Legislation – Police, Crime, Sentencing and Courts Act 2022

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Introduction

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

18 Directions

19 Guidance

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

General

22 Regulations

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

29 Information

30 Information: supplementary

31 Delegating functions

32 Guidance

33 Power to pay grant: local health boards

34 Piloting

35 Regulations

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

Domestic abuse

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

207 Extent

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

Changes to legislation:

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PART 2Prevention, investigation and prosecution of crime

CHAPTER 1Functions relating to serious violence

Functions relating to serious violence

I14I188Duties to collaborate and plan to prevent and reduce serious violence

1

The specified authorities for a local government area must collaborate with each other to prevent and reduce serious violence in the area.

2

The duty imposed on the specified authorities for a local government area by subsection (1) includes a duty to plan together to exercise their functions so as to prevent and reduce serious violence in the area.

3

In particular, the specified authorities for a local government area must—

a

identify the kinds of serious violence that occur in the area,

b

identify the causes of serious violence in the area, so far as it is possible to do so, and

c

prepare and implement a strategy for exercising their functions to prevent and reduce serious violence in the area.

4

In preparing a strategy under this section for a local government area, the specified authorities for the area must ensure that the following are consulted—

a

each educational authority for the area;

b

each prison authority for the area;

c

each youth custody authority for the area.

5

A strategy under this section for a local government area may specify an action to be carried out by—

a

an educational authority for the area,

b

a prison authority for the area, or

c

a youth custody authority for the area.

See section 15 for further provision about the duties of such authorities in relation to such actions.

6

In preparing a strategy under this section for a local government area, the specified authorities for the area may invite participation from—

a

in the case of a strategy for a local government area in England, a person of a description for the time being prescribed by order of the Secretary of State under section 5(3) of the Crime and Disorder Act 1998;

b

in the case of a strategy for a local government area in Wales, a person of a description for the time being prescribed by order of the Welsh Ministers under section 5(3) of that Act.

7

Once a strategy has been prepared under this section for a local government area, the specified authorities for the area must—

a

publish the strategy,

b

keep the strategy under review, and

c

from time to time prepare and implement a revised strategy.

8

A strategy under this section must not include any material that the specified authorities consider—

a

might jeopardise the safety of any person,

b

might prejudice the prevention or detection of crime or the investigation or prosecution of an offence, or

c

might compromise the security of, or good order or discipline within, an institution of a kind mentioned in the first column of a table in Schedule 2.

9

A strategy under this section may cover an area that is wider than a local government area if it is also prepared in the exercise of the powers in section 9.

10

The Secretary of State may by regulations make further provision for or in connection with the publication and dissemination of a strategy under this section.

11

References in subsections (4) to (10) to a strategy under this section include a revised strategy.

12

This section does not affect any power of a specified authority to collaborate or plan apart from this section.

13

For provisions about the interpretation of this section, see—

a

section 11 and Schedule 1 (specified authorities and local government areas);

b

section 12 and Schedule 2 (educational, prison and youth custody authorities);

c

section 13 (preventing and reducing serious violence).

Annotations:
Commencement Information
I14

S. 8 in force at Royal Assent for specified purposes, see s. 208(4)(b)

I18

S. 8 in force at 31.1.2023 in so far as not already in force by S.I. 2022/1227, reg. 4(a)

I22I89Powers to collaborate and plan to prevent and reduce serious violence

1

Two or more specified authorities may collaborate with each other to prevent and reduce serious violence in a relevant area.

2

The power conferred on specified authorities by subsection (1) includes a power to plan together to exercise their functions so as to prevent and reduce serious violence in a relevant area.

3

In particular, the specified authorities may—

a

identify the kinds of serious violence that occur in a relevant area,

b

identify the causes of serious violence in the area, and

c

prepare and implement a strategy for exercising their functions to prevent and reduce serious violence in the area.

4

In preparing a strategy under this section for a relevant area, the specified authorities preparing the strategy must ensure that the following are consulted—

a

every other specified authority for the area;

b

each educational authority for the area;

c

each prison authority for the area;

d

each youth custody authority for the area.

5

A strategy under this section for a relevant area may specify actions to be carried out by—

a

an educational authority for the area,

b

a prison authority for the area, or

c

a youth custody authority for the area.

See section 15 for further provision about the duties of such authorities in relation to such actions.

6

In preparing a strategy under this section for a relevant area, the specified authorities for the area may invite participation from—

a

in the case of a strategy for a relevant area in England, an eligible person for the time being prescribed by order of the Secretary of State under section 5(3) of the Crime and Disorder Act 1998;

b

in the case of a strategy for a relevant area in Wales, an eligible person for the time being prescribed by order of the Welsh Ministers under section 5(3) of that Act;

c

in the case of a strategy for a relevant area partly in England and partly in Wales, an eligible person for the time being prescribed by order of the Secretary of State or the Welsh Ministers under section 5(3) of that Act.

7

For the purposes of subsection (6), an eligible person is—

a

where a person is prescribed in terms of a description which includes a connection to a local government area, a person of that description with such a connection to a local government area all or part of which coincides with or falls within the relevant area, or

b

a person prescribed in terms that do not refer to a connection with a local government area.

In this subsection “local government area” has the same meaning as in section 5 of the Crime and Disorder Act 1998 (see subsection (4) of that section).

8

Once a strategy has been prepared under this section for a relevant area, the specified authorities for the area—

a

must publish the strategy,

b

may keep the strategy under review, and

c

may from time to time prepare and implement a revised strategy.

9

A strategy under this section must not include any material that the specified authorities consider—

a

might jeopardise the safety of any person,

b

might prejudice the prevention or detection of crime or the investigation or prosecution of an offence, or

c

might compromise the security of, or good order or discipline within, an institution of a kind mentioned in the first column of a table in Schedule 2.

10

The Secretary of State may by regulations make further provision for or in connection with the publication and dissemination of a strategy under this section.

11

References in subsections (4) to (10) to a strategy under this section include a revised strategy.

12

This section does not affect any power of a specified authority to collaborate or plan apart from this section.

13

In this Chapter “relevant area”, in relation to a specified authority, educational authority, prison authority or youth custody authority means an area made up of—

a

all or part of a local government area for which it is a specified authority, educational authority, prison authority or youth custody authority, and

b

all or part of one or more other local government areas (regardless of whether, in the case of a specified authority or educational authority, it is also a specified authority or educational authority for the other area or areas).

14

For further provisions about the interpretation of this section, see—

a

section 11 and Schedule 1 (specified authorities and local government areas);

b

section 12 and Schedule 2 (educational, prison and youth custody authorities);

c

section 13 (preventing and reducing serious violence).

Annotations:
Commencement Information
I22

S. 9 in force at Royal Assent for specified purposes, see s. 208(4)(b)

I8

S. 9 in force at 31.1.2023 in so far as not already in force by S.I. 2022/1227, reg. 4(b)

I28I2310Power to authorise collaboration etc. with other persons

1

The Secretary of State may by regulations—

a

confer powers on a specified authority to collaborate with a prescribed person to prevent and reduce serious violence in a prescribed area;

b

confer powers on a prescribed person to collaborate with a specified authority to prevent and reduce serious violence in a prescribed area.

2

The Secretary of State may by regulations authorise the disclosure of information—

a

by a prescribed person to any person listed in subsection (3) for the purposes of preventing and reducing serious violence in a prescribed area;

b

by any person listed in subsection (3) to a prescribed person for such purposes.

3

Those persons are—

a

a specified authority;

b

a local policing body;

c

an educational authority;

d

a prison authority;

e

a youth custody authority.

4

Regulations under subsection (2) may provide that a disclosure under the regulations 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

But if regulations under subsection (2) contain provision under subsection (4)(b), they must provide that they do not authorise a disclosure of information that—

a

would contravene the data protection legislation (but in determining whether a disclosure would do so, any power conferred by the regulations is to be taken into account), or

b

is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

6

Regulations under subsection (2) must not authorise—

a

the disclosure of patient information, or

b

the disclosure of personal information by a specified authority which is a health or social care authority.

7

This section does not affect any power to collaborate or to disclose information apart from regulations under this section.

8

In this section, “prescribed” means prescribed, or of a description prescribed, in regulations under this section.

9

Regulations under this section may, in particular, prescribe persons by reference to the fact that they have been invited under section 8(6) or 9(6) to participate in the preparation of a strategy under section 8 or 9.

10

In this Chapter—

  • the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

  • health or social care authority” means a specified authority which is listed in the first column of the table headed “Health and social care” in Schedule 1;

  • patient information” means personal information (however recorded) which relates to—

    1. a

      the physical or mental health or condition of an individual,

    2. b

      the diagnosis of an individual’s condition, or

    3. c

      an individual’s care or treatment,

    or is (to any extent) derived directly or indirectly from information relating to any of those matters;

  • personal information” means information which is in a form that identifies any individual or enables any individual to be identified (either by itself or in combination with other information).

Annotations:
Commencement Information
I28

S. 10 in force at Royal Assent for specified purposes, see s. 208(4)(b)

I23

S. 10 in force at 31.1.2023 in so far as not already in force by S.I. 2022/1227, reg. 4(c)

I16I2911Specified authorities and local government areas

1

In this Chapter “specified authority” means a person listed in the first column of a table in Schedule 1.

2

Subsection (3) applies to a specified authority listed in Schedule 1 in terms that refer to the exercise of particular functions or to a particular capacity that it has.

3

References in this Chapter to the authority’s functions are to those functions or its functions when acting in that capacity.

4

In this Chapter “local government area” means—

a

in relation to England, a district, a London borough, the City of London or the Isles of Scilly;

b

in relation to Wales, a county or county borough.

5

For the purposes of this Chapter the Inner Temple and the Middle Temple form part of the City of London.

6

For the purposes of this Chapter a specified authority listed in a table in Schedule 1 is an authority for the local government area or (as the case may be) each local government area listed in the corresponding entry in the second column of the table.

7

The Secretary of State may by regulations amend Schedule 1 by adding, modifying or removing a reference to a specified authority or a local government area.

Annotations:
Commencement Information
I16

S. 11 in force at Royal Assent for specified purposes, see s. 208(4)(b)

I29

S. 11 in force at 31.1.2023 in so far as not already in force by S.I. 2022/1227, reg. 4(d)

I27I2412Educational, prison and youth custody authorities

1

In this Chapter—

  • educational authority” means a person listed in the first column of the first table in Schedule 2;

  • prison authority” means a person listed in the first column of the second table in Schedule 2;

  • youth custody authority” means a person listed in the first column of the third table in Schedule 2.

2

For the purposes of this Chapter an educational authority, prison authority or a youth custody authority listed in a table in Schedule 2 is an authority for the local government area or (as the case may be) each local government area listed in the corresponding entry in the second column of the table.

3

The Secretary of State may by regulations amend Schedule 2 by adding, modifying or removing an entry in a table in that Schedule.

Annotations:
Commencement Information
I27

S. 12 in force at Royal Assent for specified purposes, see s. 208(4)(b)

I24

S. 12 in force at 31.1.2023 in so far as not already in force by S.I. 2022/1227, reg. 4(e)

I2013Preventing and reducing serious violence

1

In this Chapter—

a

references to preventing serious violence in an area are to preventing people from becoming involved in serious violence in the area, and

b

references to reducing serious violence in an area are to reducing instances of serious violence in the area.

2

The reference in subsection (1)(a) to becoming involved in serious violence includes becoming a victim of serious violence.

3

In this Chapter “violence”—

a

includes, in particular—

i

domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),

ii

sexual offences,

iii

violence against property, and

iv

threats of violence;

b

does not include terrorism (within the meaning of the Terrorism Act 2000 (see section 1(1) to (4) of that Act)).

4

In subsection (3)(a)(ii), “sexual offence” means an offence under the law of England and Wales which is for the time being specified in Schedule 3 to the Sexual Offences Act 2003, other than the offence specified in paragraph 14 of that Schedule (fraudulent evasion of excise duty).

5

In determining for the purposes of subsection (4) whether an offence is specified in Schedule 3 to the Sexual Offences Act 2003, any limitation in that Schedule referring to the circumstances of a particular case (including the sentence imposed) is to be disregarded.

6

In considering whether violence in an area amounts to serious violence for the purposes of this Chapter, account must be taken in particular of the following factors—

a

the maximum penalty which could be imposed for the offence (if any) involved in the violence,

b

the impact of the violence on any victim,

c

the prevalence of the violence in the area, and

d

the impact of the violence on the community in the area.

Annotations:
Commencement Information
I20

S. 13 in force at Royal Assent, see s. 208(4)(c)

Exercise of functions

I9I1914Involvement of local policing bodies

1

A local policing body for a police area may assist a specified authority in the exercise of—

a

the authority’s functions under or in accordance with section 8 in relation to a local government area which coincides with or falls within the police area, or

b

the authority’s functions under or in accordance with section 9 in relation to a relevant area which, or any part of which, coincides with or falls within the police area.

2

A local policing body for a police area may—

a

monitor the exercise by specified authorities of their functions under or in accordance with section 8 in relation to a local government area which coincides with or falls within the police area, or

b

monitor the exercise by specified authorities of their functions under or in accordance with section 9 in relation to a relevant area which, or any part of which, coincides with or falls within the police area.

3

A local policing body may report its findings under subsection (2) to the Secretary of State.

4

The Secretary of State may by regulations make provision conferring functions on a local policing body for a police area for the purposes of subsection (1).

5

Provision under subsection (4) may include provision—

a

for a local policing body to provide funding to a specified authority,

b

for a local policing body to arrange for meetings to be held for the purpose of assisting the exercise by specified authorities of their functions under or in accordance with section 8 or 9,

c

for the local policing body or a representative of the body to chair the meetings, and

d

for such descriptions and numbers of persons as the local policing body may specify to be required to attend the meetings.

6

If a local policing body acts under subsection (1) or (2), or under regulations under subsection (4), in relation to the exercise by a specified authority of its functions under or in accordance with section 8 or 9, the authority must co-operate with the body.

7

References in this Chapter (however expressed) to a specified authority exercising functions in accordance with section 8 or 9 are to the authority exercising functions conferred on it apart from this Chapter in accordance with the section in question.

Annotations:
Commencement Information
I9

S. 14 in force at Royal Assent for specified purposes, see s. 208(4)(d)

I19

S. 14 in force at 31.1.2023 in so far as not already in force by S.I. 2022/1227, reg. 4(f)

I26I1315Involvement of educational, prison and youth custody authorities

1

An educational, prison or youth custody authority (a “relevant authority”) for a local government area and a specified authority for that area may collaborate with each other to prevent and reduce serious violence in that area.

2

A relevant authority for a relevant area and a specified authority for that area may collaborate with each other to prevent and reduce serious violence in that area.

3

A relevant authority and a specified authority must collaborate with each other as mentioned in subsection (1) or (2) if either the relevant authority or the specified authority requests the other to do so.

4

A relevant authority must carry out any actions which are specified under section 8(5) or 9(5) as actions to be carried out by the authority.

5

A relevant authority for a local government area—

a

may collaborate with another relevant authority for that area to prevent and reduce serious violence in that area, and

b

must collaborate with another relevant authority for that area for those purposes if requested by that other relevant authority to do so.

6

A relevant authority (“RA1”) may collaborate with another relevant authority (“RA2”) to prevent and reduce serious violence in an area which is made up of—

a

all or part of the local government area for which RA1 is a relevant authority, and

b

all or part of the local government area for which RA2 is a relevant authority.

7

A relevant authority is not subject to a duty in subsection (3), (4) or (5)(b), and a specified authority is not subject to a duty in subsection (3), if or to the extent that compliance with the duty—

a

would be incompatible with any other duty of the authority imposed by an enactment (other than subsection (5)(b)),

b

would otherwise have an adverse effect on the exercise of the authority’s functions,

c

would be disproportionate to the need to prevent and reduce serious violence in the area to which the duty relates, or

d

would mean that the authority incurred unreasonable costs.

8

In determining whether subsection (7) applies to an authority, the cumulative effect of complying with duties under this section must be taken into account.

9

Subsection (7) or (8) does not apply in relation to the duty of a relevant authority to collaborate with a specified authority under subsection (3) to the extent that it relates to—

a

the exercise by the specified authority of its function under subsection (3)(a) or (b) of section 8 of identifying the kinds or causes of serious violence in an area or its function of preparing a strategy under subsection (3)(c) of that section, or

b

the exercise by the specified authority of its function under subsection (3)(a) or (b) of section 9 of identifying the kinds or causes of serious violence in an area or its function of preparing a strategy under subsection (3)(c) of that section.

10

This section does not affect any power to collaborate apart from this section.

11

In this section “enactment” includes—

a

an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, and

b

an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru.

I10I2116Disclosure of information

1

A person listed in subsection (2) may disclose information that it holds for the purposes of its functions to another person listed in that subsection for the purposes of the exercise by the other person of its functions under or in accordance with this Chapter.

2

Those persons are—

a

a specified authority;

b

a local policing body;

c

an educational authority;

d

a prison authority;

e

a youth custody authority.

3

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).

4

But this section does not authorise—

a

the disclosure of patient information,

b

the disclosure of personal information by a specified authority which is a health or social care authority,

c

a disclosure of information that would contravene the data protection legislation (but in determining whether a disclosure would do so, the power conferred by this section is to be taken into account), or

d

a disclosure of information that is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

5

Subsection (6) applies if—

a

a disclosure of information under this section is also permitted by regulations under section 6(2) of the Crime and Disorder Act 1998 or by section 115 of that Act (but is not also a disclosure under section 17A of that Act), and

b

a condition or limitation applies to a disclosure under those regulations or section 115 of that Act by virtue of such regulations.

6

The condition or limitation does not apply to the disclosure of information under this section.

7

This section does not otherwise affect any power to disclose information apart from this section.

I3I517Supply of information to local policing bodies

1

A local policing body may, for the purposes of enabling or assisting it to exercise its functions under section 14 in relation to an area, request any person listed in subsection (2) to supply it with such information as may be specified in the request.

2

Those persons are—

a

a specified authority for that area;

b

an educational authority for that area;

c

a prison authority for that area;

d

a youth custody authority for that area.

3

Information requested under subsection (1) must be information that is held by the person to whom the request is made and that relates to—

a

the person to whom the request was made,

b

a function of the person to whom the request was made, or

c

a person in respect of whom a function is exercisable by the person requested to supply the information.

4

Subject to subsection (6), a person who is requested to supply information under subsection (1) must comply with the request.

5

A disclosure of information required by subsection (4) 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).

6

But subsection (4) does not require—

a

the disclosure of patient information,

b

the disclosure of personal information by a specified authority which is a health or social care authority,

c

a disclosure of information that would contravene the data protection legislation (but in determining whether a disclosure would do so, the duty imposed by that subsection is to be taken into account), or

d

a disclosure of information that is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

7

Information supplied to a local policing body under this section may be used by the body only for the purpose of enabling or assisting it to exercise its functions under section 14.

I7I2518Directions

1

Subsection (2) applies if the Secretary of State is satisfied that—

a

a specified authority has failed to discharge a duty imposed on it by section 8, 14(6), 15(3) or 17(4), or

b

an educational authority, prison authority or youth custody authority has failed to discharge a duty imposed on it by section 15(3), (4) or (5)(b) or 17(4).

2

The Secretary of State may give directions to the authority for the purpose of securing compliance with the duty.

3

A direction under subsection (2) may be enforced, on an application made on behalf of the Secretary of State, by a mandatory order.

4

The Secretary of State must obtain the consent of the Welsh Ministers before giving a direction under this section to a devolved Welsh authority within the meaning of the Government of Wales Act 2006 (see section 157A of that Act).

5

This section does not apply in relation to—

a

a provider of probation services if that provider is the Secretary of State,

b

the governor of a prison, young offender institution or secure training centre, or

c

the principal of a directly managed secure college as defined in paragraph 27 of Schedule 10 to the Criminal Justice and Courts Act 2015.

I17I1519Guidance

1

A person listed in subsection (2) must have regard to guidance issued by the Secretary of State—

a

in exercising any function conferred by or by virtue of this Chapter, or

b

in exercising any function in accordance with this Chapter.

2

Those persons are—

a

a specified authority;

b

a person prescribed in regulations under section 10;

c

a local policing body;

d

an educational authority;

e

a prison authority;

f

a youth custody authority.

3

The Secretary of State must consult the Welsh Ministers before issuing guidance relating to the exercise of functions as mentioned in subsection (1) by a devolved Welsh authority within the meaning of the Government of Wales Act 2006 (see section 157A of that Act).

4

After issuing guidance under this section, the Secretary of State must lay a copy of the guidance before Parliament.

Annotations:
Commencement Information
I17

S. 19 in force at Royal Assent for specified purposes, see s. 208(4)(e)

I15

S. 19 in force at 31.1.2023 in so far as not already in force by S.I. 2022/1227, reg. 4(k)

Amendments to the Crime and Disorder Act 1998 etc

I11I1220Amendments to the Crime and Disorder Act 1998

1

The Crime and Disorder Act 1998 is amended as follows.

2

In section 5A (combination agreements: further provision)—

a

in subsection (2), after paragraph (c) insert—

d

preventing people from becoming involved in serious violence;

e

reducing instances of serious violence.

b

after subsection (9) insert—

10

References in this section to serious violence and to becoming involved in serious violence are to be construed in accordance with section 18.

3

Section 6 (formulation and implementation of strategies) is amended in accordance with subsections (4) to (7).

4

In subsection (1), at the end of paragraph (c) insert

; and

d

a strategy for—

i

preventing people from becoming involved in serious violence in the area, and

ii

reducing instances of serious violence in the area.

5

In subsection (6)—

a

omit the “or” at the end of paragraph (a), and

b

after paragraph (b) insert—

c

the prevention of people becoming involved in serious violence of a particular description; or

d

the reduction of instances of serious violence of a particular description.

6

In subsection (9), at the end of paragraph (a) insert “and strategies for preventing people from becoming involved in and reducing instances of serious violence in areas in Wales”.

7

After subsection (9) insert—

10

The Secretary of State must consult the Welsh Ministers before making regulations under this section if and to extent that the regulations—

a

relate to a strategy within subsection (1)(d), and

b

make provision that applies in relation to a devolved Welsh authority within the meaning of the Government of Wales Act 2006 (see section 157A of that Act).

11

References in this section to serious violence and to becoming involved in serious violence are to be construed in accordance with section 18.

8

Section 17 (duty to consider crime and disorder implications) is amended in accordance with subsections (9) to (11).

9

In subsection (1), at the end of paragraph (c) insert

; and

d

serious violence in its area.

10

After subsection (1) insert—

1A

The duty imposed on an authority by subsection (1) to do all it reasonably can to prevent serious violence in its area is a duty on the authority to do all it reasonably can to—

a

prevent people from becoming involved in serious violence in its area, and

b

reduce instances of serious violence in its area.

11

After subsection (5) insert—

6

References in this section to serious violence and to becoming involved in serious violence are to be construed in accordance with section 18.

12

In section 18 (interpretation of Chapter 1)—

a

in subsection (1), at the appropriate place insert—

  • “violence”—

    1. a

      includes, in particular—

      1. i

        domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),

      2. ii

        sexual offences,

      3. iii

        violence against property, and

      4. iv

        threats of violence;

    2. b

      does not include terrorism (within the meaning of the Terrorism Act 2000 (see section 1(1) to (4) of that Act)).

b

after that subsection insert—

1A

In the definition of “violence” in subsection (1) “sexual offence” means an offence under the law of England and Wales which is for the time being specified in Schedule 3 to the Sexual Offences Act 2003, other than the offence specified in paragraph 14 of that Schedule (fraudulent evasion of excise duty).

1B

In determining for the purposes of subsection (1A) whether an offence is specified in Schedule 3 to the Sexual Offences Act 2003, any limitation in that Schedule referring to the circumstances of a particular case (including the sentence imposed) is to be disregarded.

1C

References in this Chapter to becoming involved in serious violence include becoming a victim of serious violence.

1D

In considering whether violence in an area amounts to serious violence for the purposes of this Chapter account must be taken in particular of the following factors—

a

the maximum penalty which could be imposed for the offence (if any) involved in the violence,

b

the impact of the violence on any victim,

c

the prevalence of the violence in the area, and

d

the impact of the violence on the community in the area.

Annotations:
Commencement Information
I11

S. 20 in force at Royal Assent for specified purposes, see s. 208(4)(f)

I12

S. 20 in force at 31.1.2023 in so far as not already in force by S.I. 2022/1227, reg. 4(l)

I6I421Amendment to the Police and Justice Act 2006

In section 19(11) of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters: interpretation), in the definition of “local crime and disorder matter”—

a

omit the “or” at the end of paragraph (a), and

b

at the end of paragraph (b) insert

or

  1. a

    serious violence (within the meaning of Chapter 1 of Part 1 of the Crime and Disorder Act 1998),

General

I222Regulations

1

Regulations under this Chapter are to be made by statutory instrument.

2

Regulations under this Chapter—

a

may make different provision for different purposes or areas;

b

may make consequential, supplementary, incidental, transitional, transitory or saving provision.

3

The Secretary of State must consult the Welsh Ministers before making regulations under this Chapter if and to extent that the regulations make provision that applies in relation to a devolved Welsh authority within the meaning of the Government of Wales Act 2006 (see section 157A of that Act).

4

A statutory instrument containing regulations under this Chapter may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

5

Subsection (4) does not apply to a statutory instrument containing only one or more of the following—

a

regulations under section 8(10);

b

regulations under section 9(10);

c

regulations under section 11(7) which make provision for the removal of an entry in Schedule 1 where the authority concerned has ceased to exist;

d

regulations under section 11(7) which make provision for the modification of an entry in Schedule 1 in consequence of a change of name or transfer of functions;

e

regulations under section 12(3) which make provision for the removal of an entry in Schedule 2 where the authority concerned has ceased to exist;

f

regulations under section 12(3) which make provision for the modification of an entry in Schedule 2 in consequence of a change of name or transfer of functions;

g

regulations under section 14(4).

6

A statutory instrument within subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:
Commencement Information
I2

S. 22 in force at Royal Assent, see s. 208(4)(g)

I123Index of defined expressions

In this Chapter an expression listed in the first column of the table has the meaning given by, or is to be interpreted in accordance with, the corresponding provision listed in the second column.

Expression

Provision

the data protection legislation

section 10(10)

educational authority

section 12(1) and Schedule 2

educational authority for a local government area

section 12(2) and Schedule 2

educational authority for a relevant area

section 9(13)

health or social care authority

section 10(9)

local government area

section 11(4)

patient information

section 10(9)

personal information

section 10(9)

preventing serious violence

section 13(1) and (2)

prison authority

section 12(1) and Schedule 2

prison authority for a local government area

section 12(2) and Schedule 2

prison authority for a relevant area

section 9(13)

reducing serious violence

section 13(1)

relevant area

section 9(13)

serious violence

section 13(6)

specified authority

section 11(1) and Schedule 1

specified authority for a local government area

section 11(6) and Schedule 1

specified authority for a relevant area

section 9(13)

violence

section 13(3)

youth custody authority

section 12(1) and Schedule 2

youth custody authority for a local government area

section 12(2) and Schedule 2

youth custody authority for a relevant area

section 9(13)

Annotations:
Commencement Information
I1

S. 23 in force at Royal Assent, see s. 208(4)(g)