Criminal Justice Bill

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139AB Offence of possessing article with blade or point or offensive weapon with intent to use unlawful violence etc

(1) It is an offence for a person to have in their possession a relevant weapon with intent by means thereof—

(a) to use unlawful violence against another person,

(b) to cause another person to believe that unlawful violence will be used against them or anyone else,

(c) to cause serious unlawful damage to property, or

(d) to enable another person to do anything mentioned in a preceding paragraph.

(2) In this section “relevant weapon” means—

(a) an article to which section 139 applies, or

(b) an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953.

(3) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 4 years or a fine (or both).

(4) For provision about the sentence for an offence under this section, see section 315 of the Sentencing Code (minimum sentence for repeat offence involving weapon, bladed article or corrosive substance).

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(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

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23 Administering etc harmful substance so as to endanger life or inflict grievous bodily harm

(1) A person commits an offence if—

(a) the person intentionally or recklessly, and unlawfully, administers a harmful substance to another person, and

(b) the administration of the harmful substance endangers the other person’s life or inflicts grievous bodily harm on them.

(2) A person commits an offence if—

(a) the person unlawfully causes a harmful substance to be administered to or taken by another person,

(b) the administration or taking of the harmful substance endangers the other person’s life or inflicts grievous bodily harm on them, and

(c) the person intends that, or is reckless as to whether—

(i) the harmful substance is administered to or taken by the other person, and

(ii) the administration or taking of the harmful substance will endanger the other person’s life or inflict grievous bodily harm on them.

(3) In this section “harmful substance” means any poison or other destructive or noxious thing.

(4) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).

24 Administering etc harmful substance with intent to injure, aggrieve or annoy

(1) A person commits an offence if—

(a) the person unlawfully administers a harmful substance to, or causes a harmful substance to be administered to or taken by, another person, and

(b) the person does so with intent to injure, aggrieve or annoy the other person.

(2) In this section “harmful substance” has the meaning given by section 23.

(3) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

25 Alternative verdict on trial of offence under section 23

A person who is—

(a) charged with an offence under section 23, and

(b) found not guilty of that offence,

may be convicted of an offence under section 24 (if it is proved that they committed it).

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(11A) Nothing in subsection (1A) or in section 30A prevents a constable delaying taking a person to a police station, or releasing the person under section 30A, for such time as is reasonable for the purpose of taking a sample under section 32A.

(11B) Where there is any such delay the reasons for the delay must be recorded when the person first arrives at the police station or (as the case may be) is released under section 30A.

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32A Testing for presence of controlled drugs upon arrest at a place other than a police station

(1) An approved constable may take a single non-intimate sample from a person for the purpose of ascertaining whether any specified controlled drug is in the person’s body, if the following conditions are met—

(a) the arrest condition,

(b) the age condition, and

(c) the request condition.

(2) The arrest condition is that section 30(1A) applies in respect of the person and either—

(a) the offence for which the person was arrested is a trigger offence, or

(b) a constable of at least the rank of inspector—

(i) has reasonable grounds for suspecting that the misuse by the person of a specified controlled drug caused or contributed to the offence for which the person was arrested, and

(ii) has authorised the sample to be taken.

(3) The age condition is that the person is aged 18 or over.

(4) The request condition is that an approved constable has requested the person to give the sample.

(5) Before requesting the person to give a sample, an approved constable must—

(a) warn the person that if, when so requested, the person fails without good cause to do so the person may be liable to prosecution, and

(b) in a case within subsection (2)(b), inform the person of the giving of the authorisation and of the grounds in question.

(6) A sample may only be taken under this section—

(a) at or near the place where an approved constable requested the person to give the sample, and

(b) before the person has been taken to a police station or released under section 30(7) or 30A.

(7) If a sample is taken from a person under this section, an approved constable must give the person a notice in writing which sets out—

(a) the offence in respect of which the arrest condition is met;

(b) in a case within subsection (2)(b), details of the authorisation and the grounds in question;

(c) the date and time when the sample was taken;

(d) the location where the sample was taken;

(e) whether an analysis of the sample reveals that a specified controlled drug may be present in the person’s body.

(8) A notice under subsection (7) must be given as soon as reasonably practicable and in any event before the earlier of the person being released or charged with the offence in respect of which the arrest condition is met.

(9) A person who fails without good cause to give any sample which may be taken from the person under this section commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both).

32B Section 32A: supplementary

(1) A constable of at least the rank of inspector may give an authorisation under section 32A(2)(b) orally or in writing but, if it is given orally, the constable must confirm it in writing as soon as is practicable.

(2) If a person from whom a sample is taken under section 32A is taken to a police station, the constable giving the notice under section 32A(7) must secure that a record is made, as part of the person’s custody record, of the matters set out in the notice.

(3) If a person from whom a sample is taken under section 32A is released under section 30(7) or 30A, the constable giving the notice under section 32A(7) must, as soon as is practicable after the notice is given, make a record in writing of the matters set out in the notice.

(4) Section 32A does not prejudice the generality of section 63.

(5) In section 32A—

approved constable means a constable who has been approved for the purposes of section 32A by the chief officer of police of the police force to which the constable belongs (or, where the constable belongs to the British Transport Police Force, by the chief constable of the British Transport Police Force);

non-intimate sample has the same meaning as in Part 5 (see section 65(1));

specified controlled drug means a controlled drug (within the meaning of the Misuse of Drugs Act 1971) specified in regulations under section 32C;

trigger offence means an offence specified in regulations under section 32C.

32C Section 32A: regulations

(1) The Secretary of State may by regulations for the purposes of section 32A—

(a) specify a controlled drug as a “specified controlled drug”;

(b) specify an offence as a “trigger offence”.

(2) Regulations under subsection (1)—

(a) may make different provision for different purposes or different areas; and

(b) may make transitional, transitory or saving provision.

(3) Regulations under this section are to be made by statutory instrument.

(4) A statutory instrument containing (whether alone or with other provision) regulations under subsection (1)(b) 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) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In this section “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971.

32D Section 32A: disclosure of obtained information

Information obtained from a sample taken from a person under section 32A may be disclosed—

(a) for the purpose of informing any decision about granting bail in criminal proceedings (within the meaning of the Bail Act 1976) to the person;

(b) for the purpose of informing any decision about the giving of a diversionary caution under Part 6 of the Police, Crime, Sentencing and Courts Act 2022 to the person;

(c) where the person is in police detention or is remanded in or committed to custody by an order of a court or has been granted such bail, for the purpose of informing any decision about the person’s supervision;

(d) where the person is convicted of an offence, for the purpose of informing any decision about the appropriate sentence to be passed by a court and any decision about the person’s supervision or release;

(e) for the purpose of an assessment which the person is required to attend by virtue of section 9(2) or 10(2) of the Drugs Act 2005;

(f) for the purpose of proceedings against the person for an offence under section 12(3) or 14(3) of that Act;

(g) for the purpose of ensuring that appropriate advice and treatment is made available to the person.

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(5E) A sample may not be taken from a person under this section if—

(a) the person is in police detention by virtue of being taken to a police station after being arrested at a place other than a police station, and

(b) a sample was taken from the person under section 32A.

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63CA Testing for presence of controlled drugs: regulations

(1) The Secretary of State may by regulations for the purposes of section 63B—

(a) specify a controlled drug as a “specified controlled drug”;

(b) specify an offence as a “trigger offence”.

(2) Regulations under subsection (1)—

(a) may make different provision for different purposes or different areas; and

(b) may make transitional, transitory or saving provision.

(3) Regulations under this section are to be made by statutory instrument.

(4) A statutory instrument containing (whether alone or with other provision) regulations under subsection (1)(b) 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) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In this section “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971.

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11A Requirements under sections 9 and 10: supplemental where person to be released from custody at a place other than a police station

(1) This section applies if a person—

(a) is, while in custody at a place other than a police station, required to attend an initial assessment and remain for its duration by virtue of section 9(2), and

(b) is to be released without first being taken to a police station.

(2) If the time when, and the place at which, the initial assessment is to take place is set before the person is released, an approved constable must—

(a) inform the person of that time and place, and

(b) explain that this information will be confirmed in writing.

(3) If the time when, and the place at which, the initial assessment is to take place is not set before the person is released, an approved constable must explain that—

(a) the time and place will be set after the person is released, and

(b) the person will be notified of the time and place in writing.

(4) An approved constable must warn the person that they may be liable to prosecution if they fail without good cause to attend the initial assessment and remain for its duration.

(5) If the person is also required to attend a follow-up assessment and remain for its duration by virtue of section 10(2), an approved constable must also warn the person that they may be liable to prosecution if they fail without good cause to attend the follow-up assessment and remain for its duration.

(6) Where subsection (2) applies, an approved constable must give the person notice in writing which—

(a) confirms that the person is required to attend and remain for the duration of an initial assessment or both an initial assessment and a follow-up assessment (as the case may be),

(b) confirms the information given in pursuance of subsection (2), and

(c) repeats the warning given in pursuance of subsection (4) and any warning given in pursuance of subsection (5).

(7) The duties imposed by subsections (2) to (6) must be discharged before the person is released.

(8) Where subsection (2) applies, an approved constable must make, on the spot or as soon as is practicable, a record in writing of—

(a) the requirement imposed on the person by virtue of section 9(2),

(b) any requirement imposed on the person by virtue of section 10(2),

(c) the information and explanation given to the person in pursuance of subsection (2) above,

(d) the warning given to the person in pursuance of subsection (4) and any warning given in pursuance of subsection (5) above, and

(e) the notice given to the person in pursuance of subsection (6) above.

(9) Where subsection (3) applies, an approved constable must make, on the spot or as soon as is practicable, a record in writing of—

(a) the requirement imposed on the person by virtue of section 9(2),

(b) any requirement imposed on the person by virtue of section 10(2),

(c) the explanation given to the person in pursuance of subsection (3) above, and

(d) the warning given to the person in pursuance of subsection (4) and any warning given in pursuance of subsection (5) above.

(10) Where subsection (3) applies, a police officer must give the person, as soon as is practicable, a notice in writing which—

(a) informs the person of the time when, and the place at which, the initial assessment is to take place,

(b) confirms that the person is required to attend and remain for the duration of an initial assessment or both an initial assessment and a follow-up assessment (as the case may be), and

(c) repeats the warning given in pursuance of subsection (4) and any warning given in pursuance of subsection (5).

(11) Where subsection (10) applies, a police officer must make, as soon as is practicable after a notice is given to the person in pursuance of that subsection, a record of the notice.

(12) If a person is given a notice in pursuance of subsection (6) or (10), a police officer or a suitably qualified person may give the person a further notice in writing which—

(a) informs the person of any change to the time when, or to the place at which, the initial assessment is to take place, and

(b) repeats the warning given in pursuance of subsection (4) and any warning given in pursuance of subsection (5).

(13) In this section, “approved constable” has the meaning given by section 32B of PACE.

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26A Search for particular stolen goods without warrant

(1) A police officer of at least the rank of inspector may authorise a constable to—

(a) enter specified premises, and

(b) search the specified premises for specified items.

(2) An officer may give an authorisation under subsection (1) only if satisfied that there are reasonable grounds to believe that—

(a) the specified items are stolen goods,

(b) the specified items are on the specified premises, and

(c) it is not reasonably practicable to obtain a warrant for the entry and search (under section 26 or another enactment) without frustrating or seriously prejudicing its purpose.

(3) An officer may give the authorisation orally or in writing.

(4) As soon as reasonably practicable after giving the authorisation the officer must record in writing—

(a) if the authorisation was given orally, the authorisation, and

(b) in any case, the officer’s reasons for being satisfied as mentioned in subsection (2).

(5) The powers conferred by an authorisation under subsection (1) may be exercised only—

(a) by a constable in uniform,

(b) before the end of the 24 hour period beginning with the time the authorisation is given, and

(c) at a reasonable hour (unless it appears to the constable that exercising them at a reasonable hour may frustrate or seriously prejudice the purpose of exercising them).

(6) The power of search conferred by an authorisation under subsection (1) is exercisable only to the extent that is reasonably required for the purpose of searching the specified premises for the specified items.

(7) Where the occupier of the specified premises is present at the time the constable seeks to enter and search them, the constable must—

(a) identify themselves to the occupier, and

(b) state the purpose for which they are entering and searching the premises.

26B Seizure on search under section 26A

(1) Where a constable is lawfully on premises in exercise of the powers conferred by an authorisation under section 26A(1), this section applies instead of section 19 of the Police and Criminal Evidence Act 1984 (general power of seizure).

(2) The constable may seize anything which is on the specified premises (whether or not it is a specified item) if the constable has reasonable grounds to believe—

(a) that it is stolen goods, and

(b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

(3) The constable may seize anything which is on the specified premises (whether or not it is a specified item) if the constable has reasonable grounds to believe—

(a) that it is evidence in relation to an offence of theft which the constable is investigating or any other offence of theft, and

(b) that it is necessary to seize it in order to prevent the evidence being concealed, lost, damaged, altered or destroyed.

(4) The powers of seizure in subsections (2) and (3) include power to require information which is stored in an electronic form and is accessible from the premises to be produced in a form—

(a) in which it can be taken away and in which it is visible and legible, or

(b) from which it can readily be produced in a visible and legible form.

(5) As soon as reasonably practicable after exercising a power of seizure conferred by this section, the constable must record in writing—

(a) the grounds on which the power was exercised, and

(b) the items seized.

26C Sections 26A and 26B: supplementary

(1) The powers conferred by virtue of sections 26A and 26B do not include powers to search for or seize—

(a) items subject to legal privilege,

(b) excluded material, or

(c) special procedure material.

(2) A constable may use reasonable force, if necessary, in the exercise of a power conferred by virtue of section 26A or 26B.

(3) In sections 26A and 26B “specified” means specified in an authorisation under section 26A(1).

(4) Sections 26A and 26B are to be construed in accordance with section 24.

(5) In sections 26A to 26C the following expressions have the same meaning as in the Police and Criminal Evidence Act 1984—

excluded material (see section 11 of that Act);

items subject to legal privilege (see section 10 of that Act);

premises (see section 23 of that Act);

special procedure material (see section 14 of that Act).

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71 Access to driver licence records

(1) The Secretary of State may in accordance with this section make available to an authorised person any information held by the Secretary of State for the purposes of Part 3 of the Road Traffic Act 1988.

(2) The Secretary of State must in regulations made for the purposes of this section (“driver information regulations”) prescribe the purposes for which, and the circumstances in which, information may be made available by virtue of this section, and may prescribe only such purposes and circumstances as are related to policing or law enforcement.

(3) “An authorised person” means a person who is—

(a) under the direction and control of the chief officer of a body which is listed in subsection (4), and

(b) is authorised by that chief officer to receive information for the purposes of this section.

(4) The bodies listed in this subsection are—

(a) any police force in England and Wales;

(b) the British Transport Police;

(c) the Ministry of Defence Police;

(d) the Civil Nuclear Constabulary;

(e) the Police Service of Scotland;

(f) the Police Service of Northern Ireland;

(g) the States of Jersey Police;

(h) the Isle of Man Constabulary;

(i) the Guernsey Police;

(j) the Independent Office for Police Conduct;

(k) the National Crime Agency;

(l) the Royal Gibraltar Police;

(m) the Port of Liverpool Police;

(n) the Mersey Tunnels Police;

(o) the Port of Tilbury Police;

(p) the Royal Navy Police;

(q) the Royal Military Police;

(r) the Royal Air Force Police;

(s) the tri-service serious crime unit as described in section 375(1A) of the Armed Forces Act 2006;

(t) the Service Police Complaints Commissioner.

(5) Driver information regulations may amend subsection (4) so as to add a body to that subsection, or to modify or remove a reference to a body listed in that subsection, and may make consequential amendments of this section.

(6) Driver information regulations may make such further provision as the Secretary of State considers appropriate, including, in particular—

(a) about the purposes for which, and the circumstances in which, information made available by virtue of this section may be further disclosed by an authorised person (including about the persons to whom it may be further disclosed);

(b) specifying conditions that must be met by an authorised person before information may be made available to the person;

(c) specifying the purposes for which, or circumstances in which, information cannot be made available to a particular description or descriptions of authorised persons.

(7) Before making driver information regulations, the Secretary of State must consult such of the persons listed in subsection (8) as the Secretary of State considers appropriate.

(8) The persons listed in this subsection are—

(a) such persons as appear to the Secretary of State to represent the views of police bodies in—

(i) the United Kingdom;

(ii) the Isle of Man;

(iii) the Channel Islands;

(iv) the British overseas territories;

(b) the Scottish Ministers.

(9) This section does not (and regulations made under it may not) authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the power conferred by or under this section).

(10) In this section—

chief officer means—

(a) in relation to a body which has a chief officer of police, that chief officer;

(b) in relation to a police force listed in subsection (4)(b) to (d), the chief constable of that police force;

(c) in relation to a service police force listed in subsection (4)(p) to (r), the Provost Marshal of that service police force;

(d) in relation to the tri-service serious crime unit, the Provost Marshal for serious crime;

(e) in relation to the Service Police Complaints Commissioner, the Service Police Complaints Commissioner;

(f) in relation to any other body, the person prescribed for the purposes of this section by driver information regulations;

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

information means information held in any form.

71A Code of practice about access to driver licence records

(1) The Secretary of State may issue a code of practice about the receipt and use of information under section 71.

(2) The code may make different provision for different purposes or different areas.

(3) Before issuing a code of practice, the Secretary of State must consult—

(a) the bodies listed in subsection (4) of that section;

(b) the Scottish Ministers;

(c) the Welsh Ministers;

(d) the Department of Justice in Northern Ireland;

(e) such other persons as the Secretary of State considers appropriate.

(4) After preparing the code of practice, the Secretary of State must lay it before Parliament and publish it.

(5) The Secretary of State may from time to time revise the code; and a reference in this section to the code includes a reference to the code as revised.

(6) Any person to whom information is made available by virtue of section 71 must have regard to the code for the time being in force under this section.

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(5A) A statutory instrument containing regulations making provision by virtue of section 71(5) (whether alone or with other provision) may only be made if a draft of the statutory instrument has been laid before and approved by a resolution of each House of Parliament.

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Attendance at sentencing hearings

259A Power to order attendance

(1) This section applies where—

(a) an offender has been convicted of a service offence in respect of which a life sentence may, or must, be passed,

(b) the offender is kept in service custody awaiting sentencing by the Court Martial, and

(c) the offender has refused, or there are reasonable grounds to suspect the offender will refuse, to attend court for the sentencing hearing.

(2) The Court Martial may order the offender to attend court for the sentencing hearing.

(3) An order under subsection (2) may be made by the Court Martial of its own motion or on the application of the Director of Service Prosecutions.

(4) Before making an order under subsection (2) in relation to an offender aged under 18, the Court Martial must have regard to the welfare of the offender.

(5) In this section—

life sentence means any of the following sentences imposed by virtue of this Act—

(a) a sentence of imprisonment for life,

(b) a sentence of detention for life during His Majesty’s pleasure, or

(c) a sentence of custody for life;

sentencing hearing means a hearing following conviction that is held for the purposes of sentencing an offender.

(6) Nothing in this section limits any other power of the Court Martial to order an offender to attend court for a sentencing hearing.

259B Power to order production of offender

(1) This section applies where—

(a) an offender aged 18 or over is kept in service custody awaiting sentencing by the Court Martial or the Service Civilian Court in respect of a service offence, and

(b) the offender has refused, or there are reasonable grounds to suspect the offender will refuse, to attend court for the sentencing hearing.

(2) The court may order that the offender is produced before the court for the sentencing hearing.

(3) An order under subsection (2) may be made by the court of its own motion or on the application of the Director of Service Prosecutions.

(4) A person subject to service law who is authorised for the purposes of this section by the Provost Marshal of the Royal Military Police may use reasonable force, if necessary and proportionate, to give effect to an order under subsection (2).

(5) In this section “sentencing hearing” has the meaning given by section 259A.

(6) A person is to be treated as having complied with an order under subsection (2) if they have done all that they reasonably can to secure that the offender is produced before the court for sentencing.

(7) Nothing in this section affects—

(a) any other power of the court to order that an offender is produced before the court for a sentencing hearing;

(b) any other power to use force.

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70A Sexual grooming of child

(1) This section applies where—

(a) a court is considering the seriousness of a specified child sex offence which is aggravated by grooming, and

(b) the offender was aged 18 or over when the offence was committed.

(2) The court—

(a) must treat the fact that the offence is aggravated by grooming as an aggravating factor, and

(b) must state in open court that the offence is so aggravated.

(3) An offence is aggravated by grooming if—

(a) the offence was facilitated by, or involved, the offender grooming a person aged under 18, or

(b) the offence was facilitated by, or involved, a person other than the offender grooming a person aged under 18 and the offender knew, or could reasonably be expected to have known, about the grooming when the offence was committed.

The person groomed need not be a victim of the offence.

(4) A “specified child sex offence” is an offence within any of subsections (5) to (7) or an inchoate offence in relation to any of those offences.

(5) An offence is within this subsection if it is under any of—

(a) section 1 of the Protection of Children Act 1978 (taking etc indecent photograph of child),

(b) section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child), or

(c) the following provisions of the Sexual Offences Act 2003—

(i) sections 5 to 8 (rape and other offences against children under 13);

(ii) sections 9 to 12 (other child sex offences);

(iii) section 14 (arranging or facilitating commission of child sex offence);

(iv) sections 16 to 19 (abuse of position of trust);

(v) sections 25 and 26 (familial child sex offences);

(vi) sections 47 to 50 (sexual exploitation of children).

(6) An offence is within this subsection if it is under any of the following provisions of the Sexual Offences Act 2003 and the victim, or intended victim, was aged under 18—

(a) sections 1 to 4 (rape, assault and causing sexual activity without consent);

(b) sections 30 to 41 (sexual offences relating to persons with mental disorder);

(c) sections 57 to 59A (trafficking);

(d) sections 61 to 63 (preparatory offences);

(e) sections 66 to 67A (exposure and voyeurism).

(7) An offence is within this subsection if it is under section 71 of the Sexual Offences Act 2003 (sexual activity in a public lavatory) and a person engaging in the activity in question is aged under 18.

(8) Nothing in this section prevents a court from treating any other grooming of a person as an aggravating factor.

(9) This section has effect in relation to a person who is convicted of the offence on or after the date on which section 30 of the Criminal Justice Act 2024 comes into force.

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(8) In section 70A of the Sentencing Code (sexual grooming of child as aggravating factor)—

(a) the references in that section to a court are to be read as including a court dealing with an offender for a service offence, and

(b) the reference in subsection (1) to a specified child sex offence is to be read as a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is a specified child sex offence.

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(5D) The Chief Inspector may—

(a) inspect or arrange for the inspection of any prisons where persons are detained under an arrangement of a kind mentioned in section 32(1) of the Criminal Justice Act 2024 (service of custodial sentences abroad), and

(b) report to the Secretary of State on them.

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(2A) This section also applies to a person serving a relevant custodial sentence in respect of an offence of murder who—

(a) the Secretary of State considers poses a risk of committing a relevant sexual offence on release,

(b) is released on licence by the Secretary of State under any enactment, and

(c) is aged 18 or over on the day the person is released.

(2B) This section also applies to a person serving a relevant custodial sentence in respect of an offence who—

(a) at any earlier time during that sentence was concurrently serving a relevant custodial sentence in respect of a relevant sexual offence,

(b) is released on licence by the Secretary of State under any enactment, and

(c) is aged 18 or over on the day the person is released.

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(c) in paragraph (d) “terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act).

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(4BA) An offence is within this subsection if—

(a) it was committed before 18 June 2009,

(b) it was punishable with imprisonment for more than 2 years, and

(c) it is not specified in Schedule A1 to the Sentencing Code (and, in the case of a service offence, the corresponding offence is not so specified).

(4BB) An offence is within this subsection if—

(a) it was committed on or after 18 June 2009 but before 29 June 2021,

(b) it was punishable with imprisonment for more than 2 years,

(c) it is not specified in Schedule A1 to the Sentencing Code,

(d) it was not an offence in relation to which section 30 or 31 of the Counter-Terrorism Act 2008 or section 69 of the Sentencing Code applied (and was not an offence in relation to which section 31 of the Counter-Terrorism Act 2008 would have applied if paragraph (b) of subsection (1) of that section were omitted), and

(e) it is not a service offence.

(4BC) An offence is within this subsection if—

(a) it is a service offence,

(b) it was committed on or after 18 June 2009 but before any day specified for the coming into force of section 1 of the Counter-Terrorism and Sentencing Act 2021 for the purposes of section 69 of the Sentencing Code as applied by section 238 of the Armed Forces Act 2006,

(c) it was punishable with imprisonment for more than 2 years,

(d) it was not an offence in relation to which section 32 of the Counter-Terrorism Act 2008 or section 69 of the Sentencing Code applied, and

(e) the corresponding offence is not specified in Schedule A1 to the Sentencing Code.

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(e) a person in respect of whom—

(i) a domestic offence notification order (within the meaning of Schedule 4A to the Counter-Terrorism Act 2008), or

(ii) a service offence notification order (within the meaning of Schedule 6A to that Act),

has been made and who is serving a sentence for the offence by virtue of which the order was made.

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Offences relating to things used in serious crime or vehicle theft

9B

(1) An offence under section 1 of the Criminal Justice Act 2024 (articles for use in serious crime).

(2) An offence under section 3 of the Criminal Justice Act 2024 (electronic devices for use in vehicle theft).

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Electronic monitoring requirements: England and Wales and Northern Ireland

5B Electronic monitoring requirements

(1) A serious crime prevention order made in England and Wales or Northern Ireland may contain provision requiring a person who is an individual (including a partner in a partnership) to submit to electronic monitoring of their compliance with other prohibitions, restrictions or requirements imposed by the order.

(2) Such a requirement is referred to in this Part as an “electronic monitoring requirement”.

(3) A serious crime prevention order that includes an electronic monitoring requirement must specify the person who is to be responsible for the monitoring.

(4) The person specified under subsection (3) (“the responsible person”)—

(a) where the order is made in England and Wales, must be of a description specified in regulations made by the Secretary of State;

(b) where the order is made in Northern Ireland, must be of a description specified in an order made by the Department of Justice under Article 40(3) of the Criminal Justice (Northern Ireland) Order 2008 (N.I. 1).

(5) Where a serious crime prevention order imposes an electronic monitoring requirement on a person, the person must (among other things)—

(a) submit, as required from time to time by the responsible person, to—

(i) being fitted with, or the installation of, any necessary apparatus, and

(ii) the inspection or repair of any apparatus fitted or installed for the purposes of the monitoring;

(b) not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring;

(c) take any steps required by the responsible person for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.

These obligations have effect as requirements of the order.

(6) A serious crime prevention order may not provide for an electronic monitoring requirement to have effect for more than 12 months (subject to any variation of the order under section 17(9), 20(8), 21(7A) or 22E(3)).

5C Conditions for imposing electronic monitoring requirements

(1) This section applies for the purpose of determining whether a court may impose an electronic monitoring requirement on a person (“P”) under section 5B.

(2) The requirement may not be imposed in P’s absence.

(3) If there is a person (other than P) without whose co-operation it would be impracticable to secure the monitoring in question, the requirement may not be imposed without that person’s consent.

(4) A court in England and Wales may impose the requirement only if—

(a) it has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area, and

(b) it is satisfied that the necessary provision can be made under the arrangements currently available.

(5) For the purposes of subsection (4)(a)—

the relevant area means—

(a) the local justice area in which it appears to the court that P resides or will reside, and

(b) in a case where it is proposed to include in the order—

(i) a requirement that P must remain, for specified periods, at a specified place, or

(ii) a provision prohibiting P from entering a specified place or area,

the local justice area in which the place or area proposed to be specified is situated;

specified means specified in the order.

5D Data from electronic monitoring: code of practice

(1) The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of individuals under electronic monitoring requirements imposed by serious crime prevention orders.

(2) A failure to act in accordance with a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.

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(9) But the court may not extend the period for which an electronic monitoring requirement has effect by more than 12 months at a time.

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(8) But the court may not extend the period for which an electronic monitoring requirement has effect by more than 12 months at a time.

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(7A) But the court may not extend the period for which an electronic monitoring requirement has effect by more than 12 months at a time.

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(1) A serious crime prevention order may be made by the High Court in England and Wales—

(a) only on an application by—

(i) the Director of Public Prosecutions,

(ii) the Director of the Serious Fraud Office,

(iii) the Director General of the National Crime Agency,

(iv) the Commissioners for His Majesty’s Revenue and Customs,

(v) a chief officer of police,

(vi) the Chief Constable of the British Transport Police, or

(vii) the Chief Constable of the Ministry of Defence Police, and

(b) in the case of an application by a person listed in paragraph (a)(iii) to (vii), only if the person has consulted the Director of Public Prosecutions.

(1A) A serious crime prevention order may be made by the Crown Court in England and Wales—

(a) only on an application by—

(i) the Director of Public Prosecutions,

(ii) the Director of the Serious Fraud Office, or

(iii) a chief officer of police, and

(b) in the case of an application by a chief officer of police, only if—

(i) it is an application for an order under section 19 or 19A that is terrorism-related (see section 8A), and

(ii) the chief officer has consulted the Director of Public Prosecutions.

(1B) A serious crime prevention order may be made by a court or sheriff in Scotland—

(a) only on an application by—

(i) the Lord Advocate, or

(ii) the chief officer of police, and

(b) in the case of an application by the chief officer of police, only if—

(i) it is an application for an order under section 1 that is terrorism-related (see section 8A),

(ii) the chief officer has consulted the Lord Advocate, and

(iii) it is an application made to the Court of Session (and not to the sheriff).

(1C) A serious crime prevention order may be made by the High Court in Northern Ireland—

(a) only on an application by—

(i) the Director of Public Prosecutions for Northern Ireland,

(ii) the Director of the Serious Fraud Office,

(iii) the Director General of the National Crime Agency,

(iv) the Commissioners for His Majesty’s Revenue and Customs,

(v) the chief officer of police, or

(vi) the Chief Constable of the Ministry of Defence Police, and

(b) in the case of an application by a person listed in paragraph (a)(iii) to (vi), only if the person has consulted the Director of Public Prosecutions for Northern Ireland.

(1D) A serious crime prevention order may be made by the Crown Court in Northern Ireland—

(a) only on an application by—

(i) the Director of Public Prosecutions for Northern Ireland,

(ii) the Director of the Serious Fraud Office, or

(iii) a chief officer of police, and

(b) in the case of an application by a chief officer of police, only if—

(i) it is an application for an order under section 19 or 19A that is terrorism-related (see section 8A), and

(ii) the chief officer has consulted the Director of Public Prosecutions for Northern Ireland.

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Notification requirements: England and Wales and Northern Ireland

15A Relevant bodies: notifying police of initial point of contact

(1) A person other than an individual who is subject to a serious crime prevention order made by a court in England and Wales or Northern Ireland (a “relevant body”) must, within the period of three days beginning with the first day on which any of its provisions comes into force—

(a) identify an individual who is authorised to communicate with the police on behalf of the body, and

(b) notify the police of the name of the individual so authorised.

(2) An individual whose name is notified under this section or section 15B must be a person who has consented to act in that capacity.

(3) A person who is subject to a serious crime prevention order made by a court in England and Wales commits an offence under the law of England and Wales if, without reasonable excuse, the person fails to comply with a requirement imposed by subsection (1) as it applies by virtue of the order.

(4) A person who is subject to a serious crime prevention order made by a court in Northern Ireland commits an offence under the law of Northern Ireland if, without reasonable excuse, the person fails to comply with a requirement imposed by subsection (1) as it applies by virtue of the order.

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale..

15B Relevant bodies: notifying police of replacement point of contact

(1) A relevant body that has notified the police of the name of an individual under section 15A or this section may notify the police of the name of a replacement individual who is authorised to communicate with the police on behalf of the body.

(2) If an individual whose name is notified by a relevant body under section 15A or this section withdraws their consent, or is unable to communicate with the police on behalf of the body, the relevant body must, within the period of 28 days beginning with the day on which the individual withdrew their consent or otherwise became so unable—

(a) identify a replacement individual who is authorised to communicate with the police on behalf of the body, and

(b) notify the police of the name of the individual so authorised.

(3) A person who is subject to a serious crime prevention order made by a court in England and Wales commits an offence under the law of England and Wales if, without reasonable excuse, the person fails to comply with a requirement imposed by subsection (2) as it applies by virtue of the order.

(4) A person who is subject to a serious crime prevention order made by a court in Northern Ireland commits an offence under the law of Northern Ireland if, without reasonable excuse, the person fails to comply with a requirement imposed by subsection (2) as it applies by virtue of the order.

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale..

(6) In this section “relevant body” has the same meaning as in section 15A.

15C Exceptions to the notification requirements on relevant bodies

(1) The requirements imposed by sections 15A and 15B do not apply to a relevant body by virtue of a serious crime prevention order while the relevant body is subject to an earlier serious crime prevention order.

(2) If the earlier order ceases to be in force on a day on which the later order remains in force, the reference in section 15A(1) to the day on which the order is made is to be read as a reference to that day.

(3) In this section “relevant body” has the same meaning as in section 15A.

15D Individuals subject to an order: notification requirements

(1) A person who is an individual (including a partner in a partnership) who is subject to a serious crime prevention order made by a court in England and Wales or Northern Ireland (a “relevant individual”) must, within the period of three days beginning with the first day on which any of its provisions comes into force, notify the police of the notifiable information relating to the person.

(2) In this section “the notifiable information” relating to a person means—

(a) the person’s name and, if the person uses one or more other names, each of those names;

(b) the address of the person’s sole or main residence in the United Kingdom and the address of any other premises in the United Kingdom at which the person regularly resides or stays;

(c) each of the person’s telephone numbers and email addresses (if any);

(d) any name which the person uses to access a social media service or the function of which is to identify the user of such a service;

(e) any name—

(i) which the person uses to access a video game that is a user-to-user service or that is available as part of a user-to-user service, or

(ii) the function of which is to identify the person as the user of such a game;

(f) identifying information of any motor vehicle of which the person is the registered keeper, or which the person has a right to use (whether routinely or on specific occasions or for specific purposes), on the date on which notification is made;

(g) specified financial information;

(h) specified information about identification documents;

(i) the name and address of each of the person’s employers (if any);

(j) any information of a description specified in regulations made by the Secretary of State.

(3) For the purposes of subsection (2)—

(a) where a person does not have a sole or main residence in the United Kingdom, paragraph (b) of that subsection is to be read as if it refers to the address or location of a place in the United Kingdom where the person can regularly be found (and, if there is more than one such place, the address or location of each of those places);

(b) “social media service” means an online service that meets the following conditions—

(i) the main purpose, or one of the main purposes, of the service is to promote interaction between users (including interaction between users and user-generated content), and

(ii) making content generated by users available to other users is a significant feature of the service;

(c) “specified financial information” means the information specified in paragraph 1(1)(a) and (b) of Schedule 3A to the Counter-Terrorism Act 2008;

(d) “specified information about identification documents” means the information specified in paragraph 2(a) and (b) of that Schedule.

(e) “user-to-user service” has the meaning given by section 3 of the Online Safety Act 2023.

(4) A person who is subject to a serious crime prevention order made by a court in England and Wales commits an offence under the law of England and Wales if the person—

(a) fails, without reasonable excuse, to comply with a requirement imposed by subsection (1) as it applies by virtue of the order;

(b) notifies the police, in purported compliance with such a requirement, of any information which the person knows to be false.

(5) A person guilty of an offence under subsection (4) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine, or both.

(6) A person who is subject to a serious crime prevention order made by a court in Northern Ireland commits an offence under the law of Northern Ireland if the person—

(a) fails, without reasonable excuse, to comply with a requirement imposed by subsection (1) as it applies by virtue of the order;

(b) notifies the police, in purported compliance with such a requirement, of any information which the person knows to be false.

(7) A person guilty of an offence under subsection (6) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine, or both.

15E Individuals subject to an order: change in notifiable information

(1) If there is a change in any of the notifiable information relating to a relevant individual they must, within the period of three days beginning with the day on which the change occurs, notify the police of the change.

(2) A person who is subject to a serious crime prevention order made by a court in England and Wales commits an offence under the law of England and Wales if the person—

(a) fails, without reasonable excuse, to comply with a requirement imposed by subsection (1) as it applies by virtue of the order;

(b) notifies the police, in purported compliance of such a requirement, of any information which the person knows to be false.

(3) A person guilty of an offence under subsection (2) is liable—

(a) on summary conviction to imprisonment for a period not exceeding the general limit in a magistrates’ court or to a fine, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or both.

(4) A person who is subject to a serious crime prevention order made by a court in Northern Ireland commits an offence under the law of Northern Ireland if the person—

(a) fails, without reasonable excuse, to comply with a requirement imposed by subsection (1) as it applies by virtue of the order;

(b) notifies the police, in purported compliance with such a requirement, of any information which the person knows to be false.

(5) A person guilty of an offence under subsection (4) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine, or both.

(6) In this section “relevant individual” and “the notifiable information” relating to a person have the same meaning as in section 15D.

15F Exceptions to the notification requirements on individuals

(1) The requirements imposed by sections 15D and 15E do not apply to a person by virtue of a serious crime prevention order while the person is subject to those requirements by virtue of an earlier serious crime prevention order.

(2) If the earlier order ceases to be in force on a day on which the later order remains in force, the reference in section 15D(1) to the day on which the order is made is to be read as a reference to that day.

15G Verifying the identity of an individual giving a notification

(1) When a person (“P”) gives a notification under section 15D or 15E P must, if requested to do so by the person to whom the notification is given, allow that person to do any of the following things—

(a) take P’s fingerprints;

(b) photograph, or otherwise produce an image of, P or any part of P.

(2) The power in subsection (1) is exercisable for the purpose of verifying P’s identity.

(3) A person who is subject to a serious crime prevention order made by a court in England and Wales commits an offence under the law of England and Wales if the person fails, without reasonable excuse, to comply with subsection (1) in relation to the notification.

(4) A person guilty of an offence under subsection (3) is liable—

(a) on summary conviction to imprisonment for a period not exceeding the general limit in a magistrates’ court or to a fine, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or both.

(5) A person who is subject to a serious crime prevention order made by a court in Northern Ireland commits an offence under the law of Northern Ireland if the person fails, without reasonable excuse, to comply with subsection (1) in relation to the notification.

(6) A person guilty of an offence under subsection (5) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine, or both.

15H Further provision about notifications by individuals and relevant bodies

A court in England and Wales or Northern Ireland may, when making a serious crime prevention order, make provision in the order about how a notification under any of sections 15A to 15E is to be made.

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(1A) For the purposes of subsection (1)(b) and sections 30(1), 31(4) and 32(3), the requirements imposed on a person by sections 15A and 15B or (as the case may be) sections 15D, 15E and 15G are to be treated as terms of the order.

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(3) A statutory instrument containing an order or regulations under any of the following provisions may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—

section 4(4);

section 15D(2)(j);

section 49(6);

section 63(3);

section 69;

section 90;

paragraph 102 of Schedule 8.

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19A Orders by Crown Court on acquittal or when allowing an appeal

(1) The Crown Court in England and Wales may make an order under this section in relation to a person who is acquitted of an offence by or before the court, or where the court allows a person’s appeal against a conviction for an offence, if—

(a) the court is satisfied that the person has been involved in serious crime (whether in England and Wales or elsewhere), and

(b) the court has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales.

(2) A court that makes an order by virtue of subsection (1) in the case of a person who is already the subject of a serious crime prevention order in England and Wales must discharge the existing order.

(3) The Crown Court in Northern Ireland may make an order under this section in relation to a person who is acquitted of an offence by or before the court, or where the court allows a person’s appeal against a conviction for an offence, if—

(a) the court is satisfied that the person has been involved in serious crime (whether in Northern Ireland or elsewhere), and

(b) the court has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Northern Ireland.

(4) A court that makes an order by virtue of subsection (3) in the case of a person who is already the subject of a serious crime prevention order in Northern Ireland must discharge the existing order.

(5) An order under this section may contain—

(a) such prohibitions, restrictions or requirements, and

(b) such other terms,

as the court considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the person concerned in serious crime in England and Wales or (as the case may be) Northern Ireland.

(6) The powers of the court in respect of an order under this section are subject to sections 6 to 15 (safeguards).

(7) An order under this section is also called a serious crime prevention order.

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(a) chief officers of police about the exercise, by officers under their direction or control, of those officers’ functions under this Part;

(b) local authorities about the exercise, by persons authorised under section 35(4A)(b), of those persons’ functions under this Part.

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(ad) the power of an authorised person to issue a fixed penalty notice under section 52 of the Anti-social Behaviour, Crime and Policing Act 2014 (fixed penalty notices in respect of offence of failing to comply with notice);

(ae) the power of a constable or an authorised person to issue a fixed penalty notice under section 68 of the Anti-social Behaviour, Crime and Policing Act 2014 (fixed penalty notice in respect of offences relating to public spaces protection orders and expedited orders).

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104A Review by local policing body

(1) This section applies if a person has made a complaint about anti-social behaviour in a particular local government area and—

(a) a person has made an application for an ASB case review of the response to that behaviour, but the relevant bodies in that area have decided that the threshold for a review is not met, or

(b) the relevant bodies in that area have carried out an ASB case review of the response to that behaviour.

(2) The local policing body for the relevant police area must carry out a review of the response to the anti-social behaviour (an “LPB case review”) if—

(a) the applicant in relation to the ASB case review, or a person acting on behalf of the applicant with their consent, makes an application for an LPB case review, and

(b) the body considers that the threshold for carrying out an ASB case review in relation to the anti-social behaviour was met.

(3) If no application has been made for an LPB case review of the response to the anti-social behaviour, the local policing body for the relevant police area may carry out an LPB case review if the body considers that—

(a) it is appropriate to carry out the LPB case review, and

(b) the threshold for carrying out an ASB case review of the response to that behaviour was met.

(4) Each local policing body must—

(a) make arrangements about the carrying out of LPB case reviews by that body (“LPB review procedures”), and

(b) ensure that the current LPB review procedures are published.

(5) The LPB review procedures must include provision about the making of applications for LPB case reviews and, in particular, must specify the point of contact for making applications.

(6) A local policing body who carries out an LPB case review may make recommendations to a person who exercises public functions in respect of any matters arising from the review; and the person must have regard to the recommendations in exercising public functions.

(7) Where an LPB case review of the response to anti-social behaviour follows an ASB case review of the response to the same behaviour, a person is not required to have regard to the recommendations resulting from the ASB case review unless the recommendations are confirmed by the local policing body.

(8) A local policing body who carries out an LPB case review must inform the relevant applicant of—

(a) the outcome of the review, and

(b) any recommendations made in accordance with subsection (6) or confirmed in accordance with subsection (7).

(9) In subsection (8) “the relevant applicant” means—

(a) where the local policing body carries out an LPB case review in response to an application, the person who made the application, or

(b) in any other case, the person who applied for the ASB case review mentioned in subsection (1).

(10) As soon as practicable after the end of a reporting period, each local policing body must publish information about the following matters which relates to that period—

(a) the number of applications for LPB case reviews made to the body;

(b) the number of times that the body decided that an LPB case review should not be carried out in response to an application;

(c) the number of LPB case reviews the body has carried out in response to an application;

(d) the number of LPB case reviews the body has carried out otherwise than in response to an application;

(e) the number of LPB case reviews carried out by the body that have resulted in recommendations being made by the body;

(f) the number of LPB case reviews carried out by the body—

(i) which were reviews of the response to anti-social behaviour following an ASB case review of the response to the same behaviour, and

(ii) as a result of which the body has confirmed any of the recommendations resulting from the ASB case review;

(g) the number of LPB case reviews carried out by the body—

(i) which were reviews of the response to anti-social behaviour following an ASB case review of the response to the same behaviour, and

(ii) as a result of which the body has declined to confirm any of the recommendations resulting from the ASB case review.

(11) Schedule 4A (LPB case reviews supplementary provision) has effect.

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(1B) A relevant local policing body for a local government area may make recommendations to the responsible authorities for that area about the exercise of their functions under subsection (1).

(1C) Recommendations made under subsection (1B) by a police and crime commissioner or the Mayor’s Office for Policing and Crime must support the delivery of the police and crime objectives set out in the police and crime plan issued by that body.

(1D) Recommendations made under subsection (1B) by the Common Council of the City of London must support the policing objectives set out in the policing plan issued by the Common Council.

(1E) In exercising functions under subsection (1), each of the responsible authorities for a local government area must consider any recommendations about the exercise of those functions made under subsection (1B) by a relevant local policing body for that area.

(1F) If the responsible authorities for a local government area do not implement recommendations made under subsection (1B) by a relevant local policing body for that area, they must inform the body of their reasons for not doing so.

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(8A) In this section “relevant local policing body”, in relation to a local government area, means—

(a) if the area (or any part of it) falls within the police area of a police and crime commissioner, the commissioner,

(b) if the area (or any part of it) falls within the metropolitan police district, the Mayor’s Office for Policing and Crime, and

(c) if the area (or any part of it) is the City of London, the Common Council of the City of London.

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(1A) The Secretary of State may by rules make provision enabling a chief officer of police to appeal to a police appeals tribunal against a decision relating to—

(a) a member or former member of the force for whom they are the chief officer, or

(b) a special constable or former special constable appointed for the chief officer’s police area.

(1B) The Secretary of State may by rules make provision enabling a local policing body to appeal to a police appeals tribunal against a decision relating to—

(a) the chief officer of police for whom it is the local policing body, or

(b) any former chief officer of police for whom it was the local policing body.

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(aa) make provision enabling the chief constable of the Ministry of Defence Police to appeal to a police appeals tribunal against a decision relating to a member, or former member, of the Ministry of Defence Police, other than a person who is a senior officer or who, immediately before ceasing to be such a member, was a senior officer;

(ab) make provision enabling the Secretary of State to appeal to a police appeals tribunal against a decision relating to—

(i) the chief constable, or a former chief constable, of the Ministry of Defence Police, or

(ii) a person who is a senior officer or who, immediately before ceasing to be a member of the Ministry of Defence Police, was a senior officer;

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(4A) Regulations under this section may provide for decisions relating to appeals which would otherwise fall to be taken by the Secretary of State or the chief constable of the Ministry of Defence Police to be taken instead by—

(a) a person appointed in accordance with the regulations; or

(b) the Ministry of Defence Police Committee.

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senior officer has the same meaning as in section 4.

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