56 Payments to personal representatives of qualifying infected persons
(1) The Secretary of State or the Minister for the Cabinet Office must make arrangements for the personal representatives of a qualifying infected person (in their capacity as such) to receive a payment of £100,000.
(2) A “qualifying infected person” is a deceased person—
(a) who was registered as an infected person under an infected blood support scheme, or with a relevant organisation, before 17 April 2024, or
(b) whose death was registered as the death of an infected person under an infected blood support scheme, or with a relevant organisation, before 17 April 2024,
and to or in respect of whom no payment has been made under the Infected Blood Interim Compensation Payment Scheme.
(3) An “infected blood support scheme” means—
(a) the England Infected Blood Support Scheme established under section 2 of, and paragraph 7C of Schedule 1 to, the National Health Service Act 2006,
(b) the Wales Infected Blood Support Scheme established under sections 1 to 3 of the National Health Service (Wales) Act 2006,
(c) the Scottish Infected Blood Support Scheme established partly under section 28 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), and
(d) the Infected Blood Payment Scheme for Northern Ireland established under section 3 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.)).
(4) A “relevant organisation” means—
(a) the Caxton Foundation (charity number 1142529),
(b) the Eileen Trust (charity number 1028027),
(c) the Macfarlane Trust (charity number 298863),
(d) the Macfarlane (Special Payments) Trust established on 29 January 1990,
(e) the Macfarlane (Special Payments) (No. 2) Trust established on 3 May 1991,
(f) MFET Limited (company number 07121661), and
(g) the Skipton Fund Limited (company number 5084964).
(5) A payment is made in respect of a deceased person under the Infected Blood Interim Compensation Payment Scheme if a payment under that scheme is made to the person’s personal representatives (in their capacity as such) or the person’s bereaved partner.
(6) The Infected Blood Interim Compensation Payment Scheme means the scheme of that name administered by the persons who administer the infected blood support schemes (whether or not in conjunction with other persons).
(7) The arrangements under subsection (1)—
(a) must include provision about the procedure for making payments to the personal representatives of qualifying infected persons;
(b) may include arrangements for one or more other persons (which may in particular include relevant persons) to administer the making of payments, in accordance with that procedure, on behalf of the Secretary of State or the Minister for the Cabinet Office.
(8) The arrangements under subsection (1) may be made, in whole or in part, by exercising powers conferred on the Secretary of State or the Minister for the Cabinet Office apart from this section.
(9) In this section—
“personal representatives”, in relation to a deceased person, means the persons responsible for administering the deceased person’s estate;
“relevant person” has the same meaning as in section 54.
(10) The Secretary of State or the Minister for the Cabinet Office may by regulations repeal or amend subsections (1) to (9).
57 Information: payments to personal representatives
(1) A person may provide information to—
(a) the Secretary of State or the Minister for the Cabinet Office, or
(b) a person administering the making of payments under section 56 by virtue of section 56(7)(b),
for the purposes of any matter connected with the making of payments to personal representatives under that section.
(2) The information referred to in subsection (1) may comprise or include personal data.
(3) Subsection (1) does not limit the circumstances in which information may be disclosed apart from that subsection.
(4) Except as provided by subsection (5), a disclosure of information authorised by this section does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
(5) Subsection (1) does not authorise the processing of information if the processing would contravene the data protection legislation (but in determining whether it would do so, take into account the power conferred by that subsection).
(6) In this section “personal data”, “processing” and “the data protection legislation” have the meanings given by section 3 of the Data Protection Act 2018.
(1) Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (life sentences) is amended as follows.
(2) After section 28 insert—
Public protection decisions
28ZA (1) This section applies for the purposes of any public protection decision made by a decision-maker about a life prisoner under a relevant provision of this Chapter.
(2) A “public protection decision”, in relation to a prisoner, is a decision as to whether the decision-maker is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.
(3) The decision-maker must not be so satisfied unless the decision-maker considers that there is no more than a minimal risk that, were the prisoner no longer confined, the prisoner would commit a further offence the commission of which would cause serious harm.
(4) In making that assessment, the decision-maker must consider the risk that the prisoner would engage in conduct which would (or, if carried out in any particular part of the United Kingdom, would) constitute an offence specified in Schedule 18B to the Criminal Justice Act 2003.
(5) When making a public protection decision about a prisoner, the following matters must be taken into account by the decision-maker—
(a) the nature and seriousness of the offence in respect of which the relevant sentence was imposed;
(b) the nature and seriousness of any other offence for which the prisoner has at any time been convicted;
(c) the conduct of the prisoner while serving the relevant sentence (whether in prison or on licence);
(d) the risk that the prisoner would commit a further offence (whether or not specified in Schedule 18B to the Criminal Justice Act 2003) if no longer confined;
(e) the risk that, if released on licence, the prisoner would fail to comply with one or more licence conditions;
(f) any evidence of the effectiveness in reducing the risk the prisoner poses to the public of any treatment, education or training the prisoner has received or participated in while serving the relevant sentence;
(g) any submissions made by or on behalf of the prisoner or the Secretary of State (whether or not on a matter mentioned in paragraphs (a) to (f)).
(6) When making a public protection decision about a prisoner, the decision-maker must in particular have regard to the protection of any victim of the prisoner.
(7) For the purposes of subsection (6), a “victim” of a prisoner is a person who meets the definition of victim in section 1 of the Victims and Prisoners Act 2024 by reference to the conduct which constituted the offence for which the relevant sentence was imposed.
(8) In subsections (5) and (7), “relevant sentence” means the sentence in respect of which the public protection decision is made.
(9) This section does not limit the matters which the decision-maker must or may take into account when making a public protection decision.
(10) The “relevant provisions” of this Chapter under which a public protection decision may be made, and the purposes for which the decision is made, are—
(a) section 28(6)(b), for the purposes of section 28(5);
(b) section 32(5A), for the purposes of section 32(5);
(c) subsection (1) of section 32ZAC, for the purposes of that subsection.
(11) The “decision-maker”, in relation to a public protection decision made under a relevant provision of this Chapter, is—
(a) if the decision is made under section 28(6)(b) or 32(5A), the Parole Board;
(b) if the decision is made under section 32ZAC(1), the High Court.
(12) Subsection (2) has effect in relation to a decision made by the Parole Board under section 32(5A) (recall of life prisoners while on licence) as if for the words “be confined” there were substituted “remain in prison”.
(3) In section 28A (murder or manslaughter: prisoner’s non-disclosure of information)—
(a) in subsection (1), in the words before paragraph (a), after “life prisoner” insert “under section 28(6)(b), for the purposes of section 28(5),”;
(b) in subsection (5), for the definition of “public protection decision” substitute—
“public protection decision” has the meaning given by section 28ZA(2);
.
(4) In section 28B (indecent images: prisoner’s non-disclosure of information)—
(a) in subsection (1), in the words before paragraph (a), after “life prisoner” insert “under section 28(6)(b), for the purposes of section 28(5),”;
(b) in subsection (7), for the definition of “public protection decision” substitute—
“public protection decision”, in relation to a prisoner, has the meaning given by section 28ZA(2);
.
(5) In section 32ZZA (imprisonment or detention for public protection: powers in relation to release of recalled prisoners) (inserted by section 66 of this Act), after subsection (3) insert—
(3A) The Secretary of State must not be satisfied as mentioned in subsection (3) unless the Secretary of State considers that there is no more than a minimal risk that, were the prisoner no longer confined, the prisoner would commit a further offence the commission of which would cause serious harm (and section 28ZA(4) applies for the purposes of that assessment).
59 Public protection decisions: fixed-term prisoners
(1) The Criminal Justice Act 2003 is amended as follows.
(2) After section 237 insert—
Public protection decisions
237A (1) This section applies for the purposes of any public protection decision made by a decision-maker about a prisoner under a relevant provision of this Chapter.
(2) A “public protection decision”, in relation to a prisoner, is a decision as to whether the decision-maker is satisfied that it is not necessary, or no longer necessary, for the protection of the public that the prisoner should be confined.
(3) The decision-maker must not be so satisfied unless the decision-maker considers that there is no more than a minimal risk that, were the prisoner no longer confined, the prisoner would commit a further offence the commission of which would cause serious harm.
(4) In making that assessment, the decision-maker must consider the risk that the prisoner would engage in conduct which would (or, if carried out in any particular part of the United Kingdom, would) constitute an offence specified in Schedule 18B.
(5) When making a public protection decision about a prisoner, the following matters must be taken into account by the decision-maker—
(a) the nature and seriousness of the offence in respect of which the relevant sentence was imposed;
(b) the nature and seriousness of any other offence for which the prisoner has at any time been convicted;
(c) the conduct of the prisoner while serving the relevant sentence (whether in prison or on licence);
(d) the risk that the prisoner would commit a further offence (whether or not specified in Schedule 18B) if no longer confined;
(e) the risk that, if released on licence, the prisoner would fail to comply with one or more licence conditions;
(f) any evidence of the effectiveness in reducing the risk the prisoner poses to the public of any treatment, education or training the prisoner has received or participated in while serving the relevant sentence;
(g) any submissions made by or on behalf of the prisoner or the Secretary of State (whether or not on a matter mentioned in paragraphs (a) to (f)).
(6) When making a public protection decision about a prisoner, the decision-maker must in particular have regard to the protection of any victim of the prisoner.
(7) For the purposes of subsection (6), a “victim” of a prisoner is a person who meets the definition of victim in section 1 of the Victims and Prisoners Act 2024 by reference to the conduct which constituted the offence for which the relevant sentence was imposed.
(8) In subsections (5) and (7), “relevant sentence” means the sentence in respect of which the public protection decision is made.
(9) This section does not limit the matters which the decision-maker must or may take into account when making a public protection decision.
(10) Section 237B lists the “relevant provisions” of this Chapter under which a public protection decision may be made, and the purposes for which the decision is made.
(11) The “decision-maker”, in relation to a public protection decision made under a relevant provision of this Chapter, is—
(a) if the decision is made under section 256AZBC(1), the High Court;
(b) in any other case, the Board.
(12) Subsection (2) has effect in relation to a decision made by the Board—
(a) under section 255B(4A) (automatic release) as if for the words “be confined” there were substituted “remain in prison until the end of the period mentioned in section 255B(1)(b)”;
(b) under section 255C(4A) (prisoners not suitable for automatic release) or 256A(4) (further review) as if for the words “be confined” there were substituted “remain in prison”.
(13) The Secretary of State may by order amend Schedule 18B so as to—
(a) specify a further offence, or
(b) omit an offence for the time being specified.
Relevant provisions of this Chapter and corresponding purposes
237B In the following table—
(a) the first column lists each provision of this Chapter which is a “relevant provision” under which a public protection decision may be made;
(b) the second column lists, in relation to each relevant provision, the purposes for which the decision is made.
Relevant provision | Purposes
section 244ZC(4) | section 244ZC(3)
section 244ZC(5)(b) | section 244ZC(3)
section 244A(4)(b) | section 244A(3)
section 246A(6)(b) | section 246A(5)
section 247A(5)(b) | section 247A(4)
section 255B(4A) | section 255B(4A)
section 255C(4A) | section 255C(4A)
section 256A(4) | section 256A(4)
section 256AZBC(1) | section 256AZBC(1)
paragraph 6(2) of Schedule 20B | paragraph 6(1) of Schedule 20B
paragraph 15(4) of Schedule 20B | paragraph 15(3) of Schedule 20B
paragraph 25(3) of Schedule 20B | paragraph 25(2) of Schedule 20B
paragraph 28(3) of Schedule 20B | paragraph 28(2) of Schedule 20B
.
(3) In section 246B (manslaughter: prisoner’s non-disclosure of information)—
(a) in subsection (1), in the words before paragraph (a), after “a prisoner” insert “under section 246A(6)(b), for the purposes of section 246A(5),”;
(b) in subsection (5), for the definition of “public protection decision” substitute—
“public protection decision” has the meaning given by section 237A(2);
.
(4) In section 246C (indecent images: prisoner’s non-disclosure of information)—
(a) in subsection (1), in the words before paragraph (a), after “a prisoner” insert “under section 246A(6)(b), for the purposes of section 246A(5),”;
(b) in subsection (6), for the definition of “public protection decision” substitute—
“public protection decision”, in relation to a prisoner, has the meaning given by section 237A(2);
.
(5) In section 255B (automatic release), after subsection (3) insert—
(3A) The Secretary of State must not be satisfied as mentioned in subsection (3) unless the Secretary of State considers that there is no more than a minimal risk that, if P were released before the end of the period mentioned in subsection (1)(b), P would commit a further offence the commission of which would cause serious harm (and section 237A(4) applies for the purposes of that assessment).
(6) In section 255C (prisoners not suitable for automatic release), after subsection (3) insert—
(3A) The Secretary of State must not be satisfied as mentioned in subsection (3) unless the Secretary of State considers that there is no more than a minimal risk that, if P were released, P would commit a further offence the commission of which would cause serious harm (and section 237A(4) applies for the purposes of that assessment).
(7) In section 256AZB (power to change test for release following recall), after subsection (2) insert—
(3) Provision made in an order under subsection (1)(c) by virtue of section 330(4) (consequential etc provision) may in particular amend, or modify the application of, section 256AZBC(1) (powers of High Court on referral of release decisions).
(8) In section 330 (orders and rules), in subsection (5)(a), before “section 246(5)” insert—
section 237A(13),
.
(9) Schedule 18B (offences relevant to public protection decisions) is inserted by Schedule 2 to this Act.
(10) Schedule 20B (modifications of Chapter 6 of Part 12 in certain transitional cases) is amended in accordance with subsections (11) and (12).
(11) In paragraph 38 (manslaughter: prisoner’s non disclosure of information)—
(a) in sub-paragraph (1), in the words before paragraph (a), after “making a” insert “relevant”;
(b) in sub-paragraph (2), in the words before paragraph (a), after “making the” insert “relevant”;
(c) in sub-paragraph (3), after “making a” insert “relevant”;
(d) in sub-paragraph (4), for the definition of “public protection decision” substitute—
“public protection decision” has the meaning given by section 237A(2);
“relevant public protection decision” means the public protection decision made—
under paragraph 6(2) for the purposes of paragraph 6(1),
under paragraph 15(4) for the purposes of paragraph 15(3),
under paragraph 25(3) for the purposes of paragraph 25(2), or
under paragraph 28(3) for the purposes of paragraph 28(2);
.
(12) In paragraph 39 (indecent images: prisoner’s non disclosure of information)—
(a) in sub-paragraph (1), in the words before paragraph (a), after “making a” insert “relevant”;
(b) in sub-paragraph (2), in the words before paragraph (a), after “making the” insert “relevant”;
(c) in sub-paragraph (3), after “making a” insert “relevant”;
(d) in sub-paragraph (5)—
(i) for the definition of “public protection decision” substitute—
“public protection decision”, in relation to a prisoner, has the meaning given by section 237A(2);
;
(ii) after the definition of “relevant indecent image” insert—
“relevant public protection decision”, in relation to a prisoner, means the public protection decision made—
under paragraph 6(2) for the purposes of paragraph 6(1),
under paragraph 15(4) for the purposes of paragraph 15(3),
under paragraph 25(3) for the purposes of paragraph 25(2), or
under paragraph 28(3) for the purposes of paragraph 28(2).
60 Amendment of power to change test for release on licence of certain prisoners
(1) Section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (power to change test for release on licence of certain prisoners) is amended as follows.
(2) In subsection (3)—
(a) after paragraph (a) insert—
(aza) amend section 28ZA of the Crime (Sentences) Act 1997 (public protection decisions), as that section applies for the purposes of section 28 or 32 of that Act,
;
(b) after paragraph (aa) insert—
(aaza) amend section 237A of the Criminal Justice Act 2003 (public protection decisions), as that section applies for the purposes of a provision of that Act mentioned in any of paragraphs (aaa) to (c) below,
.
(3) After subsection (3) insert—
(3A) Provision made in an order under this section by virtue of subsection (3)(f) may in particular amend, or modify the application of, the following provisions—
(a) section 32ZAC(1) of the Crime (Sentences) Act 1997 (powers of High Court on referral of release decisions);
(b) section 256AZBC(1) of the Criminal Justice Act 2003 (powers of High Court on referral of release decisions).
(1) After section 32ZA of the Crime (Sentences) Act 1997 insert—
Referral of release decisions to High Court
Referral of release decisions to High Court
32ZAA (1) This section applies where—
(a) a prisoner is serving a life sentence imposed in respect of an offence specified or described in section 32ZAB, and
(b) the Parole Board directs the prisoner’s release under section 28(5) or 32(5).
(2) The Secretary of State may direct the Parole Board to refer the prisoner’s case to the High Court if the Secretary of State considers that—
(a) the release of the prisoner would be likely to undermine public confidence in the parole system, and
(b) if the case were referred, the High Court might not be satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined (see section 32ZAC(1)).
(3) The requirement for the Secretary of State to give effect to the Parole Board’s direction to release the prisoner is suspended—
(a) during such period, beginning with the day on which the direction is given, as the Secretary of State reasonably requires to determine whether to direct the Parole Board to refer the prisoner’s case to the High Court under this section, and
(b) if the Secretary of State gives such a direction, pending determination of the reference under section 32ZAC(1).
(4) Where the Secretary of State gives a direction under subsection (2), the Secretary of State must notify the prisoner of the direction and the reasons for giving it.
(5) This section applies in relation to a prisoner whose sentence was imposed before, as well as after, this section comes into force.
(6) But nothing in this section affects the duty of the Secretary of State to release a prisoner whose release has been directed by the Parole Board before this section comes into force.
Specified offences
32ZAB (1) The offences specified or described in this section (for the purposes of section 32ZAA) are—
(a) murder;
(b) an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004, where a child has died as a result of the prisoner’s unlawful act;
(c) an offence specified in any of paragraphs 41 to 43 of Schedule 18 to the Sentencing Code (specified terrorism offences other than inchoate offences);
(d) an offence that is not an inchoate offence and was determined to have a terrorist connection, within the meaning given by section 247A(7A) of the Criminal Justice Act 2003;
(e) an offence under section 1 of the Sexual Offences Act 2003 (rape);
(f) an offence under section 5 of that Act (rape of a child under 13);
(g) an offence under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9) (rape);
(h) an offence under section 18 of that Act (rape of a young child);
(i) an offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) (rape);
(j) an offence under Article 12 of that Order (rape of a child under 13);
(k) an offence that—
(i) is abolished, and
(ii) would have constituted an offence referred to in paragraphs (a) to (j) if committed on or after the date on which it was abolished.
(2) A sentence in respect of a service offence is to be treated for the purposes of section 32ZAA as if it were a sentence in respect of the corresponding offence.
(3) In subsection (2)—
(a) “service offence” means an offence under—
(i) section 42 of the Armed Forces Act 2006,
(ii) section 70 of the Army Act 1955 or the Air Force Act 1955, or
(iii) section 42 of the Naval Discipline Act 1957;
(b) “corresponding offence” means—
(i) in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section;
(ii) in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act;
(iii) in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section.
Powers of the High Court
32ZAC (1) On a referral of a prisoner’s case under section 32ZAA, the High Court—
(a) must, if satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined, make an order requiring the Secretary of State to give effect to the Parole Board’s direction to release the prisoner on licence;
(b) otherwise, must make an order quashing the Parole Board’s direction to release the prisoner on licence.
(2) An order under subsection (1)(a) may include directions as to the conditions to be included in the prisoner’s licence on release.
(3) An order under subsection (1)(b) has effect as if the prisoner’s case were disposed of by the Parole Board on the date on which the order was made.
(2) In section 32ZB of the Crime (Sentences) Act 1997 (release at direction of Parole Board: timing)—
(a) in subsection (1), at the end insert “(including where the High Court makes an order under section 32ZAC(1)(a) requiring the Secretary of State to give effect to such a direction)”;
(b) in subsection (3), after “subject to” insert “—
(a) section 32ZAA(3) (suspension of duty to release prisoner pending referral to High Court or decision whether to refer), and
(b)
.
62 Referral of release decisions: fixed-term prisoners
(1) After section 256AZB of the Criminal Justice Act 2003 insert—
Referral of release decisions to High Court
Referral of release decisions to High Court
256AZBA (1) This section applies where—
(a) a prisoner is serving a fixed-term sentence imposed in respect of an offence specified or described in section 256AZBB, and
(b) the Board directs the prisoner’s release under a provision mentioned in the second column of the table in section 237B.
(2) The Secretary of State may direct the Board to refer the prisoner’s case to the High Court if the Secretary of State considers that—
(a) the release of the prisoner would be likely to undermine public confidence in the parole system, and
(b) if the case were referred, the High Court might not be satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined (see section 256AZBC(1)).
(3) The requirement for the Secretary of State to give effect to the Board’s direction to release the prisoner is suspended—
(a) during such period, beginning with the day on which the direction is given, as the Secretary of State reasonably requires to determine whether to direct the Board to refer the prisoner’s case to the High Court under this section, and
(b) if the Secretary of State gives such a direction, pending determination of the reference under section 256AZBC(1).
(4) Where the Secretary of State gives a direction under subsection (2), the Secretary of State must notify the prisoner of the direction and the reasons for giving it.
(5) This section applies in relation to a prisoner whose sentence was imposed before, as well as after, this section comes into force.
(6) But nothing in this section affects the duty of the Secretary of State to release a prisoner whose release has been directed by the Board before this section comes into force.
Specified offences
256AZBB (1) The offences specified or described in this section (for the purposes of section 256AZBA) are—
(a) an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004, where a child has died as a result of the prisoner’s unlawful act;
(b) an offence specified in any of paragraphs 41 to 43 of Schedule 18 to the Sentencing Code (specified terrorism offences other than inchoate offences);
(c) an offence that is not an inchoate offence and was determined to have a terrorist connection, within the meaning given by section 247A(7A);
(d) an offence under section 1 of the Sexual Offences Act 2003 (rape);
(e) an offence under section 5 of that Act (rape of a child under 13);
(f) an offence under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9) (rape);
(g) an offence under section 18 of that Act (rape of a young child);
(h) an offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) (rape);
(i) an offence under Article 12 of that Order (rape of a child under 13);
(j) an offence that—
(i) is abolished, and
(ii) would have constituted an offence referred to in paragraphs (a) to (i) if committed on or after the date on which it was abolished.
(2) A sentence in respect of a service offence is to be treated for the purposes of section 256AZBA as if it were a sentence in respect of the corresponding offence.
(3) In subsection (2)—
(a) “service offence” means an offence under—
(i) section 42 of the Armed Forces Act 2006,
(ii) section 70 of the Army Act 1955 or the Air Force Act 1955, or
(iii) section 42 of the Naval Discipline Act 1957;
(b) “corresponding offence” means—
(i) in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section;
(ii) in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act;
(iii) in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section.
Powers of the High Court
256AZBC (1) On a referral of a prisoner’s case under section 256AZBA, the High Court—
(a) must, if satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined, make an order requiring the Secretary of State to give effect to the Board’s direction to release the prisoner on licence;
(b) otherwise, must make an order quashing the direction.
(2) An order under subsection (1)(a) may include directions as to the conditions to be included in the prisoner’s licence on release.
(3) An order under subsection (1)(b) has effect as if the prisoner’s case were disposed of by the Board on the date on which the order was made.
(4) If the decision referred to the High Court is a decision under section 255B(4A) (automatic release), subsection (1)(a) has effect as if for the words “be confined” there were substituted “remain in prison until the end of the period mentioned in section 255B(1)(b)”.
(2) In section 256AZC of the Criminal Justice Act 2003 (release at direction of Parole Board: timing)—
(a) in subsection (1), at the end insert “(including where the High Court makes an order under section 256AZBC(1)(a) requiring the Secretary of State to give effect to such a direction)”;
(b) in subsection (3), after “subject to” insert
—
(a) section 256AZBA(3) (suspension of duty to release prisoner pending referral to High Court or decision whether to refer), and
(b)
.
63 Licence conditions of life prisoners released following referral
(1) Section 31 of the Crime (Sentences) Act 1997 (duration and conditions of licences) is amended as follows.
(2) In subsection (3), before paragraph (b) (and the “or” before it) insert—
(ab) in accordance with subsection (3B),
.
(3) Before subsection (4) insert—
(3B) Where the High Court gives a direction under section 32ZAC(2) as to the conditions to be included in a life prisoner’s licence on release, the Secretary of State—
(a) must include the conditions in the prisoner’s licence on release;
(b) may subsequently insert a condition in such a licence or vary or cancel a condition of such a licence.
64 Licence conditions of fixed-term prisoners released following referral
(1) Section 250 of the Criminal Justice Act 2003 (licence conditions) is amended as follows.
(2) In subsection (5A), at the beginning insert “Subject to subsection (5D),”.
(3) After subsection (5C) insert—
(5D) Where the High Court gives a direction under section 256AZBC(2) as to the conditions to be included in a prisoner’s licence on release, the Secretary of State—
(a) must include the conditions in the prisoner’s licence on release;
(b) may subsequently insert a condition in such a licence or vary or cancel a condition of such a licence.
65 Assessing etc risks posed by controlling or coercive offenders
In section 327 of the Criminal Justice Act 2003 (section 325: interpretation), in subsection (4A), after paragraph (c) insert—
(ca) an offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship);
.
66 Imprisonment or detention for public protection
(1) Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (life sentences) is amended as follows.
(2) In section 31 (duration and conditions of licences)—
(a) in subsection (3), after paragraph (a) (but before the “or”) insert—
(aa) in accordance with subsection (3A),
;
(b) after subsection (3) insert—
(3A) The Secretary of State may include a condition in a life prisoner's licence on release under section 32ZZA.
(3) In section 31A (imprisonment or detention for public protection: termination of licences)—
(a) in subsection (2), in the words after paragraph (b), for “shall” substitute “must”;
(b) in subsection (3)—
(i) at the end of paragraph (a) insert “and”;
(ii) omit paragraph (c) and the “and” before it;
(c) for subsection (4) substitute—
(4) Where a reference is made under subsection (3) above—
(a) the Parole Board must direct the Secretary of State to make an order that the licence is to cease to have effect, unless paragraph (b) applies;
(b) if the Parole Board is satisfied that it is necessary for the protection of the public that the licence should remain in force, it must dismiss the reference.
;
(d) omit subsections (4A) to (4C) and insert—
(4D) The reference under subsection (3) must not be made, and a reference under that subsection must not be determined by the Parole Board under subsection (4), if at the time the reference or determination would otherwise be made the prisoner is in prison having been recalled under section 32.
(4E) Subsection (4F) applies where—
(a) but for subsection (4D), a reference of the prisoner’s case would have been made under subsection (3) or determined by the Parole Board under subsection (4),
(b) the Secretary of State has referred the prisoner’s case to the Parole Board under section 28 or 32, and
(c) the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.
(4F) Where this subsection applies—
(a) the Parole Board must direct the Secretary of State to release the prisoner unconditionally, unless paragraph (b) applies;
(b) if the Parole Board is satisfied that it is necessary for the protection of the public for the prisoner, when released, to be released on licence in respect of the preventive sentence or sentences, it must not give a direction under paragraph (a).
(4G) Where the Parole Board gives a direction under subsection (4F)(a)—
(a) section 28(5) has effect in relation to the prisoner as if for “release him on licence” there were substituted “release the prisoner unconditionally”;
(b) section 32(5) has effect in relation to the prisoner as if for “give effect to the direction” there were substituted “release the prisoner unconditionally”.
(4H) Where—
(a) the prisoner has been released on licence under this Chapter (whether or not the prisoner has subsequently been recalled to prison under section 32),
(b) the qualifying period has expired, and
(c) the prisoner’s licence has remained in force for a continuous period of two years—
(i) beginning not before the qualifying period expired, and
(ii) ending after the coming into force of section 66(3)(d) of the Victims and Prisoners Act 2024,
the Secretary of State must order that the licence is to cease to have effect.
;
(e) in subsection (5)—
(i) for the definition of “preventive sentence” substitute—
“preventive sentence” means—
a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (including one passed as a result of section 219 of the Armed Forces Act 2006), or
a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 (including one passed as a result of section 221 of the Armed Forces Act 2006);
;
(ii) in the definition of “the qualifying period”, for the words from “the period” to the end of the definition substitute
—
if the prisoner was not at any time in the period of two years beginning with the date of the prisoner’s release serving any preventive sentence in respect of an offence for which the prisoner was convicted when aged 18 or over, that two year period;
otherwise, the period of three years beginning with the date of the prisoner’s release.
;
(f) after subsection (5) insert—
(6) The Secretary of State may by regulations made by statutory instrument amend subsection (5) to change the length of the qualifying period for the time being specified in paragraph (a) or (b) of the definition of “the qualifying period”.
(7) A statutory instrument containing regulations under subsection (6) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(4) In section 32 (recall of life prisoners while on licence)—
(a) after subsection (1) insert—
(1A) Subsection (1) does not apply in relation to a prisoner in respect of whom the Secretary of State is required to make an order under section 31A(2) or (4H) that the licence is to cease to have effect.
;
(b) after subsection (5A) insert—
(5B) Subsection (5C) applies where the Secretary of State releases, under subsection (5) above, a prisoner to whom section 31A (termination of licences of preventive sentence prisoners) applies.
(5C) The Secretary of State may determine that, for the purposes of paragraph (c) of section 31A(4H) (automatic licence termination), the prisoner’s licence is to be treated as having remained in force as if it had not been revoked under this section.
(5D) The Secretary of State may only make a determination under subsection (5C) if the Secretary of State considers that it is in the interests of justice to do so.
(5E) Where the Secretary of State makes a determination under subsection (5C), the Secretary of State must notify the prisoner.
(5) After section 32 insert—
Imprisonment or detention for public protection: powers in relation to release of recalled prisoners
32ZZA (1) This section applies where a prisoner to whom section 31A (termination of licences of preventive sentence prisoners) applies—
(a) has been released on licence under this Chapter, and
(b) is recalled to prison under section 32.
(2) The Secretary of State may, at any time after the prisoner is returned to prison, release the prisoner again on licence under this Chapter.
(3) The Secretary of State must not release the prisoner under subsection (2) unless satisfied that it is no longer necessary for the protection of the public that the prisoner should remain in prison.
(4) Where the prisoner is released under subsection (2), the Secretary of State may determine that, for the purposes of paragraph (c) of section 31A(4H) (automatic licence termination), the prisoner’s licence is to be treated as having remained in force as if it had not been revoked under section 32.
(5) The Secretary of State may only make a determination under subsection (4) if the Secretary of State considers that it is in the interests of justice to do so.
(6) Where the Secretary of State makes a determination under subsection (4), the Secretary of State must notify the prisoner.
(7) In this section, “preventive sentence” means—
(a) a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (including one passed as a result of section 219 of the Armed Forces Act 2006), or
(b) a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 (including one passed as a result of section 221 of the Armed Forces Act 2006).
67 Imprisonment or detention for public protection: annual report
(1) The Secretary of State must, as soon as is reasonably practicable after the end of each reporting period—
(a) prepare and publish a report about the steps taken by the Secretary of State in the reporting period to support the rehabilitation of preventive sentence prisoners and their progress towards release from prison or licence termination, and
(b) lay the report before Parliament.
(2) For these purposes, in relation to a preventive sentence prisoner—
(a) “release from prison” means the prisoner’s release on licence under section 28(5) or 32(5) of the 1997 Act or unconditional release under either of those sections as modified by section 31A(4G) of that Act;
(b) “licence termination” means an order, under section 31A(2) or (4H) of the 1997 Act, that the licence on which the prisoner was released from prison is to cease to have effect.
(3) The report must in particular contain details of the steps taken in relation to the following—
(a) preventive sentence prisoners who are female;
(b) preventive sentence prisoners who at any time in the reporting period were serving a sentence mentioned in paragraph (b) of the definition of preventive sentence (detention for public protection for serious offences committed by those under 18).
(4) The report must also contain details of the persons the Secretary of State has consulted in the reporting period in relation to the matters mentioned in subsection (1)(a).
(5) In this section—
“the 1997 Act” means the Crime (Sentences) Act 1997;
“life sentence” has the meaning given by section 34(2) of the 1997 Act;
“preventive sentence” means—
a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (including one passed as a result of section 219 of the Armed Forces Act 2006), or
a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 (including one passed as a result of section 221 of the Armed Forces Act 2006);
“preventive sentence prisoner”, in relation to a reporting period, means a prisoner who—
was serving one or more preventive sentences at any time in the period, and
was not serving any other life sentence at any time in the period;
“reporting period” means—
the period beginning with the day on which this section comes into force and ending with 31 March following that day, and
each successive period of 12 months.
(1) Section 246 of the Criminal Justice Act 2003 (release of prisoners on licence before required to do so) is amended as follows.
(2) In subsection (1), after “fixed-term prisoner” insert “, other than one to whom section 244ZA, 244A, 246A, 247, 247A or 247B or paragraph 4 or 24 of Schedule 20B applies,”.
(3) In subsection (4)—
(a) omit paragraphs (a) to (ab);
(b) after paragraph (ab) insert—
(ac) the prisoner is one to whom section 244ZA would apply if—
(i) section 244ZA(4)(c), (5)(c) and (6)(c) were omitted,
(ii) the reference in section 244ZA(5)(a) to section 262 of the Sentencing Code were read as including a reference to section 96 of the PCC(S)A 2000, and
(iii) the reference in section 244ZA(6)(a) to section 250 of the Sentencing Code were read as including a reference to section 91 of the PCC(S)A 2000,
;
(c) in paragraph (g) for “at any time” substitute “during the currency of the sentence”;
(d) for paragraph (ga) substitute—
(ga) the following apply—
(i) the prisoner has been released on licence under this section in relation to a previous sentence and has been recalled to prison under section 255(1)(a) (and the revocation of the licence has not been cancelled under section 255(3)), and
(ii) the requisite custodial period in relation to the previous sentence ended less than 2 years before the day on which the current sentence began,
(gb) the following apply—
(i) the prisoner has been released on licence under section 34A of the Criminal Justice Act 1991 in relation to a previous sentence and has been recalled to prison under section 38A(1)(a) of that Act (and the revocation of the licence has not been cancelled under section 38A(3) of that Act), and
(ii) the requisite custodial period in relation to the previous sentence ended less than 2 years before the day on which the current sentence began,
;
(e) omit paragraph (ha) (but not the “or” at the end of it).
(4) Omit subsection (4ZA).
(1) Section 239 of the Criminal Justice Act 2003 (the Parole Board) is amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) After subsection (5C) insert—
(5D) Rules under subsection (5) may also make provision for functions of the Board (including judicial functions) to be exercised by employees of the Board, other than any function so far as its exercise involves—
(a) making a public protection decision in relation to a prisoner within the meaning of section 237A(2) of this Act or section 28ZA(2) of the 1997 Act;
(b) giving a direction for the release of a prisoner on licence under this Chapter or under Chapter 2 of Part 2 of the 1997 Act;
(c) making a decision or giving a direction under subsection (4) or (4F) of section 31A of the 1997 Act (imprisonment or detention for public protection: termination of licences);
(d) reconsidering a decision or setting aside a decision or direction under provision made by virtue of subsection (5A).
(1) Paragraph 2 of Schedule 19 to the Criminal Justice Act 2003 (membership of the Parole Board) is amended as follows.
(2) In sub-paragraph (1), for “four” substitute “five”.
(3) In sub-paragraph (2)—
(a) omit the “and” at the end of paragraph (c);
(b) after paragraph (d) insert
; and
(e) a person appearing to the Secretary of State to have experience of law enforcement in a part of the United Kingdom.
.
(4) After sub-paragraph (2) insert—
(2A) “Law enforcement” means the prevention, detection or investigation of offences.
75 Whole life prisoners prohibited from forming a marriage
(1) After section 2 of the Marriage Act 1949 insert—
Marriages of whole life prisoners
2A (1) A person (“A”) may not marry another person if A—
(a) is serving a life sentence in a prison or other place of detention, and
(b) is subject to a whole life order.
(2) But subsection (1) does not apply if A has permission from the Secretary of State to marry the other person.
(3) The Secretary of State may not give permission under subsection (2) unless satisfied that exceptional circumstances exist which justify the permission being given.
(4) A marriage solemnized in contravention of subsection (1) is void.
(5) In this section—
“life sentence” has the meaning given by section 34(2) of the Crime (Sentences) Act 1997;
“whole life order” means an order that section 28(5) to (8) of that Act (early release of person serving life sentence) is not to apply to a person.
(6) A person is to be treated for the purposes of this section as being subject to a whole life order if—
(a) the person is serving a life sentence passed before 18 December 2003,
(b) the sentence was passed in circumstances where the sentence was fixed by law,
(c) before 18 December 2003 the person was notified in writing by the Secretary of State (otherwise than in a notice expressed to be provisional) that the Secretary of State does not intend that the person should ever be released on licence, and
(d) an order has not been made in relation to the sentence under paragraph 3(1)(a) of Schedule 22 to the Criminal Justice Act 2003 (mandatory life sentences: transitional cases).
(2) In section 27ZA of the Marriage Act 1949 (circumstances in which a notice of marriage is not to be recorded in the marriage register), in paragraph (a), at the appropriate place insert—
section 27A(3A);
.
(3) In section 27A of the Marriage Act 1949 (additional information required in certain cases)—
(a) in subsection (3) (case where marriage intended to be solemnized at detained person’s residence)—
(i) omit the “and” at the end of paragraph (a);
(ii) at the end of paragraph (b) insert
; and
(c) stating whether the person is serving a life sentence and, if so, whether the person is subject to a whole life order.
;
(b) after subsection (3) insert—
(3A) Where the relevant person is a detained person who is serving a life sentence and is subject to a whole life order, each notice of marriage required by section 27 of this Act must also be accompanied by a statement made by the Secretary of State not more than twenty-one days before the date on which notice of the marriage is given under section 27 stating that the relevant person has the permission required by section 2A(2).
;
(c) in subsection (6), for “or (as the case may be) (3)” substitute “, (3) or (3A)”;
(d) in subsection (7), before the definition of “medical statement” insert—
“life sentence” and “whole life order” have the meanings given by section 2A(5) of this Act and section 2A(6) (persons treated as being subject to a whole life order) applies for the purposes of this section; and
.
(4) In section 11(a) of the Matrimonial Causes Act 1973 (grounds on which a marriage is void), omit the “or” at the end of sub-paragraph (ii) and insert—
(iia) the marriage is solemnized in contravention of section 2A of the Marriage Act 1949; or
.
76 Whole life prisoners prohibited from forming a civil partnership
(1) Section 3 of the Civil Partnership Act 2004 (eligibility) is amended in accordance with subsections (2) to (4).
(2) In subsection (1)—
(a) omit the “or” at the end of paragraph (c), and
(b) after paragraph (d) insert
, or
(e) either of them is serving a life sentence in a prison or other place of detention and is subject to a whole life order.
(3) After subsection (1) insert—
(1A) But two people are not ineligible to register as civil partners of each other by reason of either of them falling within paragraph (e) of subsection (1) if each of them falling within that paragraph has permission from the Secretary of State to register as a civil partner of the other.
(1B) The Secretary of State may not give permission under subsection (1A) unless satisfied that exceptional circumstances exist which justify the permission being given.
(4) After subsection (2) insert—
(3) In this section—
“life sentence” has the meaning given by section 34(2) of the Crime (Sentences) Act 1997;
“whole life order” means an order that section 28(5) to (8) of that Act (early release of person serving life sentence) is not to apply to a person.
(4) A person is to be treated for the purposes of this section as being subject to a whole life order if—
(a) the person is serving a life sentence passed before 18 December 2003,
(b) the sentence was passed in circumstances where the sentence was fixed by law,
(c) before 18 December 2003 the person was notified in writing by the Secretary of State (otherwise than in a notice expressed to be provisional) that the Secretary of State does not intend that the person should ever be released on licence, and
(d) an order has not been made in relation to the sentence under paragraph 3(1)(a) of Schedule 22 to the Criminal Justice Act 2003 (mandatory life sentences: transitional cases).
(5) In section 9F of the Civil Partnership Act 2004 (recording of information in the register: compliance with requirements), at the appropriate place insert—
section 19(5A);
.
(6) Section 19 of the Civil Partnership Act 2004 (detained persons) is amended in accordance with subsections (7) to (9).
(7) In subsection (4) (supporting statement)—
(a) omit the “and” at the end of paragraph (a);
(b) after paragraph (b) insert
, and
(c) states whether the person is serving a life sentence and, if so, whether the person is subject to a whole life order.
(8) After subsection (5) insert—
(5A) Where the detained person is serving a life sentence and is subject to a whole life order, each notice of proposed civil partnership must also be accompanied by a statement made by the Secretary of State not more than 21 days before the day on which the notice is recorded stating that the detained person has the permission required by section 3(1A).
(5B) The fact that the registration authority to whom a notice of proposed civil partnership is given has received a statement under subsection (5A) must be recorded in the register.
(9) After subsection (7) insert—
(7A) “Life sentence” and “whole life order” have the meanings given by section 3(3) of this Act and section 3(4) (persons treated as being subject to a whole life order) applies for the purposes of this section.
There is to be paid out of money provided by Parliament—
(a) any expenditure incurred under or by virtue of this Act by the Secretary of State, and
(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.
(1) The Secretary of State may by regulations make provision that is consequential on, or on regulations under, Part 1, 2 or 4.
(2) Each of the following may by regulations make provision that is consequential on, or on regulations under, Part 3—
(a) the Secretary of State or the Minister for the Cabinet Office,
(b) the Welsh Ministers,
(c) the Scottish Ministers, and
(d) a Northern Ireland department.
(3) Regulations under subsection (2)—
(a) made by the Welsh Ministers, may contain only provision which would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd;
(b) made by the Scottish Ministers, may contain only provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;
(c) made by a Northern Ireland department, may contain only provision which—
(i) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and
(ii) 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.
(4) Regulations under this section may amend, repeal or revoke any provision of or made under primary legislation (whenever passed or made).
(5) In this section, “primary legislation” means—
(a) an Act;
(b) a Measure or Act of Senedd Cymru;
(c) an Act of the Scottish Parliament;
(d) Northern Ireland legislation.
(1) Regulations under this Act—
(a) may make different provision for different purposes or areas;
(b) may include supplementary, incidental, saving or transitional provisions.
(2) Regulations under this Act made by the Secretary of State, the Minister for the Cabinet Office, the Treasury or the Welsh Ministers are to be made by statutory instrument.
(3) For regulations made under section 78(2) by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).
(4) The power of a Northern Ireland department to make regulations under section 78(2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(5) A statutory instrument containing (alone or with other provision) regulations made by the Secretary of State under section 17 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(6) A statutory instrument containing (alone or with other provision) the first regulations made by the Secretary of State or the Minister for the Cabinet Office under section 49 must be laid before Parliament after being made.
(7) Regulations contained in a statutory instrument laid before Parliament under subsection (6) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.
(8) In calculating the period of 28 days, no account is to be taken of any whole days that fall within a period during which—
(a) Parliament is dissolved or prorogued, or
(b) either House of Parliament is adjourned for more than four days.
(9) If regulations cease to have effect as a result of subsection (7), that does not—
(a) affect the validity of anything previously done under the regulations, or
(b) prevent the making of new regulations.
(10) Any other statutory instrument containing (alone or with other provision) regulations made by the Secretary of State or the Minister for the Cabinet Office under section 49 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(11) A statutory instrument containing (alone or with other provision) regulations made by the Secretary of State or the Minister for the Cabinet Office under section 56(10) (unless it is a statutory instrument to which subsection (6) applies) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(12) A statutory instrument containing (alone or with other provision) regulations made by the Secretary of State or the Minister for the Cabinet Office under section 78(1) or (2) that amend, repeal or revoke primary legislation (within the meaning of section 78) (unless it is a statutory instrument to which subsection (6) applies) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(13) Any other statutory instrument containing regulations made by the Secretary of State or the Minister for the Cabinet Office under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.
(14) A statutory instrument containing regulations made by the Treasury under paragraph 21 of Schedule 1 is subject to annulment in pursuance of a resolution of the House of Commons.
(15) A statutory instrument containing regulations made by the Welsh Ministers under section 78(2) that amend, repeal or revoke primary legislation (within the meaning of section 78) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.
(16) Any other statutory instrument containing regulations made by the Welsh Ministers under section 78(2) is subject to annulment in pursuance of a resolution of Senedd Cymru.
(17) Regulations made by the Scottish Ministers under section 78(2) that amend, repeal or revoke primary legislation (within the meaning of section 78) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
(18) Any other regulations made by the Scottish Ministers under section 78(2) are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
(19) Regulations made by a Northern Ireland department under section 78(2) that amend, repeal or revoke primary legislation (within the meaning of section 78) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(20) Any other regulations made by a Northern Ireland department under section 78(2) are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).
(21) This section does not apply to regulations under section 81.
(1) This Act extends to England and Wales only, subject as follows.
(2) Section 45(5) also extends to Scotland.
(3) Section 19(3) and (4) also extends to Northern Ireland.
(4) The following also extend to Scotland and Northern Ireland—
(a) section 27;
(b) section 29;
(c) section 33(3);
(d) section 45(1) to (4);
(e) Part 3;
(f) this Part.
(5) His Majesty may by Order in Council provide for any of the provisions of Part 3 to extend, with or without modifications, to—
(a) any of the Channel Islands;
(b) the Isle of Man;
(c) Gibraltar;
(d) the Falkland Islands.
(1) The following provisions come into force on the day on which this Act is passed—
(a) Part 3;
(b) section 73(1) and (3);
(c) this Part.
(2) Except as mentioned in subsection (1)(b), Parts 1, 2 and 4 come into force on such day as the Secretary of State may by regulations appoint.
(3) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of—
(a) Part 1, 2 or 4, or
(b) this Part.
(4) The Secretary of State or the Minister for the Cabinet Office may by regulations make transitional or saving provision in connection with the coming into force of any provision of Part 3.
(5) Regulations under this section may make different provision for different purposes or areas.
(6) Regulations under this section are to be made by statutory instrument.
Section 48
Part 1 Constitution
Membership
1 (1) The IBCA is to consist of—
(a) a Chair (who is to be a non-executive member),
(b) at least 3, but not more than 6, other non-executive members,
(c) a chief executive, and
(d) at least 2, but not more than 5, other executive members.
(2) The members are to be appointed in accordance with paragraphs 2 to 4.
(3) A person exercising a power of appointment in accordance with those paragraphs must when doing so ensure, so far as practicable, that the number of non-executive members is at all times greater than the number of executive members.
Appointment of non-executive members
2 (1) The Chair is to be appointed by the Secretary of State or the Minister for the Cabinet Office.
(2) The other non-executive members are to be appointed by the Chair except for the first three who are to be appointed by the Secretary of State or the Minister for the Cabinet Office.
(3) A person may not be appointed as a non-executive member if the person is a member of the IBCA’s staff.
Appointment of executive members
3 (1) The chief executive and the other executive members are to be appointed by the Chair.
(2) The executive members are to be members of the IBCA’s staff.
Appointments of members: eligibility
4 (1) The Secretary of State or the Minister for the Cabinet Office may by regulations make provision about criteria which must be met by persons in order to be appointed as members of the IBCA.
(2) The regulations may make provision for a person to cease to be a member of the IBCA if the person no longer meets those criteria.
Terms of membership
5 (1) A member of the IBCA holds and vacates office in accordance with the terms of the member’s appointment (subject to this Schedule).
(2) A member may resign from office by giving notice to the appropriate person.
(3) A member may be removed from office by notice given by the appropriate person on the grounds that the member—
(a) has without reasonable excuse failed to discharge the member’s functions, or
(b) is, in the opinion of the appropriate person, unable or unfit to carry out the member’s functions.
(4) A person ceases to be—
(a) a non-executive member of the IBCA upon becoming a member of its staff;
(b) an executive member of the IBCA upon ceasing to be a member of its staff.
(5) In this paragraph “appropriate person” means—
(a) in the case of the Chair, the Secretary of State or the Minister for the Cabinet Office;
(b) in the case of any other member of the IBCA, the Chair.
Non-executive members: payments
6 (1) The IBCA must pay, or make provision for the payment of, such remuneration, pensions, allowances or gratuities as the Secretary of State or the Minister for the Cabinet Office determines to or in respect of a person who is or has been—
(a) the Chair, or
(b) a non-executive member appointed by the Secretary of State or the Minister for the Cabinet Office under paragraph 2(2).
(2) The IBCA must pay, or make provision for the payment of, such remuneration, pensions, allowances or gratuities as the Chair determines to or in respect of a person who is or has been a non-executive member appointed by the Chair under paragraph 2(2).
(3) Sub-paragraph (4) applies if—
(a) a person ceases to be the Chair or a non-executive member appointed by the Secretary of State or the Minister for the Cabinet Office under paragraph 2(2), and
(b) the Secretary of State or the Minister for the Cabinet Office determines that the person should be compensated because of special circumstances.
(4) Where this sub-paragraph applies, the IBCA must pay the person compensation of such amount as the Secretary of State or the Minister for the Cabinet Office may determine.
(5) Sub-paragraph (6) applies if—
(a) a person ceases to be a non-executive member appointed by the Chair under paragraph 2(2), and
(b) the Chair determines that the person should be compensated because of special circumstances.
(6) Where this sub-paragraph applies, the IBCA must pay the person compensation of such amount as the Chair may determine.
Staffing
7 (1) The IBCA may—
(a) appoint employees, and
(b) make such other arrangements for the staffing of the IBCA as it determines.
(2) The IBCA must pay its staff such remuneration as may be determined in accordance with this paragraph.
(3) The IBCA must pay, or make provision for the payment of, such pensions, allowances, gratuities or compensation as may be determined in accordance with this paragraph to or in respect of any person who is or has been a member of staff of the IBCA.
(4) Members of staff of the IBCA are to be appointed on such other terms as may be determined in accordance with this paragraph.
(5) A matter is determined in accordance with this paragraph if—
(a) in the case of a matter which relates to an executive member, it is determined by the Chair;
(b) in the case of a matter which relates to any other member of staff, it is determined by the IBCA.
(6) Before making a determination as to remuneration, pensions, allowances, gratuities or compensation for the purposes of sub-paragraph (2) or (3), the IBCA must obtain the approval of the Secretary of State or the Minister for the Cabinet Office as to its policy on that matter.
Interim chief executive
8 (1) The Secretary of State or the Minister for the Cabinet Office may appoint a person as an executive member to act as chief executive of the IBCA (“an interim chief executive”) until the appointment of the first chief executive by the Chair under paragraph 3(1).
(2) An interim chief executive may incur expenditure and do other things in the name of and on behalf of the IBCA until the appointment of the first chief executive by the Chair under paragraph 3(1).
(3) In exercising the power in sub-paragraph (2), an interim chief executive must act in accordance with any directions given by the Secretary of State or the Minister for the Cabinet Office.
(4) Paragraphs 3, 5 and 7 do not apply to an interim chief executive.
Committees and sub-committees
9 (1) The IBCA may appoint such committees and sub-committees as it considers appropriate.
(2) A committee or sub-committee may consist of or include persons who are neither members, nor members of staff, of the IBCA.
(3) The IBCA may pay such remuneration and allowances as it may determine to any person who—
(a) is a member of a committee or a sub-committee, but
(b) is not a member of staff of the IBCA,
whether or not that person is a non-executive member of the IBCA.
Procedure
10 (1) The IBCA may determine its own procedure and the procedure of any of its committees or sub-committees.
(2) The validity of any proceedings of the IBCA, or any committee or sub-committee of the IBCA, is not affected by any vacancy among its members or by any defect in the appointment of such a member.
Exercise of functions
11 (1) The IBCA must have regard to the need to exercise its functions effectively, efficiently and economically.
(2) The IBCA may delegate any of its functions to—
(a) a member of the IBCA,
(b) a member of the IBCA’s staff authorised for that purpose, or
(c) any committee or sub-committee.
(3) A function may be delegated to the extent and on the terms that the IBCA determines.
Funding
12 (1) The Secretary of State or the Minister for the Cabinet Office must pay to the IBCA—
(a) such sums as are required to meet payments made by the IBCA under the infected blood compensation scheme, and
(b) such other sums as the Secretary of State or the Minister for the Cabinet Office considers are reasonably sufficient to enable the IBCA to carry out its functions.
(2) Payments under sub-paragraph (1)(b) may be made subject to conditions.
(3) The Secretary of State or the Minister for the Cabinet Office may by regulations make provision about what the IBCA must do with any sums repaid to it by virtue of section 50(5) (which may include provision requiring the sums to be paid to the Secretary of State or the Minister for the Cabinet Office).
Annual report
13 (1) As soon as reasonably practicable after the end of each financial year the IBCA must prepare a report on the exercise of its functions during that financial year.
(2) The IBCA must send the report to the Secretary of State or the Minister for the Cabinet Office.
(3) The Secretary of State or the Minister for the Cabinet Office must lay the report before Parliament.
Accounts and audit
14 (1) The IBCA must—
(a) keep proper accounts and proper records in relation to them, and
(b) prepare a statement of accounts in respect of each financial year in the form specified by the Secretary of State or the Minister for the Cabinet Office.
(2) The IBCA must send a copy of each statement of accounts to the Secretary of State or the Minister for the Cabinet Office, and the Comptroller and Auditor General, as soon as practicable after the end of the financial year to which the statement relates.
(3) The Comptroller and Auditor General must—
(a) examine, certify and report on each statement of accounts, and
(b) send a copy of each report and certified statement to the Secretary of State or the Minister for the Cabinet Office.
(4) The Secretary of State or the Minister for the Cabinet Office must lay before Parliament a copy of each such report and certified statement.
Meaning of “financial year”
15 In this Schedule “financial year” means—
(a) the period beginning with the date on which the IBCA is established and ending with 31 March following that date, and
(b) each successive period of 12 months.
Provision of information
16 The IBCA must provide to the Secretary of State or the Minister for the Cabinet Office such information relating to the IBCA’s functions as they may request.
Status
17 (1) The IBCA is not to be regarded—
(a) as the servant or agent of the Crown, or
(b) as enjoying any status, immunity or privilege of the Crown.
(2) The IBCA’s property is not to be regarded as property of, or property held on behalf of, the Crown.
(3) Service as a member, or a member of staff, of the IBCA is not service in the civil service of the State.
Seal and evidence
18 (1) The application of the IBCA’s seal must be authenticated by a signature of—
(a) a member of the IBCA, or
(b) another person authorised for that purpose by the IBCA.
(2) A document purporting to be duly executed under the IBCA’s seal or signed on its behalf—
(a) is to be received in evidence, and
(b) is to be taken to be executed or signed in that way, unless the contrary is shown.
(3) But this paragraph does not apply in relation to any document which is, or is to be, signed in accordance with the law of Scotland.
Supplementary powers
19 The IBCA may do anything it thinks appropriate for the purposes of, or in connection with, its functions.
Part 2 Transfer schemes
Power to make transfer schemes
20 (1) The Secretary of State or the Minister for the Cabinet Office may make one or more schemes (“transfer schemes”) for the purpose of transferring to the IBCA such property, rights and liabilities of a relevant person as the Secretary of State or Minister considers appropriate for the purposes of enabling the IBCA to carry out its functions under or by virtue of this Act.
(2) In this paragraph “relevant person” means—
(a) the Secretary of State;
(b) the Minister for the Cabinet Office;
(c) a Special Health Authority established under section 28 of the National Health Service Act 2006;
(d) the Welsh Ministers;
(e) a National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006;
(f) a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006;
(g) the Scottish Ministers;
(h) a person who has at any time been appointed by the Scottish Ministers under subsection (4)(d) of section 28 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) to manage a scheme made under that section;
(i) the Department of Health in Northern Ireland;
(j) the Regional Business Services Organisation established by section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.)).
(3) A transfer scheme may not be made—
(a) in relation to a relevant person within sub-paragraph (2)(d), (e) or (f), unless the Welsh Ministers consent;
(b) in relation to a relevant person within sub-paragraph (2)(g) or (h), unless the Scottish Ministers consent;
(c) in relation to a relevant person within sub-paragraph (2)(i) or (j), unless the Department of Health in Northern Ireland consents.
(4) The things that may be transferred under a transfer scheme include—
(a) property, rights and liabilities that could not otherwise be transferred;
(b) property acquired, and rights and liabilities arising, after the making of the scheme;
(c) criminal liabilities.
(5) A transfer scheme may make supplementary, incidental, transitional or consequential provision and may, in particular—
(a) create rights, or impose liabilities, in relation to property or rights transferred;
(b) make provision about the continuing effect of things done by a relevant person in respect of anything transferred;
(c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of, or in relation to, a relevant person in respect of anything transferred;
(d) make provision for references to an interim compensation authority in an instrument or other document in respect of anything transferred to be treated as references to the IBCA;
(e) make provision for the shared ownership or use of property;
(f) make provision which is the same as or similar to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246);
(g) make other supplemental, incidental, transitional or consequential provision.
(6) A transfer scheme may provide for—
(a) modifications by agreement;
(b) modifications to have effect from the date when the original scheme came into effect.
(7) For the purposes of this paragraph—
(a) references to rights and liabilities include rights and liabilities relating to a contract of employment;
(b) references to the transfer of property include the grant of a lease.
(8) For the purposes of sub-paragraph (7)—
(a) an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of employment, and
(b) the terms of the individual’s employment in the civil service of the State are to be regarded as constituting the terms of the contract of employment.
Tax treatment of transfer schemes
21 (1) The Treasury may by regulations make provision varying the way in which a relevant tax has effect in relation to—
(a) anything transferred under a scheme under paragraph 20, or
(b) anything done for the purposes of, or in relation to, a transfer under such a scheme.
(2) The provision which may be made under sub-paragraph (1)(a) includes in particular provision for—
(a) a tax provision not to apply, or to apply with modifications, in relation to anything transferred;
(b) anything transferred to be treated in a specified way for the purposes of a tax provision;
(c) the Secretary of State or the Minister for the Cabinet Office to be required or permitted to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything transferred.
(3) The provision which may be made under sub-paragraph (1)(b) includes in particular provision for—
(a) a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of or in relation to the transfer;
(b) anything done for the purposes of, or in relation to, the transfer to have or not have a specified consequence or be treated in a specified way;
(c) the Secretary of State or the Minister for the Cabinet Office to be required or permitted to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, the transfer.
(4) In this paragraph references to the transfer of property include the grant of a lease.
(5) In this paragraph—
“relevant tax” means income tax, corporation tax, capital gains tax, value added tax, stamp duty or stamp duty reserve tax;
“tax provision” means any legislation about a relevant tax.
Part 3 Amendments
Public Records Act 1958 (c. 51)
22 In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (establishments and organisations whose records are public records), at the appropriate place insert—
The Infected Blood Compensation Authority.
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
23 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960—
(a) in paragraph 1 (bodies in England and Wales to which the Act applies), at the end insert—
(r) the Infected Blood Compensation Authority.
;
(b) in paragraph 2 (bodies in Scotland to which the Act applies), at the end insert—
(g) the Infected Blood Compensation Authority.
Parliamentary Commissioner Act 1967 (c. 13)
24 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), at the appropriate place insert—
The Infected Blood Compensation Authority.
House of Commons Disqualification Act 1975 (c. 24)
25 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies all members of which are disqualified), at the appropriate place insert—
The Infected Blood Compensation Authority.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
26 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies all members of which are disqualified), at the appropriate place insert—
The Infected Blood Compensation Authority.
Freedom of Information Act 2000 (c. 36)
27 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies), at the appropriate place insert—
The Infected Blood Compensation Authority.
Equality Act 2010 (c. 15)
28 In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality duty), under the heading “Health, social care and social security”, at the appropriate place insert—
The Infected Blood Compensation Authority.
Schedule 2 Offences relevant to public protection decisions
Section 59(9)
Before Schedule 19 to the Criminal Justice Act 2003 insert—
Schedule 18B
Offences relevant to public protection decisions
Section 237A(4)
Part 1 Common law offences
Offences under the law of England and Wales, Scotland and Northern Ireland
1 Kidnapping.
2 Murder.
Offences under the law of England and Wales and Northern Ireland
3 Manslaughter.
Offences under the law of Scotland
4 Abduction.
5 Assault and poisoning.
6 Assault by explosive device.
7 Assault to severe injury.
8 Assault with intent to rob.
9 Culpable homicide.
10 Malicious mischief.
11 Poisoning.
12 Robbery.
13 Wilful fire-raising.
Offences under the law of Northern Ireland
14 Affray.
15 Riot.
Part 2 Statutory offences
Offences against the Person Act 1861
16 An offence under any of the following provisions of the Offences against the Person Act 1861—
(a) section 4 (soliciting murder);
(b) section 16 (threats to kill);
(c) section 18 (wounding with intent to cause grievous bodily harm);
(d) section 20 (malicious wounding);
(e) section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence);
(f) section 22 (using chloroform etc to commit or assist in the committing of any indictable offence);
(g) section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm);
(h) section 27 (abandoning children);
(i) section 28 (causing bodily injury by explosives);
(j) section 29 (using explosives etc with intent to do grievous bodily harm);
(k) section 30 (placing explosives with intent to do bodily injury);
(l) section 31 (setting spring guns etc with intent to do grievous bodily harm);
(m) section 32 (endangering the safety of railway passengers);
(n) section 35 (injuring persons by furious driving);
(o) section 37 (assaulting officer preserving wreck);
(p) section 38 (assault with intent to resist arrest);
(q) section 47 (assault occasioning actual bodily harm).
Explosive Substances Act 1883
17 An offence under any of the following provisions of the Explosive Substances Act 1883—
(a) section 2 (causing explosion likely to endanger life or property);
(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);
(c) section 4 (making or possession of explosive under suspicious circumstances);
(d) section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives).
Infant Life (Preservation) Act 1929
18 An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).
Children and Young Persons Act 1933
19 An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children).
Infanticide Act 1938
20 An offence under section 1 of the Infanticide Act 1938 (infanticide).
Sexual Offences Act 1956
21 An offence under section 33A of the Sexual Offences Act 1956 (keeping a brothel used for prostitution).
Firearms Act 1968
22 An offence under any of the following provisions of the Firearms Act 1968—
(a) section 16 (possession of firearm with intent to injure);
(b) section 16A (possession of firearm with intent to cause fear of violence);
(c) section 17(1) (use of firearm to resist arrest);
(d) section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);
(e) section 18 (carrying a firearm with criminal intent).
Theft Act 1968
23 An offence under any of the following provisions of the Theft Act 1968—
(a) section 8 (robbery or assault with intent to rob);
(b) section 9, where the offence is burglary with intent to—
(i) inflict grievous bodily harm on a person, or
(ii) do unlawful damage to a building or anything in it;
(c) section 10 (aggravated burglary);
(d) section 12A (aggravated vehicle-taking).
Criminal Damage Act 1971
24 (1) An offence of arson under section 1 of the Criminal Damage Act 1971.
(2) An offence under section 1(2) of that Act (destroying or damaging property), other than an offence of arson.
Biological Weapons Act 1974
25 An offence under section 1 of the Biological Weapons Act 1974 (developing certain biological agents and toxins or biological weapons).
Protection of Children Act 1978
26 An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).
Customs and Excise Management Act 1979
27 An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles).
Taking of Hostages Act 1982
28 An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).
Aviation Security Act 1982
29 An offence under any of the following provisions of the Aviation Security Act 1982—
(a) section 1 (hijacking);
(b) section 2 (destroying, damaging or endangering safety of aircraft);
(c) section 3 (other acts endangering or likely to endanger safety of aircraft);
(d) section 4 (offences in relation to certain dangerous articles);
(e) section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft).
Nuclear Material (Offences) Act 1983
30 An offence under section 2 of the Nuclear Material (Offences) Act 1983 (preparatory acts and threats).
Mental Health Act 1983
31 An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients).
Public Order Act 1986
32 An offence under any of the following provisions of the Public Order Act 1986—
(a) section 1 (riot);
(b) section 2 (violent disorder);
(c) section 3 (affray).
Criminal Justice Act 1988
33 An offence under either of the following provisions of the Criminal Justice Act 1988—
(a) section 134 (torture);
(b) section 160 (possession of indecent photograph of a child).
Road Traffic Act 1988
34 An offence under any of the following provisions of the Road Traffic Act 1988—
(a) section 1 (causing death by dangerous driving);
(b) section 3ZC (causing death by driving: disqualified drivers);
(c) section 3A (causing death by careless driving when under influence of drink or drugs).
Aviation and Maritime Security Act 1990
35 An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—
(a) section 1 (endangering safety at aerodromes);
(b) section 9 (hijacking of ships);
(c) section 10 (seizing or exercising control of fixed platforms);
(d) section 11 (destroying ships or fixed platforms or endangering their safety);
(e) section 12 (other acts endangering or likely to endanger safe navigation);
(f) section 13 (offences involving threats);
(g) section 14(4) (inducing or assisting the commission of offences relating to hijacking of ships, or destroying ships or fixed platforms or endangering their safety).
Channel Tunnel (Security) Order 1994 (S.I. 1994/570)
36 An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).
Chemical Weapons Act 1996
37 An offence under either of the following provisions of the Chemical Weapons Act 1996—
(a) section 2 (use etc of chemical weapons);
(b) section 11 (premises or equipment used for producing chemical weapons).
Protection from Harassment Act 1997
38 An offence under either of the following provisions of the Protection from Harassment Act 1997—
(a) section 4 (putting people in fear of violence);
(b) section 4A (stalking involving fear of violence or serious alarm or distress).
Crime and Disorder Act 1998
39 (1) An offence under section 29 of the Crime and Disorder Act 1998 (racially or religiously aggravated assaults).
(2) An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986).
Terrorism Act 2000
40 An offence under any of the following provisions of the Terrorism Act 2000—
(a) section 11 (membership of a proscribed organisation);
(b) section 12 (inviting support for a proscribed organisation etc);
(c) section 15 (fund-raising);
(d) section 16 (use or possession of money or property for terrorist purposes);
(e) section 17 (involvement in terrorist funding arrangements);
(f) section 17A (insurance against payments made in response to terrorist demands);
(g) section 18 (laundering of terrorist property);
(h) section 19 (failure to disclose professional belief or suspicion about terrorist offences);
(i) section 21A (failure in regulated sectors to disclose knowledge or suspicion about terrorist offences);
(j) section 38B (failure to disclose information about acts of terrorism);
(k) section 39 (disclosure of information prejudicial to a terrorist investigation etc);
(l) section 54 (weapons training);
(m) section 56 (directing terrorist organisation);
(n) section 57 (possession of article for terrorist purposes);
(o) section 58 (collection of information likely to be of use to a terrorist);
(p) section 58A (publishing information about members of the armed forces);
(q) section 58B (entering or remaining in a designated area);
(r) sections 59 to 61 (inciting terrorism overseas).
International Criminal Court Act 2001
41 An offence under section 51 or 52 of the International Criminal Court Act 2001 (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.
Anti-terrorism, Crime and Security Act 2001
42 An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—
(a) section 47 (use etc of nuclear weapons);
(b) section 50 (assisting or inducing certain weapons-related acts overseas);
(c) section 113 (use of noxious substance or thing to cause harm or intimidate).
Female Genital Mutilation Act 2003
43 An offence under any of the following provisions of the Female Genital Mutilation Act 2003—
(a) section 1 (female genital mutilation);
(b) section 2 (assisting a girl to mutilate her own genitalia);
(c) section 3 (assisting a non-UK person to mutilate overseas a girl's genitalia).
Sexual Offences Act 2003
44 An offence under Part 1 of the Sexual Offences Act 2003 (sexual offences), other than an offence under any of the following provisions of that Act—
(a) section 51A (soliciting);
(b) section 53A (paying for sexual services of a prostitute subjected to force etc);
(c) section 71 (sexual activity in a public lavatory).
Domestic Violence, Crime and Victims Act 2004
45 An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm).
Terrorism Act 2006
46 An offence under any of the following provisions of the Terrorism Act 2006—
(a) section 1 (encouragement of terrorism);
(b) section 2 (dissemination of terrorist publications);
(c) section 5 (preparation of terrorist acts);
(d) section 6 (training for terrorism);
(e) section 8 (attendance at a place used for terrorist training);
(f) section 9 (making or possession of radioactive device or material);
(g) section 10 (misuse of radioactive device or material for terrorist purposes etc);
(h) section 11 (terrorist threats relating to radioactive devices etc).
Counter-Terrorism Act 2008
47 An offence under section 54 of the Counter-Terrorism Act 2008 (breach of police notification requirements etc).
Terrorism Prevention and Investigation Measures Act 2011
48 An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notices imposing terrorism prevention and investigation measures).
Counter-Terrorism and Security Act 2015
49 An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order).
Serious Crime Act 2015
50 An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).
Modern Slavery Act 2015
51 An offence under either of the following provisions of the Modern Slavery Act 2015—
(a) section 1 (slavery, servitude and forced or compulsory labour);
(b) section 2 (human trafficking).
Space Industry Act 2018
52 An offence under any of the following paragraphs of Schedule 4 to the Space Industry Act 2018—
(a) paragraph 1 (hijacking of spacecraft);
(b) paragraph 2 (destroying, damaging or endangering the safety of spacecraft);
(c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft);
(d) paragraph 4 (endangering safety at spaceports).