Legislation – Police, Crime, Sentencing and Courts Act 2022
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
13Preventing 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.