SCHEDULE 10 Surrender of licences: minor and consequential amendments
Section 96
PART 1 Amendments to the Road Traffic Offenders Act 1988
1 The Road Traffic Offenders Act 1988 is amended as follows.
2 (1) Section 2 (requirement of warning etc: supplementary) is amended as follows.
(2) In subsection (2)—
(a) omit “, or” at the end of paragraph (a);
(b) omit paragraph (b).
3 (1) Section 26 (interim disqualification) is amended as follows.
(2) In subsection (8), omit “has not caused it to be delivered, or has not posted it, in accordance with section 7 of this Act and”.
(3) In subsection (9)—
(a) omit “, or” at the end of paragraph (a);
(b) omit paragraph (b).
4 (1) Section 27 (production of licence) is amended as follows.
(2) In subsection (3), omit “has not caused it to be delivered, or posted it, in accordance with section 7 of this Act and”.
(3) Omit subsection (4) (which has already been repealed as it extends to Scotland).
(4) Omit subsections (4A) and (5).
5 (1) Section 47 (supplementary provisions as to disqualifications and endorsements) is amended as follows.
(2) In subsection (2), omit “a court orders the endorsement of a person’s driving record it may, and where”.
(3) Omit subsection (2A).
6 Omit section 56 (licence receipts).
7 (1) Section 57A (endorsement of driving records without hearings) is amended as follows.
(2) In subsection (3)—
(a) after “penalty is made” insert “in accordance with this Part”;
(b) omit “and return to that person any licence surrendered by him under section 54 of this Act”.
(3) In subsection (4), omit “and return to that person any licence surrendered by him under section 54 of this Act”.
(4) In subsection (5)(b), after “him” insert “in accordance with this Part”.
8 (1) Section 61A (fixed penalty notice mistakenly given: exclusion of fixed penalty procedures) is amended as follows.
(2) In subsection (3), omit “and send the chief officer of police any licence sent to him under section 54(7) of this Act”.
9 (1) Section 69 (payment of penalty) is amended as follows.
(2) In subsection (1), omit “or authorised person”.
10 (1) Section 70 (registration certificates) is amended as follows.
(2) In subsection (2A)(a), omit “or given by an authorised person”.
(3) In subsection (3A)(a), omit “or given by an authorised person”.
11 (1) Section 79 (statements by constables) is amended as follows.
(2) In subsection (1), omit “or a notice under section 54(5) of this Act”.
(3) In subsection (6)—
(a) omit “, and” at the end of paragraph (a);
(b) omit paragraph (b).
12 In section 80 (certificates about payment)—
(a) in the heading, after “payment” insert “etc”;
(b) after paragraph (b) insert
, or
(c) that the identification requirements specified in section 69(3C) or 75(8B) have been fulfilled,
;
(c) in the words after paragraph (b), for “it” substitute “the penalty”.
13 (1) In section 84(a) (regulations), omit “54(5), 56,”.
(2) The reference in sub-paragraph (1) of this paragraph to section 84(a) is to be read as a reference to section 84(1)(a), if the condition in sub-paragraph (3) is met.
(3) The condition is that section 16(3) of the Domestic Violence, Crime and Victims Act 2004 (which amends section 84) comes into force before the repeal of section 54(5) of the Road Traffic Offenders Act 1988 made by section 93(3)(b) of this Act.
14 (1) Section 89 (interpretation) is amended as follows.
(2) In subsection (1), omit the definition of “authorised person”.
(3) In subsection (1), in the definition of “chief officer of police”, omit “(except in the definition of “authorised person”)”.
15 (1) Section 90 (index to Part 3) is amended as follows.
(2) In the table, omit the entry for “authorised person”.
16 In section 91ZA(1) (application to Northern Ireland licence holders), after paragraph (c) insert—
(ca) section 37A,
.
17 In section 91A(1) (application to Community licence holders)—
(a) omit “and (9)(b),”;
(b) for “and 27” substitute “, 27 and 37A”.
18 (1) Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply) is amended as follows.
(2) In paragraph 2(a), after “section” insert “37A or”.
(3) In paragraph 2(d)—
(a) after “under” insert “section 3A(2) or”;
(b) for “3(5)” substitute “5A(2) or 8A(2)”.
19 In Part 1 of Schedule 2 (prosecution and punishment of offences), in the entry relating to section 27 of the Road Traffic Offenders Act 1988, for the words in column 2 (general nature of offence) substitute—
Failing to produce licence to court when required to do so.
PART 2 Amendments to other Acts
Road Traffic Act 1988 (c. 52)
20 The Road Traffic Act 1988 is amended as follows.
21 In section 93 (revocation of licence because of disability or prospective disability), omit subsection (4).
22 In section 99 (duration of licences), omit subsection (6).
23 (1) Section 164 (power of constables to require production of driving licence and in certain cases statement of date of birth) is amended as follows.
(2) After subsection (5), insert—
(5A) If a person is required to surrender the person’s licence or test certificate to the Secretary of State under—
(a) section 37A of the Road Traffic Offenders Act 1988, or
(b) section 3A of, or paragraph 5A or 8A of Schedule 1 to, the Road Traffic (New Drivers) Act 1995,
and fails to do so, a constable or vehicle examiner may require the person to produce the licence or test certificate and, upon its being produced, may seize it and deliver it to the Secretary of State.
(5B) In subsection (5A), “test certificate” has the same meaning as in Schedule 1 to the Road Traffic (New Drivers) Act 1995.
(3) In subsection (6), for “(7) to” substitute “(8) and”.
(4) Omit subsection (7).
24 In section 166 (powers of certain officers as respects goods vehicles and passenger-carrying vehicles), for “164(1) or (3)” substitute “164(1), (3) or (5A)”.
Crime (International Co-operation) Act 2003 (c. 32)
25 In section 63 of the Crime (International Co-operation) Act 2003 (production of licence: Great Britain), omit subsection (3).
PART 3 Consequential repeals of amending enactments
Road Traffic (New Drivers) Act 1995 (c. 13)
26 In Schedule 2 to the Road Traffic (New Drivers) Act 1995, omit paragraph 4 (which amends section 47 of the Road Traffic Offenders Act 1988).
Access to Justice Act 1999 (c. 22)
27 In Schedule 13 to the Access to Justice Act 1999, omit—
(a) paragraph 141 (which amends section 7 of the Road Traffic Offenders Act 1988);
(b) paragraph 144 (which amends section 27 of that Act);
(c) paragraph 173 (which amends paragraph 3 of Schedule 1 to the Road Traffic (New Drivers) Act 1995).
Police Reform Act 2002 (c. 30)
28 In section 76 of the Police Reform Act 2002, omit subsection (2) (which amends section 54 of the Road Traffic Offenders Act 1988).
Courts Act 2003 (c. 39)
29 In Schedule 8 to the Courts Act 2003, omit—
(a) paragraph 310 (which amends section 7 of the Road Traffic Offenders Act 1988);
(b) paragraph 313 (which amends section 27 of that Act);
(c) paragraph 365 (which amends paragraph 3 of Schedule 1 to the Road Traffic (New Drivers) Act 1995).
Road Safety Act 2006 (c. 49)
30 The Road Safety Act 2006 is amended as follows.
31 In section 10, omit—
(a) subsections (5) and (6) (which amend section 54 of the Road Traffic Offenders Act 1988);
(b) subsections (10) and (11) (which amend section 57A of that Act).
32 In Schedule 1, omit—
(a) paragraph 3(8) (which amends section 54 of the Road Traffic Offenders Act 1988);
(b) paragraph 4 (which amends section 56 of that Act);
(c) paragraph 18(5) (which amends section 79 of that Act);
(d) paragraph 25 (which amends section 2 of the Road Traffic (New Drivers) Act 1995);
(e) paragraph 26(3) and (4) (which amend section 3 of that Act);
(f) paragraph 27(2), (3), (4), (5)(a) and (b), (6), (7), (8)(a) and (b), (9) and (10) (which amend Schedule 1 to that Act).
33 In Schedule 2, omit paragraph 25(2)(b) (which amends section 76 of the Road Traffic Offenders Act 1988).
34 In Schedule 3, omit—
(a) paragraph 5(3) and (4) (which amend section 93 of the Road Traffic Act 1988);
(b) paragraph 9(5) (which amends section 99 of that Act);
(c) paragraph 26(6) (which amends section 164 of that Act);
(d) paragraph 32(3) and (4) (which amend section 26 of the Road Traffic Offenders Act 1988);
(e) paragraph 33(5) (which amends section 27 of that Act);
(f) paragraph 44(3) (which amends section 47 of that Act);
(g) paragraph 46 (which amends section 56 of that Act);
(h) paragraph 49(3) (which amends section 61A of that Act);
(i) paragraph 54 (which amends section 77A of that Act);
(j) paragraph 67(2), (3)(a) and (b) and (4) (which amend section 2 of the Road Traffic (New Drivers) Act 1995);
(k) paragraph 68 (which amends section 3 of that Act);
(l) paragraph 70 (which amends Schedule 1 to that Act).
Criminal Justice and Courts Act 2015 (c. 2)
35 In Schedule 11 to the Criminal Justice and Courts Act 2015, omit—
(a) paragraph 9 (which amends section 7 of the Road Traffic Offenders Act 1988);
(b) paragraph 11 (which amends section 27 of that Act).
SCHEDULE 12 Minimum sentences for particular offences: consequential amendments
Section 124
Mental Health Act 1983 (c. 20)
1 In section 37 of the Mental Health Act 1983 (power to order hospital admission or guardianship), in subsection (1B)(d), for “312(2), 313(2), 314(2) or 315(2)” substitute “312(2A), 313(2A), 314(2A) or 315(2A)”.
Armed Forces Act 2006 (c. 52)
2 The Armed Forces Act 2006 is amended as follows.
3 In section 225(2) (third drug trafficking offence)—
(a) for “section 313(2)” substitute “section 313(2A)”,
(b) for “particular circumstances” substitute “exceptional circumstances”, and
(c) for paragraph (b) substitute—
(b) justify not doing so.
4 In section 226(2) (third domestic burglary)—
(a) for “section 314(2)” substitute “section 314(2A)”,
(b) for “particular circumstances” substitute “exceptional circumstances”, and
(c) for paragraph (b) substitute—
(b) justify not doing so.
5 (1) Section 227A (offences of threatening with a weapon in public or on school premises) is amended as follows.
(2) In subsection (1A)—
(a) for “particular circumstances” substitute “exceptional circumstances”, and
(b) for paragraph (b) substitute—
(b) justify not doing so.
(3) Sub-paragraph (2) has effect only if this Schedule comes into force before the coming into force of paragraph 16(a) of Schedule 26 to the Sentencing Act 2020 (which omits subsection (1A) of section 227A of the Armed Forces Act 2006).
(4) In subsection (2)—
(a) for “particular circumstances” substitute “exceptional circumstances”, and
(b) for paragraph (b) substitute—
(b) justify not doing so.
6 In section 237 (duty to have regard to purposes of sentencing etc), in subsection (3)—
(a) in paragraph (bc), for “section 313(2)” substitute “section 313(2A)”, and
(b) in paragraph (bd), for “section 314(2)” substitute “section 314(2A)”.
7 (1) Section 239 (reduction in sentences for guilty pleas) is amended as follows.
(2) In subsection (4), for “section 313(2) or 314(2)” substitute “section 313(2A) or 314(2A)”.
(3) In subsection (5), for “section 313(2) or 314(2)”, in both places it occurs, substitute “section 313(2A) or 314(2A)”.
8 In section 260 (discretionary custodial sentences: general restrictions), in subsection (1)—
(a) in paragraph (e), for “section 313(2)” substitute “section 313(2A)”, and
(b) in paragraph (f), for “section 314(2)” substitute “section 314(2A)”.
9 In section 273 (review of unduly lenient sentence by Court Martial Appeal Court), in subsection (6)(b)—
(a) in sub-paragraph (iv), for “section 313(2)” substitute “section 313(2A)”, and
(b) in sub-paragraph (v), for “section 314(2)” substitute “section 314(2A)”.
SCHEDULE 13 Removal of attendance centre requirements for adults: related amendments
Section 152
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
1 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
2 (1) Section 60 (attendance centre orders) is amended as follows (but see sub-paragraph (4)).
(2) In subsection (1)—
(a) in paragraph (b), for “21” substitute “18”;
(b) omit paragraph (c) and the word “or” before it.
(3) In subsection (4)(b), for the words from “16 or over” to the end, substitute “16 or 17”.
(4) Sub-paragraphs (1) to (3) have no effect if paragraph 102 of Schedule 32 to the Criminal Justice Act 2003 (which confines the effect of section 60 to persons aged under 16) is in force when this paragraph comes into force.
3 In Schedule 5 (further provision about attendance centre orders), in paragraph 7(1), omit “or (c)”.
Criminal Justice Act 2003 (c. 44)
4 The Criminal Justice Act 2003 (the “2003 Act”) is amended as follows.
5 (1) Section 221 (provision of attendance centres) is amended as follows.
(2) In subsection (2), omit “aged under 25”.
(3) After subsection (3) insert—
(4) In this section “relevant order” means—
(a) an order under section 177(1) (community order) or 189(1) (suspended sentence order);
(b) a relevant order within the meaning given by section 397 of the Sentencing Code, made in respect of an offence of which the offender was convicted before the day on which paragraph 5 of Schedule 13 to the Police, Crime, Sentencing and Courts Act 2022 came into force.
6 (1) In section 300(2) (power to impose attendance centre requirement on fine defaulter)—
(a) if the relevant amendment is not in force when this paragraph comes into force, in paragraph (c) for “under 25” substitute “under 18”;
(b) if the relevant amendment is in force when this paragraph comes into force, omit paragraph (c) and the word “or” before it.
(2) In sub-paragraph (1) the “relevant amendment” means paragraph 2(3)(a)(i) of Schedule 26 to the Criminal Justice and Immigration Act 2008 (which confines the application of section 300(2) of the 2003 Act to those over 18).
7 If paragraph 102 of Schedule 32 is not in force when this paragraph comes into force, in sub-paragraph (2)(b) of that paragraph 102 (amendment of section 61(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000), for “21” substitute “18”.
Sentencing Code
8 The Sentencing Code is amended as follows.
9 (1) Schedule 11 (transfer of community orders to Scotland or Northern Ireland) is amended as follows.
(2) In paragraph 12(2)—
(a) at the end of paragraph (g) insert “, where such a requirement is available (see section 207(3))”;
(b) at the end of paragraph (h) insert “, where such a requirement is available (see section 207(4))”.
(3) In paragraph 25(3), omit paragraph (b) (but not the “or” at the end of that paragraph).
10 (1) Schedule 17 (transfer of suspended sentence orders to Scotland or Northern Ireland) is amended as follows.
(2) In paragraph 9(2)—
(a) at the end of paragraph (g) insert “, where such a requirement is available (see section 291(3))”;
(b) at the end of paragraph (h) insert “, where such a requirement is available (see section 291(4))”.
(3) In paragraph 32—
(a) in sub-paragraph (2), omit paragraph (b) (but not the “or” at the end of that paragraph);
(b) in sub-paragraph (5)—
(i) at the end of paragraph (g) insert “, where such a requirement is available (see section 291(3))”;
(ii) at the end of paragraph (h) insert “, where such a requirement is available (see section 291(4))”.
SCHEDULE 14 Community and suspended sentence orders: special procedures relating to review and breach
Section 153
PART 1 Amendments to the Sentencing Code
Introductory
1 The Sentencing Code is amended as specified in this Part of this Schedule.
Orders that qualify for special procedures
2 After section 395 insert—
Community and suspended sentence orders qualifying for special procedures
395A (1) A community order or suspended sentence order qualifies for special procedures for the purposes of a relevant provision if the order—
(a) is of a description specified in regulations for the purposes of that provision, and
(b) is made within a period, or after a time, so specified.
(2) In subsection (1) “relevant provision” means—
(a) section 217A;
(b) section 293A;
(c) paragraphs 10(5)(ba) and 11(2)(ba) of Schedule 10;
(d) paragraph 13(1)(da) of Schedule 16.
(3) A description specified under subsection (1)(a) may, among other things, be framed by reference to—
(a) the courts by which the orders are made (for example, courts sitting in particular places or areas);
(b) the persons who are subject to the orders (for example, persons of a particular sex);
(c) the offences to which the orders relate.
(4) Where regulations under subsection (1)(a) specify a description of community or suspended sentence order for the first time, they must under subsection (1)(b) specify, in relation to that description of order, a period of 18 months beginning with the day on which the regulations come into force.
(5) Regulations under this section are to be made by the Secretary of State.
(6) Regulations under this section are subject to—
(a) the negative resolution procedure, where under subsection (1)(b) the regulations specify a period, and
(b) the affirmative resolution procedure, in any other case.
Review of community orders
3 (1) Section 211 (power of Crown Court to direct magistrates’ court supervision) is amended as follows.
(2) The existing provision becomes subsection (1).
(3) After that subsection insert—
(2) Subsection (1) does not apply to a community order that qualifies for special procedures for the purposes of section 217A.
4 In section 217 (power to provide for court review of community orders), after subsection (2) insert—
(2A) Regulations under this section may not make provision in respect of community orders which for the purposes of section 217A qualify for special procedures.
5 After section 217 insert—
Review of community order qualifying for special procedures
217A (1) A community order that—
(a) imposes one or more community order requirements, and
(b) qualifies for special procedures for the purposes of this section,
may make provision for the order to be reviewed periodically (“provision for review”).
(2) Where a community order contains provision for review under this section, it must—
(a) specify the intervals at which the order is to be reviewed,
(b) provide for each review to be made, subject to section 217B, at a hearing held for the purpose by the responsible court (a “review hearing”),
(c) require the offender to attend each review hearing, and
(d) provide for a report by an officer of a provider of probation services on the offender’s progress in complying with the community order requirements of the order (a “progress report”) to be made to the responsible court before each review.
(3) In this section “the responsible court”, in relation to a community order, means the court by which the order is made.
(4) For more about community orders that qualify for special procedures, see section 395A.
Powers on review
217B (1) This section applies where a review hearing is held on a review of a community order by virtue of section 217A.
(2) The court may, after considering the progress report, amend—
(a) the community order requirements of the order, or
(b) any provision of the order which relates to those requirements.
(3) But the court—
(a) may not amend the community order requirements of the order so as to impose a requirement of a different kind unless the offender expresses willingness to comply with that requirement,
(b) may not amend—
(i) a mental health treatment requirement,
(ii) a drug rehabilitation requirement, or
(iii) an alcohol treatment requirement,
unless the offender expresses willingness to comply with the requirement as amended, and
(c) except with the consent of the offender, may not amend the order while an appeal against the order is pending.
(4) For the purposes of subsection (3)(a)—
(a) a community order requirement of a kind within any entry in the table in section 201 is of the same kind as any other community requirement within that entry, and
(b) an electronic compliance monitoring requirement is a requirement of the same kind as any requirement within that table to which it relates.
(5) If the court is of the opinion that the offender has without reasonable excuse breached a community order requirement of the order, the court may adjourn the hearing so that the court can deal with the case forthwith under paragraph 10 or 11 of Schedule 10 (powers of court to deal with offender on breach of requirement).
(6) For some powers available where the court is of the opinion referred to in subsection (5) but does not deal with the case forthwith, see paragraph 9A of Schedule 10.
(7) In this section—
“review hearing”, and
“progress report”,
have the same meanings as in section 217A.
Alteration of review arrangements
217C (1) Subsections (2) and (3) apply where a court—
(a) considers the progress report relating to a review under section 217A (the “current review”), and
(b) forms the opinion that the offender’s progress in complying with the community order requirements of the community order is satisfactory.
(2) If the court forms that opinion before a review hearing is held at the current review—
(a) it may order that no review hearing is to be held at the current review, and
(b) it may amend the community order so as to provide for each subsequent review to be held without a review hearing.
(3) If a review hearing is held at the current review, the court may at the hearing amend the community order so as to provide for each subsequent review to be held without a review hearing.
(4) If at a review held without a review hearing the court—
(a) considers the progress report, and
(b) forms the opinion that the offender’s progress under the order is no longer satisfactory,
it may require the offender to attend a hearing of the court at a specified time and place.
(5) At a review hearing the court may amend the community order so as to vary the intervals specified under section 217A(2)(a).
(6) The functions of a court under this section that are exercisable in relation to a review without a hearing are to be exercised—
(a) where the court is the Crown Court, by a judge of the court, and
(b) where the court is a magistrates’ court, by a justice of the peace.
(7) In this section—
“review hearing”, and
“progress report”,
have the same meanings as in section 217A.
Review of suspended sentence orders
6 In section 293 (review of suspended sentence orders), at the end insert—
(7) Nothing in this section applies in relation to suspended sentence orders which qualify for special procedures for the purposes of section 293A.
7 After section 293 insert—
Review of suspended sentence order qualifying for special procedures
293A (1) A suspended sentence order that—
(a) imposes one or more community requirements, and
(b) qualifies for special procedures for the purposes of this section,
may make provision for the order to be reviewed periodically (“provision for review”).
(2) Where a suspended sentence order contains provision for review under this section, it must—
(a) specify the intervals at which the order is to be reviewed,
(b) provide for each review to be made, subject to section 294, at a hearing held for the purpose by the responsible court (a “review hearing”),
(c) require the offender to attend each review hearing, and
(d) provide for a report by an officer of a provider of probation services on the offender’s progress in complying with the community requirements of the order (a “progress report”) to be made to the responsible court before each review.
(3) In this section “the responsible court”, in relation to a suspended sentence order, means the court by which the order is made.
(4) For more about suspended sentence orders that qualify for special procedures, see section 395A.
8 (1) Section 294 (review hearings) is amended as follows.
(2) In subsection (1), after “293” insert “or 293A”.
(3) In subsection (5), after “the case” insert “forthwith”.
(4) After subsection (5) insert—
(5A) For some powers available where the court is of the opinion referred to in subsection (5) but does not deal with the case forthwith, see paragraph 9A of Schedule 16.
(5) In subsection (6), after “293(2)” insert “(or, as the case may be, section 293A(2))”.
9 (1) Section 295 (alteration of review arrangements) is amended as follows.
(2) In subsection (1), after “a review” insert “under section 293 or 293A”.
(3) In subsection (5), after “293(2)(a)” insert “or 293A(2)(a)”.
(4) In subsection (7), after “293(2)” insert “(or, as the case may be, section 293A(2))”.
10 (1) Section 297 (power to direct magistrates’ court supervision) is amended as follows.
(2) The existing provision becomes subsection (1).
(3) After that subsection insert—
(2) Subsection (1) does not apply to a suspended sentence order that qualifies for special procedures for the purposes of section 293A.
Review of drug rehabilitation requirements
11 In Schedule 9 (community orders and suspended sentence orders: community requirements), in paragraph 21 (review of drug rehabilitation requirements), at the end insert—
(7) Nothing in this paragraph or paragraph 22 applies in relation to—
(a) a community order that qualifies for special procedures for the purposes of section 217A, or
(b) a suspended sentence order that qualifies for special procedures for the purposes of section 293A.
Breach of community order: power to commit to custody
12 (1) Schedule 10 (breach etc of community order) is amended as follows.
(2) In paragraph 1 (interpretation), in the definition of “appropriate court” in sub-paragraph (1)—
(a) after paragraph (a) insert—
(aa) if the community order qualifies for special procedures for the purposes of section 217A, the court that made the order;
;
(b) in paragraph (b), after the second “order” insert “and does not fall within paragraph (aa)”.
(3) In paragraph 8 (issue of summons or warrant by justice of the peace), in sub-paragraph (3)—
(a) in paragraph (a), omit the final “or”;
(b) after paragraph (a) insert—
(aa) in the case of a community order that qualifies for special procedures for the purposes of section 217A, before the court that made the order, or
.
(4) After paragraph 9 insert—
Issue of summons or warrant after review hearing
9A (1) This paragraph applies where—
(a) a community order is in force,
(b) on a review hearing under section 217B a magistrates’ court or the Crown Court (“the court”) is of the opinion that the offender has without reasonable excuse breached a community order requirement of the order, and
(c) the court does not deal with the case forthwith by virtue of section 217B(5).
(2) The court may at any time—
(a) issue a summons requiring the offender to appear at the place and time specified in it, or
(b) issue a warrant for the offender’s arrest.
(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court which issued it.
(4) Where—
(a) a summons is issued under this paragraph, and
(b) the offender does not appear in answer to the summons,
the court may issue a warrant for the arrest of the offender.
(5) In paragraph 10—
(a) in sub-paragraph (1), after “paragraph 8” insert “or 9A or by virtue of section 217B(5)”;
(b) in sub-paragraph (5), after paragraph (b) insert—
(ba) if the community order qualifies for special procedures for the purposes of this paragraph, by ordering the offender to be committed to prison for such period not exceeding 28 days as the court considers appropriate (but see also paragraph 13A);
.
(6) In paragraph 11—
(a) in sub-paragraph (1)(a)—
(i) after “paragraph 9” insert “or 9A”;
(ii) after “10(3)” insert “or section 217B(5)”;
(b) in sub-paragraph (2), after paragraph (b) insert—
(ba) if the community order qualifies for special procedures for the purposes of this paragraph, by ordering the offender to be committed to prison for such period not exceeding 28 days as the court considers appropriate (but see also paragraph 13A);
.
(7) After paragraph 13 insert—
Power under paragraphs 10 and 11 to commit to prison: further provision
13A (1) In the case of a person under the age of 21—
(a) an order under paragraph 10(5)(ba) or 11(2)(ba) must be for committal to a young offender institution instead of to prison, but
(b) the Secretary of State may from time to time direct that a person committed to a young offender institution by such an order is to be detained in a prison or remand centre instead.
(2) A person committed to prison or a young offender institution by an order under paragraph 10(5)(ba) or 11(2)(ba) is to be regarded as being in legal custody.
(3) No more than three orders under paragraph 10(5)(ba) or 11(2)(ba) may be made in relation to the same community order.
(8) In paragraph 14 (revocation etc of community order subject to magistrates’ court supervision), in sub-paragraph (2)—
(a) in paragraph (a), omit the final “and”;
(b) after paragraph (a) insert—
(aa) if the community order qualifies for special procedures for the purposes of section 217A, the court that made the order, and
.
Breach of suspended sentence order: power to commit to custody
13 (1) Schedule 16 (breach etc of suspended sentence order) is amended as follows.
(2) In paragraph 4—
(a) in sub-paragraph (1)(a), after “293(1)” insert “or 293A(1)”;
(b) in sub-paragraph (2)(a), after “293(4)” insert “or 293A(3)”.
(3) After paragraph 9 insert—
Issue of summons or warrant after review hearing in special procedure cases
9A (1) This paragraph applies where—
(a) a suspended sentence order is subject to review in accordance with section 293A(1),
(b) on a review hearing under section 294(5) a magistrates’ court or the Crown Court (“the court”) is of the opinion that the offender has without reasonable excuse breached a community requirement of the order, and
(c) the court does not deal with the case forthwith under section 294(5).
(2) The court may at any time—
(a) issue a summons requiring the offender to appear at the place and time specified in it, or
(b) issue a warrant for the offender’s arrest.
(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court which issued it.
(4) Where—
(a) a summons is issued under this paragraph, and
(b) the offender does not appear in answer to the summons,
the court may issue a warrant for the arrest of the offender.
(4) In paragraph 10, in sub-paragraph (1)(a)(i), after “8” insert “or 9A”.
(5) In paragraph 12, in sub-paragraph (2)(a)(i), after “9” insert “or 9A”.
(6) In paragraph 13, in sub-paragraph (1), after paragraph (d) insert—
(da) in a case where the suspended sentence order qualifies for special procedures for the purposes of this paragraph, the court is dealing with the case by virtue of paragraph 10 or 12(2) and the offender is aged 18 or over, the court may order the offender to be committed to prison for such period not exceeding 28 days as the court considers appropriate (but see also paragraph 13A);
.
(7) In paragraph 14 (duty to make activation order where not unjust), in sub-paragraph (2)—
(a) in paragraph (a), omit the final “and”;
(b) after paragraph (b) insert
, and
(c) in a case where the suspended sentence order qualifies for special procedures for the purposes of paragraph 13(1)(da), the court is dealing with the case by virtue of paragraph 10 or 12(2) and the offender is aged 18 or over, the possibility of making an order under paragraph 13(1)(da).
(8) After paragraph 16 insert—
Power under paragraph 13(1)(da) to commit to prison: further provision
16A (1) In the case of an offender under the age of 21—
(a) an order under paragraph 13(1)(da) must be for committal to a young offender institution instead of to prison, but
(b) the Secretary of State may from time to time direct that a person committed to a young offender institution by such an order is to be detained in a prison or remand centre instead.
(2) A person committed to prison or a young offender institution by an order under paragraph 13(1)(da) is to be regarded as being in legal custody.
(3) No more than three orders under paragraph 13(1)(da) may be made in relation to the same suspended sentence order.
PART 2 Prospective amendments
Prospective amendments relating to abolition of detention in a young offender institution
14 (1) Schedule 22 of the Sentencing Act 2020 (prospective amendments) is amended as follows.
(2) In paragraph 21 (powers to imprison for breach of community order)—
(a) in sub-paragraph (2)(a), in the inserted paragraph (d), after sub-paragraph (i) insert—
(ia) the order does not qualify for special procedures for the purposes of paragraph (ba);
;
(b) in sub-paragraph (3)(a), in the inserted paragraph (d), before sub-paragraph (i) insert—
(ai) the community order does not qualify for special procedures for the purposes of paragraph (ba),
.
(3) After paragraph 75 insert—
75A In paragraph 13A of Schedule 10 (detention following breach of community order)—
(a) omit sub-paragraph (1);
(b) in sub-paragraph (2), omit “or a young offender institution”.
(4) After paragraph 78 insert—
78A In paragraph 16A of Schedule 16 (detention following breach of suspended sentence order)—
(a) omit sub-paragraph (1);
(b) in sub-paragraph (2), omit “or a young offender institution”.
SCHEDULE 15 Community and suspended sentence orders: drug testing requirement
Section 154
1 The Sentencing Code is amended as follows.
2 In section 201 (community order: community order requirements table), after the entry in the table relating to the drug rehabilitation requirement, insert—
drug testing requirement | Part 10A | section 207(3A)
.
3 In section 207 (community order: availability of particular requirements), after subsection (3) insert—
Drug testing requirement
(3A) A drug testing requirement is not an available requirement if the offender was convicted of the offence before the day on which section 154 of the Police, Crime, Sentencing and Courts Act 2022 came into force.
4 In section 287 (suspended sentence order: community requirements table), after the entry in the table relating to the drug rehabilitation requirement, insert—
drug testing requirement | Part 10A | section 291(3A)
.
5 In section 291 (suspended sentence order: availability of particular requirements), after subsection (3) insert—
Drug testing requirement
(3A) A drug testing requirement is not an available requirement if the offender was convicted of the offence before the day on which section 154 of the Police, Crime, Sentencing and Courts Act 2022 came into force.
6 In Schedule 9 (community orders and suspended sentence orders: requirements), after Part 10 insert—
PART 10A Drug testing requirement
Requirement
22A (1) In this Code, “drug testing requirement”, in relation to a relevant order, means a requirement that during a period specified in the order, the offender must, for the purpose of ascertaining whether there is any drug or psychoactive substance in the offender’s body during that period, provide samples in accordance with directions given by the responsible officer.
(2) The order—
(a) must provide that if the offender provides samples to a person other than the responsible officer, the results of the tests carried out on the samples are to be communicated to the responsible officer;
(b) may make provision about the provision of samples by virtue of sub-paragraph (1).
(3) The power of the responsible officer to give directions by virtue of sub-paragraph (1) about the provision of samples—
(a) is a power to give directions as to—
(i) the type of samples to be provided, and
(ii) the times at which, or circumstances in which, they are to be provided,
(b) is subject to any provision made by the order, and
(c) is to be exercised in accordance with guidance issued by the Secretary of State.
(4) The Secretary of State may revise any guidance issued under sub-paragraph (3)(c).
(5) In this paragraph and paragraph 22B—
“drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971;
“psychoactive substance” has the meaning given by section 2(1) of the Psychoactive Substances Act 2016.
Restrictions on imposing drug testing requirement
22B (1) A court may not impose a drug testing requirement unless the following conditions are met—
(a) the misuse condition, and
(b) the availability of arrangements condition.
(2) The misuse condition is that the court is satisfied that the offender’s misuse of a drug or psychoactive substance—
(a) caused or contributed to the offence to which the order relates or an associated offence, or
(b) is likely to cause or contribute to the commission of further offences by the offender.
(3) The availability of arrangements condition is that the court has been notified by the Secretary of State that arrangements for implementing drug testing requirements are available in the offender’s home local justice area (and the notice has not been withdrawn).
SCHEDULE 16 Detention and training orders: time to count as served
Section 160
PART 1 Detention and training orders made under Sentencing Code
Criminal Justice Act 2003 (c. 44)
1 The Criminal Justice Act 2003 is amended as follows.
2 (1) Section 240ZA (time remanded in custody to count as time served: terms of imprisonment and detention) is amended as follows.
(2) In the heading, for “and detention” substitute “or detention and detention and training orders”.
(3) After subsection (1) insert—
(1A) This section also applies where—
(a) a court, on or after the day on which Schedule 16 to the Police, Crime, Sentencing and Courts Act 2022 came into force, makes a detention and training order in respect of an offender for an offence, and
(b) the offender concerned has been remanded in custody in connection with the offence or a related offence.
(1B) In this section any reference to a “sentence”, in relation to an offender, is to—
(a) a term of imprisonment being served by the offender as mentioned in subsection (1)(a), or
(b) a detention and training order made in respect of the offender as mentioned in subsection (1A)(a).
(4) In subsection (2), for “that purpose” substitute “the purposes of subsection (1)(b) or (1A)(b)”.
(5) For subsection (9) substitute—
(8A) Subsection (9) applies in relation to an offender who is sentenced to two or more consecutive sentences or sentences which are wholly or partly concurrent if—
(a) the sentences were imposed on the same occasion, or
(b) where they were imposed on different occasions, the offender has not been released during the period beginning with the first and ending with the last of those occasions.
(9) For the purposes of subsections (3) and (5), the sentences are to be treated as a single sentence.
3 (1) Section 240A (time remanded on bail to count towards time served: terms of imprisonment and detention) is amended as follows.
(2) In the heading, for “and detention” substitute “or detention and detention and training orders”.
(3) After subsection (3ZA) insert—
(3ZAA) Subsection (3ZB) also applies where—
(a) a court, on or after the day on which Schedule 16 to the Police, Crime, Sentencing and Courts Act 2022 came into force, makes a detention and training order in respect of an offender for an offence, and
(b) the court has made a declaration under section 325 of the Sentencing Code specifying a credit period in relation to the order.
(3ZAB) In this section any reference to a “sentence”, in relation to an offender, is to—
(a) a term of imprisonment being served by the offender as mentioned in subsection (3ZA)(a), or
(b) a detention and training order made in respect of the offender as mentioned in subsection (3ZAA)(a).
(4) In subsection (9)(b), omit the words from “and, in paragraph (b)” to the end.
4 In section 242 (interpretation), at the end insert—
(3) In sections 240ZA and 240A, “detention and training order” has the meaning given by section 233 of the Sentencing Code.
Sentencing Act 2020 (c. 17)
5 The Sentencing Act 2020 is amended as follows.
6 Omit sections 239 and 240 (effect on term of detention and training order of period on remand etc).
7 In section 244 (offender subject concurrently to detention and training order and sentence of detention in a young offender institution), in subsection (2)(c), at the beginning insert “with the exception of sections 240ZA and 240A,”.
8 In section 245 (offender subject concurrently to detention and training order and other sentence of detention), in subsection (2)(c), at the beginning insert “with the exception of sections 240ZA and 240A,”.
9 In section 325 (time on bail under certain conditions: declaration by court), in subsection (5)—
(a) omit the “or” at the end of paragraph (b);
(b) at the end of paragraph (c) insert
, or
(d) makes a detention and training order.
10 In section 327 (period in custody awaiting extradition: declaration by court), in subsection (2)—
(a) omit the “or” at the end of paragraph (b);
(b) at the end of paragraph (c) insert
, or
(d) a detention and training order.
11 In Schedule 27 (transitional provision), omit paragraph 14 (and the italic heading above it).
Other enactments
12 In Schedule 2 to the Criminal Appeal Act 1968 (procedural and other provisions applicable on order for retrial), in paragraph 2(4), for “and detention” substitute “or detention and detention and training orders”.
13 In Schedule 7 to the International Criminal Court Act 2001 (domestic provisions not applicable to ICC prisoners), in paragraph 2(1)(d), for “and detention” substitute “or detention and detention and training orders”.
PART 2 Detention and training orders made under Armed Forces Act 2006
14 The Armed Forces Act 2006 is amended as follows.
15 In section 213 (application of provisions relating to civilian detention and training orders)—
(a) in subsection (2)(a), for “sections 237 to 240” substitute “sections 237 and 238”;
(b) omit subsection (3).
16 After section 213 insert—
Period in service custody: effect on term of detention and training order
213A (1) Subsection (2) applies where—
(a) the Court Martial or the Service Civilian Court proposes to make an order under section 211 in respect of an offence, and
(b) the offender has been kept in service custody in connection with the offence or any other offence the charge for which was founded on the same facts or evidence.
(2) In determining the term of the order under section 211, the court must take account of the period for which the offender was kept in service custody.
(3) If the court proposes to make two or more orders under section 211 in respect of two or more offences—
(a) subsection (2) does not apply, but
(b) in determining the total term of those orders, the court must take account of the total period for which the offender has been kept in service custody in connection with—
(i) any of those offences, or
(ii) any other offence the charge for which was founded on the same facts or evidence.
(4) A period of service custody may be taken account of under this section only once.
Period of custody awaiting extradition: effect on term of detention and training order
213B (1) This section applies where—
(a) the Court Martial or the Service Civilian Court proposes to make an order under section 211 in respect of an offence,
(b) the offender was tried for the offence, or is to be sentenced—
(i) after having been extradited to the United Kingdom, and
(ii) without having first been restored or had an opportunity of leaving the United Kingdom, and
(c) the offender was kept in custody for any period while awaiting extradition to the United Kingdom.
(2) The court must—
(a) specify in open court the number of days for which the offender was kept in custody while awaiting extradition, and
(b) take account of those days in determining the term of the order.
Section 161
PART 1 Electronic monitoring: general requirements
1 In Part 17 of Schedule 6 to the Sentencing Code (electronic monitoring requirement) after paragraph 43 insert—
Electronic monitoring: general
43A Where a youth rehabilitation order made on or after the day on which paragraph 1 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force imposes an electronic monitoring requirement, the offender must (in particular)—
(a) submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to—
(i) being fitted with, or installation of, any necessary apparatus, and
(ii) 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, and
(c) take any steps required by the responsible officer, or the person responsible for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.
PART 2 Electronic whereabouts monitoring requirements
Criminal Justice and Immigration Act 2008 (c. 4)
2 (1) Section 39 of the Criminal Justice and Immigration Act 2008 (youth default orders) is amended as follows.
(2) In subsection (4)(a), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.
(3) In subsection (6)—
(a) in paragraph (a), after “198(3) to (5),” insert “198A,”,
(b) in paragraph (b), for “, 7 and 17” substitute “and 7”, and
(c) after that paragraph insert—
(ba) Part 17 of that Schedule (electronic monitoring requirements), so far as it applies to electronic compliance monitoring requirements,
.
Sentencing Code
3 The Sentencing Code is amended as follows.
4 (1) Section 174 (youth rehabilitation requirements table) is amended as follows.
(2) The existing text becomes subsection (1).
(3) In that subsection, in the table—
(a) in the entry relating to electronic monitoring requirements, for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”, and
(b) after that entry insert—
electronic whereabouts monitoring requirement | Part 17 | section 185(5)
.
(4) After that subsection insert—
(2) See section 198A for provision about an electronic monitoring requirement imposed by a youth rehabilitation order made in respect of an offence of which the offender was convicted before the day on which paragraph 4 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent (ignoring, for these purposes, the coming into force of Part 2 of that Schedule for the purposes of making regulations).
5 In section 175(1)(c) (meaning of youth rehabilitation order with intensive supervision and surveillance), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.
6 (1) Section 185 (youth rehabilitation order: availability of particular requirements) is amended as follows.
(2) In the italic heading before subsection (4), for “requirement” substitute “requirements”.
(3) In subsection (4), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.
(4) After subsection (4) insert—
(5) An electronic whereabouts monitoring requirement is not available for a youth rehabilitation order in respect of an offence unless the offender was convicted of the offence on or after the day on which paragraph 6 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent (ignoring, for these purposes, the coming into force of Part 2 of that Schedule for the purposes of making regulations).
7 In section 190 (provision of copies of youth rehabilitation order and related documents), in the table in subsection (3)—
(a) in the entry relating to an electronic monitoring requirement, in the first column, for “An electronic monitoring requirement” substitute “An electronic compliance monitoring requirement”, and
(b) after that entry insert—
An electronic whereabouts monitoring requirement | Any person who by virtue of paragraph 46 of Schedule 6 will be responsible for the electronic monitoring
Any person without whose consent the requirement could not be included in the order.
8 After section 198 insert—
Electronic monitoring requirement previously imposed
198A (1) This section applies where an electronic monitoring requirement was imposed by a youth rehabilitation order in respect of an offence of which the offender was convicted before the day on which paragraph 4 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent (ignoring, for these purposes, the coming into force of Part 2 of that Schedule for the purposes of making regulations).
(2) In this section “electronic monitoring requirement” has the meaning given by paragraph 41 of Schedule 6 as it had effect before the day mentioned in subsection (1).
(3) The electronic monitoring requirement is not affected by the renaming of electronic monitoring requirements as electronic compliance monitoring requirements by that Act.
(4) This Chapter applies in relation to the youth rehabilitation order as if any reference to an electronic compliance monitoring requirement were to an electronic monitoring requirement.
9 In section 395 (data from electronic monitoring: code of practice), after “electronic monitoring of offenders under” insert
—
(a) electronic compliance monitoring requirements and electronic whereabouts monitoring requirements imposed by youth rehabilitation orders, and
(b)
.
10 In paragraph 19(3) of Schedule 6 (requirements where court imposes curfew requirement), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.
11 In paragraph 21 of Schedule 6 (requirements where court imposes exclusion requirement), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.
12 (1) Part 17 of Schedule 6 (electronic monitoring) is amended as follows.
(2) In the Part heading, omit “requirement”.
(3) For the italic heading before paragraph 41 substitute “Electronic compliance monitoring requirement”.
(4) In paragraph 41, for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.
(5) In the italic heading before paragraph 42, at the end insert “: electronic compliance monitoring requirement”.
(6) In paragraph 42(1), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.
(7) In the italic heading before paragraph 43, at the end insert “: electronic compliance monitoring requirement”.
(8) In paragraph 43(1), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.
(9) In the italic heading before paragraph 43A (inserted by Part 1 of this Schedule), for “Electronic monitoring” substitute “Electronic compliance monitoring requirement”.
(10) In paragraph 43A(1), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.
(11) For the italic heading before paragraph 44 substitute “Restrictions on imposing electronic compliance monitoring requirement”.
(12) In paragraph 44—
(a) in sub-paragraph (1)(a), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”, and
(b) in sub-paragraph (2), in the opening words, for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.
(13) After paragraph 44 insert—
Electronic whereabouts monitoring requirement
45 In this Code “electronic whereabouts monitoring requirement”, in relation to a youth rehabilitation order, means a requirement to submit to electronic monitoring of the offender’s whereabouts (otherwise than for the purpose of monitoring the offender’s compliance with any other requirement included in the order) during a period specified in the order.
Person responsible for electronic monitoring: electronic whereabouts monitoring order
46 (1) A youth rehabilitation order which imposes an electronic whereabouts monitoring requirement must include provision for making a person responsible for the monitoring.
(2) The person who is made responsible for the monitoring must be of a description specified in regulations made by the Secretary of State.
Electronic whereabouts monitoring requirement: general
47 Where a youth rehabilitation order imposes an electronic whereabouts monitoring requirement, the offender must (in particular)—
(a) submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to—
(i) being fitted with, or installation of, any necessary apparatus, and
(ii) 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, and
(c) take any steps required by the responsible officer, or the person responsible for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.
Restrictions on imposing electronic whereabouts monitoring requirement
48 (1) Where—
(a) it is proposed to include an electronic whereabouts monitoring requirement in a youth rehabilitation order, but
(b) there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,
the requirement may not be included in the order without that person’s consent.
(2) A court may not include an electronic whereabouts monitoring requirement in a youth rehabilitation order in respect of an offender unless—
(a) the court has been notified by the Secretary of State that electronic monitoring arrangements are available in the local justice area proposed to be specified in the order (and the notice has not been withdrawn),
(b) the court is satisfied that—
(i) the offender can be fitted with any necessary apparatus under the arrangements currently available, and
(ii) any other necessary provision can be made under those arrangements, and
(c) the court is satisfied that arrangements are generally operational throughout England and Wales (even if not always operational everywhere there) under which the offender’s whereabouts can be electronically monitored.
13 (1) Schedule 7 (breach, revocation or amendment of youth rehabilitation order) is amended as follows.
(2) In paragraph 1(2)(b) (interpretation), for “electronic monitoring requirement” substitute “electronic compliance monitoring requirement”.
(3) In paragraph 27(6) (persons to whom copy of order amending or revoking youth rehabilitation order must be given)—
(a) in the entry relating to an electronic monitoring requirement, in the first column, for “An electronic monitoring requirement” substitute “An electronic compliance monitoring requirement”, and
(b) after that entry insert—
An electronic whereabouts monitoring requirement | Any person who by virtue of paragraph 46 of Schedule 6 will be responsible for the electronic monitoring
Any person without whose consent the requirement could not be included in the order.
14 (1) Schedule 8 (transfer of youth rehabilitation orders to Northern Ireland) is amended as follows.
(2) In paragraph 5(2) (meaning of “locally based requirement”)—
(a) in paragraph (i), for “an electronic monitoring requirement” substitute “an electronic compliance monitoring requirement”, and
(b) after that paragraph insert—
(j) an electronic whereabouts monitoring requirement.
(3) In paragraph 7 (further provisions where offender resides or will reside in Northern Ireland), in sub-paragraph (c)—
(a) in paragraph (vi), for “electronic monitoring” substitute “electronic compliance monitoring”;
(b) at the end insert—
(vii) paragraph 48(2) (availability of requirements for electronic whereabouts monitoring;
.
(4) In paragraph 11(4) (persons to whom copy of youth rehabilitation order or amending order must be given)—
(a) in the entry relating to an electronic monitoring requirement, in the first column, for “An electronic monitoring requirement” substitute “An electronic compliance monitoring requirement”, and
(b) after that entry insert—
An electronic whereabouts monitoring requirement | Any person who by virtue of paragraph 46 of Schedule 6 will be responsible for the electronic monitoring
Any person without whose consent the requirement could not be included in the order.
PART 3 Intensive supervision and surveillance
15 The Sentencing Code is amended as follows.
16 In section 175(1) (youth rehabilitation order with intensive supervision and surveillance)—
(a) omit the “and” at the end of paragraph (b), and
(b) at the end of paragraph (c) insert
, and
(d) in relation to an order made on or after the day on which paragraph 16 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent, an electronic whereabouts monitoring requirement, unless paragraph 48 of Schedule 6 prevents such a requirement from being imposed.
17 (1) Paragraph 2 of Schedule 6 (extended activity requirement) is amended as follows.
(2) In sub-paragraph (2), for “180” substitute “the relevant number”.
(3) After sub-paragraph (2) insert—
(2A) In sub-paragraph (2) “the relevant number” means—
(a) in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted before the day on which paragraph 17 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent, 180 days, and
(b) in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted on or after that day, 365 days.
PART 4 Curfew requirements and education requirements
Introductory
18 The Sentencing Act 2020 is amended as follows.
Curfew requirement
19 (1) Paragraph 18 of Schedule 6 (curfew requirement) is amended as follows.
(2) In sub-paragraph (4)—
(a) omit the “and” at the end of paragraph (a),
(b) in paragraph (b), for “16 hours” substitute “the relevant number of hours”, and
(c) at the end insert
, and
(c) not more than 112 hours in any period of 7 days beginning with the day of the week on which the requirement first takes effect.
(3) After sub-paragraph (4) insert—
(4A) In sub-paragraph (4)(b), “the relevant number of hours”—
(a) in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted before the day on which paragraph 19 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force, means 16 hours, and
(b) in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted on or after that day, means 20 hours.
20 In paragraph 9(1) of Schedule 23 (powers to amend limits in youth rehabilitation orders)—
(a) in the words before paragraph (a), for “either” substitute “any”, and
(b) in paragraph (b), for “18(4)” substitute “18(4) or (4A)”.
Education requirement
21 (1) Paragraph 39 of Schedule 6 (education requirement) is amended as follows.
(2) In sub-paragraph (4), for “by the time the offender ceases to be of compulsory school age” substitute “by the relevant time”.
(3) After sub-paragraph (4) insert—
(4A) In sub-paragraph (4) “the relevant time” in relation to a youth rehabilitation order made in respect of—
(a) an offence of which the offender was convicted before the day on which paragraph 21 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force, or
(b) an offender who, when the order was made, was not resident in England within the meaning of Part 1 of the Education and Skills Act 2008 (duty to participate in education or training after compulsory school age),
means the time the offender ceases to be of compulsory school age.
(4B) In sub-paragraph (4) “the relevant time” in relation to a youth rehabilitation order made in respect of—
(a) an offence of which the offender was convicted on or after the day on which paragraph 21 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force, and
(b) an offender who, when the order was made, was resident in England within the meaning of Part 1 of the Education and Skills Act 2008 (duty to participate in education or training after compulsory school age),
means the time at which the offender ceases to be a person to whom that Part applies or, if later, ceases to be of compulsory school age.
PART 5 The responsible officer
Criminal Justice and Immigration Act 2008 (c. 4)
22 (1) The Criminal Justice and Immigration Act 2008 is amended as follows.
(2) In section 4(1) (meaning of “the responsible officer”), omit paragraph (a).
(3) In section 5 (responsible officer and offender: duties in relation to the other), omit subsection (2).
Sentencing Code
23 (1) The Sentencing Code is amended as follows.
(2) In section 191 (the responsible officer)—
(a) in subsection (1), omit “(2),”;
(b) omit subsection (2).
(3) In section 192 (obligations of responsible officer), omit subsection (3).
SCHEDULE 18 Variation etc of order by court in another part of the United Kingdom
Section 183
PART 1 Variation etc of order made in England and Wales or Scotland by court in Northern Ireland
Amendments of the Sexual Offences Act 2003 (c. 42)
1 (1) Section 136ZC of the Sexual Offences Act 2003 (variation of sexual harm prevention order by court in Northern Ireland) is amended as follows.
(2) In the heading, after “Variation” insert “, renewal or discharge”.
(3) In subsection (2), in the words after paragraph (b), after “varying” insert “, renewing or discharging”.
(4) In subsection (4)—
(a) for “subsections (5) and (6)” substitute “subsections (4A) to (6B)”, and
(b) after “varying” insert “, renewing or discharging”.
(5) After subsection (4) insert—
(4A) In determining the application the court must have regard to—
(a) the time for which the defendant is likely to remain in Northern Ireland, and
(b) whether—
(i) in the case of a sexual harm prevention order made by a court in England and Wales, the defendant is likely to return to, or to visit, England and Wales, or
(ii) in the case of a sexual harm prevention order made by a court in Scotland, the defendant is likely to return to, or to visit, Scotland.
(6) In subsection (5), in the words before paragraph (a)—
(a) after “An order may be” insert “renewed, or”, and
(b) for “only” substitute “, only”.
(7) In subsection (6), in the words before paragraph (a), after “An order as” insert “renewed or”.
(8) After subsection (6) insert—
(6A) The court must not discharge a sexual harm prevention order made by a court in England and Wales before the end of 5 years beginning with the day on which the order was made without the consent of the defendant and the Chief Constable.
(6B) The court must not discharge a sexual harm prevention order made by a court in Scotland, or vary such an order so as to remove a prohibition or requirement, unless the order or, as the case may be, the prohibition or requirement is no longer necessary for the purpose of—
(a) protecting the public, or any particular members of the public, from sexual harm from the defendant, or
(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
(9) In subsection (9)—
(a) in the definition of “the appropriate court”, for paragraphs (a) and (b) substitute—
where the sexual harm prevention order was made—
in England and Wales, by the Crown Court, otherwise than on appeal from a magistrates’ court, or by the Court of Appeal, or
in Scotland, by the High Court of Justiciary otherwise than on appeal,
the Crown Court (in Northern Ireland);
where the defendant is aged 18 or over and the sexual harm prevention order was made—
in England and Wales, by a magistrates’ court or by the Crown Court on appeal from a magistrates’ court, or
in Scotland, by the High Court of Justiciary on appeal, by the Court of Session, by the Sheriff Appeal Court or by a sheriff,
any court of summary jurisdiction in Northern Ireland;
, and
(b) at the appropriate place insert—
“the defendant”, in relation to a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), means the person against whom the order has effect;
;
“sexual harm prevention order” includes a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
2 (1) Section 136ZD of the Sexual Offences Act 2003 (variation of sexual risk order by court in Northern Ireland) is amended as follows.
(2) In the heading, after “Variation” insert “, renewal or discharge”.
(3) In subsection (2), in the words after paragraph (b), after “varying” insert “, renewing or discharging”.
(4) In subsection (3)—
(a) for “subsections (4) and (5)” substitute “subsections (3A) to (5B)”, and
(b) after “varying” insert “, renewing or discharging”.
(5) After subsection (3) insert—
(3A) In determining the application the court must have regard to—
(a) the time for which the defendant is likely to remain in Northern Ireland, and
(b) whether—
(i) in the case of a sexual risk order made by a court in England and Wales, the defendant is likely to return to, or to visit, England and Wales, or
(ii) in the case of a sexual risk order made by a court in Scotland, the defendant is likely to return to, or to visit, Scotland.
(6) In subsection (4), in the words before paragraph (a)—
(a) after “An order may be” insert “renewed, or”, and
(b) for “only” substitute “, only”.
(7) In subsection (5), in the words before paragraph (a), after “An order as” insert “renewed or”.
(8) After subsection (5) insert—
(5A) The court must not discharge a sexual risk order made by a court in England and Wales before the end of 2 years beginning with the day on which the order was made without the consent of the defendant and the Chief Constable.
(5B) The court must not discharge a sexual risk order made by a court in Scotland, or vary such an order so as to remove a prohibition or requirement, unless the order or, as the case may be, the prohibition or requirement is no longer necessary for the purpose of—
(a) protecting the public, or any particular members of the public, from harm from the defendant, or
(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
(9) In subsection (8), at the appropriate place insert—
“the defendant”, in relation to a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), means the person against whom the order has effect;
;
“sexual risk order” includes a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
Amendments of the Sentencing Code
3 (1) Section 351 of the Sentencing Code (variation of sexual harm prevention order by court in Northern Ireland) is amended as follows.
(2) In the heading, after “Variation” insert “, renewal or discharge”.
(3) In subsection (2), in the words after paragraph (b), after “varying” insert “, renewing or discharging”.
(4) In subsection (5), in the words after paragraph (b)—
(a) after “varying” insert “, renewing or discharging”, and
(b) for “subsections (6) and (7)” substitute “subsections (5A) to (7A)”.
(5) After subsection (5) insert—
(5A) In determining the application the court must have regard to—
(a) the time for which the defendant is likely to remain in Northern Ireland, and
(b) whether the defendant is likely to return to, or to visit, England and Wales.
(6) In subsection (6), in the words before paragraph (a)—
(a) after “An order may be” insert “renewed, or”, and
(b) for “only” substitute “, only”.
(7) In subsection (7), in the words before paragraph (a), after “An order as” insert “renewed or”.
(8) After subsection (7) insert—
(7A) The court must not discharge an order before the end of the period of 5 years beginning with the day on which the order was made without the consent of the defendant and the Chief Constable of the Police Service of Northern Ireland.
PART 2 Variation of order by court in Scotland
Amendments of the Sexual Offences Act 2003 (c. 42)
4 After section 136ZD of the Sexual Offences Act 2003 insert—
Variation, renewal or discharge of sexual harm prevention order etc by court in Scotland
136ZE (1) This section applies where a relevant order has been made in respect of a person who now—
(a) is residing in Scotland, or
(b) is in or is intending to come to Scotland.
(2) In this section “relevant order” means—
(a) a sexual harm prevention order,
(b) a sexual offences prevention order, or
(c) a foreign travel order.
(3) An application may be made to the appropriate sheriff in Scotland—
(a) by the defendant, or
(b) by the chief constable,
for an order varying, renewing or discharging the relevant order.
(4) Subject to subsections (5) to (12), on the application the court, after hearing the person making the application and the other person mentioned in subsection (3) (if that person wishes to be heard), may make any order varying, renewing or discharging the relevant order that the appropriate sheriff considers appropriate.
(5) In determining the application the court must have regard to—
(a) the time for which the defendant is likely to remain in Scotland, and
(b) whether—
(i) in the case of a sexual harm prevention order, the defendant is likely to return to, or to visit, England and Wales, or
(ii) in the case of a sexual offences prevention order or foreign travel order, the defendant is likely to return to, or to visit, Northern Ireland.
(6) A sexual harm prevention order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of—
(a) protecting the public in Scotland, or any particular members of the public in Scotland, from sexual harm from the defendant, or
(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
(7) A sexual harm prevention order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of—
(a) protecting the public or any particular members of the public from sexual harm from the defendant, or
(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
(8) A sexual offences prevention order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of protecting the public in Scotland, or any particular members of the public in Scotland, from serious sexual harm from the defendant.
(9) A sexual offences prevention order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant.
(10) A foreign travel order may be renewed, or varied under this section so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom.
(11) A foreign travel order as renewed or varied under this section may contain only such prohibitions as are necessary for the purpose mentioned in subsection (10).
(12) The court must not discharge a sexual harm prevention order or a sexual offences prevention order before the end of 5 years beginning with the day on which the order was made without the consent of the defendant and the chief constable.
(13) The defendant may appeal against the making of an order under this section, or the refusal to make such an order, as if it were a decision constituting final judgment in civil proceedings within the meaning of the Courts Reform (Scotland) Act 2014 (asp 18).
(14) In this section—
“the appropriate sheriff” means—
in any case, a sheriff in whose sheriffdom the defendant resides, or
in a case where the application is made by the chief constable—
a sheriff in whose sheriffdom the defendant is believed by the chief constable to be, or
a sheriff to whose sheriffdom the defendant is believed by the chief constable to be intending to come;
“the chief constable” means the chief constable of the Police Service of Scotland;
“child” means a person under 18;
“serious sexual harm”, in relation to the renewal or variation of a sexual offences prevention order, means serious physical or psychological harm caused by the defendant committing one or more of the offences listed in Schedule 3;
“serious sexual harm”, in relation to the renewal or variation of a foreign travel order, means serious physical or psychological harm caused by the defendant doing, outside the United Kingdom, anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom;
“sexual harm” and “vulnerable adult”, in relation to the renewal or variation of a sexual harm prevention order, have the meanings given by section 103B(1).
Variation, renewal or discharge of sexual risk order etc by court in Scotland
136ZF (1) This section applies where a relevant order has been made in respect of a person who now—
(a) is residing in Scotland, or
(b) is in or is intending to come to Scotland.
(2) In this section “relevant order” means—
(a) a sexual risk order, or
(b) a risk of sexual harm order.
(3) An application may be made to the appropriate sheriff in Scotland—
(a) by the defendant, or
(b) by the chief constable,
for an order varying, renewing or discharging the relevant order.
(4) Subject to subsections (5) to (10), on the application the court, after hearing the person making the application and the other person mentioned in subsection (3) (if that person wishes to be heard), may make any order varying, renewing or discharging the relevant order that the appropriate sheriff considers appropriate.
(5) In determining the application the court must have regard to—
(a) the time for which the defendant is likely to remain in Scotland, and
(b) whether—
(i) in the case of a sexual risk order, the defendant is likely to return to, or to visit, England and Wales, or
(ii) in the case of a risk of sexual harm order, the defendant is likely to return to, or to visit, Northern Ireland.
(6) A sexual risk order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of—
(a) protecting the public in Scotland, or any particular members of the public in Scotland, from harm from the defendant, or
(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
(7) A sexual risk order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of—
(a) protecting the public or any particular members of the public from harm from the defendant, or
(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
(8) A risk of sexual harm order may be renewed, or varied under this section so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of protecting children generally or any child from physical or psychological harm from the defendant doing acts within section 123(3).
(9) A risk of sexual harm order as renewed or varied under this section may contain only such prohibitions as are necessary for the purpose mentioned in subsection (8).
(10) The court must not discharge a relevant order before the end of 2 years beginning with the day on which the order was made without the consent of the defendant and the chief constable.
(11) The defendant may appeal against the making of an order under this section, or the refusal to make such an order, as if it were a decision constituting final judgment in civil proceedings within the meaning of the Courts Reform (Scotland) Act 2014 (asp 18).
(12) In this section—
“the appropriate sheriff” means—
in any case, a sheriff in whose sheriffdom the defendant resides, or
in a case where the application is made by the chief constable—
a sheriff in whose sheriffdom the defendant is believed by the chief constable to be, or
a sheriff to whose sheriffdom the defendant is believed by the chief constable to be intending to come;
“the chief constable” means the chief constable of the Police Service of Scotland;
“child”—
in relation to the renewal or variation of a sexual risk order, means a person under 18;
in relation to the renewal or variation of a risk of sexual harm order, means a person under 16;
“harm” and “vulnerable adult”, in relation to the renewal or variation of a sexual risk order, have the meanings given by section 122B(1).
Amendments of the Sentencing Code
5 After section 351 of the Sentencing Code insert—
Variation, renewal or discharge of sexual harm prevention order by court in Scotland
351A (1) This section applies where a sexual harm prevention order has been made in respect of an offender who—
(a) is residing in Scotland, or
(b) is in or intends to come to Scotland.
(2) An application may be made to the appropriate sheriff in Scotland—
(a) by the offender, or
(b) by the chief constable,
for an order varying, renewing or discharging the sexual harm prevention order.
(3) Subsection (4) applies where an application under subsection (2) is made.
(4) After hearing—
(a) the person making the application, and
(b) the other person mentioned in subsection (2) (if that person wishes to be heard),
the sheriff may make any order varying, renewing or discharging the sexual harm prevention order that the sheriff considers appropriate.
This is subject to subsections (5) to (8).
(5) In determining the application the court must have regard to—
(a) the time for which the defendant is likely to remain in Scotland, and
(b) whether the defendant is likely to return to, or to visit, England and Wales.
(6) An order may be renewed, or varied so as to impose additional prohibitions or requirements on the offender, only if it is necessary to do so for the purpose of—
(a) protecting the public in Scotland, or any particular members of the public in Scotland, from sexual harm from the offender, or
(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.
(7) An order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of—
(a) protecting the public or any particular members of the public from sexual harm from the offender, or
(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.
(8) The court must not discharge an order before the end of the period of 5 years beginning with the day on which the order was made without the consent of the defendant and the chief constable.
(9) The offender may appeal against the making of an order under this section, or the refusal to make such an order, as if it were a decision constituting final judgment in civil proceedings within the meaning of the Courts Reform (Scotland) Act 2014 (asp 18).
(10) In this section—
“the appropriate sheriff” means—
in any case, a sheriff in whose sheriffdom the offender resides, or
in a case where the application is made by the chief constable—
a sheriff in whose sheriffdom the offender is believed by the chief constable to be, or
a sheriff to whose sheriffdom the offender is believed by the chief constable to be intending to come;
“the chief constable” means the chief constable of the Police Service of Scotland.
PART 3 Variation of order by court in England and Wales
6 After section 136ZF of the Sexual Offences Act 2003 (inserted by paragraph 4) insert—
Variation, renewal or discharge of sexual harm prevention order made in Scotland by court in England and Wales
136ZG (1) This section applies where a relevant Scottish order has been made in respect of a person (“the defendant”) who now—
(a) is residing in England and Wales, or
(b) is in or is intending to come to England and Wales.
(2) In this section “relevant Scottish order” means a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22).
(3) A person within subsection (4) may by complaint to the appropriate court apply for an order varying, renewing or discharging the relevant order.
(4) Those persons are—
(a) the defendant;
(b) the chief officer of police for the area in which the defendant resides;
(c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer’s police area.
(5) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (4)(b) or (c) must have regard to the list in considering—
(a) whether to apply for an order varying or renewing the relevant Scottish order for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and
(b) in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose.
(6) Subject to subsections (7) to (14), on an application under this section the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (4), may make any order varying, renewing or discharging the relevant Scottish order that the court considers appropriate.
(7) In determining the application the court must have regard to—
(a) the time for which the defendant is likely to remain in England and Wales, and
(b) whether the defendant is likely to return to, or to visit, Scotland.
(8) A relevant Scottish order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of—
(a) protecting the public in England and Wales, or any particular members of the public in England and Wales, from sexual harm from the defendant, or
(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
(9) A relevant Scottish order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of—
(a) protecting the public or any particular members of the public from sexual harm from the defendant, or
(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
(10) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering—
(a) whether any order varying or renewing the relevant Scottish order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and
(b) in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose.
(11) A relevant Scottish order may be renewed or varied under this section so as to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order.
(12) Section 103FA (electronic monitoring requirements) applies in relation to—
(a) the variation under this section of a relevant Scottish order to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order, or
(b) the renewal of an order to continue such a requirement,
as it applies in relation to the making of a sexual harm prevention order, subject to subsection (13).
(13) In its application to the variation or renewal of a relevant Scottish order, section 103FA has effect as if—
(a) the reference in subsection (4)(b) to a case where it is proposed to include in the order a requirement or provision mentioned in sub-paragraph (i) or (ii) included a case where the order already includes such a requirement or provision,
(b) the reference in subsection (4)(b) to the local justice area in which the place or area proposed to be specified is situated included the local justice area in which the place or area already specified is situated, and
(c) the reference in subsection (9) to section 103E were to this section.
(14) The court must not discharge a relevant Scottish order, or vary such an order so as to remove a prohibition or requirement, unless the order or, as the case may be, the prohibition or requirement is no longer necessary for the purpose of—
(a) protecting the public, or any particular members of the public, from sexual harm from the defendant, or
(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
(15) In this section—
“adult magistrates’ court” means a magistrates’ court that is not a youth court;
“the appropriate court” means—
where the defendant is aged 18 or over, an adult magistrates’ court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area;
where the defendant is under the age of 18, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer’s police area;
“child” means a person under 18;
“prohibition on foreign travel” includes a prohibition on foreign travel within the meaning of Chapter 3 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see sections 17 and 25 of that Act);
“sexual harm” and “vulnerable adult” have the same meanings as in Chapter 3 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see sections 10 and 25 of that Act).
Variation, renewal or discharge of sexual offences prevention order or foreign travel order by court in England and Wales
136ZH (1) This section applies where a relevant order has been made in respect of a person who now—
(a) is residing in England and Wales, or
(b) is in or is intending to come to England and Wales.
(2) In this section “relevant order” means—
(a) a sexual offences prevention order, or
(b) a foreign travel order.
(3) A person within subsection (4) may by complaint to the appropriate court apply for an order varying, renewing or discharging the relevant order.
(4) Those persons are—
(a) the defendant;
(b) the chief officer of police for the area in which the defendant resides;
(c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer’s police area.
(5) If—
(a) this section applies in relation to a person because that person is subject to a foreign travel order, and
(b) a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn,
a person mentioned in subsection (4)(b) or (c) must have regard to the list in considering whether to apply for an order varying or renewing the foreign travel order.
(6) Subject to subsections (7) to (16), on an application under this section the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (4), may make any order varying, renewing or discharging the relevant order that the court considers appropriate.
(7) In determining the application the court must have regard to—
(a) the time for which the defendant is likely to remain in England and Wales, and
(b) whether the defendant is likely to return to, or to visit, Northern Ireland.
(8) A sexual offences prevention order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of protecting the public in England and Wales, or any particular members of the public in England and Wales, from serious sexual harm from the defendant.
(9) A sexual offences prevention order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant.
(10) A sexual offences prevention order may be renewed or varied under this section so as to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order.
(11) Section 103FA (electronic monitoring requirements) applies in relation to—
(a) the variation under this section of a sexual offences prevention order to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order, or
(b) the renewal of an order to continue such a requirement,
as it applies in relation to the making of a sexual harm prevention order, subject to subsection (12).
(12) In its application to the variation or renewal of a sexual offences prevention order, section 103FA has effect as if—
(a) the reference in subsection (4)(b) to a case where it is proposed to include in the order a requirement or provision mentioned in sub-paragraph (i) or (ii) included a case where the order already includes such a requirement or provision,
(b) the reference in subsection (4)(b) to the local justice area in which the place or area proposed to be specified is situated included the local justice area in which the place or area already specified is situated, and
(c) the reference in subsection (9) to section 103E were to this section.
(13) The court must not discharge a sexual offences prevention order before the end of 5 years beginning with the day on which the order was made without the consent of the defendant and—
(a) where the application under this section is made by a chief officer of police, that chief officer, or
(b) in any other case, the chief officer of police for the area in which the defendant resides.
(14) A foreign travel order may be renewed, or varied under this section so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom.
(15) A foreign travel order as renewed or varied under this section may contain only such prohibitions as are necessary for the purpose mentioned in subsection (14).
(16) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering whether to renew or vary a foreign travel order under this section.
(17) In this section—
“adult magistrates’ court” means a magistrates’ court that is not a youth court;
“the appropriate court” means—
where the defendant is aged 18 or over, an adult magistrates’ court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area;
where the defendant is under the age of 18, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer’s police area;
“child” means a person under 18;
“serious sexual harm”—
in relation to the renewal or variation of a sexual offences prevention order, means serious physical or psychological harm caused by the defendant committing one or more of the offences listed in Schedule 3;
in relation to the renewal or variation of a foreign travel order, means serious physical or psychological harm caused by the defendant doing, outside the United Kingdom, anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom.
Variation, renewal or discharge of sexual risk order made in Scotland by court in England and Wales
136ZI (1) This section applies where a relevant Scottish order has been made in respect of a person (“the defendant”) who now—
(a) is residing in England and Wales, or
(b) is in or is intending to come to England and Wales.
(2) In this section “relevant Scottish order” means a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22).
(3) A person within subsection (4) may by complaint to the appropriate court apply for an order varying, renewing or discharging the relevant Scottish order.
(4) Those persons are—
(a) the defendant;
(b) the chief officer of police for the area in which the defendant resides;
(c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer‘s police area.
(5) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (4)(b) or (c) must have regard to the list in considering—
(a) whether to apply for an order varying or renewing the relevant Scottish order for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and
(b) in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose.
(6) Subject to subsections (7) to (14), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (4), may make any order varying, renewing or discharging the relevant Scottish order that the court considers appropriate.
(7) In determining the application the court must have regard to—
(a) the time for which the defendant is likely to remain in England and Wales, and
(b) whether the defendant is likely to return to, or to visit, Scotland.
(8) A relevant Scottish order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant, only if it is necessary to do so for the purpose of—
(a) protecting the public in England and Wales, or any particular members of the public in England and Wales, from harm from the defendant, or
(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
(9) A relevant Scottish order as renewed or varied under this section may contain only such prohibitions and requirements as are necessary for the purpose of—
(a) protecting the public or any particular members of the public from harm from the defendant, or
(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
(10) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering—
(a) whether any order varying or renewing the relevant Scottish order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and
(b) in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose.
(11) A relevant Scottish order may be renewed or varied under this section so as to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order.
(12) Section 122EA (electronic monitoring requirements) applies in relation to—
(a) the variation under this section of a relevant Scottish order to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions and requirements imposed by the order, or
(b) the renewal of an order to continue such a requirement,
as it applies in relation to the making of a sexual risk order, subject to subsection (13).
(13) In its application to the variation or renewal of a relevant Scottish order, section 122EA has effect as if—
(a) the reference in subsection (4)(b) to a case where it is proposed to include in the order a requirement or provision mentioned in sub-paragraph (i) or (ii) included a case where the order already includes such a requirement or provision,
(b) the reference in subsection (4)(b) to the local justice area in which the place or area proposed to be specified is situated included the local justice area in which the place or area already specified is situated, and
(c) the reference in subsection (9) to section 122D were to this section.
(14) The court must not discharge a relevant Scottish order, or vary such an order so as to remove a prohibition or requirement, unless the order or, as the case may be, the prohibition or requirement is no longer necessary for the purpose of—
(a) protecting the public, or any particular members of the public, from harm from the defendant, or
(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
(15) In this section—
“adult magistrates’ court” means a magistrates’ court that is not a youth court;
“the appropriate court” means—
where the defendant is aged 18 or over, an adult magistrates’ court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area;
where the defendant is under the age of 18, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer’s police area;
“child” means a person under 18;
“harm” and “vulnerable adult” have the same meanings as in Chapter 4 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see sections 26 and 36 of that Act);
“prohibition on foreign travel” includes a prohibition on foreign travel within the meaning of Chapter 4 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see sections 29 and 36 of that Act).
Variation, renewal or discharge of risk of sexual harm order by court in England and Wales
136ZJ (1) This section applies where a risk of sexual harm order has been made in respect of a person who now—
(a) is residing in England and Wales, or
(b) is in or is intending to come to England and Wales.
(2) A person within subsection (3) may by complaint to the appropriate court apply for an order varying, renewing or discharging the order.
(3) Those persons are—
(a) the defendant;
(b) the chief officer of police for the area in which the defendant resides;
(c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer’s police area.
(4) Subject to subsections (5) to (10), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (3), may make any order varying, renewing or discharging the risk of sexual harm order that the court considers appropriate.
(5) A risk of sexual harm order may be renewed, or varied under this section so as to impose—
(a) additional prohibitions on the defendant, or
(b) requirements of the kind mentioned in subsection (7) on the defendant,
only if it is necessary to do so for the purpose of protecting children generally or any child from physical or psychological harm, caused by the defendant doing acts within section 123(3).
(6) A risk of sexual harm order as renewed or varied under this section may contain only—
(a) such prohibitions as are necessary for the purpose mentioned in subsection (5), and
(b) such requirements of the kind mentioned in subsection (7) as are necessary for that purpose.
(7) A risk of sexual harm order may be renewed or varied under this section so as to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions imposed by the order.
(8) Section 122EA (electronic monitoring requirements) applies in relation to—
(a) the variation under this section of a risk of sexual harm order to require the defendant to submit to electronic monitoring of the defendant’s compliance with the prohibitions imposed by the order, or
(b) the renewal of an order to continue such a requirement,
as it applies in relation to the making of a sexual harm prevention order, subject to subsection (9).
(9) In its application to the variation or renewal of a risk of sexual harm order, section 122EA has effect as if—
(a) subsection (4)(b)(i) were omitted,
(b) the reference in subsection (4)(b) to a case where it is proposed to include in the order a provision mentioned in sub-paragraph (ii) included a case where the order already includes such a provision,
(c) the reference in subsection (4)(b) to the local justice area in which the place or area proposed to be specified is situated included the local justice area in which the place or area already specified is situated, and
(d) the reference in subsection (9) to section 122D were to this section.
(10) The court must not discharge a risk of sexual harm order before the end of 2 years beginning with the day on which the order was made without the consent of the defendant and—
(a) where the application under this section is made by a chief officer of police, that chief officer, or
(b) in any other case, the chief officer of police for the area in which the defendant resides.
(11) In this section—
“adult magistrates’ court” means a magistrates’ court that is not a youth court;
“the appropriate court” means—
where the defendant is aged 18 or over, an adult magistrates’ court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area;
where the defendant is under the age of 18, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer’s police area;
“child” means a person under 16.
SCHEDULE 19 Management of terrorist offenders: provision consequential on sections 184 to 187
Section 188
Police and Criminal Evidence Act 1984 (c. 60)
1 (1) The Police and Criminal Evidence Act 1984 is amended as follows.
(2) In section 51(b), after “section 41” insert “or 43B”.
(3) In section 65(1), in the definition of “the terrorism provisions”, for “section 41” substitute “sections 41 and 43B”.
(4) In section 118(2)(a), after “section 41” insert “or 43B”.
Criminal Justice and Police Act 2001 (c. 16)
2 (1) Schedule 1 to the Criminal Justice and Police Act 2001 is amended as follows.
(2) In Part 1, after paragraph 69B insert—
69C The power of seizure conferred by section 43E(2) of the Terrorism Act 2000 (seizure on the occasion of a search necessary for purposes connected with protecting members of the public from a risk of terrorism).
(3) In Part 2, after paragraph 82A insert—
82B The power of seizure conferred by section 43E(2) of the Terrorism Act 2000 (seizure on the occasion of a search necessary for purposes connected with protecting members of the public from a risk of terrorism).
Counter-Terrorism Act 2008 (c. 28)
3 In section 1(1) of the Counter-Terrorism Act 2008, after paragraph (bb) insert—
(bc) section 43C(1) of that Act (search of terrorist offender released on licence);
(bd) section 43C(5) of that Act (search of vehicle in connection with search of terrorist offender released on licence);
(be) section 43D of that Act (search of premises of offender released on licence for purposes connected with protection from risk of terrorism);
.
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
4 (1) The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as follows.
(2) In Article 2—
(a) in paragraph (2), in the definition of “the terrorism provisions”, for “section 41” substitute “sections 41 and 43B”;
(b) in paragraph (3)(a), after “section 41” insert “or 43B”.
(3) In Article 51(b), after “section 41” insert “or 43B”.
Criminal Justice (Scotland) Act 2016 (asp 1)
5 In section 59 of the Criminal Justice (Scotland) Act 2016—
(a) in the heading, for “terrorism offences” substitute “cases involving terrorism”;
(b) in subsection (1), after “41(1)” insert “or 43B(1)”.
SCHEDULE 20 Further provision about video and audio links in criminal proceedings
Section 200
Criminal Justice Act 2003
1 (1) The Criminal Justice Act 2003 is amended as follows.
(2) For section 52 substitute—
Further provision about the giving, variation and rescission of live-link directions
52 (1) The power conferred by section 51 includes power to give—
(a) a direction that is applicable to several, or all, of the persons taking part in particular eligible criminal proceedings;
(b) a direction that is applicable to a particular person in respect of only some aspects of particular eligible criminal proceedings (such as giving evidence or attending the proceedings when not giving evidence);
(c) a direction requiring or permitting a person who is outside England and Wales (whether in the United Kingdom or elsewhere) to take part in eligible criminal proceedings through a live audio link or a live video link.
(2) The court may vary or rescind a direction under section 51 at any time before or during the eligible criminal proceedings to which it relates (but this does not affect the court’s power to give a further direction under that section in relation to the proceedings).
(3) A direction under section 51 may not be rescinded unless—
(a) the court is satisfied that it is in the interests of justice for the direction to be rescinded,
(b) the parties to the proceedings have been given the opportunity to make representations, and
(c) if so required by subsection (9), the relevant youth offending team has been given the opportunity to make representations.
(4) In relation to the variation of a direction given under section 51—
(a) so far as the effect of the variation would be to allow a person to take part in eligible criminal proceedings through a live audio link or a live video link, or to alter (without removing) a person’s ability to do so, sections 51(4) and 53(1) to (3) apply as they apply to the giving of a direction;
(b) so far as the effect of the variation would be to remove a person’s ability to take part in eligible criminal proceedings through a live audio link or a live video link, subsection (3) applies as it applies to the rescission of a direction.
(5) Section 51(5) and (6) applies in relation to the variation or rescission of a direction given under section 51 as it applies to the giving of a direction under that section.
(6) A direction under section 51 may be given, varied or rescinded—
(a) on an application by a party to the proceedings, or
(b) of the court’s own motion.
But a party may not apply for a variation or rescission unless there has been a material change of circumstances since the direction was given or last varied.
(7) The court must state in open court its reasons for refusing an application for the giving, variation or rescission of a direction under section 51 and, if it is a magistrates’ court, must cause them to be entered in the register of its proceedings.
(8) If a hearing takes place in relation to the giving, variation or rescission of a direction under section 51, the court may require or permit a person to take part in that hearing through—
(a) a live audio link, or
(b) a live video link.
(9) The requirement referred to in section 51(4)(c) and subsection (3)(c) arises in a case where—
(a) the defendant is a party to the proceedings, and
(b) either—
(i) the defendant has not attained the age of 18 years, or
(ii) the defendant has attained the age of 18 years but the court is dealing with the case as if the defendant had not attained that age.
Further provision about the effect of live-link directions
52A (1) A person who takes part in eligible criminal proceedings in accordance with a direction under section 51 is to be treated as complying with any requirement (however imposed or expressed) for that person to attend or appear before court, or to surrender to the custody of the court, for the purposes of that participation in those proceedings.
(2) A person who takes part in eligible criminal proceedings in accordance with a direction under section 51 is to be treated as present in court for the purposes of those proceedings.
(3) If eligible criminal proceedings are conducted with one or more persons taking part in accordance with a direction under section 51, the proceedings are to be regarded as taking place—
(a) if at least one member of the court is taking part in the proceedings while in a courtroom, in that courtroom (or, if more than one courtroom falls within this paragraph, such of them as the court directs),
(b) if no member of the court, but at least one other person, is taking part in the proceedings while in a courtroom, in that courtroom (or, if more than one courtroom falls within this paragraph, such of them as the court directs), or
(c) if no person is taking part in the proceedings while in a courtroom, at such place as the court directs (being a place where the court could lawfully sit for the purposes of those proceedings).
(4) In subsection (3), “courtroom” includes any place where proceedings of the sort in question might ordinarily be held (if no person were taking part in the proceedings in accordance with a direction under section 51).
(5) A statement made on oath by a witness outside the United Kingdom and given in evidence through a live audio link or a live video link in accordance with a direction under section 51 is to be treated for the purposes of section 1 of the Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.
(3) In section 53—
(a) for the heading substitute “Further provision about live links in magistrates’ courts”;
(b) in subsection (1)—
(i) in the words before paragraph (a), for “This section applies” substitute “Subsections (2) and (3) apply”;
(ii) in paragraph (a), for “for evidence to be given through a live link in proceedings before the court” substitute “requiring or permitting a person to take part in proceedings before the court through a live audio link or a live video link”;
(iii) in paragraph (b), for “receiving such evidence” substitute “such participation”;
(c) after subsection (3) insert—
(4) The following functions of a magistrates’ court may be discharged by a single justice—
(a) giving a direction under section 51 or varying such a direction under section 52(2);
(b) rescinding under section 52(2) a direction given under section 51 before the eligible criminal proceedings concerned begin;
(c) requiring or permitting, under section 52(8), a person to take part by live audio link or live video link in a hearing about a matter within paragraph (a) or (b).
(4) In section 54(1), for “a live link” substitute “a live audio link or a live video link by a witness (including the defendant)”.
(5) In section 55—
(a) in subsection (2)—
(i) in paragraph (a), for “51 or 52” substitute “52(6)”;
(ii) in paragraph (b), for “live links” substitute “live audio links and live video links”;
(b) in subsection (3)—
(i) in paragraph (a), omit “uncontested”;
(ii) in paragraph (b), for “51” substitute “52(6)”;
(iii) in paragraph (c), for “51 or 52” substitute “52(6)”.
(6) In section 56—
(a) in subsection (1)—
(i) omit the definition of “legal representative”;
(ii) before the definition of “local justice area” insert—
“bail” includes remand to local authority accommodation in accordance with Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,
“defendant” includes the person accused or convicted of an offence and, in the case of an enforcement hearing, the person liable to pay the sum or financial penalty concerned,
“eligible criminal proceedings” has the meaning given in section 51(3),
“enforcement hearing” means a hearing relating to collection, discharge, satisfaction or enforcement of—
a sum that has been adjudged to be paid on conviction for an offence by a magistrates’ court or the Crown Court, or
a financial penalty that is enforceable in accordance with section 85(6) and (7) of the Criminal Justice and Immigration Act 2008 as if it were such a sum (including a hearing to determine whether a financial penalty is so enforceable),
“live audio link”, in relation to a person (P) taking part in proceedings, means a live telephone link or other arrangement which—
enables P to hear all other persons taking part in the proceedings who are not in the same location as P, and
enables all other persons taking part in the proceedings who are not in the same location as P to hear P,
“live video link”, in relation to a person (P) taking part in proceedings, means a live television link or other arrangement which—
enables P to see and hear all other persons taking part in the proceedings who are not in the same location as P, and
enables all other persons taking part in the proceedings who are not in the same location as P to see and hear P,
;
(iii) after the definition of “local justice area” insert—
“preliminary hearing” means a hearing in proceedings for an offence held before the start of the trial (within the meaning of subsection (11A) or (11B) of section 22 of the Prosecution of Offences Act 1985), including, in the case of proceedings in the Crown Court, a preparatory hearing held under—
section 7 of the Criminal Justice Act 1987 (cases of serious or complex fraud), or
section 29 of the Criminal Procedure and Investigations Act 1996 (other serious, complex or lengthy cases),
“relevant youth offending team” means the youth offending team (established under section 39 of the Crime and Disorder Act 1998) whose functions are exercisable in relation to the defendant concerned,
“sentencing hearing” means any hearing following conviction for an offence which is held for the purpose of—
proceedings (in a magistrates’ court) relating to committal to the Crown Court for sentencing,
sentencing the offender or determining how the court should deal with the offender in respect of the offence (including reviewing, amending or revoking such a sentence or determination), or
determining—
how the offender has complied with a sentence given in respect of the offence, or
how the offender should be dealt with in respect of compliance with such a sentence,
and here “sentence” includes any way in which a court has determined that the offender should be dealt with in respect of the offence,
;
(b) after subsection (1) insert—
(1A) In this Part, reference to taking part in proceedings means taking part in whatever capacity, including hearing the proceedings as a member of the court.
(1B) In the application of this Part in relation to a witness, a reference to taking part in proceedings includes attending those proceedings for a purpose preliminary or incidental to the giving of evidence.
;
(c) omit subsections (2) and (3);
(d) for subsection (4) substitute—
(4) The following matters are to be disregarded for the purposes of the definitions of “live audio link” and “live video link” in subsection (1)—
(a) the extent (if any) to which a person is unable to see or hear by reason of any impairment of eyesight or hearing;
(b) the effect of any direction or order which provides for one person taking part in proceedings to be prevented by means of a screen or other arrangement from seeing another person taking part in the proceedings.
Extradition Act 2003
2 (1) The Extradition Act 2003 is amended as follows.
(2) In section 206A—
(a) in the heading, omit “certain”;
(b) in subsection (1)—
(i) in paragraph (a), omit the words from “other” to “56,”;
(ii) in paragraph (b), omit the words from “, other” to the end;
(c) in subsection (2)—
(i) for the words from “the person” to “during the hearing,” substitute “it is in the interests of justice to do so,”;
(ii) omit “at any time before the hearing”;
(d) for subsection (3) substitute—
(3) A live link direction is a direction requiring a person to take part in the hearing (in whatever capacity) through a live link.
;
(e) omit subsection (5);
(f) for subsection (6) substitute—
(6) A person who takes part in the hearing through a live link is to be treated as present in court for the purposes of the hearing.
(3) In section 206C—
(a) omit subsections (4) and (5);
(b) in subsection (6)—
(i) in the opening words, for “, while absent from the place where the hearing is being held,” substitute “(P)”;
(ii) in paragraph (a), for the words from “the appropriate” to the end substitute “all other persons taking part in the hearing who are not in the same location as P, and”;
(iii) in paragraph (b), for the words from “the judge” to the end substitute “all other persons taking part in the hearing who are not in the same location as P.”;
(iv) omit the words after paragraph (b);
(c) after subsection (6) insert—
(7) For the purposes of subsection (6) the following matters are to be disregarded—
(a) the extent (if any) to which a person is unable to see or hear by reason of any impairment of eyesight or hearing;
(b) the effect of any direction or order which provides for one person taking part in a hearing to be prevented by means of a screen or other arrangement from seeing another person taking part in the hearing.
Consequential amendments of other enactments
3 (1) The Criminal Appeal Act 1968 is amended as follows.
(2) In section 22, omit subsections (4) to (6).
(3) In section 23, omit subsection (5).
(4) In section 31—
(a) in subsection (1), after paragraph (a) insert—
(aza) the powers under sections 51 and 52 of the Criminal Justice Act 2003 as they are exercisable in relation to appeals to the criminal division of the Court of Appeal and preliminary and incidental proceedings;
;
(b) in subsection (2), omit paragraph (ca).
(5) In section 31A—
(a) in the heading, omit “under Part 1”;
(b) in subsection (2), omit paragraph (aa);
(c) after subsection (2) insert—
(2A) The registrar may exercise the powers under sections 51 and 52 of the Criminal Justice Act 2003 as they are exercisable in relation to appeals to the criminal division of the Court of Appeal and preliminary and incidental proceedings.
;
(d) in subsection (4), after “subsection (2)” insert “or (2A)”.
4 (1) The Police and Criminal Evidence Act 1984 is amended as follows.
(2) In section 46ZA(3)—
(a) in paragraph (b)—
(i) for the words from “proceedings” to “person” substitute “the proceedings referred to in section 47(3)(b)(i)”;
(ii) for “that section” substitute “those proceedings”;
(b) in paragraph (d), for “such a direction” substitute “a direction of the sort referred to in section 47(3)(b)(ii)”.
(3) In section 46A(1ZA)(b), for the word from “proceedings” to the end substitute “the proceedings referred to in sub-paragraph (i) of that provision”.
(4) In section 47(3)(b), for sub-paragraphs (i) and (ii) substitute—
(i) proceedings held for the purposes of section 51 of the Criminal Justice Act 2003 (directions for live links in criminal proceedings) so far as that section applies to preliminary hearings (within the meaning of that section), and
(ii) any such hearing in relation to which a direction under that section is given requiring or permitting the person on bail to take part through a live audio link or a live video link (within the meaning of that section);
.
5 In section 32 of the Criminal Justice Act 1988—
(a) in the heading, at the end insert “when witness abroad: service courts”;
(b) before subsection (1) insert—
(A1) This section applies only so far as provided by an order under paragraph 8 of Schedule 13.
6 (1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows.
(2) In Part 2, in the heading of Chapter 1A, at the end insert “: service courts”.
(3) In section 33A (use of live links for evidence of the accused), in subsection (1), for the words from “any” to the end substitute “proceedings in a service court against a person for an offence, if and so far as provided by an order under section 61(1).”
7 (1) In section 29 of the Crime (International Co-operation) Act 2003—
(a) in the heading, for “television” substitute “video or audio”;
(b) in subsection (1), for the words from “section 32(1A)” to “apply” substitute “section 51 of the Criminal Justice Act 2003 (live links in criminal proceedings) to apply in relation to witnesses who are outside the United Kingdom”.
(2) The Evidence Through Television Links (England and Wales) Order 2013 (S.I. 2013/1598) is revoked.
8 In the Sentencing Code, omit section 391.
9 In section 26 of the Domestic Abuse Act 2021 (breach of domestic abuse protection notice), for subsection (8) substitute—
(8) The requirement in subsection (2) to bring a person before the court is satisfied if the person appears before the court through a live video link or live audio link (within the meaning given by section 56 of the Criminal Justice Act 2003).
SCHEDULE 21 Minor amendments in relation to the sentencing consolidation
Section 204
PART 1 Amendments to the Sentencing Act 2020
1 The Sentencing Act 2020 is amended as follows.
2 In section 108(4), for “Part” substitute “Chapter”.
3 In the table in section 122(1) (standard scale of fines for summary offences)—
(a) in the heading of the second column, for “1 October 1992” substitute “1 May 1984”;
(b) between the second and third columns, insert—
Offence committed on or after 1 May 1984 and before 1 October 1992
£50
£100
£400
£1,000
£2,000
4 In section 166(7), for “paragraph” substitute “entry”.
5 In section 293(2)(d), for “(“a progress report”) substitute “(a “progress report”)”.
6 In section 414(6), in each of paragraphs (a) and (b), for “by the Armed Forces Act 2006” substitute “by or under the Armed Forces Act 2006”.
7 (1) Schedule 5 is amended as follows.
(2) In paragraph 7(2)(b), after “before a youth court” insert “or, if the offender is aged 18 or over, a magistrates’ court other than a youth court.”
(3) In paragraph 9—
(a) in sub-paragraph (1), after “a youth court” insert “or other magistrates’ court”;
(b) in sub-paragraph (6), for “youth court” substitute “magistrates’ court”.
8 In Schedule 16, in paragraph 11(4)(b), for first “by” substitute “be”.
9 In Schedule 21, in paragraph 4(1)—
(a) omit the word “and” at the end of paragraph (b);
(b) at the end of paragraph (c) insert “and”.
10 (1) Schedule 22 is amended as follows.
(2) In paragraph 27—
(a) in sub-paragraph (1)(b), in the inserted paragraph (aa), after “Schedule 22” insert “to the Sentencing Act 2020”.
(b) in sub-paragraph (3), after “Schedule 22” insert “to the Sentencing Act 2020”.
(3) In paragraph 34, in the opening words, for “omit” substitute “in”.
(4) In paragraph 43—
(a) the words from “, in subsection (2)” to the end become sub-paragraph (a);
(b) after that sub-paragraph insert—
(b) in subsection (3), at the beginning insert “If the offender was aged 21 or over when convicted,
.
11 In Schedule 24, omit paragraph 154(f).
PART 2 Amendments to other enactments
Criminal Justice Act 2003 (c. 44)
12 In section 237(1B) of the Criminal Justice Act 2003, after paragraph (a) insert—
(aa) references to a sentence of detention under section 262 of the Sentencing Code include a sentence of detention in a young offender institution under section 210B of the Armed Forces Act 2006;
.
Counter-Terrorism and Sentencing Act 2021 (c. 11)
13 In Schedule 13 to the Counter-Terrorism and Sentencing Act 2021, omit paragraph 44.