Legislation – Police, Crime, Sentencing and Courts Act 2022

PART 1
Protection of the police etc

1 Police covenant report

2 Increase in penalty for assault on emergency worker

3 Required life sentence for manslaughter of emergency worker

4 Special constables and Police Federations: amendments to the Police Act 1996

5 Meaning of dangerous driving: constables etc

6 Meaning of careless driving: constables etc

7 Regulations relating to sections 5 and 6

PART 2
Prevention, investigation and prosecution of crime

CHAPTER 1 Functions relating to serious violence

Functions relating to serious violence

8 Duties to collaborate and plan to prevent and reduce serious violence

9 Powers to collaborate and plan to prevent and reduce serious violence

10 Power to authorise collaboration etc. with other persons

11 Specified authorities and local government areas

12 Educational, prison and youth custody authorities

13 Preventing and reducing serious violence

Exercise of functions

14 Involvement of local policing bodies

15 Involvement of educational, prison and youth custody authorities

16 Disclosure of information

17 Supply of information to local policing bodies

Amendments to the Crime and Disorder Act 1998 etc

20 Amendments to the Crime and Disorder Act 1998

21 Amendment to the Police and Justice Act 2006

23 Index of defined expressions

CHAPTER 2 Offensive weapons homicide reviews

24 Duty to arrange a review

25 Relevant review partners

26 Relationship with other review requirements

27 Notification of Secretary of State

28 Conduct of review

30 Information: supplementary

31 Delegating functions

33 Power to pay grant: local health boards

36 Interpretation

CHAPTER 3 Extraction of information from electronic devices

37 Extraction of information from electronic devices: investigations of crime etc

38 Application of section 37 to children and adults without capacity

39 Requirements for voluntary provision and agreement

40 Application of section 37 where user has died etc

41 Extraction of information from electronic devices: investigations of death

42 Code of practice about the extraction of information

43 Confidential information

44 Authorised persons

CHAPTER 4 Other provisions

Pre-charge bail

45 Pre-charge bail

Sexual offences

46 Arranging or facilitating commission of a child sex offence

47 Positions of trust

48 Voyeurism: breast-feeding

49 Time limit for prosecution of common assault or battery in domestic abuse cases

Criminal damage to memorials

50 Criminal damage to memorials: mode of trial

Overseas production orders

51 Overseas production orders

Amendments to the Police and Criminal Evidence Act 1984 etc

52 Power to photograph certain persons at a police station

53 Power to specify date of attendance at police station for fingerprinting etc

54 PACE etc powers for food crime officers

Search for material relating to human remains

55 Entry and search of premises for human remains or material relating to human remains

56 Special procedure for access to material relating to human remains

57 Additional seizure powers

Prisoner custody officers

58 Functions of prisoner custody officers in relation to live link hearings

Proceeds of crime

59 Proceeds of crime: account freezing orders

Non-criminal hate incidents

60 Code of practice relating to non-criminal hate incidents

61 Further provision about a code of practice under section 60

Offences relating to hares etc

62 Increase in penalty for offences related to game etc

63 Trespass with intent to search for or to pursue hares with dogs etc

64 Being equipped for searching for or pursuing hares with dogs etc

65 Recovery order on conviction for certain offences involving dogs

66 Disqualification order on conviction for certain offences involving dogs

67 Seizure and disposal of dogs in connection with disqualification order

68 Termination of disqualification order

69 Section 67: supplementary

70 Disqualification orders: appeals

Administering a substance with intent to cause harm

71 Administering a substance with intent to cause harm

Offences motivated by hostility based on sex or gender

72 Response to Law Commission report on hate crime laws

PART 3
Public order

73 Imposing conditions on public processions

74 Imposing conditions on public assemblies

75 Offences under sections 12 and 14 of the Public Order Act 1986

76 Obstruction of vehicular access to Parliament

77 Power to specify other areas as controlled areas

78 Intentionally or recklessly causing public nuisance

79 Imposing conditions on one-person protests

80 Wilful obstruction of highway

81 Repeal of the Vagrancy Act 1824 etc

82 Expedited public spaces protection orders

PART 4
Unauthorised encampments

83 Offence relating to residing on land without consent in or with a vehicle

84 Amendments to existing powers

85 Guidance on exercise of police powers in respect of trespassers on land etc

PART 5
Road traffic

86 Causing death by dangerous driving or careless driving when under the influence of drink or drugs: increased penalties

87 Causing serious injury by careless, or inconsiderate, driving

88 Road traffic offences: minor and consequential amendments

89 Courses offered as alternative to prosecution: fees etc

90 Charges for removal, storage and disposal of vehicles

91 Production of licence to the court

92 Surrender of licence to Secretary of State where disqualified

93 Removal of requirement to surrender licence where fixed penalty notice

94 Removal of requirement to deliver up licence where conditional offer

95 Surrender of licences and test certificates by new drivers

96 Minor and consequential amendments

97 Power to issue fixed penalty notices on-the-spot in Scotland

PART 6
Cautions

98 Diversionary and community cautions

99 Giving a diversionary caution

100 Deciding on the conditions

101 Rehabilitation and reparation conditions

102 Financial penalty conditions

103 Foreign offenders’ conditions

104 Variation of conditions

105 Effect of diversionary caution

106 Arrest for failure to comply

107 Application of Police and Criminal Evidence Act 1984

108 Giving a community caution

109 Deciding on the conditions

110 Rehabilitation and reparation conditions

111 Financial penalty conditions

112 Enforcement of financial penalties: registration

113 Enforcement of financial penalties: court proceedings

114 Variation of conditions

115 Effect of community caution

116 Code of practice

117 Restriction on multiple cautions

118 Abolition of other cautions and out-of-court disposals

119 Consequential amendments relating to Part 6

120 Regulations under Part 6

121 Interpretation of Part 6

PART 7
Sentencing and release

CHAPTER 1 Custodial sentences

Penalties for offences involving children or vulnerable adults

122 Penalty for cruelty to children

123 Penalty for causing or allowing a child or vulnerable adult to die or suffer serious physical harm

Minimum sentences for particular offences

124 Minimum sentences for particular offences

Life sentences: time to be served

125 Whole life order as starting point for premeditated child murder

126 Whole life orders for young adult offenders in exceptional cases

127 Starting points for murder committed when under 18

128 Sentences of detention during Her Majesty’s pleasure: review of minimum term

129 Life sentence not fixed by law: minimum term

Release on licence

130 Increase in requisite custodial period for certain violent or sexual offenders

131 Increase in requisite custodial period for certain other offenders of particular concern

132 Power to refer high-risk offenders to Parole Board in place of automatic release

133 Power to make provision for reconsideration and setting aside of Parole Board decisions

134 Responsibility for setting licence conditions for fixed-term prisoners

135 Repeal of uncommenced provision for establishment of recall adjudicators

136 Release at direction of Parole Board after recall: fixed-term prisoners

137 Power to change test for release of fixed-term prisoners following recall

138 Imprisonment for public protection etc: duty to refer person released on licence to Parole Board

139 Release at direction of Parole Board: timing

Driving disqualification: extension in connection with custodial sentence

140 Extension of driving disqualification where custodial sentence imposed: England and Wales

141 Increase in driving disqualification periods under certain existing orders: England and Wales

142 Extension of driving disqualification where custodial sentence imposed: Scotland

143 Increase in driving disqualification periods under certain existing orders: Scotland

Minor amendments

144 Calculation of period before release or Parole Board referral where multiple sentences being served

145 Application of release provisions to repatriated prisoners

146 Sentences and offences in respect of which polygraph condition may be imposed

147 Minor amendments to do with weapons-related offences

148 Application of provision about minimum terms to service offences

CHAPTER 2 Community sentences

Community and suspended sentence orders

149 Supervision by responsible officer

150 Increases in maximum daily curfew hours and curfew requirement period

151 Power for responsible officer to vary curfew requirements etc

152 Removal of attendance centre requirements for adults

153 Special procedures relating to review and breach

154 Drug testing requirement

Unpaid work requirements

155 Duty to consult on unpaid work requirements

CHAPTER 3 Assaults on those providing a public service etc

156 Assaults on those providing a public service etc

PART 8
Youth justice

157 Youth remand

158 Discretion as to length of term

159 Consecutive detention and training order and sentence of detention: effect of early release decision

160 Detention and training orders: time to count as served

161 Youth rehabilitation orders

162 Abolition of reparation orders

PART 9
Secure children’s homes and secure 16 to 19 Academies

163 Temporary release from secure children’s homes

164 Secure 16 to 19 Academies

PART 10
Management of offenders

CHAPTER 1 Serious violence reduction orders

165 Serious violence reduction orders

166 Serious violence reduction orders: piloting

CHAPTER 2 Knife crime prevention orders

167 Knife crime prevention order on conviction: adjournment of proceedings

CHAPTER 3 Management of sex offenders

Notification requirements

168 Locations for sexual offender notification

169 Offences outside the United Kingdom: notification requirements

170 Notification orders: Scotland

Sexual harm prevention orders and sexual risk orders

171 Applications by British Transport Police and Ministry of Defence Police

172 List of countries

173 Requirement for courts and certain persons to have regard to the list of countries

174 Standard of proof

175 Sexual harm prevention orders: power to impose positive requirements

176 Sexual risk orders: power to impose positive requirements

177 Positive requirements: further amendments

178 Electronic monitoring requirements

179 Positive requirements and electronic monitoring requirements: service courts

Orders made in different parts of the United Kingdom

180 Enforcement of requirements of orders made in Scotland or Northern Ireland

181 Effect of conviction for breach of Scottish order etc

182 Orders superseding, or superseded by, Scottish orders

183 Variation etc of order by court in another part of the United Kingdom

CHAPTER 4 Management of terrorist offenders

184 Terrorist offenders released on licence: arrest without warrant pending recall decision

185 Power to search terrorist offenders released on licence

186 Search of premises of offender released on licence for purposes connected with protection from risk of terrorism

187 Powers of seizure and retention

188 Sections 184 to 187: consequential provision

189 Arrangements for assessing etc risks posed by certain offenders

CHAPTER 5 Football banning orders

190 Football banning orders: relevant offences

191 Football banning orders: power to amend list of relevant offences

192 Football banning orders: requirement to make order on conviction etc

PART 11
Rehabilitation of offenders

193 Rehabilitation of offenders

PART 12
Disregards and pardons for certain historical offences

194 Disregard of certain convictions or cautions

195 Pardons for certain convictions or cautions

PART 13
Procedures in courts and tribunals

196 British Sign Language interpreters for deaf jurors

197 Continuation of criminal trial on death or discharge of a juror

198 Remote observation and recording of court and tribunal proceedings

199 Offence of recording or transmission in relation to remote proceedings

200 Expansion of use of video and audio links in criminal proceedings

201 Repeal of temporary provision

202 Expedited procedure for initial regulations about remote observation of proceedings

PART 14
Final provisions

203 Financial provision

204 Minor amendments arising out of sentencing consolidation

205 Power to make consequential provision

206 Power to state effect in Sentencing Act 2020 of commencement of amendments made by this Act

208 Commencement

209 Short title

SCHEDULES

SCHEDULE 1 Specified authorities and local government areas

SCHEDULE 2 Educational, prison and youth custody authorities

SCHEDULE 3 Extraction of information from electronic devices: authorised persons

SCHEDULE 4 Pre-charge bail

SCHEDULE 5 Overseas production orders

SCHEDULE 6 Special procedure for access to material relating to human remains

SCHEDULE 7 Expedited public spaces protection orders

SCHEDULE 8 Road traffic offences: minor and consequential amendments

SCHEDULE 9 Surrender of licences and test certificates by new drivers

SCHEDULE 10 Surrender of licences: minor and consequential amendments

SCHEDULE 11 Cautions: consequential amendments

SCHEDULE 12 Minimum sentences for particular offences: consequential amendments

SCHEDULE 13 Removal of attendance centre requirements for adults: related amendments

SCHEDULE 14 Community and suspended sentence orders: special procedures relating to review and breach

SCHEDULE 15 Community and suspended sentence orders: drug testing requirement

SCHEDULE 16 Detention and training orders: time to count as served

SCHEDULE 17 Youth rehabilitation orders

SCHEDULE 18 Variation etc of order by court in another part of the United Kingdom

SCHEDULE 19 Management of terrorist offenders: provision consequential on sections 184 to 187

SCHEDULE 20 Further provision about video and audio links in criminal proceedings

SCHEDULE 21 Minor amendments in relation to the sentencing consolidation

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

Police, Crime, Sentencing and Courts Act 2022, Section 40 is up to date with all changes known to be in force on or before 03 November 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

PART 2Prevention, investigation and prosecution of crime

CHAPTER 3Extraction of information from electronic devices

40Application of section 37 where user has died etc

(1)

If any of conditions A to C is met, an authorised person may exercise the power in section 37(1) to extract information stored on an electronic device from that device even though—

(a)

the device has not been voluntarily provided to an authorised person by a user of the device, or

(b)

no user of the device has agreed to the extraction of information from the device by an authorised person.

(2)

Condition A is that—

(a)

a person who was a user of the electronic device has died, and

(b)

the person was a user of the device immediately before their death.

(3)

Condition B is that—

(a)

a user of the electronic device is a child or an adult without capacity, and

(b)

an authorised person reasonably believes that the user’s life is at risk or there is a risk of serious harm to the user.

(4)

Condition C is that—

(a)

a person who was a user of the electronic device is missing,

(b)

the person was a user of the device immediately before they went missing, and

(c)

an authorised person reasonably believes that the person’s life is at risk or there is a risk of serious harm to the person.

(5)

The exercise of the power in subsection (1) of section 37 by virtue of this section is subject to that section.