179 Positive requirements and electronic monitoring requirements: service courts
In section 137(3) of the Sexual Offences Act 2003 (service courts: sexual harm prevention orders)—
(a) in paragraph (a)—
(i) after “103A(3)” insert “and (4)”, and
(ii) for the words from “and 103J” to “Sentencing Code” substitute “, 103FA(3)(a), (4) and (6) and 103J of this Act, and sections 348A(3)(a), (4) and (6) and 355 to 357 of the Sentencing Code”,
(b) in paragraph (b), in the words before sub-paragraph (i)—
(i) for “103A(1) and (2)” substitute “103A(1), (2) and (3A), and
(ii) for the words from “and 103G” to “Sentencing Code” substitute “, 103FA(1), (2), (3)(b) and (5) to (9), 103FB and 103G to 103I of this Act, and sections 343 to 348, 348A(1), (2), (3)(b) and (5) to (9), 348B to 354 and 358 of the Sentencing Code”,
(c) in paragraph (b)(i), after “paragraphs” insert “(ba), (bb)”,
(d) after paragraph (b) insert—
(ba) if section 103CA applies to the defendant at a time when the defendant is a person subject to service law or a civilian subject to service discipline, the reference in section 103CA(4)(c) (requirements included in order: report on compliance) to the appropriate chief officer of police is to be read as a reference to a Provost Marshal;
(bb) if section 347A applies to the defendant at a time when the defendant is a person subject to service law or a civilian subject to service discipline, the reference in section 347A(4)(c) of the Sentencing Code (requirements included in order: report on compliance) to the appropriate chief office of police is to be read as a reference to a Provost Marshal;
,
(e) in paragraph (c), for “Provost Martial”, in both places it occurs, substitute “Provost Marshal”, and
(f) in paragraph (c), after sub-paragraph (i) insert—
(ia) the reference in section 103E(2A) to a person mentioned in subsection (2)(b) to (d) is to be read as a reference to a Provost Marshal;
(ib) the reference in section 350(3A) of the Sentencing Code to a person mentioned in subsection (2)(b) or (c) is to be read as a reference to a Provost Marshal;
.
180 Enforcement of requirements of orders made in Scotland or Northern Ireland
(1) The Sexual Offences Act 2003 is amended as follows.
(2) In section 103I (offence: breach of SHPO or interim SHPO etc), after subsection (1) insert—
(1A) A person who, without reasonable excuse, fails to do something that the person is required to do by a sexual offences prevention order or an interim sexual offences prevention order commits an offence.
(1B) A person who, without reasonable excuse—
(a) does anything that the person is prohibited from doing by a relevant Scottish order, or
(b) fails to do something that the person is required to do by a relevant Scottish order,
commits an offence.
(1C) In subsection (1B) “relevant Scottish order” means—
(a) a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), or
(b) an interim sexual harm prevention order made under section 21 of that Act.
(3) In section 113 (offence: breach of SOPO or interim SOPO etc), after subsection (1ZA) insert—
(1ZB) A person commits an offence if, without reasonable excuse, the person—
(a) contravenes a prohibition imposed by a relevant Scottish order other than a prohibition on foreign travel, or
(b) fails to comply with a requirement imposed by a relevant Scottish order.
(1ZC) In subsection (1ZB)—
“prohibition on foreign travel” has the meaning given by section 17(2) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22);
“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, or
an interim sexual harm prevention order made under section 21 of that Act.
(4) In section 122(1) (offence: breach of foreign travel order)—
(a) omit the “or” at the end of paragraph (a), and
(b) at the end of paragraph (b) insert
, or
(c) he contravenes a prohibition on foreign travel imposed by a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22).
(5) In section 122H (offence: breach of sexual risk order or interim sexual risk order etc)—
(a) in subsection (1) omit paragraphs (e) and (f), and
(b) after subsection (1) insert—
(1A) A person who, without reasonable excuse, does anything that the person is required to do by a risk of sexual harm order that has been renewed or varied as mentioned in section 136ZJ(7) commits an offence.
(1B) A person who, without reasonable excuse—
(a) does anything that the person is prohibited from doing by a relevant Scottish order, or
(b) fails to do something that the person is required to do by a relevant Scottish order,
commits an offence.
(1C) In subsection (1B) “relevant Scottish order” means—
(a) a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), or
(b) an interim sexual risk order made under section 31 of that Act.
(6) In section 128 (offence: breach of risk of sexual harm order or interim risk of sexual harm order etc)—
(a) in subsection (1) omit paragraphs (e) and (f), and
(b) after subsection (1A) (inserted by section 177) insert—
(1B) A person who, without reasonable excuse—
(a) does anything that the person is prohibited from doing by a relevant Scottish order, or
(b) fails to do something that the person is required to do by a relevant Scottish order,
commits an offence.
(1C) In subsection (1B) “relevant Scottish order” means—
(a) a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), or
(b) an interim sexual risk order made under section 31 of that Act.
(7) In section 136ZA (application of orders throughout the United Kingdom) in subsection (1)—
(a) after paragraph (i) insert—
(ia) a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22);
(ib) an interim sexual harm prevention order made under section 21 of that Act;
(ic) a sexual risk order made under section 27 of that Act;
(id) an interim sexual risk order made under section 31 of that Act.
, and
(b) omit paragraphs (j) and (k).
181 Effect of conviction for breach of Scottish order etc
(1) In section 122I of the Sexual Offences Act 2003 (effect of conviction etc of an offence under section 122H etc)—
(a) in subsection (2), omit paragraph (b),
(b) after subsection (2) insert—
(2A) This section also applies to a person (“the defendant”) who—
(a) is convicted of an offence mentioned in subsection (2B),
(b) is acquitted of such an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995, or
(c) is found, in respect of such an offence, to be unfit for trial under section 53F of that Act in a case where the court determines that the defendant has done the act constituting the offence.
(2B) Those offences are—
(a) an offence under section 34 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) (breach of sexual risk order or interim sexual risk order in Scotland);
(b) an offence under section 37 of that Act (breach of equivalent orders) in respect of a breach of an order made under section 122A, 122E, 123 or 126 of this Act.
,
(c) in subsection (6)—
(i) in paragraph (a), for “or caution” substitute “, caution or acquittal”,
(ii) in that paragraph, after “subsection (1)” insert “or (2A)”,
(iii) in paragraph (b), for “or caution” substitute “, caution or acquittal”, and
(iv) in that paragraph, after “subsection (1)” insert “or (2A)”,
(d) after subsection (6) insert—
(6A) In subsection (6) “sexual risk order” and “interim sexual risk order” include orders under sections 27 and 31 (respectively) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
, and
(e) omit subsection (7).
(2) In section 129 of the Sexual Offences Act 2003 (effect of conviction etc of an offence under section 128 etc)—
(a) in subsection (1A), omit paragraph (b),
(b) after subsection (1A) insert—
(1B) This section also applies to a person (“the defendant”) who—
(a) is convicted of an offence mentioned in subsection (1C),
(b) is acquitted of such an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995, or
(c) is found, in respect of such an offence, to be unfit for trial under section 53F of that Act in a case where the court determines that the defendant has done the act constituting the offence.
(1C) Those offences are—
(a) an offence under section 34 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) (breach of sexual risk order or interim sexual risk order in Scotland);
(b) an offence under section 37 of that Act (breach of equivalent orders) in respect of a breach of an order made under section 122A, 122E, 123 or 126 of this Act.
,
(c) in subsection (5)—
(i) in paragraph (a), for “or caution” substitute “, caution or acquittal”,
(ii) in that paragraph, after “subsection (1)” insert “or (1B)”,
(iii) in paragraph (b), for “or caution” substitute “, caution or acquittal”, and
(iv) in that paragraph, after “subsection (1)” insert “or (1B)”,
(d) after subsection (5) insert—
(5A) In subsection (5) “sexual risk order” and “interim sexual risk order” include orders under sections 27 and 31 (respectively) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
, and
(e) omit subsection (6).
182 Orders superseding, or superseded by, Scottish orders
(1) In section 349(2) of the Sentencing Code (making of sexual harm prevention order: effect on other orders)—
(a) omit the “or” at the end of paragraph (a), and
(b) at the end of paragraph (b) insert
, or
(c) a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22),
.
(2) Section 136ZB of the Sexual Offences Act 2003 (order ceases to have effect when new order made) is amended as follows.
(3) In subsection (1), in the table—
(a) in the entry relating to a sexual harm prevention order, in the second column, after “—foreign travel order” insert—
sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22).
, and
(b) in the entry relating to a sexual risk order, in the second column, after “—foreign travel order” insert—
sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
(4) In subsection (2)—
(a) in the words before the table—
(i) omit “or Scotland”, and
(ii) after “England and Wales” insert “or Scotland”, and
(b) in the table—
(i) in the entry relating to a sexual offences prevention order, in the second column, after “—in the case of a sexual harm prevention order containing a prohibition on foreign travel, each of its other prohibitions” insert—
sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 not containing a prohibition on foreign travel; in the case of a sexual harm prevention order made under section 11 or 12 of that Act containing a prohibition on foreign travel, each of its other prohibitions.
,
(ii) in the entry relating to a foreign travel order, in the second column, after “—prohibition on foreign travel contained in a sexual harm prevention order” insert—
prohibition on foreign travel contained in a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
, and
(iii) in the entry relating to a risk of sexual harm order, in the second column, after “—in the case of a sexual risk order containing a prohibition on foreign travel, each of its other prohibitions” insert—
sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 not containing a prohibition on foreign travel; in the case of a sexual risk order made under section 27 of that Act containing a prohibition on foreign travel, each of its other prohibitions.
(5) After subsection (2) insert—
(2ZA) Where a court in Scotland makes an order listed in the first column of the following Table in relation to a person who is already subject to an order or prohibition listed opposite it in the second column, the earlier order or prohibition ceases to have effect (even though it was made or imposed by a court in England and Wales or Northern Ireland) unless the court orders otherwise.
New order | Earlier order or prohibition
Sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 | sexual harm prevention order; sexual offences prevention order; foreign travel order.
Sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 | sexual risk order; risk of sexual harm order; foreign travel order.
(6) In subsection (2A), after “subsection (2)” insert “or subsection (2ZA)”.
(7) In subsection (3), omit paragraph (b).
183 Variation etc of order by court in another part of the United Kingdom
(1) Schedule 18 contains amendments enabling a court in one part of the United Kingdom to vary, renew or discharge an order made in another.
(2) In that Schedule—
(a) Part 1 enables a court in Northern Ireland to renew or discharge orders made in England and Wales and to vary, renew or discharge orders made in Scotland;
(b) Part 2 enables a court in Scotland to vary, renew or discharge orders made in England and Wales or Northern Ireland;
(c) Part 3 enables a court in England and Wales to vary, renew or discharge orders made in Scotland or Northern Ireland.
184 Terrorist offenders released on licence: arrest without warrant pending recall decision
(1) After section 43A of the Terrorism Act 2000 insert—
Offenders released on licence: powers in connection with protecting public from risk of terrorism
Terrorist offenders released on licence: arrest without warrant pending recall decision
43B (1) Subject to subsection (2), a constable may arrest without warrant a terrorist offender who has been released on licence if the constable—
(a) has reasonable grounds for suspecting that the offender has breached a condition of their licence, and
(b) reasonably considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, to detain the offender until a recall decision is made.
(2) A terrorist offender who is detained under this section must (unless recalled or otherwise detained under any other power) be released—
(a) if a recall decision is made not to revoke the offender’s licence (and accordingly the offender is not recalled to prison), as soon as practicable after that decision is made, or
(b) if a recall decision has not been made by the end of the relevant period, at the end of that period.
(3) Part 1 of Schedule 8 makes provision that applies where a terrorist offender is arrested under this section.
(4) In this section “terrorist offender” means—
(a) an offender to whom a restricted release provision applies or would apply but for the fact that the offender has been released on licence;
(b) a life prisoner within the meaning of Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (see section 34 of that Act) who is serving a sentence for an offence within section 247A(2) of the Criminal Justice Act 2003;
(c) a life prisoner within the meaning of Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (see section 27 of that Act) who is serving a sentence, or is subject to an order for lifelong restriction, for an offence within section 1AB(2) of that Act;
(d) a life prisoner within the meaning of the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (see Article 2 of that Order) who is serving a sentence for an offence within Article 20A(2) of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).
(5) For the purposes of this section—
(a) a reference to an offender who has been released on licence includes an offender who —
(i) has been released temporarily pursuant to rules made under section 47(5) of the Prison Act 1952 or section 13(1)(c) of the Prison Act (Northern Ireland) 1953 (c. 18 (N.I.)), or
(ii) has been released temporarily on licence pursuant to rules made under section 39(6) of the Prisons (Scotland) Act 1989;
(b) a reference to a condition of an offender’s licence includes a condition to which an offender’s temporary release is subject;
(c) a reference to revocation of an offender’s licence includes recall of an offender from temporary release.
(6) In this section—
“prison” includes any place where a person is liable to be detained;
“recall decision”, in relation to a terrorist offender who has been released on licence, means a decision by any person with the power to revoke the offender’s licence and recall the offender to prison whether or not to exercise that power;
the “relevant period” means—
in relation to a terrorist offender who has been released on licence under the law of England and Wales, the period of 6 hours beginning with the time of the arrest under this section;
in relation to a terrorist offender who has been released on licence under the law of Scotland or Northern Ireland, the period of 12 hours beginning with the time of the arrest under this section;
“restricted release provision” means—
section 247A of the Criminal Justice Act 2003;
section 1AB of the Prisoners and Criminal Proceedings (Scotland) Act 1993;
Article 20A of the Criminal Justice (Northern Ireland) Order 2008.
(7) A person who has the powers of a constable in one part of the United Kingdom may exercise the power under subsection (1) in any part of the United Kingdom.
(2) In Schedule 8 to the Terrorism Act 2000 (detention)—
(a) in the shoulder reference, for “Section 41” substitute “Sections 41 and 43B”;
(b) in the heading for Part 1, after “41” insert “or 43B”;
(c) in paragraph 1, in sub-paragraphs (1), (2) and (4), after “41” insert “or 43B”;
(d) in paragraph 2, before sub-paragraph (1) insert—
(A1) This paragraph applies in the case of a person detained under Schedule 7 or section 41.
;
(e) in paragraph 6—
(i) in sub-paragraph (1), for the words from “Subject to” to “section 41” substitute “A person detained under Schedule 7 or section 41 or 43B”;
(ii) after sub-paragraph (1) insert—
(1A) In the case of a person detained under Schedule 7 or section 41, sub-paragraph (1) is subject to paragraph 8.
;
(f) in paragraph 7—
(i) in sub-paragraph (1), for the words from “Subject to” to “section 41” substitute “A person detained under Schedule 7 or section 41 or 43B”;
(ii) after sub-paragraph (1) insert—
(1A) Sub-paragraph (1) is subject—
(a) in the case of a person detained under Schedule 7 or section 41, to paragraphs 8 and 9, and
(b) in the case of a person detained under section 43B, to paragraph 9.
;
(g) in paragraph 8, before sub-paragraph (1) insert—
(A1) This paragraph does not apply in the case of a person detained under section 43B (except for the purposes of paragraph 9(3)(a)).
;
(h) after paragraph 13 insert—
13A No fingerprint, intimate sample or non-intimate sample may be taken from a person detained under section 43B.
;
(i) in paragraph 16—
(i) in sub-paragraph (1), after “41” insert “or 43B”;
(ii) in sub-paragraphs (4) and (7), at the beginning insert “Where a person is detained under Schedule 7 or section 41,”;
(j) in paragraph 18, in sub-paragraphs (1) and (2), after “41” insert “or 43B”.
185 Power to search terrorist offenders released on licence
After section 43B of the Terrorism Act 2000 insert—
Power to search terrorist offenders released on licence
43C (1) A constable may stop and search a terrorist offender who is within subsection (2) if the constable is satisfied that it is necessary to do so for purposes connected with protecting members of the public from a risk of terrorism.
(2) A terrorist offender is within this subsection if—
(a) the offender has been released on licence (and not recalled), and
(b) the offender’s licence includes a search condition.
(3) The power in subsection (1) may be exercised in any place to which the constable lawfully has access (whether or not it is a place to which the public has access).
(4) Subsection (5) applies if a constable, in exercising the power in subsection (1) to stop a terrorist offender, stops a vehicle (see section 116(2)).
(5) The constable may search the vehicle and anything in or on it for purposes connected with protecting members of the public from a risk of terrorism.
(6) Nothing in subsection (5) confers a power to search any person, but the power to search in that subsection is in addition to the power in subsection (1) to search a terrorist offender.
(7) The power in subsection (1) to search a terrorist offender includes power to search anything carried by the offender.
(8) Subsection (5) of section 43B applies for the purposes of this section as it applies for the purposes of that section.
(9) In this section—
“search condition” means a condition requiring the offender to submit to a search of their person under this section;
“terrorist offender” has the same meaning as in section 43B.
(10) A person who has the powers of a constable in one part of the United Kingdom may exercise a power under this section in any part of the United Kingdom.
186 Search of premises of offender released on licence for purposes connected with protection from risk of terrorism
After section 43C of the Terrorism Act 2000 insert—
Search of premises of offender released on licence for purposes connected with protection from risk of terrorism
43D (1) A justice may issue a warrant under this section if, on the application of a senior police officer of the relevant force, the justice is satisfied that the requirements in subsection (2) are met.
(2) The requirements are—
(a) that the person specified in the application is a relevant offender who has been released on licence (and not recalled),
(b) that there are reasonable grounds for believing that the person resides, or may regularly be found, at premises (whether residential or otherwise) specified in the application,
(c) that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, for a constable to enter and search premises specified in the application, and
(d) the occupier of the premises is unlikely to consent to a constable entering or searching the premises specified in the application.
(3) A warrant under this section must specify each set of premises to which it relates (which are to be premises in relation to which the requirements in subsection (2)(b) to (d) are met).
(4) A warrant under this section is a warrant that authorises a constable of the relevant force, for the purposes referred to in subsection (2)(c)—
(a) to enter the premises to which it relates, and
(b) to search the premises or, if the premises are multiple occupancy premises, the relevant parts of the premises.
(5) A warrant under this section may—
(a) authorise the constable executing it to use reasonable force if necessary to enter and search the premises;
(b) authorise entry to, and search of, the premises on more than one occasion (whether on a certain number of occasions or without limit), so far as the justice who issues the warrant is satisfied that such authorisation is necessary for the purposes referred to in subsection (2)(c).
(6) For the purposes of subsection (4)—
(a) “multiple occupancy premises” are premises at which two or more individuals who are not members of the same household reside;
(b) the reference to the “relevant parts” of multiple occupancy premises is to those parts of the premises to which the constable has reasonable grounds for believing that the person to whom the warrant relates has access.
(7) Subsection (5) of section 43B applies for the purposes of this section as it applies for the purposes of that section.
(8) In this section “relevant offender” means—
(a) a prisoner to whom Chapter 6 of Part 12 of the Criminal Justice Act 2003 applies (release of fixed-term prisoners);
(b) a life prisoner within the meaning of Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (see section 34 of that Act);
(c) a short-term prisoner, long-term prisoner or life prisoner within the meaning of Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (see section 27 of that Act);
(d) a fixed-term prisoner within the meaning of Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (see Article 16 of that Order);
(e) a life prisoner within the meaning of the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (see Article 2 of that Order).
(9) In this section—
“justice” means—
a justice of the peace in England and Wales,
a sheriff or summary sheriff in Scotland, or
a lay magistrate in Northern Ireland;
“relevant force” means—
if the premises specified in the application for the warrant are in England or Wales, the police force maintained for the police area in which those premises are situated,
if those premises are in Scotland, the Police Service of Scotland, or
if those premises are in Northern Ireland, the Police Service of Northern Ireland;
“senior police officer” means a constable of the rank of superintendent or above.
After section 43D of the Terrorism Act 2000 insert—
Seizure and retention of items found in search under section 43C or 43D
43E (1) This section applies where a constable carries out—
(a) a search of a terrorist offender under section 43C(1),
(b) a search of a vehicle, or anything in or on a vehicle, under section 43C(5), or
(c) a search of premises further to a warrant issued under section 43D.
(2) A constable may seize anything that the constable finds in the course of the search if—
(a) the constable reasonably suspects that—
(i) the thing is or contains evidence in relation to an offence, and
(ii) it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed, or
(b) the constable reasonably believes that it is necessary to do so for the purpose of ascertaining—
(i) whether the offender has breached a condition of the offender’s licence, and
(ii) if so, whether the breach affects the risk of terrorism to which members of the public are exposed.
(3) Anything seized under subsection (2) may be—
(a) subjected to tests;
(b) retained for as long as is necessary in all the circumstances (but see subsection (5)).
(4) In particular (and regardless of the ground on which the thing was seized)—
(a) if a constable has reasonable grounds for believing that the thing is or contains evidence in relation to an offence, it may be retained—
(i) for use as evidence at a trial for an offence, or
(ii) for forensic examination or for investigation in connection with an offence;
(b) if a constable has reasonable grounds for believing that the thing has been obtained in consequence of the commission of an offence, it may be retained in order to establish its lawful owner.
(5) Anything seized under subsection (2)(b) that is not retained as mentioned in subsection (4)(a) or (b) may be retained for a maximum period of 7 days beginning with the day after the day on which the thing is seized.
(6) Nothing may be retained for either of the purposes mentioned in subsection (4)(a) if a photograph or copy would be sufficient for that purpose.
(7) In this section “offender” means—
(a) in relation to a search under section 43C, the terrorist offender to whom the search relates;
(b) in relation to a search under section 43D, the relevant offender in relation to whom the warrant authorising the search was issued.
(8) Nothing in this section affects any power of a court to make an order under section 1 of the Police (Property) Act 1897.
189 Arrangements for assessing etc risks posed by certain offenders
(1) Section 325 of the Criminal Justice Act 2003 (arrangements for assessing etc risks posed by certain offenders) is amended in accordance with subsections (2) to (6).
(2) In subsection (1), in the definition of “relevant sexual or violent offender”, for “has the meaning” substitute “and “relevant terrorist offender” have the meanings”.
(3) In subsection (2)—
(a) for the “and” at the end of paragraph (a) substitute—
(aa) relevant terrorist offenders,
(b) at the end of paragraph (b) insert
, and
(c) other persons who have committed offences (wherever committed) and are considered by the responsible authority to be persons who may be at risk of involvement in terrorism-related activity.
(4) For subsection (4) substitute—
(4) A person to whom subsection (4A) applies may, for the purpose described in subsection (2), disclose information to another person to whom subsection (4A) applies.
(4A) This subsection applies to—
(a) the responsible authority,
(b) a person specified in subsection (6), and
(c) a person who the responsible authority considers may contribute to the achievement of the purpose described in subsection (2).
(4B) A disclosure under subsection (4) does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
(4C) But subsection (4) does not authorise a disclosure of information that—
(a) would contravene the data protection legislation (but in determining whether it would do so, the power in that subsection is to be taken into account), or
(b) would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(4D) Subsection (4E) applies if a person who may disclose or receive information by virtue of subsection (4) would not otherwise be a competent authority for the purposes of Part 3 of the Data Protection Act 2018 (law enforcement processing) in relation to the processing by that person of personal data by virtue of that subsection.
(4E) The person is to be treated as a competent authority for the purposes of that Part in relation to the processing by that person of personal data by virtue of subsection (4).
(4F) But subsection (4E) does not apply to an intelligence service within the meaning of Part 4 of the Data Protection Act 2018 (see section 82(2) of that Act).
(4G) Subsections (4) to (4F) do not affect any power to disclose information apart from that conferred by subsection (4).
(5) In subsection (6), in the opening words, after “(3)” insert “, (4A)(b)”.
(6) In subsection (9), at the appropriate places insert—
“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
;
“involvement in terrorism-related activity” has the same meaning as in the Terrorism Prevention and Investigation Measures Act 2011 (see section 4 of that Act);
;
“personal data” has the same meaning as in the Data Protection Act 2018 (see section 3(2) of that Act);
;
“processing” has the same meaning as in the Data Protection Act 2018 (see section 3(4) of that Act);
.
(7) Section 327 of the Criminal Justice Act 2003 (interpretation of section 325) is amended in accordance with subsections (8) to (10).
(8) In subsection (3)—
(a) in paragraph (a)—
(i) for “is” substitute “has been”, and
(ii) after “specified in” insert “Part 1 or 2 of”, and
(b) in paragraph (b)—
(i) in the words before sub-paragraph (i), for “is” substitute “was”,
(ii) in sub-paragraph (i), for “for a term of 12 months or more” substitute “that is not for a term of less than 12 months”, and
(iii) after sub-paragraph (v) insert—
(va) a sentence of custody for life under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 or under section 272 or 275 of the Sentencing Code,
.
(9) In subsection (4)(a), after “specified in” insert “Part 1 or 2 of”.
(10) After subsection (4A) insert—
(4B) For the purposes of section 325, a person is a relevant terrorist offender if the person falls within one or both of subsections (4C) and (4D).
(4C) A person falls within this subsection if the person is subject to the notification requirements of Part 4 of the Counter-Terrorism Act 2008.
(4D) A person falls within this subsection if the person has been convicted of and sentenced for a relevant terrorist offence, or otherwise dealt within in relation to such an offence, as described in—
(a) paragraph (a) or (b) of section 45(1) of the Counter-Terrorism Act 2008,
(b) paragraph (a) or (b) of section 45(2) of that Act,
(c) paragraph (a) or (b) of section 45(3) of that Act, or
(d) paragraph (a) or (b) of paragraph 5(1) of Schedule 6 to that Act.
(4E) For the purposes of subsection (4D)—
(a) any reference in the Counter-Terrorism Act 2008 to an offence to which Part 4 of that Act applies is to be read as if it were a reference to a relevant terrorist offence, and
(b) any reference in that Act to a hospital order is to be read as if it included a guardianship order within the meaning of the Mental Health Act 1983 or the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).
(4F) In subsections (4D) and (4E) “relevant terrorist offence” means—
(a) an offence specified in Part 1 or 2 of Schedule 19ZA (terrorism offences punishable with imprisonment for life or for more than two years),
(b) a service offence as respects which the corresponding civil offence is so specified, or
(c) an offence which was determined to have a terrorist connection (see subsection (4G));
and in paragraph (b) “service offence” and “corresponding civil offence” have the same meanings as in the Counter-Terrorism Act 2008 (see section 95 of that Act).
(4G) For the purposes of subsection (4F)(c), an offence was determined to have a terrorist connection if it was—
(a) determined to have a terrorist connection under—
(i) section 69 of the Sentencing Code (including as applied by section 238(6) of the Armed Forces Act 2006),
(ii) section 30 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in England and Wales before the Sentencing Code applied, or an offender sentenced in Northern Ireland but now capable of posing a risk in an area in England and Wales), or
(iii) section 32 of that Act (in the case of a person sentenced for a service offence before the Sentencing Code applied), or
(b) proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Scotland but now capable of posing a risk in an area in England and Wales).
(1) The Football Spectators Act 1989 is amended as follows.
(2) Schedule 1 (football banning orders: relevant offences) is amended in accordance with subsections (3) to (7).
(3) In paragraph 1(c) (certain offences under the Public Order Act 1986 committed at premises)—
(a) after “any offence under section” insert “4,”, and
(b) before “harassment” insert “fear or provocation of violence, or”.
(4) In paragraph 1(k) (certain offences under the Public Order Act 1986 committed on a journey to or from a football match)—
(a) after “any offence under section” insert “4,”, and
(b) before “harassment” insert “fear or provocation of violence, or”.
(5) In paragraph 1(q) (certain offences under the Public Order Act 1986 which the court declares to be related to a football match)—
(a) after “any offence under section” insert “4,”,
(b) before “harassment” insert “fear or provocation of violence, or”, and
(c) omit “or any provision of Part 3 or 3A of that Act (hatred by reference to race etc)”.
(6) In paragraph 1, after paragraph (u) insert—
(v) any offence under any provision of Part 3 or 3A of the Public Order Act 1986 (hatred by reference to race etc)—
(i) which does not fall within paragraph (c) or (k), and
(ii) as respects which the court makes a declaration that the offence related to a football match, to a football organisation or to a person whom the accused knew or believed to have a prescribed connection with a football organisation,
(w) any offence under section 31 of the Crime and Disorder Act 1998 (racially or religiously aggravated public order offences) as respects which the court makes a declaration that the offence related to a football match, to a football organisation or to a person whom the accused knew or believed to have a prescribed connection with a football organisation,
(x) any offence under section 1 of the Malicious Communications Act 1988 (offence of sending letter, electronic communication or article with intent to cause distress or anxiety)—
(i) which does not fall within paragraph (d), (e), (m), (n), (r) or (s),
(ii) as respects which the court has stated that the offence is aggravated by hostility of any of the types mentioned in section 66(1) of the Sentencing Code (racial hostility etc), and
(iii) as respects which the court makes a declaration that the offence related to a football match, to a football organisation or to a person whom the accused knew or believed to have a prescribed connection with a football organisation,
(y) any offence under section 127(1) of the Communications Act 2003 (improper use of public telecommunications network)—
(i) which does not fall within paragraph (d), (e), (m), (n), (r) or (s),
(ii) as respects which the court has stated that the offence is aggravated by hostility of any of the types mentioned in section 66(1) of the Sentencing Code (racial hostility etc), and
(iii) as respects which the court makes a declaration that the offence related to a football match, to a football organisation or to a person whom the accused knew or believed to have a prescribed connection with a football organisation.
(7) In paragraph 4—
(a) the words from “In this Schedule” to “Part II of this Act.” become sub-paragraph (1),
(b) after sub-paragraph (1) insert—
(1A) In this Schedule “football organisation” means an organisation which is a regulated football organisation for the purposes of Part 2 of this Act.
, and
(c) after sub-paragraph (2) insert—
(3) The provision that may be made by an order made by the Secretary of State for the purposes of this Schedule includes provision that a person has a prescribed connection with a football organisation where—
(a) the person has had a connection of a prescribed kind with a football organisation in the past, or
(b) the person will or may have a connection of a prescribed kind with a football organisation in the future.
(8) In section 14 (main definitions), after subsection (2) insert—
(2A) “Regulated football organisation” means an organisation (whether in the United Kingdom or elsewhere) which—
(a) relates to association football, and
(b) is a prescribed organisation or an organisation of a prescribed description.
(9) Section 23 (further provision about, and appeals against, declarations of relevance) is amended in accordance with subsections (10) and (11).
(10) In subsection (1), for the words from “related to football matches” to the end of the subsection substitute
—
(a) related to football matches,
(b) related to a particular football match or to particular football matches,
(c) related to a football organisation, or
(d) related to a person whom the defendant knew or believed to have a prescribed connection with a football organisation,
as the case may be.
(11) In subsection (5), for the words from “related to football matches” to the end of the subsection substitute
—
(a) related to football matches,
(b) related to one or more particular football matches,
(c) related to a football organisation, or
(d) related to a person whom the defendant knew or believed to have a prescribed connection with a football organisation.
(12) This section does not apply in relation to an offence committed before the day appointed by regulations under section 208(1) for its coming into force (so far as it has not previously been commenced by section 208(4)(y)).
191 Football banning orders: power to amend list of relevant offences
(1) In section 14 of the Football Spectators Act 1989 (main definitions), after subsection (8) insert—
(9) The Secretary of State may by regulations amend paragraph 1 of Schedule 1 so as to add, modify or remove a reference to an offence or a description of offence.
(10) Regulations under subsection (9) may make consequential amendments to this Act.
(11) A statutory instrument containing regulations under subsection (9) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(2) Section 22A of that Act (other interpretation, etc) is amended in accordance with subsections (3) and (4).
(3) In subsection (3), after “order” insert “or regulations”.
(4) After subsection (3) insert—
(3A) An order or regulations under this Part—
(a) may make different provision for different purposes;
(b) may make consequential, supplementary, incidental, transitional, transitory or saving provision.
192 Football banning orders: requirement to make order on conviction etc
(1) In section 14A of the Football Spectators Act 1989 (banning order made on conviction of an offence), for subsections (2) and (3) substitute—
(2) The court must make a banning order in respect of the offender unless the court considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to do so.
(3) Where the court does not make a banning order it must state in open court the reasons for not doing so.
(2) Section 22 of that Act (banning orders arising out of offences outside England and Wales) is amended in accordance with subsections (3) and (4).
(3) In subsection (4), for the words following paragraph (b) substitute—
must make a banning order in relation to the person, unless subsection (5) applies.
(4) For subsections (5) and (5A) substitute—
(5) This subsection applies if—
(a) it appears to the court that the conviction of the corresponding offence in a country outside England and Wales is the subject of proceedings in a court of law in that country questioning the conviction, or
(b) the court considers that there are particular circumstances relating to the corresponding offence or to the person which would make it unjust in all the circumstances to make a banning order.
(5A) Where the court does not make a banning order on the ground mentioned in subsection (5)(b) it must state in open court the reasons for not doing so.
(5) This section does not apply in relation to an offence committed before the day appointed by regulations under section 208(1) for its coming into force.
(1) The Rehabilitation of Offenders Act 1974, as it forms part of the law of England and Wales, is amended as follows.
(2) Section 5 (rehabilitation periods for particular sentences) is amended in accordance with subsections (3) to (12).
(3) In subsection (1) (sentences excluded from rehabilitation)—
(a) for paragraph (b) substitute—
(b) any of the following sentences, where the sentence is imposed for an offence specified in Schedule 18 to the Sentencing Code (serious violent, sexual and terrorism offences) or a service offence as respects which the corresponding offence is so specified—
(i) a sentence of imprisonment for a term exceeding 4 years;
(ii) a sentence of youth custody for such a term;
(iii) a sentence of detention in a young offender institution for such a term;
(iv) a sentence of corrective training for such a term;
(v) a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 for such a term;
(vi) a sentence of detention under section 250 or 252A of the Sentencing Code for such a term;
(vii) a sentence of detention under section 209 or 224B of the Armed Forces Act 2006 for such a term;
(viii) a sentence of detention under section 205ZC(5) or 208 of the Criminal Procedure (Scotland) Act 1995 for such a term;
, and
(b) in paragraph (d) omit the words from “or a sentence of detention” to the end of that paragraph (including the “and” at the end of that paragraph).
(4) After subsection (1) insert—
(1ZA) In subsection (1)(b)—
(a) “service offence” means an offence under—
(i) section 42 of the Armed Forces Act 2006,
(ii) section 70 of the Army Act 1955 or Air Force Act 1955, or
(iii) section 42 of the Naval Discipline Act 1957, and
(b) “corresponding offence” means—
(i) in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section;
(ii) in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act;
(iii) in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section.
(1ZB) Section 48 of the Armed Forces Act 2006 (supplementary provisions relating to ancillary service offences) applies for the purposes of subsection (1ZA)(b)(i) as it applies for the purposes of the provisions of that Act referred to in subsection (3)(b) of that section.
(5) In subsection (2) (rehabilitation periods), in the words before paragraph (a), for “(3) and” substitute “(2A) to”.
(6) In the table in subsection (2)(b) (rehabilitation periods)—
(a) for the three rows relating to custodial sentences substitute—
A custodial sentence of more than 4 years | The end of the period of 7 years beginning with the day on which the sentence (including any licence period) is completed | The end of the period of 42 months beginning with the day on which the sentence (including any licence period) is completed
A custodial sentence of more than 1 year and up to, or consisting of, 4 years | The end of the period of 4 years beginning with the day on which the sentence (including any licence period) is completed | The end of the period of 2 years beginning with the day on which the sentence (including any licence period) is completed
A custodial sentence of 1 year or less | The end of the period of 12 months beginning with the day on which the sentence (including any licence period) is completed | The end of the period of 6 months beginning with the day on which the sentence (including any licence period) is completed
;
(b) omit the row relating to a community or youth rehabilitation order.
(7) After subsection (2) (and after the table in subsection (2)(b)) insert—
(2A) Subsection (2B) applies where provision is made by or under a relevant order for the order to have effect—
(a) until further order,
(b) until the occurrence of a specified event, or
(c) otherwise for an indefinite period.
(2B) The rehabilitation period for the order is the period—
(a) beginning with the date of the conviction in respect of which the order is imposed, and
(b) ending when the order ceases to have effect.
(8) For subsection (3) (rehabilitation period for community etc order which does not provide for the last day on which the order has effect) substitute—
(3) The rehabilitation period for a relevant order which is not otherwise dealt with in the Table or under subsections (2A) and (2B) is the period of 24 months beginning with the date of conviction.
(9) In subsection (4)(b) (rehabilitation period for other sentences), for “subsection (3)” substitute “any of subsections (2A) to (3)”.
(10) In subsection (7), in the words before paragraph (a), for “For” substitute “Subject to subsection (7A), for”.
(11) After subsection (7) insert—
(7A) Subsection (7)(a) or (b) does not apply for the purposes of determining whether a sentence is excluded from rehabilitation by virtue of subsection (1)(b).
(7B) For the purposes of this section, a sentence imposed as mentioned in subsection (7)(f) for an offence—
(a) under the law of Scotland, Northern Ireland or a country or territory outside the United Kingdom, and
(b) which would have constituted an offence specified in Schedule 18 to the Sentencing Code if it had been committed in England and Wales,
is to be treated as a sentence for an offence specified in that Schedule (and for this purpose an act punishable under the law in force in a country or territory outside the United Kingdom constitutes an offence under that law, however it is described in that law).
(12) In subsection (8) (interpretation), in the definition of “relevant order”—
(a) before paragraph (a) insert—
a community or youth rehabilitation order,
, and
(b) for paragraph (g) substitute—
any order which—
imposes a disqualification, disability, prohibition, penalty, requirement or restriction, or
is otherwise intended to regulate the behaviour of the person convicted,
and is not otherwise dealt with in the Table,
.
(13) In section 6(5) (the rehabilitation period applicable to a conviction), for the words from “by virtue of” to “or other penalty” substitute “to an order within paragraph (g) of the definition of “relevant order” in section 5(8) above”.
(14) In section 7(1)(d) (limitations on rehabilitation under the Act), for “or other penalty” substitute “, penalty, requirement, restriction or other regulation of the person’s behaviour”.
(15) In paragraph 5(b) of Schedule 2 (protection for spent cautions), after “prohibition” insert “, requirement”.
(16) This section applies in relation to convictions before the day on which this section comes into force (“the commencement day”) as well as in relation to convictions on or after that day.
(17) The Rehabilitation of Offenders Act 1974 (“the 1974 Act”) applies in relation to convictions before the commencement day as if the amendments made by this section had always had effect.
(18) Where by virtue of subsection (17)—
(a) a person would, before the commencement day, have been treated for the purposes of the 1974 Act as a rehabilitated person in respect of a conviction, or
(b) a conviction would, before that day, have been treated for the purposes of that Act as spent,
the person or conviction concerned is (subject to any order made by virtue of section 4(4) or 7(4) of that Act) to be so treated on and after that day.
(1) The Protection of Freedoms Act 2012 is amended in accordance with subsections (2) to (10).
(2) Section 92 (power of Secretary of State to disregard convictions or cautions) is amended in accordance with subsections (3) to (5).
(3) In subsection (1) for the words from “under” to the end of paragraph (c) substitute “in circumstances where the conduct constituting the offence was sexual activity between persons of the same sex”.
(4) In subsection (3)—
(a) in paragraph (a)—
(i) for the first “the” substitute “any”,
(ii) for “conduct constituting the offence consented to it and” substitute “sexual activity”, and
(iii) omit the second “and”, and
(b) for paragraph (b) substitute—
(b) the offence has been repealed or, in the case of an offence at common law, abolished by enactment (whether or not it has been re-enacted or replaced), and
(c) the sexual activity would not, if occurring in the same circumstances at the point of decision, constitute an offence.
(5) After subsection (6) insert—
(7) In this section “sexual activity” includes—
(a) any physical or affectionate activity which is of a type characteristic of people involved in an intimate personal relationship, and
(b) conduct intended to lead to sexual activity.
(6) In section 93(3) (applications to the Secretary of State), for the words from “the matters” to the end substitute
—
(a) whether a conviction or caution is of a kind mentioned in section 92(1);
(b) the matters mentioned in condition A in that section.
(7) In section 94 (procedure for decisions by the Secretary of State)—
(a) in subsection (1)—
(i) after “considering” insert “whether a conviction or caution is of a kind mentioned in section 92(1) or”, and
(ii) for “section 92” substitute “that section”,
(b) in subsection (2)—
(i) after “deciding” insert “whether a conviction or caution is of a kind mentioned in section 92(1) or”, and
(ii) for “section 92” substitute “that section”,
(c) after subsection (2) insert—
(2A) If the Secretary of State refuses an application on the basis that the caution or conviction is not of a kind mentioned in section 92(1), the Secretary of State must—
(a) record the decision in writing, and
(b) give notice of it to the applicant.
(8) In section 99 (appeal against refusal to disregard convictions or cautions)—
(a) in subsection (1)(a) after “Secretary of State” insert “refuses an application on the basis mentioned in section 94(2A) or”,
(b) in subsection (3), for the words from “that it” to the end substitute
—
(a) that the conviction or caution is of a kind mentioned in section 92(1), it must make an order to that effect;
(b) that it appears as mentioned in condition A of that section, it must make an order to that effect.
, and
(c) in subsection (5), after “subsection (3)” insert “(b)”.
(9) In section 100(1) (advisers)—
(a) for the second “Secretary of State” substitute
Secretary of State—
(a) the caution or conviction is of a kind mentioned in section 92(1), or
,
(b) the remaining text becomes paragraph (b), and
(c) in that paragraph for “section 92” substitute “that section”.
(10) In section 101—
(a) in subsection (1)—
(i) in paragraph (a) of the definition of “conviction”, after “proceedings” insert “(including anything that under section 376(1) and (2) of the Armed Forces Act 2006 is to be treated as a conviction for the purposes of that Act)”,
(ii) at the end of the definition of “sentence” insert “(including anything that under section 376(1) and (3) of the Armed Forces Act 2006 is to be treated as a sentence for the purposes of that Act),”,
(iii) at the end of paragraph (a) of the definition of “service disciplinary proceedings” omit “or”,
(iv) after paragraph (b) of the definition of “service disciplinary proceedings” insert
, or
(c) in respect of a service offence (whether or not before a court but excepting proceedings before a civilian court within the meaning of the Armed Forces Act 2006);
and for the purposes of paragraph (c) “service offence” means a service offence within the meaning of the Armed Forces Act 2006, or an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (SI 2009/1059).”, and
(v) in the appropriate place insert—
“enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978),
,
(b) omit subsections (3) and (4),
(c) in subsection (5) for paragraphs (a) and (b) substitute “a reference to an inchoate or ancillary offence relating to the offence.”,
(d) in subsection (6)—
(i) for the first “or incitement” substitute “, incitement, encouraging or assisting”, and
(ii) for the second “or incitement” substitute “, incitement, encouraging or assisting”,
(e) after subsection (6) insert—
(6A) For the purposes of section 92, an inchoate or ancillary offence is to be treated as repealed or abolished to the extent that the offence to which it relates is repealed or abolished.
(6B) A reference to an inchoate or ancillary offence in relation to an offence is a reference to an offence of—
(a) attempting, conspiracy or incitement to commit the offence,
(b) encouraging or assisting the commission of the offence, or
(c) aiding, abetting, counselling or procuring the commission of the offence.
(6C) For the purposes of section 92, an offence under an enactment mentioned in subsection (6D) is to be treated as repealed to the extent that the conduct constituting the offence under the enactment—
(a) was punishable by reference to an offence under the law of England and Wales which has been repealed or abolished, or
(b) if the conduct was not punishable by the law of England and Wales, was punishable by reference to equivalent conduct constituting an offence under the law of England and Wales which has been repealed or abolished.
(6D) The enactments are—
(a) section 45 of the Naval Discipline Act 1866,
(b) section 41 of the Army Act 1881,
(c) section 41 of the Air Force Act 1917,
(d) section 70 of the Army Act 1955,
(e) section 70 of the Air Force Act 1955,
(f) section 42 of the Naval Discipline Act 1957, and
(g) section 42 of the Armed Forces Act 2006.
, and
(f) in subsection (7) for “(5) and (6)” substitute “(5), (6) and (6B)”.
(11) Nothing in this section affects the disregard of a conviction or caution that was disregarded before this section comes into force.
(1) The Policing and Crime Act 2017 is amended in accordance with subsections (2) to (13).
(2) Section 164 (posthumous pardons for convictions etc. of certain abolished offences) is amended in accordance with subsections (3) to (10).
(3) Before subsection (1) insert—
(A1) Subsection (1) applies in relation to a person—
(a) who was convicted of, or cautioned for, an offence in circumstances where the conduct constituting the offence was sexual activity between persons of the same sex, and
(b) who died before the end of the period of twelve months beginning with—
(i) the day on which section 194 of the Police, Crime, Sentencing and Courts Act 2022 comes into force, or
(ii) if later, the day on which the offence referred to in paragraph (a) became an abolished offence (see subsection (1A)).
(4) For subsection (1) substitute—
(1) The person is pardoned for the offence if—
(a) any other person involved in the sexual activity was aged 16 or over, and
(b) the offence has become an abolished offence.
(1A) An offence becomes an abolished offence at the point at which conditions A and B are first met.
(1B) Condition A is that the offence has been repealed or, in the case of an offence at common law, abolished by enactment (whether or not it was re-enacted or replaced).
(1C) Condition B is that the sexual activity referred to in subsection (A1)(a) would not, if occurring in the same circumstances, constitute an offence.
(5) Omit subsections (2) to (6).
(6) In subsection (7)—
(a) for “subsection (8)” substitute “subsections (8) and (8A)”, and
(b) at the end of paragraph (b) insert “(but as if the reference in subsections (6A) and (6C) to section 92 were a reference to this section)”.
(7) In subsection (8) (as amended by section 19 of the Armed Forces Act 2021)—
(a) omit paragraph (ba),
(b) at the end of paragraph (c) omit “or”,
(c) after paragraph (c) (but before paragraph (d) inserted by section 19(3)(d) of the Armed Forces Act 2021) insert—
(ca) the Mutiny Act 1878, the Marine Mutiny Act 1878, any Act previously in force corresponding to either of those Acts or any relevant Articles of War, or
.
(8) After subsection (8) insert—
(8A) Section 101(6D) of the 2012 Act is to be read, in its application to this section by virtue of subsection (7) of this section, as if the enactments listed in that subsection included—
(a) Article 2 of Section 20 of the Articles of War of 1749 (offences triable by courts martial outside Great Britain),
(b) section 38 of the Naval Discipline Act 1860,
(c) section 38 of the Naval Discipline Act 1861,
(d) section 41 of the Naval Discipline Act 1864,
(e) Article 93 of Section 2 of the Articles of War of 1876 (offences not specified in Marine Mutiny Act or Articles of War),
(f) section 41 of the Army Discipline and Regulation Act 1879, and
(g) any provision corresponding to the provision mentioned in paragraphs (a) or (e), contained in other relevant Articles of War.
(9) In subsection (10) (inserted by section 19 of the Armed Forces Act 2021) insert in the appropriate place—
“sexual activity” includes—
any physical or affectionate activity which is of a type characteristic of people involved in an intimate personal relationship, and
conduct intended to lead to sexual activity.
(10) After subsection (10) insert—
(11) Subsection (1) does not apply in relation to an offence for which the person has previously been pardoned under this section or section 165.
(11) In section 165(1) (other pardons for convictions etc. of certain abolished offences) after “offence” insert “in the circumstances”.
(12) Omit section 166 (power to provide disregards and pardons for additional abolished offences).
(13) In section 167 (sections 164 to 166: supplementary)—
(a) in the opening words of subsection (1) omit “, or under regulations under 166,”, and
(b) in subsection (2)—
(i) for “sections 164 to 166” substitute “section 164 or 165”, and
(ii) omit “or regulations under section 166”.
(14) Nothing in this section affects a pardon for a conviction or caution which took effect before this section comes into force.
(15) In section 19 of the Armed Forces Act 2021 (posthumous pardons in relation to certain abolished offences), omit subsection (2) and paragraphs (b) and (c) of subsection (3).
196 British Sign Language interpreters for deaf jurors
(1) The Juries Act 1974 is amended as follows.
(2) After section 9B insert—
British Sign Language interpreters for deaf jurors
9C (1) For the purpose of section 9B(2), in determining whether or not a person who is deaf should act as a juror, the judge must consider whether the assistance of a British Sign Language interpreter would enable that person to be capable of acting effectively as a juror.
(2) Where the judge considers that the assistance of a British Sign Language interpreter would enable the person to be capable of acting effectively as a juror, the judge may appoint one or more interpreters to provide that assistance, and affirm the summons.
(3) An interpreter appointed under subsection (2) may remain with the jury in the course of their deliberations in proceedings before a court for the purpose of enabling the person the interpreter is assisting to act effectively as a juror.
(4) The interpreter must not interfere in or influence the deliberations of the jury (see section 20I as to the offence).
(3) After section 20G insert—
Application of certain provisions to British Sign Language interpreters
20H (1) Section 12(1) and (2) (challenge for cause) apply to an interpreter appointed under section 9C(2) as those provisions apply to jurors.
(2) Section 15A (surrender of electronic communications devices) applies to an interpreter appointed under section 9C(2) as it applies to members of a jury.
(3) Section 20A (offence of research by jurors) applies to an interpreter appointed under section 9C(2) as it applies to members of a jury with the modification that the reference to “the trial period” in subsection (5), in relation to an interpreter, is the period—
(a) beginning when the interpreter is appointed under section 9C(2), and
(b) ending when the judge discharges the jury or, if earlier, when the judge discharges the interpreter.
(4) Section 20B (offence of sharing research with other jurors) applies to an interpreter appointed under section 9C(2) as it applies to members of a jury, but the references in section 20B to “section 20A” and “the trial period” are to be read as references to “section 20A” and “the trial period” as modified by subsection (3) of this section.
(5) In the following provisions of section 20F (exceptions to offence of disclosing jury deliberations), the references to the conduct of a juror include the conduct of an interpreter appointed under section 9C(2)—
(a) subsection (1)(b)(ii);
(b) subsection (4)(b);
(c) subsection (5).
Offence: interpreters interfering in or influencing jury deliberations
20I (1) It is an offence for an interpreter appointed under section 9C(2) intentionally to interfere in or influence the deliberations of the jury in proceedings before a court.
(2) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).
(3) Proceedings for an offence under this section may only be instituted by or with the consent of the Attorney General.
(4) In section 22(A1) (offences which do not affect contempt of court at common law) for “or 20C” substitute “, 20C or 20I”.
197 Continuation of criminal trial on death or discharge of a juror
In section 16 of the Juries Act 1974 (continuation of criminal trial on death or discharge of juror)—
(a) in subsection (1) for “subsections (2) and (3)” substitute “subsection (3)”, and
(b) omit subsection (2) (trials for offences punishable with death).
198 Remote observation and recording of court and tribunal proceedings
(1) In the Courts Act 2003, after section 85 insert—
PART 7ZA Transmission and recording of court and tribunal proceedings
Remote observation and recording
Remote observation and recording of proceedings by direction of a court or tribunal
85A (1) This section applies (subject to subsections (12) and (13)) to proceedings in any court; and in this section “court” has the same meaning as in the Contempt of Court Act 1981 (see section 19 of that Act).
(2) If the proceedings are specified under subsection (8)(a), the court may direct that images or sounds of the proceedings are to be transmitted electronically for the purpose of enabling persons not taking part in the proceedings to watch or listen to the proceedings.
(3) A direction under subsection (2) may authorise only the following types of transmission—
(a) transmission to designated live-streaming premises, or
(b) transmission to which individuals are given access only having first identified themselves to the court (or to a person acting on behalf of the court).
(4) In subsection (3)(a), “designated live-streaming premises” means premises that are designated by the Lord Chancellor as premises that are made available for members of the public to watch or listen to proceedings in accordance with directions under subsection (2).
(5) A direction under subsection (2) may include further provision about—
(a) the manner of transmission, or
(b) the persons who are to be able to watch or listen to the transmission (including provision making that ability subject to conditions, or aimed at preventing persons who are not meant to watch or listen from being able to do so).
(6) If images or sounds of the proceedings are transmitted electronically (whether under a direction under subsection (2) or any other power), the court may direct that a recording of the transmission is to be made, in the manner specified in the direction, for the purpose of enabling the court to keep a record of the proceedings.
(7) A direction under subsection (2) or (6)—
(a) may relate to the whole, or to part, of the proceedings concerned, and
(b) may be varied or revoked.
(8) The Lord Chancellor may by regulations—
(a) specify proceedings (by reference to their type, the court in which they take place, or any other circumstance) in relation to which directions under subsection (2) may be made;
(b) specify matters of which the court must be satisfied before deciding to make such a direction;
(c) specify matters that the court must take into account when deciding whether, and on what terms, to make such a direction;
(d) require directions under subsection (2) to include certain provision under subsection (5).
(9) Before making regulations under subsection (8), the Lord Chancellor must determine whether the function of giving or withholding concurrence to the regulations would most appropriately be exercised by—
(a) the Lord Chief Justice of England and Wales,
(b) the Senior President of Tribunals, or
(c) both of them.
(10) Regulations under subsection (8) may be made only with the concurrence of the Lord Chief Justice of England and Wales, the Senior President of Tribunals, or both of them, as determined under subsection (9).
(11) Regulations under subsection (8) may make different provision for different purposes.
(12) This section does not apply to proceedings in the Supreme Court.
(13) This section does not apply to proceedings if provision regulating the procedure to be followed in those proceedings could be made by—
(a) an Act of the Scottish Parliament,
(b) an Act of Senedd Cymru (including one passed with the consent of a Minister of the Crown within the meaning of section 158(1) of the Government of Wales Act 2006), or
(c) an Act of the Northern Ireland Assembly passed without the consent of the Secretary of State.
(2) In section 41 of the Criminal Justice Act 1925 (prohibition of photography etc in court)—
(a) after subsection (1) insert—
(1ZA) Subsection (1) does not apply to anything done in accordance with a direction under section 85A of the Courts Act 2003 (remote observation and recording of court and tribunal proceedings).
;
(b) in subsection (1A), after “provide for” insert “further”.
(3) In section 29 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) (prohibition of photography etc in court), after subsection (1) insert—
(1A) Subsection (1) does not apply to anything done in accordance with a direction under section 85A of the Courts Act 2003 (remote observation and recording of court and tribunal proceedings).
(4) In section 9 of the Contempt of Court Act 1981 (prohibition of tape recording etc), after subsection (4) insert—
(4A) This section does not apply to anything done in accordance with a direction under section 85A of the Courts Act 2003 (remote observation and recording of court and tribunal proceedings).
(5) In section 108(3) of the Courts Act 2003 (regulations and orders under that Act subject to affirmative procedure), after paragraph (c) insert—
(ca) regulations under section 85A(8) (provision about directions for remote observation of court and tribunal proceedings);
.
199 Offence of recording or transmission in relation to remote proceedings
In the Courts Act 2003, after section 85A (inserted by section 198) insert—
Offence of recording or transmission
Offence of recording or transmission in relation to remote proceedings
85B (1) It is an offence for a person to make, or attempt to make—
(a) an unauthorised recording, or
(b) an unauthorised transmission,
of an image or sound within subsection (2) or (3).
(2) An image or sound is within this subsection if it is an image or sound of court proceedings that is being transmitted to the place where the recording or transmission referred to in subsection (1) is made or attempted to be made.
(3) An image or sound is within this subsection if it is an image or sound of a person while that person is remotely attending court proceedings.
(4) A person is remotely attending court proceedings at any time when the person—
(a) is not in the same place as any member of the court, and
(b) is taking part in, watching or listening to the proceedings by way of a transmission.
(5) For the purposes of this section a recording or transmission is “unauthorised” unless it is—
(a) authorised (generally or specifically) by the court in which the proceedings concerned are being conducted, or
(b) authorised (generally or specifically) by the Lord Chancellor.
(6) It is a defence for a person charged with an offence under subsection (1) to prove that, at the time of the actual or attempted recording or transmission, the person—
(a) was not in designated live-streaming premises, and
(b) did not know that the image or sound concerned was of a sort within subsection (2) or (3).
(7) In subsection (6)(a), “designated live-streaming premises” has the meaning given by section 85A(4).
(8) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(9) Conduct that amounts to an offence under subsection (1) is also a contempt of court.
But a person cannot, in respect of the same conduct, be both convicted of the offence and punished for the contempt.
(10) For the purposes of this section it does not matter whether a person making, or attempting to make, a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.
(11) This section does not apply to proceedings in the Supreme Court.
(12) This section does not apply to court proceedings if provision regulating the procedure to be followed in those proceedings could be made by—
(a) an Act of the Scottish Parliament,
(b) an Act of Senedd Cymru (including one passed with the consent of a Minister of the Crown within the meaning of section 158(1) of the Government of Wales Act 2006), or
(c) an Act of the Northern Ireland Assembly passed without the consent of the Secretary of State.
(13) In this section—
“court” has the same meaning as in the Contempt of Court Act 1981 (see section 19 of that Act);
“court proceedings” means proceedings in any court;
“recording” means a recording on any medium—
of a single image, a moving image or any sound, or
from which a single image, a moving image or any sound may be produced or reproduced;
“transmission” means any transmission by electronic means of a single image, a moving image or any sound (and “transmitted” is to be construed accordingly).
200 Expansion of use of video and audio links in criminal proceedings
(1) In the Criminal Justice Act 2003, for section 51 substitute—
Directions for live links in criminal proceedings
51 (1) The court may, by a direction, require or permit a person to take part in eligible criminal proceedings through—
(a) a live audio link, or
(b) a live video link.
(2) A direction under this section may be given in relation to a member of a jury only if the direction requires all members of the jury to take part through a live video link while present at the same place.
(3) In this Part “eligible criminal proceedings” means—
(a) a preliminary hearing (see section 56(1)),
(b) a summary trial,
(c) a criminal appeal to the Crown Court and any proceedings that are preliminary or incidental to such an appeal,
(d) a trial on indictment or any other trial in the Crown Court for an offence,
(e) proceedings under section 4A or 5 of the Criminal Procedure (Insanity) Act 1964,
(f) proceedings under Part 3 of the Mental Health Act 1983,
(g) proceedings under—
(i) section 11 of the Powers of Criminal Courts (Sentencing) Act 2000, or
(ii) section 81(1)(g) of the Senior Courts Act 1981 or section 16 of this Act in respect of a person who has been remanded by a magistrates’ court on adjourning a case under that section of the 2000 Act,
(h) an appeal to the criminal division of the Court of Appeal and any proceedings that are preliminary or incidental to such an appeal,
(i) a reference to the Court of Appeal by the Attorney General under Part 4 of the Criminal Justice Act 1988 and any proceedings that are preliminary or incidental to such a reference,
(j) the hearing of a reference under section 9 or 11 of the Criminal Appeal Act 1995 and any proceedings that are preliminary or incidental to such a hearing,
(k) a hearing before a magistrates’ court or the Crown Court which is held after the defendant has entered a plea of guilty,
(l) a hearing under section 142(1) or (2) of the Magistrates’ Courts Act 1980,
(m) a hearing before the Court of Appeal under section 80 of this Act and any proceedings that are preliminary or incidental to such a hearing,
(n) any hearing following conviction held for the purpose of making a decision about bail in respect of the person convicted,
(o) a sentencing hearing (see section 56(1)), or
(p) an enforcement hearing (see section 56(1)).
(4) The court may not give a direction under this section unless—
(a) the court is satisfied that it is in the interests of justice for the person to whom the direction relates to take part in the proceedings in accordance with the direction through the live audio link or live video link,
(b) the parties to the proceedings have been given the opportunity to make representations, and
(c) if so required by section 52(9), the relevant youth offending team has been given the opportunity to make representations.
(5) In deciding whether to give a direction under this section, the court must consider—
(a) any guidance given by the Lord Chief Justice, and
(b) all the circumstances of the case.
(6) Those circumstances include in particular—
(a) the availability of the person to whom the direction would relate,
(b) any need for that person to attend in person,
(c) the views of that person,
(d) the suitability of the facilities at the place where that person would take part in the proceedings in accordance with the direction,
(e) whether that person would be able to take part in the proceedings effectively if the person took part in accordance with the direction,
(f) in the case of a direction relating to a witness—
(i) the importance of the witness’s evidence to the proceedings, and
(ii) whether the direction might tend to inhibit any party to the proceedings from effectively testing the witness’s evidence, and
(g) the arrangements that would or could be put in place for members of the public to see or hear the proceedings as conducted in accordance with the direction.
(2) In the Crime and Disorder Act 1998, omit Part 3A (live links in preliminary, sentencing and enforcement hearings).
(3) Schedule 20 makes further provision in connection with the provision made by subsections (1) and (2).
(1) In the Coronavirus Act 2020, sections 53 and 54 and Schedules 23 and 24 (which make temporary modifications that are superseded by the provision made by section 200) are repealed.
(2) In the Coronavirus Act 2020, section 55 and Schedule 25 (which make temporary modifications that are superseded by the provision made by sections 198 and 199) are repealed.
202 Expedited procedure for initial regulations about remote observation of proceedings
(1) This section applies in relation to the first regulations made under section 85A(8) of the Courts Act 2003 (as inserted by section 198(1)).
(2) The regulations may be made without a draft of the instrument containing them having been laid before and approved by a resolution of each House of Parliament (notwithstanding section 108(3) of the Courts Act 2003).
(3) If regulations are made in reliance on subsection (2), the statutory instrument containing them must be laid before Parliament after being made.
(4) Regulations contained in a statutory instrument laid before Parliament under subsection (3) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.
(5) In calculating the period of 28 days, no account is to be taken of any whole days that fall within a period during which—
(a) Parliament is dissolved or prorogued, or
(b) either House of Parliament is adjourned for more than four days.
(6) If regulations cease to have effect as a result of subsection (4), that does not—
(a) affect the validity of anything previously done under or by virtue of the regulations, or
(b) prevent the making of new regulations.
There is to be paid out of money provided by Parliament—
(a) any expenditure incurred under or by virtue of this Act by a Minister of the Crown, government department or other public authority, and
(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.
(1) The Secretary of State may by regulations made by statutory instrument make provision that is consequential on this Act.
(2) Regulations under subsection (1) may, in particular, amend, repeal or revoke any enactment passed or made before, or in the same Session as, this Act.
(3) In subsection (2) “enactment” includes—
(a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978,
(b) an enactment contained in, or in an instrument made under, an Act or Measure of Senedd Cymru,
(c) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, and
(d) an enactment contained in, or in an instrument made under, Northern Ireland legislation.
(4) Regulations under subsection (1)—
(a) may make different provision for different purposes;
(b) may make transitional, transitory or saving provision.
(5) A statutory instrument containing (whether alone or with any other provision) regulations under subsection (1) which amend, repeal or revoke primary legislation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(6) Any other statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.
(7) In this section “primary legislation” means—
(a) an Act of Parliament,
(b) an Act or Measure of Senedd Cymru,
(c) an Act of the Scottish Parliament, or
(d) Northern Ireland legislation.
206 Power to state effect in Sentencing Act 2020 of commencement of amendments made by this Act
The power in section 419(1) of the Sentencing Act 2020 (power to state effect of commencement provisions) applies in relation to any amendment or repeal made by or under this Act of that Act as it applies in relation to an amendment or repeal made by Schedule 22 to that Act.
(1) This Act extends to England and Wales only, subject to the following provisions of this section.
(2) The following provisions extend to England and Wales, Scotland and Northern Ireland—
(a) section 1;
(b) sections 37 to 44 (and Schedule 3);
(c) section 56(2);
(d) section 202;
(e) this Part, other than section 204 (and Schedule 21).
(3) Sections 89(3) to (7), 141 and 143 extend to England and Wales and Scotland.
(4) Section 161 extends to England and Wales and Northern Ireland.
(5) A provision of this Act which amends, repeals or revokes an enactment has the same extent within the United Kingdom as the enactment amended, repealed or revoked, subject to subsections (6) to (9).
(6) The following provisions extend to England and Wales only—
(a) section 54;
(b) sections 79, 81 and 83;
(c) section 85;
(d) section 90;
(e) section 165;
(f) sections 168 and 169;
(g) section 193;
(h) in Schedule 11, the amendments to the Rehabilitation of Offenders Act 1974 and the Police Act 1997.
(7) Sections 198 and 199 extend to England and Wales, Scotland and Northern Ireland.
(8) In Schedule 18—
(a) paragraphs 4 and 6 extend to England and Wales, Scotland and Northern Ireland, and
(b) paragraph 5 extends to England and Wales and Scotland only.
(9) Section 170 extends to Scotland only.
(10) Nothing in the preceding provisions of this section limits the extent within the United Kingdom of any provision made, or inserted, by or under this Act so far as it is applied (by whatever words) by or under the Armed Forces Act 2006.
(11) Subsections (1) and (2) of section 384 of the Armed Forces Act 2006 (extent outside the United Kingdom) apply to the armed forces provisions as those subsections apply to the provisions of that Act.
(12) The following are “armed forces provisions”—
(a) a provision made, or inserted, by or under this Act so far as it is applied (by whatever words) by or under the Armed Forces Act 2006;
(b) an amendment, modification or repeal made by or under this Act of—
(i) a provision of or made under the Armed Forces Act 2006,
(ii) a provision that amends, modifies or repeals a provision of, or made under, that Act, or
(iii) any other provision, so far as the provision is applied (by whatever words) by or under that Act.
(1) Except as provided by subsections (4) and (5), this Act comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.
(2) Regulations under subsection (1) may appoint different days for different purposes or areas.
(3) Subsection (1) is subject to sections 34, 161 and 166.
(4) The following provisions of this Act come into force on the day on which this Act is passed—
(a) section 4 for the purposes of making regulations;
(b) sections 8 to 12 (and Schedules 1 and 2) for the purposes of making regulations;
(c) section 13;
(d) section 14 for the purposes of making regulations;
(e) section 19 for the purposes of issuing guidance;
(f) section 20 for the purposes of making regulations;
(g) sections 22 and 23;
(h) sections 24 to 26 for the purposes of making regulations;
(i) section 31;
(j) section 32 for the purposes of issuing guidance;
(k) sections 34 to 36;
(l) section 71;
(m) section 72;
(n) section 82 for the purposes of making regulations;
(o) section 90 for the purposes of making regulations;
(p) section 132;
(q) sections 140 to 143;
(r) section 161(1) so far as relating to Part 2 of Schedule 17 (and that Part of that Schedule) for the purposes of making regulations;
(s) section 161(2) to (9);
(t) sections 163 and 164;
(u) section 165 for the purposes of issuing guidance and making regulations;
(v) section 166;
(w) section 167(2) to (4);
(x) section 189;
(y) section 190 for the purposes of making an order;
(z) section 191;
(aa) sections 198 and 199;
(ab) section 202;
(ac) this Part other than section 204 and Schedule 21.
(5) The following provisions of this Act come into force at the end of the period of two months beginning with the day on which this Act is passed—
(a) section 2;
(b) section 3;
(c) sections 47 and 50;
(d) section 51 (and Schedule 5);
(e) sections 52 and 53;
(f) section 54;
(g) section 58;
(h) section 59;
(i) sections 83 to 88 (and Schedule 8);
(j) sections 122 and 123;
(k) section 124 (and Schedule 12);
(l) sections 125 to 128;
(m) sections 130 and 131;
(n) section 135;
(o) section 138;
(p) sections 144 to 148;
(q) sections 150 and 151;
(r) section 153 (and Schedule 14);
(s) section 154 (and Schedule 15);
(t) sections 157 to 160 (and Schedule 16);
(u) section 161(1) so far as relating to Parts 1, 4 and 5 of Schedule 17 (and those Parts of that Schedule);
(v) section 162;
(w) sections 184 to 188 (and Schedule 19);
(x) sections 196 and 197;
(y) section 200 (and Schedule 20);
(z) section 201(1);
(aa) section 204 (and Schedule 21).
(6) The Secretary of State may by regulations made by statutory instrument make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.
SCHEDULE 1 Specified authorities and local government areas
Section 11
Local government
Specified authority | Local government area
A district council | The district
A county council in England for an area for which there are no district councils | The district which coincides with the council’s area or, if there is no such district, each district within the council’s area
Any other county council in England | Each district which falls within the council’s area
A London borough council | The London borough
The Common Council of the City of London in its capacity as a local authority | The City of London
The Council of the Isles of Scilly | The Isles of Scilly
A county council in Wales | The county
A county borough council in Wales | The county borough
Criminal justice
Specified authority | Local government area
A provider of probation services within the meaning given by section 3(6) of the Offender Management Act 2007 | Each local government area in which the provider operates
A youth offending team established under section 39 of the Crime and Disorder Act 1998 | Each local government area which is, or which falls within, the area of each local authority which established the team
Health and social care
Specified authority | Local government area
An integrated care board established under section 14Z25 of the National Health Service Act 2006 | Each local government area which, or any part of which, coincides with or falls within the board’s area
A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 | Each local government area which, or any part of which, coincides with or falls within the Board’s area
Police
Specified authority | Local government area
A chief officer of police for a police area in England and Wales | Each local government area which coincides with or falls within the police area
Fire and rescue authorities
Specified authority | Local government area
A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies | Each local government area which, or any part of which, coincides with or falls within the authority’s area
A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 | Each local government area which, or any part of which, coincides with or falls within the authority’s area
A metropolitan county fire and rescue authority | Each district which falls within the authority’s area
The London Fire Commissioner | Each London borough and the City of London
SCHEDULE 2 Educational, prison and youth custody authorities
Section 12
Educational authorities
Educational authority | Local government area
The governing body of— a community, foundation or voluntary school, or a community or foundation special school, other than a school which is used wholly for the purpose of providing education for children who are under compulsory school age | Each local government area in which the school is located
The proprietor (within the meaning given by section 579(1) of the Education Act 1996) of— an Academy school, a 16 to 19 Academy, or an alternative provision Academy | Each local government area in which the Academy is located
The proprietor (within the meaning given by section 579(1) of the Education Act 1996) of any school that has been approved under section 342 of the Education Act 1996, other than a school which is used wholly for the purpose of providing education for children who are under compulsory school age | Each local government area in which the school is located
The proprietor (within the meaning given by section 138(1) of the Education and Skills Act 2008) of any other independent educational institution registered under section 95(1) of that Act | Each local government area in which the educational institution is located
The proprietor (within the meaning given by section 579(1) of the Education Act 1996) of any other independent school registered under section 158 of the Education Act 2002 | Each local government area in which the school is located
The governing body of an educational establishment maintained by a local authority in Wales | Each local government area in which the educational establishment is located
The management committee of a pupil referral unit | Each local government area in which the pupil referral unit is located
Any other provider of education or training to which Chapter 3 of Part 8 of the Education and Inspections Act 2006 applies, other than a provider that— is registered under the register maintained by the Office for Students under section 3 of the Higher Education and Research Act 2017, and is not an institution within the further education sector as defined by section 91(3) of the Further and Higher Education Act 1992. | Each local government area in which education or training is provided by that provider
Prison authorities
Prison authority | Local government area
The governor of a prison in England and Wales (or, in the case of a contracted out prison within the meaning given by section 84(4) of the Criminal Justice Act 1991, its director) | The local government area in which the prison is located
Youth custody authorities
Youth custody authority | Local government area
The governor of a young offender institution (or, in the case of a contracted out young offender institution within the meaning given by sections 84(4) and 92(1) of the Criminal Justice Act 1991, its director) | The local government area in which the young offender institution is located
The governor of a secure training centre (or, in the case of a contracted out secure training centre within the meaning given by section 15 of the Criminal Justice and Public Order Act 1994, its director) | The local government area in which the secure training centre is located
The principal of a secure college | The local government area in which the secure college is located
The manager of a secure children’s home, within the meaning given by section 102(11) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which is used to accommodate children remanded or sentenced to custody after being charged with or convicted of an offence | The local government area in which the secure children’s home is located
SCHEDULE 3 Extraction of information from electronic devices: authorised persons
Section 44
PART 1 Authorised persons in relation to all purposes within section 37 or 41
A constable of a police force in England and Wales.
A member of staff appointed by the chief officer of police of a police force in England and Wales.
An employee of the Common Council of the City of London who is under the direction and control of a chief officer of police.
A constable within the meaning of Part 1 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) (see section 99 of that Act).
A member of staff appointed by the Scottish Police Authority under section 26(1) of the Police and Fire Reform (Scotland) Act 2012.
A police officer within the meaning of the Police (Northern Ireland) Act 2000 (see section 77(1) of that Act).
A constable of the British Transport Police Force.
An employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003.
A constable of the Ministry of Defence police.
A National Crime Agency officer.
A member of the Royal Navy Police, the Royal Military Police or the Royal Air Force Police.
A person who has been engaged to provide services consisting of or including the extraction of information from electronic devices for the purposes of the exercise of functions by a person listed in this Part of this Schedule.
PART 2 Authorised persons in relation to all purposes within section 37
...
A person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.
A person who is an enforcement officer by virtue of section 15 of the Gangmasters (Licensing) Act 2004.
A person who is an enforcement officer for the purposes of Part 5 of the Employment Rights Act 2025.
A person who has been engaged to provide services consisting of or including the extraction of information from electronic devices for the purposes of the exercise of functions by a person listed in this Part of this Schedule.
PART 3 Authorised persons in relation to the prevention of crime etc only
An officer of Revenue and Customs.
A person designated as a general customs official or a customs revenue official under the Borders, Citizenship and Immigration Act 2009 (see sections 3 and 11 of that Act).
An officer of the department of the Secretary of State for Business and Trade.
An officer of the department of the Secretary of State for Energy Security and Net Zero.
An officer of the department of the Secretary of State for Science, Innovation and Technology.
A member of the Serious Fraud Office.
A person appointed by the Financial Conduct Authority under the Financial Services and Markets Act 2000 to conduct an investigation.
An officer of the Competition and Markets Authority.
A person who is authorised by the Food Standards Agency to act in matters arising under or by virtue of the Food Safety Act 1990.
A person who is authorised for the purposes of Part 6 of the Social Security Administration Act 1992.
An inspector appointed under section 15 of the Child Support Act 1991.
A person designated by the Director General of the Independent Office for Police Conduct under paragraph 19(2) of Schedule 3 to the Police Reform Act 2002.
The Police Investigations and Review Commissioner.
A person designated by the Police Investigations and Review Commissioner under paragraph 7B(1) of Schedule 4 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10).
An officer appointed by the Police Ombudsman for Northern Ireland under section 56(1) or (1A) of the Police (Northern Ireland) Act 1998.
A person who is an enforcement officer by virtue of section 303 of the Gambling Act 2005.
A person who has been engaged to provide services consisting of or including the extraction of information from electronic devices for the purposes of the exercise of functions by a person listed in this Part of this Schedule.
Section 45
PART 1 Grant of pre-charge bail
Amendments to the Police and Criminal Evidence Act 1984 (c. 60)
1 The Police and Criminal Evidence Act 1984 is amended as follows.
2 (1) Section 30A (release of a person arrested elsewhere than at a police station) is amended as follows.
(2) For subsection (1) substitute—
(1) If subsection (1A) applies, a constable may release on bail a person who is arrested or taken into custody in the circumstances mentioned in section 30(1).
(3) In subsection (1A)(b), for “a police officer of the rank of inspector or above” substitute “a custody officer”.
(4) Before subsection (2) insert—
(1C) If subsection (1A) does not apply, a constable may release without bail a person who is arrested or taken into custody in the circumstances mentioned in section 30(1).
(5) In subsection (2), after “subsection (1)” insert “or (1C)”.
3 (1) Section 34 (limitations on police detention) is amended as follows.
(2) For subsection (5) substitute—
(5) A person whose release is ordered under subsection (2) must be released on bail if subsection (5A) applies.
(3) After subsection (5A) insert—
(5AA) A person whose release is ordered under subsection (2) must be released without bail if subsection (5A) does not apply.
(4) In subsection (5B)(a), after “subsection (5)” insert “or (5AA)”.
4 In section 36 (custody officers at police stations), after subsection (7B) insert—
(7C) The reference to a custody officer in section 30A(1A)(b) includes a reference to an officer other than a custody officer who is performing the functions of a custody officer by virtue of subsection (4) above.
5 (1) Section 37 (duties of custody officer before charge) is amended as follows.
(2) For subsection (2) substitute—
(2) If—
(a) the custody officer (“C”) determines that C does not have such evidence before C, and
(b) the pre-conditions for bail are satisfied,
the person arrested must be released on bail (subject to subsection (3)).
(3) After subsection (2) insert—
(2A) If—
(a) the custody officer (“C”) determines that C does not have such evidence before C, and
(b) the pre-conditions for bail are not satisfied,
the person arrested must be released without bail (subject to subsection (3)).
(4) In subsection (6A)(a), after “subsection (2)” insert “or (2A)”.
(5) In subsection (7), for paragraphs (b) and (c) (including the “or” at the end of paragraph (c)) substitute—
(b) shall be released—
(i) without charge, and
(ii) if the pre-conditions for bail are satisfied, on bail,
but not for the purpose mentioned in paragraph (a),
(c) shall be released—
(i) without charge, and
(ii) if the pre-conditions for bail are not satisfied, without bail, or
.
(6) In subsection (8A)(b), for “(c)” substitute “(b)”.
6 (1) Section 37CA (breach of bail following release under section 37(7)(c)) is amended as follows.
(2) In the section heading, for “section 37(7)(c)” substitute “section 37(7)(b)”.
(3) In subsection (1), for “section 37(7)(c)” substitute “section 37(7)(b)”.
(4) In subsection (2), for paragraph (b) substitute—
(b) shall be released—
(i) without charge, and
(ii) if the pre-conditions for bail are satisfied, on bail, or
(c) shall be released—
(i) without charge, and
(ii) if the pre-conditions for bail are not satisfied, without bail.
7 In section 37D(4A) (release on bail under section 37: further provision), for “section 37(7)(c)” substitute “section 37(7)(b)”.
8 In section 41(7) (release following period of detention without charge), for paragraphs (a) and (b) substitute—
(a) on bail, if the pre-conditions for bail are satisfied, or
(b) without bail, if those pre-conditions are not satisfied.
9 In section 42(10) (release following continued detention without charge), for paragraphs (a) and (b) and the words following those paragraphs substitute—
(a) on bail, if the pre-conditions for bail are satisfied, or
(b) without bail, if those pre-conditions are not satisfied,
subject to subsection (10A).
10 (1) Section 43 (warrants of further detention) is amended as follows.
(2) In subsection (15), for paragraphs (a) and (b) substitute—
(a) on bail, if the pre-conditions for bail are satisfied, or
(b) without bail, if those pre-conditions are not satisfied.
(3) In subsection (18), for paragraphs (a) and (b) substitute—
(a) on bail, if the pre-conditions for bail are satisfied, or
(b) without bail, if those pre-conditions are not satisfied.
11 In section 44(7) (release following extension of warrants of further detention), for paragraphs (a) and (b) substitute—
(a) on bail, if the pre-conditions for bail are satisfied, or
(b) without bail, if those pre-conditions are not satisfied.
12 (1) Section 47ZC (applicable bail period: conditions A to D) is amended as follows.
(2) In subsection (3)(a), for “section 37(7)(c)” substitute “section 37(7)(b)”.
(3) In subsection (4)(a), for “section 37(7)(c)” substitute “section 37(7)(b)”.
13 In section 50A (interpretation of references to pre-conditions for bail), for paragraph (b) substitute—
(b) that the custody officer has considered any representations made by the person or the person’s legal representative.
Amendments to the Criminal Justice Act 2003 (c. 44)
14 The Criminal Justice Act 2003 is amended as follows.
15 (1) Section 24A (arrest for failure to comply with conditions attached to conditional caution) is amended as follows.
(2) In subsection (2), for paragraphs (b) and (c) substitute—
(b) released without charge and on bail if—
(i) the release is to enable a decision to be made as to whether the person should be charged with the offence, and
(ii) the pre-conditions for bail are satisfied, or
(c) released without charge and without bail (with or without any variation in the conditions attached to the caution) if paragraph (b) does not apply.
(3) In subsection (3)(a), for “subsection (2)(c)” substitute “subsection (2)(b)”.
(4) In subsection (4), for “subsection (2)(c)” substitute “subsection (2)(b)”.
6 In section 24B(5) (application of PACE provisions), for “section 24A(2)(c)” substitute “section 24A(2)(b)”.
PART 2 Factors to be taken into account in deciding whether to grant pre-charge bail
17 In section 30A of the Police and Criminal Evidence Act 1984 (release of person arrested elsewhere than at police station), after subsection (1A) insert—
(1B) In determining whether releasing the person on bail is necessary and proportionate in all the circumstances, the constable must have regard in particular to—
(a) the need to secure that the person surrenders to custody,
(b) the need to prevent offending by the person,
(c) the need to safeguard victims of crime and witnesses, taking into account any vulnerabilities of any alleged victim of, or alleged witness to, the offence for which the person was arrested where these vulnerabilities have been identified by the constable,
(d) the need to safeguard the person, taking into account any vulnerabilities of the person where these vulnerabilities have been identified by the constable, and
(e) the need to manage risks to the public.
18 (1) Section 50A of the Police and Criminal Evidence Act 1984 (interpretation of references to pre-conditions for bail) is amended as follows.
(2) The existing text becomes subsection (1).
(3) After that subsection insert—
(2) In determining whether releasing the person on bail is necessary and proportionate in all the circumstances, the custody officer must have regard in particular to—
(a) the need to secure that the person surrenders to custody,
(b) the need to prevent offending by the person,
(c) the need to safeguard victims of crime and witnesses, taking into account any vulnerabilities of any alleged victim of, or alleged witness to, the offence for which the person was arrested where these vulnerabilities have been identified by the custody officer,
(d) the need to safeguard the person, taking into account any vulnerabilities of the person where these vulnerabilities have been identified by the custody officer, and
(e) the need to manage risks to the public.
PART 3 Duty to seek views of alleged victims
Amendments to the Bail Act 1976 (c. 63)
19 In section 3A of the Bail Act 1976 (conditions of bail in case of police bail), after subsection (6) insert—
(7) For further provision about the grant of bail by a custody officer under Part 4 of the Police and Criminal Evidence Act 1984 or the variation by a custody officer of the conditions of bail granted under that Part, see section 47ZZA of that Act.
Amendments to the Police and Criminal Evidence Act 1984 (c. 60)
20 The Police and Criminal Evidence Act 1984 is amended as follows.
21 (1) Section 30CA (bail under section 30A: variation of conditions by police) is amended as follows.
(2) After subsection (4) insert—
(4A) If it is reasonably practicable to do so, the investigating officer must seek the views of the alleged victim (if any) of the relevant offence on—
(a) whether any of the conditions that are relevant conditions should be varied under subsection (1), and
(b) if so, what variations should be made to those conditions.
(4B) The investigating officer must inform the relevant officer of any views obtained under subsection (4A).
(4C) If any of the conditions which are relevant conditions are varied under subsection (1), the investigating officer must, if it is reasonably practicable to do so, notify the alleged victim of the variations.
(4D) If the alleged victim of the relevant offence appears to the investigating officer to be vulnerable, subsections (4A) and (4C) apply as if references to the alleged victim of the offence were to a person appearing to the officer to represent the alleged victim.
(3) For subsection (5) substitute—
(5) In this section—
“investigating officer”, in relation to the relevant offence, means the constable or other person in charge of the investigation of the offence;
“relevant condition”, in relation to the relevant offence and an alleged victim of that offence, means a condition that relates to the safeguarding of the alleged victim;
“relevant offence” means the offence for which the person making the request under subsection (1) was under arrest when granted bail under section 30A(1);
“relevant officer”, in relation to a designated police station, means a custody officer but, in relation to any other police station—
means a constable who is not involved in the investigation of the relevant offence, if such a constable is readily available, and
if no such constable is readily available—
means a constable other than the one who granted bail to the person, if such a constable is readily available, and
if no such constable is readily available, means the constable who granted bail.
(6) For the purposes of this section a person (“P”) is an alleged victim of an offence if—
(a) an allegation has been made to a constable or other person involved in the investigation of the offence that P has suffered physical, mental or emotional harm, or economic loss, which was directly caused by the offence, and
(b) P is an individual.
(7) For the purposes of this section an alleged victim of an offence is vulnerable if the alleged victim—
(a) was aged under 18 at the time of the offence, or
(b) may have difficulty understanding a communication from an investigating officer under this section, or communicating effectively in response to it, by reason of—
(i) a physical disability or disorder,
(ii) a mental disorder within the meaning of the Mental Health Act 1983, or
(iii) a significant impairment of intelligence and social functioning.
22 After section 47 insert—
Duty to seek views of alleged victims on conditions of pre-charge bail
47ZZA (1) Subsections (2) to (5) apply if—
(a) a person has been arrested for an offence, and
(b) a custody officer proposes to release the person on bail under this Part (except section 37C(2)(b) or 37CA(2)(b)).
(2) If it is reasonably practicable to do so, the investigating officer must seek the views of the alleged victim (if any) of the offence on—
(a) whether relevant conditions should be imposed on the person’s bail, and
(b) if so, what relevant conditions should be imposed.
(3) In this section “relevant condition”, in relation to an offence and an alleged victim of that offence, means a condition that relates to the safeguarding of the alleged victim.
(4) The investigating officer must inform the custody officer of any views obtained under subsection (2).
(5) If the person is granted bail subject to relevant conditions, the investigating officer must, if it is reasonably practicable to do so, notify the alleged victim of the offence of those conditions.
(6) If the alleged victim of the offence appears to the investigating officer to be vulnerable, subsections (2) and (5) apply as if references to the alleged victim of the offence were to a person appearing to the officer to represent the alleged victim.
(7) Subsections (8) to (11) apply if—
(a) a person has been arrested for an offence,
(b) the person has been released on bail under this Part subject to conditions, and
(c) the person requests a custody officer to vary the conditions under section 3A(8) of the Bail Act 1976.
(8) If it is reasonably practicable to do so, the investigating officer must seek the views of the alleged victim (if any) of the offence on—
(a) whether any of the conditions that are relevant conditions should be varied, and
(b) if so, what variations should be made to those conditions.
(9) The investigating officer must inform the custody officer of any views obtained under subsection (8).
(10) If any of the conditions which are relevant conditions are varied, the investigating officer must, if it is reasonably practicable to do so, notify the alleged victim of the variations.
(11) If the alleged victim of the offence appears to the investigating officer to be vulnerable, subsections (8) and (10) apply as if references to the alleged victim of the offence were to a person appearing to the officer to represent the alleged victim.
(12) In this section “investigating officer”, in relation to an offence, means the constable or other person in charge of the investigation of the offence.
(13) For the purposes of this section a person (“P”) is an alleged victim of an offence if—
(a) an allegation has been made to a constable or other person involved in the investigation of the offence that P has suffered physical, mental or emotional harm, or economic loss, which was directly caused by the offence, and
(b) P is an individual.
(14) For the purposes of this section an alleged victim of an offence is vulnerable if the alleged victim—
(a) was aged under 18 at the time of the offence, or
(b) may have difficulty understanding a communication from an investigating officer under this section, or communicating effectively in response to it, by reason of—
(i) a physical disability or disorder,
(ii) a mental disorder within the meaning of the Mental Health Act 1983, or
(iii) a significant impairment of intelligence and social functioning.
Amendments to the Criminal Justice Act 2003 (c. 44)
23 In section 24B(3) of the Criminal Justice Act 2003 (arrest for failure to comply with conditions of conditional caution: application of PACE provisions)—
(a) before paragraph (a) insert—
(za) in section 30CA, omit subsections (4A) to (4D)
, and
(b) in paragraph (a), for the words from “in section 30CA(5)(a)” to “provision” substitute “in section 30CA(5), in paragraph (a) of the definition of “relevant officer”, for the reference to being involved in the investigation of the relevant offence”.
PART 4 Limits on period of bail without charge
24 The Police and Criminal Evidence Act 1984 is amended as follows.
25 In section 30B(8) (notice of release under section 30A: bail end date), for “28 days” substitute “3 months”.
26 (1) Section 47ZB (applicable bail period: initial limit) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a)—
(i) for “SFO case” substitute “FCA case, HMRC case, NCA case or SFO case”, and
(ii) for “3 months” substitute “6 months”, and
(b) in paragraph (b)—
(i) for “in an FCA case or any other case” substitute “in any other case”, and
(ii) for “28 days” substitute “3 months”.
(3) In subsection (4)—
(a) in paragraph (b)(ii), for “a senior officer” substitute “a member of staff of that Authority who is of the description designated for the purposes of this sub-paragraph by the Chief Executive of that Authority”,
(b) after paragraph (b) insert—
(ba) an “HMRC case” is a case in which—
(i) the relevant offence in relation to the person is being investigated by an officer of Revenue and Customs, and
(ii) an officer of Revenue and Customs confirms that sub-paragraph (i) applies,
(bb) an “NCA case” is a case in which—
(i) the relevant offence in relation to the person is being investigated by the National Crime Agency, and
(ii) a National Crime Agency officer confirms that sub-paragraph (i) applies,
,
(c) in paragraph (c)(ii), for “a senior officer” substitute “a member of the Serious Fraud Office”, and
(d) omit paragraph (d) and the “and” preceding that paragraph.
27 In section 47ZC (applicable bail period: conditions A to D in sections 47ZD to 47ZG), in subsection (6)—
(a) in paragraph (a), for “senior officer” substitute “relevant officer”,
(b) after paragraph (a) insert—
(aa) in relation to a condition which falls to be considered by virtue of section 47ZDA, the senior officer in question;
(ab) in relation to a condition which falls to be considered by virtue of section 47ZDB, the appropriate decision-maker in question,
, and
(c) in paragraph (b), for “appropriate decision-maker” substitute “qualifying police officer”.
28 (1) Section 47ZD (applicable bail period: extension of initial limit in standard cases) is amended as follows.
(2) In subsection (1)(c), for “senior officer” substitute “relevant officer”.
(3) In subsection (2)—
(a) for “senior officer” substitute “relevant officer”, and
(b) for “3 months” substitute “6 months”.
(4) In subsections (3) to (5), for “senior officer” substitute “relevant officer”.
(5) After subsection (5) insert—
(6) For the purposes of this Part “relevant officer” means a police officer of the rank of inspector or above.
29 After section 47ZD insert—
Applicable bail period: further extension of limit in standard cases
47ZDA (1) This section applies in relation to a person if—
(a) a relevant officer has authorised an extension of the applicable bail period in relation to the person under section 47ZD,
(b) that period has not ended, and
(c) a senior officer is satisfied that conditions A to D are met in relation to the person.
(2) The senior officer may authorise the applicable bail period in relation to the person to be extended so that it ends at the end of the period of 9 months beginning with the person’s bail start date.
(3) Before determining whether to give an authorisation under subsection (2) in relation to a person, the senior officer must arrange for the person or the person’s legal representative to be informed that a determination is to be made.
(4) In determining whether to give an authorisation under subsection (2) in relation to a person, the senior officer must consider any representations made by the person or the person’s legal representative.
(5) The senior officer must arrange for the person or the person’s legal representative to be informed whether an authorisation under subsection (2) has been given in relation to the person.
(6) For the purposes of this Part “senior officer” means a police officer of the rank of superintendent or above.
Applicable bail period: extension of limit in non-standard cases
47ZDB (1) This section applies in relation to a person if—
(a) the applicable bail period in relation to a person is the period mentioned in section 47ZB(1)(a),
(b) that period has not ended, and
(c) an appropriate decision-maker is satisfied that conditions A to D are met in relation to the person.
(2) The appropriate decision-maker may authorise the applicable bail period in relation to the person to be extended so that it ends at the end of the period of 12 months beginning with the person’s bail start date.
(3) Before determining whether to give an authorisation under subsection (2) in relation to a person, the appropriate decision-maker must arrange for the person or the person’s legal representative to be informed that a determination is to be made.
(4) In determining whether to give an authorisation under subsection (2) in relation to a person, the appropriate decision-maker must consider any representations made by the person or the person’s legal representative.
(5) The appropriate decision-maker must arrange for the person or the person’s legal representative to be informed whether an authorisation under subsection (2) has been given in relation to the person.
(6) For the purposes of this Part “appropriate decision-maker” means—
(a) in an FCA case, a member of staff of the Financial Conduct Authority who is of the description designated for the purposes of this section by the Chief Executive of that Authority,
(b) in an HMRC case, an officer of Revenue and Customs of a grade that is equivalent to the rank of superintendent or above,
(c) in an NCA case, a National Crime Agency officer of a grade that is equivalent to the rank of superintendent or above, and
(d) in an SFO case, a member of the Serious Fraud Office who is of the Senior Civil Service.
30 (1) Section 47ZE (applicable bail period: extension of limit in designated cases) is amended as follows.
(2) In subsection (1), for paragraphs (a) and (b) substitute “a senior officer has authorised an extension of the applicable bail period in relation to the person under section 47ZDA.”
(3) In subsection (2), for “A qualifying prosecutor” substitute “The Director of Public Prosecutions”.
(4) In subsection (3)—
(a) for “an appropriate decision-maker” substitute “a qualifying police officer”,
(b) for “the decision maker” substitute “the officer”, and
(c) for “6 months” substitute “12 months”.
(5) Omit subsection (4).
(6) In subsection (5)—
(a) in paragraph (a), for “appropriate decision-maker” substitute “qualifying police officer”, and
(b) for paragraph (b) substitute—
(b) the qualifying police officer must consult the Director of Public Prosecutions.
(7) In subsections (6) and (7), for “appropriate decision-maker” substitute “qualifying police officer”.
(8) In subsection (9) omit the definition of “qualifying prosecutor” and the “and” immediately before that definition.
31 (1) Section 47ZF (applicable bail period: first extension of limit by court) is amended as follows.
(2) In subsection (1)—
(a) omit paragraph (a),
(b) in paragraph (b), for “section 47ZD” substitute “section 47ZDA”,
(c) after paragraph (b) (but before the “or” at the end of that paragraph) insert—
(ba) an appropriate decision-maker has authorised an extension of the applicable bail period in relation to the person under section 47ZDB,
, and
(d) in paragraph (c), for “an appropriate decision-maker” substitute “a qualifying police officer”.
(3) In subsection (4)—
(a) in paragraph (a)—
(i) for “subsection (1)(a) or (b)” substitute “subsection (1)(b)”, and
(ii) for “6 months” substitute “12 months”, and
(b) in paragraph (b)—
(i) for “subsection (1)(c)” substitute “subsection (1)(ba) or (c)”, and
(ii) for “9 months” substitute “18 months”.
(4) In subsection (6)—
(a) in paragraph (a)—
(i) for “subsection (1)(a) or (b)” substitute “subsection (1)(b)”, and
(ii) for “9 months” substitute “18 months”, and
(b) in paragraph (b)—
(i) for “subsection (1)(c)” substitute “subsection (1)(ba) or (c)”, and
(ii) for “12 months” substitute “24 months”.
(5) In subsection (8), after paragraph (b) insert—
(ba) an officer of Revenue and Customs,
(bb) a National Crime Agency officer,
.
32 In section 47ZI (sections 47ZF to 47ZH: proceedings in magistrates’ court), in each of subsections (2)(a) and (3)(a), for “12 months” substitute “24 months”.
33 In section 47ZM(2) (applicable bail period: special case of release on bail under section 30A), for “28 days”, in both places, substitute “3 months”.
PART 5 Police detention after arrest for breach of pre-charge bail etc
34 The Police and Criminal Evidence Act 1984 is amended as follows.
35 In section 41 (limits on period of detention without charge), after subsection (12) insert—
(13) Section 47(6) and (6A) makes further provision about the calculation of a period of police detention for the purposes of this Part.
36 In section 47 (bail after arrest), after subsection (6) insert—
(6A) Where a person has been arrested under section 46A above (other than in a case within subsection (1ZA) or (1ZB) of that section) the period of 3 hours beginning with the time at which the person arrives at a police station following the arrest is not to be included as part of any period of police detention which falls to be calculated in relation to the person under this Part of this Act.
PART 6 Guidance on pre-charge bail
37 In the Police and Criminal Evidence Act 1984, after section 50A insert—
Guidance from the College of Policing on pre-charge bail
50B (1) The College of Policing may, with the approval of the Secretary of State, issue guidance on bail that is granted to a person under Part 3 or this Part (“pre-charge bail”).
(2) Guidance on pre-charge bail may in particular cover—
(a) the exercise of powers to release a person on pre-charge bail;
(b) the exercise of powers to impose or vary conditions of pre-charge bail;
(c) the exercise of powers to arrest a person—
(i) for failing to answer pre-charge bail, or
(ii) for breaching any conditions of pre-charge bail;
(d) the exercise of powers to extend the period of pre-charge bail;
(e) the duty to seek the views of alleged victims about conditions of pre-charge bail.
(3) The College of Policing may, with the approval of the Secretary of State, from time to time revise the whole or any part of its guidance on pre-charge bail.
(4) Before issuing or revising guidance on pre-charge bail, the College of Policing must consult—
(a) the National Police Chiefs’ Council,
(b) such persons as appear to the College to represent the views of local policing bodies, and
(c) such other persons as the College thinks fit.
(5) The Secretary of State must lay before Parliament any guidance on pre-charge bail issued by the College of Policing, and any revision of such guidance.
(6) The Secretary of State is not required by subsection (5) to lay before Parliament, or may exclude from what is laid, anything the publication of which, in the opinion of the Secretary of State—
(a) could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, or
(b) could jeopardise the safety of any person.
(7) A person who exercises functions relating to pre-charge bail must have regard to the guidance.
(8) But subsection (7) does not apply to—
(a) a member of the Serious Fraud Office,
(b) a member of staff of the Financial Conduct Authority,
(c) an officer of Revenue and Customs, or
(d) a National Crime Agency officer.
(9) A failure on the part of a person to whom subsection (7) applies to comply with the guidance does not of itself render the person liable to any criminal or civil proceedings.
(10) But guidance on pre-charge bail is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to comply with it in determining a question in the proceedings.
Section 51
1 The Crime (Overseas Production Orders) Act 2019 is amended as follows.
2 (1) Section 3 (meaning of “electronic data” and “excepted electronic data”) is amended as follows.
(2) In subsection (4), at the end insert “, other than communications data to which subsection (4A) applies”.
(3) After subsection (4) insert—
(4A) This subsection applies to communications data which is comprised in, included as part of, attached to or logically associated with electronic data which, apart from this subsection, may be specified or described in the application for the overseas production order.
3 In section 5(3) (content of order: requirements fulfilled by reference to part only of data sought) for “4(5) or (7)” substitute “4(5), (6) or (7)”.
4 (1) Section 9 (restrictions on service of order) is amended as follows.
(2) In subsection (2), after “the Secretary of State” insert “or a prescribed person”.
(3) In subsection (3), after “the Lord Advocate” insert “or a prescribed person”.
(4) In subsection (4)—
(a) for “The Secretary of State or, as the case may be, the Lord Advocate” substitute “A person”, and
(b) for “the Secretary of State or the Lord Advocate” substitute “that person”.
(5) After subsection (4) insert—
(5) In this section “prescribed person”—
(a) in relation to an overseas production order made in England and Wales or Northern Ireland, means a person prescribed by regulations made by the Secretary of State;
(b) in relation to an overseas production order made in Scotland, means a person prescribed by regulations made by the Lord Advocate.
5 (1) Section 14 (means of service) is amended as follows.
(2) In subsection (3)(d)—
(a) in sub-paragraph (i), after “the Secretary of State” insert “or a prescribed person”, and
(b) in sub-paragraph (ii), after “the Lord Advocate” insert “or a prescribed person”.
(3) After subsection (5) insert—
(6) In this section “prescribed person”—
(a) in relation to an order, notice or other document made or issued in England and Wales or Northern Ireland, means a person prescribed by regulations made by the Secretary of State;
(b) in relation to an order, notice or other document made or issued in Scotland, means a person prescribed by regulations made by the Lord Advocate.
6 In section 15(3) (modifications of section 9 in the case of an order made on application by the service police)—
(a) in paragraph (g)—
(i) omit the “and” at the end of sub-paragraph (i), and
(ii) at the end of sub-paragraph (ii) insert
, and
(iii) subsection (5) defined “prescribed person” as a person prescribed by regulations made by the Secretary of State;
, and
(b) for paragraph (h) substitute—
(h) section 14 is to be read as if—
(i) the reference in subsection (1)(c) to a court in England and Wales, Scotland or Northern Ireland included the Court Martial,
(ii) subsection (3)(d) referred only to arrangements made by the Secretary of State or a prescribed person, and
(iii) subsection (6) defined “prescribed person” as a person prescribed by regulations made by the Secretary of State.
7 (1) Section 17 (regulations) is amended as follows.
(2) In subsection (2), for “or 4(1)(b)” substitute “, 4(1)(b), 9(5) or 14(6)”.
(3) After subsection (5) insert—
(6) Regulations made by the Lord Advocate under section 9(5) or 14(6) are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
SCHEDULE 6 Special procedure for access to material relating to human remains
Section 56
Making of orders by judge
1 (1) On an application made by a constable, a judge may make an order under paragraph 2 if the judge is satisfied that the following conditions are met.
(2) The first condition is that there are reasonable grounds for believing that material that consists of, or may relate to the location of, relevant human remains—
(a) is in the possession or control of a person specified in the application, or
(b) is on premises occupied or controlled by a person specified in the application.
(3) The second condition is that there are reasonable grounds for believing that the material consists of or includes excluded material or special procedure material.
(4) The third condition is that there are reasonable grounds for believing that the material does not consist of or include items subject to legal privilege.
(5) The fourth condition is that other methods of obtaining the material—
(a) have been tried without success, or
(b) have not been tried because it appeared that they were bound to fail.
(6) The fifth condition is that it is in the public interest, having regard—
(a) to the need to ensure that human remains are located and disposed of in a lawful manner, and
(b) to the circumstances under which the person in possession of the material holds it,
that the material should be produced or access to it should be given.
2 (1) An order under this paragraph is an order that, before the end of the relevant period, the person specified in the application must—
(a) produce the material to a constable for the constable to take it away, or
(b) give a constable access to it.
(2) In sub-paragraph (1) “the relevant period” means 7 days from the date of the order or such longer period as the order may specify.
3 Where the material consists of information stored in any electronic form—
(a) an order under paragraph 2(1)(a) has effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible or legible form, and
(b) an order under paragraph 2(1)(b) has effect as an order to give a constable access to the material in a form in which it is visible and legible.
4 For the purposes of sections 21 and 22 of the Police and Criminal Evidence Act 1984, material produced in pursuance of an order under paragraph 2(1)(a) is to be treated as if it were material seized by a constable.
Notices of applications for orders
5 (1) An application for an order under paragraph 2 that relates to material that consists of or includes journalistic material is to be made inter partes.
(2) Notice of an application for an order under paragraph 2 that relates to such material may be served on a person—
(a) by delivering it to the person,
(b) by leaving it at the person’s proper address, or
(c) by sending it by post to the person in a registered letter or by a recorded delivery service.
(3) Notice of an application for an order under paragraph 2 that relates to such material may be served—
(a) on a body corporate, by serving it on the body’s secretary or clerk or other similar officer;
(b) on a partnership, by serving it on one of the partners.
(4) For the purposes of sub-paragraph (2), and of section 7 of the Interpretation Act 1978 in its application to that sub-paragraph, the proper address of a person—
(a) in the case of a secretary or clerk or other similar officer of a body corporate, is that of the registered or principal office of that body;
(b) in the case of a partner of a firm is that of the principal office of the firm;
(c) in any other case is the last known address of the person to be served.
6 (1) Where notice of an application for an order under paragraph 2 has been served on a person, the person must not conceal, destroy, alter or dispose of the material to which the application relates until sub-paragraph (2) applies except—
(a) with the leave of a judge, or
(b) with the written permission of a constable.
(2) This paragraph applies when—
(a) the application is dismissed or abandoned, or
(b) the person has complied with an order under paragraph 2 made on the application.
Failure to comply with order
7 (1) If a person fails to comply with an order under paragraph 2, a judge may deal with the person as if the person had committed a contempt of the Crown Court.
(2) Any enactment relating to contempt of the Crown Court has effect in relation to such a failure as if it were such a contempt.
Issue of warrants by judge
8 (1) On an application made by a constable, a judge may issue a warrant authorising a constable to enter and search premises if the judge is satisfied that the conditions in this paragraph are met.
(2) The first condition is that there are reasonable grounds for believing that there is material on the premises mentioned in sub-paragraph (5) below that consists of, or may relate to the location of, relevant human remains.
(3) The second condition is that each of the conditions set out in paragraph 1(3) to (6) is met in relation to the material.
(4) The third condition is that there are reasonable grounds for believing, in relation to each set of premises specified in the application—
(a) that it is not practicable to communicate with any person entitled to grant entry to the premises,
(b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the material,
(c) that the material on the premises contains information which—
(i) is subject to a restriction on disclosure or an obligation of secrecy contained in any enactment, including an enactment contained in an Act passed after this Act, and
(ii) is likely to be disclosed in breach of it if a warrant is not issued, or
(d) that service of notice of an application for an order under paragraph 2 may seriously prejudice the purpose of the search.
(5) The premises referred to in sub-paragraph (2) are—
(a) one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”), or
(b) any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).
9 If the application is for an all premises warrant, the judge must also be satisfied—
(a) that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application, as well as those which are, in order to find the material in question, and
(b) that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched.
10 (1) The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the judge is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the judge issues the warrant.
(2) If the warrant authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.
11 A constable may—
(a) seize and retain anything for which a search has been authorised under paragraph 8, and
(b) if necessary, use reasonable force in the exercise of a power conferred by a warrant issued under that paragraph.
Procedural rules
12 Criminal Procedure Rules may make provision about proceedings under this Schedule, other than proceedings for an order under paragraph 2 that relates to material that consists of or includes journalistic material.
Costs
13 The costs of any application under this Schedule and of anything done or to be done in pursuance of an order made under it shall be in the discretion of the judge.
Interpretation
14 In this Schedule—
“journalistic material” has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 13 of that Act);
“judge” means a Circuit judge, a qualifying judge advocate (within the meaning of the Senior Courts Act 1981) or a District Judge (Magistrates’ Courts).
SCHEDULE 7 Expedited public spaces protection orders
Section 82
1 The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.
2 In the heading of Chapter 2 of Part 4, at the end insert “and expedited orders”.
3 In the italic heading before section 59, at the end insert “and expedited orders”.
4 In the heading of section 59 (power to make orders), before “orders” insert “public spaces protection”.
5 In the heading of section 60 (duration of orders), after “of” insert “public spaces protection”.
6 (1) Section 61 (variation and discharge of orders) is amended as follows.
(2) In subsection (1), in the words before paragraph (a), after “protection order” insert “or expedited order”.
(3) In subsection (2), for “make a variation under subsection (1)(a)” substitute “under subsection (1)(a) make a variation to a public spaces protection order”.
(4) After subsection (2) insert—
(2A) A local authority may under subsection (1)(a) make a variation to an expedited order that results in the order applying to an area to which it did not previously apply only if the conditions in section 59A(2) to (4) are met as regards that area.
(5) In subsection (3), after “59(5)” insert “or 59A(6) (as the case may be)”.
(6) In subsection (4), after “order” insert “or expedited order”.
7 (1) Section 62 (premises etc to which alcohol prohibition does not apply) is amended as follows.
(2) In subsection (1), in the words before paragraph (a), after “order” insert “or expedited order”.
(3) In subsection (2), in the words before paragraph (a), after “order” insert “or an expedited order”.
8 In section 63 (consumption of alcohol in breach of prohibition order), in subsection (1)—
(a) in paragraph (a), after “order” insert “or an expedited order”;
(b) in the words after paragraph (b) omit “public spaces protection”.
9 (1) Section 64 (orders restricting public right of way over highway) is amended as follows.
(2) In subsection (1), in the words before paragraph (a), after “order” insert “or expedited order”.
(3) After subsection (1) insert—
(1A) Before making a public spaces protection order that restricts the public right of way over a highway, a local authority must take the prior consultation steps (see subsection (2)).
(1B) A local authority may not make an expedited order that restricts the public right of way over a highway unless it—
(a) takes the prior consultation steps before making the order, or
(b) takes the subsequent consultation steps (see subsection (2A)) as soon as reasonably practicable after making the order.
(4) In subsection (2), for the words from “Before” to “must” substitute “To take the “prior consultation steps” in relation to an order means to”.
(5) After subsection (2) insert—
(2A) To take the “subsequent consultation steps” in relation to an expedited order means to—
(a) notify potentially affected persons of the order,
(b) invite those persons to make representations within a specified period about the terms and effects of the order,
(c) inform those persons how they can see a copy of the order, and
(d) consider any representations made.
The definition of “potentially affected persons” in subsection (2) applies to this subsection as if the reference there to “the proposed order” were to “the order”.
(6) After subsection (3) insert—
(3B) Where a local authority proposes to make an expedited order restricting the public right of way over a highway that is also within the area of another local authority it must, if it thinks appropriate to do so, consult that other authority before, or as soon as reasonably practicable after, making the order.
(7) In subsections (4), (5), (6), (7) and (8), after “order” insert “or expedited order”.
10 In section 65 (categories of highway over which public right of way may not be restricted), in subsection (1), in the words before paragraph (a), after “order” insert “or an expedited order”.
11 (1) Section 66 (challenging validity of orders) is amended as follows.
(2) In subsections (1) and (6), after “public spaces protection order”, in each place it occurs, insert “or an expedited order”.
(3) In subsection (7), in the words before paragraph (a)—
(a) after “order”, in the first place it occurs, insert “or an expedited order”;
(b) for “a public spaces protection”, in the second place it occurs, substitute “such an”.
12 (1) Section 67 (offence of failing to comply with order) is amended as follows.
(2) In subsections (1) and (4), after “order”, in each place it occurs, insert “or an expedited order”.
(3) In subsection (3), after “order” insert “or expedited order”.
13 (1) Section 68 (fixed penalty notices) is amended as follows.
(2) In subsection (1), at the end insert “or an expedited order”.
(3) In subsection (3), at the end insert “or expedited order”.
14 In section 70 (byelaws), after “protection order” insert “or an expedited order”.
15 (1) Section 71 (bodies other than local authorities with statutory functions in relation to land) is amended as follows.
(2) In subsections (3) to (5), after “public spaces protection order”, in each place it occurs, insert “or an expedited order”.
(3) In subsection (6)—
(a) in paragraph (a), after “order” insert “or expedited order”;
(b) in paragraph (b)(i), after “order” insert “, or an expedited order,”.
16 In the heading of section 72 (Convention rights, consultation, publicity and notification), at the beginning insert “Public spaces protection orders:”
17 (1) Section 74 (interpretation of Chapter 2 of Part 4) is amended as follows.
(2) In subsection (1)—
(a) at the appropriate places insert—
“16 to 19 Academy” has the meaning given by section 1B of the Academies Act 2010;
;
“expedited order” has the meaning given by section 59A(1);
;
“Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;
;
“NHS body” has the meaning given in section 275 of the National Health Service Act 2006;
;
“school” has the meaning given by section 4 of the Education Act 1996.
;
(b) for the definition of “restricted area” substitute—
“restricted area”—
in relation to a public spaces protection order, has the meaning given by section 59(4);
in relation to an expedited order, has the meaning given by section 59A(5).
(3) After subsection (2) insert—
(3) For the purposes of this Chapter, an expedited order “regulates” an activity if the activity is—
(a) prohibited by virtue of section 59A(5)(a), or
(b) subjected to requirements by virtue of section 59A(5)(b),
whether or not for all persons and at all times.
SCHEDULE 8 Road traffic offences: minor and consequential amendments
Section 88
Road Traffic Act 1988 (c. 52)
1 (1) The Road Traffic Act 1988 is amended as follows.
(2) In section 12E (effect of motor race order), in the table in subsection (3)—
(a) after the entry relating to section 2B of the Road Traffic Act 1988 (causing death by careless, or inconsiderate, driving), insert—
Section 2C | Causing serious injury by careless, or inconsiderate, driving
(b) in the entry relating to section 3ZB (causing death by driving: unlicensed, disqualified or uninsured drivers), in the second column omit “, disqualified”, and
(c) after the entry relating to section 3ZB insert—
Section 3ZC | Causing death by driving: disqualified drivers
Section 3ZD | Causing serious injury by driving: disqualified drivers
(3) In section 12H (races and trials of speed in Scotland: further provision), in subsection (3), after “2B” insert “, 2C”.
(4) In section 13A(1) (disapplication of sections 1 to 3 for authorised motoring events), after “2B” insert “, 2C”.
Road Traffic Offenders Act 1988 (c. 55)
2 (1) The Road Traffic Offenders Act 1988 is amended as follows.
(2) In section 24 (alternative verdicts: general), in subsection (1), in the table—
(a) in the entry relating to section 1A of the Road Traffic Act 1988 (causing serious injury by dangerous driving), in the second column, after “Section 2 (dangerous driving)” insert “Section 2C (causing serious injury by careless, or inconsiderate, driving)”, and
(b) after the entry relating to section 2B of that Act (causing death by careless, or inconsiderate, driving), insert—
Section 2C (causing serious injury by careless, or inconsiderate, driving) | Section 3 (careless, and inconsiderate, driving
(3) In Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply), in the table after paragraph 4, after the entry relating to section 2B of the Road Traffic Act 1988 (causing death by careless, or inconsiderate, driving) insert—
RTA section 2C | Causing serious injury by careless, or inconsiderate, driving | Sections 11 and 12(1) of this Act
Crime (International Co-operation) Act 2003 (c. 32)
3 In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act 2003 (application of duty to give notice of driving disqualification to Republic of Ireland), after sub-paragraph (ba) insert—
(bb) section 2C (causing serious injury by careless, or inconsiderate, driving),
.
Armed Forces Act 2006 (c. 52)
4 In paragraph 12(aj) of Schedule 2 to the Armed Forces Act 2006 (road traffic offences in relation to which duty to notify service police of possible corresponding service offence arises)—
(a) after “1A,” insert “2C,”, and
(b) after “injury by dangerous driving,” insert “causing serious injury by careless, or inconsiderate, driving,”.
SCHEDULE 9 Surrender of licences and test certificates by new drivers
Section 95
1 The Road Traffic (New Drivers) Act 1995 is amended as follows.
2 (1) Section 2 (surrender of licences) is amended as follows.
(2) For the heading substitute “Persons to whom section 3(1) applies”.
(3) Before subsection (1), insert—
(A1) Section 3(1) (revocation of licences) applies to a person who—
(a) is the holder of a licence, and
(b) satisfies the conditions in subsection (1) or (3).
(4) In subsection (1)—
(a) for “Subsection (2) applies where—” substitute “A person satisfies the conditions in this subsection if—”;
(b) omit paragraph (a);
(c) in paragraph (b), for “he” substitute “the person”;
(d) after paragraph (d), insert—
(da) the Secretary of State is required under section 44A(2) of that Act to endorse the person’s driving record with particulars of the offence and the penalty points to be attributed to it;
;
(e) in paragraph (e)—
(i) after “person’s” insert “driving record or”;
(ii) omit “, or that date has been shown by other evidence in the proceedings”;
(f) in paragraph (f), for “court” substitute “Secretary of State”.
(5) Omit subsection (2).
(6) In subsection (3)—
(a) for “Subsection (4) applies where—” substitute “A person satisfies the conditions in this subsection if—”;
(b) for paragraph (a), substitute—
(a) the person has been given a fixed penalty notice under section 54 of the Road Traffic Offenders Act 1988 or a conditional offer has been issued to the person under section 75 of that Act;
;
(c) for paragraph (c), substitute—
(c) the Secretary of State is required under section 57A(5) or 77A(2) of that Act to endorse the person’s driving record with particulars of the offence and the penalty points to be attributed to it;
;
(d) in paragraph (d), for “appropriate person” substitute “Secretary of State”;
(e) in paragraph (e), after the first “the” insert “person’s driving record or”;
(f) in paragraph (f), for “appropriate person” substitute “Secretary of State”.
(7) Omit subsection (4).
(8) Omit subsection (7).
3 (1) Section 3 (revocation of licences) is amended as follows.
(2) For subsection (1) substitute—
(1) The Secretary of State must, in the case of a person to whom this subsection applies (see section 2), by notice served on the person revoke the person’s licence.
(3) Omit subsection (1ZA).
(4) In subsection (1A)—
(a) in the words before paragraph (a), omit “or (1ZA)”;
(b) in paragraph (b), at the beginning insert “if the Secretary of State is already in receipt of it,”.
(5) In subsection (1B), omit “or (1ZA)”.
4 After section 3 insert—
Surrender of licences
3A (1) Where—
(a) the Secretary of State is required under section 3(1) or (1B) to serve a notice on a person revoking the person’s licence, and
(b) the Secretary of State is not already in receipt of the licence,
the notice may also require the person to surrender the licence to the Secretary of State before the end of the period of 28 days beginning with the date on which the notice is served.
(2) A person who, without reasonable excuse, fails to comply with a requirement imposed under subsection (1)—
(a) is guilty of an offence, and
(b) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) Where the Secretary of State receives a Northern Ireland licence pursuant to a requirement to surrender it imposed under subsection (1), the Secretary of State must send it to the licensing authority in Northern Ireland.
5 In section 9, for subsection (5) (interpretation: address for sending licences, test certificates etc) substitute—
(5) Any requirement under any provision of this Act that—
(a) a licence, a test certificate or a notice must be sent to the Secretary of State, or
(b) a licence or a test certificate must be surrendered to the Secretary of State,
is a requirement that the licence, test certificate or notice must be sent, or the licence or test certificate must be surrendered, to the Secretary of State at such address as the Secretary of State may determine.
6 (1) Schedule 1 (newly qualified drivers holding test certificates) is amended as follows.
(2) Omit—
(a) paragraph 1(2A);
(b) paragraph 2(1);
(c) paragraph 3 and the heading before it;
(d) paragraph 4 and the italic heading before it.
(3) In paragraph 5—
(a) for sub-paragraph (1) substitute—
(1) Where—
(a) there is a person to whom this Part of this Schedule applies,
(b) the person satisfies the conditions in section 2(1)(b) to (da) and (f) or (3)(a) to (d) and (f),
(c) the Secretary of State is satisfied that the person has been issued with a test certificate, and
(d) the person’s driving record, licence or test certificate shows the date on which the person became a qualified driver,
the Secretary of State must by notice served on the person revoke the person’s test certificate and this sub-paragraph applies to the person instead of section 3(1).
;
(b) omit sub-paragraph (1ZA);
(c) in sub-paragraph (1A)—
(i) omit “or (1ZA)”;
(ii) after “with” insert “, if the Secretary of State is already in receipt of it,”;
(d) in sub-paragraph (1B), omit “or (1ZA)”.
(4) After paragraph 5 insert—
Surrender of test certificate
5A (1) Where—
(a) the Secretary of State is required under paragraph 5(1) or (1B) to serve a notice on a person revoking the person’s test certificate, and
(b) the Secretary of State is not already in receipt of the test certificate,
the notice may also require the person to surrender the test certificate to the Secretary of State before the end of the period of 28 days beginning with the date on which the notice is served.
(2) A person who, without reasonable excuse, fails to comply with a requirement imposed under sub-paragraph (1)—
(a) is guilty of an offence, and
(b) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) Where the Secretary of State receives a Northern Ireland test certificate pursuant to a requirement to surrender it imposed under sub-paragraph (1), the Secretary of State must send it to the licensing authority in Northern Ireland.
(5) In paragraph 6(1), omit “or (1ZA)”.
(6) Omit paragraph 7 and the italic heading before it.
(7) In paragraph 8—
(a) for sub-paragraph (1) substitute—
(1) Where—
(a) there is a person to whom this Part of this Schedule applies,
(b) the person satisfies the conditions in section 2(1)(b) to (da) and (f) or (3)(a) to (d) and (f),
(c) the Secretary of State is satisfied that the person has been issued with a test certificate, and
(d) the person’s driving record, licence or test certificate shows the date on which the person became a qualified driver,
the Secretary of State must by notice served on the person revoke the person’s licence and test certificate and this sub-paragraph applies to the person instead of section 3(1).
;
(b) omit sub-paragraph (1ZA);
(c) in sub-paragraph (1A)—
(i) omit “or (1ZA)”, and
(ii) for “the Northern Ireland licence and the Northern Ireland test certificate” substitute
—
(a) if the Secretary of State is already in receipt of it, the Northern Ireland licence, and
(b) if the Secretary of State is already in receipt of it, the Northern Ireland test certificate.
;
(d) in sub-paragraph (1B), omit “or (1ZA)”.
(8) After paragraph 8 insert—
Surrender of licence and test certificate
8A (1) Where—
(a) the Secretary of State is required under paragraph 8(1) or (1B) to serve a notice on a person revoking the person’s licence and test certificate, and
(b) the Secretary of State is not already in receipt of the licence or test certificate,
the notice may also require the person to surrender the licence, or test certificate, or both (as the case may be) to the Secretary of State before the end of the period of 28 days beginning with the date on which the notice is served.
(2) A person who, without reasonable excuse, fails to comply with a requirement imposed under sub-paragraph (1)—
(a) is guilty of an offence, and
(b) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) Where the Secretary of State receives a Northern Ireland licence or a Northern Ireland test certificate pursuant to a requirement to surrender it imposed under sub-paragraph (1), the Secretary of State must send it to the licensing authority in Northern Ireland.
(9) In paragraph 9(1), omit “or (1ZA)”.
(10) In paragraph 10(a), omit “or (1ZA)” in both places.