Legislation – Police, Crime, Sentencing and Courts Act 2022
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PART 2Prevention, investigation and prosecution of crime
CHAPTER 1Functions relating to serious violence
Functions relating to serious violence
I113Preventing 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.