Change 1 Article Choose an article Title and introductory text 1 Police covenant report 2 Increase in penalty for assault on emergency worker 3 Required life sentence for manslaughter of emergency worker 4 Special constables and Police Federations: amendments to the Police Act 1996 5 Meaning of dangerous driving: constables etc 6 Meaning of careless driving: constables etc 7 Regulations relating to sections 5 and 6 8 Duties to collaborate and plan to prevent and reduce serious violence 9 Powers to collaborate and plan to prevent and reduce serious violence 10 Power to authorise collaboration etc. with other persons 11 Specified authorities and local government areas 12 Educational, prison and youth custody authorities 13 Preventing and reducing serious violence 14 Involvement of local policing bodies 15 Involvement of educational, prison and youth custody authorities 16 Disclosure of information 17 Supply of information to local policing bodies 18 Directions 19 Guidance 20 Amendments to the Crime and Disorder Act 1998 21 Amendment to the Police and Justice Act 2006 22 Regulations 23 Index of defined expressions 24 Duty to arrange a review 25 Relevant review partners 26 Relationship with other review requirements 27 Notification of Secretary of State 28 Conduct of review 29 Information 30 Information: supplementary 31 Delegating functions 32 Guidance 33 Power to pay grant: local health boards 34 Piloting 35 Regulations 36 Interpretation 37 Extraction of information from electronic devices: investigations of crime etc 38 Application of section 37 to children and adults without capacity 39 Requirements for voluntary provision and agreement 40 Application of section 37 where user has died etc 41 Extraction of information from electronic devices: investigations of death 42 Code of practice about the extraction of information 43 Confidential information 44 Authorised persons 44A Requests for information relating to victims 44B Notice requirements for victim information requests 44C Content of victim information requests 44D Code of practice 44E Authorised persons 44F Application of this Chapter to service police etc 45 Pre-charge bail 46 Arranging or facilitating commission of a child sex offence 47 Positions of trust 48 Voyeurism: breast-feeding 49 Time limit for prosecution of common assault or battery in domestic abuse cases 50 Criminal damage to memorials: mode of trial 51 Overseas production orders 52 Power to photograph certain persons at a police station 53 Power to specify date of attendance at police station for fingerprinting etc 54 PACE etc powers for food crime officers 55 Entry and search of premises for human remains or material relating to human remains 56 Special procedure for access to material relating to human remains 57 Additional seizure powers 58 Functions of prisoner custody officers in relation to live link hearings 59 Proceeds of crime: account freezing orders 60 Code of practice relating to non-criminal hate incidents 61 Further provision about a code of practice under section 60 62 Increase in penalty for offences related to game etc 63 Trespass with intent to search for or to pursue hares with dogs etc 64 Being equipped for searching for or pursuing hares with dogs etc 65 Recovery order on conviction for certain offences involving dogs 66 Disqualification order on conviction for certain offences involving dogs 67 Seizure and disposal of dogs in connection with disqualification order 68 Termination of disqualification order 69 Section 67: supplementary 70 Disqualification orders: appeals 71 Administering a substance with intent to cause harm 72 Response to Law Commission report on hate crime laws 73 Imposing conditions on public processions 74 Imposing conditions on public assemblies 75 Offences under sections 12 and 14 of the Public Order Act 1986 76 Obstruction of vehicular access to Parliament 77 Power to specify other areas as controlled areas 78 Intentionally or recklessly causing public nuisance 79 Imposing conditions on one-person protests 80 Wilful obstruction of highway 81 Repeal of the Vagrancy Act 1824 etc 82 Expedited public spaces protection orders 83 Offence relating to residing on land without consent in or with a vehicle 84 Amendments to existing powers 85 Guidance on exercise of police powers in respect of trespassers on land etc 86 Causing death by dangerous driving or careless driving when under the influence of drink or drugs: increased penalties 87 Causing serious injury by careless, or inconsiderate, driving 88 Road traffic offences: minor and consequential amendments 89 Courses offered as alternative to prosecution: fees etc 90 Charges for removal, storage and disposal of vehicles 91 Production of licence to the court 92 Surrender of licence to Secretary of State where disqualified 93 Removal of requirement to surrender licence where fixed penalty notice 94 Removal of requirement to deliver up licence where conditional offer 95 Surrender of licences and test certificates by new drivers 96 Minor and consequential amendments 97 Power to issue fixed penalty notices on-the-spot in Scotland 116 Code of practice 122 Penalty for cruelty to children 123 Penalty for causing or allowing a child or vulnerable adult to die or suffer serious physical harm 124 Minimum sentences for particular offences 125 Whole life order as starting point for premeditated child murder 126 Whole life orders for young adult offenders in exceptional cases 127 Starting points for murder committed when under 18 128 Sentences of detention during Her Majesty’s pleasure: review of minimum term 129 Life sentence not fixed by law: minimum term 130 Increase in requisite custodial period for certain violent or sexual offenders 131 Increase in requisite custodial period for certain other offenders of particular concern 132 Power to refer high-risk offenders to Parole Board in place of automatic release 133 Power to make provision for reconsideration and setting aside of Parole Board decisions 134 Responsibility for setting licence conditions for fixed-term prisoners 135 Repeal of uncommenced provision for establishment of recall adjudicators 136 Release at direction of Parole Board after recall: fixed-term prisoners 137 Power to change test for release of fixed-term prisoners following recall 138 Imprisonment for public protection etc: duty to refer person released on licence to Parole Board 139 Release at direction of Parole Board: timing 140 Extension of driving disqualification where custodial sentence imposed: England and Wales 141 Increase in driving disqualification periods under certain existing orders: England and Wales 142 Extension of driving disqualification where custodial sentence imposed: Scotland 143 Increase in driving disqualification periods under certain existing orders: Scotland 144 Calculation of period before release or Parole Board referral where multiple sentences being served 145 Application of release provisions to repatriated prisoners 146 Sentences and offences in respect of which polygraph condition may be imposed 147 Minor amendments to do with weapons-related offences 148 Application of provision about minimum terms to service offences 150 Increases in maximum daily curfew hours and curfew requirement period 151 Power for responsible officer to vary curfew requirements etc 152 Removal of attendance centre requirements for adults 153 Special procedures relating to review and breach 154 Drug testing requirement 155 Duty to consult on unpaid work requirements 156 Assaults on those providing a public service etc 157 Youth remand 158 Discretion as to length of term 159 Consecutive detention and training order and sentence of detention: effect of early release decision 160 Detention and training orders: time to count as served 161 Youth rehabilitation orders 162 Abolition of reparation orders 163 Temporary release from secure children’s homes 164 Secure 16 to 19 Academies 165 Serious violence reduction orders 166 Serious violence reduction orders: piloting 167 Knife crime prevention order on conviction: adjournment of proceedings 168 Locations for sexual offender notification 169 Offences outside the United Kingdom: notification requirements 170 Notification orders: Scotland 171 Applications by British Transport Police and Ministry of Defence Police 172 List of countries 173 Requirement for courts and certain persons to have regard to the list of countries 174 Standard of proof 175 Sexual harm prevention orders: power to impose positive requirements 176 Sexual risk orders: power to impose positive requirements 177 Positive requirements: further amendments 179 Positive requirements and electronic monitoring requirements: service courts 180 Enforcement of requirements of orders made in Scotland or Northern Ireland 181 Effect of conviction for breach of Scottish order etc 182 Orders superseding, or superseded by, Scottish orders 183 Variation etc of order by court in another part of the United Kingdom 184 Terrorist offenders released on licence: arrest without warrant pending recall decision 185 Power to search terrorist offenders released on licence 186 Search of premises of offender released on licence for purposes connected with protection from risk of terrorism 187 Powers of seizure and retention 188 Sections 184 to 187: consequential provision 189 Arrangements for assessing etc risks posed by certain offenders 190 Football banning orders: relevant offences 191 Football banning orders: power to amend list of relevant offences 192 Football banning orders: requirement to make order on conviction etc 193 Rehabilitation of offenders 194 Disregard of certain convictions or cautions 195 Pardons for certain convictions or cautions 196 British Sign Language interpreters for deaf jurors 197 Continuation of criminal trial on death or discharge of a juror 198 Remote observation and recording of court and tribunal proceedings 199 Offence of recording or transmission in relation to remote proceedings 200 Expansion of use of video and audio links in criminal proceedings 201 Repeal of temporary provision 202 Expedited procedure for initial regulations about remote observation of proceedings 203 Financial provision 204 Minor amendments arising out of sentencing consolidation 205 Power to make consequential provision 206 Power to state effect in Sentencing Act 2020 of commencement of amendments made by this Act 207 Extent 208 Commencement 209 Short title SCHEDULE 1 Specified authorities and local government areas SCHEDULE 2 Educational, prison and youth custody authorities SCHEDULE 3 Extraction of information from electronic devices: authorised persons SCHEDULE 4 Pre-charge bail SCHEDULE 5 Overseas production orders SCHEDULE 6 Special procedure for access to material relating to human remains SCHEDULE 7 Expedited public spaces protection orders SCHEDULE 8 Road traffic offences: minor and consequential amendments SCHEDULE 9 Surrender of licences and test certificates by new drivers SCHEDULE 10 Surrender of licences: minor and consequential amendments SCHEDULE 12 Minimum sentences for particular offences: consequential amendments SCHEDULE 13 Removal of attendance centre requirements for adults: related amendments SCHEDULE 14 Community and suspended sentence orders: special procedures relating to review and breach SCHEDULE 15 Community and suspended sentence orders: drug testing requirement SCHEDULE 16 Detention and training orders: time to count as served SCHEDULE 17 Youth rehabilitation orders SCHEDULE 18 Variation etc of order by court in another part of the United Kingdom SCHEDULE 19 Management of terrorist offenders: provision consequential on sections 184 to 187 SCHEDULE 20 Further provision about video and audio links in criminal proceedings SCHEDULE 21 Minor amendments in relation to the sentencing consolidation
What to do with it
As published
40 Application of section 37 where user has died etc
(1) If any of conditions A to C is met, an authorised person may exercise the power in section 37(1) to extract information stored on an electronic device from that device even though—
(a) the device has not been voluntarily provided to an authorised person by a user of the device, or
(b) no user of the device has agreed to the extraction of information from the device by an authorised person.
(2) Condition A is that—
(a) a person who was a user of the electronic device has died, and
(b) the person was a user of the device immediately before their death.
(3) Condition B is that—
(a) a user of the electronic device is a child or an adult without capacity, and
(b) an authorised person reasonably believes that the user’s life is at risk or there is a risk of serious harm to the user.
(4) Condition C is that—
(a) a person who was a user of the electronic device is missing,
(b) the person was a user of the device immediately before they went missing, and
(c) an authorised person reasonably believes that the person’s life is at risk or there is a risk of serious harm to the person.
(5) The exercise of the power in subsection (1) of section 37 by virtue of this section is subject to that section.
Your wording
Your change, as a redline
40 Application of section 37 where user has died etc
(1) If any of conditions A to C is met, an authorised person may exercise the power in section 37(1) to extract information stored on an electronic device from that device even though—
(a) the device has not been voluntarily provided to an authorised person by a user of the device, or
(b) no user of the device has agreed to the extraction of information from the device by an authorised person.
(2) Condition A is that—
(a) a person who was a user of the electronic device has died, and
(b) the person was a user of the device immediately before their death.
(3) Condition B is that—
(a) a user of the electronic device is a child or an adult without capacity, and
(b) an authorised person reasonably believes that the user’s life is at risk or there is a risk of serious harm to the user.
(4) Condition C is that—
(a) a person who was a user of the electronic device is missing,
(b) the person was a user of the device immediately before they went missing, and
(c) an authorised person reasonably believes that the person’s life is at risk or there is a risk of serious harm to the person.
(5) The exercise of the power in subsection (1) of section 37 by virtue of this section is subject to that section.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.