Legislation – Police, Crime, Sentencing and Courts Act 2022
PART 1
Protection of the police etc
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
14 Involvement of local policing bodies
15 Involvement of educational, prison and youth custody authorities
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
26 Relationship with other review requirements
27 Notification of Secretary of State
33 Power to pay grant: local health boards
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
46 Arranging or facilitating commission of a child sex offence
49 Time limit for prosecution of common assault or battery in domestic abuse cases
50 Criminal damage to memorials: mode of trial
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
58 Functions of prisoner custody officers in relation to live link hearings
59 Proceeds of crime: account freezing orders
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
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
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
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
115 Effect of community caution
117 Restriction on multiple cautions
118 Abolition of other cautions and out-of-court disposals
119 Consequential amendments relating to Part 6
PART 7
Sentencing and release
Penalties for offences involving children or vulnerable adults
122 Penalty for cruelty to children
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
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
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
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
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
158 Discretion as to length of term
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
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
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
173 Requirement for courts and certain persons to have regard to the list of countries
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
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
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
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 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 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
PART 2Prevention, investigation and prosecution of crime
CHAPTER 4Other provisions
Offences relating to hares etc
67Seizure and disposal of dogs in connection with disqualification order
1
Where, on a court making a disqualification order, it appears to the court that the person to whom the order applies owns or keeps a dog contrary to the order, the court may order that the dog be taken into possession.
2
Where a person is convicted of an offence under section 66(6) by reason of owning or keeping a dog in breach of a disqualification order, the court by which the person is convicted may order that all dogs owned or kept in breach of the order be taken into possession.
3
4
5
But an order under subsection (4) may not provide for the dog to be—
a
destroyed, or
b
disposed of for the purposes of vivisection.
6
A court may not make an order for disposal of the dog under subsection (4) unless—
a
it has given the owner of the dog an opportunity to be heard, or
b
it is satisfied that it is not reasonably practicable to communicate with the owner.
7
Where a court makes an order under subsection (4) for the disposal of the dog, the owner of the dog may appeal against the order to the Crown Court.
8
9
In this section references to disposing of a dog do not include—
a
destroying it, or
b
disposing of it for the purposes of vivisection.