Schedule 2 Closure of premises by registered social housing provider
Section 5
1 The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.
2 In section 76 (power to issue closure notices)—
(a) in subsection (1)—
(i) omit “or”, in the first place it appears;
(ii) after “authority,” insert “or a registered social housing provider (“RSH provider”),”;
(b) after subsection (1) insert—
(1A) An RSH provider may only issue a closure notice in respect of premises owned or managed by that provider.
;
(c) in subsection (7)—
(i) for “or local authority” substitute “, local authority or RSH provider”;
(ii) for “or authority” substitute “, authority or provider”.
3 In section 77 (duration of closure notices)—
(a) in subsection (2)—
(i) omit “or” at the end of paragraph (a);
(ii) after paragraph (b) insert
, or
(c) if, in the case of a notice issued by an RSH provider, the notice is signed by an individual who is part of the provider’s senior management.
;
(b) in subsection (4)—
(i) omit “or” at the end of paragraph (a);
(ii) after paragraph (b) insert
, or
(c) if, in the case of a notice issued by an RSH provider, the RSH provider issues an extension notice signed by an individual who is part of the provider’s senior management.
;
(c) after subsection (6) insert—
(7) For the purposes of this section, an individual is part of an RSH provider’s senior management if the individual plays a significant role in—
(a) the making of decisions about how the whole or a substantial part of the activities of the provider which relate to social housing are to be managed or organised, or
(b) the management or organisation of the whole or a substantial part of such activities.
4 In section 78 (cancellation or variation of closure notices)—
(a) in subsections (1), (2), (3) and (6), for “officer or authority” substitute “person”;
(b) after subsection (4), insert—
(4A) A cancellation notice or a variation notice that relates to a closure notice which was—
(a) issued by an RSH provider, and
(b) signed as mentioned in section 77(2)(c),
must be signed by the person who signed the closure notice (or, if that person is not available, by another person who could have signed the closure notice).
;
(c) in subsection (5)—
(i) after “local authority” insert “or RSH provider”;
(ii) after “section 77(4)(b)” insert “or (c) (as the case may be)”;
(d) in subsection (6), after paragraph (c) insert—
(d) in the case of a closure notice issued by an RSH provider, that provider.
5 In section 79 (service of notices)—
(a) in subsection (1), after paragraph (b) insert
;
(c) a representative of the provider that issued the notice, in the case of a notice issued by an RSH provider.
;
(b) in subsections (2), (3) and (4), omit “local authority”;
(c) after subsection (5) insert—
(6) In this section “representative”, in relation to an RSH provider, means—
(a) an employee of the provider, or
(b) a person, or employee of a person, acting on behalf of the provider.
6 In section 80 (power of court to make closure orders), in subsection (2), after paragraph (b) insert—
(c) by the provider that issued the closure notice, if the notice was issued by an RSH provider.
7 In section 82 (extension of closure orders)—
(a) in subsection (2), after paragraph (b) insert—
(c) where the closure order was made on the application of an RSH provider, that provider.
;
(b) in subsection (3)—
(i) for “or local authority” substitute “, local authority or RSH provider”;
(ii) for “the appropriate consultee has been consulted” substitute “appropriate consultation”;
(iii) after “application” insert “has been carried out”;
(c) for subsection (4) substitute—
(4) An appropriate consultation about the intention to make the application is carried out if the following are consulted—
(a) the local authority and any relevant RSH provider, in the case of an application by a police officer;
(b) the chief officer of police for the area in which the premises are situated and any relevant RSH provider, in the case of an application by a local authority;
(c) the local authority and the chief officer of police for the area in which the premises are situated, in the case of an application by an RSH provider.
An RSH provider is “relevant” if it owns or manages the premises.
8 In section 83 (discharge of closure orders)—
(a) in subsection (2), after paragraph (b) insert—
(ba) the provider that applied for the closure order, where the order was made on the application of an RSH provider;
;
(b) after subsection (6) insert—
(6A) Where—
(a) the order in question was made on the application of an RSH provider, and
(b) a person other than that provider makes an application under this section for the discharge of the order,
the justice may issue a summons directed to that provider requiring it to appear before the magistrates’ court to respond to the application.
(6B) If a summons is issued under subsection (6A), a notice stating the date, time and place of the hearing of the application must be served on—
(a) the provider mentioned in that subsection;
(b) the persons mentioned in subsection (2)(c) and (d) (other than the complainant).
9 In section 84 (appeals), after subsection (3) insert—
(3A) An RSH provider may appeal against—
(a) a decision not to make a closure order applied for by that provider;
(b) a decision not to extend a closure order made on the application of that provider;
(c) a decision (under section 81) not to order the continuation in force of a closure notice issued by that provider.
10 In section 85 (enforcement of closure orders), in subsection (2), after paragraph (b) insert
;
(c) in relation to a closure order made on the application of an RSH provider, means a person authorised by that provider.
11 In section 87 (access to other premises), in subsection (3), after paragraph (b) insert—
(ba) the RSH provider, in a case where that RSH provider owns or manages the premises;
.
12 In section 88 (reimbursement of costs)—
(a) in subsection (1), for “or a local authority” substitute “, a local authority or an RSH provider”;
(b) in subsection (5)—
(i) in paragraph (a), after “authority” insert “or an RSH provider”;
(ii) in paragraph (b), after “body” insert “or an RSH provider”;
(c) after subsection (5) insert—
(6) Where a local authority or a local policing body makes an application under this section in respect of premises owned or managed by an RSH provider, the application must also be served on the RSH provider.
13 In section 89 (exemption from liability)—
(a) after subsection (2) insert—
(2A) An RSH provider is not liable for damages in proceedings for—
(a) judicial review, or
(b) the tort of negligence,
arising out of anything done or omitted to be done by the provider in the exercise or purported exercise of a power under this Chapter.
;
(b) in subsection (3), for “and (2)” substitute “to (2A)”;
(c) in subsection (4), for “and (2)” substitute “to (2A)”.
14 In section 91 (guidance), in subsection (1)(b), after “authorities” insert “and RSH providers”.
15 In section 92 (interpretation)—
(a) in subsection (1), insert at the appropriate place—
“registered social housing provider” (or “RSH provider”) means—
in relation to England, a registered provider of social housing;
in relation to Wales, a Welsh body registered as a social landlord under section 3 of the Housing Act 1996;
;
(b) after subsection (3), insert—
(4) For the purposes of this Chapter, an RSH provider owns premises if—
(a) the provider is a person (other than a mortgagee not in possession) entitled to dispose of the fee simple in the premises, whether in possession or in reversion, or
(b) the provider is a person who holds or is entitled to the rents and profits of the premises under a lease that (when granted) was for a term of at least 3 years.
Section 44
Firearms Act 1968
1 (1) The Firearms Act 1968 is amended as follows.
(2) In section 7(1)—
(a) the words from “a firearm” to the end become paragraph (a);
(b) at the end insert—
(b) a relevant accessory.
(3) In section 8—
(a) in subsection (1) for the words from “, have” to “ammunition” substitute—
(a) have in their possession, purchase or acquire, a firearm or ammunition, or
(b) have a relevant accessory in their possession,
;
(b) in subsection (1A)—
(i) after “ammunition”, in the first place it occurs, insert “, or the possession of a relevant accessory,”;
(ii) for “or ammunition”, in the second place it occurs, substitute “, ammunition or relevant accessory”;
(iii) after “of, or” insert “firearm or ammunition is”.
(4) In section 9(1) for “or ammunition” substitute “, ammunition or a relevant accessory”.
(5) In section 11—
(a) in subsection (1) for “or ammunition”—
(i) in the first place it occurs, substitute “, ammunition or a relevant accessory”;
(ii) in the second and third places it occurs, substitute “, ammunition or relevant accessory”;
(b) in subsection (4)—
(i) omit the “and” at the end of paragraph (a);
(ii) at the end of paragraph (b) insert
and
(c) a relevant accessory,
.
(6) In section 11A at the end insert—
(7) Where a rifle is borrowed on any premises in reliance on subsection (1), the borrower may, without holding a certificate under this Act, borrow and have in their possession on those premises a relevant accessory for the period for which the rifle is borrowed.
(7) In section 12(1) after “firearm” insert “or relevant accessory”.
(8) In section 13(1)—
(a) in paragraph (a)—
(i) for “or ammunition”, in the first place it occurs, substitute “, ammunition or a relevant accessory”;
(ii) for “or ammunition therefor” substitute “, or ammunition or a relevant accessory therefor,”;
(b) in paragraph (b)—
(i) for “or ammunition”, in the first place it occurs, substitute “, or ammunition or a relevant accessory”;
(ii) for “or ammunition”, in the second place it occurs, substitute “, or ammunition or relevant accessory”;
(iii) omit the “and” at the end;
(c) after paragraph (c) insert—
(d) having obtained a permit under paragraph (c), remove any relevant accessory from or to a ship, aircraft or aerodrome, to or from the place specified in the permit.
Firearms (Amendment) Act 1988
2 (1) The Firearms (Amendment) Act 1988 is amended as follows.
(2) In section 15—
(a) in subsection (1) for “and ammunition” substitute “, ammunition and a relevant accessory”;
(b) in subsection (2) for “or ammunition” substitute “, ammunition or relevant accessories”.
(3) In section 16A(1) for “and ammunition” substitute “, ammunition and a relevant accessory”.
(4) In section 16B(1) for “and ammunition” substitute “, ammunition and a relevant accessory”.
(5) In section 17 after subsection (1) insert—
(1ZA) The holder of a visitor’s firearm permit may, without holding a firearm certificate, have in their possession a relevant accessory.”
(6) In section 25(4) (interpretation), for “or ammunition” substitute “, ammunition or relevant accessory”.
(7) In paragraph 1 of the Schedule, in sub-paragraphs (2)(a), (3) and (4) for “and ammunition” substitute “, ammunition and relevant accessories”.
Section 63
1 In Part 11 of the Sentencing Code, after Chapter 2 insert—
Chapter 2A Child criminal exploitation prevention orders
Making of orders
Power to make child criminal exploitation prevention order
358A (1) This section applies where a court is dealing with an offender aged 18 or over for an offence.
(2) The court may make an order under section 358B (a “CCE prevention order”) if the following conditions are met.
(3) The first condition is that—
(a) the court is satisfied on the balance of probabilities that the offender has engaged in child criminal exploitation or in conduct associated with child criminal exploitation, or
(b) the offence is an offence under section 48 of the Crime and Policing Act 2026 (child criminal exploitation).
(4) The second condition is that the court considers that there is a risk that the offender will engage in child criminal exploitation.
(5) The third condition is that the court considers that it is necessary to make the order to prevent the offender from engaging, or reduce the likelihood of the offender engaging, in child criminal exploitation.
(6) In subsection (3)—
(a) the reference to engaging in anything includes engaging in it before (as well as after) the time when Schedule 6 to the Crime and Policing Act 2026 comes into force;
(b) the reference to an offence includes an offence committed before (as well as after) that time.
(7) In this Chapter—
(a) a reference to a person “engaging in child criminal exploitation” is to the person—
(i) doing anything that constitutes an offence under section 48 of the Crime and Policing Act 2026 (as it has effect in England and Wales), or
(ii) doing anything in Scotland or Northern Ireland that would constitute an offence under that section (as it has effect in England and Wales) if done in England and Wales;
(b) a reference to a person “engaging in conduct associated with child criminal exploitation” is to the person doing anything, in any part of the United Kingdom, that is associated with the doing of anything within paragraph (a)(i) or (ii).
CCE prevention orders
358B (1) A CCE prevention order is an order which—
(a) prohibits the offender from doing anything described in the order;
(b) requires the offender to do anything described in the order.
The order may in particular require the offender to comply with section 358C (notification requirements).
(2) A court may include a prohibition or requirement only if it considers it necessary for the purpose of preventing the offender from engaging, or reducing the likelihood of the offender engaging, in child criminal exploitation.
(3) Prohibitions and requirements must, so far as practicable, be such as to avoid—
(a) any conflict with any religious beliefs of the offender;
(b) any interference with the times, if any, at which the offender normally works or attends any educational establishment;
(c) any conflict with the prohibitions and requirements of any other court order or injunction to which the offender is subject.
(4) A prohibition or requirement applies throughout the United Kingdom unless expressly limited to a particular area.
(5) A CCE prevention order must—
(a) specify the period for which it has effect (which must be at least five years), or
(b) state that it has effect until further order.
(6) Where—
(a) the offender has been remanded in or committed to custody by an order of a court, or
(b) a custodial sentence has been imposed on the offender or the offender is serving or otherwise subject to a such a sentence,
a CCE prevention order may provide that it does not take effect until the offender is released from custody or ceases to be subject to a custodial sentence.
(7) A CCE prevention order may specify periods for which particular prohibitions or requirements have effect.
(8) Where a court makes a CCE prevention order in respect of an offender who is already subject to such an order, the earlier order ceases to have effect.
Notification requirements
358C (1) This section applies where a CCE prevention order requires the offender to comply with this section.
(2) Before the end of the period of three days beginning with the day on which a CCE prevention order requiring the offender to comply with this section is first served, the offender must notify to the police—
(a) the offender’s name and, where the offender uses one or more other names, each of those names, and
(b) the offender’s home address.
(3) If, while the offender is subject to the order, the offender—
(a) uses a name which has not been notified under the order, or
(b) changes home address,
the offender must notify, to the police, the new name or the new home address.
(4) A notification under subsection (3) must be given before the end of the period of three days beginning with the day on which the offender uses the name or changes home address.
(5) A notification under this section is made—
(a) by attending at an appropriate police station and giving an oral notification to a constable, or to a person authorised for the purpose by the officer in charge of the station, or
(b) in a way specified in the CCE prevention order.
(6) An “appropriate police station” is a police station in the police area in which—
(a) the offender’s home address is situated, or
(b) the court which made the order is situated.
(7) A notification under this section must be acknowledged in writing.
(8) In this section “home address” means—
(a) the address of the offender’s sole or main residence in the United Kingdom, or
(b) where the offender has no such residence, the address or location of a place in the United Kingdom where the offender can regularly be found and, if there is more than one such place, such one of those places as the offender may select.
(9) In determining the period of three days mentioned in subsection (2) or (4), no account is to be taken of any time when the offender is—
(a) lawfully detained or otherwise lawfully deprived of their liberty, in the United Kingdom, or
(b) outside the United Kingdom.
Procedure
Procedural powers
358D (1) For the purpose of deciding whether to make a CCE prevention order, the court may consider evidence led by the prosecution and evidence led by the offender.
(2) It does not matter whether the evidence would have been admissible in the proceedings for the offence for which the offender is being dealt with.
(3) The court may adjourn any proceedings relating to the making of a CCE prevention order.
(4) If the offender does not appear for any adjourned proceedings, the court may—
(a) further adjourn the proceedings,
(b) issue a warrant for the offender’s arrest, or
(c) hear the proceedings in the offender’s absence.
(5) The court may act under subsection (4)(b) only if satisfied that the offender has had adequate notice of the time and place of the adjourned proceedings.
(6) The court may act under subsection (4)(c) only if satisfied that the offender—
(a) has had adequate notice of the time and place of the adjourned proceedings, and
(b) has been informed that if the offender does not appear for those proceedings, the court may hear the proceedings in the offender’s absence.
(7) Nothing in this section limits any other powers of the court.
Variation, discharge and appeals
Variation and discharge of orders
358E (1) This section applies where a person mentioned in subsection (2) applies to a relevant court for the variation or discharge of a CCE prevention order.
(2) The persons are—
(a) the offender;
(b) the chief officer of police for the police area in which the offender lives;
(c) a chief officer of police who believes that the offender is in, or is intending to come to, the chief officer’s police area.
(3) On the application, the court may (after hearing from the applicant and any other person mentioned in subsection (2) who wishes to be heard) make any order varying or discharging the order that the court considers appropriate.
This is subject to subsection (7).
(4) The power to vary an order includes power to—
(a) include an additional prohibition or requirement;
(b) extend the period for which a prohibition or requirement has effect;
(c) extend the period for which the order has effect.
(5) The court may make provision of a kind mentioned in subsection (4) only if it considers that the provision is necessary to prevent the offender from engaging, or reduce the likelihood of the offender engaging, in child criminal exploitation.
(6) Subsections (3), (4) and (6) of section 358B apply to additional prohibitions or requirements included on a variation of an order.
(7) The court may not discharge an order before the end of the period of five years beginning with the day on which the order was made, without the consent of the offender and—
(a) the chief officer of police for the police area in which the offender lives, or
(b) where the application is made by a chief officer of police, that chief officer.
(8) In this section “relevant court” means—
(a) where the Crown Court or the Court of Appeal made the order, the Crown Court;
(b) in any other case, any magistrates’ court.
Appeals
358F (1) A person mentioned in subsection (2) may appeal against a decision made on an application under section 358E.
(2) The persons are—
(a) the person who made the application;
(b) the offender;
(c) the chief officer of police for the police area in which the offender lives;
(d) a chief officer of police who believes that the offender is in, or is intending to come to, the chief officer’s police area.
(3) An appeal under this section is to be made—
(a) where the application was made to the Crown Court, to the Court of Appeal;
(b) in any other case, to the Crown Court.
(4) On an appeal under subsection (3)(b), the Crown Court may make—
(a) such orders as may be necessary to give effect to its determination of the appeal, and
(b) such incidental and consequential orders as appear to it to be appropriate.
Supplementary
Offence of breaching CCE prevention order
358G (1) A person who, without reasonable excuse, fails to comply with a CCE prevention order commits an offence.
(2) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).
(3) Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.
(4) In proceedings for an offence under this section, a copy of the original CCE prevention order, certified by the proper officer of the court that made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those matters is admissible in those proceedings.
Offences relating to notifications
358H (1) This section applies where a CCE prevention order requires a person to comply with section 358C (notification requirements).
(2) The person commits an offence if—
(a) without reasonable excuse, they fail to comply with that section, or
(b) in purported compliance with that section, they notify to the police any information which they know to be false.
(3) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).
(4) A person commits an offence under subsection (2)(a) on the day on which they first fail, without reasonable excuse, to comply with section 358C.
(5) The person continues to commit the offence throughout any period during which the failure continues.
(6) But the person may not be prosecuted more than once in respect of the same failure.
(7) Section 358G(4) applies for the purposes of this section.
Special measures for witnesses
358I (1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in the case of vulnerable and intimidated witnesses) applies to relevant proceedings under this Chapter as it applies to criminal proceedings, but with—
(a) the omission of sections 17(4) to (7), 21(4C)(e), 22A, 27(10) and 32 of that Act (which make provision appropriate only in the context of criminal proceedings), and
(b) any other necessary modifications.
(2) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act apply to relevant proceedings under this Chapter—
(a) to the extent provided by rules of court, and
(b) subject to any modifications provided by rules of court.
(3) Section 47 of that Act (restrictions on reporting special measures directions etc) applies with any necessary modifications—
(a) to a direction under section 19 of that Act as applied by this section;
(b) to a direction discharging or varying such a direction.
Sections 49 and 51 of that Act (offences) apply accordingly.
(4) In this section “relevant proceedings under this Chapter” means any proceedings under this Chapter except proceedings relating to an offence under section 358G or 358H.
Interpretation and supplementary provision
358J (1) In this Chapter—
“CCE prevention order” means an order under section 358B;
“engaging in child criminal exploitation” has the meaning given by section 358A (and related expressions are to be construed accordingly).
(2) An application under this Chapter is to be made—
(a) by complaint, where the application is made to a magistrates’ court;
(b) in accordance with rules of court, in any other case.
(3) Section 127 of the Magistrates’ Courts Act 1980 (time limit for complaints etc) does not apply to a complaint under this Chapter.
(4) On the hearing of an application under this Chapter, section 97 of the Magistrates’ Courts Act 1980 (summons to witness and warrant for arrest) does not apply in relation to any person for whose protection the order is sought, except where the person has given oral or written evidence at the hearing.
Schedule 13 Offences relating to semen-defaced images, intimate photographs or films and voyeurism
Section 98
Part 2 Further amendments in connection with offences
Online Safety Act 2023 (c. 50)
24 In Schedule 7 to the Online Safety Act 2023 (priority offences), in paragraph 28A (Sexual Offences Act 2003), at the end insert—
(c) section 66E (creating purported intimate image of adult);
(d) section 66F (requesting the creation of purported intimate image of adult).
Schedule 14 Intimate image material: reporting and registration
Section 103
Part 1 Trusted flaggers
Duty to designate trusted flagger
1 (1) The Secretary of State may by regulations designate persons as suitable to make intimate image reports to—
(a) providers of internet services, and
(b) providers of internet access services,
for the purpose of assisting the providers to make judgments about whether content is intimate image content.
(2) An intimate image report is—
(a) a report that—
(i) content identified in the report is a photograph or film which shows, or appears to show, a person (P) in an intimate state, and
(ii) P, or a person acting on P’s behalf, has informed the person making the report that P does not consent to the sharing of the photograph or film, or
(b) a report of information provided to the person making the report by virtue of regulations under paragraph 2.
(3) The Secretary of State must exercise the power in sub-paragraph (1) to designate at least one person.
(4) The duty in sub-paragraph (3) ceases to apply if Secretary of State makes regulations under paragraph 3.
(5) Terms used in sub-paragraph (2)(a) and in section 66B of the Sexual Offences Act 2003 have the same meaning in sub-paragraph (2)(a) as in section 66B.
Duties to report intimate image content to trusted flagger
2 (1) The Secretary of State may by regulations amend the Online Safety Act 2023 for, or in connection with, the imposition on providers of regulated services of duties relating to the provision of intimate image information to a person designated under paragraph 1.
(2) In this paragraph “intimate image information” means information generated by the provider for the purposes of identifying content which the provider considers to be intimate image content.
(3) The regulations may require intimate image information to be provided in a particular form (for example, a hash code).
(4) The provisions of the Online Safety Act 2023 that may be amended by regulations under this paragraph include, but are not limited to, section 131(2) (enforceable requirements).
Part 2 The intimate image register
The intimate image register
3 (1) The Secretary of State may by regulations make provision for or in connection with a register of intimate image material (the “intimate image register”).
(2) “Intimate image material” means material which—
(a) is intimate image content, or
(b) would be intimate image content if it were shared on an internet service.
(3) In this Part of this Schedule “intimate image content” has the meaning given by section 59 of the Online Safety Act 2023, except that section 59 applies as if subsections (13) and (14) (“intimate image content” on user-to-user services limited to user-generated content) were omitted.
The registrar
4 (1) The regulations may provide for the intimate image register to be maintained by—
(a) a person specified in the regulations,
(b) an individual appointed by the Secretary of State in accordance with the regulations, or
(c) the Secretary of State.
(2) Regulations under sub-paragraph (1)(b) may make provision about the terms on which an individual is appointed, including provision—
(a) for the payment of remuneration, allowances and expenses by the Secretary of State;
(b) for staff, accommodation and other facilities to be provided by the Secretary of State.
(3) The person who maintains the intimate image register is referred to in this Schedule as the registrar.
Operation of intimate image register
5 The regulations may make provision about—
(a) the form in which information is to be recorded on the intimate image register (which may in particular include hash codes);
(b) how material is to be reported to the registrar;
(c) how the registrar is to make judgments about whether material is intimate image material (which may in particular include provision similar to section 192(5) and (6) of the Online Safety Act 2023);
(d) how the registrar is to deal with reports that the registrar considers to be frivolous, vexatious or made in bad faith;
(e) appeals against decisions of the registrar;
(f) the sharing of information on the intimate image register with—
(i) providers of internet services and internet access services, and
(ii) other persons,
for purposes specified in the regulations.
Payment of fees to registrar
6 (1) The regulations may require providers of internet services and internet access services to pay fees to the registrar, as a means of recovering the costs incurred by the registrar in exercising functions under the regulations.
(2) The regulations may in particular make provision—
(a) for fees to be paid in respect of specified periods;
(b) for different fees to be payable by different providers.
Duties of providers of internet services and internet access services
7 (1) The regulations may make provision for or in connection with imposing on providers of internet services duties relating to—
(a) the provision of intimate image information to the registrar;
(b) taking down content recorded on the intimate image register;
(c) preventing persons from encountering content recorded on the intimate image register.
(2) The Secretary of State may by regulations make provision for or in connection with imposing on providers of internet access services duties relating to preventing access to content recorded on the intimate image register.
(3) In this paragraph “intimate image information” means information generated by the provider for the purposes of identifying intimate image material.
(4) Regulations under sub-paragraph (1)(a) may—
(a) make provision about how a provider is to make judgments about whether material is intimate image material (which may in particular include provision similar to section 192(5) and (6) of the Online Safety Act 2023);
(b) require intimate image information to be provided in a particular form (for example, a hash code).
Enforcement
8 (1) The regulations may make provision for or in connection with the enforcement of requirements imposed on providers of internet services and internet access services (“providers”) by or under the regulations.
(2) The regulations may include provision conferring functions on one or more persons specified in the regulations (each of whom is an “enforcement authority”).
(3) The persons who may be specified in the regulations include the registrar and the Secretary of State.
(4) The functions which may be conferred on an enforcement authority include—
(a) powers to require providers to provide information to the enforcement authority;
(b) powers to impose monetary penalties on providers for failure to comply with requirements;
(c) powers to issue notices (“compliance notices”) requiring providers to take steps specified in the notice for the purposes of complying with, or remedying a failure to comply with, a requirement.
(5) If the regulations provide for the imposition of monetary penalties they must provide—
(a) that a penalty (or, where more than one penalty is imposed in respect of a failure, those penalties taken together) may not exceed a maximum amount specified in the regulations (which may not be more than £3 million);
(b) for the amount of a penalty imposed on a provider to be appropriate and proportionate, having regard to—
(i) the failure to comply in respect of which it is imposed;
(ii) any penalties previously imposed on the provider in respect of that failure or other failures;
(iii) the size and financial resources of the provider.
(6) The regulations may provide for requirements imposed by a compliance notice to be enforceable, on the application of the enforcement authority, by injunction.
(7) The regulations—
(a) must make provision for appeals against the imposition of a monetary penalty and the issue of a compliance notice (if they provide for those things);
(b) may make provision for appeals against other decisions of an enforcement authority.
Payment of fees to enforcement authority
9 (1) The regulations may require providers of internet services and internet access services to pay fees to enforcement authorities, as a means of recovering the costs incurred by enforcement authorities in exercising their functions under the regulations.
(2) The regulations may in particular make provision—
(a) for fees to be paid in respect of specified periods;
(b) for different fees to be payable by different providers.
Guidance
10 The regulations may provide for the issue of guidance by—
(a) the registrar;
(b) enforcement authorities;
(c) the Secretary of State.
Duties of OFCOM
11 The regulations may require OFCOM to have regard to the intimate image register when—
(a) preparing a code of practice under section 41 of the Online Safety Act 2023;
(b) exercising its functions under Article 5(1) of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and retail charges for regulated intra-EU communications and amending Directive 2002/22/EC and Regulation (EU) No 531/2012,
and the regulations may amend that Act or that Regulation for or in connection with that purpose.
Part 3 Intimate image register: power to amend Online Safety Act 2023
12 (1) The Secretary of State may by regulations amend the Online Safety Act 2023 for or in connection with the imposition on providers of regulated services of duties relating to—
(a) the provision of intimate image information to the registrar;
(b) taking down content recorded on the intimate image register;
(c) preventing persons from encountering content recorded on the intimate image register.
(2) In this paragraph “intimate image information” means information generated by the provider for the purposes of identifying intimate image content.
(3) Regulations under sub-paragraph (1)(a) may require intimate image information to be provided in a particular form (for example, a hash code).
(4) The provisions of the Online Safety Act 2023 that may be amended by regulations under this paragraph include, but are not limited to, section 131(2) (enforceable requirements).
Part 4 Supplementary provision
Extra-territoriality
13 (1) References in this Schedule to an internet service include an internet service provided from outside the United Kingdom—
(a) which has a significant number of United Kingdom users, or
(b) one of the target markets of which (or the only target market of which) is United Kingdom users.
(2) A user of an internet service is a “United Kingdom user” if—
(a) where the user is an individual, the individual is in the United Kingdom;
(b) where the user is an entity, the entity is incorporated or formed under the law of any part of the United Kingdom.
Interpretation
14 (1) This paragraph applies for the interpretation of this Schedule.
(2) The following terms have the same meaning as in the Online Safety Act 2023—
“content” (see section 236 of that Act);
“internet service” (see section 228 of that Act);
“intimate image content” (see section 59 of that Act), except in Part 2 of this Schedule (see paragraph 3(3));
“provider”, in relation to an internet service of any kind (see section 226 of that Act);
“regulated service” (see section 4(4) of that Act).
(3) “Internet access service” means a service that provides access to virtually all (or just some) end points of the internet.
(4) The following terms have the meaning given by the specified provision of this Schedule—
enforcement authority | paragraph 8
intimate image register | paragraph 3
intimate image material | paragraph 3
the registrar | paragraph 4
Schedule 16 Possession or supply of SIM farms or other specified articles: powers of entry etc
Sections 153 and 156
Part 1 General
Interpretation
1 (1) In this Schedule—
“justice” means—
in England and Wales, a justice of the peace;
in Scotland, a sheriff, summary sheriff or justice of the peace;
in Northern Ireland, a lay magistrate;
“premises” includes any place and, in particular, includes—
any vehicle, vessel or aircraft;
any offshore installation;
any renewable energy installation within the meaning given by section 104 of the Energy Act 2004;
any tent or movable structure;
“relevant evidence” means evidence that any of the following has been committed—
an offence under any of sections 151 to 155;
an attempt or conspiracy to commit an offence within paragraph (a);
an offence under Part 2 of the Serious Crime Act 2007 (England and Wales and Northern Ireland: encouraging or assisting crime) in relation to an offence within paragraph (a);
an offence under the law of Scotland of inciting the commission of an offence within paragraph (a);
aiding, abetting, counselling or procuring the commission of an offence within paragraph (a);
“vessel” includes—
any ship or boat or any other description of vessel used in navigation, and
any hovercraft, submersible craft or other floating craft,
but does not include a reference to anything that permanently rests on, or is permanently attached to, the sea bed.
(2) In this Schedule any reference to a power conferred by this Schedule or any provision of it includes a reference to a power conferred by virtue of the Schedule or provision.
Saving
2 Nothing in this Schedule affects any power of a constable conferred otherwise than by this Schedule.
Part 2 Powers of entry etc
Power to enter and search vehicles
3 (1) This paragraph applies where—
(a) a constable has reasonable grounds to suspect that there is relevant evidence in a vehicle, and
(b) the vehicle is not a dwelling.
(2) The constable may at any time—
(a) enter the vehicle and search it for relevant evidence;
(b) stop and detain the vehicle for the purposes of entering and searching it.
(3) Where—
(a) a constable has stopped a vehicle under this paragraph, and
(b) the constable considers that it would be impracticable to search the vehicle in the place where it has stopped,
the constable may require the vehicle to be taken to such place as the constable directs to enable the vehicle to be searched.
(4) A constable may require—
(a) any person travelling in a vehicle, or
(b) the registered keeper of a vehicle,
to provide such facilities and assistance with respect to matters under that person’s control as the constable considers would facilitate the exercise of any power conferred by this paragraph.
(5) The powers conferred by this paragraph may be exercised in any place to which the constable lawfully has access (whether or not it is a place to which the public has access).
Power to enter and search vessels or aircraft
4 (1) This paragraph applies where—
(a) a constable has reasonable grounds to suspect that there is relevant evidence in or on any vessel or aircraft, and
(b) the vessel or aircraft is not a dwelling.
(2) The constable may at any time—
(a) board the vessel or aircraft, and
(b) search it for relevant evidence.
(3) For the purposes of exercising the power conferred by sub-paragraph (2), the constable may require a vessel or aircraft—
(a) to stop, or
(b) to do anything else that will facilitate the boarding of that or any other vessel or aircraft.
(4) A constable who has boarded a vessel or aircraft may, for the purposes of disembarking from the vessel or aircraft, require that or any other vessel or aircraft—
(a) to stop, or
(b) to do anything else that will enable the constable to disembark from the vessel or aircraft.
(5) A constable may require any person on board a vessel or aircraft to provide such facilities and assistance with respect to matters under that person’s control as the constable considers would facilitate the exercise of any power conferred by this paragraph.
Warrant conferring power to enter and search premises
5 (1) Where a justice is satisfied that the requirements in sub-paragraph (3) are met in relation to any premises, the justice may issue a warrant (a “search warrant”) authorising a constable—
(a) to enter the premises, and
(b) to search them for relevant evidence.
(2) A search warrant may be either—
(a) a warrant that relates only to premises specified in the warrant (a “specific-premises warrant”), or
(b) in the case of a warrant issued in England and Wales or Northern Ireland, a warrant that relates to any premises occupied or controlled by a person specified in the warrant (an “all-premises warrant”).
(3) The requirements of this sub-paragraph are met in relation to premises if there are reasonable grounds to suspect that—
(a) there are items on the premises that are relevant evidence, and
(b) in a case where the premises are specified in the application, any of the following conditions is met—
(i) that it is not practicable to communicate with any person entitled to grant entry to the premises;
(ii) that it is not practicable to communicate with any person entitled to grant access to the items;
(iii) that entry to the premises is unlikely to be granted unless a warrant is produced;
(iv) that the purpose of entry may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.
Applications for search warrants
6 (1) A search warrant may be issued under paragraph 5 only on the application of—
(a) a constable, in England and Wales or Northern Ireland;
(b) a constable or a procurator fiscal, in Scotland.
(2) An application for a search warrant may be made without notice being given to persons who might be affected by the warrant.
(3) The application must be supported—
(a) in England and Wales, by information in writing;
(b) in Scotland, by evidence on oath;
(c) in Northern Ireland, by a complaint on oath.
(4) A person applying for a search warrant must answer on oath any question that the justice hearing the application asks the person.
(5) In the case of an application made by a procurator fiscal, the requirement under sub-paragraph (4) may be met by a constable or a person who has the powers of a constable.
(6) Part 3 of this Schedule contains further provision about applications in England and Wales or Northern Ireland for search warrants under paragraph 5.
Execution of search warrants
7 (1) A search warrant may be executed by any constable.
(2) A search warrant may authorise persons to accompany a constable who is executing it.
(3) A person authorised under sub-paragraph (2) to accompany a constable who is executing a search warrant—
(a) may exercise any power conferred by paragraph 5, 8 or 9 which the constable may exercise as a result of the warrant, but
(b) may exercise such a power only in the company of, and under the supervision of, the constable.
(4) In sub-paragraphs (2) and (3) “constable” includes a person who has the powers of a constable.
(5) Part 4 of this Schedule contains further provision about the execution in England and Wales or Northern Ireland of search warrants under paragraph 5.
Powers of examination etc
8 (1) This paragraph applies where a constable is exercising a power of search conferred by this Schedule in relation to any premises.
(2) The constable may examine anything that is in or on the premises.
(3) The constable may break open any container or other locked thing, so far as this is reasonably necessary for the purpose of exercising—
(a) a power of search conferred by this Schedule, or
(b) a power conferred by this paragraph.
(4) The constable may require any person in or on the premises to provide such facilities and assistance with respect to matters under that person’s control as the constable considers would facilitate the exercise of—
(a) a power of search conferred by this Schedule, or
(b) a power conferred by this paragraph.
(5) Nothing in this paragraph confers a power to search a person.
Power to require production of documents etc
9 (1) This paragraph applies where a constable is exercising a power of search conferred by this Schedule in relation to any premises.
(2) The constable may require any person in or on the premises to produce any document or record that is in the person’s possession or control.
(3) A reference in this paragraph to the production of a document includes a reference to the production of—
(a) a hard copy of information recorded otherwise than in hard copy form, or
(b) information in a form from which a hard copy can be readily obtained.
(4) For the purposes of this paragraph—
(a) information is recorded in hard copy form if it is recorded in a paper copy or similar form capable of being read (and references to hard copy have a corresponding meaning);
(b) information can be read only if—
(i) it can be read with the naked eye, or
(ii) to the extent that it consists of images (for example photographs, pictures, maps, plans or drawings), it can be seen with the naked eye.
Power to use reasonable force
10 (1) A constable may use reasonable force, if necessary, for the purpose of exercising a power conferred by this Schedule.
(2) A person authorised under paragraph 7(2) to accompany a person who is executing a search warrant may use reasonable force, if necessary, for the purpose of exercising a power conferred by any of paragraphs 5 to 9.
Obstruction etc
11 (1) A person commits an offence if, without reasonable excuse, the person intentionally obstructs a constable in the performance of a function conferred by this Schedule.
(2) A person commits an offence if—
(a) the person fails without reasonable excuse to comply with a requirement reasonably made, or a direction reasonably given, by a constable in the exercise of a power conferred by this Schedule, or
(b) the person prevents any other person from complying with any such requirement or direction.
(3) In this paragraph “constable” includes—
(a) a person who has the powers of a constable;
(b) a person authorised under paragraph 7(2) to accompany a person who is executing a search warrant.
(4) A person who commits an offence under this paragraph is liable—
(a) on summary conviction in England and Wales, to a fine;
(b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.
Part 3 Applications for search warrants: England and Wales and Northern Ireland
Introduction
12 (1) This Part of this Schedule applies to applications in England and Wales or Northern Ireland for search warrants under paragraph 5.
(2) In this Part of this Schedule “specific-premises warrant” and “all-premises warrant” have the meaning given by paragraph 5.
Applications for warrants
13 (1) A person applying for a search warrant must—
(a) state that the application is for a warrant under paragraph 5,
(b) specify the matters set out in sub-paragraph (2) or (3) (as the case may be),
(c) state what are the grounds for suspecting that relevant evidence is on the premises, and
(d) identify, so far as is possible, the offence to which the relevant evidence relates.
(2) If the person is applying for a specific-premises warrant, the person must specify each set of premises that it is desired to enter and search.
(3) If the person is applying for an all-premises warrant, the person must specify—
(a) as many of the sets of premises that it is desired to enter and search as it is reasonably practicable to specify,
(b) the person who is in occupation or control of those premises and any others that it is desired to enter and search,
(c) why it is necessary to search more premises than those specified under paragraph (a), and
(d) why it is not reasonably practicable to specify all the premises that it is desired to enter and search.
(4) If the person is applying for a search warrant authorising entry and search on more than one occasion, the person must also state—
(a) the ground on which the person applies for such a warrant, and
(b) whether the person seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired.
Warrant: whether authorises one or multiple entries
14 A search warrant authorises entry on one occasion only, unless it specifies that it authorises multiple entries.
Form of warrants
15 A search warrant must—
(a) specify the name of the person who applies for it,
(b) specify the date on which it is issued,
(c) state that the warrant is issued under paragraph 5 of this Schedule,
(d) specify each set of premises to be searched, or (in the case of an all-premises warrant) the person who is in occupation or control of premises to be searched, together with any premises to be searched that are under the person’s occupation or control and can be specified, and
(e) identify, so far as is possible, the offence to which the relevant evidence suspected to be on the premises relates.
Copies of warrants
16 (1) Two copies must be made of a search warrant that specifies only one set of premises and does not authorise multiple entries.
(2) As many copies as are reasonably required may be made of any other kind of search warrant.
(3) The copies must be clearly certified as copies.
Part 4 Execution of search warrants: England and Wales and Northern Ireland
Introduction
17 (1) This Part of this Schedule applies to the execution in England and Wales or Northern Ireland of a search warrant under paragraph 5.
(2) In this Part of this Schedule “specific-premises warrant” and “all-premises warrant” have the meaning given by paragraph 5.
(3) In paragraphs 21, 22 and 24 “constable” includes a person who has the powers of a constable.
Warrant to be executed within one month
18 Entry and search under a search warrant must be within one month from the date of its issue.
All-premises warrants
19 (1) In the case of an all-premises warrant, premises that are not specified in the warrant may be entered and searched only if a senior officer has authorised them to be entered.
(2) An authorisation under sub-paragraph (1) must be in writing.
(3) In this paragraph “senior officer” means—
(a) a constable of at least the rank of inspector, or
(b) a National Crime Agency officer who—
(i) is designated under section 10 of the Crime and Courts Act 2013 as a person having the powers and privileges of a constable, and
(ii) is of grade 3 or above.
Search of premises more than once
20 (1) Premises may be entered or searched for the second or any subsequent time under a search warrant authorising multiple entries only if a senior officer has authorised that entry to the premises.
(2) An authorisation under sub-paragraph (1) must be in writing.
(3) In this paragraph “senior officer” has the meaning given by paragraph 19.
Time of search
21 Entry and search under a search warrant must be at a reasonable hour unless it appears to the constable executing it that the purpose of a search may be frustrated on an entry at a reasonable hour.
Evidence of authority etc
22 (1) Where the occupier of premises to be entered and searched under a search warrant is present at the time when a constable seeks to execute the warrant, the following requirements must be satisfied—
(a) the occupier must be told the constable’s name;
(b) if not a constable in uniform, the constable must produce to the occupier documentary evidence that they are a constable;
(c) the constable must produce the warrant to the occupier;
(d) the constable must supply the occupier with a copy of it.
(2) Where the occupier of premises to be entered and searched under a search warrant is not present at the time when a constable seeks to execute the warrant—
(a) if some other person who appears to the constable to be in charge of the premises is present, sub-paragraph (1) has effect as if a reference to the occupier were a reference to that other person;
(b) if not, the constable must leave a copy of the warrant in a prominent place on the premises.
Extent of search
23 A search under a search warrant may only be a search to the extent required for the purpose for which the warrant was issued.
Securing premises after entry
24 A constable who enters premises under a search warrant must take reasonable steps to ensure that when the constable leaves the premises they are as secure as they were before the entry.
Return and retention of warrant
25 (1) A search warrant must be returned to the appropriate person (see sub-paragraph (2))—
(a) when the warrant has been executed, or
(b) no more than one month after the date of its issue, if the warrant is—
(i) a specific-premises warrant that has not been executed,
(ii) an all-premises warrant, or
(iii) a warrant authorising multiple entries.
(2) The appropriate person is—
(a) in the case of a warrant issued in England and Wales, the designated officer for the local justice area in which the justice of the peace was acting when issuing the warrant;
(b) in the case of a warrant issued in Northern Ireland, the clerk of petty sessions for the petty sessions district in which the lay magistrate was acting when issuing the warrant.
(3) The appropriate person must retain a search warrant returned under sub-paragraph (1) for 12 months from the date of its return.
(4) If during that period the occupier of premises to which the search warrant relates asks to inspect it, the occupier must be allowed to do so.
Section 161
Part 1 War memorials
1 Arcade of Former Archbishops Palace, York (including the walls and railings under the arches of the Arcade).
2 Arch of Remembrance, Leicester.
3 Cenotaph, Whitehall, London.
4 Charles Church, Plymouth (being the entire derelict structure of that church).
5 Chatham Naval War Memorial.
6 Edith Cavell Memorial, St Martin’s Place, London.
7 Eleanor Cross, Sledmere.
8 Hall of Memory, Centenary Square, Birmingham.
9 Guards Memorial, Horse Guards Parade, London.
10 Liverpool Cenotaph.
11 Merchant Navy Memorial, Tower Hill, London.
12 Plymouth Naval War Memorial.
13 Port Sunlight War Memorial.
14 Portsmouth Naval War Memorial.
15 Preston War Memorial.
16 The Response, Newcastle upon Tyne.
17 Rochdale Cenotaph.
18 Royal Artillery Memorial, Hyde Park Corner, London.
19 Southampton Cenotaph.
20 Spalding War Memorial.
21 Statue of Captain Albert Ball, Nottingham Castle Gardens, Nottingham.
22 Town and County War Memorial, Northampton.
23 Wagoners’ Memorial, Sledmere.
24 Ely War Memorial (and the wall in which it is situated, extending east from the Almonry to the west end of No. 2 Fore Hill).
25 Monument to the Women of World War II, Whitehall, London.
Part 2 Parts of war memorials
26 The external walls and roof of Alcester Town Hall, and any fixtures attached to any of those walls or that roof.
Part 3 Other memorials
27 Statue of Sir Winston Churchill, Parliament Square, London.
28 Holocaust Memorial Garden, Hyde Park, London.
Schedule 21 Confiscation orders: England and Wales
Section 189(1)
Part 1 The principal objective
1 (1) The Proceeds of Crime Act 2002 is amended as follows.
(2) At the beginning of Part 2 insert—
Exercise of powers: general
The principal objective
5A (1) This section applies to any power conferred by or under this Part on—
(a) a court;
(b) a prosecutor;
(c) a person who is an appropriate officer within the meaning given by section 41A(3) or 47A(1);
(d) any other person whose functions include the investigation of crime;
(e) a receiver appointed under section 48 or 50.
(2) The principal objective in exercising a power to which this section applies in relation to a defendant is to deprive the defendant of the defendant’s benefit from criminal conduct, so far as within the defendant’s means.
(3) The defendant’s means are to be taken to include any tainted gifts made by the defendant.
(4) A court or person must exercise any power to which this section applies in the way which the court or person considers is best calculated to further the principal objective.
(5) The duty under section 2A(1) does not apply to the exercise by a relevant authority of a power to which this section applies if and to the extent that exercising the power in compliance with that duty would be inconsistent with doing so in compliance with the duty under subsection (4).
(6) In subsection (5) “relevant authority” has the meaning given by section 2A(2).
(3) In the italic heading before section 69, after “of” insert “specific”.
(4) In section 69 (powers of court and receiver etc)—
(a) in the heading, at the beginning insert “Specific”;
(b) in subsection (3), in the words before paragraph (a), after “subject to” insert “the principal objective (see section 5A) and”.
Part 2 Criminal lifestyle
Prosecutor’s discretion
2 (1) The Proceeds of Crime Act 2002 is amended as follows.
(2) In section 6(4) (making of order: criminal lifestyle and conduct)—
(a) in paragraph (a), at the beginning insert “if asked to do so by the prosecutor”;
(b) in paragraph (b), after “if” insert “(pursuant to paragraph (a))”;
(c) in paragraph (c), at the beginning insert “if it is not asked to decide whether the defendant has a criminal lifestyle or”.
(3) In section 16 (statement of information)—
(a) after subsection (2) insert—
(2A) The statement of information must indicate whether or not the case is one in which the court is asked to decide whether the defendant has a criminal lifestyle (see section 6(4)).
;
(b) in subsection (3), for “prosecutor believes”, in the first place it occurs, substitute “case is one in which the court is asked to decide whether”;
(c) in subsection (5), for “prosecutor does not believe” substitute “case is one in which the court is not asked to decide whether”.
(4) In section 20(2) (no order made: reconsideration of benefit)—
(a) omit “has decided that”;
(b) in paragraph (a), for “the defendant has a criminal lifestyle but” substitute “has decided under section 6(4)(b) that the defendant”;
(c) in paragraph (b), for “the defendant does not have a criminal lifestyle and” substitute “has decided under section 6(4)(c) that the defendant”.
The serious risk of injustice test
3 In section 10 of the Proceeds of Crime Act 2002 (assumptions to be made in case of criminal lifestyle), after subsection (6) insert—
(6A) In determining whether there would be a serious risk of injustice if a required assumption were made in relation to particular property or expenditure, the court must consider all the circumstances of the case and must, in particular, give the appropriate weight to—
(a) any evidence about the serious risk of injustice that has been made available to it, and
(b) any explanation given by the defendant for being unable to provide evidence that would have shown the assumption to be incorrect.
Cases in which defendant has a criminal lifestyle
4 (1) Section 75 of the Proceeds of Crime Act 2002 (criminal lifestyle) is amended as follows.
(2) In subsection (3)—
(a) after “benefited”, in the first place it occurs, insert “, or intended to benefit,”;
(b) in paragraph (a)—
(i) for “three”, in both places it occurs, substitute “two”;
(ii) after “benefited” insert “or intended to benefit”;
(c) in paragraph (b), after “benefited” insert “or intended to benefit”.
(3) The amendments made by sub-paragraph (2)(a), (b)(ii) and (c) do not apply in relation to conduct that took place wholly or partly before the date on which those provisions come into force.
Criminal lifestyle offences
5 (1) Schedule 2 to the Proceeds of Crime Act 2002 (criminal lifestyle offences) is amended as follows.
(2) In paragraph 8(1) (offences in connection with brothels), after “section 33” insert “, 33A”.
(3) After paragraph 9B insert—
Environmental offences
9C (1) An offence under section 33(1)(a) of the Environmental Protection Act 1990 (depositing, or causing or permitting the deposit of, certain waste, otherwise than in accordance with an environmental permit).
(2) An offence under regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) (operating a regulated facility, or causing or knowingly permitting a water discharge activity or groundwater activity, otherwise than in accordance with an environmental permit).
(4) An amendment made by sub-paragraph (2) or (3) does not apply in relation to an offence committed wholly or partly before the coming into force of the sub-paragraph in question.
Part 3 Provisions concerning amount to be paid under confiscation order
Hidden property
7 (1) The Proceeds of Crime Act 2002 is amended as follows.
(2) In section 9(1) (available amount)—
(a) omit the “and” at the end of paragraph (a);
(b) at the end of paragraph (b) insert
, and
(c) any amount determined under section 9A (value of hidden property).
(3) After that section insert—
Hidden property
9A (1) This section applies where it appears to a court calculating the available amount that—
(a) the defendant’s benefit from the conduct concerned exceeds the total of the values (as at the time the confiscation order is made) of—
(i) all the free property then held by the defendant, and
(ii) all tainted gifts, and
(b) some or all of that excess is a result of property having been hidden by or on behalf of the defendant.
(2) The court must determine the total value of the property that the court considers has been hidden by or on behalf of the defendant.
(3) When making a determination under this section the court must, in particular, consider the extent to which there are other circumstances that may account for the excess mentioned in subsection (1)(b), for example—
(a) expenditure incurred by the defendant which has or may have been met from the defendant’s benefit from the conduct concerned;
(b) changes in the value of the property held by the defendant.
(4) In section 21 (order made: reconsideration of benefit), in subsection (8)(b), for “section 9” substitute “sections 9 and 9A”.
(5) In section 22 (order made: reconsideration of available amount), in subsection (3), for “section 9” substitute “sections 9 and 9A”.
(6) In section 23 (inadequacy of available amount: variation of order), in subsection (2), for “section 9” substitute “sections 9 and 9A”.
Tainted gifts
8 In section 77 of the Proceeds of Crime Act 2002 (tainted gifts), for subsection (5) substitute—
(5) A gift is tainted if it was made by the defendant—
(a) at any time after the commission of the offence concerned, or
(b) if the defendant’s particular criminal conduct consists of two or more offences and they were committed at different times, at any time after the commission of the earliest of the offences.
Benefit
9 (1) The Proceeds of Crime Act 2002 is amended as follows.
(2) In section 76 (conduct and benefit), after subsection (7) insert—
(8) But in a case where—
(a) the person—
(i) intended to have only a limited power to control or dispose of all or part of the property,
(ii) held the property temporarily, or
(iii) is treated as obtaining the property as a result of section 84(3), and
(b) the court believes that the amount found under subsection (7) in relation to the property would produce a result that would be unjust,
the court may reduce that amount to such amount (including zero) as the court believes is just.
(3) In section 84 (property: general provisions)—
(a) in subsection (2)(b), at the end insert “(and see subsection (3))”;
(b) after subsection (2) insert—
(3) If, as a result of or in connection with conduct, a person keeps property that the person already has, where the court believes it just to do so the person is to be treated as obtaining the property as a result of or in connection with the conduct.
Value of property obtained
10 (1) The Proceeds of Crime Act 2002 is amended as follows.
(2) In section 79(5) (value: the basic rule), after “80” insert “, 80A”.
(3) In section 80 (value of property obtained from conduct), after subsection (4) insert—
(5) If only a proportion of the property was obtained by the person as a result of or in connection with the person’s criminal conduct, only that proportion is to be taken into account for the purposes of subsections (2) to (4).
(6) This section does not apply in a case where section 80A applies.
(4) After that section insert—
Mortgages
80A (1) This section applies if—
(a) a person uses a loan obtained as a result of or in connection with the person’s criminal conduct to purchase an interest in land,
(b) the loan is secured by a mortgage over the interest in land, and
(c) the interest in land has increased in value during the loan period.
(2) The value, at the material time, of the property obtained as a result of or in connection with the person’s criminal conduct is to be taken to be the amount found using the following formula—
A
B
×
C
where—
A is the amount of the loan;
B is the value of the interest in land at the time it was purchased;
C is the amount by which the interest in land has increased in value between that time and the end of the loan period.
(3) The value of the interest in land at the beginning and end of the loan period is to be found in accordance with section 79.
(4) If the loan period ends before the material time, the amount found under subsection (2) is to be adjusted to take account of changes in the value of money between the end of the loan period and the material time.
(5) In this section—
“the loan period” is the period between the time when the loan is obtained and the earlier of—
the time when the principal, and any interest due, is repaid, and
the material time;
“the material time” is the time the court makes its decision.
Value of property sold or destroyed
11 (1) Section 80 of the Proceeds of Crime Act 2002 (value of property obtained from conduct) is amended as follows.
(2) In subsection (2), at the beginning insert “Except where subsection (3A) or (3B) applies,”.
(3) After subsection (3) insert—
(3A) Where the person no longer holds the property obtained because it has been sold, the value of the property at the material time is the greater of the following—
(a) the proceeds of the sale, adjusted to take account of later changes in the value of money;
(b) the value (immediately before the sale) of the property, adjusted to take account of later changes in the value of money.
(3B) Where the person no longer holds the property obtained because it has been destroyed by virtue of a court order under section 51(2)(e) or section 67AA (orders for destruction of cryptoassets), the value of the property at the material time is the market value of the property as set out in the court order, adjusted to take account of later changes in the value of money.
(3C) For the purposes of subsection (3A)(a), if the proceeds of the sale are in a currency other than sterling, they must be taken to be the sterling equivalent calculated in accordance with the rate of exchange prevailing at the end of the day of the sale.
(4) In subsection (4), after “(2)(a) and (b)” insert “and subsection (3A)(b)”.
Part 4 Priority orders
Priority orders
12 (1) The Proceeds of Crime Act 2002 is amended as follows.
(2) In section 13 (effect of confiscation order on court’s other powers), for subsections (5) and (6) substitute—
(5) Where a court makes a confiscation order or priority order the effect of which is that subsection (6) applies, the court making that order must also make a priority payment direction.
(6) This subsection applies if, in the same proceedings (see section 85 for the meaning of “proceedings”) the following are made against the same person—
(a) a confiscation order, and
(b) one or more priority orders.
(7) A “priority payment direction” is a direction that any amount payable under the priority order (or orders) that remains unpaid when any sum is recovered under the confiscation order is to be paid out of that sum.
(3) In section 19 (no order made: reconsideration of case), omit subsection (8).
(4) In section 20 (no order made: reconsideration of benefit), omit subsection (12).
(5) In section 21 (order made: reconsideration of benefit)—
(a) in subsection (9), omit paragraphs (c), (ca) and (d);
(b) omit subsection (10).
(6) In section 22 (order made: reconsideration of available amount)—
(a) in subsection (5), omit paragraphs (c) and (d);
(b) omit subsection (6).
(7) In section 55 (sums received by designated officer), for subsection (5) substitute—
(5) If a priority payment direction was made under section 13(5), the designated officer must next apply the sums in payment of any amounts payable under the priority order (or orders) that remain unpaid.
(5A) In a case in which there is more than one priority order the sums are to be applied in the order in which the priority orders were made, starting with the earliest of them.
Part 5 Compensation directions
Compensation directions
13 (1) The Proceeds of Crime Act 2002 is amended as follows.
(2) After section 22 insert—
Increased available amount: compensation directions
22A (1) This section applies where under section 22(4) a court varies a confiscation order so as to increase the amount required to be paid under the order.
(2) The court may make a supplementary compensation direction if—
(a) a compensation order has been made against the defendant in respect of the offence (or any of the offences) concerned, and
(b) at the time the compensation order was made, the amount of the compensatable loss that had been sustained by the person in whose favour it was made was greater than the amount required to be paid by the compensation order.
(3) A supplementary compensation direction is a direction that so much of the amount recovered under the confiscation order as the court considers appropriate is to be paid to the person in whose favour the compensation order was made.
(4) That amount must not exceed the difference between—
(a) the amount of the compensatable loss that had been sustained by the person at the time the compensation order was made, and
(b) the amount required to be paid to the person by the compensation order,
or so much of that difference as remains unpaid.
(5) If the amount mentioned in subsection (4)(a) exceeds any applicable maximum amount, subsection (4) applies as if the amount in subsection (4)(a) were the applicable maximum amount.
(6) The court may make a compensation direction if—
(a) at the time the confiscation order was made, a person was known to the court to have sustained compensatable loss as a result of the offence (or any of the offences) concerned, but
(b) a compensation order has not been made against the defendant in respect of that compensatable loss.
(7) A compensation direction is a direction that so much of the amount recovered under the confiscation order as the court considers appropriate is to be paid to the person mentioned in subsection (6)(a).
(8) That amount must not exceed—
(a) the amount of the compensatable loss that had been sustained by the person as a result of the offence (or any of the offences) concerned at the time the confiscation order was made, or
(b) so much of that amount as remains unpaid.
(9) If the amount mentioned in subsection (8)(a) exceeds any applicable maximum amount, subsection (8) applies as if the amount in subsection (8)(a) were the applicable maximum amount.
(10) In this section—
“applicable maximum amount” means the maximum amount of compensation (if any) that a compensation order made against the defendant in respect of the offence (or offences) concerned could have required the defendant to pay;
“compensatable loss” means personal injury, loss or damage of a kind in respect of which a compensation order could have been made;
“compensation order” means an order under—
section 130 of the Powers of Criminal Courts (Sentencing) Act 2000, or
Chapter 2 of Part 7 of the Sentencing Code.
(3) In section 55 (sums received by designated officer) after subsection (5A) (inserted by paragraph 12(7)) insert—
(5B) If under section 22A (compensation directions) a direction was made for an amount to be paid to a person, the designated officer must next apply the sums in payment of that amount.
Part 6 Procedural matters
Timing of confiscation proceedings and effect on sentencing
14 (1) The Proceeds of Crime Act 2002 is amended as follows.
(2) Before section 16 insert—
Timing of confiscation proceedings and effect on sentencing
15A (1) This section applies where the court sentences the defendant for the offence (or any of the offences) concerned before it proceeds under section 6.
(2) In sentencing the defendant for the offence (or any of the offences) concerned the court must not—
(a) impose a fine on the defendant,
(b) make an order falling within section 13(3)(a),
(c) make an order falling within section 13(3)(b), (c) or (d) other than any such order made in respect of property that has little or no market value at the time of sentencing,
(d) make an order for the payment of compensation under Chapter 2 of Part 7 of the Sentencing Code,
(e) make an order for the payment of a surcharge under section 42 of that Code, or
(f) make an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.
(3) The court must draw up a timetable for the proceedings under section 6 before the end of the hearing at which it sentences the defendant for the offence (or, where there is more than one, the last offence) concerned.
(4) The court may revise a timetable drawn up under subsection (3).
(5) Section 6 has effect as if the defendant’s particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding the defendant’s sentence for the offence or offences concerned.
(6) The court may, after the conclusion of the proceedings under section 6, vary the sentence by—
(a) imposing a fine on the defendant,
(b) making an order falling within section 13(3),
(c) making an order for the payment of compensation under Chapter 2 of Part 7 of the Sentencing Code,
(d) making an order for the payment of a surcharge under section 42 of that Code, or
(e) making an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.
(7) But the court may proceed under subsection (6) only within the period of 56 days beginning with the day on which the court—
(a) makes a confiscation order under section 6, or
(b) decides not to make such an order.
(8) For the purposes of—
(a) section 18(2) of the Criminal Appeal Act 1968 (time limit for notice of appeal or of application for leave to appeal), and
(b) paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of application for leave to refer a case under section 36 of that Act),
the sentence must be regarded as imposed or made on the day on which it is varied under subsection (6).
(3) Omit sections 14 and 15 (postponement of confiscation proceedings).
Early resolution meeting
15 (1) The Proceeds of Crime Act 2002 is amended as follows.
(2) In section 6, after subsection (7) insert—
(7A) But the court may, if it believes it is appropriate to do so, decide any question arising under subsection (4) or (5) in accordance with an agreement reached by the prosecutor and defendant at an EROC meeting as mentioned in section 15B(3)(a).
(3) After section 15A insert—
Early resolution meeting
15B (1) This section applies where—
(a) the Crown Court is proceeding under section 6, and
(b) the court directs that an early resolution of confiscation meeting (an “EROC meeting”) is to be held.
(2) Before the court proceeds as mentioned in subsection (4) of section 6 (making of order) the prosecutor and the defendant (or the defendant’s legal representative) must attend an EROC meeting.
(3) An EROC meeting is a meeting held with a view to the prosecutor and defendant—
(a) reaching agreement on the question whether a confiscation order is required to be made against the defendant and, if so, on the amount required to be paid by the defendant under the confiscation order, or
(b) in a case where agreement as mentioned in paragraph (a) is not reached, identifying the questions to be decided by the court in proceeding under section 6 on which they disagree.
(4) A direction under subsection (1)(b)—
(a) may be given by the court on application by the prosecutor or of its own motion;
(b) may require or permit the attendance at an EROC meeting of—
(i) any person who it appears to the court holds, or may hold, an interest in key property;
(ii) an accredited financial investigator;
(iii) any other person that the court considers appropriate.
(5) A direction under subsection (1)(b) may be varied or revoked by the court on application by the prosecutor or of its own motion.
(6) Key property is property held by the defendant that the court believes will need to be realised or otherwise used to satisfy any confiscation order that may be made.
Early resolution hearing
15C (1) Following an EROC meeting, the court must hold an EROC hearing if—
(a) the prosecutor and defendant did not reach agreement as mentioned in section 15B(3)(a), or
(b) the prosecutor and defendant did reach agreement, but the court decided not to make a confiscation order under section 6 requiring the defendant to pay the amount agreed.
(2) An “EROC hearing” is a hearing for the court to consider the next steps in the section 6 proceedings.
(3) In this section “EROC meeting” has the meaning given by section 15B.
Part 7 Reconsideration and provisional discharge
Order made: reconsideration
16 (1) The Proceeds of Crime Act 2002 is amended as follows.
(2) After section 21 insert—
Order made: reconsideration of benefit on decrease in value and sale etc
21A (1) This section applies if—
(a) a court has made a confiscation order,
(b) there is relevant property,
(c) an application to proceed under this section is made to the Crown Court by—
(i) the prosecutor,
(ii) a receiver appointed under section 50, or
(iii) the designated officer for a magistrates’ court, and
(d) the applicant believes that if the court were to make a new calculation of the defendant’s benefit and in doing so applied section 21(3) to (6), the amount found would not exceed the amount that would be found if the court were to make a new calculation of the defendant’s benefit under subsection (4).
(2) For the purposes of this section, property is “relevant property” if the property was obtained by the defendant as a result of or in connection with the conduct concerned and—
(a) it was held by the defendant when the relevant amount was calculated, but
(b) it is no longer held by the defendant because it has been—
(i) sold, or
(ii) destroyed by virtue of a court order under section 51(2)(e) or section 67AA (orders for the destruction of cryptoassets).
(3) In a case where this section applies, the court must determine whether A is less than B, where—
“A” is the total of the values of all relevant property as decided in accordance with section 80(3A) or (3B) (as appropriate), and
“B” is the total of the values at which that property was taken into account when the relevant amount was calculated, adjusted to take account of changes in the value of money since it was calculated.
(4) If A is less than B, the court must make a new calculation of the defendant’s benefit by—
(a) adjusting the relevant amount to take account of changes in the value of money since it was calculated, and
(b) deducting from that adjusted amount the amount by which A is less than B.
(5) Subsection (6) applies where—
(a) the court makes a new calculation of the defendant’s benefit under subsection (4), and
(b) the court determines that C is less than D, where—
“C” is the amount that, if it was adjusted to take account of changes in the value of money since the amount required to be paid was last determined, would give the amount found under the new calculation of the defendant’s benefit, and
“D” is the amount required to be paid under the order.
(6) The court must vary the order by substituting C for the amount required to be paid.
(7) The variation of the order under subsection (6) does not—
(a) affect the defendant’s liability to pay any interest which was payable under section 12 for a period before the variation of the order but which had not been paid at the time of the variation, or
(b) give rise to any obligation to refund any amount already paid by the defendant under the order.
(8) The relevant amount is—
(a) the amount found as the defendant’s benefit for the purposes of the confiscation order, or
(b) if one or more new calculations of the defendant’s benefit have been made under section 21 or this section, the amount found on the occasion of the last such calculation.
(3) In section 21 (order made: reconsideration of benefit)—
(a) after subsection (11) insert—
(11A) Section 11 applies in relation to a confiscation order when it is varied under this section as it applies in relation to a confiscation order when it is made (reading references to the making of the order as references to the varying of the order and references to the day on which the order is made as references to the day on which the order is varied).
(11B) Where section 12 applies in relation to a confiscation order that has been varied under this section, the reference in section 12(3)(c) to the day on which the order was made is to be read as a reference to the day on which the order was varied.
;
(b) in subsection (13)—
(i) in paragraph (a), for “if this section has not applied previously;” substitute “or”;
(ii) for paragraph (b) substitute—
(b) if one or more new calculations of the defendant’s benefit have been made under this section or section 21A, the amount found on the occasion of the last such calculation.
(4) In section 22 (order made: reconsideration of available amount)—
(a) after subsection (7) insert—
(7A) Section 11 applies in relation to a confiscation order when it is varied under this section as it applies in relation to a confiscation order when it is made (reading references to the making of the order as references to the varying of the order and references to the day on which the order is made as references to the day on which the order is varied).
(7B) Where section 12 applies in relation to a confiscation order that has been varied under this section, the reference in section 12(3)(c) to the day on which the order was made is to be read as a reference to the day on which the order was varied.
;
(b) in subsection (9), in paragraph (b), after “section 21” insert “or 21A,”.
(5) In section 39 (reconsideration etc: variation of prison term), in subsection (1)(a), after “21,” insert “21A,”.
Part 9 Restraint orders
Conditions for making of restraint order: risk of dissipation
25 (1) The Proceeds of Crime Act 2002 is amended as follows.
(2) In section 40 (conditions for exercise of power to make restraint order), for subsection (1) substitute—
(1) Section 41 (power to make a restraint order) applies if—
(a) any of the first to fifth conditions is satisfied (see subsections (2) to (6)), and
(b) there is a real risk that relevant realisable property held by any person will be dissipated unless the Crown Court exercises the powers conferred by section 41 in relation to that property.
(1A) For the purposes of this section—
(a) “relevant realisable property” is realisable property that could be used for the purpose of satisfying any confiscation order that has been or may be made against the defendant;
(b) a reference to relevant realisable property being “dissipated” is to it ceasing to be available for that purpose.
(1B) In determining for the purposes of subsection (1)(b) whether there is a real risk of relevant realisable property being dissipated, the court must, in particular, have regard to the following—
(a) the nature of the relevant realisable property;
(b) the extent to which any person has taken steps with a view to relevant realisable property being dissipated;
(c) any circumstances of a person who holds the relevant realisable property that may affect the ease with which they would be able to secure the dissipation of the property;
(d) any evidence of such a person’s character;
(e) the nature of the defendant’s criminal conduct;
(f) the amount by which the defendant is suspected or believed to have benefited from their criminal conduct;
(g) the stage of the proceedings for an offence against the defendant.
(3) In section 41(1) (power to make restraint order), for “If any condition set out in section 40 is satisfied” substitute “In a case where this section applies (see section 40),”.
Exception to restraint orders for reasonable legal expenses
26 (1) The Proceeds of Crime Act 2002 is amended as follows.
(2) In section 41 (restraint orders)—
(a) omit subsections (2A) and (2B);
(b) in subsection (3)—
(i) omit “other”;
(ii) after paragraph (b) insert—
(c) be made subject to conditions.
;
(c) in subsection (4), for the words before paragraph (a) substitute “Section 41ZA applies to an exception to a restraint order if the exception makes provision for any reasonable legal expenses which—”;
(d) omit subsections (5A) and (5B);
(e) omit subsection (10).
(3) After section 41 insert—
Exception for legal expenses in respect of offence with which confiscation proceedings concerned
41ZA (1) Where the court makes an exception to a restraint order under section 41(3) to which this section applies, it must ensure that the exception—
(a) is limited to legal expenses that the specified person has reasonably incurred or that the person reasonably incurs,
(b) specifies the total amount that may be released for legal expenses in pursuance of the exception, and
(c) is made subject to the required conditions (in addition to any conditions imposed under section 41(3)(c)).
(2) The Lord Chancellor may by regulations specify the required conditions for the purposes of subsection (1).
(3) A required condition may, in particular—
(a) restrict who may receive sums released in pursuance of the exception (by, for example, requiring released sums to be paid to professional legal advisers), or
(b) be made for the purpose of controlling the amount of any sum released in pursuance of the exception in respect of an item of expenditure.
(4) A required condition made for the purpose mentioned in subsection (3)(b) may, for example, provide for a sum to be released in respect of an item of expenditure only if—
(a) the court has assessed the amount allowed by the regulations in respect of that item, and
(b) the sum is released for payment of the assessed amount.
(5) For the purposes of subsection (4), the regulations may, in particular, make provision—
(a) limiting the amount of remuneration allowable to representatives for a unit of time worked;
(b) limiting the total amount of remuneration allowable to representatives for work done in connection with proceedings or a step in proceedings;
(c) limiting the amount allowable in respect of an item of expenditure incurred by a representative or incurred, otherwise than in respect of the remuneration of a representative, by a party to proceedings.
(6) Before making regulations under this section, the Lord Chancellor must consult such persons as the Lord Chancellor considers appropriate.
(4) In section 459 (orders and regulations), in each of subsections (4)(a) and (6)(a), omit “41(5A),”.
Exception to restraint order for reasonable living expenses
27 In section 41 of the Proceeds of Crime Act 2002 (restraint orders)—
(a) after subsection (3) insert—
(3A) In making an exception to a restraint order that makes provision for reasonable living expenses the court must, in particular, have regard to the following—
(a) the period for which the restraint order is to have effect;
(b) the specified person’s applicable standard of living (see subsection (11));
(c) the specified person’s means;
(d) the value of relevant realisable property held by the specified person in relation to the amount that the defendant is, or is likely to be, required to pay under a confiscation order;
(e) the extent to which expenditure by the specified person is necessary or desirable for the purpose of improving or maintaining the value of relevant realisable property held by them.
;
(b) at the end insert—
(11) In this section—
“applicable standard of living”, in relation to a specified person, means—
the person’s standard of living immediately before the making of the restraint order, or
in a case where there is reasonable cause to believe that the person enjoys a higher standard of living as a result of criminal activity, the standard of living that the person would enjoy but for that activity;
“relevant realisable property” has the same meaning as in section 40.
Discharge of restraint order etc: proceedings not started within reasonable time
28 (1) The Proceeds of Crime Act 2002 is amended as follows.
(2) In section 41 (restraint orders)—
(a) in subsection (7A), for “and (7C)” substitute “to (7CA)”;
(b) after subsection (7C) insert—
(7CA) In determining for the purposes of subsection (7B)(b) whether proceedings for the offence have not started within a reasonable time, the court must, in particular, have regard to the following—
(a) the length of time that has passed since the making of the restraint order;
(b) the reasons given by the prosecutor for proceedings not having started within that time;
(c) the length and complexity of the criminal investigation, both before and after the making of the restraint order;
(d) the extent to which the matters subject to that investigation include matters arising abroad;
(e) the length and complexity of the potential proceedings;
(f) the nature of the restraint order (for example, the extent of the property to which it relates);
(g) the impact of the restraint order on any person affected by the order.
(3) In section 42 (restraint orders: application, discharge and variation), after subsection (7) insert—
(7A) In determining for the purposes of subsection (7)(a) whether proceedings for the offence have not started within a reasonable time, the court must, in particular, have regard to the following—
(a) the length of time that has passed since the making of the restraint order;
(b) the reasons given by the prosecutor for proceedings not having started within that time;
(c) the length and complexity of the criminal investigation, both before and after the making of the restraint order;
(d) the extent to which the matters subject to that investigation include matters arising abroad;
(e) the length and complexity of the potential proceedings;
(f) the nature of the restraint order (for example, the extent of the property to which it relates);
(g) the impact of the restraint order on any person affected by the order.
Restraint orders: effect of conviction
29 After section 42 of the Proceeds of Crime Act 2002 insert—
Restraint orders: effect of conviction
42A (1) In making or varying a restraint order at any time after the defendant’s conviction for an offence, the Crown Court must have regard, in particular, to—
(a) the fact of the defendant’s conviction, and
(b) whether any of the following has been, or is likely to be, made against the defendant—
(i) a compensation order under Chapter 2 of Part 7 of the Sentencing Code;
(ii) an order requiring payment of a surcharge under section 42 of that Code;
(iii) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013;
(iv) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.
(2) Subsections (3) and (4) apply where—
(a) the Crown Court makes a restraint order at a time when the defendant has not been convicted of an offence, and
(b) the defendant is subsequently convicted of an offence at a time when the order remains in force.
(3) If the restraint order is subject to an exception made under section 41(3), the Crown Court must review the appropriateness of the exception having regard, in particular, to the matters mentioned in subsection (1).
(4) Following that review the court may vary the restraint order, whether or not an application has been made under section 42(3).
Part 10 Management receivers
Appointment of management receiver
30 (1) The Proceeds of Crime Act 2002 is amended as follows.
(2) In section 48 (appointment of management receiver)—
(a) after subsection (1) insert—
(1A) Subsection (2) also applies if—
(a) a magistrates’ court has made a further detention order, and
(b) an application is made to the Crown Court to proceed under subsection (2) by—
(i) the prosecutor, or
(ii) an accredited financial investigator.
;
(b) in subsection (2), after “restraint order” insert “or (as the case may be) further detention order”;
(c) after subsection (2) insert—
(3) For the purposes of this section and section 49, a “further detention order” is an order made in relation to property under section 47M (further detention of property detained under section 47J).
(3) In section 49 (powers of management receiver)—
(a) in subsection (1), after “restraint order” insert “or (as the case may be) further detention order (referred to in this section as the “relevant order”)”;
(b) in subsections (2), (5) and (6)(a), for “restraint order” substitute “relevant order”.
(4) In section 63 (discharge and variation), in subsection (3)(a), after “section 40” insert “or 47B”.
Part 11 Appeals
Appeal rights in relation to confiscation proceedings
31 (1) The Proceeds of Crime Act 2002 is amended in accordance with sub-paragraphs (2) to (9).
(2) After section 67D insert—
Appeals
Appeals in relation to confiscation orders
67E (1) If the Crown Court makes a confiscation order, the prosecutor may appeal to the Court of Appeal in respect of the order.
(2) If the Crown Court decides not to make a confiscation order, the prosecutor may appeal to the Court of Appeal against the decision.
(3) For the defendant’s right of appeal—
(a) where the Crown Court makes a confiscation order, and
(b) in respect of an order fixing the default term,
see section 50(1) of the Criminal Appeal Act 1968 (the effect of which is that, for the purposes of the appeal rights conferred by that Act, both such orders form part of the defendant’s sentence).
(4) On an appeal under subsection (1) the Court of Appeal—
(a) may confirm, vary or quash the confiscation order, and
(b) if it quashes the order, may direct the Crown Court to proceed afresh under section 6.
(5) On an appeal under subsection (2) the Court of Appeal—
(a) may confirm the decision, or
(b) if it believes that the decision was wrong, may—
(i) itself proceed under section 6 (ignoring subsections (1) to (3)), or
(ii) direct the Crown Court to proceed afresh under that section.
(6) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of the defendant or the prosecutor.
(7) On an appeal from a decision of the Court of Appeal to confirm, vary or make a confiscation order the Supreme Court may confirm, vary or quash the order.
(8) On an appeal from a decision of the Court of Appeal to confirm the decision of the Crown Court not to make a confiscation order, or from a decision of the Court of Appeal to quash a confiscation order, the Supreme Court may—
(a) confirm the decision, or
(b) direct the Crown Court to proceed afresh under section 6 if it believes the decision was wrong.
(9) In proceeding afresh under section 6 pursuant to this section, the Crown Court must comply with any directions the Court of Appeal or (as the case may be) the Supreme Court may make.
Appeals under section 67E: supplementary
67F (1) This section applies if a court makes or varies a confiscation order pursuant to section 67E.
(2) The court must—
(a) have regard to any fine imposed on the defendant in respect of the offence (or any of the offences) concerned;
(b) have regard to any order which falls within section 13(3) and has been made against the defendant in respect of the offence (or any of the offences) concerned, unless the order has already been taken into account by a court in deciding what is the free property held by the defendant for the purposes of section 9.
(3) Subsections (4) to (9) apply if a court makes a confiscation order pursuant to section 67E.
(4) If a court has already sentenced the defendant for the offence (or any of the offences) concerned, section 6 has effect as if the defendant’s particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding the defendant’s sentence for the offence or offences concerned.
(5) If an order falling with subsection (6) has been made against the defendant in respect of the offence (or any of the offences) concerned the court must have regard to the order.
(6) These orders fall within this subsection—
(a) a compensation order under Chapter 2 of Part 7 of the Sentencing Code;
(b) an order requiring payment of a surcharge under section 42 of the Sentencing Code;
(c) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013;
(d) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.
(7) Section 8(2) does not apply, and the rules applying instead are that the court must—
(a) take account of conduct occurring before the relevant date;
(b) take account of property obtained before that date;
(c) take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.
(8) In section 10—
(a) the first and second assumptions do not apply with regard to property first held by the defendant on or after the relevant date;
(b) the third assumption does not apply with regard to expenditure incurred by the defendant on or after that date;
(c) the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by the defendant on or after that date.
(9) Section 26 applies as it applies in the circumstances mentioned in subsection (1) of that section.
(10) For the purposes of this section, “the relevant date” is—
(a) in a case where the Crown Court made a confiscation order which was quashed by the Court of Appeal, the date on which the Crown Court made the order;
(b) in any other case, the date on which the Crown Court decided not to make a confiscation order.
Appeals in relation to section 10A determinations
67G (1) If a court makes a determination under section 10A of the extent of the defendant’s interest in property, the following may appeal to the Court of Appeal in respect of the determination—
(a) the prosecutor;
(b) the defendant, if subsection (2) applies;
(c) a person who the Court of Appeal believes is or may be a person holding an interest in the property, if subsection (2) applies.
(2) This subsection applies if—
(a) the defendant or (as the case may be) the person within subsection (1)(c) was not given a reasonable opportunity to make representations when the determination was made, or
(b) it appears to the Court of Appeal to be arguable that giving effect to the determination would result in a serious risk of injustice to the defendant or that other person.
(3) But there is no right of appeal for the defendant or a person within subsection (1)(c) if—
(a) the Court of Appeal believes that an application under section 50 is to be made by the prosecutor for the appointment of a receiver,
(b) such an application has been made but not yet determined, or
(c) a receiver has been appointed under section 50.
(4) On an appeal under this section the Court of Appeal may—
(a) confirm the determination, or
(b) make such order as it believes is appropriate.
(5) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings on the appeal.
(6) On an appeal under subsection (5) the Supreme Court may—
(a) confirm the decision of the Court of Appeal, or
(b) make such order as it believes is appropriate.
Appeals in relation to compliance orders
67H (1) If, on an application under section 13A(3)(b), the Crown Court decides not to make a compliance order, the prosecutor may appeal to the Court of Appeal against the decision.
(2) If the Crown Court decides to make, discharge or vary a compliance order, the following persons may appeal to the Court of Appeal in respect of the decision—
(a) the prosecutor;
(b) the defendant;
(c) any other person affected by the order.
(3) On an appeal under subsection (1) or (2) the Court of Appeal may—
(a) confirm the decision, or
(b) make such order as it believes is appropriate.
(4) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings on the appeal.
(5) On an appeal under subsection (4) the Supreme Court may—
(a) confirm the decision of the Court of Appeal, or
(b) make such order as it believes is appropriate.
(6) In this section “compliance order” means an order made under section 13A.
Appeals in relation to variations of confiscation order
67I (1) If the Crown Court makes an order under section 21, 22 or 23 varying a confiscation order, the prosecutor may appeal to the Court of Appeal in respect of the order.
(2) For the defendant’s right of appeal where the Crown Court makes an order under section 21 or 22, see section 50(1)(cb) of the Criminal Appeal Act 1968 (the effect of which is that, for the purposes of the appeal rights conferred by that Act, any such order forms part of the defendant’s sentence).
(3) On an appeal under subsection (1) the Court of Appeal—
(a) may confirm, vary or quash the order concerned, and
(b) if it quashes the order, may direct the Crown Court to proceed afresh under section 21, 22 or 23.
(4) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of the defendant or the prosecutor.
(5) On an appeal from a decision of the Court of Appeal to confirm or vary the order concerned the Supreme Court may confirm, vary or quash the order.
(6) On an appeal from a decision of the Court of Appeal to quash the order concerned the Supreme Court may—
(a) confirm the decision of the Court of Appeal, or
(b) direct the Crown Court to proceed afresh under section 21, 22 or 23 if it believes the decision was wrong.
(7) In proceeding afresh pursuant to this section, the Crown Court must comply with any directions the Court of Appeal or (as the case may be) the Supreme Court may make.
Appeals in relation to restraint orders
67J (1) If, on an application under section 42 for a restraint order, the Crown Court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.
(2) If an application is made under section 42(3) in relation to a restraint order or an order under section 41(7), the following may appeal to the Court of Appeal in respect of the Crown Court’s decision on the application—
(a) the person who applied for the order;
(b) any person affected by the order.
(3) On an appeal under subsection (1) or (2) the Court of Appeal may—
(a) confirm the decision, or
(b) make such order as it believes is appropriate.
(4) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal.
(5) On an appeal under subsection (4) the Supreme Court may—
(a) confirm the decision of the Court of Appeal, or
(b) make such order as it believes is appropriate.
Appeals in relation to management and enforcement receivers
67K (1) If, on an application for an order under any of sections 48 to 51 or 62, the Crown Court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.
(2) If the Crown Court makes an order under any of sections 48 to 51 or 62, any of the following may appeal to the Court of Appeal in respect of the order—
(a) the person who applied for the order;
(b) any person affected by the order;
(c) if the order was made under section 62, the receiver.
(3) The following may appeal to the Court of Appeal against a decision of the Crown Court on an application under section 63—
(a) the person who applied for the order in respect of which the application was made;
(b) any person affected by the court’s decision;
(c) the receiver.
(4) On an appeal under this section the Court of Appeal may—
(a) confirm the decision, or
(b) make such order as it believes is appropriate.
(5) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal.
(6) On an appeal under subsection (5) the Supreme Court may—
(a) confirm the decision of the Court of Appeal, or
(b) make such order as it believes is appropriate.
Appeals in relation to realisation etc of seized property
67L (1) If the enforcing court decides not to make an order under section 67ZA(3), 67A(3) or 67AA(2), an appropriate officer may appeal against the decision to the applicable court.
(2) If the enforcing court makes an order under 67ZA(3), 67A(3) or 67AA(2), a person affected by the order may appeal in respect of the order to the applicable court, but only if conditions 1 and 2 are met (and see subsection (5)).
(3) Condition 1 is met if no determination under section 10A has been made in relation to the case.
(4) Condition 2 is met if—
(a) the person concerned was not given a reasonable opportunity to make representations when the confiscation order was made, or
(b) it appears to the applicable court to be arguable that not hearing the appeal would result in a serious risk of injustice to that person.
(5) A person holding the property to which the order under section 67ZA, 67A or (as the case may be) 67AA relates may not appeal under subsection (2) if there is a confiscation order made against them.
(6) An appropriate officer may appeal to the applicable court against—
(a) a decision by the enforcing court not to make a determination under section 67B;
(b) a determination made by the enforcing court under that section.
(7) On an appeal under this section to the Court of Appeal it may—
(a) confirm the decision, or
(b) make such order as it believes is appropriate.
(8) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal.
(9) On an appeal under subsection (8) the Supreme Court may—
(a) confirm the decision of the Court of Appeal, or
(b) make such order as it believes is appropriate.
(10) In this section—
“the applicable court” is—
in a case where the enforcing court is a magistrates’ court, the Crown Court;
in a case where the enforcing court is the Crown Court, the Court of Appeal;
“appropriate officer” has the same meaning as in section 41A.
(3) In section 44A (detention of property pending appeal), in subsections (1)(b) and (2)(b), for “43(3)(b)” substitute “67J(3)(b)”.
(4) In section 46 (hearsay evidence), in subsection (3)(c), for “43 or 44” substitute “67J”.
(5) In section 68 (applications and appeals), in subsection (1)(b), for “43, 44, 65 or 66” substitute “67J or 67K”.
(6) In section 69 (powers of court and receiver etc), in subsection (1)(a), for “and sections 62 to 67D” substitute “, sections 62 to 67D and sections 67J to 67L”.
(7) In section 85 (proceedings), in subsection (6)—
(a) in paragraph (a), for “31(2)” substitute “67E(2)”;
(b) in paragraph (b), for “31(2)” substitute “67E(2)”;
(c) in paragraph (c)—
(i) for “31(2)” substitute “67E(2)”;
(ii) for “33” substitute “67E(6)”;
(d) in paragraph (d)—
(i) for “31(2)” substitute “67E(2)”;
(ii) for “33” substitute “67E(6)”;
(e) in paragraph (e)—
(i) for “31(2)” substitute “67E(2)”;
(ii) for “33” substitute “67E(6)”;
(f) in paragraph (f), for “31(2)” substitute “67E(2)”;
(g) in paragraph (g), for “33” substitute “67E(6)”.
(8) In section 89 (procedure on appeal to the Court of Appeal), in subsection (4)—
(a) in paragraph (za), for “31(4)” substitute “67G(1)”;
(b) in paragraph (a), for “43(1) or (2)” substitute “67J(1) or (2)”;
(c) in paragraph (b), for “65” substitute “67K(1) to (3)”.
(9) Omit—
(a) section 13B (appeals against compliance orders);
(b) sections 31 to 33 (appeals against confiscation orders);
(c) sections 43 and 44 (restraint orders: appeals);
(d) sections 65 and 66 (receivers: appeals);
(e) section 67C (orders in relation to seized property: appeals).
(10) In section 50 of the Criminal Appeal Act 1968 (meaning of sentence)—
(a) in subsection (1), in paragraph (ca), omit the words from “(but” to the end;
(b) after subsection (3) insert—
(4) A determination made under section 10A of the Proceeds of Crime Act 2002 is not a sentence for the purposes of this Act (see section 67G of that Act for rights of appeal in relation to such a determination).
(5) A compliance order made under section 13A of the Proceeds of Crime Act 2002 is not a sentence for the purposes of this Act (see section 67H of that Act for rights of appeal in relation to such an order).
Part 12 Consequential and related amendments
Courts Act 2003 (c. 39)
32 In the Courts Act 2003, in Schedule 8 (minor and consequential amendments), omit paragraph 406.
Constitutional Reform Act 2005 (c. 4)
33 In the Constitutional Reform Act 2005, in Schedule 9 (amendments relating to jurisdiction of the Supreme Court), omit paragraph 77(2) and (3).
Serious Crime Act 2007 (c. 27)
34 In the Serious Crime Act 2007, in Schedule 8 (abolition of Assets Recovery Agency and its Director)—
(a) omit paragraph 4;
(b) omit paragraphs 16 and 17;
(c) omit paragraph 19;
(d) omit paragraph 32.
Prevention of Social Housing Fraud Act 2013 (c. 3)
35 In the Prevention of Social Housing Fraud Act 2013, in the Schedule (consequential amendments)—
(a) omit paragraphs 15 and 16;
(b) omit paragraph 17(3);
(c) omit paragraph 18(3);
(d) omit paragraphs 19 to 21.
Crime and Courts Act 2013 (c. 22)
36 Omit sections 46 and 47 of the Crime and Courts Act 2013 (restraint orders and legal aid).
Serious Crime Act 2015 (c. 9)
37 The Serious Crime Act 2015 is amended as follows.
38 Omit section 3 (appeals in relation to confiscation orders).
39 In section 6 (confiscation and victim surcharge orders), omit subsections (4) and (5).
40 In section 10 (default sentences), omit subsection (1).
41 In Schedule 4 (minor and consequential amendments)—
(a) omit paragraphs 21 and 22;
(b) omit paragraph 23(3);
(c) omit paragraph 24(3);
(d) omit paragraphs 25 to 30.
Modern Slavery Act 2015 (c. 30)
42 The Modern Slavery Act 2015 is amended as follows.
43 In section 10 (supplementary provision about slavery and trafficking reparation orders)—
(a) in subsection (6)—
(i) for “24” substitute “24A”;
(ii) after “the court” insert “provisionally discharges or (as the case may be)”;
(b) in subsection (8), in the words before paragraph (a), for “31” substitute “67E(1) or (2) or 67G(1)”;
(c) in subsection (9), in the words before paragraph (a), for “33” substitute “67E(6) or 67G(5)”.
44 In Schedule 5 (minor and consequential amendments), omit paragraphs 16 to 19.
Criminal Finances Act 2017 (c. 22)
45 In section 32 of the Criminal Finances Act 2017 (reconsideration of discharged orders), omit subsections (2) and (3).
Sentencing Act 2020 (c. 17)
46 The Sentencing Act 2020 is amended as follows.
47 In section 42 (court’s duty to order payment of surcharge), in subsection (2)(b), for the words from “15” to the end substitute “15A of the Proceeds of Crime Act 2002 (effect on duty in subsection (1) where court sentences before confiscation proceedings)”.
48 In section 46 (criminal courts charge duty), in subsection (1), omit the words from “But” to the end.
49 In section 125 (exercise of court’s powers to impose fine and fix amount), in subsection (6)(b), for the words from “15” to the end substitute “15A (where court sentences before confiscation proceedings)”.
50 In section 135 (making a compensation order), in subsection (6)(b), for the words from “15” to the end substitute “15A (where court sentences before confiscation proceedings)”.
51 In section 155 (exercise of power to make a deprivation order), in subsection (3)(b), for the words from “15” to the end substitute “15A (where court sentences before confiscation proceedings)”.
52 In section 161E(5) (making an income reduction order) (as inserted by section 3 of the Sentencing Act 2026), for paragraph (b) substitute—
(b) section 15A (where court sentences before confiscation proceedings).
53 (1) Schedule 22 (prospective amendments of the Sentencing Code and related legislation) is amended as follows.
(2) After Part 7 insert—
Part 7A Amendments of other Acts consequential on prospective abolition of detention in default of payment of fines etc
Proceeds of Crime Act 2002 (c. 29)
100A (1) The Proceeds of Crime Act 2002 is amended as follows.
(2) In section 35A (default term of imprisonment or detention)—
(a) in subsection (2), for paragraphs (a) and (b) substitute “of imprisonment”;
(b) in subsection (4), in the opening words, omit “, or detained,”;
(c) in the heading, omit “or detention”.
(3) In section 35J (enforcement by magistrates’ court), in subsection (4), omit the words from “, or detention” to “Act 2000,”.
(4) In section 35M (warrant of commitment issued by Crown Court), in subsection (3), omit the words from “, or detention” to “Act 2000,”.
(3) In Part 8 (amendments of other Acts consequential on prospective change to age limit for imprisonment) at the end insert—
Proceeds of Crime Act 2002 (c. 29)
103 In section 35A of the Proceeds of Crime Act 2002 (default term of imprisonment or detention), in subsection (4)(c), omit “, custody for life or detention in a young offender institution”.
54 In Schedule 24 (consequential amendments)—
(a) omit paragraphs 183 and 184;
(b) omit paragraph 185(3);
(c) omit paragraph 186(3);
(d) omit paragraphs 187 and 188;
(e) omit paragraphs 190 to 192.
Section 193
Part 1 Child cruelty offences
Offences against the Person Act 1861 (c.100)
1 An offence under section 27 of the Offences against the Person Act 1861 (abandoning or exposing a child), if the offender—
(a) was 18 or over, and
(b) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
Children and Young Persons Act 1933 (c.12)
2 An offence under section 1 of the Children and Young Persons Act 1933 (child cruelty) if the offender—
(a) was 18 or over, or
(b) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
Infanticide Act 1938 (c. 36)
3 An offence under section 1 of the Infanticide Act 1938 (infanticide).
Female Genital Mutilation Act 2003 (c. 31)
4 An offence under section 1 of the Female Genital Mutilation Act 2003 (female genital mutilation), if—
(a) the victim was under 18, and
(b) the offender—
(i) was 18 or over, or
(ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
5 An offence under section 2 of that Act (assisting a girl to mutilate her own genitalia), if—
(a) the victim was under 18, and
(b) the offender—
(i) was 18 or over, or
(ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
6 An offence under section 3 of that Act (assisting a non-UK person to mutilate overseas a girl’s genitalia), if—
(a) the victim was under 18, and
(b) the offender—
(i) was 18 or over, or
(ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
Domestic Violence, Crime and Victims Act 2004 (c. 28)
7 (1) An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 of causing or allowing a person’s death, if the victim was under 18.
(2) An offence under that section of causing or allowing a person to suffer serious physical harm, if—
(a) the victim was under 18, and
(b) the offender—
(i) was 18 or over, or
(ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
Part 2 Corresponding service offences
8 (1) An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence listed in Part 1 of this Schedule.
(2) Section 48 of that Act (attempts, conspiracy, encouragement and assistance and aiding and abetting outside England and Wales) applies for the purposes of this paragraph as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to this paragraph.
Schedule 25 Special police forces: barred persons lists and advisory lists
Section 212
Part 1 Barred persons lists
Duty to maintain barred persons lists
1 (1) Each relevant policing authority must maintain a barred persons list.
(2) In this Schedule “relevant policing authority” means—
(a) the British Transport Police Authority;
(b) the Civil Nuclear Police Authority;
(c) the Director General of the National Crime Agency;
(d) the Secretary of State.
(3) Each barred persons list must include such information in relation to a person included in the list as is specified in regulations made by the Secretary of State.
Inclusion of NCA officers and constables in barred persons lists
2 (1) The Director General of the National Crime Agency must include a person in the barred persons list maintained by them if—
(a) the person ceases to be an NCA officer by virtue of being dismissed at disciplinary proceedings, or
(b) the person is a former NCA officer and there is a finding in relation to the person in disciplinary proceedings that the person would have been dismissed if the person had still been an NCA officer.
(2) Each other relevant policing authority must include a person in the barred persons list maintained by them if—
(a) the person ceases to be a constable of the relevant police force by virtue of being dismissed at disciplinary proceedings, or
(b) the person is a former constable of the relevant police force and there is a finding in relation to the person in disciplinary proceedings that the person would have been dismissed if the person had still been a constable of the relevant police force.
(3) “Relevant police force” means—
(a) in relation to the British Transport Police Authority, the British Transport Police Force;
(b) in relation to the Civil Nuclear Police Authority, the Civil Nuclear Constabulary;
(c) in relation to the Secretary of State, the Ministry of Defence Police.
Inclusion of civilian employees in barred persons lists
3 (1) This paragraph applies to—
(a) the Civil Nuclear Police Authority;
(b) the British Transport Police Authority.
(2) Each relevant policing authority to which this paragraph applies must include a person in the barred persons list maintained by them if—
(a) the person ceases to be a civilian employee of the authority by virtue of being dismissed and the reason, or one of the reasons, for the dismissal relates to conduct, efficiency or effectiveness, or
(b) the person is a former civilian employee of the authority and there is a finding in relation to the person in disciplinary proceedings that, if the person had still been such an employee, the person would have been dismissed as mentioned in paragraph (a).
(3) In this Schedule “civilian employee”—
(a) in relation to the Civil Nuclear Police Authority, means an employee of the Authority who is not a constable;
(b) in relation to the British Transport Police Authority, means a person employed by the Authority under section 27 of the Railways and Transport Safety Act 2003 who is—
(i) under the direction and control of the Chief Constable of the British Transport Police Force, or
(ii) designated as a community support officer or policing support officer by virtue of section 28(1)(a) of that Act.
(4) For the purposes of this paragraph a person is dismissed if the circumstances in which the person ceases to be a civilian employee amount to dismissal within the meaning of Part 10 of the Employment Rights Act 1996 (see section 95 of that Act).
Removal of NCA officers and constables from barred persons lists
4 (1) This paragraph applies where—
(a) a person included in a barred persons list by virtue of paragraph 2(1)(a) is reinstated as an NCA officer,
(b) a person included in a barred persons list by virtue of paragraph 2(2)(a) is reinstated as a constable of the relevant police force, or
(c) in relation to a person included in a barred persons list by virtue of paragraph 2(1)(b) or (2)(b), the finding that the person would have been dismissed is set aside.
(2) The relevant policing authority must remove the person from the barred persons list.
Removal of civilian employees from barred persons lists
5 (1) This paragraph applies where—
(a) the dismissal of a person included in a barred persons list by virtue of paragraph 3(2)(a) is found to have been an unfair dismissal following a complaint under section 111 of the Employment Rights Act 1996 (whether by an employment tribunal or on appeal), or
(b) the finding that a person included in a barred persons list by virtue of paragraph 3(2)(b) would have been dismissed is set aside at proceedings that are identified as appeal proceedings by regulations made by the Secretary of State.
(2) The relevant policing authority must remove the person from the barred persons list maintained by the authority.
Removal from barred lists: further provision
6 The Secretary of State may by regulations make provision in connection with the removal of persons from barred persons lists otherwise than under paragraph 4 or 5.
Publication of information in barred persons lists
7 (1) This paragraph applies to—
(a) the British Transport Police Authority;
(b) the Civil Nuclear Police Authority;
(c) the Secretary of State.
(2) The Secretary of State may by regulations require a relevant policing authority to which this paragraph applies to publish information about persons included in the barred persons list maintained by the authority.
(3) The regulations may in particular make provision about—
(a) the persons included in the barred persons list about whom information is to be published;
(b) the information which is to be published;
(c) when the information is to be published;
(d) the period for which the information is to remain published;
(e) how the information is to be published.
Power to disclose information in barred persons list
8 A relevant policing authority may, if it considers it to be in the public interest to do so, disclose to any person information included in its barred persons list which relates to a particular person who is included in that list.
Part 2 Advisory lists
Duty to maintain advisory lists
9 (1) Each relevant policing authority must maintain an advisory list.
(2) An advisory list must include such information in relation to a person as is specified in regulations made by the Secretary of State.
Inclusion of persons in advisory lists
10 (1) The Director General of the National Crime Agency must include a person in the advisory list maintained by them if—
(a) the person ceases to be an NCA officer by resigning or retiring, and
(b) Condition 1 or Condition 2 is met in relation to the person.
(2) Each other relevant policing authority must include a person in the advisory list maintained by them if—
(a) the person ceases to be a constable of the relevant police force by resigning or retiring, and
(b) Condition 1 or Condition 2 is met in relation to the person.
(3) The Civil Nuclear Police Authority and the British Transport Police Authority must also include a person in the advisory list maintained by them if—
(a) the person ceases to be a civilian employee of the authority by resigning or retiring, and
(b) Condition 1 is met in relation to the person.
(4) Condition 1 is that the resignation or retirement took place—
(a) after a relevant allegation about the person came to the attention of the relevant policing authority, but
(b) before disciplinary proceedings in respect of the allegation were brought or, if brought, before they concluded.
(5) But Condition 1 is not met if, before the person resigned or retired, it was determined that no disciplinary proceedings would be brought against the person in respect of the allegation.
(6) Condition 2 is that a relevant allegation about the person came to the attention of the relevant policing authority after the person resigned or retired.
(7) For the purposes of this paragraph an allegation about a person is a relevant allegation if—
(a) it relates to the conduct, efficiency or effectiveness of the person, and
(b) the allegation (if proved) is of a type that might have resulted in the person being dismissed if the person had not resigned or retired.
Removal from advisory list
11 (1) A relevant policing authority must remove a person from the advisory list maintained by the authority if—
(a) it is determined that no disciplinary proceedings will be brought against the person,
(b) disciplinary proceedings brought against the person are withdrawn, or
(c) disciplinary proceedings brought against the person are concluded without there being a finding that the person would have been dismissed if the person had not resigned or retired.
(2) A relevant policing authority must remove a person from the advisory list maintained by the authority if the person is included in the barred persons list maintained by the authority.
(3) The Secretary of State may by regulations make provision in connection with removals from an advisory list otherwise than under sub-paragraph (1) or (2).
Power to disclose information in advisory list
12 A relevant policing authority may, if it considers it to be in the public interest to do so, disclose to any person information included in the advisory list maintained by the authority which relates to a particular person who is included in that advisory list.
Part 3 Supplementary provision
Meaning of “disciplinary proceedings”
13 In this Schedule “disciplinary proceedings”—
(a) in relation to an officer or former officer of the National Crime Agency, means any proceedings or process relating to the person’s conduct and any action to be taken as a result of that conduct;
(b) in relation to a constable or former constable of the British Transport Police Force, means proceedings under regulations made under section 36, 37, 40 or 42 of the Railways and Transport Safety Act 2003 which apply, or deal with matters that could be dealt with by, regulations under section 50(3) or (3A) or section 51(2A) or (2B) of the Police Act 1996;
(c) in relation to a constable or former constable of the Civil Nuclear Constabulary, means proceedings under provision relating to matters which are the subject of regulations under section 50(3) or (3A) of the Police Act 1996;
(d) in relation to a constable or former constable of the Ministry of Defence Police, means proceedings under regulations made under section 3A(1A) or (1B) of the Ministry of Defence Police Act 1987;
(e) in relation to a civilian employee of the British Transport Police Authority or the Civil Nuclear Police Authority, has the meaning given by regulations made by the Secretary of State.
Interpretation: general
14 In this Schedule—
“advisory list” means a list maintained by a relevant policing authority under paragraph 9(1);
“barred persons list” means a list maintained by a relevant policing authority under paragraph 1(1);
“civilian employee” has the meaning given by paragraph 3(3);
“NCA officer” has the meaning given in section 16(1) of the Crime and Courts Act 2013;
“relevant police force” has the meaning given by paragraph 2(3);
“relevant policing authority” has the meaning given by paragraph 1(2).
Regulations
15 (1) The Secretary of State must consult the Scottish Ministers before making regulations under this Schedule containing provision which would be within the legislative competence of the Scottish Parliament, if contained in an Act of that Parliament.
(2) The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under this Schedule containing provision which—
(a) would be within the legislative competence of the Northern Ireland Assembly, if it were contained in an Act of that Assembly, and
(b) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
Schedule 27 Sentences for offence of breaching foreign travel restriction order
Section 235
Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)
1 In Schedule 1A to the Prisoners and Criminal Proceedings (Scotland) Act 1993 (offences with restricted eligibility for release on licence), in paragraph 8 for the words from “section 54” to the end substitute
any of the following provisions of the Counter-Terrorism Act 2008—
(a) section 54 (breach of police notification requirements etc);
(b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order).
Criminal Procedure (Scotland) Act 1995 (c. 46)
2 (1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.
(2) In section 205ZC (terrorism sentence with fixed licence period), after subsection (8) insert—
(9) In the case of an offence specified in paragraph 4(b) of Schedule 5ZB (breach of foreign travel restriction order), this section applies in relation to convictions on or after the day on which paragraph 2 of Schedule 27 to the Crime and Policing Act 2026 comes into force.
(3) In paragraph 4 of Schedule 5ZB (list of terrorism offences) for the words from “section 54” to the end substitute
any of the following provisions of the Counter-Terrorism Act 2008—
(a) section 54 (breach of police notification requirements etc);
(b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order).
Criminal Justice Act 2003 (c.44)
3 (1) The Criminal Justice Act 2003 is amended as follows.
(2) In section 247A (restricted eligibility for release on licence) after subsection (10A) insert—
(10B) In the case of a prisoner to whom this section applies as a result of the amendments made by paragraph 3 of Schedule 27 to the Crime and Policing Act 2026, the references in subsections (9) and (10) to the date on which this section comes into force are to be read as references to the date on which that paragraph comes into force.
(3) In paragraph 8 of Schedule 19ZA (offences to which section 247A applies) for the words from “section 54” to the end substitute
any of the following provisions of the Counter-Terrorism Act 2008—
(a) section 54 (breach of police notification requirements etc);
(b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order).
Counter-Terrorism Act 2008 (c. 28)
4 In Schedule 1A to the Counter-Terrorism Act 2008 (offences where terrorism connection not required to be considered), in paragraph 4—
(a) the existing text becomes sub-paragraph (1);
(b) after that sub-paragraph insert—
(2) An offence under paragraph 15 of Schedule 5 to that Act (breach of foreign travel restriction order) of which a person is convicted on or after the day on which paragraph 4 of Schedule 27 to the Crime and Policing Act 2026 comes into force.
Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))
5 (1) The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) is amended as follows.
(2) In Article 15A (terrorism sentence with fixed licence period) after paragraph (10) insert—
(11) In the case of an offence listed in paragraph 32(b) of Schedule 2A, this Article applies in relation to convictions on or after the day on which paragraph 5 of Schedule 27 to the Crime and Policing Act 2026 comes into force.
(3) In Article 20A (restricted eligibility for release on licence of terrorist prisoners) after paragraph (10) insert—
(11) In the case of a prisoner to whom this Article applies as a result of the amendments made by paragraph 5 of Schedule 27 to the Crime and Policing Act 2026, the reference in paragraph (10) to the commencement date is to be read as a reference to the date on which that paragraph comes into force.
(4) In paragraph 32 of Schedule 2A (terrorism offences specified for purposes of Articles 15A and 20A) for the words from “section 54” to the end substitute
any of the following provisions of the Counter-Terrorism Act 2008—
(a) section 54 (breach of police notification requirements etc);
(b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order).
Sentencing Code
6 (1) The Sentencing Code is amended as follows.
(2) In section 252A (special sentence for offenders of particular concern) after subsection (6) insert—
(7) In the case of an offence listed in paragraph 4(b) of Schedule 13, this section applies in relation to convictions on or after the day on which paragraph 6 of Schedule 27 to the Crime and Policing Act 2026 comes into force.
(3) In section 265 (special sentence for offenders of particular concern) after subsection (4) insert—
(5) In the case of an offence listed in paragraph 4(b) of Schedule 13, this section applies in relation to convictions on or after the day on which paragraph 6 of Schedule 27 to the Crime and Policing Act 2026 comes into force.
(4) In section 278 (special sentence for offenders of particular concern) after subsection (4) insert—
(5) In the case of an offence listed in paragraph 4(b) of Schedule 13, this section applies in relation to convictions on or after the day on which paragraph 6 of Schedule 27 to the Crime and Policing Act 2026 comes into force.
(5) In paragraph 4 of Schedule A1 (terrorist connection aggravating factor - offences where terrorism connection not required to be considered)—
(a) the existing text becomes sub-paragraph (1);
(b) after that sub-paragraph insert—
(2) An offence under paragraph 15 of Schedule 5 to that Act (breach of foreign travel restriction order) of which a person is convicted on or after the day on which paragraph 6 of Schedule 27 to the Crime and Policing Act 2026 comes into force.
(6) In paragraph 4 of Schedule 13 (offences attracting special sentence for offenders of particular concern), for the words from “section 54” to the end substitute
any of the following provisions of the Counter-Terrorism Act 2008—
(a) section 54 (breach of police notification requirements etc);
(b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order).