(1) Section 14 of the Public Order Act 1986 (imposing conditions on public assemblies) is amended as follows.
(2) In subsection (1)—
(a) for “If” substitute “Subsection (1A) applies if”,
(b) for the “or” at the end of paragraph (a) substitute—
(aa) in the case of an assembly in England and Wales, the noise generated by persons taking part in the assembly may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the assembly,
(ab) in the case of an assembly in England and Wales—
(i) the noise generated by persons taking part in the assembly may have a relevant impact on persons in the vicinity of the assembly, and
(ii) that impact may be significant, or
, and
(c) omit the words after paragraph (b).
(3) After subsection (1) insert—
(1A) The senior police officer may give directions imposing on the persons organising or taking part in the assembly—
(a) in the case of an assembly in England and Wales, such conditions as appear to the officer necessary to prevent the disorder, damage, disruption, impact or intimidation mentioned in subsection (1);
(b) in the case of an assembly in Scotland, such conditions as to the place at which the assembly may be (or continue to be) held, its maximum duration, or the maximum number of persons who may constitute it, as appear to the officer necessary to prevent the disorder, damage, disruption or intimidation mentioned in subsection (1)(a) or (b).
(4) In subsection (2), for “subsection (1)” substitute “this section”.
(5) After subsection (2) insert—
(2A) For the purposes of subsection (1)(a), the cases in which a public assembly in England and Wales may result in serious disruption to the life of the community include, in particular, where—
(a) it may result in a significant delay to the supply of a time-sensitive product to consumers of that product, or
(b) it may result in a prolonged disruption of access to any essential goods or any essential service, including, in particular, access to—
(i) the supply of money, food, water, energy or fuel,
(ii) a system of communication,
(iii) a place of worship,
(iv) a transport facility,
(v) an educational institution, or
(vi) a service relating to health.
(2B) In subsection (2A)(a) “time-sensitive product” means a product whose value or use to its consumers may be significantly reduced by a delay in the supply of the product to them.
(2C) For the purposes of subsection (1)(aa), the cases in which the noise generated by persons taking part in a public assembly may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the assembly include, in particular, where it may result in persons connected with the organisation not being reasonably able, for a prolonged period of time, to carry on in that vicinity the activities or any one of them.
(2D) For the purposes of subsection (1)(ab)(i), the noise generated by persons taking part in an assembly may have a relevant impact on persons in the vicinity of the assembly if—
(a) it may result in the intimidation or harassment of persons of reasonable firmness with the characteristics of persons likely to be in the vicinity, or
(b) it may cause such persons to suffer alarm or distress.
(2E) In considering for the purposes of subsection (1)(ab)(ii) whether the noise generated by persons taking part in an assembly may have a significant impact on persons in the vicinity of the assembly, the senior police officer must have regard to—
(a) the likely number of persons of the kind mentioned in paragraph (a) of subsection (2D) who may experience an impact of the kind mentioned in paragraph (a) or (b) of that subsection,
(b) the likely duration of that impact on such persons, and
(c) the likely intensity of that impact on such persons.
(6) After subsection (10A) (as inserted by section 75(11)) insert—
(11) The Secretary of State may by regulations amend any of subsections (2A) to (2C) for the purposes of making provision about the meaning for the purposes of this section of—
(a) serious disruption to the activities of an organisation which are carried on in the vicinity of a public assembly, or
(b) serious disruption to the life of the community.
(12) Regulations under subsection (11) may, in particular, amend any of those subsections for the purposes of—
(a) defining any aspect of an expression mentioned in subsection (11)(a) or (b) for the purposes of this section;
(b) giving examples of cases in which a public assembly is or is not to be treated as resulting in—
(i) serious disruption to the activities of an organisation which are carried on in the vicinity of the assembly, or
(ii) serious disruption to the life of the community.
(13) Regulations under subsection (11)—
(a) are to be made by statutory instrument;
(b) may apply only in relation to public assemblies in England and Wales;
(c) may make incidental, supplementary, consequential, transitional, transitory or saving provision, including provision which makes consequential amendments to this Part.
(14) A statutory instrument containing regulations under subsection (11) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(7) The Secretary of State must, before the end of the period of 2 years beginning with the day on which this section comes into force—
(a) prepare and publish a report on the operation of the amendments to section 14 of the Public Order Act 1986 made by this section, and
(b) lay the report before Parliament.
75 Offences under sections 12 and 14 of the Public Order Act 1986
(1) The Public Order Act 1986 is amended as follows.
(2) Section 12 (imposing conditions on public processions) is amended in accordance with subsections (3) to (6).
(3) In subsection (4)—
(a) for “A person” substitute “Subject to subsection (5A), a person”, and
(b) omit “knowingly”.
(4) In subsection (5)—
(a) for “A person” substitute “Subject to subsection (5A), a person”, and
(b) omit “knowingly”.
(5) After subsection (5) insert—
(5A) A person is guilty of an offence under subsection (4) or (5) only if—
(a) in the case of a public procession in England and Wales, at the time the person fails to comply with the condition the person knows or ought to know that the condition has been imposed;
(b) in the case of a public procession in Scotland, the person knowingly fails to comply with the condition.
(6) For subsections (8) to (10) substitute—
(8) A person guilty of an offence under subsection (4) is liable on summary conviction—
(a) in the case of a public procession in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both;
(b) in the case of a public procession in Scotland, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.
(9) A person guilty of an offence under subsection (5) is liable on summary conviction—
(a) in the case of a public procession in England and Wales, to a fine not exceeding level 4 on the standard scale;
(b) in the case of a public procession in Scotland, to a fine not exceeding level 3 on the standard scale.
(10) A person guilty of an offence under subsection (6) is liable on summary conviction—
(a) in the case of a public procession in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both;
(b) in the case of a public procession in Scotland, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.
(10A) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the references in subsections (8)(a) and to (10)(a) to 51 weeks are to be read as references to 6 months.
(7) Section 14 (imposing conditions on public assemblies) is amended in accordance with subsections (8) to (11).
(8) In subsection (4)—
(a) for “A person” substitute “Subject to subsection (5A), a person”, and
(b) omit “knowingly”.
(9) In subsection (5)—
(a) for “A person” substitute “Subject to subsection (5A), a person”, and
(b) omit “knowingly”.
(10) After subsection (5) insert—
(5A) A person is guilty of an offence under subsection (4) or (5) only if—
(a) in the case of a public assembly in England and Wales, at the time the person fails to comply with the condition the person knows or ought to know that the condition has been imposed;
(b) in the case of a public assembly in Scotland, the person knowingly fails to comply with the condition.
(11) For subsections (8) to (10) substitute—
(8) A person guilty of an offence under subsection (4) is liable on summary conviction—
(a) in the case of a public assembly in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both;
(b) in the case of a public assembly in Scotland, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.
(9) A person guilty of an offence under subsection (5) is liable on summary conviction—
(a) in the case of a public assembly in England and Wales, to a fine not exceeding level 4 on the standard scale;
(b) in the case of a public assembly in Scotland, to a fine not exceeding level 3 on the standard scale.
(10) A person guilty of an offence under subsection (6) is liable on summary conviction—
(a) in the case of a public assembly in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both;
(b) in the case of a public assembly in Scotland, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.
(10A) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the references in subsections (8)(a) and to (10)(a) to 51 weeks are to be read as references to 6 months.
(12) Subsections (6) and (11) apply only in relation to offences committed on or after the day on which this section comes into force.
(1) Part 3 of the Police Reform and Social Responsibility Act 2011 (Parliament Square etc) is amended as follows.
(2) In section 142A (other controlled areas in vicinity of the Palace of Westminster)—
(a) in subsection (1)—
(i) in paragraph (a), after sub-paragraph (i) insert—
(ia) Canon Row,
(ib) Parliament Street,
(ic) Derby Gate,
(id) Parliament Square,
, and
(ii) after paragraph (a) insert—
(aa) so much of the highway in the postal district SW1 known as Victoria Embankment as lies between the highway in that district known as Bridge Street and the highway in that district known as Richmond Terrace,
, and
(b) after subsection (1) insert—
(1A) A reference to a highway in subsection (1)(a) or (aa) includes any land immediately adjoining that highway and to which the public have or are permitted access.
(3) In section 143 (prohibited activities in controlled area of Parliament Square or in Palace of Westminster controlled area)—
(a) in subsection (2), after paragraph (e) insert—
(f) obstructing, by the use of any item or otherwise, the passage of a vehicle of any description into or out of an entrance into or exit from the Parliamentary Estate, where that entrance or exit is within, or adjoins, the Palace of Westminster controlled area.
,
(b) in subsection (3)(b) for “relevant authority” substitute “relevant person”,
(c) after subsection (4) insert—
(4A) In subsection (2)(f) the reference to obstructing the passage of a vehicle includes making the passage of a vehicle more difficult.
,
(d) in subsection (5)—
(i) in the words before paragraph (a), for ““relevant authority”” substitute ““relevant person””,
(ii) omit “or” at the end of paragraph (b), and
(iii) after paragraph (c) insert—
(d) a relevant member of the House of Lords staff, or
(e) a relevant member of the House of Commons staff
, and
(e) after subsection (5) insert—
(5A) In subsection (5)—
“relevant member of the House of Lords staff” has the meaning given by section 194(6) of the Employment Rights Act 1996;
“relevant member of the House of Commons staff” has the meaning given by section 195(5) of that Act.
(4) Subsection (2) does not affect—
(a) any direction given under section 143(1) of the Police Reform and Social Responsibility Act 2011 before the day on which this section came into force,
(b) any order made under section 146(1)(b) of that Act before that day, or
(c) any authorisation given under section 147 of that Act before that day.
(5) Any such direction, order or authorisation applies in relation to the Palace of Westminster controlled area as defined by section 142A(1) of that Act as it had effect immediately before that day.
77 Power to specify other areas as controlled areas
After section 149 of the Police Reform and Social Responsibility Act 2011 insert—
Power to specify other areas as controlled areas
149A (1) The Secretary of State may by regulations provide for any provision of sections 143 to 148 and 149(3) to apply, with or without modifications, in relation to an area specified in the regulations.
(2) An area may be specified in regulations under subsection (1) by description, by reference to a map or plan or in any other way.
(3) Regulations under subsection (1) may be made only if—
(a) either House of Parliament is, or is proposed to be, located somewhere other than the Palace of Westminster as a result of the Parliamentary building works or for any other reason, and
(b) as a result of that relocation, or proposed relocation, the Secretary of State considers that it is reasonably necessary for activities which are prohibited in relation to the controlled area of Parliament Square or the Palace of Westminster controlled area to be prohibited in relation to the area specified in the regulations.
(4) In subsection (3)(a) “the Parliamentary building works” has the meaning given by section 1(1) of the Parliamentary Buildings (Restoration and Renewal) Act 2019.
(5) The Secretary of State may by regulations make provision for any other enactment, or any instrument made under an enactment, to have effect with modifications in consequence of regulations under subsection (1).
78 Intentionally or recklessly causing public nuisance
(1) A person commits an offence if—
(a) the person—
(i) does an act, or
(ii) omits to do an act that they are required to do by any enactment or rule of law,
(b) the person’s act or omission—
(i) creates a risk of, or causes, serious harm to the public or a section of the public, or
(ii) obstructs the public or a section of the public in the exercise or enjoyment of a right that may be exercised or enjoyed by the public at large, and
(c) the person intends that their act or omission will have a consequence mentioned in paragraph (b) or is reckless as to whether it will have such a consequence.
(2) In subsection (1)(b)(i) “serious harm” means—
(a) death, personal injury or disease,
(b) loss of, or damage to, property, or
(c) serious distress, serious annoyance, serious inconvenience or serious loss of amenity.
(3) It is a defence for a person charged with an offence under subsection (1) to prove that they had a reasonable excuse for the act or omission mentioned in paragraph (a) of that subsection.
(4) A person guilty of an offence under subsection (1) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years, to a fine or to both.
(5) In relation to an offence committed before the coming into force of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 (increase in magistrates’ court power to impose imprisonment) the reference in subsection (4)(a) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
(6) The common law offence of public nuisance is abolished.
(7) Subsections (1) to (6) do not apply in relation to—
(a) any act or omission which occurred before the coming into force of those subsections, or
(b) any act or omission which began before the coming into force of those subsections and continues after their coming into force.
(8) This section does not affect—
(a) the liability of any person for an offence other than the common law offence of public nuisance,
(b) the civil liability of any person for the tort of public nuisance, or
(c) the ability to take any action under any enactment against a person for any act or omission within subsection (1).
(9) In this section “enactment” includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978.
(1) After section 14 of the Public Order Act 1986 insert—
Imposing conditions on one-person protests
14ZA (1) Subsection (2) applies if the senior police officer, having regard to the time or place at which and the circumstances in which any one-person protest in England and Wales is being carried on or is intended to be carried on, reasonably believes—
(a) that the noise generated by the person carrying on the protest may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the protest, or
(b) that—
(i) the noise generated by the person carrying on the protest may have a relevant impact on persons in the vicinity of the protest, and
(ii) that impact may be significant.
(2) The senior police officer may give directions imposing on the person organising or carrying on the protest such conditions as appear to the officer necessary to prevent such disruption or impact.
(3) Where the one-person protest is moving, or is intended to move, from place to place—
(a) the senior police officer must also have regard under subsection (1) to its route or proposed route, and
(b) the conditions which may be imposed under subsection (2) include conditions as to the route of the protest or prohibiting the person carrying on the protest from entering any public place specified in the direction while the person is carrying it on.
(4) In this section “one-person protest” means a protest which, at any one time, is carried on by one person in a public place.
(5) In this section “the senior police officer” means—
(a) in relation to a one-person protest being held or to a one-person protest intended to be held in a case where a person is in a place with a view to carrying on such a protest, the most senior in rank of the police officers present at the scene, and
(b) in relation to a one-person protest intended to be held in a case where paragraph (a) does not apply, the chief officer of police.
(6) For the purposes of subsection (1)(a), the cases in which the noise generated by a person taking part in a one-person protest may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the protest include, in particular, where it may result in persons connected with the organisation not being reasonably able, for a prolonged period of time, to carry on in that vicinity the activities or any one of them.
(7) For the purposes of subsection (1)(b)(i), the noise generated by a person carrying on a one-person protest may have a relevant impact on persons in the vicinity of the protest if—
(a) it may result in the intimidation or harassment of persons of reasonable firmness with the characteristics of persons likely to be in the vicinity, or
(b) it may cause such persons to suffer alarm or distress.
(8) In considering for the purposes of subsection (1)(b)(ii) whether the noise generated by a person carrying on a one-person protest may have a significant impact on persons in the vicinity of the protest, the senior police officer must have regard to—
(a) the likely number of persons of the kind mentioned in paragraph (a) of subsection (7) who may experience an impact of the kind mentioned in paragraph (a) or (b) of that subsection,
(b) the likely duration of that impact on such persons, and
(c) the likely intensity of that impact on such persons.
(9) A direction given by a chief officer of police by virtue of subsection (5)(b) must be given in writing.
(10) A person (“P”) is guilty of an offence if—
(a) P organises or carries on a one-person protest,
(b) P fails to comply with a condition imposed under this section, and
(c) at the time P fails to comply with the condition, P knows or ought to know that the condition has been imposed.
(11) It is a defence for a person charged with an offence under subsection (10) to prove that the failure arose from circumstances beyond the person’s control.
(12) A person who incites another to commit an offence under subsection (10) is guilty of an offence.
(13) A person guilty of an offence under subsection (10) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(14) A person guilty of an offence under subsection (12) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both.
(15) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (14) to 51 weeks is to be read as a reference to 6 months.
(16) The Secretary of State may by regulations amend subsection (6) for the purposes of making provision about the meaning for the purposes of this section of serious disruption to the activities of an organisation which are carried on in the vicinity of a one-person protest.
(17) Regulations under subsection (16) may, in particular, amend that subsection for the purposes of—
(a) defining any aspect of that expression for the purposes of this section;
(b) giving examples of cases in which a one-person protest is or is not to be treated as resulting in serious disruption to the activities of an organisation which are carried on in the vicinity of the protest.
(18) Regulations under subsection (16)—
(a) are to be made by statutory instrument;
(b) may make incidental, supplementary, consequential, transitional, transitory or saving provision, including provision which makes consequential amendments to this Part.
(19) A statutory instrument containing regulations under subsection (16) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(2) The Secretary of State must, before the end of the period of 2 years beginning with the day on which this section comes into force—
(a) prepare and publish a report on the operation of section 14ZA of the Public Order Act 1986, and
(b) lay the report before Parliament.
(1) Section 137 of the Highways Act 1980 (penalty for wilful obstruction) is amended as follows.
(2) In subsection (1)—
(a) after “liable to” insert “imprisonment for a term not exceeding 51 weeks or”;
(b) for “not exceeding level 3 on the standard scale” substitute “or both”.
(3) After subsection (1) insert—
(1A) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (1) to 51 weeks is to be read as a reference to 6 months.
(1B) For the purposes of this section it does not matter whether free passage along the highway in question has already been temporarily restricted or temporarily prohibited (whether by a constable, a traffic authority or otherwise).
(1C) In subsection (1B), “traffic authority” has the same meaning as in the Road Traffic Regulation Act 1984 (see section 121A of that Act).
(1) The Vagrancy Act 1824 is repealed.
(2) Subsections (3) to (7) contain amendments and repeals in consequence of subsection (1).
(3) The following are repealed—
(a) the Vagrancy Act 1935;
(b) section 2(3)(c) of the House to House Collections Act 1939 (licences);
(c) section 20 of the Criminal Justice Act 1967 (power of magistrates’ court to commit on bail for sentence);
(d) in the Criminal Justice Act 1982—
(i) section 70 and the italic heading immediately before that section (vagrancy offences), and
(ii) paragraph 1 of Schedule 14 and the italic heading immediately before that paragraph (minor and consequential amendments);
(e) section 43(5) of the Mental Health Act 1983 (power of magistrates’ courts to commit for restriction order);
(f) section 26(5) of the Criminal Justice Act 1991 (alteration of certain penalties);
(g) in the Criminal Justice Act 2003—
(i) paragraphs 1 and 2 of Schedule 25 and the italic heading immediately before those paragraphs (summary offences no longer punishable with imprisonment), and
(ii) paragraphs 145 and 146 of Schedule 32 and the italic heading immediately before those paragraphs (amendments relating to sentencing);
(h) paragraph 18 of Schedule 8 to the Serious Organised Crime and Police Act 2005 (powers of accredited persons).
(4) In section 81 of the Public Health Acts Amendment Act 1907 (extending definition of public place and street for certain purposes), omit the words from “shall”, in the first place it occurs, to “public place, and”.
(5) In section 48(2) of the Forestry Act 1967 (powers of entry and enforcement), omit “or against the Vagrancy Act 1824”.
(6) In the Police Reform Act 2002—
(a) in Schedule 3C (powers of community support officers and community support volunteers)—
(i) omit paragraph 3(3)(b),
(ii) omit paragraph 7(3),
(iii) in paragraph 7(4), omit “or (3)”, and
(iv) in paragraph 7(7)(a), omit “or (3)”, and
(b) in Schedule 5 (powers exercisable by accredited persons), omit paragraph 2(3)(aa).
(7) In the Sentencing Code—
(a) in section 20(1) (committal in certain cases where offender committed in respect of another offence)—
(i) at the end of paragraph (e), insert “or”, and
(ii) omit paragraph (g) (and the “or” immediately before it), and
(b) omit section 24(1)(f) (further powers to commit offender to the Crown Court to be dealt with).
(8) The amendments and repeals made by this section do not apply in relation to an offence committed before this section comes into force.
(1) The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.
(2) After section 59 insert—
Power to make expedited public spaces protection orders
59A (1) A local authority may make an expedited public spaces protection order (an “expedited order”) in relation to a public place within the local authority’s area if satisfied on reasonable grounds that three conditions are met.
(2) The first condition is that the public place is in the vicinity of—
(a) a school in the local authority’s area, or
(b) a site in the local authority’s area where, or from which—
(i) vaccines are provided to members of the public by, or pursuant to arrangements with, an NHS body, or
(ii) test and trace services are provided.
The reference in paragraph (b)(i) to arrangements includes arrangements made by the NHS body in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006.
(3) The second condition is that activities carried on, or likely to be carried on, in the public place by one or more individuals in the course of a protest or demonstration have had, or are likely to have, the effect of—
(a) harassing or intimidating members of staff or volunteers at the school or site,
(b) harassing or intimidating persons using the services of the school or site,
(c) impeding the provision of services by staff or volunteers at the school or site, or
(d) impeding access by persons seeking to use the services of the school or site.
(4) The third condition is that the effect or likely effect mentioned in subsection (3)—
(a) is, or is likely to be, of a persistent or continuing nature,
(b) is, or is likely to be, such as to make the activities unreasonable, and
(c) justifies the restrictions imposed by the order.
(5) An expedited order is an order that identifies the public place referred to in subsection (1) (“the restricted area”) and—
(a) prohibits specified things being done in the restricted area,
(b) requires specified things to be done by persons carrying on specified activities in that area, or
(c) does both of those things.
(6) The only prohibitions or requirements that may be imposed are ones that are reasonable to impose in order—
(a) to prevent the harassment, intimidation or impediment referred to in subsection (3) from continuing, occurring or recurring, or
(b) to reduce that harassment, intimidation or impediment or to reduce the risk of its continuance, occurrence or recurrence.
(7) A prohibition or requirement may be framed—
(a) so as to apply to all persons, or only to persons in specified categories, or to all persons except those in specified categories;
(b) so as to apply at all times, or only at specified times, or at all times except those specified;
(c) so as to apply in all circumstances, or only in specified circumstances, or in all circumstances except those specified.
(8) An expedited order must—
(a) identify the activities referred to in subsection (3);
(b) explain the effect of section 63 (where it applies) and section 67;
(c) specify the period for which the order has effect.
(9) An expedited order may not be made in relation to a public place if that place (or any part of it) is or has been the subject of an expedited order (“the earlier order”), unless the period specified in subsection (11) has expired.
(10) In subsection (9) the second reference to “an expedited order” is to be read as including a reference to a public spaces protection order (made after the day on which this section comes into force) which neither prohibited nor required anything that could not have been prohibited or required by an expedited order.
(11) The period specified in this subsection is the period of a year beginning with the day on which the earlier order ceased to have effect.
(12) An expedited order must be published in accordance with regulations made by the Secretary of State.
(13) For the purposes of subsection (2), a public place that is coextensive with, includes, or is wholly or partly within, a school or site is regarded as being “in the vicinity of” that school or site.
(14) In this section references to a “school” are to be read as including a 16 to 19 Academy.
(15) In this section “test and trace services” means—
(a) in relation to England, services of the programme known as NHS Test and Trace;
(b) in relation to Wales, services of the programme known as Test, Trace, Protect.
(3) After section 60 insert—
Duration of expedited orders
60A (1) An expedited order may not have effect for a period of more than 6 months.
(2) Subject to subsection (1), the local authority that made an expedited order may, before the time when the order is due to expire, extend the period for which the order has effect if satisfied on reasonable grounds that doing so is necessary to prevent—
(a) occurrence or recurrence after that time of the activities identified in the order, or
(b) an increase in the frequency or seriousness of those activities after that time.
(3) Where a local authority has made an expedited order, the authority may, at any time before the order is due to expire, reduce the period for which the order is to have effect if satisfied on reasonable grounds that the reduced period will be sufficient having regard to the degree of risk of an occurrence, recurrence or increase such as is mentioned in subsection (2)(a) or (b).
(4) An extension or reduction under this section of the period for which an order has effect must be published in accordance with regulations made by the Secretary of State.
(5) An expedited order may be extended or reduced under this section more than once.
(4) After section 72 insert—
Expedited orders: Convention rights and consents
72A (1) A local authority, in deciding—
(a) whether to make an expedited order (under section 59A) and if so what it should include,
(b) whether to extend or reduce the period for which an expedited order has effect (under section 60A) and if so by how much,
(c) whether to vary an expedited order (under section 61) and if so how, or
(d) whether to discharge an expedited order (under section 61),
must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the Convention.
(2) In subsection (1) “Convention” has the meaning given by section 21(1) of the Human Rights Act 1998.
(3) A local authority must obtain the necessary consents before—
(a) making an expedited order,
(b) extending or reducing the period for which an expedited order has effect, or
(c) varying or discharging an expedited order.
(4) If the order referred to in subsection (3) was made, or is proposed to be made, in reliance on section 59A(2)(a), “the necessary consents” means the consent of—
(a) the chief officer of police for the police area that includes the restricted area, and
(b) a person authorised (whether in specific or general terms) by the appropriate authority for the school or 16 to 19 Academy.
(5) If the order referred to in subsection (3) was made, or is proposed to be made, in reliance on section 59A(2)(b), “the necessary consents” means the consent of—
(a) the chief officer of police for the police area that includes the restricted area, and
(b) a person authorised by the appropriate NHS authority.
(6) In this section—
“appropriate authority” means—
in relation to a school maintained by a local authority, the governing body;
in relation to any other school or a 16 to 19 Academy, the proprietor;
“appropriate NHS authority” means—
if the order was made, or is proposed to be made, in reliance on sub-paragraph (i) of section 59A(2)(b), the NHS body mentioned in that sub-paragraph;
if the order was made, or is proposed to be made, in reliance on sub-paragraph (ii) of section 59A(2)(b) and the site is in England, the UK Health Security Agency;
if the order was made, or is proposed to be made, in reliance on that sub-paragraph and the site is in Wales, the Local Health Board for the area in which the site is located.
(7) In this section “proprietor”, in relation to a school or a 16 to 19 Academy, has the meaning given in section 579(1) of the Education Act 1996.
Consultation and notifications after making expedited order
72B (1) A local authority must carry out the necessary consultation as soon as reasonably practicable after making an expedited order.
(2) In subsection (1) “necessary consultation” means consulting with the following about the terms and effects of the order—
(a) the chief officer of police, and the local policing body, for the police area that includes the restricted area;
(b) whatever community representatives the local authority thinks it appropriate to consult;
(c) the owner or occupier of land within the restricted area.
(3) A local authority must carry out the necessary notification (if any) as soon as reasonably practicable after—
(a) making an expedited order,
(b) extending or reducing the period for which an expedited order has effect, or
(c) varying or discharging an expedited order.
(4) In subsection (3) “necessary notification” means notifying the following of the extension, reduction, variation or discharge—
(a) the parish council or community council (if any) for the area that includes the restricted area;
(b) in the case of an expedited order made by a district council in England, the county council (if any) for the area that includes the restricted area;
(c) the owner or occupier of land within the restricted area.
(5) The requirement to notify the owner or occupier of land within the restricted area—
(a) does not apply to land that is owned or occupied by the local authority;
(b) applies only if, and to the extent that, it is reasonably practicable to notify the owner or occupier of the land.
(5) Schedule 7 contains amendments relating to subsections (1) to (4).
83 Offence relating to residing on land without consent in or with a vehicle
(1) At the beginning of Part 5 of the Criminal Justice and Public Order Act 1994, before the italic heading before section 61, insert—
Residing on land without consent in or with a vehicle
Offence relating to residing on land without consent in or with a vehicle
60C (1) Subsection (2) applies where—
(a) a person aged 18 or over (“P”) is residing, or intending to reside, on land without the consent of the occupier of the land,
(b) P has, or intends to have, at least one vehicle with them on the land,
(c) one or more of the conditions mentioned in subsection (4) is satisfied, and
(d) the occupier, a representative of the occupier or a constable requests P to do either or both of the following—
(i) leave the land;
(ii) remove from the land property that is in P’s possession or under P’s control.
(2) P commits an offence if—
(a) P fails to comply with the request as soon as reasonably practicable, or
(b) P—
(i) enters (or having left, re-enters) the land within the prohibited period with the intention of residing there without the consent of the occupier of the land, and
(ii) has, or intends to have, at least one vehicle with them on the land.
(3) The prohibited period is the period of 12 months beginning with the day on which the request was made.
(4) The conditions are—
(a) in a case where P is residing on the land, significant damage or significant disruption has been caused or is likely to be caused as a result of P’s residence;
(b) in a case where P is not yet residing on the land, it is likely that significant damage or significant disruption would be caused as a result of P’s residence if P were to reside on the land;
(c) that significant damage or significant disruption has been caused or is likely to be caused as a result of conduct carried on, or likely to be carried on, by P while P is on the land;
(d) that significant distress has been caused or is likely to be caused as a result of offensive conduct carried on, or likely to be carried on, by P while P is on the land.
(5) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both.
(6) In proceedings for an offence under this section it is a defence for the accused to show that the accused had a reasonable excuse for—
(a) failing to comply as soon as reasonably practicable with the request mentioned in subsection (1)(d), or
(b) after receiving such a request, entering (or re-entering) the land with the intention of residing there without the consent of the occupier of the land.
(7) In its application to common land, this section has effect—
(a) in a case where the common land is land to which the public has access and the occupier cannot be identified, as if references to the occupier were references to the local authority in relation to the common land;
(b) in a case where P’s residence or intended residence without the consent of the occupier is, or would be, an infringement of the commoners’ rights and—
(i) the occupier is aware of P’s residence or intended residence and had an opportunity to consent to it, or
(ii) if sub-paragraph (i) does not apply, any one or more of the commoners took reasonable steps to try to inform the occupier of P’s residence or intended residence and provide an opportunity to consent to it,
as if in subsection (1)(d) after “a constable” there were inserted “or the commoners or any of them or their representative”.
(8) In this section--
“common land” and “commoner” have the same meaning as in section 61;
“damage” includes—
damage to the land;
damage to any property on the land not belonging to P;
damage to the environment (including excessive noise, smells, litter or deposits of waste);
“disruption” includes interference with—
a person’s ability to access any services or facilities located on the land or otherwise make lawful use of the land, or
a supply of water, energy or fuel;
“land” does not include buildings other than—
agricultural buildings within the meaning of paragraphs 3 to 8 of Schedule 5 to the Local Government Finance Act 1988, or
scheduled monuments within the meaning of the Ancient Monuments and Archaeological Areas Act 1979;
“the local authority”, in relation to common land, has the same meaning as in section 61;
“occupier” means the person entitled to possession of the land by virtue of an estate or interest held by the person;
“offensive conduct” means—
the use of threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
the display of any writing, sign, or other visible representation that is threatening, abusive or insulting;
“vehicle” includes—
any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle, and
a caravan as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960.
(9) For the purposes of this section a person is to be considered as residing or having the intention to reside in a place even if that residence or intended residence is temporary, and a person may be regarded as residing or having an intention to reside in a place notwithstanding that the person has a home elsewhere.
Offence under section 60C: seizure of property etc
60D (1) If a constable reasonably suspects that an offence has been committed under section 60C, the constable may seize and remove any relevant property that appears to the constable—
(a) to belong to the person who the constable suspects has committed the offence (“P”);
(b) to be in P’s possession; or
(c) to be under P’s control.
(2) “Relevant property” means—
(a) a vehicle (wherever located) which, for the purposes of section 60C(1)(b) (in the case of an offence under section 60C(2)(a)) or for the purposes of section 60C(2)(b)(ii) (in the case of an offence under section 60C(2)(b)), the constable suspects P had or intended to have with them, or
(b) any other property that is on the relevant land.
(3) The “relevant land” is the land in respect of which a request under section 60C(1)(d) is made.
(4) The relevant chief officer of police may retain any property that has been seized under subsection (1) until the end of the period of three months beginning with the day of the seizure (“the relevant period”).
(5) But the relevant chief officer of police ceases to be entitled to retain the property if before the end of the relevant period a custody officer gives written notice to P that P is not to be prosecuted for the offence under section 60C in relation to which the property was seized.
(And see subsection (10)).
(6) Subsection (7) applies where before the end of the relevant period proceedings for an offence under section 60C are commenced against P.
(7) Where this subsection applies the relevant chief officer of police may retain the property seized until the conclusion of proceedings relating to the offence (including any appeal) (but see subsection (10)).
(8) Where a chief officer of police ceases to be entitled to retain property under this section the chief officer must, subject to any order for forfeiture under section 60E, return it to the person whom the chief officer believes to be its owner.
(9) If a chief officer of police cannot after reasonable inquiry identify a person for the purposes of subsection (8)—
(a) the chief officer must apply to a magistrates’ court for directions, and
(b) the court must make an order about the treatment of the property.
(10) If at any time a person other than P satisfies a chief officer of police that property that is retained by the chief officer under this section—
(a) belongs to the person at that time, and
(b) belonged to them at the time of the suspected offence under section 60C,
the chief officer must return the property to the person.
(11) Subsection (10) does not apply in relation to a vehicle belonging to a person other than P if the chief officer of police reasonably believes that the vehicle was, with the consent of the other person, in P’s possession or under P’s control at the time of the suspected offence under section 60C.
(12) For the purposes of subsection (6), proceedings are commenced when—
(a) a written charge is issued under section 29(1) of the Criminal Justice Act 2003,
(b) a person is charged under Part 4 of the Police and Criminal Evidence Act 1984, or
(c) an information is laid under section 1 of the Magistrates’ Courts Act 1980.
(13) For the purposes of this section—
(a) the relevant chief officer of police is the chief officer of the police force for the area in which the property was seized, and
(b) “vehicle” has the same meaning as in section 60C.
Offence under section 60C: forfeiture
60E (1) A court that convicts a person of an offence under section 60C may order any property to which subsection (2) applies to be forfeited and dealt with in a manner specified in the order.
(2) This subsection applies to any property that—
(a) was seized under section 60D(1), and
(b) is retained by a chief officer of police under that section.
(3) Before making an order for the forfeiture of property the court must—
(a) permit anyone who claims to be its owner or to have an interest in it to make representations, and
(b) consider its value and the likely consequences of forfeiture.
(2) In the heading to Part 5 of the Criminal Justice and Public Order Act 1994, after “Order:” insert “Unauthorised encampments and ”.
(1) The Criminal Justice and Public Order Act 1994 is amended as follows.
(2) Section 61 (power to remove trespassers on land) is amended in accordance with subsections (3) to (7).
(3) In subsection (1)—
(a) in paragraph (a), after “persons” insert
—
(i) in the case of persons trespassing on land in England and Wales, has caused damage, disruption or distress (see subsection (10));
(ii) in the case of persons trespassing on land in Scotland,
, and
(b) at the beginning of paragraph (b) insert “in either case,”.
(4) In subsection (4)(b) for “period of three months beginning with the day on which the direction was given” substitute “prohibited period”.
(5) After subsection (4) insert—
(4ZA) The prohibited period is—
(a) in the case of a person trespassing on land in England and Wales, the period of twelve months beginning with the day on which the direction was given;
(b) in the case of a person trespassing on land in Scotland, the period of three months beginning with the day on which the direction was given.
(6) In subsection (9), in the definition of “land”, in paragraph (b)—
(a) in the words before sub-paragraph (i), after “land” insert “in Scotland”, and
(b) omit sub-paragraph (i) (together with the final “or”).
(7) After subsection (9) insert—
(10) For the purposes of subsection (1)(a)(i)—
“damage” includes—
damage to the land;
damage to any property on the land not belonging to the persons trespassing;
damage to the environment (including excessive noise, smells, litter or deposits of waste);
“disruption” includes an interference with—
a person’s ability to access any services or facilities located on the land or otherwise make lawful use of the land, or
a supply of water, energy or fuel;
“distress” means distress caused by—
the use of threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
the display of any writing, sign, or other visible representation that is threatening, abusive or insulting.
(8) In section 62 (powers to seize property related to offence under section 61)—
(a) in subsection (1)(b) for “period of three months beginning with the day on which the direction was given” substitute “prohibited period”, and
(b) after subsection (1) insert—
(1A) The prohibited period is—
(a) in the case of a person trespassing on land in England and Wales, the period of twelve months beginning with the day on which the direction was given;
(a) in the case of a person trespassing on land in Scotland, the period of three months beginning with the day on which the direction was given.
(9) In section 62B(2) (failure to comply with direction under section 62A: offences) for “3” substitute “twelve”.
(10) In section 62C(2) (failure to comply with direction under section 62A: seizure) for “3” substitute “twelve”.
(11) In section 68(5) (offence of aggravated trespass), for paragraph (a) substitute—
(a) a highway unless it is a footpath, bridleway or byway open to all traffic within the meaning of Part 3 of the Wildlife and Countryside Act 1981, is a restricted byway within the meaning of Part 2 of the Countryside and Rights of Way Act 2000 or is a cycle track under the Highways Act 1980 or the Cycle Tracks Act 1984;
(aa) a road within the meaning of the Roads (Scotland) Act 1984 unless it falls within the definitions in section 151(2)(a)(ii) or (b) (footpaths and cycle tracks) of that Act or is a bridleway within the meaning of section 47 of the Countryside (Scotland) Act 1967; or
.
(12) The amendments made by subsections (4), (5), (8), (9) and (10) do not apply in relation to a direction given under section 61 or 62A of the Criminal Justice and Public Order Act 1994 before the coming into force of this section.
85 Guidance on exercise of police powers in respect of trespassers on land etc
After section 62E of the Criminal Justice and Public Order Act 1994 insert—
Guidance
62F (1) The Secretary of State must issue guidance relating to the exercise of—
(a) the functions of police officers in England and Wales, and
(b) the functions of constables in England and Wales,
under the provisions mentioned in subsection (2).
(2) Those provisions are—
(a) sections 60C to 62E, and
(b) regulations under section 67 relating to vehicles seized under section 62(1) or section 62C(3).
(3) Police officers in England and Wales and constables in England and Wales must have regard to the guidance when exercising any of those functions conferred on them.
(4) The Secretary of State may from time to time revise the guidance.
(5) The Secretary of State must arrange for the guidance and any revised guidance issued under this section to be published in such manner as the Secretary of State considers appropriate.
(6) The Secretary of State must lay before Parliament a copy of any guidance or revised guidance published under subsection (5).
86 Causing death by dangerous driving or careless driving when under the influence of drink or drugs: increased penalties
(1) Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts) is amended as follows.
(2) In the entry relating to section 1 of the Road Traffic Act 1988 (causing death by dangerous driving), in column (4) (punishment), for “14 years” substitute “Imprisonment for life”.
(3) In the entry relating to section 3A of the Road Traffic Act 1988 (causing death by careless driving when under influence of drink or drugs), in column (4) (punishment), for “14 years” substitute “Imprisonment for life”.
(4) Section 34 of the Road Traffic Offenders Act 1988 (disqualification for certain offences) is amended as follows.
(5) In subsection (3), in the words after paragraph (d)—
(a) after “the offence” insert “(“the new offence”)”;
(b) for “three years” substitute “the period specified in subsection (3A)”.
(6) After subsection (3) insert—
(3A) The period is—
(a) six years, where—
(i) an offence of which the person was convicted within the ten years mentioned in subsection (3) falls within paragraph (aa) of that subsection, and
(ii) the new offence also falls within that paragraph;
(b) in any other case (but subject to subsection (4ZA)), three years.
(7) In subsection (4)—
(a) in the words before paragraph (a), after “(3) above” insert “and subsection (4ZA) below”;
(b) in paragraph (a)—
(i) omit sub-paragraph (ii) (and the “or” after it);
(ii) in sub-paragraph (iia), for “that Act” substitute “the Road Traffic Act 1988”;
(iii) omit sub-paragraph (iii) (and the “or” before it, but not the “and” after it).
(8) After subsection (4) insert—
(4ZA) Subsection (1) shall apply as if the reference to twelve months were a reference to five years in relation to a person convicted of—
(a) an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving), or
(b) an offence under section 3A of that Act (causing death by careless driving when under the influence of drink or drugs),
but this is subject to subsection (3) in cases within paragraph (a) of subsection (3A).
(9) A provision of this section does not apply in relation to offences committed before the provision comes into force.
87 Causing serious injury by careless, or inconsiderate, driving
(1) In the Road Traffic Act 1988, after section 2B (causing death by careless, or inconsiderate, driving) insert—
Causing serious injury by careless, or inconsiderate, driving
2C (1) A person who causes serious injury to another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.
(2) In this section “serious injury” means—
(a) in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and
(b) in Scotland, severe physical injury.
(2) In section 3ZA of that Act (meaning of careless, or inconsiderate, driving), in subsection (1), after “sections 2B” insert “, 2C”.
(3) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 2B of the Road Traffic Act 1988 insert—
RTA section 2C | Causing serious injury by careless, or inconsiderate, driving | (a) Summarily | (a) On conviction in England and Wales: 12 months or a fine or both | Obligatory | Obligatory | 3-11
On conviction in Scotland: 12 months or the statutory maximum or both
(b) On indictment | (b) 2 years or a fine or both
(4) In the entries in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 relating to an offence under section 2C of the Road Traffic Act 1988 (causing serious injury by careless, or inconsiderate, driving), in relation to an offence committed before paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, the reference in column (4) (punishment) to 12 months on summary conviction in England and Wales is to be read as a reference to 6 months.
89 Courses offered as alternative to prosecution: fees etc
(1) After section 90F of the Road Traffic Offenders Act 1988 insert—
PART 3B Courses offered as alternative to prosecution
Power to charge fees: England and Wales
90G (1) A policing body may charge a fee for enrolment on an approved course offered as an alternative to prosecution in England and Wales for a specified fixed penalty offence.
(2) A fee may be set at a level that exceeds the cost of an approved course and related administrative expenses, but any excess must be used for the purpose of promoting road safety.
(3) The Secretary of State may by regulations make further provision about—
(a) how fees, or components of fees, are to be calculated;
(b) the level of fees or components of fees;
(c) the use of fee income.
(4) The regulations may include provision as to the amount, or maximum amount, of a fee or component of a fee.
(5) In this section—
“approved course” means a course approved (whether before or after this section comes into force) by a body specified in regulations under subsection (6);
“fixed penalty offence” means an offence that is a fixed penalty offence for the purposes of Part 3 (see section 51);
“policing body” means—
a local policing body, or
the British Transport Police Authority;
“promoting road safety” includes the prevention, detection or enforcement of offences relating to vehicles;
“prosecution”, in relation to an offence, includes any alternative way of being dealt with for the offence (other than attending an approved course);
“specified fixed penalty offence” means an offence specified under subsection (6).
(6) The Secretary of State may by regulations—
(a) specify fixed penalty offences for the purposes of this section;
(b) specify a body to approve courses for the purposes of this section.
(7) Nothing in this section limits any power to charge fees apart from this section.
Power to prevent courses being offered for repeat offences: England and Wales
90H (1) The Secretary of State may by regulations prohibit a chief officer from offering an approved course to a person as an alternative to prosecution in England and Wales for a specified fixed penalty offence where—
(a) there is a course fee, and
(b) the person has, within a period specified in the regulations, satisfactorily completed a similar approved course in respect of an earlier specified fixed penalty offence.
(2) The regulations must include provision for the purpose of identifying what counts as a “similar” course; and that provision may, in particular, confer power on a person to determine what courses count as similar.
(3) In this section “chief officer” means—
(a) a chief officer of police of a police force in England and Wales, or
(b) the Chief Constable of the British Transport Police Force.
(4) In this section the following terms have the meaning given by section 90G(5)—
“approved course”;
“prosecution”;
“specified fixed penalty offence”.
Further provision about regulations under this Part
90I (1) A power to make regulations under this Part is exercisable by statutory instrument.
(2) A statutory instrument containing regulations made by the Secretary of State under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.
(3) Regulations under this Part may include—
(a) incidental or supplementary provision;
(b) different provision for different purposes.
(2) After Article 91F of the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10)) insert—
PART 4B Courses offered as alternative to prosecution
Power to charge fees
91G (1) The Chief Constable may charge a fee for enrolment on an approved course offered as an alternative to prosecution for a specified fixed penalty offence.
(2) A fee may be set at a level that exceeds the cost of an approved course and related administrative expenses, but any excess must be used for the purpose of promoting road safety.
(3) The power in paragraph (1) may be exercised only with the approval in writing of the Policing Board.
Such approval may be given—
(a) generally or specifically, and
(b) subject to conditions.
(4) The Department of Justice may by regulations make further provision about—
(a) how fees, or components of fees, are to be calculated;
(b) the level of fees or components of fees;
(c) the use of fee income.
(5) The regulations may include provision as to the amount, or maximum amount, of a fee or component of a fee.
(6) In this Article—
“approved course” means a course approved (whether before or after this Article comes into operation) by a body specified in regulations under paragraph (7);
“fixed penalty offence” means an offence that is a fixed penalty offence for the purposes of Part 4 (see Article 57);
“promoting road safety” includes the prevention, detection or enforcement of offences relating to vehicles;
“prosecution”, in relation to an offence, includes any alternative way of being dealt with for the offence (other than attending an approved course);
“specified fixed penalty offence” means an offence specified under paragraph (7).
(7) The Department of Justice may by regulations—
(a) specify fixed penalty offences for the purposes of this Article;
(b) specify a body to approve courses for the purposes of this Article.
(8) Nothing in this Article limits any power to charge fees apart from this Article.
Power to prevent courses being offered for repeat offences
91H (1) The Department of Justice may by regulations prohibit the Chief Constable from offering an approved course to a person as an alternative to prosecution for a specified fixed penalty offence where—
(a) there is a course fee, and
(b) the person has, within a period specified in the regulations, satisfactorily completed a similar approved course in respect of an earlier specified fixed penalty offence.
(2) The regulations must include provision for the purpose of identifying what counts as a “similar” course; and that provision may, in particular, confer power on a person to determine what courses count as similar.
(3) In this Article the following terms have the meaning given by Article 91G(6)—
“approved course”;
“prosecution”;
“specified fixed penalty offence”.
Further provision about regulations under this Part
91I (1) Regulations under this Part are subject to negative resolution.
(2) Regulations under Article 91G(4) may be made only with the consent of the Department of Finance.
(3) Regulations under this Part may include such incidental or supplementary provision as appears to the Department of Justice to be necessary or expedient.
(3) The Secretary of State may by regulations amend Part 3B of the Road Traffic Offenders Act 1988 for the purpose of making provision corresponding or similar to section 90G or 90H of that Act in relation to courses offered as an alternative to prosecution in Scotland for a fixed penalty offence.
(4) In subsection (3) “fixed penalty offence” means an offence that is a fixed penalty offence for the purposes of Part 3 of the Road Traffic Offenders Act 1988 (see section 51 of that Act).
(5) The Secretary of State must consult the Lord Advocate before making regulations under subsection (3).
(6) The power to make regulations under subsection (3) is exercisable by statutory instrument.
(7) A statutory instrument containing regulations under subsection (3) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
90 Charges for removal, storage and disposal of vehicles
(1) Section 102 of the Road Traffic Regulation Act 1984 (charges for removal, storage and disposal of vehicles), as it forms part of the law of England and Wales, is amended as follows.
(2) In subsection (2), for the words before paragraph (a) substitute “In any such case (but subject in the case of a local authority to subsection (2A))—”.
(3) For subsection (2A) substitute—
(2A) In the case of a vehicle removed, on any ground mentioned in subsection (1), from an area that is a civil enforcement area for parking contraventions—
(a) subsection (2) does not apply to the recovery of charges by a local authority, but
(b) the enforcement authority is entitled to recover from any person responsible such charges in respect of the removal, storage and disposal of the vehicle as they may require in accordance with Schedule 9 to the Traffic Management Act 2004.
(1) The Road Traffic Offenders Act 1988 is amended as follows.
(2) In section 7 (trial: duty of accused to provide licence to the court)—
(a) for subsection (1) substitute—
(1) Where—
(a) a person who is the holder of a licence is prosecuted for an offence involving obligatory or discretionary disqualification,
(b) there is a hearing, and
(c) the person attends the hearing,
the person must bring the licence to the hearing.
;
(b) omit subsections (1A), (1B), (1C) and (2).
(3) In section 27 (sentence: production of licence to the court)—
(a) for subsection (1) substitute—
(1) Where—
(a) a person who is the holder of a licence is convicted of an offence involving obligatory or discretionary disqualification, and
(b) a court proposes to make, or makes, an order disqualifying the person,
the court may require the licence to be produced to it.
;
(b) in subsection (3)(b), at the beginning insert “unless the licence is already treated as being revoked under section 37(1),”.
92 Surrender of licence to Secretary of State where disqualified
(1) After section 37 of the Road Traffic Offenders Act 1988 insert—
Surrender of licence to Secretary of State where disqualified
37A (1) This section applies where—
(a) a person who is the holder of a licence is disqualified by an order of a court, and
(b) the Secretary of State is not already in receipt of the licence.
(2) The Secretary of State may serve on the person a notice in writing requiring the person to surrender the licence to the Secretary of State at such address as the Secretary of State may determine, before the end of the period of 28 days beginning with the date on which the notice is served.
(3) A notice under subsection (2) may be served on a person—
(a) by delivering it to the person,
(b) by leaving it at the person’s proper address, or
(c) by sending it to the person by post.
(4) A person who, without reasonable excuse, fails to comply with a notice under subsection (2) is guilty of an offence.
(5) For the purposes of—
(a) subsection (3), and
(b) section 7 of the Interpretation Act 1978 in its application to subsection (3),
a person’s “proper address” is the person’s latest address as known to the Secretary of State.
(2) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences), before the entry relating to section 62 of that Act, insert—
Section 37A(4) of this Act | Failure to surrender licence to Secretary of State | Summarily | Level 3 on the standard scale
93 Removal of requirement to surrender licence where fixed penalty notice
(1) The Road Traffic Offenders Act 1988 is amended as follows.
(2) In section 52 (fixed penalty notices), after subsection (2) insert—
(2A) A fixed penalty notice must give details of the identification information (as defined in section 69(3D)) that may be required under section 69 where the notice relates to an offence involving obligatory endorsement.
(3) In section 54 (notices on-the-spot etc)—
(a) in subsection (3)—
(i) omit “, and” at the end of paragraph (a);
(ii) omit paragraph (b);
(b) omit subsections (4), (5), (5A), (5B), (6), (7) and (9).
(4) In section 69 (payment of penalties)—
(a) in subsection (2), after “method” insert “and subject to subsection (2A)”;
(b) after that subsection, insert—
(2A) Where a person has been given a fixed penalty notice under section 54 in respect of an offence involving obligatory endorsement, payment of the penalty may be made as mentioned in subsection (2) only if the letter also contains identification information.
;
(c) after subsection (3), insert—
(3A) Subsection (3B) applies where—
(a) a person has been given a fixed penalty notice under section 54 in respect of an offence involving obligatory endorsement, and
(b) a method of payment other than that mentioned in subsection (2) is used.
(3B) The penalty is treated as having been paid to the fixed penalty clerk or the Secretary of State in accordance with this Part only if the person—
(a) fulfils the identification requirements, and
(b) makes payment of the penalty to the clerk or the Secretary of State.
(3C) A person fulfils the identification requirements if—
(a) the person provides the clerk or the Secretary of State with identification information, or
(b) the clerk or the Secretary of State is otherwise satisfied of the person’s identity.
(3D) In this section “identification information” means—
(a) the person’s name and date of birth, and
(b) if the person is the holder of a licence, the licence number.
94 Removal of requirement to deliver up licence where conditional offer
(1) The Road Traffic Offenders Act 1988 is amended as follows.
(2) In section 75 (issue of conditional offer)—
(a) in subsection (7), after paragraph (b) (but before the “and” immediately after it) insert—
(ba) give details of the identification information that may be required where the conditional offer relates to an offence involving obligatory endorsement,
;
(b) in subsection (8A)(a), for sub-paragraph (ii) substitute—
(ii) where the conditional offer relates to an offence involving obligatory endorsement, fulfils the identification requirements,
;
(c) after subsection (8A) insert—
(8B) For the purposes of subsection (8A)(a)(ii), an alleged offender fulfils the identification requirements if—
(a) the alleged offender provides the appropriate person with identification information, or
(b) the appropriate person is otherwise satisfied of the alleged offender’s identity.
(8C) In this section “identification information” means—
(a) the alleged offender’s name and date of birth, and
(b) if the alleged offender is the holder of a licence, the licence number.
(3) In section 76 (effect of offer and payment of penalty)—
(a) in subsection (2), for “makes payment of the fixed penalty in accordance with the conditional offer” substitute “has fulfilled the conditions specified in the conditional offer under section 75(8A)(a)”;
(b) in subsection (3)(b), omit the words from “together” to “his licence”;
(c) in subsection (4), for the words from “requirements” to “fulfilled” substitute “alleged offender has not fulfilled the conditions specified in the conditional offer under section 75(8A)(a)”.
(4) In section 77A (endorsement of driving records where penalty paid)—
(a) for subsection (1)(a) substitute—
(a) a conditional offer has been issued to a person (“the alleged offender”) under section 75(1), (2) or (3),
;
(b) in subsection (1)(b), for “76” substitute “76(2)”;
(c) in subsection (1), in the words after paragraph (b), omit “together with any licence delivered under paragraph (a) above”;
(d) in subsection (2), in the words before paragraph (a), omit “and return any licence delivered to him under this section to the alleged offender”;
(e) for subsection (2)(b) substitute—
(b) in a case where—
(i) a conditional offer is issued to a person (“the alleged offender”) under section 75(1A) or (3B), and
(ii) proceedings against the alleged offender are excluded by section 76(2).
95 Surrender of licences and test certificates by new drivers
Schedule 9 contains amendments to the Road Traffic (New Drivers) Act 1995 which make provision about the surrender of driving licences and test certificates in the case of new drivers.
97 Power to issue fixed penalty notices on-the-spot in Scotland
(1) In section 54(1) of the Road Traffic Offenders Act 1988 (notices on-the-spot etc.), omit “in England and Wales”.
(2) In section 75(4) of that Act (issue of conditional offer: restrictions), after “notice” insert “in respect of the offence has been given under section 54 of this Act or”.
(3) Paragraph 103(2) of Schedule 4 to the Road Traffic Act 1991 (amendment to section 54 of the Road Traffic Offenders Act 1988 which is superseded by provision made by this section) is omitted.
(1) The Secretary of State must prepare a code of practice in relation to diversionary and community cautions.
(2) The code may, in particular, include provision as to—
(a) the circumstances in which diversionary and community cautions may be given;
(b) the procedure to be followed in connection with the giving of diversionary and community cautions;
(c) the conditions which may be attached to diversionary and community cautions and the time for which they may have effect;
(d) the category of constable or investigating officer by whom diversionary and community cautions may be given;
(e) the persons whom a prosecution authority may authorise as authorised persons for the purposes of this Part;
(f) the form which diversionary and community cautions are to take and the manner in which they are to be given and recorded;
(g) the places where diversionary and community cautions may be given;
(h) the provision which may be made in a condition under section 102(2)(b) or 111(2)(b);
(i) the monitoring of compliance with conditions attached to diversionary and community cautions;
(j) the exercise of the power of arrest conferred by section 106(1);
(k) who is to decide how a person should be dealt with under section 106(2) and (3).
(3) After preparing a draft of the code the Secretary of State—
(a) must publish the draft,
(b) must consider any representations made to the Secretary of State about the draft, and
(c) may amend the draft accordingly,
but may not publish or amend the draft without the consent of the Attorney General.
(4) After complying with subsection (3) the Secretary of State must lay the code before each House of Parliament.
(5) After complying with subsection (4) the Secretary of State may bring the code into force by regulations.
(6) The Secretary of State may from time to time revise a code of practice brought into force under this section.
(7) Subsections (3) to (6) apply (with appropriate modifications) to a revised code as they apply to the original code.
(1) In section 1 of the Children and Young Persons Act 1933 (cruelty to persons under 16), in subsection (1)(a) (penalty on conviction on indictment), for “ten” substitute “14”.
(2) Subsection (1) applies only in relation to offences committed on or after the day on which this section comes into force.
123 Penalty for causing or allowing a child or vulnerable adult to die or suffer serious physical harm
(1) Section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious harm) is amended in accordance with subsections (2) and (3).
(2) In subsection (7) (penalty in the case of a person’s death), for the words “liable on conviction on indictment” substitute
liable—
(a) on conviction on indictment in England and Wales, to imprisonment for life or to a fine, or to both;
(b) on conviction on indictment in Northern Ireland,
.
(3) In subsection (8) (penalty in the case of serious physical harm), for the words “liable on conviction on indictment” substitute
liable—
(a) on conviction on indictment in England and Wales, to imprisonment for a term not exceeding 14 years or to a fine, or to both;
(b) on conviction on indictment in Northern Ireland,
.
(4) Subsections (2) and (3) apply only in relation to offences where the unlawful act to which the offence relates is an act that occurs, or so much of such an act as occurs, on or after the day on which this section comes into force.
(5) In Schedule 19 to the Sentencing Code (list of certain specified offences carrying maximum sentence on indictment of imprisonment for life), after paragraph 20 insert—
Domestic Violence, Crime and Victims Act 2004
20A (1) An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 that meets the conditions in sub-paragraph (2).
(2) The conditions are that—
(a) the unlawful act to which the offence relates was an act that occurred, or so much of an act as occurred, on or after the day on which section 123 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and
(b) the offender is liable on conviction on indictment to imprisonment for life.
(1) The Sentencing Code is amended in accordance with subsections (2) to (8).
(2) In section 312 (minimum sentence for offences of threatening with weapon or bladed article)—
(a) in subsection (2), for “The court” substitute “If the offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court”, and
(b) after subsection (2) insert—
(2A) If the offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence unless the court is of the opinion that there are exceptional circumstances which—
(a) relate to the offence or to the offender, and
(b) justify not doing so.
(3) In section 313 (minimum sentence of 7 years for third class A drug trafficking offence)—
(a) in subsection (2), for “The court” substitute “If the index offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court”,
(b) after subsection (2) insert—
(2A) If the index offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence for a term of at least 7 years unless the court is of the opinion that there are exceptional circumstances which—
(a) relate to any of the offences or to the offender, and
(b) justify not doing so.
, and
(c) in subsection (4)(b), after “subsection (2)” insert “or (2A)”.
(4) In section 314 (minimum sentence of 3 years for third domestic burglary)—
(a) in subsection (2), for “The court” substitute “If the index offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court”,
(b) after subsection (2) insert—
(2A) If the index offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence for a term of at least 3 years unless the court is of the opinion that there are exceptional circumstances which—
(a) relate to any of the offences or to the offender, and
(b) justify not doing so.
, and
(c) in subsection (4)(b), after “subsection (2)” insert “or (2A)”.
(5) In section 315 (minimum sentence for repeat offence involving weapon or bladed article)—
(a) in subsection (2), for “The court” substitute “If the index offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court”,
(b) after subsection (2) insert—
(2A) If the index offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence unless the court is of the opinion that there are exceptional circumstances which—
(a) relate to the offence, to the previous offence or to the offender, and
(b) justify not doing so.
, and
(c) in subsection (3), for “subsection (2)” substitute “subsections (2) and (2A)”.
(6) In section 316(1)(a) (appeals where previous conviction set aside), after “subsection (2)” insert “or (2A)”.
(7) In section 320 (determination of day when offence committed), after “311,” insert “312,”.
(8) In section 399(c) (mandatory sentence requirements)—
(a) in sub-paragraph (ii), after “312(2)” insert “or (2A)”,
(b) in sub-paragraph (iii), after “313(2)” insert “or (2A)”,
(c) in sub-paragraph (iv), after “314(2)” insert “or (2A)”, and
(d) in sub-paragraph (v), after “315(2)” insert “or (2A)”.
(9) In Schedule 22 to the Sentencing Act 2020—
(a) in paragraph 66 (amendments of section 313 of the Code), after paragraph (a) insert—
(aa) in subsection (2A), for “an appropriate custodial sentence” substitute “a sentence of imprisonment”;
, and
(b) in paragraph 67 (amendments of section 314 of the Code), after paragraph (a) insert—
(aa) in subsection (2A), for “an appropriate custodial sentence” substitute “a sentence of imprisonment”;
.
(10) Schedule 12 contains amendments which are consequential on this section.
(11) An amendment made by Schedule 12, so far as it has effect—
(a) in relation to dealing with a person for an offence, or
(b) in relation to a sentence passed for an offence,
has effect only where the person committed the offence on or after the day on which the Schedule came into force.
(12) For the purposes of subsection (11), where an offence is found to have been committed—
(a) over a period of 2 or more days, or
(b) at some time during a period of 2 or more days,
it is to be taken to have been committed on the last of those days.
125 Whole life order as starting point for premeditated child murder
In Schedule 21 to the Sentencing Code (minimum terms in mandatory life sentences), in paragraph 2(2), after paragraph (b) insert—
(ba) the murder of a child involving a substantial degree of premeditation or planning, where the offence was committed on or after the day on which section 125 of the Police, Crime, Sentencing and Courts Act 2022 came into force,
.
126 Whole life orders for young adult offenders in exceptional cases
(1) The Sentencing Code is amended as follows.
(2) In section 321 (orders to be made on passing life sentence)—
(a) in subsection (3)(a), for the words from “the offender” to “committed” substitute “the case is within subsection (3A) or (3B)”;
(b) after subsection (3) insert—
(3A) A case is within this subsection if the offender was aged 21 or over when the offence was committed.
(3B) A case is within this subsection if—
(a) the offence was committed on or after the day on which section 126 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and
(b) the offender was aged 18 or over but under 21 when the offence was committed.
(3C) In a case within subsection (3B), the court may arrive at the opinion set out in subsection (3)(b) only if it considers that the seriousness of the offence, or combination of offences, is exceptionally high even by the standard of offences which would normally result in a whole life order in a case within subsection (3A).
(3) In section 322 (further provision about mandatory life sentences), in subsection (3)(a), after “321(3)” insert “or (3C)”.
127 Starting points for murder committed when under 18
In Schedule 21 to the Sentencing Code (minimum terms in mandatory life sentences), for paragraph 6 substitute—
5A (1) This paragraph applies if—
(a) the offender was aged under 18 when the offence was committed, and
(b) the offender was convicted of the offence on or after the day on which section 127 of the Police, Crime, Sentencing and Courts Act 2022 came into force.
(2) The appropriate starting point, in determining the minimum term, is the period given in the entry in column 2, 3 or 4 of the following table that corresponds to—
(a) the age of the offender when the offence was committed, as set out in column 1, and
(b) the provision of this Schedule that would have supplied the appropriate starting point had the offender been aged 18 when the offence was committed, as set out in the headings to columns 2, 3 and 4.
1 | 2 | 3 | 4
Age of offender when offence committed | Starting point supplied by paragraph 3(1) had offender been 18 | Starting point supplied by paragraph 4(1) had offender been 18 | Starting point supplied by paragraph 5 had offender been 18
17 | 27 years | 23 years | 14 years
15 or 16 | 20 years | 17 years | 10 years
14 or under | 15 years | 13 years | 8 years
6 (1) This paragraph applies if—
(a) the offender was aged under 18 when the offence was committed, and
(b) the offender was convicted of the offence before the day on which section 127 of the Police, Crime, Sentencing and Courts Act 2022 came into force.
(2) The appropriate starting point, in determining the minimum term, is 12 years.
128 Sentences of detention during Her Majesty’s pleasure: review of minimum term
(1) Before the italic heading above section 28 of the Crime (Sentences) Act 1997 insert—
Sentence of detention during Her Majesty’s pleasure: review of minimum term
Sentence of detention during Her Majesty’s pleasure imposed on a person under 18: application for minimum term review
27A (1) This section applies to a person who—
(a) is serving a DHMP sentence, and
(b) was under the age of 18 when sentenced;
and such a person is referred to in this section as a “relevant young offender”.
(2) A relevant young offender may make an application for a minimum term review to the Secretary of State after serving half of the minimum term.
(3) An “application for a minimum term review” is an application made by a relevant young offender for a reduction in the minimum term.
(4) Where a relevant young offender has made an application for a minimum term review under this section, the offender may only make a further such application if—
(a) the period of 2 years beginning with the day on which the previous application was determined has expired, and
(b) the offender is under the age of 18 on the day on which the further application is made.
(5) Where the Secretary of State receives an application under this section, the Secretary of State must—
(a) consider the application, and
(b) unless the Secretary of State forms the view that the application is frivolous or vexatious, refer it to the High Court.
(6) Where the Secretary of State decides not to refer the application to the High Court, the Secretary of State must give notice of that decision, and the reasons for it, to the relevant young offender.
(7) If the relevant young offender makes representations or provides further evidence in support of the application before the end of the period of 4 weeks beginning with the day on which the notice under subsection (6) is given, the Secretary of State must consider the representations or evidence and—
(a) if the Secretary of State is no longer of the view mentioned in subsection (5)(b), refer the application to the High Court, or
(b) give notice to the offender confirming the decision not to refer the application.
(8) In this section—
“DHMP sentence” means a sentence of detention during Her Majesty’s pleasure imposed (whether before or after this section comes into force) under a provision listed in column 1 of the table in subsection (9);
“minimum term”, in relation to a person serving a DHMP sentence, means the part of the sentence specified—
in the minimum term order made in respect of the sentence, or
where one or more reduction orders have been made under section 27B in respect of the sentence, in the most recent of those orders;
“minimum term order”, in relation to a DHMP sentence, means the order made under the provision listed in column 2 of the table in subsection (9) that corresponds to the entry in column 1 that relates to the sentence.
(9) The table is as follows—
Provision under which DHMP sentence imposed | Provision under which minimum term order made
Section 259 of the Sentencing Code | Section 322 of the Sentencing Code
Section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 | Section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 or section 269 of the Criminal Justice Act 2003
Section 218 of the Armed Forces Act 2006 | Section 269 of the Criminal Justice Act 2003 or section 322 of the Sentencing Code.
(10) For the purposes of subsection (4), an application for a minimum term review is determined—
(a) when the court makes a reduction order or a decision confirming the minimum term (see section 27B), or
(b) in a case where the application is not referred to the court, when the Secretary of State gives the relevant young offender notice in relation to the application under subsection (6).
(11) There is no right for any person who is serving a DHMP sentence to request a review of the minimum term other than that conferred by this section.
Power of High Court to reduce minimum term
27B (1) This section applies where the Secretary of State refers an application for a minimum term review made by a relevant young offender under section 27A to the High Court.
(2) The court may—
(a) make a reduction order in relation to relevant young offender, or
(b) confirm the minimum term in respect of the offender’s DHMP sentence,
and a decision of the court under this subsection is final.
(3) A reduction order is an order that the relevant young offender’s minimum term is to be reduced to such part of the offender’s DHMP sentence as the court considers appropriate and is specified in the reduction order.
(4) In deciding whether to make a reduction order, the court must, in particular, take into account any evidence—
(a) that the relevant young offender’s rehabilitation has been exceptional;
(b) that the continued detention or imprisonment of the offender for the remainder of the minimum term is likely to give rise to a serious risk to the welfare or continued rehabilitation of the offender which cannot be eliminated or mitigated to a significant degree.
(5) In this section “DHMP sentence”, “minimum term” and “relevant young offender” have the same meaning as in section 27A.
(2) In section 28 of that Act (duty to release certain life prisoners), in subsection (1A), for the words from “the part of” to the end substitute—
(a) the part of the sentence specified in the minimum term order, or
(b) in a case where one or more reduction orders has been made in relation to the prisoner (see section 27B), the part of the sentence specified in the most recent of those orders.
(3) A pre-commencement application—
(a) is to be treated for the purposes of subsection (4) of section 27A of the Crime (Sentences) Act 1997 as if it was made under that section if, at the time the relevant young offender made the application, they had served at least half of the minimum term;
(b) if not determined before the day on which this section comes into force, is to be dealt with in the manner in which it would have been dealt with immediately before this section comes into force.
(4) In this section—
“minimum term”, in relation to a relevant young offender, means the part of the offender’s DHMP sentence specified in the minimum term order made in respect of the sentence (and for these purposes “DHMP sentence” and “minimum term order” have same meanings as in that section 27A);
“pre-commencement application” means an application by a relevant young offender for a review of the minimum term that was made to the Secretary of State before the day on which this section comes into force;
“relevant young offender” has the same meaning as in section 27A of the Crime (Sentences) Act 1997.
(1) In section 323 of the Sentencing Code (minimum term order for life sentence not fixed by law)—
(a) after subsection (1) insert—
(1A) The starting point, in determining the minimum term, is the relevant portion of the notional determinate sentence.
(1B) The “notional determinate sentence”, in relation to a life sentence, is the custodial sentence that the court would have imposed if the court had not imposed the life sentence.
(1C) The “relevant portion” of the notional determinate sentence is—
(a) where that sentence is within section 247A(2A) of the Criminal Justice Act 2003 (terrorist prisoners not entitled to early release), the term that the court would have determined as the appropriate custodial term (within the meaning given by subsection (8) of that section);
(b) where that sentence is a sentence under section 252A, 254, 265, 266, 278 or 279 (and is not within paragraph (a)), two-thirds of the term that the court would have determined as the appropriate custodial term under that section;
(c) where that sentence is any other custodial sentence, two-thirds of the term of the sentence.
;
(b) in subsection (2)—
(i) for the words before paragraph (a), substitute “The minimum term must be the starting point adjusted as the court considers appropriate, taking into account—”;
(ii) omit paragraph (b) (but not the final “and”).
(2) In section 261A(3) of the Armed Forces Act 2006 (life sentences: further provision), before paragraph (a) insert—
(za) subsection (1C)(b) has effect as if for “section 252A, 254, 265, 266, 278 or 279” there were substituted—
(i) section 224A or 224B of the Armed Forces Act 2006, or
(ii) section 254, 266, 278 or 279 passed as a result of section 219A, 219ZA or 221A of that Act,
.
(3) In the Sentencing Act 2020—
(a) in section 61 (sentencing guidelines for life sentences etc)—
(i) for subsection (6), for the words from “the notional” to “made under” substitute “the notional determinate sentence within the meaning of”;
(ii) omit subsection (7);
(b) omit the following (which concern the commencement of paragraph 85 of Schedule 22)—
(i) section 407(1)(b)(ii) (but not the final “or”);
(ii) section 417(8);
(c) in Schedule 22 (prospective amendments of the Sentencing Code)—
(i) in paragraph 68A (amendments of section 323 of the Sentencing Code in relation to prospective abolition of detention in young offender institution), before sub-paragraph (a) insert—
(za) in subsection (1C)(b), omit “265, 266,
;
(ii) omit paragraph 85 (prospective amendments of section 323);
(d) in paragraph 20A of Schedule 26 (amendments of section 261A of Armed Forces Act 2006 in relation to prospective abolition of detention in young offender institution), before sub-paragraph (a) insert—
(za) in paragraph (za)—
(i) in the words before sub-paragraph (i), omit “265, 266,”;
(ii) in sub-paragraph (ii), omit “266,”.
130 Increase in requisite custodial period for certain violent or sexual offenders
(1) The Criminal Justice Act 2003 is amended in accordance with subsections (2) to (8).
(2) In section 244 (general duty to release prisoners)—
(a) in the heading, at the end insert “not subject to special provision for release”;
(b) in subsection (1), after “243A,” insert “244ZA,”.
(3) After section 244 insert—
Release on licence of certain violent or sexual offenders
244ZA (1) As soon as a fixed-term prisoner to whom this section applies has served the requisite custodial period for the purposes of this section, it is the duty of the Secretary of State to release the prisoner on licence under this section.
(2) This section applies to a prisoner who—
(a) is serving a fixed-term sentence within subsection (4), (5) or (6),
(b) is not a prisoner to whom section 244A, 246A or 247A applies, and
(c) has not been released on licence (provision for the release of persons recalled under section 254 being made by sections 255B and 255C).
(3) Subsection (1) does not apply if—
(a) the prisoner’s case has been referred to the Board under section 244ZB, or
(b) a notice given to the prisoner under subsection (4) of that section is in force.
(4) A fixed-term sentence is within this subsection if it—
(a) is a sentence of—
(i) imprisonment, or
(ii) detention under section 96 of the PCC(S)A 2000 or section 262 of the Sentencing Code,
(b) is for a term of 7 years or more,
(c) was imposed on or after 1 April 2020, and
(d) was imposed in respect of an offence—
(i) that is specified in Part 1 or 2 of Schedule 15, and
(ii) for which a sentence of life imprisonment could have been imposed (in the case of an offender aged 21 or over) at the time when the actual sentence was imposed.
(5) A fixed-term sentence is within this subsection if it—
(a) is a sentence of imprisonment or a sentence of detention under section 262 of the Sentencing Code,
(b) is for a term of at least 4 years but less than 7 years,
(c) was imposed on or after the day on which section 130 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and
(d) was imposed in respect of an offence within subsection (7).
(6) A fixed-term sentence is within this subsection if it—
(a) is a sentence of detention under section 250 of the Sentencing Code,
(b) is for a term of 7 years or more,
(c) was imposed on or after the day on which section 130 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and
(d) was imposed in respect of an offence within subsection (7).
(7) An offence is within this subsection if—
(a) it is specified in any of the following paragraphs of Part 1 of Schedule 15—
(i) paragraph 1 (manslaughter);
(ii) paragraph 4 (soliciting murder);
(iii) paragraph 6 (wounding with intent to cause grievous bodily harm);
(iv) paragraph 64 (ancillary offences), so far as it relates to an offence listed in paragraph 1, 4 or 6;
(v) paragraph 65 (inchoate offences in relation to murder), or
(b) it is an offence—
(i) that is specified in Part 2 of that Schedule (sexual offences), and
(ii) for which a sentence of life imprisonment could have been imposed (in the case of an offender aged 21 or over) at the time when the actual sentence was imposed.
(8) For the purposes of this section “the requisite custodial period” means—
(a) in relation to a prisoner serving one sentence, two-thirds of the prisoner’s sentence, and
(b) in relation to a prisoner serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2B) or (2E).
(4) In section 260(5) (powers and duties of Secretary of State that continue to apply to prisoner removed from prison pending deportation), after “244,” insert “244ZA,”.
(5) In section 261(5)(b) (application of release provisions to returning deported prisoner), after “244,” insert “244ZA,”.
(6) In section 264(6) (consecutive terms of imprisonment: meaning of custodial period), after paragraph (ca) (inserted by section 131) (but before the final “and”), insert—
(cb) in relation to a sentence in respect of which section 244ZA applies to the offender, two-thirds of the sentence,
.
(7) In section 268(1A) (meaning of “requisite custodial period” in Chapter 6 of Part 12), in paragraph (d), for “or section 244” substitute “, 244 or 244ZA”.
(8) In Schedule 15 (specified offences for certain purposes to do with release of offenders)—
(a) in the heading, for “section” substitute “sections 244ZA and”;
(b) in the shoulder reference, for “Section” substitute “Sections 244ZA and”.
(9) The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 (S.I. 2020/158) is revoked.
131 Increase in requisite custodial period for certain other offenders of particular concern
(1) The Criminal Justice Act 2003 is amended as follows.
(2) In section 244A(6) (release on licence of prisoners serving sentence under section 278 of the Sentencing Code etc: interpretation), in the definition of “the requisite custodial period”—
(a) in paragraph (a), after “one sentence” insert “imposed before the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into force”;
(b) after that paragraph (but before the final “and”) insert—
in relation to a person serving one sentence imposed on or after that day, two-thirds of the appropriate custodial term,
.
(3) In section 264(6) (consecutive terms of imprisonment: meaning of custodial period)—
(a) in paragraph (c), after “Code” insert “before the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into force”;
(b) after that paragraph (but before the final “and”) insert—
(ca) in relation to a sentence imposed under section 265 or 278 of the Sentencing Code on or after the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into force, two-thirds of the appropriate custodial term determined by the court under that section,
.
132 Power to refer high-risk offenders to Parole Board in place of automatic release
(1) The Criminal Justice Act 2003 is amended in accordance with subsections (2) to (10).
(2) In section 243A (release of prisoners serving sentences of less than 12 months), after subsection (2) insert—
(2A) Subsection (2) does not apply if—
(a) the prisoner’s case has been referred to the Board under section 244ZB, or
(b) a notice given to the prisoner under subsection (4) of that section is in force.
(3) In section 244 (general duty to release prisoners), after subsection (1) insert—
(1ZA) Subsection (1) does not apply if—
(a) the prisoner’s case has been referred to the Board under section 244ZB, or
(b) a notice given to the prisoner under subsection (4) of that section is in force.
(4) After section 244 insert—
Referral of high-risk offenders to Parole Board in place of automatic release
244ZB (1) This section applies to a prisoner who—
(a) would (but for anything done under this section and ignoring any possibility of release under section 246 or 248) be, or become, entitled to be released on licence under section 243A(2), 244(1) or 244ZA(1), and
(b) is (or will be) aged 18 or over on the first day on which the prisoner would be so entitled.
(2) For the purposes of this section, the Secretary of State is of the requisite opinion if the Secretary of State believes on reasonable grounds that the prisoner would, if released, pose a significant risk to members of the public of serious harm occasioned by the commission of any of the following offences—
(a) murder;
(b) specified offences, within the meaning of section 306 of the Sentencing Code.
(3) If the Secretary of State is of the requisite opinion, the Secretary of State may refer the prisoner’s case to the Board.
(4) Before referring the prisoner’s case to the Board, the Secretary of State must notify the prisoner in writing of the Secretary of State’s intention to do so (and the reference may be made only if the notice is in force).
(5) A notice given under subsection (4) must take effect before the prisoner becomes entitled as mentioned in subsection (1)(a).
(6) A notice given under subsection (4) must explain—
(a) the effect of the notice (including its effect under section 243A(2A), 244(1ZA) or 244ZA(3)),
(b) why the Secretary of State is of the requisite opinion, and
(c) the prisoner’s right to make representations (see subsection (12)).
(7) A notice given under subsection (4)—
(a) takes effect at whichever is the earlier of—
(i) the time when it is received by the prisoner, and
(ii) the time when it would ordinarily be received by the prisoner, and
(b) remains in force until—
(i) the Secretary of State refers the prisoner’s case to the Board under this section, or
(ii) the notice is revoked.
(8) The Secretary of State—
(a) may revoke a notice given under subsection (4), and
(b) must do so if the Secretary of State is no longer of the requisite opinion.
(9) If a notice given under subsection (4) is in force and the prisoner would but for the notice have become entitled as mentioned in subsection (1)(a)—
(a) the prisoner may apply to the High Court on the ground that the prisoner’s release has been delayed by the notice for longer than is reasonably necessary in order for the Secretary of State to complete the referral of the prisoner’s case to the Board, and
(b) the High Court, if satisfied that that ground is made out, must by order revoke the notice.
(10) At any time before the Board disposes of a reference under this section, the Secretary of State—
(a) may rescind the reference, and
(b) must do so if the Secretary of State is no longer of the requisite opinion.
(11) If the reference is rescinded, the prisoner is no longer to be treated as one whose case has been referred to the Board under this section (but this does not have the effect of reviving the notice under subsection (4)).
(12) The prisoner may make representations to the Secretary of State about the referral, or proposed referral, of the prisoner’s case at any time after being notified under subsection (4) and before the Board disposes of any ensuing reference under this section.
But the Secretary of State is not required to delay the referral of the prisoner’s case in order to give an opportunity for such representations to be made.
Proceedings following reference under section 244ZB
244ZC (1) This section applies to a prisoner whose case has been referred to the Parole Board under section 244ZB.
(2) If, in disposing of that reference or any subsequent reference of the prisoner’s case to the Board under this subsection, the Board does not direct the prisoner’s release, it is the duty of the Secretary of State to refer the prisoner’s case to the Board again no later than the first anniversary of the disposal.
(3) It is the duty of the Secretary of State to release the prisoner on licence as soon as—
(a) the prisoner has served the requisite custodial period, and
(b) the Board has directed the release of the prisoner under this section.
(4) The Board must not give a direction under subsection (3) in disposing of the reference under section 244ZB unless the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.
(5) The Board must not subsequently give a direction under subsection (3) unless—
(a) the Secretary of State has referred the prisoner’s case to the Board under subsection (2), and
(b) the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.
(6) For the purposes of this section, the “requisite custodial period” means the period ending with the day on which the prisoner would have become entitled as mentioned in section 244ZB(1)(a).
(5) In section 246(4) (exceptions from power to release early subject to curfew), after paragraph (f) insert—
(fa) the prisoner’s case has been referred to the Board under section 244ZB,
(fb) a notice given to the prisoner under subsection (4) of that section is in force,
.
(6) In section 255A(2) (duty to consider suitability for automatic release following recall of certain prisoners) (as amended by the Counter-Terrorism and Sentencing Act 2021), for “or a serious terrorism prisoner” substitute “, a serious terrorism prisoner or a prisoner whose case was referred to the Board under section 244ZB”.
(7) In section 255C(1) (prisoners whose release after recall is not automatic), for the words from “who” to the end substitute
—
(a) whose suitability for automatic release does not have to be considered under section 255A(2), or
(b) who is not considered suitable for automatic release.
(8) In section 260(5) (powers and duties of Secretary of State that continue to apply to prisoner removed from prison pending deportation), after “244,” insert “244ZB,”.
(9) In section 261(5)(b) (application of release provisions to returning deported prisoner), after “244,” insert “244ZC,”.
(10) In section 268(1A) (meaning of “requisite custodial period” in Chapter 6 of Part 12), after paragraph (c) insert—
(ca) in relation to a prisoner whose case has been referred to the Parole Board under section 244ZB, the requisite custodial period for the purposes of section 244ZC;
.
(11) In Schedule 1 to the Crime (Sentences) Act 1997—
(a) in paragraph 8(2)(a) (provisions relating to release continuing to apply to prisoner transferred from England and Wales to Scotland), for “, 244,” substitute “to”;
(b) in paragraph 9(2)(a) (provisions relating to release continuing to apply to prisoner transferred from England and Wales to Northern Ireland), for “, 244,” substitute “to”.
(12) In section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (power to alter test for release on licence at direction of Parole Board)—
(a) in subsection (2), after paragraph (b) insert—
(bza) a prisoner whose case has been referred to the Parole Board under section 244ZB of the Criminal Justice Act 2003 (power to refer to Parole Board in place of automatic release),
;
(b) in subsection (3), before paragraph (ab) insert—
(aaa) amend section 244ZC of the Criminal Justice Act 2003 (proceedings following reference under section 244ZB of that Act),
.
133 Power to make provision for reconsideration and setting aside of Parole Board decisions
In section 239 of the Criminal Justice Act 2003 (the Parole Board), after subsection (5) insert—
(5A) Rules under subsection (5) may, in particular, make provision—
(a) requiring or permitting the Board to make provisional decisions;
(b) about the circumstances—
(i) in which the Board must or may reconsider such decisions;
(ii) in which such decisions become final;
(c) conferring power on the Board to set aside a decision or direction that is within subsection (5B),
and any such provision may relate to cases referred to the Board under this Chapter or under Chapter 2 of Part 2 of the 1997 Act.
(5B) The following are within this subsection—
(a) a direction given by the Board for, or a decision made by it not to direct, the release of a prisoner which the Board determines it would not have given or made but for an error of law or fact, or
(b) a direction given by the Board for the release of a prisoner which the Board determines it would not have given if—
(i) information that was not available to the Board when the direction was given had been so available, or
(ii) a change in circumstances relating to the prisoner that occurred after the direction was given had occurred before it was given.
(5C) Provision made by virtue of subsection (5A)(c)—
(a) may not confer power on the Board to set aside a direction for the release of a prisoner at any time when the prisoner has already been released pursuant to that direction, but
(b) may make provision for the suspension of any requirement under this Chapter or under Chapter 2 of Part 2 of the 1997 Act for the Secretary of State to give effect to a direction of the Board to release a prisoner, pending consideration by the Board as to whether to set it aside.
134 Responsibility for setting licence conditions for fixed-term prisoners
(1) Section 250 of the Criminal Justice Act 2003 (licence conditions for fixed-term prisoners) is amended in accordance with subsections (2) and (3).
(2) For subsections (5A) to (5B) substitute—
(5A) The Secretary of State must not—
(a) include a condition referred to in subsection (4)(b)(ii) in a licence within subsection (5B), either on release or subsequently, or
(b) vary or cancel any such condition included in such a licence,
unless the Board directs the Secretary of State to do so (and must, if the Board so directs, include, vary or cancel such a condition).
(5B) A licence is within this subsection if it is granted to a relevant prisoner—
(a) on their initial release in a case where that release is at the direction of the Board, or
(b) on their release after recall to prison in a case where that release is at the direction of the Board (see sections 255B(5), 255C(5) and 256A(5)).
(5C) In subsection (5B), “relevant prisoner” means a prisoner to whom section 244ZC, 244A, 246A, 247 or 247A applies (or applied) for the purposes of their initial release.
(3) Omit subsection (9).
(4) Subsection (5) applies to any condition of a licence that is in force immediately before commencement if—
(a) the inclusion of the condition required a direction of the Board, but
(b) no such direction was given.
(5) The condition is to be treated, for the purposes of any time after commencement, as it if was included in the licence at the direction of the Board.
(6) Nothing in this section except subsection (5) affects the validity of any condition included in a licence before commencement.
(7) In this section—
“the Board” means the Parole Board;
“commencement” means the coming into force of this section;
“licence” means a licence under Chapter 6 of Part 12 of the Criminal Justice Act 2003.
135 Repeal of uncommenced provision for establishment of recall adjudicators
In the Criminal Justice and Courts Act 2015, omit the following (which make provision for recall adjudicators that has not been commenced)—
(a) sections 8 to 10, and
(b) Schedule 3.
136 Release at direction of Parole Board after recall: fixed-term prisoners
(1) The Criminal Justice Act 2003 is amended as follows.
(2) In section 255B (automatic release), after subsection (4) insert—
(4A) The Board must not give a direction for P’s release on a reference under subsection (4) unless the Board is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the period mentioned in subsection (1)(b).
(3) In section 255C (fixed-term prisoners not suitable for automatic release), after subsection (4) insert—
(4A) The Board must not give a direction for P’s release on a reference under subsection (4) unless the Board is satisfied that it is not necessary for the protection of the public that P should remain in prison.
(4) Omit section 256 (power of Board to fix date for future release).
(5) In section 256A (further review)—
(a) for subsection (1) substitute—
(1) This section applies to a person if—
(a) there has been a previous reference of the person’s case to the Board under section 255C(4) or this section, and
(b) the person has not been released.
(1A) The Secretary of State must refer the person’s case back to the Board not later than the first anniversary of the most recent determination by the Board not to release the person (the “review date”).
(1B) Subsection (1A) does not apply where the review date is 13 months or less before the date on which the person is required to be released by the Secretary of State.
;
(b) in subsection (2), for “that anniversary” substitute “the review date”;
(c) in subsection (3), for “a person’s” substitute “the person’s”;
(d) for subsections (4) and (5) substitute—
(4) The Board must not give a direction for a person’s release on a reference under subsection (1A) or (2) unless the Board is satisfied that it is not necessary for the protection of the public that the person should remain in prison.
(5) Where on a reference under subsection (1A) or (2) the Board directs a person’s release on licence under this Chapter, the Secretary of State must give effect to the direction.
(6) After section 256A insert—
Release after recall where further sentence being served
256AZA (1) This section applies where a person (“the offender”) is serving two or more terms of imprisonment.
(2) Nothing in sections 255A to 256A requires the Secretary of State to release the offender in respect of any of the terms unless and until the Secretary of State is required to release the offender in respect of each of the others.
(3) Nothing in sections 255A to 256A 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—
(a) to refer the offender’s case to the Board, or
(b) to release the offender,
in respect of each of the others.
(4) If the offender is released on licence under section 255B, 255C or 256A, the offender is to be on licence—
(a) until the last date on which the offender is required to be on licence in respect of any of the terms, and
(b) subject to such conditions as are required by this Chapter in respect of any of the sentences.
(5) This section applies to a determinate sentence of detention under any of the following provisions as it applies to a term of imprisonment—
(a) section 91 or 96 of the PCC(S)A 2000;
(b) section 250, 252A, 254, 262, 265, 266 or 268A of the Sentencing Code;
(c) section 226A, 226B, 227, 228 or 236A of this Act.
(7) In Schedule 20A (application of Chapter 6 of Part 12 of the 2003 Act to pre-4 April 2005 cases), omit paragraph 6(5) (certain determinations to be treated as made under section 256(1)).