i) it can be read with the naked eye, or (ii) to the extent that it consists of images (for example photographs, pictures, maps, plans or drawings), it can be seen with the naked eye. Power to use reasonable force 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 purpose of exercising a power conferred by any of paragraphs 5 to 9. 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— (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 such requirement or direction. (3) In this paragraph “constable” includes— (a) a person who has the powers of a constable; (b) a person authorised under paragraph 7(2) to accompany a person who is executing a search warrant. (4) A person who commits an offence under this paragraph is liable— (a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale. Part 3 Applications for search warrants: England and Wales and Northern Ireland Introduction 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 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 may be), (c) state what are the grounds for suspecting that relevant evidence is on the premises, and (d) identify, so far as is possible, the offence to which the relevant evidence relates. (2) If the person is applying for a specific-premises warrant, the person must specify each set of premises that it is desired to enter and search. (3) If the person is applying for an all-premises warrant, the person must specify— (a) as many of the sets of premises that it is desired to enter and search as it is reasonably practicable to specify, (b) the person who is in occupation or control of those premises and any others that it is desired to enter and search, (c) why it is necessary to search more premises than those specified under paragraph (a), and (d) why it is not reasonably practicable to specify all the premises that it is desired to enter and search. (4) If the person is applying for a search warrant authorising entry and search on more than one occasion, the person must also state— (a) the ground on which the person applies for such a warrant, and (b) whether the person seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired. Warrant: whether authorises one or multiple entries 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— (a) specify the name of the person who applies for it, (b) specify the date on which it is issued, (c) state that the warrant is issued under paragraph 5 of this Schedule, (d) specify each set of premises to be searched, or (in the case of an all-premises warrant) the person who is in occupation or control of premises to be searched, together with any premises to be searched that are under the person’s occupation or control and can be specified, and (e) identify, so far as is possible, the offence to which the relevant evidence suspected to be on the premises relates. Copies of warrants 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. (3) The copies must be clearly certified as copies. 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. (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 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 authorised them to be entered. (2) An authorisation under sub-paragraph (1) must be in writing. (3) In this paragraph “senior officer” means— (a) a constable of at least the rank of inspector, or (b) a National Crime Agency officer who— (i) is designated under section 10 of the Crime and Courts Act 2013 as a person having the powers and privileges of a constable, and (ii) is of grade 3 or above. Search of premises more than once 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. 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. 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; (b) if not a constable in uniform, the constable must produce to the occupier documentary evidence that they are a constable; (c) the constable must produce the warrant to the occupier; (d) the constable must supply the occupier with a copy of it. (2) Where the occupier of premises to be entered and searched under a search warrant is not present at the time when a constable seeks to execute the warrant— (a) if some other person who appears to the constable to be in charge of the premises is present, sub-paragraph (1) has effect as if a reference to the occupier were a reference to that other person; (b) if not, the constable must leave a copy of the warrant in a prominent place on the premises. Extent of search 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. 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 (1) A search warrant must be returned to the appropriate person (see sub-paragraph (2))— (a) when the warrant has been executed, or (b) no more than one month after the date of its issue, if the warrant is— (i) a specific-premises warrant that has not been executed, (ii) an all-premises warrant, or (iii) a warrant authorising multiple entries. (2) The appropriate person is— (a) in the case of a warrant issued in England and Wales, the designated officer for the local justice area in which the justice of the peace was acting when issuing the warrant; (b) in the case of a warrant issued in Northern Ireland, the clerk of petty sessions for the petty sessions district in which the lay magistrate was acting when issuing the warrant. (3) The appropriate person must retain a search warrant returned under sub-paragraph (1) for 12 months from the date of its return. (4) If during that period the occupier of premises to which the search warrant relates asks to inspect it, the occupier must be allowed to do so. ## Schedule 17 Specified memorials {#schedule-17} Section 161 Part 1 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. 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. 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. 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. 19 Southampton Cenotaph. 20 Spalding War Memorial. 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). 25 Monument to the Women of World War II, Whitehall, London. Part 2 Parts of war memorials 26 The external walls and roof of Alcester Town Hall, and any fixtures attached to any of those walls or that roof. Part 3 Other memorials 27 Statue of Sir Winston Churchill, Parliament Square, London. 28 Holocaust Memorial Garden, Hyde Park, London. ## Schedule 21 Confiscation orders: England and Wales {#schedule-21} Section 189(1) Part 1 The principal objective 1 (1) The Proceeds of Crime Act 2002 is amended as follows. (2) At the beginning of Part 2 insert— Exercise of powers: general The principal objective 5A (1) This section applies to any power conferred by or under this Part on— (a) a court; (b) a prosecutor; (c) a person who is an appropriate officer within the meaning given by section 41A(3) or 47A(1); (d) any other person whose functions include the investigation of crime; (e) a receiver appointed under section 48 or 50. (2) The principal objective in exercising a power to which this section applies in relation to a defendant is to deprive the defendant of the defendant’s benefit from criminal conduct, so far as within the defendant’s means. (3) The defendant’s means are to be taken to include any tainted gifts made by the defendant. (4) A court or person must exercise any power to which this section applies in the way which the court or person considers is best calculated to further the principal objective. (5) The duty under section 2A(1) does not apply to the exercise by a relevant authority of a power to which this section applies if and to the extent that exercising the power in compliance with that duty would be inconsistent with doing so in compliance with the duty under subsection (4). (6) In subsection (5) “relevant authority” has the meaning given by section 2A(2). (3) In the italic heading before section 69, after “of” insert “specific”. (4) In section 69 (powers of court and receiver etc)— (a) in the heading, at the beginning insert “Specific”; (b) in subsection (3), in the words before paragraph (a), after “subject to” insert “the principal objective (see section 5A) and”. Part 2 Criminal lifestyle Prosecutor’s discretion 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 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)— (a) after subsection (2) insert— (2A) The statement of information must indicate whether or not the case is one in which the court is asked to decide whether the defendant has a criminal lifestyle (see section 6(4)). ; (b) in subsection (3), for “prosecutor believes”, in the first place it occurs, substitute “case is one in which the court is asked to decide whether”; (c) in subsection (5), for “prosecutor does not believe” substitute “case is one in which the court is not asked to decide whether”. (4) In section 20(2) (no order made: reconsideration of benefit)— (a) omit “has decided that”; (b) in paragraph (a), for “the defendant has a criminal lifestyle but” substitute “has decided under section 6(4)(b) that the defendant”; (c) in paragraph (b), for “the defendant does not have a criminal lifestyle and” substitute “has decided under section 6(4)(c) that the defendant”. The serious risk of injustice test 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 if a required assumption were made in relation to particular property or expenditure, the court must consider all the circumstances of the case and must, in particular, give the appropriate weight to— (a) any evidence about the serious risk of injustice that has been made available to it, and (b) any explanation given by the defendant for being unable to provide evidence that would have shown the assumption to be incorrect. Cases in which defendant has a criminal lifestyle 4 (1) Section 75 of the Proceeds of Crime Act 2002 (criminal lifestyle) is amended as follows. (2) In subsection (3)— (a) after “benefited”, in the first place it occurs, insert “, or intended to benefit,”; (b) in paragraph (a)— (i) for “three”, in both places it occurs, substitute “two”; (ii) after “benefited” insert “or intended to benefit”; (c) in paragraph (b), after “benefited” insert “or intended to benefit”. (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) 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 9C (1) An offence under section 33(1)(a) of the Environmental Protection Act 1990 (depositing, or causing or permitting the deposit of, certain waste, otherwise than in accordance with an environmental permit). (2) An offence under regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) (operating a regulated facility, or causing or knowingly permitting a water discharge activity or groundwater activity, otherwise than in accordance with an environmental permit). (4) An amendment made by sub-paragraph (2) or (3) does not apply in relation to an offence committed wholly or partly before the coming into force of the sub-paragraph in question. Part 3 Provisions concerning amount to be paid under confiscation order Hidden property 7 (1) The Proceeds of Crime Act 2002 is amended as follows. (2) In section 9(1) (available amount)— (a) omit the “and” at the end of paragraph (a); (b) at the end of paragraph (b) insert , and (c) any amount determined under section 9A (value of hidden property). (3) After that section insert— Hidden property 9A (1) This section applies where it appears to a court calculating the available amount that— (a) the defendant’s benefit from the conduct concerned exceeds the total of the values (as at the time the confiscation order is made) of— (i) all the free property then held by the defendant, and (ii) all tainted gifts, and (b) some or all of that excess is a result of property having been hidden by or on behalf of the defendant. (2) The court must determine the total value of the property that the court considers has been hidden by or on behalf of the defendant. (3) When making a determination under this section the court must, in particular, consider the extent to which there are other circumstances that may account for the excess mentioned in subsection (1)(b), for example— (a) expenditure incurred by the defendant which has or may have been met from the defendant’s benefit from the conduct concerned; (b) changes in the value of the property held by the defendant. (4) In section 21 (order made: reconsideration of benefit), in subsection (8)(b), for “section 9” substitute “sections 9 and 9A”. (5) In section 22 (order made: reconsideration of available amount), in subsection (3), for “section 9” substitute “sections 9 and 9A”. (6) In section 23 (inadequacy of available amount: variation of order), in subsection (2), for “section 9” substitute “sections 9 and 9A”. Tainted gifts 8 In section 77 of the Proceeds of Crime Act 2002 (tainted gifts), for subsection (5) substitute— (5) A gift is tainted if it was made by the defendant— (a) at any time after the commission of the offence concerned, or (b) if the defendant’s particular criminal conduct consists of two or more offences and they were committed at different times, at any time after the commission of the earliest of the offences. Benefit 9 (1) The Proceeds of Crime Act 2002 is amended as follows. (2) In section 76 (conduct and benefit), after subsection (7) insert— (8) But in a case where— (a) the person— (i) intended to have only a limited power to control or dispose of all or part of the property, (ii) held the property temporarily, or (iii) is treated as obtaining the property as a result of section 84(3), and (b) the court believes that the amount found under subsection (7) in relation to the property would produce a result that would be unjust, the court may reduce that amount to such amount (including zero) as the court believes is just. (3) In section 84 (property: general provisions)— (a) in subsection (2)(b), at the end insert “(and see subsection (3))”; (b) after subsection (2) insert— (3) If, as a result of or in connection with conduct, a person keeps property that the person already has, where the court believes it just to do so the person is to be treated as obtaining the property as a result of or in connection with the conduct. Value of property obtained 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 (4) insert— (5) If only a proportion of the property was obtained by the person as a result of or in connection with the person’s criminal conduct, only that proportion is to be taken into account for the purposes of subsections (2) to (4). (6) This section does not apply in a case where section 80A applies. (4) After that section insert— Mortgages 80A (1) This section applies if— (a) a person uses a loan obtained as a result of or in connection with the person’s criminal conduct to purchase an interest in land, (b) the loan is secured by a mortgage over the interest in land, and (c) the interest in land has increased in value during the loan period. (2) The value, at the material time, of the property obtained as a result of or in connection with the person’s criminal conduct is to be taken to be the amount found using the following formula— A B × C where— A is the amount of the loan; B is the value of the interest in land at the time it was purchased; C is the amount by which the interest in land has increased in value between that time and the end of the loan period. (3) The value of the interest in land at the beginning and end of the loan period is to be found in accordance with section 79. (4) If the loan period ends before the material time, the amount found under subsection (2) is to be adjusted to take account of changes in the value of money between the end of the loan period and the material time. (5) In this section— “the loan period” is the period between the time when the loan is obtained and the earlier of— the time when the principal, and any interest due, is repaid, and the material time; “the material time” is the time the court makes its decision. 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,”. (3) After subsection (3) insert— (3A) Where the person no longer holds the property obtained because it has been sold, the value of the property at the material time is the greater of the following— (a) the proceeds of the sale, adjusted to take account of later changes in the value of money; (b) the value (immediately before the sale) of the property, adjusted to take account of later changes in the value of money. (3B) Where the person no longer holds the property obtained because it has been destroyed by virtue of a court order under section 51(2)(e) or section 67AA (orders for destruction of cryptoassets), the value of the property at the material time is the market value of the property as set out in the court order, adjusted to take account of later changes in the value of money. (3C) For the purposes of subsection (3A)(a), if the proceeds of the sale are in a currency other than sterling, they must be taken to be the sterling equivalent calculated in accordance with the rate of exchange prevailing at the end of the day of the sale. (4) In subsection (4), after “(2)(a) and (b)” insert “and subsection (3A)(b)”. Part 4 Priority orders 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— (5) Where a court makes a confiscation order or priority order the effect of which is that subsection (6) applies, the court making that order must also make a priority payment direction. (6) This subsection applies if, in the same proceedings (see section 85 for the meaning of “proceedings”) the following are made against the same person— (a) a confiscation order, and (b) one or more priority orders. (7) A “priority payment direction” is a direction that any amount payable under the priority order (or orders) that remains unpaid when any sum is recovered under the confiscation order is to be paid out of that sum. (3) In section 19 (no order made: reconsideration of case), omit subsection (8). (4) In section 20 (no order made: reconsideration of benefit), omit subsection (12). (5) In section 21 (order made: reconsideration of benefit)— (a) in subsection (9), omit paragraphs (c), (ca) and (d); (b) omit subsection (10). (6) In section 22 (order made: reconsideration of available amount)— (a) in subsection (5), omit paragraphs (c) and (d); (b) omit subsection (6). (7) In section 55 (sums received by designated officer), for subsection (5) substitute— (5) If a priority payment direction was made under section 13(5), the designated officer must next apply the sums in payment of any amounts payable under the priority order (or orders) that remain unpaid. (5A) In a case in which there is more than one priority order the sums are to be applied in the order in which the priority orders were made, starting with the earliest of them. Part 5 Compensation directions Compensation directions 13 (1) The Proceeds of Crime Act 2002 is amended as follows. (2) After section 22 insert— Increased available amount: compensation directions 22A (1) This section applies where under section 22(4) a court varies a confiscation order so as to increase the amount required to be paid under the order. (2) The court may make a supplementary compensation direction if— (a) a compensation order has been made against the defendant in respect of the offence (or any of the offences) concerned, and (b) at the time the compensation order was made, the amount of the compensatable loss that had been sustained by the person in whose favour it was made was greater than the amount required to be paid by the compensation order. (3) A supplementary compensation direction is a direction that so much of the amount recovered under the confiscation order as the court considers appropriate is to be paid to the person in whose favour the compensation order was made. (4) That amount must not exceed the difference between— (a) the amount of the compensatable loss that had been sustained by the person at the time the compensation order was made, and (b) the amount required to be paid to the person by the compensation order, or so much of that difference as remains unpaid. (5) If the amount mentioned in subsection (4)(a) exceeds any applicable maximum amount, subsection (4) applies as if the amount in subsection (4)(a) were the applicable maximum amount. (6) The court may make a compensation direction if— (a) at the time the confiscation order was made, a person was known to the court to have sustained compensatable loss as a result of the offence (or any of the offences) concerned, but (b) a compensation order has not been made against the defendant in respect of that compensatable loss. (7) A compensation direction is a direction that so much of the amount recovered under the confiscation order as the court considers appropriate is to be paid to the person mentioned in subsection (6)(a). (8) That amount must not exceed— (a) the amount of the compensatable loss that had been sustained by the person as a result of the offence (or any of the offences) concerned at the time the confiscation order was made, or (b) so much of that amount as remains unpaid. (9) If the amount mentioned in subsection (8)(a) exceeds any applicable maximum amount, subsection (8) applies as if the amount in subsection (8)(a) were the applicable maximum amount. (10) In this section— “applicable maximum amount” means the maximum amount of compensation (if any) that a compensation order made against the defendant in respect of the offence (or offences) concerned could have required the defendant to pay; “compensatable loss” means personal injury, loss or damage of a kind in respect of which a compensation order could have been made; “compensation order” means an order under— section 130 of the Powers of Criminal Courts (Sentencing) Act 2000, or Chapter 2 of Part 7 of the Sentencing Code. (3) In section 55 (sums received by designated officer) after subsection (5A) (inserted by paragraph 12(7)) insert— (5B) If under section 22A (compensation directions) a direction was made for an amount to be paid to a person, the designated officer must next apply the sums in payment of that amount. Part 6 Procedural matters Timing of confiscation proceedings and effect on sentencing 14 (1) The Proceeds of Crime Act 2002 is amended as follows. (2) Before section 16 insert— Timing of confiscation proceedings and effect on sentencing 15A (1) This section applies where the court sentences the defendant for the offence (or any of the offences) concerned before it proceeds under section 6. (2) In sentencing the defendant for the offence (or any of the offences) concerned the court must not— (a) impose a fine on the defendant, (b) make an order falling within section 13(3)(a), (c) make an order falling within section 13(3)(b), (c) or (d) other than any such order made in respect of property that has little or no market value at the time of sentencing, (d) make an order for the payment of compensation under Chapter 2 of Part 7 of the Sentencing Code, (e) make an order for the payment of a surcharge under section 42 of that Code, or (f) make an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013. (3) The court must draw up a timetable for the proceedings under section 6 before the end of the hearing at which it sentences the defendant for the offence (or, where there is more than one, the last offence) concerned. (4) The court may revise a timetable drawn up under subsection (3). (5) Section 6 has effect as if the defendant’s particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding the defendant’s sentence for the offence or offences concerned. (6) The court may, after the conclusion of the proceedings under section 6, vary the sentence by— (a) imposing a fine on the defendant, (b) making an order falling within section 13(3), (c) making an order for the payment of compensation under Chapter 2 of Part 7 of the Sentencing Code, (d) making an order for the payment of a surcharge under section 42 of that Code, or (e) making an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013. (7) But the court may proceed under subsection (6) only within the period of 56 days beginning with the day on which the court— (a) makes a confiscation order under section 6, or (b) decides not to make such an order. (8) For the purposes of— (a) section 18(2) of the Criminal Appeal Act 1968 (time limit for notice of appeal or of application for leave to appeal), and (b) paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of application for leave to refer a case under section 36 of that Act), the sentence must be regarded as imposed or made on the day on which it is varied under subsection (6). (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 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— Early resolution meeting 15B (1) This section applies where— (a) the Crown Court is proceeding under section 6, and (b) the court directs that an early resolution of confiscation meeting (an “EROC meeting”) is to be held. (2) Before the court proceeds as mentioned in subsection (4) of section 6 (making of order) the prosecutor and the defendant (or the defendant’s legal representative) must attend an EROC meeting. (3) An EROC meeting is a meeting held with a view to the prosecutor and defendant— (a) reaching agreement on the question whether a confiscation order is required to be made against the defendant and, if so, on the amount required to be paid by the defendant under the confiscation order, or (b) in a case where agreement as mentioned in paragraph (a) is not reached, identifying the questions to be decided by the court in proceeding under section 6 on which they disagree. (4) A direction under subsection (1)(b)— (a) may be given by the court on application by the prosecutor or of its own motion; (b) may require or permit the attendance at an EROC meeting of— (i) any person who it appears to the court holds, or may hold, an interest in key property; (ii) an accredited financial investigator; (iii) any other person that the court considers appropriate. (5) A direction under subsection (1)(b) may be varied or revoked by the court on application by the prosecutor or of its own motion. (6) Key property is property held by the defendant that the court believes will need to be realised or otherwise used to satisfy any confiscation order that may be made. Early resolution hearing 15C (1) Following an EROC meeting, the court must hold an EROC hearing if— (a) the prosecutor and defendant did not reach agreement as mentioned in section 15B(3)(a), or (b) the prosecutor and defendant did reach agreement, but the court decided not to make a confiscation order under section 6 requiring the defendant to pay the amount agreed. (2) An “EROC hearing” is a hearing for the court to consider the next steps in the section 6 proceedings. (3) In this section “EROC meeting” has the meaning given by section 15B. Part 7 Reconsideration and provisional discharge Order made: reconsideration 16 (1) The Proceeds of Crime Act 2002 is amended as follows. (2) After section 21 insert— Order made: reconsideration of benefit on decrease in value and sale etc 21A (1) This section applies if— (a) a court has made a confiscation order, (b) there is relevant property, (c) an application to proceed under this section is made to the Crown Court by— (i) the prosecutor, (ii) a receiver appointed under section 50, or (iii) the designated officer for a magistrates’ court, and (d) the applicant believes that if the court were to make a new calculation of the defendant’s benefit and in doing so applied section 21(3) to (6), the amount found would not exceed the amount that would be found if the court were to make a new calculation of the defendant’s benefit under subsection (4). (2) For the purposes of this section, property is “relevant property” if the property was obtained by the defendant as a result of or in connection with the conduct concerned and— (a) it was held by the defendant when the relevant amount was calculated, but (b) it is no longer held by the defendant because it has been— (i) sold, or (ii) destroyed by virtue of a court order under section 51(2)(e) or section 67AA (orders for the destruction of cryptoassets). (3) In a case where this section applies, the court must determine whether A is less than B, where— “A” is the total of the values of all relevant property as decided in accordance with section 80(3A) or (3B) (as appropriate), and “B” is the total of the values at which that property was taken into account when the relevant amount was calculated, adjusted to take account of changes in the value of money since it was calculated. (4) If A is less than B, the court must make a new calculation of the defendant’s benefit by— (a) adjusting the relevant amount to take account of changes in the value of money since it was calculated, and (b) deducting from that adjusted amount the amount by which A is less than B. (5) Subsection (6) applies where— (a) the court makes a new calculation of the defendant’s benefit under subsection (4), and (b) the court determines that C is less than D, where— “C” is the amount that, if it was adjusted to take account of changes in the value of money since the amount required to be paid was last determined, would give the amount found under the new calculation of the defendant’s benefit, and “D” is the amount required to be paid under the order. (6) The court must vary the order by substituting C for the amount required to be paid. (7) The variation of the order under subsection (6) does not— (a) affect the defendant’s liability to pay any interest which was payable under section 12 for a period before the variation of the order but which had not been paid at the time of the variation, or (b) give rise to any obligation to refund any amount already paid by the defendant under the order. (8) The relevant amount is— (a) the amount found as the defendant’s benefit for the purposes of the confiscation order, or (b) if one or more new calculations of the defendant’s benefit have been made under section 21 or this section, the amount found on the occasion of the last such calculation. (3) In section 21 (order made: reconsideration of benefit)— (a) after subsection (11) insert— (11A) Section 11 applies in relation to a confiscation order when it is varied under this section as it applies in relation to a confiscation order when it is made (reading references to the making of the order as references to the varying of the order and references to the day on which the order is made as references to the day on which the order is varied). (11B) Where section 12 applies in relation to a confiscation order that has been varied under this section, the reference in section 12(3)(c) to the day on which the order was made is to be read as a reference to the day on which the order was varied. ; (b) in subsection (13)— (i) in paragraph (a), for “if this section has not applied previously;” substitute “or”; (ii) for paragraph (b) substitute— (b) if one or more new calculations of the defendant’s benefit have been made under this section or section 21A, the amount found on the occasion of the last such calculation. (4) In section 22 (order made: reconsideration of available amount)— (a) after subsection (7) insert— (7A) Section 11 applies in relation to a confiscation order when it is varied under this section as it applies in relation to a confiscation order when it is made (reading references to the making of the order as references to the varying of the order and references to the day on which the order is made as references to the day on which the order is varied). (7B) Where section 12 applies in relation to a confiscation order that has been varied under this section, the reference in section 12(3)(c) to the day on which the order was made is to be read as a reference to the day on which the order was varied. ; (b) in subsection (9), in paragraph (b), after “section 21” insert “or 21A,”. (5) In section 39 (reconsideration etc: variation of prison term), in subsection (1)(a), after “21,” insert “21A,”. 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. (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— (a) any of the first to fifth conditions is satisfied (see subsections (2) to (6)), and (b) there is a real risk that relevant realisable property held by any person will be dissipated unless the Crown Court exercises the powers conferred by section 41 in relation to that property. (1A) For the purposes of this section— (a) “relevant realisable property” is realisable property that could be used for the purpose of satisfying any confiscation order that has been or may be made against the defendant; (b) a reference to relevant realisable property being “dissipated” is to it ceasing to be available for that purpose. (1B) In determining for the purposes of subsection (1)(b) whether there is a real risk of relevant realisable property being dissipated, the court must, in particular, have regard to the following— (a) the nature of the relevant realisable property; (b) the extent to which any person has taken steps with a view to relevant realisable property being dissipated; (c) any circumstances of a person who holds the relevant realisable property that may affect the ease with which they would be able to secure the dissipation of the property; (d) any evidence of such a person’s character; (e) the nature of the defendant’s criminal conduct; (f) the amount by which the defendant is suspected or believed to have benefited from their criminal conduct; (g) the stage of the proceedings for an offence against the defendant. (3) In section 41(1) (power to make restraint order), for “If any condition set out in section 40 is satisfied” substitute “In a case where this section applies (see section 40),”. Exception to restraint orders for reasonable legal expenses 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)— (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 exception makes provision for any reasonable legal expenses which—”; (d) omit subsections (5A) and (5B); (e) omit subsection (10). (3) After section 41 insert— Exception for legal expenses in respect of offence with which confiscation proceedings concerned 41ZA (1) Where the court makes an exception to a restraint order under section 41(3) to which this section applies, it must ensure that the exception— (a) is limited to legal expenses that the specified person has reasonably incurred or that the person reasonably incurs, (b) specifies the total amount that may be released for legal expenses in pursuance of the exception, and (c) is made subject to the required conditions (in addition to any conditions imposed under section 41(3)(c)). (2) The Lord Chancellor may by regulations specify the required conditions for the purposes of subsection (1). (3) A required condition may, in particular— (a) restrict who may receive sums released in pursuance of the exception (by, for example, requiring released sums to be paid to professional legal advisers), or (b) be made for the purpose of controlling the amount of any sum released in pursuance of the exception in respect of an item of expenditure. (4) A required condition made for the purpose mentioned in subsection (3)(b) may, for example, provide for a sum to be released in respect of an item of expenditure only if— (a) the court has assessed the amount allowed by the regulations in respect of that item, and (b) the sum is released for payment of the assessed amount. (5) For the purposes of subsection (4), the regulations may, in particular, make provision— (a) limiting the amount of remuneration allowable to representatives for a unit of time worked; (b) limiting the total amount of remuneration allowable to representatives for work done in connection with proceedings or a step in proceedings; (c) limiting the amount allowable in respect of an item of expenditure incurred by a representative or incurred, otherwise than in respect of the remuneration of a representative, by a party to proceedings. (6) Before making regulations under this section, the Lord Chancellor must consult such persons as the Lord Chancellor considers appropriate. (4) In section 459 (orders and regulations), in each of subsections (4)(a) and (6)(a), omit “41(5A),”. Exception to restraint order for reasonable living expenses 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 particular, have regard to the following— (a) the period for which the restraint order is to have effect; (b) the specified person’s applicable standard of living (see subsection (11)); (c) the specified person’s means; (d) the value of relevant realisable property held by the specified person in relation to the amount that the defendant is, or is likely to be, required to pay under a confiscation order; (e) the extent to which expenditure by the specified person is necessary or desirable for the purpose of improving or maintaining the value of relevant realisable property held by them. ; (b) at the end insert— (11) In this section— “applicable standard of living”, in relation to a specified person, means— the person’s standard of living immediately before the making of the restraint order, or in a case where there is reasonable cause to believe that the person enjoys a higher standard of living as a result of criminal activity, the standard of living that the person would enjoy but for that activity; “relevant realisable property” has the same meaning as in section 40. Discharge of restraint order etc: proceedings not started within reasonable time 28 (1) The Proceeds of Crime Act 2002 is amended as follows. (2) In section 41 (restraint orders)— (a) in subsection (7A), for “and (7C)” substitute “to (7CA)”; (b) after subsection (7C) insert— (7CA) In determining for the purposes of subsection (7B)(b) whether proceedings for the offence have not started within a reasonable time, the court must, in particular, have regard to the following— (a) the length of time that has passed since the making of the restraint order; (b) the reasons given by the prosecutor for proceedings not having started within that time; (c) the length and complexity of the criminal investigation, both before and after the making of the restraint order; (d) the extent to which the matters subject to that investigation include matters arising abroad; (e) the length and complexity of the potential proceedings; (f) the nature of the restraint order (for example, the extent of the property to which it relates); (g) the impact of the restraint order on any person affected by the order. (3) In section 42 (restraint orders: application, discharge and variation), after subsection (7) insert— (7A) In determining for the purposes of subsection (7)(a) whether proceedings for the offence have not started within a reasonable time, the court must, in particular, have regard to the following— (a) the length of time that has passed since the making of the restraint order; (b) the reasons given by the prosecutor for proceedings not having started within that time; (c) the length and complexity of the criminal investigation, both before and after the making of the restraint order; (d) the extent to which the matters subject to that investigation include matters arising abroad; (e) the length and complexity of the potential proceedings; (f) the nature of the restraint order (for example, the extent of the property to which it relates); (g) the impact of the restraint order on any person affected by the order. Restraint orders: effect of conviction 29 After section 42 of the Proceeds of Crime Act 2002 insert— Restraint orders: effect of conviction 42A (1) In making or varying a restraint order at any time after the defendant’s conviction for an offence, the Crown Court must have regard, in particular, to— (a) the fact of the defendant’s conviction, and (b) whether any of the following has been, or is likely to be, made against the defendant— (i) a compensation order under Chapter 2 of Part 7 of the Sentencing Code; (ii) an order requiring payment of a surcharge under section 42 of that Code; (iii) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013; (iv) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015. (2) Subsections (3) and (4) apply where— (a) the Crown Court makes a restraint order at a time when the defendant has not been convicted of an offence, and (b) the defendant is subsequently convicted of an offence at a time when the order remains in force. (3) If the restraint order is subject to an exception made under section 41(3), the Crown Court must review the appropriateness of the exception having regard, in particular, to the matters mentioned in subsection (1). (4) Following that review the court may vary the restraint order, whether or not an application has been made under section 42(3). Part 10 Management receivers Appointment of management receiver 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— (a) a magistrates’ court has made a further detention order, and (b) an application is made to the Crown Court to proceed under subsection (2) by— (i) the prosecutor, or (ii) an accredited financial investigator. ; (b) in subsection (2), after “restraint order” insert “or (as the case may be) further detention order”; (c) after subsection (2) insert— (3) For the purposes of this section and section 49, a “further detention order” is an order made in relation to property under section 47M (further detention of property detained under section 47J). (3) In section 49 (powers of management receiver)— (a) in subsection (1), after “restraint order” insert “or (as the case may be) further detention order (referred to in this section as the “relevant order”)”; (b) in subsections (2), (5) and (6)(a), for “restraint order” substitute “relevant order”. (4) In section 63 (discharge and variation), in subsection (3)(a), after “section 40” insert “or 47B”. Part 11 Appeals Appeal rights in relation to confiscation proceedings 31 (1) The Proceeds of Crime Act 2002 is amended in accordance with sub-paragraphs (2) to (9). (2) After section 67D insert— Appeals Appeals in relation to confiscation orders 67E (1) If the Crown Court makes a confiscation order, the prosecutor may appeal to the Court of Appeal in respect of the order. (2) If the Crown Court decides not to make a confiscation order, the prosecutor may appeal to the Court of Appeal against the decision. (3) For the defendant’s right of appeal— (a) where the Crown Court makes a confiscation order, and (b) in respect of an order fixing the default term, see section 50(1) of the Criminal Appeal Act 1968 (the effect of which is that, for the purposes of the appeal rights conferred by that Act, both such orders form part of the defendant’s sentence). (4) On an appeal under subsection (1) the Court of Appeal— (a) may confirm, vary or quash the confiscation order, and (b) if it quashes the order, may direct the Crown Court to proceed afresh under section 6. (5) On an appeal under subsection (2) the Court of Appeal— (a) may confirm the decision, or (b) if it believes that the decision was wrong, may— (i) itself proceed under section 6 (ignoring subsections (1) to (3)), or (ii) direct the Crown Court to proceed afresh under that section. (6) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of the defendant or the prosecutor. (7) On an appeal from a decision of the Court of Appeal to confirm, vary or make a confiscation order the Supreme Court may confirm, vary or quash the order. (8) On an appeal from a decision of the Court of Appeal to confirm the decision of the Crown Court not to make a confiscation order, or from a decision of the Court of Appeal to quash a confiscation order, the Supreme Court may— (a) confirm the decision, or (b) direct the Crown Court to proceed afresh under section 6 if it believes the decision was wrong. (9) In proceeding afresh under section 6 pursuant to this section, the Crown Court must comply with any directions the Court of Appeal or (as the case may be) the Supreme Court may make. Appeals under section 67E: supplementary 67F (1) This section applies if a court makes or varies a confiscation order pursuant to section 67E. (2) The court must— (a) have regard to any fine imposed on the defendant in respect of the offence (or any of the offences) concerned; (b) have regard to any order which falls within section 13(3) and has been made against the defendant in respect of the offence (or any of the offences) concerned, unless the order has already been taken into account by a court in deciding what is the free property held by the defendant for the purposes of section 9. (3) Subsections (4) to (9) apply if a court makes a confiscation order pursuant to section 67E. (4) If a court has already sentenced the defendant for the offence (or any of the offences) concerned, section 6 has effect as if the defendant’s particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding the defendant’s sentence for the offence or offences concerned. (5) If an order falling with subsection (6) has been made against the defendant in respect of the offence (or any of the offences) concerned the court must have regard to the order. (6) These orders fall within this subsection— (a) a compensation order under Chapter 2 of Part 7 of the Sentencing Code; (b) an order requiring payment of a surcharge under section 42 of the Sentencing Code; (c) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013; (d) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015. (7) Section 8(2) does not apply, and the rules applying instead are that the court must— (a) take account of conduct occurring before the relevant date; (b) take account of property obtained before that date; (c) take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date. (8) In section 10— (a) the first and second assumptions do not apply with regard to property first held by the defendant on or after the relevant date; (b) the third assumption does not apply with regard to expenditure incurred by the defendant on or after that date; (c) the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by the defendant on or after that date. (9) Section 26 applies as it applies in the circumstances mentioned in subsection (1) of that section. (10) For the purposes of this section, “the relevant date” is— (a) in a case where the Crown Court made a confiscation order which was quashed by the Court of Appeal, the date on which the Crown Court made the order; (b) in any other case, the date on which the Crown Court decided not to make a confiscation order. Appeals in relation to section 10A determinations 67G (1) If a court makes a determination under section 10A of the extent of the defendant’s interest in property, the following may appeal to the Court of Appeal in respect of the determination— (a) the prosecutor; (b) the defendant, if subsection (2) applies; (c) a person who the Court of Appeal believes is or may be a person holding an interest in the property, if subsection (2) applies. (2) This subsection applies if— (a) the defendant or (as the case may be) the person within subsection (1)(c) was not given a reasonable opportunity to make representations when the determination was made, or (b) it appears to the Court of Appeal to be arguable that giving effect to the determination would result in a serious risk of injustice to the defendant or that other person. (3) But there is no right of appeal for the defendant or a person within subsection (1)(c) if— (a) the Court of Appeal believes that an application under section 50 is to be made by the prosecutor for the appointment of a receiver, (b) such an application has been made but not yet determined, or (c) a receiver has been appointed under section 50. (4) On an appeal under this section the Court of Appeal may— (a) confirm the determination, or (b) make such order as it believes is appropriate. (5) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings on the appeal. (6) On an appeal under subsection (5) the Supreme Court may— (a) confirm the decision of the Court of Appeal, or (b) make such order as it believes is appropriate. Appeals in relation to compliance orders 67H (1) If, on an application under section 13A(3)(b), the Crown Court decides not to make a compliance order, the prosecutor may appeal to the Court of Appeal against the decision. (2) If the Crown Court decides to make, discharge or vary a compliance order, the following persons may appeal to the Court of Appeal in respect of the decision— (a) the prosecutor; (b) the defendant; (c) any other person affected by the order. (3) On an appeal under subsection (1) or (2) the Court of Appeal may— (a) confirm the decision, or (b) make such order as it believes is appropriate. (4) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings on the appeal. (5) On an appeal under subsection (4) the Supreme Court may— (a) confirm the decision of the Court of Appeal, or (b) make such order as it believes is appropriate. (6) In this section “compliance order” means an order made under section 13A. Appeals in relation to variations of confiscation order 67I (1) If the Crown Court makes an order under section 21, 22 or 23 varying a confiscation order, the prosecutor may appeal to the Court of Appeal in respect of the order. (2) For the defendant’s right of appeal where the Crown Court makes an order under section 21 or 22, see section 50(1)(cb) of the Criminal Appeal Act 1968 (the effect of which is that, for the purposes of the appeal rights conferred by that Act, any such order forms part of the defendant’s sentence). (3) On an appeal under subsection (1) the Court of Appeal— (a) may confirm, vary or quash the order concerned, and (b) if it quashes the order, may direct the Crown Court to proceed afresh under section 21, 22 or 23. (4) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of the defendant or the prosecutor. (5) On an appeal from a decision of the Court of Appeal to confirm or vary the order concerned the Supreme Court may confirm, vary or quash the order. (6) On an appeal from a decision of the Court of Appeal to quash the order concerned the Supreme Court may— (a) confirm the decision of the Court of Appeal, or (b) direct the Crown Court to proceed afresh under section 21, 22 or 23 if it believes the decision was wrong. (7) In proceeding afresh pursuant to this section, the Crown Court must comply with any directions the Court of Appeal or (as the case may be) the Supreme Court may make. Appeals in relation to restraint orders 67J (1) If, on an application under section 42 for a restraint order, the Crown Court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision. (2) If an application is made under section 42(3) in relation to a restraint order or an order under section 41(7), the following may appeal to the Court of Appeal in respect of the Crown Court’s decision on the application— (a) the person who applied for the order; (b) any person affected by the order. (3) On an appeal under subsection (1) or (2) the Court of Appeal may— (a) confirm the decision, or (b) make such order as it believes is appropriate. (4) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal. (5) On an appeal under subsection (4) the Supreme Court may— (a) confirm the decision of the Court of Appeal, or (b) make such order as it believes is appropriate. Appeals in relation to management and enforcement receivers 67K (1) If, on an application for an order under any of sections 48 to 51 or 62, the Crown Court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision. (2) If the Crown Court makes an order under any of sections 48 to 51 or 62, any of the following may appeal to the Court of Appeal in respect of the order— (a) the person who applied for the order; (b) any person affected by the order; (c) if the order was made under section 62, the receiver. (3) The following may appeal to the Court of Appeal against a decision of the Crown Court on an application under section 63— (a) the person who applied for the order in respect of which the application was made; (b) any person affected by the court’s decision; (c) the receiver. (4) On an appeal under this section the Court of Appeal may— (a) confirm the decision, or (b) make such order as it believes is appropriate. (5) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal. (6) On an appeal under subsection (5) the Supreme Court may— (a) confirm the decision of the Court of Appeal, or (b) make such order as it believes is appropriate. Appeals in relation to realisation etc of seized property 67L (1) If the enforcing court decides not to make an order under section 67ZA(3), 67A(3) or 67AA(2), an appropriate officer may appeal against the decision to the applicable court. (2) If the enforcing court makes an order under 67ZA(3), 67A(3) or 67AA(2), a person affected by the order may appeal in respect of the order to the applicable court, but only if conditions 1 and 2 are met (and see subsection (5)). (3) Condition 1 is met if no determination under section 10A has been made in relation to the case. (4) Condition 2 is met if— (a) the person concerned was not given a reasonable opportunity to make representations when the confiscation order was made, or (b) it appears to the applicable court to be arguable that not hearing the appeal would result in a serious risk of injustice to that person. (5) A person holding the property to which the order under section 67ZA, 67A or (as the case may be) 67AA relates may not appeal under subsection (2) if there is a confiscation order made against them. (6) An appropriate officer may appeal to the applicable court against— (a) a decision by the enforcing court not to make a determination under section 67B; (b) a determination made by the enforcing court under that section. (7) On an appeal under this section to the Court of Appeal it may— (a) confirm the decision, or (b) make such order as it believes is appropriate. (8) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal. (9) On an appeal under subsection (8) the Supreme Court may— (a) confirm the decision of the Court of Appeal, or (b) make such order as it believes is appropriate. (10) In this section— “the applicable court” is— in a case where the enforcing court is a magistrates’ court, the Crown Court; in a case where the enforcing court is the Crown Court, the Court of Appeal; “appropriate officer” has the same meaning as in section 41A. (3) In section 44A (detention of property pending appeal), in subsections (1)(b) and (2)(b), for “43(3)(b)” substitute “67J(3)(b)”. (4) In section 46 (hearsay evidence), in subsection (3)(c), for “43 or 44” substitute “67J”. (5) In section 68 (applications and appeals), in subsection (1)(b), for “43, 44, 65 or 66” substitute “67J or 67K”. (6) In section 69 (powers of court and receiver etc), in subsection (1)(a), for “and sections 62 to 67D” substitute “, sections 62 to 67D and sections 67J to 67L”. (7) In section 85 (proceedings), in subsection (6)— (a) in paragraph (a), for “31(2)” substitute “67E(2)”; (b) in paragraph (b), for “31(2)” substitute “67E(2)”; (c) in paragraph (c)— (i) for “31(2)” substitute “67E(2)”; (ii) for “33” substitute “67E(6)”; (d) in paragraph (d)— (i) for “31(2)” substitute “67E(2)”; (ii) for “33” substitute “67E(6)”; (e) in paragraph (e)— (i) for “31(2)” substitute “67E(2)”; (ii) for “33” substitute “67E(6)”; (f) in paragraph (f), for “31(2)” substitute “67E(2)”; (g) in paragraph (g), for “33” substitute “67E(6)”. (8) In section 89 (procedure on appeal to the Court of Appeal), in subsection (4)— (a) in paragraph (za), for “31(4)” substitute “67G(1)”; (b) in paragraph (a), for “43(1) or (2)” substitute “67J(1) or (2)”; (c) in paragraph (b), for “65” substitute “67K(1) to (3)”. (9) Omit— (a) section 13B (appeals against compliance orders); (b) sections 31 to 33 (appeals against confiscation orders); (c) sections 43 and 44 (restraint orders: appeals); (d) sections 65 and 66 (receivers: appeals); (e) section 67C (orders in relation to seized property: appeals). (10) In section 50 of the Criminal Appeal Act 1968 (meaning of sentence)— (a) in subsection (1), in paragraph (ca), omit the words from “(but” to the end; (b) after subsection (3) insert— (4) A determination made under section 10A of the Proceeds of Crime Act 2002 is not a sentence for the purposes of this Act (see section 67G of that Act for rights of appeal in relation to such a determination). (5) A compliance order made under section 13A of the Proceeds of Crime Act 2002 is not a sentence for the purposes of this Act (see section 67H of that Act for rights of appeal in relation to such an order). Part 12 Consequential and related amendments Courts Act 2003 (c. 39) 32 In the Courts Act 2003, in Schedule 8 (minor and consequential amendments), omit paragraph 406. 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 Agency and its Director)— (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) 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); (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) 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). 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. 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)— (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)”; (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) 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 (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. 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 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 In section 161E(5) (making an income reduction order) (as inserted by section 3 of the Sentencing Act 2026), for paragraph (b) substitute— (b) section 15A (where court sentences before confiscation proceedings). 53 (1) Schedule 22 (prospective amendments of the Sentencing Code and related legislation) is amended as follows. (2) After Part 7 insert— Part 7A Amendments of other Acts consequential on prospective abolition of detention in default of payment of fines etc Proceeds of Crime Act 2002 (c. 29) 100A (1) The Proceeds of Crime Act 2002 is amended as follows. (2) In section 35A (default term of imprisonment or detention)— (a) in subsection (2), for paragraphs (a) and (b) substitute “of imprisonment”; (b) in subsection (4), in the opening words, omit “, or detained,”; (c) in the heading, omit “or detention”. (3) In section 35J (enforcement by magistrates’ court), in subsection (4), omit the words from “, or detention” to “Act 2000,”. (4) In section 35M (warrant of commitment issued by Crown Court), in subsection (3), omit the words from “, or detention” to “Act 2000,”. (3) In Part 8 (amendments of other Acts consequential on prospective change to age limit for imprisonment) at the end insert— Proceeds of Crime Act 2002 (c. 29) 103 In section 35A of the Proceeds of Crime Act 2002 (default term of imprisonment or detention), in subsection (4)(c), omit “, custody for life or detention in a young offender institution”. 54 In Schedule 24 (consequential amendments)— (a) omit paragraphs 183 and 184; (b) omit paragraph 185(3); (c) omit paragraph 186(3); (d) omit paragraphs 187 and 188; (e) omit paragraphs 190 to 192. ## Schedule 24 Notification requirements for child cruelty offenders: child cruelty offences {#schedule-24} Section 193 Part 1 Child cruelty offences Offences against the Person Act 1861 (c.100) 1 An offence under section 27 of the Offences against the Person Act 1861 (abandoning or exposing a child), if the offender— (a) was 18 or over, and (b) is sentenced in respect of the offence to imprisonment for a term of at least 12 months. Children and Young Persons Act 1933 (c.12) 2 An offence under section 1 of the Children and Young Persons Act 1933 (child cruelty) if the offender— (a) was 18 or over, or (b) is sentenced in respect of the offence to imprisonment for a term of at least 12 months. Infanticide Act 1938 (c. 36) 3 An offence under section 1 of the Infanticide Act 1938 (infanticide). Female Genital Mutilation Act 2003 (c. 31) 4 An offence under section 1 of the Female Genital Mutilation Act 2003 (female genital mutilation), if— (a) the victim was under 18, and (b) the offender— (i) was 18 or over, or (ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months. 5 An offence under section 2 of that Act (assisting a girl to mutilate her own genitalia), if— (a) the victim was under 18, and (b) the offender— (i) was 18 or over, or (ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months. 6 An offence under section 3 of that Act (assisting a non-UK person to mutilate overseas a girl’s genitalia), if— (a) the victim was under 18, and (b) the offender— (i) was 18 or over, or (ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months. Domestic Violence, Crime and Victims Act 2004 (c. 28) 7 (1) An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 of causing or allowing a person’s death, if the victim was under 18. (2) An offence under that section of causing or allowing a person to suffer serious physical harm, if— (a) the victim was under 18, and (b) the offender— (i) was 18 or over, or (ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months. Part 2 Corresponding service offences 8 (1) An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence listed in Part 1 of this Schedule. (2) Section 48 of that Act (attempts, conspiracy, encouragement and assistance and aiding and abetting outside England and Wales) applies for the purposes of this paragraph as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to this paragraph. ## Schedule 25 Special police forces: barred persons lists and advisory lists {#schedule-25} Section 212 Part 1 Barred persons lists Duty to maintain barred persons lists 1 (1) Each relevant policing authority must maintain a barred persons list. (2) In this Schedule “relevant policing authority” means— (a) the British Transport Police Authority; (b) the Civil Nuclear Police Authority; (c) the Director General of the National Crime Agency; (d) the Secretary of State. (3) Each barred persons list must include such information in relation to a person included in the list as is specified in regulations made by the Secretary of State. Inclusion of NCA officers and constables in barred persons lists 2 (1) The Director General of the National Crime Agency must include a person in the barred persons list maintained by them if— (a) the person ceases to be an NCA officer by virtue of being dismissed at disciplinary proceedings, or (b) the person is a former NCA officer and there is a finding in relation to the person in disciplinary proceedings that the person would have been dismissed if the person had still been an NCA officer. (2) Each other relevant policing authority must include a person in the barred persons list maintained by them if— (a) the person ceases to be a constable of the relevant police force by virtue of being dismissed at disciplinary proceedings, or (b) the person is a former constable of the relevant police force and there is a finding in relation to the person in disciplinary proceedings that the person would have been dismissed if the person had still been a constable of the relevant police force. (3) “Relevant police force” means— (a) in relation to the British Transport Police Authority, the British Transport Police Force; (b) in relation to the Civil Nuclear Police Authority, the Civil Nuclear Constabulary; (c) in relation to the Secretary of State, the Ministry of Defence Police. Inclusion of civilian employees in barred persons lists 3 (1) This paragraph applies to— (a) the Civil Nuclear Police Authority; (b) the British Transport Police Authority. (2) Each relevant policing authority to which this paragraph applies must include a person in the barred persons list maintained by them if— (a) the person ceases to be a civilian employee of the authority by virtue of being dismissed and the reason, or one of the reasons, for the dismissal relates to conduct, efficiency or effectiveness, or (b) the person is a former civilian employee of the authority and there is a finding in relation to the person in disciplinary proceedings that, if the person had still been such an employee, the person would have been dismissed as mentioned in paragraph (a). (3) In this Schedule “civilian employee”— (a) in relation to the Civil Nuclear Police Authority, means an employee of the Authority who is not a constable; (b) in relation to the British Transport Police Authority, means a person employed by the Authority under section 27 of the Railways and Transport Safety Act 2003 who is— (i) under the direction and control of the Chief Constable of the British Transport Police Force, or (ii) designated as a community support officer or policing support officer by virtue of section 28(1)(a) of that Act. (4) For the purposes of this paragraph a person is dismissed if the circumstances in which the person ceases to be a civilian employee amount to dismissal within the meaning of Part 10 of the Employment Rights Act 1996 (see section 95 of that Act). Removal of NCA officers and constables from barred persons lists 4 (1) This paragraph applies where— (a) a person included in a barred persons list by virtue of paragraph 2(1)(a) is reinstated as an NCA officer, (b) a person included in a barred persons list by virtue of paragraph 2(2)(a) is reinstated as a constable of the relevant police force, or (c) in relation to a person included in a barred persons list by virtue of paragraph 2(1)(b) or (2)(b), the finding that the person would have been dismissed is set aside. (2) The relevant policing authority must remove the person from the barred persons list. Removal of civilian employees from barred persons lists 5 (1) This paragraph applies where— (a) the dismissal of a person included in a barred persons list by virtue of paragraph 3(2)(a) is found to have been an unfair dismissal following a complaint under section 111 of the Employment Rights Act 1996 (whether by an employment tribunal or on appeal), or (b) the finding that a person included in a barred persons list by virtue of paragraph 3(2)(b) would have been dismissed is set aside at proceedings that are identified as appeal proceedings by regulations made by the Secretary of State. (2) The relevant policing authority must remove the person from the barred persons list maintained by the authority. Removal from barred lists: further provision 6 The Secretary of State may by regulations make provision in connection with the removal of persons from barred persons lists otherwise than under paragraph 4 or 5. Publication of information in barred persons lists 7 (1) This paragraph applies to— (a) the British Transport Police Authority; (b) the Civil Nuclear Police Authority; (c) the Secretary of State. (2) The Secretary of State may by regulations require a relevant policing authority to which this paragraph applies to publish information about persons included in the barred persons list maintained by the authority. (3) The regulations may in particular make provision about— (a) the persons included in the barred persons list about whom information is to be published; (b) the information which is to be published; (c) when the information is to be published; (d) the period for which the information is to remain published; (e) how the information is to be published. Power to disclose information in barred persons list 8 A relevant policing authority may, if it considers it to be in the public interest to do so, disclose to any person information included in its barred persons list which relates to a particular person who is included in that list. Part 2 Advisory lists Duty to maintain advisory lists 9 (1) Each relevant policing authority must maintain an advisory list. (2) An advisory list must include such information in relation to a person as is specified in regulations made by the Secretary of State. Inclusion of persons in advisory lists 10 (1) The Director General of the National Crime Agency must include a person in the advisory list maintained by them if— (a) the person ceases to be an NCA officer by resigning or retiring, and (b) Condition 1 or Condition 2 is met in relation to the person. (2) Each other relevant policing authority must include a person in the advisory list maintained by them if— (a) the person ceases to be a constable of the relevant police force by resigning or retiring, and (b) Condition 1 or Condition 2 is met in relation to the person. (3) The Civil Nuclear Police Authority and the British Transport Police Authority must also include a person in the advisory list maintained by them if— (a) the person ceases to be a civilian employee of the authority by resigning or retiring, and (b) Condition 1 is met in relation to the person. (4) Condition 1 is that the resignation or retirement took place— (a) after a relevant allegation about the person came to the attention of the relevant policing authority, but (b) before disciplinary proceedings in respect of the allegation were brought or, if brought, before they concluded. (5) But Condition 1 is not met if, before the person resigned or retired, it was determined that no disciplinary proceedings would be brought against the person in respect of the allegation. (6) Condition 2 is that a relevant allegation about the person came to the attention of the relevant policing authority after the person resigned or retired. (7) For the purposes of this paragraph an allegation about a person is a relevant allegation if— (a) it relates to the conduct, efficiency or effectiveness of the person, and (b) the allegation (if proved) is of a type that might have resulted in the person being dismissed if the person had not resigned or retired. Removal from advisory list 11 (1) A relevant policing authority must remove a person from the advisory list maintained by the authority if— (a) it is determined that no disciplinary proceedings will be brought against the person, (b) disciplinary proceedings brought against the person are withdrawn, or (c) disciplinary proceedings brought against the person are concluded without there being a finding that the person would have been dismissed if the person had not resigned or retired. (2) A relevant policing authority must remove a person from the advisory list maintained by the authority if the person is included in the barred persons list maintained by the authority. (3) The Secretary of State may by regulations make provision in connection with removals from an advisory list otherwise than under sub-paragraph (1) or (2). Power to disclose information in advisory list 12 A relevant policing authority may, if it considers it to be in the public interest to do so, disclose to any person information included in the advisory list maintained by the authority which relates to a particular person who is included in that advisory list. Part 3 Supplementary provision Meaning of “disciplinary proceedings” 13 In this Schedule “disciplinary proceedings”— (a) in relation to an officer or former officer of the National Crime Agency, means any proceedings or process relating to the person’s conduct and any action to be taken as a result of that conduct; (b) in relation to a constable or former constable of the British Transport Police Force, means proceedings under regulations made under section 36, 37, 40 or 42 of the Railways and Transport Safety Act 2003 which apply, or deal with matters that could be dealt with by, regulations under section 50(3) or (3A) or section 51(2A) or (2B) of the Police Act 1996; (c) in relation to a constable or former constable of the Civil Nuclear Constabulary, means proceedings under provision relating to matters which are the subject of regulations under section 50(3) or (3A) of the Police Act 1996; (d) in relation to a constable or former constable of the Ministry of Defence Police, means proceedings under regulations made under section 3A(1A) or (1B) of the Ministry of Defence Police Act 1987; (e) in relation to a civilian employee of the British Transport Police Authority or the Civil Nuclear Police Authority, has the meaning given by regulations made by the Secretary of State. Interpretation: general 14 In this Schedule— “advisory list” means a list maintained by a relevant policing authority under paragraph 9(1); “barred persons list” means a list maintained by a relevant policing authority under paragraph 1(1); “civilian employee” has the meaning given by paragraph 3(3); “NCA officer” has the meaning given in section 16(1) of the Crime and Courts Act 2013; “relevant police force” has the meaning given by paragraph 2(3); “relevant policing authority” has the meaning given by paragraph 1(2). Regulations 15 (1) The Secretary of State must consult the Scottish Ministers before making regulations under this Schedule containing provision which would be within the legislative competence of the Scottish Parliament, if contained in an Act of that Parliament. (2) The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under this Schedule containing provision which— (a) would be within the legislative competence of the Northern Ireland Assembly, if it were contained in an Act of that Assembly, and (b) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998. ## Schedule 27 Sentences for offence of breaching foreign travel restriction order {#schedule-27} Section 235 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 8 for the words from “section 54” to the end substitute any of the following provisions of the Counter-Terrorism Act 2008— (a) section 54 (breach of police notification requirements etc); (b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order). Criminal Procedure (Scotland) Act 1995 (c. 46) 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 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 27 to the Crime and Policing Act 2026 comes into force. (3) In paragraph 4 of Schedule 5ZB (list of terrorism offences) for the words from “section 54” to the end substitute any of the following provisions of the Counter-Terrorism Act 2008— (a) section 54 (breach of police notification requirements etc); (b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order). Criminal Justice Act 2003 (c.44) 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 the amendments made by paragraph 3 of Schedule 27 to the Crime and Policing Act 2026, the references in subsections (9) and (10) to the date on which this section comes into force are to be read as references to the date on which that paragraph comes into force. (3) In paragraph 8 of Schedule 19ZA (offences to which section 247A applies) for the words from “section 54” to the end substitute any of the following provisions of the Counter-Terrorism Act 2008— (a) section 54 (breach of police notification requirements etc); (b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order). Counter-Terrorism Act 2008 (c. 28) 4 In Schedule 1A to the Counter-Terrorism Act 2008 (offences where terrorism connection not required to be considered), in paragraph 4— (a) the existing text becomes sub-paragraph (1); (b) after that sub-paragraph insert— (2) An offence under paragraph 15 of Schedule 5 to that Act (breach of foreign travel restriction order) of which a person is convicted on or after the day on which paragraph 4 of Schedule 27 to the Crime and Policing Act 2026 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. (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 27 to the Crime and Policing Act 2026 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 27 to the Crime and Policing Act 2026, the reference in paragraph (10) to the commencement date is to be read as a reference to the date on which that paragraph comes into force. (4) In paragraph 32 of Schedule 2A (terrorism offences specified for purposes of Articles 15A and 20A) for the words from “section 54” to the end substitute any of the following provisions of the Counter-Terrorism Act 2008— (a) section 54 (breach of police notification requirements etc); (b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order). Sentencing Code 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, this section applies in relation to convictions on or after the day on which paragraph 6 of Schedule 27 to the Crime and Policing Act 2026 comes into force. (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 27 to the Crime and Policing Act 2026 comes into force. (4) In section 278 (special sentence for offenders of particular concern) after subsection (4) insert— (5) In the case of an offence listed in paragraph 4(b) of Schedule 13, this section applies in relation to convictions on or after the day on which paragraph 6 of Schedule 27 to the Crime and Policing Act 2026 comes into force. (5) In paragraph 4 of Schedule A1 (terrorist connection aggravating factor - offences where terrorism connection not required to be considered)— (a) the existing text becomes sub-paragraph (1); (b) after that sub-paragraph insert— (2) An offence under paragraph 15 of Schedule 5 to that Act (breach of foreign travel restriction order) of which a person is convicted on or after the day on which paragraph 6 of Schedule 27 to the Crime and Policing Act 2026 comes into force. (6) In paragraph 4 of Schedule 13 (offences attracting special sentence for offenders of particular concern), for the words from “section 54” to the end substitute any of the following provisions of the Counter-Terrorism Act 2008— (a) section 54 (breach of police notification requirements etc); (b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order).