37 Disqualification in Scotland or Northern Ireland.
(1) The Secretary of State may by order provide that section 35 shall apply in relation to an individual falling within subsection (2) as it applies in relation to an individual who is disqualified from working with children.
(2) An individual falls within this subsection if, under the law of Scotland or Northern Ireland, he is subject to a prohibition or disqualification which, in the opinion of the Secretary of State, corresponds to disqualification (by any of the means mentioned in section 35(4)) from working with children.
(1) Where a disqualification order is made in respect of an individual’s conviction of an offence, the rehabilitation period which, in accordance with section 6 of the Rehabilitation of Offenders Act 1974, is applicable to the conviction is to be determined as if that order had not been made; and a disqualification order is not a sentence for the purposes of that Act.
(2) In this section, “conviction” has the same meaning as in that Act.
40 Extension of corresponding Northern Ireland offence: conduct towards 14 to 16 year olds.
(1) The Children and Young Persons Act (Northern Ireland) 1968 is amended as follows.
(2) At the end of section 22 (indecent conduct towards child) there is inserted—
(2) In this section, “child” means a person under the age of seventeen.
(3) In section 180(1) (interpretation), in the definition of “child”—
(a) after “ “child”” there is inserted “ , except when used in section 22, ”, and
(b) at the end there is inserted “ and, when used in section 22, has the meaning assigned to it by that section ”.
41 Indecent photographs of children: increase of maximum penalties.
(1) In section 6(2) of the Protection of Children Act 1978 (punishments), for “three” there is substituted “ ten ”.
(2) In Article 3(4)(a) of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs of children), for “three” there is substituted “ ten ”.
(3) In section 160 of the Criminal Justice Act 1988 (summary offence of possession of indecent photograph of child)—
(a) after subsection (2) there is inserted—
(2A) A person shall be liable on conviction on indictment of an offence under this section to imprisonment for a term not exceeding five years or a fine, or both.
,
(b) for the sidenote there is substituted “ Possession of indecent photograph of child ”.
(4) In Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (summary offence of possession of indecent photograph of child)—
(a) after paragraph (2) there is inserted—
(2A) A person shall be liable on conviction on indictment of an offence under paragraph (1) to imprisonment for a term not exceeding five years or a fine, or both.
,
(b) for the heading there is substituted “ Possession of indecent photograph of child ”.
(1) In this Part—
...
“care home” has the same meaning as in the Care Standards Act 2000,
"charity trustee” has the same meaning as in the Charities Act 2011,
“child” means a person under the age of 18,
“children’s home” has—
in relation to England and Wales, the same meaning as in the Care Standards Act 2000,
in relation to Northern Ireland, the meaning which would be given by Article 90(1) of the Children (Northern Ireland) Order 1995 if, in Article 91(2) of that Order, sub-paragraphs (a), (f) and (g) and the words after sub-paragraph (h) were omitted,
“Class A drug” has the same meaning as in the Misuse of Drugs Act 1971,
“day care premises” means—
in relation to England, premises in respect of which a person is registered, otherwise than as a childminder, under Part 3 of the Childcare Act 2006,
in relation to Wales, premises in respect of which a person is registered under Part 10A of the Children Act 1989 for providing day care,
“disqualification order” has the meaning given by section 30,
“educational institution” means an institution which is exclusively or mainly for the provision of full-time education to children,
“employment” means paid employment, whether under a contract of service or apprenticeship or under a contract for services,
“hospital” has—
in relation to England and Wales, the meaning given by section 128(1) of the National Health Service Act 2006 or the National Health Service (Wales) Act 2006,
in relation to Northern Ireland, the meaning given by Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972,
“local authority” has the same meaning as in the Education Act 1996,
“nursing home” has the meaning given by Article 16 of the Registered Homes (Northern Ireland) Order 1992,
“private hospital” has the meaning given by Article 90(2) of the Mental Health (Northern Ireland) Order 1986,
“residential care home” has the meaning given by Article 3 of the Registered Homes (Northern Ireland) Order 1992,
“the Tribunal” means the First-tier Tribunal,
“voluntary home” has the meaning given by Article 74(1) of the Children (Northern Ireland) Order 1995,
“work” includes—
work of any kind, whether paid or unpaid and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract, and
an office established by or by virtue of an enactment,
and “working” is to be read accordingly.
() . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43 Probation orders renamed community rehabilitation orders.
(1) An order under subsection (1) of section 41 of the Powers of Criminal Courts (Sentencing) Act 2000 (probation orders), whenever made, is to be referred to as a community rehabilitation order.
(2) References in any enactment, instrument or document to a community rehabilitation order include (where the context allows) an order under any provision corresponding to that subsection which is repealed by that Act.
(3) Accordingly—
(a) in subsection (2) of that section, for “ “probation order”” there is substituted “ “community rehabilitation order” ”, but
(b) paragraph 1(3) of Schedule 11 to that Act (general transitional provisions) does not apply to that subsection as amended by this.
(4) References in any enactment, instrument or document to a probation order—
(a) are to an order under any provision corresponding to section 41(1) of that Act which is repealed by that Act, and
(b) include (where the context allows) an order under that subsection.
(5) In section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 (general definitions), at the appropriate place there is inserted—
“community rehabilitation order” has the meaning given by section 43 of the Criminal Justice and Court Services Act 2000
.
44 Community service orders renamed community punishment orders.
(1) An order under subsection (1) of section 46 of the Powers of Criminal Courts (Sentencing) Act 2000 (community service orders), whenever made, is to be referred to as a community punishment order.
(2) References in any enactment, instrument or document to a community punishment order include (where the context allows) an order under any provision corresponding to that subsection which is repealed by that Act.
(3) Accordingly—
(a) in subsection (2) of that section, for “ “community service order”” there is substituted “ “community punishment order” ”, but
(b) paragraph 1(3) of Schedule 11 to that Act (general transitional provisions) does not apply to that subsection as amended by this.
(4) References in any enactment, instrument or document to a community service order—
(a) are to an order under any provision corresponding to section 46(1) of that Act which is repealed by that Act, and
(b) include (where the context allows) an order under that subsection.
(5) In section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 (general definitions), in the definition of “community service order”—
(a) for “service” there is substituted “ punishment ”,
(b) for the words from “means” to the first mention of “above” there is substituted “ has the meaning given by section 44 of the Criminal Justice and Court Services Act 2000 ”,
and that definition is moved to follow the definition of “community order”.
45 Combination orders renamed community punishment and rehabilitation orders.
(1) An order under subsection (1) of section 51 of the Powers of Criminal Courts (Sentencing) Act 2000 (combination orders), whenever made, is to be referred to as a community punishment and rehabilitation order.
(2) References in any enactment, instrument or document to a community punishment and rehabilitation order include (where the context allows) an order under any provision corresponding to that subsection which is repealed by that Act.
(3) Accordingly—
(a) in subsection (2) of that section, for “ “combination order”” there is substituted “ “community punishment and rehabilitation order” ”, but
(b) paragraph 1(3) of Schedule 11 to that Act (general transitional provisions) does not apply to that subsection as amended by this.
(4) References in any enactment, instrument or document to a combination order—
(a) are to an order under any provision corresponding to section 51(1) of that Act which is repealed by that Act, and
(b) include (where the context allows) an order under that subsection.
(5) In section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 (general definitions), at the appropriate place there is inserted—
“community punishment and rehabilitation order” has the meaning given by section 45 of the Criminal Justice and Court Services Act 2000
.
52 Community sentences: electronic monitoring of requirements.
After section 36A of the Powers of Criminal Courts (Sentencing) Act 2000 there is inserted—
Electronic monitoring of requirements in community orders.
36B (1) Subject to subsections (2) to (4) below, a community order may include requirements for securing the electronic monitoring of the offender’s compliance with any other requirements imposed by the order.
(2) A court shall not include in a community order a requirement under subsection (1) above unless the court—
(a) has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant areas specified in subsections (7) to (10) below; and
(b) is satisfied that the necessary provision can be made under those arrangements.
(3) Where—
(a) it is proposed to include in an exclusion order a requirement for securing electronic monitoring in accordance with this section; but
(b) there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,
the requirement shall not be included in the order without that person’s consent.
(4) Where—
(a) it is proposed to include in a community rehabilitation order or a community punishment and rehabilitation order a requirement for securing the electronic monitoring of the offender’s compliance with a requirement such as is mentioned in paragraph 8(1) of Schedule 2 to this Act; but
(b) there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,
the requirement shall not be included in the order without that person’s consent.
(5) An order which includes requirements under subsection (1) above shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.
(6) The Secretary of State may make rules for regulating—
(a) the electronic monitoring of compliance with requirements included in a community order; and
(b) without prejudice to the generality of paragraph (a) above, the functions of persons made responsible for securing the electronic monitoring of compliance with requirements included in the order.
(7) In the case of a curfew order or an exclusion order, the relevant area is the area in which the place proposed to be specified in the order is situated.
In this subsection, “place”, in relation to an exclusion order, has the same meaning as in section 40A below.
(8) In the case of a community rehabilitation order or a community punishment and rehabilitation order, the relevant areas are each of the following—
(a) where it is proposed to include in the order a requirement for securing compliance with a requirement such as is mentioned in sub-paragraph (1) of paragraph 7 of Schedule 2 to this Act, the area mentioned in sub-paragraph (5) of that paragraph;
(b) where it is proposed to include in the order a requirement for securing compliance with a requirement such as is mentioned in sub-paragraph (1) of paragraph 8 of that Schedule, the area mentioned in sub-paragraph (5) of that paragraph;
(c) where it is proposed to include in the order a requirement for securing compliance with any other requirement, the area proposed to be specified under section 41(3) below.
(9) In the case of a community punishment order, a drug treatment and testing order, a drug abstinence order, a supervision order or an action plan order, the relevant area is the petty sessions area proposed to be specified in the order.
(10) In the case of an attendance centre order, the relevant area is the petty sessions area in which the attendance centre proposed to be specified in the order is situated.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In section 34 of the Police and Criminal Evidence Act 1984 (limitations on police detention), for subsection (5)(b) there is substituted—
(b) that, in respect of any such matter, proceedings may be taken against him or he may be reprimanded or warned under section 65 of the Crime and Disorder Act 1998
.
(1) The Police and Criminal Evidence Act 1984 is amended in accordance with subsections (2) to (4).
(2) After section 63A there is inserted—
Testing for presence of Class A drugs.
63B (1) A sample of urine or a non-intimate sample may be taken from a person in police detention for the purpose of ascertaining whether he has any specified Class A drug in his body if the following conditions are met.
(2) The first condition is—
(a) that the person concerned has been charged with a trigger offence; or
(b) that the person concerned has been charged with an offence and a police officer of at least the rank of inspector, who has reasonable grounds for suspecting that the misuse by that person of any specified Class A drug caused or contributed to the offence, has authorised the sample to be taken.
(3) The second condition is that the person concerned has attained the age of 18.
(4) The third condition is that a police officer has requested the person concerned to give the sample.
(5) Before requesting the person concerned to give a sample, an officer must—
(a) warn him that if, when so requested, he fails without good cause to do so he may be liable to prosecution, and
(b) in a case within subsection (2)(b) above, inform him of the giving of the authorisation and of the grounds in question.
(6) A sample may be taken under this section only by a person prescribed by regulations made by the Secretary of State by statutory instrument.
No regulations shall be made under this subsection unless a draft has been laid before, and approved by resolution of, each House of Parliament.
(7) Information obtained from a sample taken under this section may be disclosed—
(a) for the purpose of informing any decision about granting bail in criminal proceedings (within the meaning of the Bail Act 1976) to the person concerned;
(b) where the person concerned is in police detention or is remanded in or committed to custody by an order of a court or has been granted such bail, for the purpose of informing any decision about his supervision;
(c) where the person concerned is convicted of an offence, for the purpose of informing any decision about the appropriate sentence to be passed by a court and any decision about his supervision or release;
(d) for the purpose of ensuring that appropriate advice and treatment is made available to the person concerned.
(8) A person who fails without good cause to give any sample which may be taken from him under this section shall be guilty of an offence.
Testing for presence of Class A drugs: supplementary.
63C (1) A person guilty of an offence under section 63B above shall be liable on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding level 4 on the standard scale, or to both.
(2) A police officer may give an authorisation under section 63B above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
(3) If a sample is taken under section 63B above by virtue of an authorisation, the authorisation and the grounds for the suspicion shall be recorded as soon as is practicable after the sample is taken.
(4) If the sample is taken from a person detained at a police station, the matters required to be recorded by subsection (3) above shall be recorded in his custody record.
(5) Subsections (11) and (12) of section 62 above apply for the purposes of section 63B above as they do for the purposes of that section; and section 63B above does not prejudice the generality of sections 62 and 63 above.
(6) In section 63B above—
“Class A drug” and “misuse” have the same meanings as in the Misuse of Drugs Act 1971;
“specified” (in relation to a Class A drug) and “trigger offence” have the same meanings as in Part III of the Criminal Justice and Court Services Act 2000.
(3) In section 38 (duties of custody officer after charge)—
(a) in subsection (1)(a), after sub-paragraph (iii) there is inserted—
(iiia) in the case of a person who has attained the age of 18, the custody officer has reasonable grounds for believing that the detention of the person is necessary to enable a sample to be taken from him under section 63B below
,
(b) at the end of subsection (2) there is inserted “ but may not authorise a person to be kept in police detention by virtue of subsection (1)(a)(iiia) after the end of the period of six hours beginning when he was charged with the offence ”.
(4) At the end of section 66 (codes of practice) there is inserted—
(2) Codes shall (in particular) include provision in connection with the exercise by police officers of powers under section 63B above.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 4 of the Bail Act 1976 (general right to bail), after subsection (8) there is inserted—
(9) In taking any decisions required by Part I or II of Schedule 1 to this Act, the considerations to which the court is to have regard include, so far as relevant, any misuse of controlled drugs by the defendant (“controlled drugs” and “misuse” having the same meanings as in the Misuse of Drugs Act 1971).
62 Release on licence etc: electronic monitoring conditions.
(1) This section applies where a sentence of imprisonment has been imposed on a person and, by virtue of any enactment—
(a) the Secretary of State is required to, or may, release the person from prison, and
(b) the release is required to be, or may be, subject to conditions (whether conditions of a licence or any other conditions, however expressed).
(2) The conditions may include electronic monitoring conditions.
(2A) An electronic monitoring condition imposed under this section must include provision for making a person responsible for the monitoring.
(2B) A person may not be made responsible for the monitoring unless the person is of a description specified in an order made by the Secretary of State.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The Secretary of State may make rules about the conditions that may be imposed by virtue of this section.
(5) In this section, “sentence of imprisonment” includes—
(a) a detention and training order,
(b) a sentence of detention in a young offender institution,
(c) a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 259 of the Sentencing Code (detention at Her Majesty’s pleasure),
(d) a sentence of detention under section 91 of that Act or section 250 or 252A of that Code (detention of offenders under 18 convicted of certain serious offences),
(e) a sentence of custody for life under section 93 or 94 of that Act or section 272 or 275 of that Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006),, ...
(f) a sentence of detention under section 226 , 226B or 228 of the Criminal Justice Act 2003 or section 254 of the Sentencing Code (including one passed as a result of section 221 , 221A or 222 of the Armed Forces Act 2006)
(g) a sentence of detention under section 209 or 218 of the Armed Forces Act 2006, ...
(ga) a sentence of detention under section 71A(3) or (4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(3) or (4) of the Naval Discipline Act 1957,
(h) an order under section 211 of the Armed Forces Act 2006, , and
(i) a custodial order under—
(i) section 71AA of the Army Act 1955 or the Air Force Act 1955, or section 43AA of the Naval Discipline Act 1957, or
(ii) paragraph 10 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955, or paragraph 10 of Schedule 4A to the Naval Discipline Act 1957,
and “prison” shall be construed accordingly.
(5A) In this section “electronic monitoring condition” means a condition requiring the person to submit to either or both of the following—
(a) electronic monitoring of the person's compliance with another condition of release, and
(b) electronic monitoring of the person's whereabouts (other than for the purpose of monitoring compliance with another condition of release).
62A Release on licence etc: compulsory electronic monitoring conditions
(1) The Secretary of State may by order provide that the power under section 62 to impose an electronic monitoring condition must be exercised.
(2) An order under this section may—
(a) require an electronic monitoring condition to be included for so long as the person's release is required to be, or may be, subject to conditions or for a shorter period;
(b) make provision generally or in relation to a case described in the order.
(3) An order under this section may, in particular—
(a) make provision in relation to cases in which compliance with a condition imposed on a person's release is monitored by a person specified or described in the order;
(b) make provision in relation to persons selected on the basis of criteria specified in the order or on a sampling basis;
(c) make provision by reference to whether a person specified in the order is satisfied of a matter.
(4) An order under this section may not make provision about a case in which the sentence imposed on the person is—
(a) a detention and training order,
(b) a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 250 or 252A of the Sentencing Code (detention of offenders under 18 convicted of certain offences),
(c) a sentence of detention under section 209 of the Armed Forces Act 2006 (detention of offenders under 18 convicted of certain offences), ...
(ca) a sentence of detention under section 71A(4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(4) of the Naval Discipline Act 1957 (detention of offenders under 18 convicted of certain offences),
(d) an order under section 211 of the Armed Forces Act 2006 , or
(e) a custodial order under—
(i) section 71AA of the Army Act 1955 or the Air Force Act 1955, or section 43AA of the Naval Discipline Act 1957, or
(ii) paragraph 10 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955, or paragraph 10 of Schedule 4A to the Naval Discipline Act 1957.
(5) In this section, “electronic monitoring condition” has the same meaning as in section 62.
62B Data from electronic monitoring: code of practice
(1) The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of monitoring persons under electronic monitoring conditions imposed under section 62.
(2) A failure to observe a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.
64 Release on licence etc: drug testing requirements.
(1) This section applies where—
(a) the Secretary of State releases from prison a person aged 18 or over on whom a sentence of imprisonment has been imposed ... , and
(b) the release is subject to conditions (whether conditions of a licence or any other conditions, however expressed), ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Those conditions may include the following requirement.
(3) The requirement is that the person must provide, when instructed to do so by an officer of a local probation board , an officer of a provider of probation services or a person authorised by the Secretary of State, any sample mentioned in the instruction for the purpose of ascertaining whether he has any specified Class A drug or specified Class B drug in his body.
(4) The function of giving such an instruction is to be exercised in accordance with guidance given from time to time by the Secretary of State; and rules made by the Secretary of State may regulate the provision of samples in pursuance of such an instruction.
(5) In this section, “sentence of imprisonment” includes—
(a) a detention and training order,
(b) a sentence of detention in a young offender institution,
(c) a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 259 of the Sentencing Code (detention at Her Majesty’s pleasure),
(d) a sentence of detention under section 91 of that Act or section 250 or 252A of that Code (detention of offenders under 18 convicted of certain serious offences),
(e) a sentence of custody for life under section 93 or 94 of that Act or section 272 or 275 of that Code,
(g) a sentence of detention under section 209 or 218 of the Armed Forces Act 2006, ...
(ga) a sentence of detention under section 71A(3) or (4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(3) or (4) of the Naval Discipline Act 1957,
(h) an order under section 211 of the Armed Forces Act 2006 , and
(i) a custodial order under—
(i) section 71AA of the Army Act 1955 or the Air Force Act 1955, or section 43AA of the Naval Discipline Act 1957, or
(ii) paragraph 10 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955, or paragraph 10 of Schedule 4A to the Naval Discipline Act 1957,
and “prison” shall be construed accordingly.
(1) This section applies where—
(a) the Secretary of State releases a person serving a sentence of imprisonment (“the offender”) who is aged 18 or over,
(b) the release is subject to conditions (whether conditions of a licence or any other conditions, however expressed),
(c) an officer of a provider of probation services has recommended to the Secretary of State that a condition authorised by this section be imposed on the offender, and
(d) the Secretary of State is satisfied of the matters in subsection (2).
(2) Those matters are—
(a) that the misuse by the offender of a controlled drug caused or contributed to an offence of which the offender has been convicted or is likely to cause or contribute to the commission of further offences by the offender,
(b) that the offender is dependent on, or has a propensity to misuse, a controlled drug,
(c) that the dependency or propensity requires, and may be susceptible to, treatment, and
(d) that arrangements have been made, or can be made, for the offender to have treatment.
(3) The conditions mentioned in subsection (1)(b) may include a condition which requires the offender, in accordance with instructions given by an officer of a provider of probation services, to attend appointments with a view to addressing the offender's dependency on, or propensity to misuse, a controlled drug.
(4) The condition must specify—
(a) the person with whom the offender is to meet or under whose direction the appointments are to take place, and
(b) where the appointments are to take place.
(5) The person specified under subsection (4)(a) must be a person who has the necessary qualifications or experience.
(6) The only instructions that an officer of a provider of probation services may give for the purposes of the requirement are instructions as to—
(a) the duration of each appointment, and
(b) when each appointment is to take place.
(7) For the purposes of this section, references to a requirement to attend an appointment do not include a requirement to submit to treatment.
(8) In this section—
“controlled drug” has the same meaning as in the Misuse of Drugs Act 1971;
“sentence of imprisonment” does not include a detention and training order or an order under section 211 of the Armed Forces Act 2006 but does include—
a sentence of detention in a young offender institution,
a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 259 of the Sentencing Code (detention at Her Majesty's pleasure),
a sentence of detention under section 91 of that Act or section 250 or 252A of that Code (detention of offenders under 18 convicted of certain serious offences),
a sentence of custody for life under section 93 or 94 of that Act or section 272 or 275 of that Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006),
a sentence of detention under section 226, 226B or 228 of the Criminal Justice Act 2003 or section 254 of the Sentencing Code (including one passed as a result of section 221, 221A or 222 of the Armed Forces Act 2006),
a sentence of detention under section 209 of the Armed Forces Act 2006 or section 71A(4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(4) of the Naval Discipline Act 1957 (detention of offenders under 18 convicted of certain serious offences), and
a sentence of detention under section 218 of the Armed Forces Act 2006 or section 71A(3) of the Army Act 1955 or the Air Force Act 1955, or section 43A(3) of the Naval Discipline Act 1957 (detention at Her Majesty's pleasure).
65 Short-term prisoners: release subject to curfew conditions.
In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(d) there is inserted—
(da) the prisoner is subject to the notification requirements of Part I of the Sex Offenders Act 1997;
.
(1) In this Part—
“Class A drug” and “ Class B drug” have the same meaning as in the Misuse of Drugs Act 1971,
“specified”, in relation to a Class A drug or Class B drug, means specified by an order made by the Secretary of State,
“trigger offence” has the meaning given by Schedule 6.
(2) The Secretary of State may by order amend Schedule 6 so as to add, modify or omit any description of offence.
(3) In this Part (except in section 69), references to release include temporary release.
(4) In section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 (general definitions), at the appropriate places there are inserted—
“specified Class A drug” has the same meaning as in Part III of the Criminal Justice and Court Services Act 2000
,
“trigger offence” has the same meaning as in Part III of the Criminal Justice and Court Services Act 2000
.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Secretary of State may in accordance with this section make driver licensing information available for use by authorised persons for purposes relating to policing or law enforcement.
(2) The Secretary of State must in regulations made for the purposes of this section (“driver information regulations”) make provision about the making available of driver licensing information under this section.
(3) Driver information regulations must specify the circumstances in which information may be made available under this section.
(4) Driver information regulations may in particular make provision—
(a) specifying conditions that must be met for a person to be (or remain) authorised to receive information under this section;
(b) specifying conditions that must be met before information may be made available under this section;
(c) imposing requirements relating to the receipt and use of information made available under this section;
(d) restricting the kind of information that may be made available to, or the purposes for which information may be used by, specified descriptions of authorised persons;
(e) about the purposes for which, and the circumstances in which, information made available under this section may be further disclosed (including provision about the persons to whom it may be disclosed).
(5) Before making driver information regulations, the Secretary of State must consult—
(a) the Scottish Ministers,
(b) the Department of Justice in Northern Ireland,
(c) the National Police Chiefs’ Council,
(d) such persons as appear to the Secretary of State to represent the views of police and crime commissioners, and
(e) such other persons as the Secretary of State considers appropriate.
(6) The requirement in subsection (5) may be satisfied by consultation carried out wholly or partly before this section comes into force.
(7) The Secretary of State may not make driver information regulations in relation to Northern Ireland authorised persons without the consent of the Department of Justice in Northern Ireland.
(8) “Northern Ireland authorised persons” means authorised persons who—
(a) are under the direction and control of—
(i) the Chief Constable of the Police Service of Northern Ireland,
(ii) the Belfast Harbour Commissioners, or
(iii) Belfast International Airport Limited, or
(b) are officers of the Police Ombudsman for Northern Ireland.
(9) In this section—
“authorised person” has the meaning given in section 71A;
“driver licensing information” means any information held, in any form, by the Secretary of State for the purposes of Part 3 of the Road Traffic Act 1988.
(1) In section 71 “authorised person” means a person specified in the first column of the following table who is authorised by the person specified in the corresponding entry in the second column of the table to receive information under that section.
Person | Authorising officer
a constable | the person whose direction and control the constable is under
a member of civilian police staff | the person whose direction and control the member of civilian police staff is under
a police volunteer designated under section 38 of the Police Reform Act 2002 | the chief officer of police whose direction and control the police volunteer is under
a National Crime Agency officer | the Director General of the National Crime Agency
a member, or a member of the staff, of the Independent Office of Police Conduct | the Director General of the Independent Office of Police Conduct
a member of the staff of the Police Investigations and Review Commissioner | the Police Investigations and Review Commissioner
an officer of the Police Ombudsman for Northern Ireland | the Police Ombudsman for Northern Ireland
a member of a service police force, or any other person who is under the direction and control of a Provost Marshal | the relevant Provost Marshal
a person appointed as an investigating officer by, or a member of the staff of, the Service Police Complaints Commissioner | the Service Police Complaints Commissioner
Isle of Man
a member of the Isle of Man Constabulary, or an employee of the Isle of Man Public Services Commission | the Chief Constable of the Isle of Man Constabulary
an officer of customs and excise, or an immigration officer, of the Isle of Man | the Treasury Minister of the Isle of Man
a member of staff of the Financial Intelligence Unit of the Isle of Man | the Director of the Financial Intelligence Unit of the Isle of Man
Jersey
a member of the States of Jersey Police Force | the Chief Officer of the States of Jersey Police Force
a deputy Agent of the Impôts, or an officer of the Impôts, of the Bailiwick of Jersey | the Agent of the Impôts of the Bailiwick of Jersey
a member or employee of the Jersey Financial Intelligence Unit | the Director of the Jersey Financial Intelligence Unit
an employee of the Law Officers’ Department | His Majesty’s Attorney General for Jersey
Guernsey
a member of the salaried police force of the Island of Guernsey, or an employee of the States of Guernsey | the Chief Officer of the salaried police force of the Island of Guernsey
an officer of customs and excise, or an immigration officer, of the Bailiwick of Guernsey | the Chief Officer of Customs and Excise of the Bailiwick of Guernsey
a person authorised to exercise a function of the Director of the Economic and Financial Crime Bureau of the Bailiwick of Guernsey | the Director of the Economic and Financial Crime Bureau of the Bailiwick of Guernsey
a member of staff of the Financial Intelligence Unit of the Bailiwick of Guernsey | the Head of the Financial Intelligence Unit of the Bailiwick of Guernsey
Gibraltar
a member of the Royal Gibraltar Police | the Commissioner of the Royal Gibraltar Police
a member of the Gibraltar Defence Police | the Chief Officer of the Gibraltar Defence Police
a member of civilian staff in the Gibraltar Defence Police | the person whose direction and control the member of civilian staff is under
(2) In the table—
“member of civilian police staff” means a person who is not a constable but who—
is—
employed, or engaged to provide services, for the purposes of a body of constables, and
under the direction and control of a person who has the direction and control of a body of constables, or
is under the direction and control of the chief constable of the Ministry of Defence Police;
“officer”, in relation to the Police Ombudsman for Northern Ireland, means an officer of the Ombudsman within the meaning of Part 7 of the Police (Northern Ireland) Act 1998 (see section 50 of that Act);
“relevant Provost Marshal” means—
in relation to a member of a service police force—
the Provost Marshal of that service police force, or
in the case of a member of the tri-service serious crime unit described in section 375(1A) of the Armed Forces Act 2006, the Provost Marshal for serious crime;
in relation to any other person who is under the direction and control of a Provost Marshal, that Provost Marshal;
“service police force” has the same meaning as in the Armed Forces Act 2006 (see section 375(1) of that Act).
71B Code of practice about access to driver licensing information
(1) The Secretary of State may issue a code of practice about the receipt and use of information made available under section 71.
(2) The code may make different provision for different purposes or different areas.
(3) In preparing a code of practice, the Secretary of State must consult—
(a) the Scottish Ministers,
(b) the Department of Justice in Northern Ireland, and
(c) such other persons as the Secretary of State considers appropriate.
(4) The requirement in subsection (3) may be satisfied by consultation carried out wholly or partly before this section comes into force.
(5) The Secretary of State may revise a code of practice issued under this section; and subsection (3) applies in relation to revising a code as it applies in relation to preparing a code.
(6) The Secretary of State must lay before Parliament and publish any code of practice issued or revised under this section.
(7) Any person to whom information is made available under section 71 must have regard to any code of practice issued under this section.
(1) The Secretary of State must in relation to each calendar year prepare a report about the use of information made available under section 71.
This is subject to subsection (3) (period to which first report relates).
(2) The Secretary of State must publish each report before 1 July in the year following the year to which the report relates.
(3) The first report is to relate to the period beginning with the commencement day and ending at the end of the year in which that day falls.
(4) In subsection (3), “the commencement day” means the day on which section 181 of the Crime and Policing Act 2026 first comes into force for any purpose, other than the purposes of making regulations.
72 Failure to secure regular attendance at school.
(1) In section 444 of the Education Act 1996 (failure to secure regular attendance at school)—
(a) after subsection (1) there is inserted—
(1A) If in the circumstances mentioned in subsection (1) the parent knows that his child is failing to attend regularly at the school and fails without reasonable justification to cause him to do so, he is guilty of an offence.
,
(b) in subsection (8), for “this section” there is substituted “ subsection (1) ”,
(c) after that subsection there is inserted—
(8A) A person guilty of an offence under subsection (1A) is liable on summary conviction—
(a) to a fine not exceeding level 4 on the standard scale, or
(b) to imprisonment for a term not exceeding three months,
or both.
(8B) If, on the trial of an offence under subsection (1A), the court finds the defendant not guilty of that offence but is satisfied that he is guilty of an offence under subsection (1), the court may find him guilty of that offence.
(2) This section does not apply to an offence committed before the section comes into force.
In section 8(8) of the Crime and Disorder Act 1998 (parenting orders: persons who may be specified as the responsible officer), after paragraph (b) there is inserted—
(bb) a person nominated by a person appointed as chief education officer under section 532 of the Education Act 1996
.