137 Power to change test for release of fixed-term prisoners following recall
(1) The Criminal Justice Act 2003 is amended as follows.
(2) After section 256AZA insert—
Power to change test for release following recall
256AZB (1) The Secretary of State may by order change—
(a) the test to be applied by the Secretary of State in deciding under section 255A whether a person is suitable for automatic release;
(b) the test to be applied by the Secretary of State in deciding whether to release a person under section 255B(2) or 255C(2);
(c) the test to be applied by the Board in deciding whether to give a direction for a person’s release when determining a reference under section 255B(4), 255C(4) or 256A(1A) or (2).
(2) An order under subsection (1) may in particular—
(a) apply to a person recalled before the day on which the order comes into force (as well as to a person recalled on or after that day);
(b) amend this Chapter.
(3) In section 330(5)(a) (orders subject to affirmative procedure), at the appropriate place insert—
section 256AZB,
.
138 Imprisonment for public protection etc: duty to refer person released on licence to Parole Board
(1) Section 31A of the Crime (Sentences) Act 1997 (imprisonment or detention for public protection: termination of licences) is amended in accordance with subsections (2) to (6).
(2) In subsection (2)(a), after “Chapter” insert “(whether or not the prisoner has subsequently been recalled to prison under section 32)”.
(3) For subsection (3) substitute—
(3) Where—
(a) the prisoner has been released on licence under this Chapter (whether or not the prisoner has subsequently been recalled to prison under section 32);
(b) the qualifying period has expired; and
(c) if the Secretary of State has made a previous reference of the prisoner’s case under this subsection, the period of twelve months beginning with the day of the disposal of that reference has expired,
the Secretary of State must refer the prisoner’s case to the Parole Board under this subsection.
(4) In subsection (4)—
(a) in the words before paragraph (a), for “an application” substitute “a reference”, and
(b) in paragraph (b), for “application” substitute “reference”.
(5) After subsection (4) insert—
(4A) A reference under subsection (3) must be made, and a reference under that subsection must be determined by the Parole Board under subsection (4), even if at the time of the reference or determination the prisoner is in prison having been recalled under section 32.
(4B) If at the time of the determination the prisoner is in prison having been recalled under section 32—
(a) subsection (2) does not apply, and
(b) subsection (4)(a) has effect as if it required the Parole Board—
(i) to determine whether it is satisfied that it is not necessary for the protection of the public for the prisoner, when released, to be released on licence in respect of the preventative sentence or sentences, and
(ii) if it is so satisfied, to direct the Secretary of State accordingly.
(4C) Where the Parole Board gives a direction under subsection (4B)(b)(ii)—
(a) if at any time the Board directs the prisoner’s release under section 28, that section has effect in relation to the prisoner as if, in subsection (5), for “to release him on licence” there were substituted “to release the prisoner unconditionally”, and
(b) if at any time the Board directs the prisoner’s release under section 32, that section has effect in relation to the prisoner as if, in subsection (5), for “immediate release on licence” there were substituted “immediate unconditional release”.
(6) In subsection (5), in the definition of “the qualifying period”, after “on licence” insert “(whether or not the prisoner has subsequently been recalled to prison under section 32)”.
(7) Subsection (8) applies to an application made by a person under section 31A(3) of the Crime (Sentences) Act 1997 before this section comes into force.
(8) If the application has not been determined when this section comes into force, subsections (4) to (4C) of section 31A of the Crime (Sentences) Act 1997 apply in relation to it as if it were a reference of the person’s case by the Secretary of State to the Parole Board under subsection (3) of that section.
(9) Subsection (10) applies if a person remains on licence under Chapter 2 of Part 2 of the Crime (Sentences) Act 1997, or remains subject to release on licence under that Chapter, following—
(a) the disposal before this section comes into force of the person’s application to the Parole Board under section 31A(3) of that Act, or
(b) the disposal under subsection (4) of section 31A of that Act, as it has effect by virtue of subsection (8) of this section, of the person’s application to the Parole Board under subsection (3) of that section.
(10) Subsection (3) of section 31A of the Crime (Sentences) Act 1997 applies in relation to the person as if the application had been a reference of the person’s case by the Secretary of State to the Parole Board under that subsection.
(1) In the Crime (Sentences) Act 1997—
(a) in section 32(5) (duty to release life prisoner after recall), omit “immediate”;
(b) after section 32ZA insert—
Release at the direction of Parole Board
Release at direction of Parole Board: timing
32ZB (1) This section applies where the Parole Board directs the release of a life prisoner under section 28 or 32.
(2) The Secretary of State must give effect to the direction of the Parole Board as soon as is reasonably practicable in all the circumstances including, in particular, the need to make arrangements in connection with any conditions that are to be included in the life prisoner’s licence under this Chapter.
(3) The duty under subsection (2) is subject to provision made pursuant to section 239(5C)(b) of the Criminal Justice Act 2003 (provision in Parole Board rules in relation to setting aside of release directions).
(2) In the Criminal Justice Act 2003—
(a) in section 255B(5) (automatic release after recall), omit “immediate”;
(b) in section 255C(5) (release after recall of fixed-term prisoner not suitable for automatic release), omit “immediate”;
(c) after section 256AZB insert—
Release at the direction of the Board
Release at direction of Parole Board: timing
256AZC (1) This section applies where the Board directs the release of a person on licence under this Chapter.
(2) The Secretary of State must give effect to the direction of the Parole Board as soon as is reasonably practicable in all the circumstances including, in particular, the need to make arrangements in connection with any conditions that are to be included in the person’s licence under this Chapter.
(3) The duty under subsection (2) is subject to provision made pursuant to section 239(5C)(b).
140 Extension of driving disqualification where custodial sentence imposed: England and Wales
(1) In section 35A(4) of the Road Traffic Offenders Act 1988 (extension of driving disqualification period where custodial sentence also imposed)—
(a) in paragraph (e), after “custodial sentence,” insert “but the sentence is not within section 247A(2A) of the Criminal Justice Act 2003 (sentences for terrorist offenders in respect of which no early release possible),”;
(b) in paragraph (f), after “custodial sentence,” insert “but the sentence is not within section 247A(2A) of the Criminal Justice Act 2003,”;
(c) after paragraph (f) insert—
(fza) in a case that would fall within paragraph (e) or (f) but for the fact that the custodial sentence falls within section 247A(2A) of the Criminal Justice Act 2003, a period equal to the term imposed under section 266(a) or 279(a) or (as the case may be) section 254(a) of the Sentencing Code;
;
(d) in paragraph (fa)—
(i) after “under section” insert “252A,”;
(ii) for “half” substitute “two-thirds”;
(iii) after “pursuant to section” insert “252A(4)(a),”;
(e) after paragraph (fa) insert—
(fb) in the case of a sentence under section 268A or 282A of that Code (serious terrorism sentences), a period equal to the term imposed by the court pursuant to section 268C(2) or 282C(2) of that Code;
(fc) in the case of a sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender, a period equal to two-thirds of the sentence;
(fd) in any other case where section 247A of the Criminal Justice Act 2003 applies to the offender in respect of the custodial sentence, a period equal to two-thirds of the sentence;
.
(2) In section 166 of the Sentencing Code (extension of driving disqualification period where custodial sentence also imposed)—
(a) in the table in subsection (5)—
(i) in entries 3 and 5, in the third column, for “half” substitute “two-thirds of”;
(ii) after entry 6A insert—
6B | a custodial sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender | two-thirds of the sentence
6C | a custodial sentence not within any of the preceding entries in respect of which section 247A of the Criminal Justice Act 2003 applies to the offender | two-thirds of the sentence
;
(b) after subsection (5) insert—
(5A) In the case of a sentence specified in entry 2, 4 or 6 of column 2 in the table which is within section 247A(2A) of the Criminal Justice Act 2003, the corresponding entry in column 3 of the table is to be read with the omission of “two-thirds of”.
(3) The amendments made by subsection (2)(a)(i) do not have effect in relation to an offender who—
(a) is sentenced before the coming into force of section 107 (increase in requisite custodial period for certain offenders of particular concern), and
(b) on being sentenced, will be a prisoner to whom section 244A of the Criminal Justice Act 2003 (release on licence of prisoners serving sentence under 278 of the Sentencing Code etc) applies.
(4) In the Sentencing Act 2020—
(a) in section 417 (commencement of prospective amendments), in subsection (3)(a), after “40,” insert “40A,”;
(b) in Schedule 22, after paragraph 40 (prospective amendment of section 166(5) of the Sentencing Code) insert—
40A In section 166(5A) (adaptation of disqualification period in certain terrorist cases), in paragraph (a), omit “, 4”;
(c) also in Schedule 22, in paragraph 102 (prospective amendment of section 35A of the Road Traffic Offenders Act 1988)—
(i) in the words before sub-paragraph (a), omit “as amended by paragraph 102(2) of Schedule 24”;
(ii) after sub-paragraph (a) insert—
(aa) in paragraph (fza) omit “266(a) or”;
;
(iii) at the end insert—
(c) in paragraph (fb) omit “268A or” and “268C(2) or”.
(5) In Schedule 22 to the Coroners and Justice Act 2009, omit paragraph 34 (power to make transitional provision in relation to section 35A of the Road Traffic Offenders Act 1988).
141 Increase in driving disqualification periods under certain existing orders: England and Wales
(1) Subsection (2) applies where—
(a) a driving disqualification order was made in accordance with an extended disqualification provision,
(b) the custodial sentence as a result of which the extended disqualification provision applied was imposed before the day on which section 140 came into force,
(c) section 244ZA (inserted by section 130) or 247A of the Criminal Justice Act 2003 applies to the offender in respect of the sentence (the offender, in particular, not having been released in respect of the sentence), and
(d) the appropriate extension period for the purposes of the order would have been longer had the sentence been imposed on the day on which section 140 came into force.
(2) The order has effect, on and after the day on which section 140 comes into force, as if the period of disqualification included an appropriate extension period of such length as it would have included had the custodial sentence been imposed on that day.
(3) For the purposes of this section, the “extended disqualification provisions” are—
(a) section 35A of the Road Traffic Offenders Act 1988,
(b) section 147A of the Powers of Criminal Courts (Sentencing) Act 2000, and
(c) section 166 of the Sentencing Code,
and “appropriate extension period”, “driving disqualification order” and “custodial sentence” are to be read in accordance with the extended disqualification provision concerned.
(4) In the application of this section before section 130 comes into force, the reference in subsection (1)(c) to section 244ZA of the Criminal Justice Act 2003 is to be read as a reference to section 244 of that Act as modified by the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 (S.I. 2020/158).
(5) In the application of this section in relation to a custodial sentence imposed under a provision repealed by the Sentencing Act 2020, the references to the sentence in subsections (1)(d) and (2) are to be read as referring to an equivalent sentence imposed under the corresponding provision of the Sentencing Code.
142 Extension of driving disqualification where custodial sentence imposed: Scotland
(1) Section 35C of the Road Traffic Offenders Act 1988 (extension of driving disqualification period where custodial sentence also imposed) is amended in accordance with subsections (2) to (5).
(2) In subsection (4)—
(a) after paragraph (a) insert—
(aa) in the case of a person serving a serious terrorism sentence, a period equal to the appropriate custodial term;
(ab) in the case of a person serving an extended sentence that falls within section 1AB(2A) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”), a period equal to the custodial term;
(ac) in the case of a person serving an extended sentence in respect of which section 1AB(3) to (5) of the 1993 Act applies to the person, a period equal to two-thirds of the custodial term;
;
(b) omit paragraph (b);
(c) in paragraph (c)—
(i) for “an” substitute “any other”;
(ii) for “confinement” substitute “custodial”;
(d) after paragraph (c) insert—
(ca) in the case of a person serving a sentence imposed under section 205ZC of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”), a period equal to two-thirds of the appropriate custodial term;
(cb) in the case of a person serving any other sentence of imprisonment in respect of which section 1AB of the 1993 Act applies to the person, a period equal to two-thirds of the sentence;
.
(3) In subsection (7), for the words from “a different” to the end substitute “a reference in section 1(1) or (3) or 1AB(3)(a) of the 1993 Act to a particular proportion of a prisoner’s sentence to be construed as a reference to some other proportion (“the new proportion”) specified in the order”.
(4) In subsection (8), for “(4)(b) and (c)” substitute “(4)(ac), (c), (ca), (cb) or (d)”.
(5) In subsection (10)—
(a) in the definition of “amending order”, for “section 7 of the 2007 Act” substitute “section 27(2)(b) of the 1993 Act”;
(b) after that definition insert—
“appropriate custodial term”—
in relation to a serious terrorism sentence, means the term imposed under subsection (5)(a) or (as the case may be) (7)(a) of section 205ZA of the 1995 Act;
in relation to a sentence imposed under section 205ZC of the 1995 Act, means the term imposed under subsection (3)(a) or (as the case may be) (4)(a) of that section;
;
(c) in the definition of “confinement term”—
(i) for “confinement” substitute “custodial”;
(ii) for “Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”)” substitute “1995 Act”;
(d) omit the definitions of “custody and community prisoner” and “custody part”;
(e) in the definition of “life prisoner”, for “section 4 of the 2007 Act” substitute “section 2(1) of the 1993 Act”;
(f) for the definition of “punishment part” substitute—
“punishment part”, in relation to a life sentence, means the punishment part of the sentence as specified in an order mentioned in section 2(2) of the 1993 Act;
;
(g) in the definition of “sentence of imprisonment”, in paragraph (b), after “205,” insert “205ZA(7), 205ZC(4),”;
(h) after the definition of “sentence of imprisonment” insert—
“serious terrorism sentence” means a sentence imposed under section 205ZA of the 1995 Act;
.
(6) Section 248D of the Criminal Procedure (Scotland) Act 1995 (extension of driving disqualification period where custodial sentence also imposed) is amended in accordance with subsections (7) to (10).
(7) In subsection (4)—
(a) after paragraph (a) insert—
(aa) in the case of a person serving a serious terrorism sentence, a period equal to the appropriate custodial term;
(ab) in the case of a person serving an extended sentence that falls within section 1AB(2A) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”), a period equal to the custodial term;
(ac) in the case of a person serving an extended sentence in respect of which section 1AB(3) to (5) of the 1993 Act applies to the person, a period equal to two-thirds of the custodial term;
;
(b) omit paragraph (b);
(c) in paragraph (c)—
(i) for “an” substitute “any other”;
(ii) for “confinement” substitute “custodial”;
(d) after paragraph (c) insert—
(ca) in the case of a person serving a sentence imposed under section 205ZC of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”), a period equal to two-thirds of the appropriate custodial term;
(cb) in the case of a person serving any other sentence of imprisonment in respect of which section 1AB of the 1993 Act applies to the person, a period equal to two-thirds of the sentence;
.
(8) In subsection (7), for the words from “a different” to the end substitute “a reference in section 1(1) or (3), 1AA(1) or 1AB(3)(a) of the 1993 Act to a particular proportion of a prisoner’s sentence to be construed as a reference to some other proportion (“the new proportion”) specified in the order”.
(9) In subsection (8), for “(4)(b) and (c)” substitute “(4)(ac), (c), (ca), (cb) or (d)”.
(10) In subsection (10)—
(a) in the definition of “amending order”, for “section 7 of the 2007 Act” substitute “section 27(2)(b) of the 1993 Act”;
(b) after that definition insert—
“appropriate custodial term”—
in relation to a serious terrorism sentence, means the term imposed under subsection (5)(a) or (as the case may be) (7)(a) of section 205ZA of the 1995 Act;
in relation to a sentence imposed under section 205ZC of the 1995 Act, means the term imposed under subsection (3)(a) or (as the case may be) (4)(a) of that section;
;
(c) in the definition of “confinement term”—
(i) for “confinement” substitute “custodial”;
(ii) for “Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”)” substitute “1995 Act”;
(d) omit the definitions of “custody and community prisoner” and “custody part”;
(e) in the definition of “life prisoner”, for “section 4 of the 2007 Act” substitute “section 2(1) of the 1993 Act”;
(f) for the definition of “punishment part” substitute—
“punishment part”, in relation to a life sentence, means the punishment part of the sentence as specified in an order mentioned in section 2(2) of the 1993 Act;
;
(g) in the definition of “sentence of imprisonment”, in paragraph (b), after “205,” insert “205ZA(7), 205ZC(4),”;
(h) after the definition of “sentence of imprisonment” insert—
“serious terrorism sentence” means a sentence imposed under section 205ZA of the 1995 Act;
.
(11) In Schedule 22 to the Coroners and Justice Act 2009, omit paragraphs 35 and 36 (powers to make transitional provision in relation to section 35C of the Road Traffic Offenders Act 1988).
143 Increase in driving disqualification periods under certain existing orders: Scotland
(1) Subsection (2) applies where—
(a) a driving disqualification order was made in accordance with an extended disqualification provision,
(b) the sentence of imprisonment as a result of which the extended disqualification provision applied was imposed before the day on which section 142 came into force,
(c) section 1AB of the Prisoners and Criminal Proceedings (Scotland) Act 1993 applies to the offender in respect of the sentence (the offender, in particular, not having been released in respect of the sentence), and
(d) the appropriate extension period for the purposes of the order would have been longer had the sentence been imposed on the day on which section 142 came into force.
(2) The order has effect, on and after the day on which section 142 comes into force, as if the period of disqualification included an appropriate extension period of such length as it would have included had the sentence of imprisonment been imposed on that day.
(3) In this section—
“driving disqualification order” means an order under—
section 34 or 35 of the Road Traffic Offenders Act 1988 (“the 1988 Act”), or
section 248 or 248A of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”);
“an extended disqualification provision” means—
section 35C of the 1988 Act (in the case of an order under section 34 or 35 of that Act), or
section 248D of the 1995 Act (in the case of an order under section 248 or 248A of the 1995 Act);
“appropriate extension period” and “sentence of imprisonment” are to be read in accordance with the extended disqualification provision concerned.
144 Calculation of period before release or Parole Board referral where multiple sentences being served
(1) In the Crime (Sentences) Act 1997—
(a) in section 28(7) (time of Parole Board referral), omit paragraph (c) (and the “and” immediately before it);
(b) before section 34 insert—
Life prisoners also serving fixed-term sentence
33A (1) This section applies where a life prisoner is also serving one or more sentences by virtue of which the fixed-term provisions apply to the offender.
(2) Nothing in this Chapter requires the Secretary of State to release the prisoner unless the Secretary of State is also required by the fixed-term provisions to release the prisoner.
(3) Nothing in this Chapter requires the Secretary of State to refer the prisoner’s case to the Parole Board unless the Secretary of State is also required by the fixed-term provisions to—
(a) refer the prisoner’s case to the Board, or
(b) release the prisoner.
(4) Subsection (3) does not apply to a reference by the Secretary of State under section 31A(3).
(5) The fact that the prisoner is serving a life sentence is to be ignored in determining, for the purposes of subsections (2) and (3), what the fixed-term provisions require.
(6) In this section “the fixed-term provisions” means Chapter 6 of Part 12 of the Criminal Justice Act 2003.
;
(c) in section 34 (interpretation), omit subsection (4).
(2) The Criminal Justice Act 2003 is amended in accordance with subsections (3) to (11).
(3) In section 243A(3) (requisite custodial period before release in short sentence), for “264(2)” substitute “264(2B) or (2E)”.
(4) In section 244(3)(d) (usual requisite custodial period before release), for “264(2)” substitute “264(2B) or (2E)”.
(5) In section 244A(6) (periods before release or referral in sentences for offenders of particular concern), in paragraph (b) of the definition of “requisite custodial period”, for “264(2)” substitute “264(2D)”.
(6) In section 246A(8) (periods before release or referral in extended sentences), in paragraph (b) of the definition of “requisite custodial period”, for “264(2)” substitute “264(2B), (2D) or (2E)”.
(7) In section 247(7) (periods before release in old extended sentences), in paragraph (b) of the definition of “requisite custodial period”, for “264(2)” substitute “264(2B) or (2E)”.
(8) In section 247A(8) (release of terrorist prisoners: definitions), in paragraph (c) of the definition of “requisite custodial period”, for “264(2)” substitute “264(2B), (2D) or (2E)”.
(9) In section 263 (release in case of concurrent sentences), in subsection (2), after paragraph (a) insert—
(aza) nothing in this Chapter requires the Secretary of State to refer the offender’s case to the Board in respect of any of the terms unless and until the Secretary of State is required either—
(i) to refer the offender’s case to the Board, or
(ii) to release the offender,
in respect of each of the others,
.
(10) In section 264 (release in case of consecutive sentences)—
(a) for subsection (2) substitute—
(2A) Subsection (2B) applies if each of the terms of imprisonment is subject to initial automatic release.
(2B) Nothing in this Chapter requires the Secretary of State to release the offender until the offender has served a period equal to the aggregate of the length of the minimum custodial periods in each of the terms.
(2C) Subsections (2D) and (2E) apply if at least one of the terms of imprisonment is subject to initial Parole Board referral.
(2D) Nothing in this Chapter requires the Secretary of State to refer the offender’s case to the Board until the offender has served a period equal to the aggregate length of the minimum custodial periods in each of the terms.
(2E) Nothing in this Chapter requires the Secretary of State to release the offender until—
(a) the Board has directed the release of the offender, or
(b) the offender has served a period equal to the aggregate length of—
(i) the minimum custodial periods in each of the terms (if any) that is subject to initial automatic release, and
(ii) the maximum custodial periods in each of the terms that is subject to initial Parole Board referral.
(2F) For the purposes of subsections (2A) to (2E)—
(a) a term of imprisonment is “subject to initial automatic release” if it is a sentence in respect of which—
(i) section 243A(1), 244(1), 244ZA(1), 246A(2) or 247 applies to the offender, or
(ii) section 247A applies, but subsections (3) to (5) of that section do not apply, to the offender;
(b) a term of imprisonment is “subject to initial Parole Board referral” if it is a sentence in respect of which—
(i) section 244ZC, 244A, 246A(3) to (7) or 247A(3) to (5) applies to the offender, or
(ii) a notice under section 244ZB(4) is in force.
;
(b) in subsections (6) and (6A), in the words before paragraph (a), before “custodial” insert “minimum”;
(c) after subsection (6A) insert—
(6B) In this section “maximum custodial period” means—
(a) in relation to a sentence imposed under section 226A, 226B, 227, 228 or 236A of this Act or section 252A, 254, 265, 266, 278 or 279 of the Sentencing Code, the “appropriate custodial term” determined by the court under that section;
(b) in relation to any other sentence, the term of the sentence.
(11) After section 267B insert—
Fixed-term prisoners also serving life sentence
267C (1) This section applies where a fixed-term prisoner is also serving one or more sentences by virtue of which the life sentence provisions apply to the offender.
(2) Nothing in this Chapter requires the Secretary of State to release the prisoner unless the Secretary of State is also required by the life sentence provisions to release the prisoner.
(3) Nothing in this Chapter requires the Secretary of State to refer the prisoner’s case to the Board unless the Secretary of State is also required by the life sentence provisions to—
(a) refer the prisoner’s case to the Board, or
(b) release the prisoner.
(4) The reference in subsection (3)(a) to a requirement of the Secretary of State to refer a prisoner’s case to the Board does not include a requirement to do so under section 31A(3) of the 1997 Act.
(5) The fact that the prisoner is also serving a fixed-term sentence is to be ignored in determining, for the purposes of subsections (2) and (3), what the life sentence provisions require.
(6) In this section “the life sentence provisions” means Chapter 2 of Part 2 of the 1997 Act.
(12) In section 11 of the Criminal Justice and Courts Act 2015 (release on licence of life prisoners), omit subsections (1) and (4).
145 Application of release provisions to repatriated prisoners
(1) In the Schedule to the Repatriation of Prisoners Act 1984, in paragraph 2 (application of early release provisions) as it applies in relation to prisoners repatriated to England and Wales—
(a) omit sub-paragraphs (3) and (3A);
(b) for sub-paragraphs (3B) to (3F) (inserted by the Counter-Terrorism and Sentencing Act 2021) substitute—
(3ZA) The Secretary of State may specify in the warrant that the prisoner is to be treated for the purposes of the enactments relating to release on licence as if the sentence to be served by the prisoner was imposed in respect of—
(a) a particular offence under the law of England and Wales,
(b) such an offence carried out in a certain manner or in certain circumstances, or
(c) such an offence in relation to which certain findings were made by the court before which the prisoner was convicted or sentenced for the offence;
and if that is done those enactments have effect accordingly.
(3ZB) An offence may be specified under sub-paragraph (3ZA) only if it corresponds to the offence in respect of which the prisoner is required to be detained in the country or territory from which the prisoner is transferred (“the overseas offence”).
(3ZC) A specification under sub-paragraph (3ZA)(b) may be made only if, in the opinion of the Secretary of State, findings made by the court before which the prisoner was convicted or sentenced for the overseas offence show that the overseas offence was committed in the manner or circumstances to be specified (or in a corresponding manner or corresponding circumstances).
(3ZD) A finding may be specified under sub-paragraph (3ZA)(c) only if, in the opinion of the Secretary of State, findings made by the court before which the prisoner was convicted or sentenced for the overseas offence show that the finding to be specified could properly have been made by a court in England and Wales dealing with the prisoner.
(3ZE) Sub-paragraph (3ZA) does not result in the enactments relating to release on licence applying in a way in which they could not apply in relation to a sentence imposed in respect of the offence specified under that sub-paragraph—
(a) that was committed at the same time as the overseas offence was committed, or
(b) in respect of which a conviction was made, or sentence passed, at the same time as occurred in respect of the overseas offence.
(3ZF) The Secretary of State may amend a warrant (whether issued before or after sub-paragraph (3ZA) comes into force and whether or not the transfer it authorised has taken place) so as to specify the matters there referred to.
;
(c) in sub-paragraph (4), in the definition of “the enactments relating to release on licence”, for “and Chapter 6 of Part 12 of the Criminal Justice Act 2003” substitute “, Chapter 6 of Part 12 of the Criminal Justice Act 2003 and section 28 of the Offender Management Act 2007”.
(2) The repeal by subsection (1)(b) of sub-paragraphs (3B) to (3F) of the amended paragraph does not affect the continued operation of the enactments relating to release on licence (within the meaning of that paragraph as amended by subsection (1)) in relation to a warrant issued or amended in accordance with those sub-paragraphs before their repeal.
(3) In Schedule 26 to the Criminal Justice and Immigration Act 2008, the following provisions (which contain superseded amendments of or in connection with the paragraph amended by subsection (1)) are repealed—
(a) paragraph 19(4) and (5), and
(b) paragraph 33(2) and (3).
146 Sentences and offences in respect of which polygraph condition may be imposed
In section 28 of the Offender Management Act 2007 (application of polygraph condition)—
(a) in subsection (3), for paragraphs (a) to (g) substitute—
(a) a life sentence within the meaning of Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (see section 34(2) of that Act), or
(b) a fixed-term sentence within the meaning of Chapter 6 of Part 12 of the Criminal Justice Act 2003 (see section 237 of that Act) of a term of 12 months or more.
;
(b) in subsection (4), for the words from “means—” to the end substitute
means an offence specified in any one or more of—
(a) Schedule 3 to the Sexual Offences Act 2003 (sexual offences attracting notification requirements),
(b) Part 2 of Schedule 15 to the Criminal Justice Act 2003 (sexual offences under the law of England and Wales specified for certain purposes),
(c) paragraphs 1 to 21 of Schedule 16 to that Act (sexual offences under the law of Scotland specified for certain purposes), as that Schedule had effect immediately before its repeal on 14 July 2008, and
(d) Part 2 of Schedule 17 to that Act (sexual offences under the law of Northern Ireland specified for certain purposes), as that Schedule had effect immediately before its repeal on 14 July 2008.
;
(c) after subsection (4) insert—
(4ZA) In determining for the purposes of subsection (4) whether an offence is specified in Schedule 3 to the Sexual Offences Act 2003, any limitation in that Schedule referring to the circumstances of a particular case (including the sentence imposed) is to be disregarded.
;
(d) in subsection (4A) (inserted by the Counter-Terrorism and Sentencing Act 2021), omit paragraph (b) (but not the final “or”);
(e) in subsection (4B) (also so inserted), omit paragraph (a);
(f) after subsection (4B) insert—
(4C) A sentence in respect of a service offence is to be treated for the purposes of this section as if it were a sentence in respect of the corresponding offence.
(4D) In subsection (4C)—
(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 the Air Force Act 1955, or
(iii) section 42 of the Naval Discipline Act 1957;
(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.
(4E) Section 48 of the Armed Forces Act 2006 (supplementary provisions relating to ancillary service offences) applies for the purposes of subsection (4D)(b)(i) above as it applies for the purposes of the provisions of that Act referred to in subsection (3)(b) of that section.
147 Minor amendments to do with weapons-related offences
(1) In Schedule 15 to the Criminal Justice Act 2003 (specified offences for certain purposes to do with release of offenders)—
(a) after paragraph 60 insert—
60A An offence under section 47 of the Anti-Terrorism, Crime and Security Act 2001 (use etc of nuclear weapons).
60B An offence under section 50 of that Act (assisting or inducing certain weapons-related acts overseas).
;
(b) omit paragraphs 163 and 164;
(c) in paragraph 165, for “that Act” substitute “the Anti-Terrorism, Crime and Security Act 2001”.
(2) In Schedule 18 to the Sentencing Code (specified offences for certain sentencing purposes)—
(a) after paragraph 23 insert—
Anti-Terrorism, Crime and Security Act 2001
23A An offence under either of the following provisions of the Anti-Terrorism, Crime and Security Act 2001—
(a) section 47 (use etc of nuclear weapons);
(b) section 50 (assisting or inducing certain weapons-related acts overseas).
;
(b) for paragraph 42 substitute—
42 An offence under section 113 of the Anti-Terrorism, Crime and Security Act 2001 (use of noxious substance or thing to cause harm or intimidate).
148 Application of provision about minimum terms to service offences
In section 261A of the Armed Forces Act 2006 (life sentences imposed by Court Martial), at the end insert—
(5) Schedule 21, as it applies in relation to a sentence passed by the Court Martial, has effect as if a reference to murder included reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is murder.
150 Increases in maximum daily curfew hours and curfew requirement period
(1) Paragraph 9 of Schedule 9 to the Sentencing Code (community orders and suspended sentence orders: curfew requirement) is amended in accordance with subsections (2) to (5).
(2) In sub-paragraph (4)—
(a) omit the “and” at the end of paragraph (a);
(b) in paragraph (b), for “16 hours” substitute “the relevant number of hours”;
(c) at the end insert
, and
(c) not more than 112 hours in any period of 7 days beginning with the day of the week on which the requirement first takes effect.
(3) After sub-paragraph (4) insert—
(4A) In sub-paragraph (4) “the relevant number of hours” means—
(a) in relation to a relevant order in respect of an offence of which the offender was convicted before the day on which section 150 of the Police, Crime, Sentencing and Courts Act 2022 came into force, 16 hours, and
(b) in relation to a relevant order in respect of an offence of which the offender was convicted on or after that day, 20 hours.
(4) In sub-paragraph (5), for the words “the period of 12 months” substitute “the relevant period”.
(5) After sub-paragraph (5) insert—
(6) In sub-paragraph (5) “the relevant period” means—
(a) in relation to a relevant order in respect of an offence of which the offender was convicted before the day on which section 150 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the period of 12 months, and
(b) in relation to a relevant order in respect of an offence of which the offender was convicted on or after that day, the period of 2 years.
(6) In paragraph 13 of Schedule 23 to the Sentencing Act 2020 (powers to amend limits in community requirements)—
(a) in sub-paragraph (1)(b), after “9(4)” insert “or (4A)”;
(b) in sub-paragraph (2)(a), for “9(5)” substitute “9(6)”.
(7) The Criminal Justice Act 2003 is amended in accordance with subsections (8) and (9).
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) In Schedule 31 (default orders: modification of provisions relating to community orders), in paragraph 3—
(a) after sub-paragraph (1) insert—
(1A) Any reference to an offence of which the offender was convicted before, on or after a day is to be read as a reference to a default made by a person before, on or after that day.
;
(b) in sub-paragraph (2)—
(i) for “sub-paragraph (4)” substitute “sub-paragraph (4A)”;
(ii) for “(4A)” substitute “(4B)”.
151 Power for responsible officer to vary curfew requirements etc
(1) The Sentencing Code is amended as follows.
(2) In Part 5 of Schedule 9 (community orders and suspended sentence orders: curfew requirements), after paragraph 10 insert—
Power of responsible officer to vary curfew requirement
10A (1) This paragraph applies where—
(a) a relevant order is in force,
(b) the order is in respect of an offence of which the offender was convicted on or after the day on which section 151 of the Police, Crime, Sentencing and Courts Act 2022 came into force,
(c) the order includes a curfew requirement imposed under paragraph 9, and
(d) the responsible officer considers that the variation condition is met.
(2) The variation condition is met if, having regard to a change in the offender’s circumstances since the relevant order was made, it is appropriate to—
(a) vary the start time of any of the curfew periods;
(b) vary the relevant place in relation to any of those periods.
(3) The responsible officer may, with the consent of the offender, give the offender notice (a “variation notice”) specifying—
(a) the new start time of such of the curfew periods as are specified in the notice;
(b) the new relevant place for such of the curfew periods as are so specified.
(4) The effect of a variation notice is to vary the relevant order as specified in the notice, with effect from the date so specified.
(5) A variation notice may specify different variations of the start time, or of the relevant place, for different days.
(6) Before giving a variation notice containing provision pursuant to sub-paragraph (3)(b), the responsible officer must obtain and consider information about each place proposed to be specified in the notice.
(7) That information must include information as to the attitude of persons likely to be affected by the offender’s enforced presence there.
(8) A variation notice must not—
(a) vary the length of any of the offender’s curfew periods;
(b) in a case where the relevant order includes a residence requirement under paragraph 13, vary the relevant place in a way that is inconsistent with that requirement;
(c) make any variation prohibited by sub-paragraph (9).
(9) A variation is prohibited by this sub-paragraph if—
(a) the relevant order concerned includes an electronic compliance monitoring requirement imposed under paragraph 10(3) (a “monitoring requirement”), and
(b) the responsible officer considers that, if the court had made the relevant order imposing the curfew requirement as varied by the variation, the court—
(i) would not have imposed the monitoring requirement, or
(ii) would have imposed a different monitoring requirement.
(10) The responsible officer must give the appropriate court—
(a) a copy of a variation notice given under this paragraph, and
(b) evidence of the offender’s consent to the notice.
(11) In this paragraph—
(a) “appropriate court”—
(i) in relation to a community order, has the same meaning as in Schedule 10 (see paragraph 1 of that Schedule);
(ii) in relation to a suspended sentence order, has the same meaning as in Schedule 16 (see paragraph 1 of that Schedule);
(b) “curfew periods”, in relation to a relevant order, means the periods specified in the order under paragraph 9(2)(a);
(c) “relevant place”, in relation to a curfew period, means the place specified under paragraph 9(2)(b) at which the offender is required to remain for that period;
(d) “start time”, in relation to a curfew period, means the time at which the period is required to start pursuant to the relevant order.
(3) In paragraph 16 of Schedule 10 (amendment of community order because of change of residence), after sub-paragraph (2) insert—
(3) If the permission is given by the responsible officer—
(a) the officer must give notice to the appropriate court of the permission, and
(b) the court must amend the order as set out in sub-paragraph (2).
(4) After paragraph 17 of that Schedule insert—
Amendment because of variation of curfew requirement by responsible officer
17A (1) This paragraph applies where at any time the responsible officer gives—
(a) a copy of a variation notice in relation to a community order, and
(b) evidence of the offender’s consent to the notice,
to the appropriate court under paragraph 10A of Schedule 9.
(2) The appropriate court must amend the order to reflect the effect of the variation notice.
(5) In paragraph 23 of Schedule 16 (amendment of suspended sentence order) because of change of residence), after sub-paragraph (2) insert—
(3) If the permission is given by the responsible officer—
(a) the officer must give notice to the appropriate court of the permission, and
(b) the court must amend the suspended sentence order as set out in sub-paragraph (2).
(6) After paragraph 24 of that Schedule insert—
Amendment because of variation of curfew requirement by responsible officer
24A (1) This paragraph applies where at any time the responsible officer gives—
(a) a copy of a variation notice in relation to a suspended sentence order, and
(b) evidence of the offender’s consent to the notice,
to the appropriate court under paragraph 10A of Schedule 9.
(2) The appropriate court must amend the order to reflect the effect of the variation notice.
152 Removal of attendance centre requirements for adults
(1) The Sentencing Code is amended in accordance with subsections (2) to (4).
(2) In section 207(3) (community orders: availability of attendance centre requirement), for the words from “the offender” to the end substitute
—
(a) the offender was convicted of the offence before the day on which section 152 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and
(b) the offender was aged under 25 when convicted of the offence.
(3) In section 291(3) (suspended sentence orders: availability of attendance centre requirement), for the words from “the offender” to the end substitute
—
(a) the offender was convicted of the offence before the day on which section 152 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and
(b) the offender was aged under 25 when convicted of the offence.
(4) In Schedule 9 (community orders and suspended sentence orders: requirements), in the heading to Part 13, after “Attendance centre requirement” insert “: offenders convicted before the day on which section 152 of the Police, Crime, Sentencing and Courts Act 2022 came into force”.
(5) Schedule 13 contains related amendments.
153 Special procedures relating to review and breach
Schedule 14 makes provision for, and in relation to, the powers of courts—
(a) to review community and suspended sentence orders, and
(b) to commit an offender to custody for breach of a community or suspended sentence order.
After section 10 of the Offender Management Act 2007 insert—
Duty to consult on unpaid work requirements
10A (1) Each provider of probation services must, in each calendar year, consult the prescribed persons about the work to be performed by persons who—
(a) are subject to unpaid work requirements, and
(b) are supervised by that provider.
(2) In this section “prescribed person” means a person, or a person of a description, prescribed by regulations made by the Secretary of State.
(3) In this section “unpaid work requirement” means an unpaid work requirement as defined by—
(a) paragraph 10(1) of Schedule 6 to the Sentencing Code (youth rehabilitation orders),
(b) paragraph 1(1) of Schedule 9 to the Sentencing Code (community orders and suspended sentence orders), or
(c) paragraph 3A(1) of Schedule A1 to the Children Act 1989 (enforcement orders).
(4) For the purposes of this section a person is supervised by a provider of probation services if an officer of that provider has functions relating to the person’s compliance with an unpaid work requirement.
156 Assaults on those providing a public service etc
In the Sentencing Act 2020, after section 68 insert—
Assaults on those providing a public service etc
68A (1) This section applies where—
(a) a court is considering the seriousness of an offence listed in subsection (3), and
(b) the offence is not aggravated under section 67(2).
(2) If the offence was committed against a person providing a public service, performing a public duty or providing services to the public, the court—
(a) must treat that fact as an aggravating factor, and
(b) must state in open court that the offence is so aggravated.
(3) The offences referred to in subsection (1) are—
(a) an offence of common assault or battery, except where section 1 of the Assaults on Emergency Workers (Offences) Act 2018 applies;
(b) an offence under any of the following provisions of the Offences against the Person Act 1861—
(i) section 16 (threats to kill);
(ii) section 18 (wounding with intent to cause grievous bodily harm);
(iii) section 20 (malicious wounding);
(iv) section 47 (assault occasioning actual bodily harm);
(c) an inchoate offence in relation to any of the preceding offences.
(4) In this section—
(a) a reference to providing services to the public includes a reference to providing goods or facilities to the public;
(b) a reference to the public includes a reference to a section of the public.
(5) Nothing in this section prevents a court from treating the fact that an offence was committed against a person providing a public service, performing a public duty or providing services to the public as an aggravating factor in relation to offences not listed in subsection (3).
(6) This section has effect in relation to a person who is convicted of the offence on or after the date on which section 156 of the Police, Crime, Sentencing and Courts Act 2022 comes into force.
(1) The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.
(2) In section 91 (remands of children otherwise than on bail), after subsection (4) insert—
(4A) Before deciding whether to remand a child to youth detention accommodation in accordance with section 102 the court must consider the interests and welfare of the child.
(3) In section 98 (first set of conditions for a remand to youth detention accommodation)—
(a) in subsection (1), after paragraph (a) insert—
(aa) the sentencing condition (see subsection (2A)),
;
(b) after subsection (2) insert—
(2A) The sentencing condition is that it appears to the court that it is very likely that the child will be sentenced to a custodial sentence for the offence mentioned in section 91(1) or one or more of those offences.
;
(c) in subsection (4), at the end (after paragraph (b)) insert “, and that the risks posed by the child cannot be managed safely in the community”.
(4) In section 99 (second set of conditions for a remand to youth detention accommodation)—
(a) in subsection (3), for “there is a real prospect” substitute “it is very likely”;
(b) in subsection (5)(a)—
(i) after “recent” insert “and significant”;
(ii) after “remand” insert “, and it appears to the court that the history is relevant in all the circumstances of the case”;
(c) in subsection (6)—
(i) after “recent” insert “and significant”;
(ii) after “remand” insert “, and this appears to the court relevant in all the circumstances of the case”;
(d) in subsection (7), at the end (after paragraph (b)) insert “, and that the risks posed by the child cannot be managed safely in the community”.
(5) In section 100 (first set of conditions for a remand to youth detention accommodation: extradition cases)—
(a) in subsection (1), after paragraph (a) insert—
(aa) the sentencing condition (see subsection (2A)),
;
(b) after subsection (2) insert—
(2A) The sentencing condition is that it appears to the court that, if the child were convicted in England and Wales of an offence equivalent to the offence to which the extradition proceedings relate or one or more of those offences, it is very likely that the child would be sentenced to a custodial sentence for that offence or those offences.
;
(c) in subsection (4), at the end (after paragraph (b)) insert “, and that the risks posed by the child cannot be managed safely in the community”.
(6) In section 101 (second set of conditions for a remand to youth detention accommodation: extradition cases)—
(a) in subsection (3), for “there would be a real prospect” substitute “it is very likely”;
(b) in subsection (5)(a)—
(i) after “recent” insert “and significant”;
(ii) after “remand,” insert “and it appears to the court that the history is relevant in all the circumstances of the case,”;
(c) in subsection (6)—
(i) after “recent” insert “and significant”;
(ii) after “remand” insert “, and this appears to the court relevant in all the circumstances of the case”;
(d) in subsection (7), at the end (after paragraph (b)) insert “, and that the risks posed by the child cannot be managed safely in the community”.
(7) In section 102 (remands to youth detention accommodation)—
(a) in subsection (4), before paragraph (a) insert—
(za) state in open court that it has considered subsections (3) and (4A) of section 91,
;
(b) in subsection (5), before paragraph (a) insert—
(za) is given in writing to—
(i) the child,
(ii) any legal representative of the child, and
(iii) any youth offending team which appears to the court to have functions in relation to the child,
.
In section 236(1) of the Sentencing Code (term of detention and training order), for “4, 6, 8, 10, 12, 18 or 24 months” substitute “at least 4 months but must not exceed 24 months”.
159 Consecutive detention and training order and sentence of detention: effect of early release decision
(1) In section 237 of the Sentencing Code (making of detention and training order where offender subject to other order or sentence of detention), omit subsection (5).
(2) In section 241 of that Code (period of detention and training), after subsection (5) insert—
Consecutive detention and training order and sentence of detention
(5A) Where the offender is also subject to a sentence of any of the following kinds that is to take effect, by virtue of an order to which subsection (7) applies, when the offender would otherwise be released for supervision—
(a) a sentence of detention under section 250 or 252A,
(b) a sentence of detention under section 209 or 224A of the Armed Forces Act 2006, or
(c) an extended sentence of detention under section 254 (including one passed as a result of section 221A of the Armed Forces Act 2006),
subsection (4) is to be read as if, instead of conferring a power to release the offender, it conferred a power to determine that the Secretary of State would, but for the sentence concerned, have released the offender.
(3) In section 264AA of the Criminal Justice Act 2003 (consecutive terms: detention and training orders), after subsection (1) insert—
(1A) In a case where the detention and training order was made on or after the day on which section 159 of the Police, Crime, Sentencing and Courts Act 2022 came into force, section 246(1)(a) is to be read as if, instead of conferring a power to release the offender, it conferred a power to determine that the Secretary of State would, but for the detention and training order, have directed the offender’s release under that section.
160 Detention and training orders: time to count as served
Schedule 16 makes provision in relation to the treatment of time spent remanded in custody or on bail as time served in relation to detention and training orders.
(1) Schedule 17 contains amendments to provisions of the Criminal Justice and Immigration Act 2008 and the Sentencing Act 2020 which relate to youth rehabilitation orders.
(2) In the following provisions of this section, “the relevant YRO provisions” means—
(a) Parts 2 and 3 of Schedule 17, and
(b) subsection (1) of this section so far as relating to those Parts.
(3) Regulations under section 208(1) which bring any of the relevant YRO provisions into force only for a specified purpose or in relation to a specified area may—
(a) provide for that provision to be in force for that purpose or in relation to that area for a specified period, and
(b) make transitional or saving provision in connection with that provision ceasing to be in force at the end of the specified period.
(4) Regulations containing provision by virtue of subsection (3)(a) may be amended by subsequent regulations under section 208(1) so as to continue any of the relevant YRO provisions in force for the specified purpose or in relation to the specified area for a further specified period.
(5) Accordingly, the reference to section 419(1) of the Sentencing Act 2020, as applied by section 206, to the coming into force of an amendment is to be read as including a reference to the continuing in force of an amendment by reason of subsection (4).
(6) In subsections (3) and (4), “specified” means specified in regulations under section 208(1).
(7) Subsection (8) applies if—
(a) the Secretary of State has made regulations under section 208(1) which make provision permitted by subsection (3), and
(b) the Secretary of State subsequently makes regulations under section 208(1) which bring any of the relevant YRO provisions into force without making provision permitted by subsection (3).
(8) The regulations mentioned in subsection (7)(b) may—
(a) provide that those provisions are to come into force with the amendments specified in the regulations;
(b) make amendments to the Criminal Justice and Immigration Act 2008 or the Sentencing Act 2020 in consequence of the amendments made by paragraph (a).
(9) A statutory instrument containing regulations under section 208(1) which make provision permitted by subsection (8) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
In section 110(1) of the Sentencing Code (availability of reparation order), before paragraph (a) insert—
(za) the offender is convicted of the offence before the day on which section 162 of the Police, Crime, Sentencing and Courts Act 2022 comes into force,
.
163 Temporary release from secure children’s homes
(1) This section applies to a person who is detained in a secure children’s home in pursuance of—
(a) a sentence of detention,
(b) a detention and training order or a further detention order,
(c) a detention order under Schedule 5A to the Policing and Crime Act 2009 (breach of gang injunction), or
(d) a detention order under Schedule 2 to the Anti-social Behaviour, Crime and Policing Act 2014 (breach of anti-social behaviour injunction).
(2) The Secretary of State or the manager of the home may temporarily release a person to whom this section applies.
(3) A temporary release under this section may be granted subject to conditions.
(4) A person who is temporarily released under this section may be recalled at any time by the Secretary of State or the manager of the home (irrespective of which of those granted the release).
(5) A manager of a secure children’s home must have regard to any guidance issued by the Secretary of State about the use of powers of temporary release under this section.
(6) In this section—
“detention and training order” has the same meaning as in the Sentencing Code (see section 233 of that Code) and includes an order made under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 211 of the Armed Forces Act 2006;
“further detention order” has the same meaning as in Schedule 12 to the Sentencing Code (see paragraph 1 of that Schedule) and includes an order made under section 104(3) of the Powers of Criminal Courts (Sentencing) Act 2000 and a further detention order made by virtue of section 213 of the Armed Forces Act 2006;
“manager”—
in relation to a secure children’s home in England, means the person who is registered under Part 2 of the Care Standards Act 2000 as the manager of the home or, in a case where no such person is registered, the person who is registered under that Part as the person who carries on the home;
in relation to a secure children’s home in Wales, means the person who is designated as the responsible individual in respect of the home for the purposes of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;
“secure children’s home”—
in relation to England, means a children’s home, within the meaning of section 1 of the Care Standards Act 2000, which provides accommodation for the purposes of restricting liberty;
in relation to Wales, means residential premises which provide a secure accommodation service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).
(7) In section 49 of the Prison Act 1952 (persons unlawfully at large), after subsection (4) insert—
(4ZA) For the purposes of this section a person who, after being temporarily released in pursuance of section 163 of the Police, Crime, Sentencing and Courts Act 2022 (temporary release from a secure children’s home), is at large at any time during the period for which they are liable to be detained pursuant to their sentence shall be deemed to be unlawfully at large if the period for which they were temporarily released has expired or if they have been recalled under that section.
(1) In section 1B of the Academies Act 2010 (16 to 19 Academies), at the end insert—
(4) A 16 to 19 Academy may provide secure accommodation for its students, but only if it is approved to do so by the Secretary of State.
(5) “Secure accommodation” means accommodation that is provided for the purpose of restricting liberty.
(6) The Secretary of State may grant approval under subsection (4) subject to conditions.
(7) A 16 to 19 Academy which provides secure accommodation for its students is to be known as a secure 16 to 19 Academy.
(2) In section 12 of that Act (charitable and trust corporation status of Academy proprietors etc), at the end insert—
(5) The setting up, establishment and running of a secure 16 to 19 Academy is to be treated as a charitable purpose that falls within the description in section 3(1)(b) of the Charities Act 2011 (advancement of education) for the purposes of—
(a) this section,
(b) the Charities Act 2011, and
(c) any other enactment that applies (in whatever way) the definition of “charitable purpose” in section 2 of that Act.
(6) But subsection (5) is to be disregarded in determining, in accordance with section 3(1)(m) of the Charities Act 2011, whether a purpose may be regarded as analogous to, or within the spirit of, a purpose falling within paragraph (b) of section 3(1) of that Act.
(3) In section 248(1) of the Sentencing Code (meaning of “youth detention accommodation”), after paragraph (b) insert—
(ba) a secure 16 to 19 Academy,
.
(4) In the Children’s Homes (England) Regulations 2015 (S.I. 2015/541)—
(a) in regulation 2 (interpretation), in paragraph (1), in the definition of “secure children’s home”—
(i) after “means” insert
—
;
(ii) at the end insert
; or
a secure 16 to 19 Academy (see section 1B(4) to (7) of the Academies Act 2010);
;
(b) in regulation 3 (excepted establishments)—
(i) in paragraph (1)(b), for “as” substitute “other than a secure 16 to 19 Academy, as those terms are”;
(ii) omit paragraph (1A).
(1) In Part 11 of the Sentencing Code (behaviour orders) after Chapter 1 insert—
CHAPTER 1A Serious violence reduction orders
Power to make serious violence reduction order
342A (1) This section applies where—
(a) a person aged 18 or over (“the offender”) is convicted of an offence which was committed on or after the first appointed day, and
(b) the prosecution makes an application to the court for a serious violence reduction order to be made in respect of the offender.
(2) Subject to subsection (6), the court may make a serious violence reduction order in respect of the offender if—
(a) the condition in subsection (3) or (4) is met, and
(b) the condition in subsection (5) is met.
(3) The condition in this subsection is that the court is satisfied on the balance of probabilities that—
(a) a bladed article or offensive weapon was used by the offender in the commission of the offence, or
(b) the offender had a bladed article or offensive weapon with them when the offence was committed.
(4) The condition in this subsection is that the court is satisfied on the balance of probabilities that—
(a) a bladed article or offensive weapon was used by another person in the commission of the offence and the offender knew or ought to have known that this would be the case, or
(b) another person who committed the offence had a bladed article or offensive weapon with them when the offence was committed and the offender knew or ought to have known that this would be the case.
(5) The condition in this subsection is that the court considers it necessary to make a serious violence reduction order in respect of the offender to—
(a) protect the public in England and Wales from the risk of harm involving a bladed article or offensive weapon,
(b) protect any particular members of the public in England and Wales (including the offender) from such risk, or
(c) prevent the offender from committing an offence involving a bladed article or offensive weapon.
(6) The court may make a serious violence reduction order in respect of the offender only if it—
(a) does so in addition to dealing with the offender for the offence, and
(b) does not make an order for absolute discharge under section 79 in respect of the offence.
(7) For the purpose of deciding whether to make a serious violence reduction order the court may consider evidence led by the prosecution and evidence led by the offender.
(8) It does not matter whether the evidence would have been admissible in the proceedings in which the offender was convicted.
(9) The court may adjourn any proceedings on an application for a serious violence reduction order even after sentencing the offender.
(10) If the offender does not appear for any adjourned proceedings the court may—
(a) further adjourn the proceedings,
(b) issue a warrant for the offender’s arrest, or
(c) hear the proceedings in the offender’s absence.
(11) The court may not act under subsection (10)(b) unless it is satisfied that the offender has had adequate notice of the time and place of the adjourned proceedings.
(12) The court may not act under subsection (10)(c) unless it is satisfied that the offender—
(a) has had adequate notice of the time and place of the adjourned proceedings, and
(b) has been informed that if the offender does not appear for those proceedings the court may hear the proceedings in the offender’s absence.
(13) On making a serious violence reduction order the court must in ordinary language explain to the offender—
(a) the effects of the order, and
(b) the powers that a constable has in respect of the offender under section 342E while the order is in effect.
(14) In subsection (1)(a) “the first appointed day” means the first day appointed by regulations under section 208(1) of the Police, Crime, Sentencing and Courts Act 2022 for the coming into force to any extent of section 165 of that Act.
(15) In subsection (4) the references to the offence include references to any offence arising out of the same facts as the offence.
Meaning of “serious violence reduction order”
342B (1) In this Chapter, “serious violence reduction order” means an order made in respect of an offender that imposes on the offender—
(a) the requirements specified in subsections (2) and (4), and
(b) the requirements and prohibitions, if any, specified in regulations made by the Secretary of State for the purposes of this section.
(2) The offender must be required to notify the information in subsection (3) to the police within the period of 3 days beginning with the day on which the order takes effect.
(3) That information is—
(a) the offender’s name on the day that the notification is given and, where the offender uses one or more other names on that day, each of those names,
(b) the offender’s home address on that day, and
(c) the address of any other premises at which, on that day, the offender regularly resides or stays.
(4) The offender must be required to notify the information mentioned in subsection (5) to the police within the period of 3 days beginning with the day on which the offender—
(a) uses a name which has not been previously notified to the police in accordance with the order,
(b) changes their home address, or
(c) decides to live for a period of one month or more at any premises the address of which has not been previously notified to the police in accordance with the order.
(5) That information is—
(a) in a case within subsection (4)(a), the name which has not previously been notified,
(b) in a case within subsection (4)(b), the new home address, and
(c) in a case within subsection (4)(c), the address of the premises at which the offender has decided to live.
(6) A serious violence reduction order must provide that the offender gives a notification of the kind mentioned in subsection (2) or (4) by—
(a) attending at a police station in a police area in which the offender lives, and
(b) giving an oral notification to a police officer, or to any person authorised for the purpose by the officer in charge of the station.
(7) The Secretary of State may make regulations under subsection (1)(b) only if—
(a) the Secretary of State has laid a report before Parliament under section 166(3) of the Police, Crime, Sentencing and Courts Act 2022 (report to be laid after piloting of serious violence reduction orders), and
(b) the Secretary of State considers that it is appropriate to make the regulations for the purpose of assisting constables to exercise the powers conferred by section 342E.
(8) Regulations under subsection (1)(b) are subject to the affirmative resolution procedure.
(9) In this section, “home address”, in relation to the offender, means—
(a) the address of the offender’s sole or main residence, or
(b) if the offender has no such residence, the address or location of a place where the offender can regularly be found and, if there is more than one such place, such one of those places as the offender may select.
Serious violence reduction orders: additional requirements etc
342C (1) A serious violence reduction order may impose on the offender any requirement or prohibition specified in regulations made by the Secretary of State for the purposes of this section if the condition in subsection (2) is met.
(2) The condition in this subsection is that the court considers it appropriate for the order to impose the requirement or prohibition on the offender for the purpose of assisting constables to exercise the powers conferred by section 342E in respect of the offender.
(3) Regulations under this section may be made only after the Secretary of State has laid a report before Parliament under section 166(3) of the Police, Crime, Sentencing and Courts Act 2022 (report to be laid after piloting of serious violence reduction orders).
(4) Regulations under this section are subject to the affirmative resolution procedure.
Duration of serious violence reduction orders
342D (1) A serious violence reduction order takes effect on the day it is made, subject to subsections (3) and (4).
(2) A serious violence reduction order must specify the period for which it has effect, which must be a fixed period of not less than 6 months and not more than 2 years.
(3) Subsection (4) applies in relation to a serious violence reduction order if—
(a) the offender has been remanded in or committed to custody by an order of a court, or
(b) a custodial sentence has been imposed on the offender or the offender is serving or otherwise subject to a such a sentence.
(4) The order may provide that it does not take effect until the offender is released from custody or ceases to be subject to a custodial sentence.
(5) Where a court makes a serious violence reduction order and the offender is already subject to such an order, the earlier order ceases to have effect.
Serious violence reduction orders: powers of constables
342E (1) This section applies where a serious violence reduction order is in effect.
(2) A constable may search the offender for the purpose of ascertaining whether the offender has a bladed article or an offensive weapon with them.
(3) A constable may detain the offender for the purpose of carrying out the search.
(4) A constable may seize anything that the constable finds in the course of the search if the constable reasonably suspects it to be a bladed article or an offensive weapon.
(5) The powers in this section may be exercised only while the offender is in a public place.
(6) A constable may use reasonable force, if necessary, for the purpose of exercising a power conferred by this section.
(7) The powers conferred on a constable by this section are additional to powers which the constable has at common law or by virtue of any other enactment and does not affect those powers.
Retention and disposal of things seized under section 342E
342F (1) Any thing seized by a constable under section 342E may be retained in accordance with regulations made by the Secretary of State under this section.
(2) The Secretary of State may by regulations make provision—
(a) regulating the retention and safekeeping of things seized by a constable under section 342E, and
(b) regulating the disposal and destruction of such things in such circumstances as the regulations may prescribed.
(3) Regulations under this section are subject to the negative resolution procedure.
Offences relating to a serious violence reduction order
342G (1) Where a serious violence reduction order is in effect, the offender commits an offence if the offender—
(a) fails without reasonable excuse to do anything the offender is required to do by the order,
(b) without reasonable excuse does anything the offender is prohibited from doing by the order,
(c) notifies to the police, in purported compliance with the order, any information which the offender knows to be false,
(d) tells a constable that they are not subject to a serious violence reduction order, or
(e) intentionally obstructs a constable in the exercise of any power conferred by section 342E.
(2) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.
(3) In relation to an offence committed before the coming into force of paragraph 24(2) of Schedule 22 (maximum sentence that may be imposed on summary conviction of offence triable either way) the reference in subsection (2)(a) to 12 months is to be read as a reference to 6 months.
(4) If a person is convicted of an offence under this section, an order for conditional discharge under section 80 is not available to the court by or before which the person is convicted.
Variation, renewal or discharge of serious violence reduction order
342H (1) A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a serious violence reduction order.
(2) Those persons are—
(a) the offender;
(b) the chief officer of police for the police area in which the offender lives;
(c) the chief officer of police for the police area in which the offender committed the offence on the basis of which the order was made;
(d) a chief officer of police who believes that the offender is in, or is intending to come to, the chief officer’s police area;
(e) where the offence on the basis of which the order was made is an offence to which this paragraph applies, the chief constable of the British Transport Police Force.
(3) Paragraph (e) of subsection (2) applies to an offence which—
(a) was committed at, or in relation to, a place within section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 (jurisdiction of British Transport Police Force), or
(b) otherwise related to a railway within the meaning given by section 67 of the Transport and Works Act 1992 or a tramway within the meaning given by that section.
(4) An application under this section must be made in accordance with rules of court.
(5) Before making a decision on an application under this section, the court must hear—
(a) the person making the application, and
(b) any other person within subsection (2) who wishes to be heard.
(6) Subject to subsection (7), on an application under this section the court may make such order varying, renewing or discharging the serious violence reduction order as it thinks appropriate.
(7) The court may renew a serious violence reduction order, or vary such an order so as to lengthen its duration, only if it considers that to do so is necessary—
(a) to protect the public in England and Wales from the risk of harm involving a bladed article or offensive weapon,
(b) to protect any particular members of the public in England and Wales (including the offender) from such risk, or
(c) to prevent the offender from committing an offence involving a bladed article or offensive weapon.
(8) On making an order under this section varying or renewing a serious violence reduction order, the court must in ordinary language explain to the offender—
(a) the effects of the serious violence reduction order (as varied or renewed), and
(b) the powers that a constable has in respect of the offender under section 342E while the serious violence reduction order is in effect.
(9) In this section the “appropriate court” means—
(a) where the Crown Court or the Court of Appeal made the serious violence reduction order, the Crown Court;
(b) where a magistrates’ court made the serious violence reduction order and the application is made by the offender or the chief constable of the British Transport Police Force—
(i) that magistrates’ court, or
(ii) a magistrates’ court for the area in which the offender lives;
(c) where a magistrates’ court made the serious violence reduction order and the application is made by a chief officer of police—
(i) that magistrates’ court,
(ii) a magistrates’ court for the area in which the offender lives, or
(iii) a magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area.
Appeal against serious violence reduction order etc
342I (1) An appeal against the making of a serious violence reduction order may be brought by the offender as if the order were a sentence passed on the offender for an offence.
(2) Where an application is made under section 342H for an order varying, renewing or discharging a serious violence reduction order—
(a) the person who made the application may appeal against a refusal to make an order under that section;
(b) the offender may appeal against the making of an order under that section which was made on the application of a chief officer of police or the chief constable of the British Transport Police Force;
(c) a chief officer of police within subsection (2) of that section may appeal against the making of an order under that section which was made on the application of the offender;
(d) where the offence on the basis of which the serious violence reduction order was made is an offence to which this paragraph applies, the chief constable of the British Transport Police Force may appeal against the making of an order under that section which was made on the application of the offender.
(3) Paragraph (d) of subsection (2) applies to an offence which—
(a) was committed at, or in relation to, a place within section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 (jurisdiction of British Transport Police Force), or
(b) otherwise related to a railway within the meaning given by section 67 of the Transport and Works Act 1992 or a tramway within the meaning given by that section.
(4) An appeal under subsection (2)—
(a) is to be made to the Court of Appeal if the application under section 342H was made to the Crown Court;
(b) is to be made to the Crown Court in any other case.
(5) On an appeal under subsection (2) to the Crown Court, the court may make—
(a) such orders as may be necessary to give effect to its determination of the appeal, and
(b) such incidental and consequential orders as appear to it to be appropriate.
Guidance
342J (1) The Secretary of State may issue guidance to—
(a) constables,
(b) chief officers of police, and
(c) the chief constable of the British Transport Police Force,
in relation to serious violence reduction orders.
(2) The guidance may in particular include—
(a) guidance about the exercise by constables, chief officers of police and the chief constable of the British Transport Police Force of their functions under this Chapter,
(b) guidance about identifying offenders in respect of whom it may be appropriate for applications for serious violence reduction orders to be made, and
(c) guidance about providing assistance to prosecutors in connection with applications for serious violence reduction orders.
(3) The Secretary of State may revise any guidance issued under this section.
(4) The Secretary of State must arrange for any guidance issued under this section to be published.
(5) A constable, chief officer of police or the chief constable of the British Transport Police Force must have regard to any guidance issued under this section.
Guidance: Parliamentary procedure
342K (1) Before issuing guidance under section 342J, the Secretary of State must lay a draft of the guidance before Parliament.
(2) If, within the 40-day period, either House of Parliament resolves not to approve the draft guidance, the guidance may not be issued.
(3) If no such resolution is made within that period, the Secretary of State may issue the guidance.
(4) In this section “the 40-day period”, in relation to draft guidance, means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House on the same day, the later of the days on which it is laid).
(5) In calculating the 40-day period, no account is to be taken of any period during which—
(a) Parliament is dissolved or prorogued, or
(b) both Houses are adjourned for more than 4 days.
Serious violence reduction orders: interpretation
342L In this Chapter—
“bladed article” means an article to which section 139 of the Criminal Justice Act 1988 applies;
“custodial sentence” includes a pre-Code custodial sentence (see section 222(4));
“harm” includes physical and psychological harm;
“offensive weapon” has the same meaning as in section 1(4) of the Prevention of Crime Act 1953;
“public place” means—
any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, or
any other place to which people have ready access but which is not a dwelling;
“the offender”, in relation to a serious violence reduction order, means the offender in respect of whom the order or the application for the order has been made.
(2) In section 80(3) of the Sentencing Code (list of circumstances where an order for conditional discharge is not available) after paragraph (d) insert—
(da) section 342G(4) (offences relating to a serious violence reduction order);
.
(3) In section 3(2) of the Prosecution of Offences Act 1985 (functions of the Director of Public Prosecutions) after paragraph (fg) insert—
(fh) to have the conduct of applications for orders under section 342A of the Sentencing Code (serious violence reduction orders);
.
(1) The Secretary of State may exercise the power in section 208(1) so as to bring section 165 into force—
(a) for all purposes, and
(b) in relation to the whole of England and Wales,
only if the conditions in subsections (2) and (3) are met.
(2) The condition in this subsection is that regulations under section 208(1) have brought section 165 into force only—
(a) for one or more specified purposes, or
(b) in relation to one or more specified areas.
(3) The condition in this subsection is that the Secretary of State has laid before Parliament a report on the operation of Chapter 1A of Part 11 of the Sentencing Code (inserted by section 165)—
(a) for one or more of those purposes, or
(b) in relation to one or more of those areas.
(4) A report under subsection (3) must in particular include—
(a) information about the number of offenders in respect of whom serious violence reduction orders have been made;
(b) information about the offences that were the basis for applications as a result of which serious violence reduction orders were made;
(c) information about the exercise by constables of the powers in section 342E of the Sentencing Code (serious violence reduction orders: powers of constables);
(d) an assessment of the impact of the operation of Chapter 1A of Part 11 of the Sentencing Code on people with protected characteristics (within the meaning of the Equality Act 2010);
(e) an initial assessment of the impact of serious violence reduction orders on the reoffending rates of offenders in respect of whom such orders have been made;
(f) an assessment of the impact on offenders of being subject to a serious violence reduction order;
(g) information about the number of offences committed under section 342G of the Sentencing Code (offences relating to a serious violence reduction order) and the number of suspected offences under that section that have been investigated.
(5) Regulations under section 208(1) which bring section 165 into force only for a specified purpose or in relation to a specified area may—
(a) provide for section 165 to be in force for that purpose or in relation to that area for a specified period;
(b) make transitional or saving provision in connection with section 165 ceasing to be in force at the end of the specified period.
(6) Regulations containing provision by virtue of subsection (5)(a) may be amended by subsequent regulations under section 208(1) so as to continue section 165 in force—
(a) for the specified purpose, or
(b) in relation to the specified area,
for a further specified period.
(7) Accordingly, the reference in section 419(1) of the Sentencing Act 2020, as applied by section 206, to the coming into force of an amendment is to be read as including a reference to the continuing in force of an amendment by reason of subsection (6).
(8) In this section—
“serious violence reduction order” has the same meaning as in Chapter 1A of Part 11 of the Sentencing Code (see section 342B of the Sentencing Code);
“specified” means specified in regulations under section 208(1).
167 Knife crime prevention order on conviction: adjournment of proceedings
(1) In section 19 of the Offensive Weapons Act 2019 (knife crime prevention orders made on conviction), after subsection (9) insert—
(9A) The court may adjourn any proceedings on an application for a knife crime prevention order even after sentencing the defendant.
(9B) If the defendant does not appear for any adjourned proceedings the court may—
(a) further adjourn the proceedings,
(b) issue a warrant for the defendant’s arrest, or
(c) hear the proceedings in the defendant’s absence.
(9C) The court may not act under subsection (9B)(b) unless it is satisfied that the defendant has had adequate notice of the time and place of the adjourned proceedings.
(9D) The court may not act under subsection (9B)(c) unless it is satisfied that the defendant—
(a) has had adequate notice of the time and place of the adjourned proceedings, and
(b) has been informed that if the defendant does not appear for those proceedings the court may hear the proceedings in the defendant’s absence.
(2) Regulations under section 208(1) which bring subsection (1) into force only for a specified purpose or in relation to a specified area may—
(a) provide for that provision to be in force for that purpose or in relation to that area for a specified period;
(b) make transitional or saving provision in relation to that provision ceasing to be in force at the end of the specified period.
(3) Regulations containing provision by virtue of subsection (2)(a) may be amended by subsequent regulations under section 208(1) so as to continue subsection (1) in force for the specified purpose or in relation to the specified area for a further specified period.
(4) In this section “specified” means specified in regulations under section 208(1).
(1) Section 87 of the Sexual Offences Act 2003 (method of notification and related matters) is amended as follows.
(2) For paragraph (a) of subsection (1) substitute—
(a) attending at the police station in the person’s local police area that is for the time being specified in a document published for that local police area under this section or, if there is more than one such police station, at any one of them, and
.
(3) After subsection (2) insert—
(2A) The chief officer of police for each police area must publish, in such manner as the chief officer thinks fit, a document containing the name and address of each police station in that area at which a person may give a notification under section 83(1), 84(1) or 85(1).
(2B) A chief officer of police must keep under review a document published by the chief officer under this section and may from time to time publish a revised version of the document in such manner as the chief officer thinks fit.
169 Offences outside the United Kingdom: notification requirements
(1) The Sexual Offences Act 2003 is amended as follows.
(2) After section 96 insert—
Offences outside the United Kingdom: notification requirements
Offences outside the United Kingdom: notification requirements
96ZA (1) Where this section applies to a person (“P”), P is subject to the notification requirements of this Part for the notification period set out in section 82.
This is subject to sections 96ZB (young offenders: parental notices) and 96ZC (modifications of notification requirements).
(2) This section applies to P if P has been given a notice under subsection (3) and that notice has not been cancelled.
(3) A constable may give a notice to P if—
(a) the conditions in subsections (6), (7) and (8) are met in respect of P, and
(b) an officer of at least the rank of inspector has authorised the giving of the notice to P.
(4) A notice given to P under subsection (3) must be given to P in person and must contain details of—
(a) the notifications that P is required to give under this Part,
(b) when those notifications must be given, and
(c) where those notifications may be given.
(5) A notice given under subsection (3) may be cancelled by a constable giving notice in writing to P in person but such a cancellation must be authorised by an officer of at least the rank of inspector.
(6) The first condition is that under the law in force in a country outside the United Kingdom—
(a) P has been convicted of a relevant offence (whether or not P has been punished for it),
(b) a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that P is not guilty by reason of insanity,
(c) such a court has made in respect of a relevant offence a finding equivalent to a finding that P is under a disability and did the act charged against P in respect of the offence, or
(d) P has been cautioned in respect of a relevant offence.
(7) The second condition is that—
(a) the first condition is met because of a conviction, finding or caution which occurred on or after 1 September 1997,
(b) the first condition is met because of a conviction or finding which occurred before that date, but P was dealt with in respect of the offence or finding on or after that date, or has yet to be dealt with in respect of it, or
(c) the first condition is met because of a conviction or finding which occurred before that date, but on that date P was, in respect of the offence or finding, subject under the law in force in the country concerned to detention, supervision or any other disposal equivalent to any of those mentioned in section 81(3) (read with sections 81(6) and 131).
(8) The third condition is that the period set out in section 82 (as it would have effect as modified by section 96ZC(2) and (3) if this section applied to P) in respect of the relevant offence has not expired.
(9) In this section and section 96ZC “relevant offence” means an act which—
(a) constituted an offence under the law in force in the country concerned, and
(b) would have constituted an offence listed in Schedule 3 (other than at paragraph 60) if it had been done in any part of the United Kingdom.
(10) For the purposes of subsection (9)(a), an act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law however it is described in that law.
Young offenders: parental notices
96ZB (1) Where the person (“P”) given a notice under section 96ZA is under 18 a constable may also give a notice (a “parental notice”) to a person (“the parent”) with parental responsibility for P.
(2) Subsections (3)(b) to (5) of section 96ZA apply to the giving of a parental notice as if references to P were references to the parent.
(3) If a parental notice has been given to the parent and has not been cancelled or ceased to have effect—
(a) the obligations that would (apart from this subsection) be imposed by virtue of section 96ZA on P are to be treated instead as obligations on the parent, and
(b) the parent must ensure that P attends with them at the police station when a notification under this Part is being given.
(4) The parental notice ceases to have effect when P reaches the age of 18.
(5) If a parental notice is to be given, section 96ZA(4)(a) has effect in relation to the notice given to P as if the reference to the notifications that P is required to give under this Part were a reference to—
(a) the notifications that the parent is required to give under this Part, and
(b) the notifications (if any) that P is required to give under this Part once the parental notice ceases to have effect.
Modifications of notification requirements
96ZC (1) The application of this Part to a person (“P”) to whom section 96ZA applies in respect of a conviction, finding or caution is subject to the modifications set out in this section.
(2) References to the “relevant date”—
(a) in a case where P is within section 96ZA(6)(a), are to the date of the conviction,
(b) in a case where P is within section 96ZA(6)(b) or (c), are to the date of the finding, and
(c) in a case where P is within section 96ZA(6)(d), are to the date of the caution.
(3) In section 82—
(a) references, except in the Table, to a person (or relevant offender) within any provision of section 80 are to be read as references to P;
(b) the reference in the Table to section 80(1)(d) is to be read as a reference to section 96ZA(6)(d);
(c) references to an order of any description are to be read as references to any corresponding disposal made in relation to P in respect of an offence or finding by reference to which a notice has been given to P under section 96ZA;
(d) the reference to offences listed in Schedule 3 is to be read as a reference to relevant offences (see section 96ZA(9)).
(4) Section 83 has effect as if after subsection (1) there were inserted—
(1A) In the case of a relevant offender who is subject to the notification requirements of this Part by virtue of a notice being given to the relevant offender under section 96ZA, the reference in subsection (1) to the period of 3 days beginning with the relevant date (or if later the commencement of this Part) is to be read as a reference to the period of 3 days beginning with the day on which the notice was given to the relevant offender.
(5) Section 83(4) has effect as if—
(a) for the words “Where a notification order is made” there were substituted “Where a relevant offender is subject to the notification requirements of this Part by virtue of a notice given under section 96ZA”, and
(b) in paragraph (a) for the words “the order was made” there were substituted “the notice was given to the relevant offender”.
Appeal against the issue of a notice under section 96ZA or 96ZB
96ZD (1) A person (“P”) may appeal to a magistrates’ court against the decision to give them a notice under section 96ZA.
(2) The grounds for bringing an appeal under subsection (1) include—
(a) that one or more of the conditions for the giving of the notice were not met in respect of P at the time the notice was given;
(b) that the conviction, finding or caution by reason of which P was given the notice falls within subsection (3).
(3) A conviction, finding or caution falls within this subsection if—
(a) any investigations or proceedings leading to it were conducted in a way which contravened any of the Convention rights (within the meaning of section 1 of the Human Rights Act 1998) which P would have had if those investigations or proceedings had taken place in the United Kingdom, and
(b) that contravention was such that the conviction, finding or caution cannot be safely relied on for the purposes of meeting the condition in section 96ZA(6).
(4) A person (“the parent”) may appeal to a magistrates’ court against the decision to give them a parental notice under section 96ZB.
(5) The grounds for bringing an appeal under subsection (4) include—
(a) that one or more of the conditions for the giving of a notice under section 96ZA to the person (“P”) for whom the parent has parental responsibility were not met in respect of P at the time the notice under section 96ZA was given;
(b) that the conviction, finding or caution by reason of which P was given a notice under section 96ZA falls within subsection (3);
(c) that one or more of the requirements for giving the parent a parental notice under section 96ZB were not met at the time the parental notice was given.
(6) On an appeal under subsection (1) or (4) a magistrates’ court may cancel or confirm the notice which is the subject of the appeal.
(3) In section 91(1)(a) (offences relating to notification) for “or 89(2)(b)” substitute “, 89(2)(b) or 96ZB(3)(b)”.
(4) In section 91A(3) (review of indefinite notification requirements) for paragraph (c) substitute—
(c) a notice given under section 96ZA.
(5) Omit sections 97 to 103 (notification orders) and section 103G(6) and (7) (notification order made on application for sexual harm prevention order or interim sexual harm prevention order).
(6) In section 133(1) (general interpretation), in the definition of “relevant date” for “98, 100” substitute “, 96ZC”.
(7) Subsection (5) does not affect—
(a) the validity or effect of any order made under section 97 or 100 of the Sexual Offences Act 2003 before the coming into force of this section or the application of Part 2 of that Act to any person in respect of whom such an order was so made;
(b) in respect of an application made under section 97(1) or section 100(2) of that Act before the coming into force of this section—
(i) the determination of such an application, or
(ii) the validity and effect of any order made on such an application or the application of Part 2 of that Act to any person in respect of whom such an order was so made.
(8) The amendments made by subsections (4) and (6) do not apply in respect of any order to which, or any person to whom, subsection (7) applies.
(1) The Sexual Offences Act 2003 is amended as follows.
(2) In section 97 (notification orders: applications and grounds)—
(a) in subsection (1), in the words before paragraph (a)—
(i) for the words from “A chief officer of police” to “police area” substitute “The chief constable of the Police Service of Scotland (“the chief constable”) may by application to any sheriff”, and
(ii) omit “(“the defendant”)”,
(b) in subsection (1)(a)—
(i) for “him” substitute “the chief constable”, and
(ii) for “defendant” substitute “person”,
(c) in subsection (1)(b)—
(i) for “defendant”, in both places it occurs, substitute “person”,
(ii) for “his police area”, in both places it occurs, substitute “Scotland”, and
(iii) for “chief officer” substitute “chief constable”,
(d) in subsection (2)—
(i) for “he”, in each place it occurs, substitute “the person”, and
(ii) in paragraph (c), for “him” substitute “the person”,
(e) in subsection (5) for “court” substitute “sheriff”, and
(f) after subsection (5) insert—
(5A) A record of evidence must be kept on any application for an order under this section.
(5B) The clerk of the court by which a notification order under this section is made must cause a copy of the order as so made to be—
(a) given to the person named in the order,
(b) sent to the person by registered post, or
(c) sent to the person by the recorded delivery service,
and where a copy of the order is so sent to the person, an acknowledgement or certificate of delivery issued by the Post Office is sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate.
(3) In section 98 (notification orders: effect)—
(a) in subsections (1)(a) and (3)(a) and (c) for “defendant” substitute “person in respect of whom the order has effect”, and
(b) in subsection (1)(b) for “defendant” substitute “person”.
(4) In section 99 (sections 97 and 98: relevant offences), in subsections (3) and (4), for “defendant” substitute “person in respect of whom the order is sought”.
(5) In section 100 (interim notification orders)—
(a) in subsection (2)—
(i) in paragraph (a), omit “the complaint containing”, and
(ii) in paragraph (b), for “by complaint to the court to which that application has been made” substitute “by further application to the sheriff to whom the main application has been made”,
(b) in subsection (5)—
(i) in paragraph (a), for “defendant” substitute “person in respect of whom the order has effect”, and
(ii) in paragraph (b), for “defendant” substitute “person”,
(c) in subsection (7)—
(i) for “defendant” substitute “person in respect of whom the order has effect”, and
(ii) for “complaint” substitute “application”, and
(d) after subsection (7) insert—
(7A) A record of evidence must be kept on any application for an order under this section.
(7B) The clerk of the court by which an interim notification order is made, varied, renewed or discharged under this section must cause a copy of, as the case may be—
(a) the order as so made, varied or renewed, or
(b) the interlocutor by which discharge is effected,
to be given to the person named in the order or to be sent to the person in accordance with subsection (7C).
(7C) A copy of the order may be sent to the person named in the order—
(a) by registered post, or
(b) by the recorded delivery service,
and where a copy of the order is so sent to the person, an acknowledgement or certificate of delivery issued by the Post Office is sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate.
(6) Omit sections 101 (notification orders and interim notification orders: appeals in England and Wales) and 103 (sections 97 to 100: Scotland).
171 Applications by British Transport Police and Ministry of Defence Police
(1) The Sexual Offences Act 2003 is amended as follows.
(2) Section 103A (sexual harm prevention orders: applications and grounds) is amended in accordance with subsections (3) to (6).
(3) In subsection (4), for the words before paragraph (a) substitute “A person mentioned in subsection (4A) (“the applicant”) may by complaint to a magistrates’ court apply for a sexual harm prevention order in respect of a person if it appears to the applicant that—”.
(4) After subsection (4) insert—
(4A) Those persons are—
(a) a chief officer of police;
(b) the Director General of the National Crime Agency (“the Director General”);
(c) the chief constable of the British Transport Police Force;
(d) the chief constable of the Ministry of Defence Police.
(5) For subsection (7) substitute—
(7) If the Director General, the chief constable of the British Transport Police Force or the chief constable of the Ministry of Defence Police makes an application under subsection (4), that person must as soon as practicable notify the chief officer of police for a relevant police area of that application.
(6) In subsection (9)(b)—
(a) in the words before sub-paragraph (i), after “the Director General” insert “, the chief constable of the British Transport Police Force or the chief constable of the Ministry of Defence Police”, and
(b) in sub-paragraph (ii), for “Director General” substitute “applicant”.
(7) In section 103F (interim sexual harm prevention orders), after subsection (6) (inserted by section 173 of this Act) insert—
(7) If the Director General of the National Crime Agency, the chief constable of the British Transport Police Force or the chief constable of the Ministry of Defence Police makes an application under this section, that person must as soon as practicable notify the chief officer of police for a relevant police area of that application.
(8) In subsection (7), “relevant police area” has the same meaning as in section 103A (sexual harm prevention orders: applications and grounds) (see section 103A(9)).
(8) In section 103J(1) (sexual harm prevention orders and interim sexual harm prevention orders: guidance) for “chief officers of police and to the Director General of the National Crime Agency” substitute “chief officers of police, the Director General of the National Crime Agency, the chief constable of the British Transport Police Force and the chief constable of the Ministry of Defence Police”.
(9) Section 122A (sexual risk orders: applications, grounds and effect) is amended in accordance with subsections (10) and (11).
(10) For subsection (1) substitute—
(1) A person mentioned in subsection (1A) (“the applicant”) may by complaint to a magistrates’ court apply for an order under this section (a “sexual risk order”) in respect of a person (“the defendant”) if it appears to the applicant that the condition in subsection (2) is met.
(1A) Those persons are—
(a) a chief officer of police;
(b) the Director General of the National Crime Agency (“the Director General”);
(c) the chief constable of the British Transport Police Force;
(d) the chief constable of the Ministry of Defence Police.
(11) For subsection (5) substitute—
(5) If the Director General, the chief constable of the British Transport Police Force or the chief constable of the Ministry of Defence Police makes an application under subsection (1), that person must as soon as practicable notify the chief officer of police for a relevant police area of that application.
(12) In section 122B(3)(b) (interpretation of section 122A)—
(a) after “Agency” insert “, the chief constable of the British Transport Police Force or the chief constable for the Ministry of Defence Police”, and
(b) in sub-paragraph (ii), for “Director General” substitute “applicant”.
(13) In section 122E (interim sexual risk orders), after subsection (6) (inserted by section 173 of this Act) insert—
(7) If the Director General of the National Crime Agency, the chief constable of the British Transport Police Force or the chief constable of the Ministry of Defence Police makes an application under this section, that person must as soon as practicable notify the chief officer of police for a relevant police area of that application.
(8) In subsection (7), “relevant police area” has the same meaning as in section 122A (sexual risk orders: applications, grounds and effect) (see section 122B(3)).
(14) In section 122J(1) (sexual risk orders and interim sexual risk orders: guidance) for “chief officers of police and to the Director General of the National Crime Agency” substitute “chief officers of police, the Director General of the National Crime Agency, the chief constable of the British Transport Police Force and the chief constable of the Ministry of Defence Police”.
(1) The Secretary of State may—
(a) prepare a list of countries and territories outside the United Kingdom in which the Secretary of State considers children are at a high risk of sexual abuse or sexual exploitation from United Kingdom nationals or United Kingdom residents, or
(b) direct a relevant person to prepare a list of countries and territories outside the United Kingdom in which the relevant person considers children are at a high risk of sexual abuse or sexual exploitation from United Kingdom nationals or United Kingdom residents.
(2) If a list is prepared by the Secretary of State, the Secretary of State must lay the list before Parliament.
(3) If a list is prepared by a relevant person—
(a) the relevant person must submit the list to the Secretary of State, and
(b) the Secretary of State must lay the list before Parliament.
(4) As soon as reasonably practicable after a list has been laid before Parliament, the person who prepared the list must publish it.
(5) A list published under subsection (4) has effect for the purposes of—
(a) section 346 of the Sentencing Code (exercise of power to make sexual harm prevention order),
(b) section 350 of the Sentencing Code (sexual harm prevention orders: variations, renewals and discharges),
(c) section 103A of the Sexual Offences Act 2003 (sexual harm prevention orders: applications and grounds),
(d) section 103E of that Act (sexual harm prevention orders: variations, renewals and discharges),
(e) section 103F of that Act (interim sexual harm prevention orders),
(f) section 122A of that Act (sexual risk orders: applications, grounds and effect),
(g) section 122D of that Act (sexual risk orders: variations, renewals and discharges),
(h) section 122E of that Act (interim sexual risk orders),
(i) section 136ZG of that Act (variation of sexual harm prevention order made in Scotland by court in England and Wales),
(j) section 136ZH of that Act (variation of sexual offences prevention order or foreign travel order by court in England and Wales), and
(k) section 136ZI of that Act (variation of sexual risk order made in Scotland by court in England and Wales).
(6) If a list has been published, the person who prepared it must keep it under review and may, from time to time, prepare a revised list (but see subsections (7) and (8)).
(7) If the function under subsection (6) is for the time being exercisable by the Secretary of State, the Secretary of State may direct a relevant person to exercise that function.
(8) If the function under subsection (6) is for the time being exercisable by a relevant person, the Secretary of State may direct that the function is to be exercisable by another relevant person or by the Secretary of State.
(9) A list published under this section may at any time be withdrawn by the Secretary of State.
(10) Subsections (2) to (9) apply to a revised list as they apply to a list prepared under subsection (1).
(11) In this section—
“child” means a person under 18;
“relevant person” means a person whose statutory functions relate to—
the prevention or detection of crime, or
other law enforcement purposes;
“United Kingdom national” means—
a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
a person who under the British Nationality Act 1981 is a British subject, or
a British protected person within the meaning of that Act;
“United Kingdom resident” means an individual who is resident in the United Kingdom.
173 Requirement for courts and certain persons to have regard to the list of countries
(1) In section 346 of the Sentencing Code (exercise of power to make sexual harm prevention order)—
(a) the existing text becomes subsection (1), and
(b) after that subsection insert—
(2) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at a high risk of sexual abuse or sexual exploitation) and has not been withdrawn, the court must have regard to the list in considering—
(a) whether a sexual harm prevention order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the offender outside the United Kingdom, and
(b) in particular, whether a prohibition on foreign travel (see section 348) is necessary for that purpose.
(2) In section 350 of the Sentencing Code (sexual harm prevention orders: variations, renewals and discharges)—
(a) after subsection (3) insert—
(3A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (2)(b) or (c) must have regard to the list in considering—
(a) whether to apply for an order varying or renewing a sexual harm prevention order for the purpose of protecting children generally, or any particular children, from sexual harm from the offender outside the United Kingdom, and
(b) in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose.
, and
(b) after subsection (6A) (inserted by section 175) insert—
(6B) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering—
(a) whether an order varying or renewing the sexual harm prevention order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the offender outside the United Kingdom, and
(b) in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose.
(3) The Sexual Offences Act 2003 is amended as follows.
(4) In section 103A (sexual harm prevention orders: applications and grounds)—
(a) after subsection (3) insert—
(3A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, the court must have regard to the list in considering—
(a) whether a sexual harm prevention order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and
(b) in particular, whether a prohibition on foreign travel (see section 103D) is necessary for that purpose.
, and
(b) after subsection (4A) (inserted by section 171) insert—
(4B) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, a person mentioned in subsection (4A) must have regard to the list in considering—
(a) whether a person has since the appropriate date acted in such a way as to give reasonable cause to believe that it is necessary for a sexual harm prevention order to be made for the purpose of protecting children generally, or any particular children, from sexual harm from that person outside the United Kingdom, and
(b) whether to apply for a prohibition on foreign travel (see section 103D) to be included in any such order for that purpose.
(5) In section 103E (sexual harm prevention orders: variations, renewals and discharges)—
(a) after subsection (2) insert—
(2A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (2)(b) to (d) must have regard to the list in considering—
(a) whether to apply for an order varying or renewing a sexual harm prevention order for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and
(b) in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose.
,
(b) after subsection (5A) (inserted by section 175) insert—
(5B) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering—
(a) whether any order varying or renewing the sexual harm prevention order is necessary for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and
(b) in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose.
, and
(c) in subsection (6), for “subsection (5)” substitute “subsections (2A), (5) and (5B)”.
(6) In section 103F (interim sexual harm prevention orders)—
(a) after subsection (2) insert—
(2A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person who has made, or is considering making, an application under section 103A(4) must have regard to the list in considering—
(a) whether to apply for an interim sexual harm prevention order for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and
(b) in particular, whether to apply for a prohibition on foreign travel to be included in any such order for that purpose.
,
(b) after subsection (3) insert—
(3A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering—
(a) whether to make an interim sexual harm prevention order for the purpose of protecting children generally, or any particular children, from sexual harm from the defendant outside the United Kingdom, and
(b) in particular, whether to include in any such order a prohibition on foreign travel for that purpose.
, and
(c) after subsection (5) insert—
(6) Subsections (2A) and (3A) apply in relation to an application for the variation or renewal of an interim sexual harm prevention order as they apply in relation to an application for such an order.
(7) In section 122A (sexual risk orders: applications, grounds and effect)—
(a) after subsection (2) insert—
(2A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (1A) must have regard to the list in considering—
(a) whether as a result of the act mentioned in subsection (2) there is reasonable cause to believe that it is necessary for a sexual risk order to be made for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and
(b) whether to apply for a prohibition on foreign travel (see section 122C) to be included in any such order for that purpose.
, and
(b) after subsection (6) insert—
(6A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering—
(a) whether a sexual risk order is necessary for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and
(b) in particular, whether a prohibition on foreign travel (see section 122C) is necessary for that purpose.
(8) In section 122D (sexual risk order: variations, renewals and discharges),
(a) after subsection (2) insert—
(2A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person mentioned in subsection (2)(b) to (d) must have regard to the list in considering—
(a) whether to apply for an order varying or renewing a sexual risk order for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and
(b) in particular, whether to apply for an order imposing, varying or renewing a prohibition on foreign travel for that purpose.
,
(b) in subsection (3) for “the application” substitute “an application made under this section”, and
(c) after subsection (4A) (inserted by section 176) insert—
(4B) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering—
(a) whether any order varying or renewing the sexual risk order is necessary for the purposes of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and
(b) in particular, whether an order imposing, varying or renewing a prohibition on foreign travel is necessary for that purpose.
(9) In section 122E (interim sexual risk orders)—
(a) after subsection (2) insert—
(2A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 (list of countries where children are at high risk of sexual abuse or sexual exploitation) and has not been withdrawn, a person who has made, or is considering making, an application for a sexual risk order must have regard to the list in considering—
(a) whether to apply for an interim sexual risk order for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and
(b) in particular, whether to apply for a prohibition on foreign travel to be included in any such order for that purpose.
,
(b) after subsection (3) insert—
(3A) If a list has been published under section 172 of the Police, Crime, Sentencing and Courts Act 2022 and has not been withdrawn, the court must have regard to the list in considering—
(a) whether to make an interim sexual risk order for the purpose of protecting children generally, or any particular children, from harm from the defendant outside the United Kingdom, and
(b) in particular, whether to include a prohibition on foreign travel in any such order for that purpose.
, and
(c) after subsection (5) insert—
(6) Subsections (2A) and (3A) apply in relation to an application for the variation or renewal of an interim sexual risk order as they apply in relation to an application for such an order.
(1) The Sexual Offences Act 2003 is amended as follows.
(2) In section 103A(3) (sexual harm prevention orders: applications and grounds)—
(a) omit “and” at the end of paragraph (a), and
(b) for paragraph (b) substitute—
(b) the court is satisfied on the balance of probabilities that since the appropriate date the defendant has acted in one or more of the ways alleged by the person making the application, and
(c) the court is satisfied that the defendant having acted in such a way makes it necessary to make a sexual harm prevention order, for the purpose of—
(i) protecting the public or any particular members of the public from sexual harm from the defendant, or
(ii) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
(3) In section 122A (sexual risk orders: applications, grounds and effect), for subsection (6) substitute—
(6) On an application under subsection (1), the court may make a sexual risk order if—
(a) the court is satisfied on the balance of probabilities that the defendant has, whether before or after the commencement of this Part, done one or more of the acts of a sexual nature alleged by the person making the application, and
(b) the court is satisfied that as a result of the defendant acting in such a way it is necessary to make such an order for the purpose of—
(i) protecting the public or any particular members of the public from harm from the defendant, or
(ii) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
175 Sexual harm prevention orders: power to impose positive requirements
(1) The Sentencing Code is amended in accordance with subsections (2) to (6).
(2) In section 343 (sexual harm prevention order)—
(a) for subsection (1) substitute—
(1) In this Code a “sexual harm prevention order” means an order made under this Chapter in respect of an offender.
(1A) A sexual harm prevention order may—
(a) prohibit the offender from doing anything described in the order;
(b) require the offender to do anything described in the order.
,
(b) in subsection (2), after “prohibitions” insert “or requirements”, and
(c) after subsection (2) insert—
(3) The prohibitions or requirements which are imposed on the offender by a sexual harm prevention order must, so far as practicable, be such as to avoid—
(a) any conflict with the offender’s religious beliefs,
(b) any interference with the times, if any, at which the offender normally works or attends any educational establishment, and
(c) any conflict with any other court order or injunction to which the offender may be subject (but see section 349).
(3) In section 347 (sexual harm prevention order: matters to be specified)—
(a) in subsection (1)(a), after “prohibitions” insert “and requirements”,
(b) in subsection (1)(b)—
(i) after “each prohibition” insert “or requirement”, and
(ii) for ““prohibition period”” substitute ““specified period””,
(c) in subsection (2)—
(i) in the words before paragraph (a), for “prohibition period” substitute “specified period”, and
(ii) in paragraph (b), after “prohibition” insert “or requirement”, and
(d) in subsection (3), after “prohibitions”, in both places it occurs, insert “or requirements”.
(4) After section 347 insert—
Sexual harm prevention orders: requirements included in order etc.
347A (1) A sexual harm prevention order that imposes a requirement to do something on an offender must specify a person who is to be responsible for supervising compliance with the requirement.
The person may be an individual or an organisation.
(2) Before including such a requirement in a sexual harm prevention order, the court must receive evidence about its suitability and enforceability from—
(a) the individual to be specified under subsection (1), if an individual is to be specified;
(b) an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified.
(3) Subsections (1) and (2) do not apply in relation to electronic monitoring requirements (see instead section 348A(5) and (6)).
(4) It is the duty of a person specified under subsection (1)—
(a) to make any necessary arrangements in connection with the requirements for which the person has responsibility (“the relevant requirements”);
(b) to promote the offender’s compliance with the relevant requirements;
(c) if the person considers that—
(i) the offender has complied with all the relevant requirements, or
(ii) the offender has failed to comply with a relevant requirement,
to inform the appropriate chief officer of police.
(5) In subsection (4)(c) the “appropriate chief officer of police means—
(a) the chief officer of police for the police area in which it appears to the person specified under subsection (1) that the offender lives, or
(b) if it appears to that person that the offender lives in more than one police area, whichever of the chief officers of police of those areas the person thinks it is most appropriate to inform.
(6) An offender subject to a requirement imposed by a sexual harm prevention order must—
(a) keep in touch with the person specified under subsection (1) in relation to that requirement, in accordance with any instructions given by that person from time to time, and
(b) notify that person of any change of the offender’s home address.
These obligations have effect as requirements of the order.
(7) In this section “home address”, in relation to an offender, means—
(a) the address of the offender’s sole or main residence in the United Kingdom, or
(b) where the offender has no such residence, the address or location of a place in the United Kingdom where the offender can regularly be found and, if there is more than one such place, such one of those places as the offender may select.
(5) In section 350 (sexual harm prevention orders: variations, renewals and discharges)—
(a) in subsection (6)—
(i) in the words before paragraph (a), after “prohibitions” insert “or requirements”, and
(ii) in the words after paragraph (b), after “prohibitions” insert “and requirements”,
(b) after subsection (6) insert—
(6A) Any additional prohibitions or requirements that are imposed on the offender must, so far as practicable, be such as to avoid—
(a) any conflict with the offender’s religious beliefs,
(b) any interference with the times, if any, at which the offender normally works or attends any educational establishment, and
(c) any conflict with any other court order or injunction to which the offender may be subject.
, and
(c) in subsection (8), after “other prohibitions” insert “or requirements”.
(6) In section 354 (offence: breach of sexual harm prevention order)—
(a) for subsection (1) substitute—
(1) A person commits an offence if, without reasonable excuse, the person—
(a) does anything that the person is prohibited from doing by a sexual harm prevention order, or
(b) fails to do something that the person is required to do by a sexual harm prevention order.
,
(b) in subsection (2), for “doing anything prohibited by such an order” substitute “breaching such an order”, and
(c) omit subsection (3).
(7) In paragraph 98 of Schedule 22 to the Sentencing Act 2020 (amendment of section 354 of the Sentencing Code), in the substituted subsection (2) for “doing anything prohibited by such an order” substitute “breaching such an order”.
(8) The Sexual Offences Act 2003 is amended as follows.
(9) In section 103C (sexual harm prevention orders: effect)—
(a) for subsection (1) substitute—
(1) A sexual harm prevention order may—
(a) prohibit the defendant from doing anything described in the order;
(b) require the defendant to do anything described in the order.
,
(b) in subsection (2), after “prohibition” insert “or requirement”,
(c) in subsection (3), after “prohibitions”, in both places it occurs, insert “or requirements”,
(d) in subsection (4), after “prohibitions” insert “or requirements”, and
(e) after subsection (4) insert—
(4A) The prohibitions or requirements which are imposed on the defendant by a sexual harm prevention order must, so far as practicable, be such as to avoid—
(a) any conflict with the defendant’s religious beliefs,
(b) any interference with the times, if any, at which the defendant normally works or attends any educational establishment, and
(c) any conflict with any other court order or injunction to which the defendant may be subject (but see subsection (6)).
(10) After section 103C insert—
SHPOs: requirements included in order etc.
103CA (1) A sexual harm prevention order that imposes a requirement to do something on a defendant must specify a person who is to be responsible for supervising compliance with the requirement.
The person may be an individual or an organisation.
(2) Before including such a requirement in a sexual harm prevention order, the court must receive evidence about its suitability and enforceability from—
(a) the individual to be specified under subsection (1), if an individual is to be specified;
(b) an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified.
(3) Subsections (1) and (2) do not apply in relation to electronic monitoring requirements (see instead section 103FA(5) and (6)).
(4) It is the duty of a person specified under subsection (1)—
(a) to make any necessary arrangements in connection with the requirements for which the person has responsibility (“the relevant requirements”);
(b) to promote the defendant’s compliance with the relevant requirements;
(c) if the person considers that—
(i) the defendant has complied with all the relevant requirements, or
(ii) the defendant has failed to comply with a relevant requirement,
to inform the appropriate chief officer of police.
(5) In subsection (4)(c) the “appropriate chief officer of police means—
(a) the chief officer of police for the police area in which it appears to the person specified under subsection (1) that the defendant resides, or
(b) if it appears to that person that the defendant resides in more than one police area, whichever of the chief officers of police of those areas the person thinks it is most appropriate to inform.
(6) A defendant subject to a requirement imposed by a sexual harm prevention order must—
(a) keep in touch with the person specified under subsection (1) in relation to that requirement, in accordance with any instructions given by that person from time to time, and
(b) notify that person of any change of the defendant’s home address.
These obligations have effect as requirements of the order.
(11) In section 103E (sexual harm prevention orders: variations, renewals and discharges)—
(a) in subsection (5)—
(i) in the words before paragraph (a), after “prohibitions” insert “or requirements”, and
(ii) in the words after paragraph (b), after “prohibitions” insert “and requirements”,
(b) after subsection (5) insert—
(5A) Any additional prohibitions or requirements that are imposed on the defendant must, so far as practicable, be such as to avoid—
(a) any conflict with the defendant’s religious beliefs,
(b) any interference with the times, if any, at which the defendant normally works or attends any educational establishment, and
(c) any conflict with any other court order or injunction to which the defendant may be subject.
, and
(c) in subsection (8), after “prohibitions” insert “or requirements”.
(12) In section 103F(3) (interim sexual harm prevention orders), for the words from “, prohibiting the defendant” to the end of the subsection substitute “—
(a) prohibiting the defendant from doing anything described in the order;
(b) requiring the defendant to do anything described in the order.”
(13) In section 103I (offence: breach of sexual harm prevention order or interim sexual harm prevention order)—
(a) before subsection (1) insert—
(A1) A person who, without reasonable excuse—
(a) does anything that the person is prohibited from doing by a sexual harm prevention order or an interim sexual harm prevention order, or
(b) fails to do something that the person is required to do by a sexual harm prevention order or an interim sexual harm prevention order,
commits an offence.
,
(b) in subsection (1), omit paragraphs (a) and (b), and
(c) omit subsection (2).
176 Sexual risk orders: power to impose positive requirements
(1) The Sexual Offences Act 2003 is amended as follows.
(2) In section 122A (sexual risk orders: applications, grounds and effect)—
(a) for subsection (7) substitute—
(7) A sexual risk order may—
(a) prohibit the defendant from doing anything described in the order;
(b) require the defendant to do anything described in the order.
,
(b) in subsection (8), for the words from “may specify” to the end of the subsection substitute
—
(a) has effect for a fixed period (not less than 2 years) specified in the order or until further order, and
(b) may specify different periods for different prohibitions or requirements.
,
(c) in subsection (9), after “prohibitions” insert “or requirements”, and
(d) after subsection (9) insert—
(9A) The prohibitions or requirements which are imposed on the defendant by a sexual risk order must, so far as practicable, be such as to avoid—
(a) any conflict with the defendant’s religious beliefs,
(b) any interference with the times, if any, at which the defendant normally works or attends any educational establishment, and
(c) any conflict with any other court order or injunction to which the defendant may be subject (but see subsection (10)).
(3) After section 122B insert—
Sexual risk orders: requirements included in order etc.
122BA (1) A sexual risk order that imposes a requirement to do something on a defendant must specify a person who is to be responsible for supervising compliance with the requirement.
The person may be an individual or an organisation.
(2) Before including such a requirement in a sexual risk order, the court must receive evidence about its suitability and enforceability from—
(a) the individual to be specified under subsection (1), if an individual is to be specified;
(b) an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified.
(3) Subsections (1) and (2) do not apply in relation to electronic monitoring requirements (see instead section 122EA(5) and (6)).
(4) It is the duty of a person specified under subsection (1)—
(a) to make any necessary arrangements in connection with the requirements for which the person has responsibility (“the relevant requirements”);
(b) to promote the defendant’s compliance with the relevant requirements;
(c) if the person considers that—
(i) the defendant has complied with all the relevant requirements, or
(ii) the defendant has failed to comply with a relevant requirement,
to inform the appropriate chief officer of police.
(5) In subsection (4)(c) the “appropriate chief officer of police means—
(a) the chief officer of police for the police area in which it appears to the person specified under subsection (1) that the defendant resides, or
(b) if it appears to that person that the defendant resides in more than one police area, whichever of the chief officers of police of those areas the person thinks it is most appropriate to inform.
(6) A defendant subject to a requirement imposed by a sexual risk order must—
(a) keep in touch with the person specified under subsection (1) in relation to that requirement, in accordance with any instructions given by that person from time to time, and
(b) notify that person of any change of the defendant’s home address.
These obligations have effect as requirements of the order.
(4) In section 122D (sexual risk orders: variations, renewals and discharges)—
(a) in subsection (4)—
(i) in the words before paragraph (a), after “prohibitions” insert “or requirements”, and
(ii) in the words after paragraph (b), after “prohibitions” insert “and requirements”, and
(b) after that subsection, insert—
(4A) Any additional prohibitions or requirements that are imposed on the defendant must, so far as practicable, be such as to avoid—
(a) any conflict with the defendant’s religious beliefs,
(b) any interference with the times, if any, at which the defendant normally works or attends any educational establishment, and
(c) any conflict with any other court order or injunction to which the defendant may be subject.
(5) In section 122E(3) (interim sexual risk orders), for the words from “, prohibiting the defendant” to the end of the subsection substitute “—
(a) prohibiting the defendant from doing anything described in the order;
(b) requiring the defendant to do anything described in the order.”
(6) In section 122H (offence: breach of sexual risk order or interim sexual risk order etc)—
(a) before subsection (1) insert—
(A1) A person who, without reasonable excuse—
(a) does anything that the person is prohibited from doing by a sexual risk order or an interim sexual risk order, or
(b) fails to do something that the person is required to do by a sexual risk order or an interim sexual risk order,
commits an offence.
,
(b) in subsection (1), omit paragraphs (a) and (b), and
(c) omit subsection (2).
(1) In section 351 of the Sentencing Code (variation of sexual harm prevention order by court in Northern Ireland)—
(a) in subsection (6), in the words before paragraph (a), after “prohibitions” insert “or requirements”, and
(b) in subsection (7), in the words before paragraph (a), after “prohibitions” insert “and requirements”.
(2) In section 113 of the Sexual Offences Act 2003 (offence: breach of SOPO or interim SOPO etc), for subsection (1ZA) substitute—
(1ZA) A person commits an offence if, without reasonable excuse, the person—
(a) contravenes a prohibition imposed by—
(i) a sexual harm prevention order,
(ii) an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention order on conviction), or
(iii) an interim sexual harm prevention order,
other than a prohibition on foreign travel, or
(b) fails to comply with a requirement imposed by—
(i) a sexual harm prevention order,
(ii) an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention order on conviction), or
(iii) an interim sexual harm prevention order.
(3) In section 128 of the Sexual Offences Act 2003 (offence: breach of RSHO or interim RSHO etc)—
(a) in subsection (1) omit paragraphs (c) and (d), and
(b) after subsection (1) insert—
(1A) A person who, without reasonable excuse—
(a) does anything that the person is prohibited from doing by a sexual risk order or an interim sexual risk order, or
(b) fails to do something that the person is required to do by a sexual risk order or an interim sexual risk order,
commits an offence.
(4) In section 136ZA(2) of the Sexual Offences Act 2003 (application of orders throughout the United Kingdom), after “prohibitions” insert “or requirements”.
(5) In section 136ZC of the Sexual Offences Act 2003 (variation of sexual harm prevention order by court in Northern Ireland)—
(a) in subsection (5), in the words before paragraph (a), after “prohibitions” insert “or requirements”, and
(b) in subsection (6), in the words before paragraph (a), after “prohibitions” insert “and requirements”.
(6) In section 136ZD of the Sexual Offences Act 2003 (variation of sexual risk order by court in Northern Ireland)—
(a) in subsection (4), in the words before paragraph (a), after “prohibitions” insert “or requirements”, and
(b) in subsection (5), in the words before paragraph (a), after “prohibitions” insert “and requirements”.
(7) In section 37 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) (breach of orders equivalent to orders in Chapters 3 and 4: offence)—
(a) after subsection (1) insert—
(1A) A person commits an offence if, without reasonable excuse, the person fails to do something which the person is required to do by an equivalent order from elsewhere in the United Kingdom.
,
(b) in each of subsections (2) and (3), after “subsection (1)” insert “or (1A)”, and
(c) in subsection (4), after “prohibitions” insert “or requirements”.