A bill to Make provision about victims of criminal conduct and others affected by criminal conduct; about the appointment and functions of individuals to act as independent public advocates for victims of major incidents; about the release of prisoners; about the membership and functions of the Parole Board; to prohibit certain prisoners from forming a marriage or civil partnership; and for connected purposes.
Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part 1 — Victims of criminal conduct¶
Meaning of “victim”¶
1 Meaning of “victim”¶
Victims’ code¶
2 The victims’ code¶
3 Preparing and issuing the victims’ code¶
4 Revising the victims’ code¶
5 Effect of non-compliance¶
6 Code awareness and reviewing compliance: criminal justice bodies¶
7 Reviewing code compliance: elected local policing bodies¶
8 Code awareness and reviewing compliance: British Transport Police¶
9 Code awareness and reviewing compliance: Ministry of Defence Police¶
10 Publication of code compliance information¶
11 Guidance on code awareness and reviewing compliance¶
Collaboration in exercise of victim support functions¶
12 Duty to collaborate in exercise of victim support functions¶
13 Strategy for collaboration in exercise of victim support functions¶
14 Guidance on collaboration in exercise of victim support functions¶
Independent domestic violence and sexual violence advisors¶
15 Guidance about independent domestic violence and sexual violence advisors¶
Victims’ Commissioner¶
16 Commissioner for Victims and Witnesses¶
;(4A) A report prepared under subsection (2)(b) or (4) may include provision making recommendations to any authority within the Commissioner’s remit.
(5A) The Commissioner must arrange for each report prepared under subsection (4) to be laid before Parliament.
49A Duty to respond to Commissioner’s recommendations
(1) This section applies where the Commissioner publishes a report under section 49(2)(b) or (4) containing recommendations to an authority within the Commissioner’s remit. (2) The relevant person must prepare comments on the report. (3) The relevant person is— (a) where the authority is a government department in the charge of a Minister of the Crown, the Minister, or (b) in any other case, the authority. (4) The comments must include, in respect of each recommendation made in the report, an explanation of— (a) the action which the relevant person has taken, or proposes to take, in response to the recommendation, or (b) why the relevant person has not taken, or does not propose to take, any action in response. (5) The relevant person must arrange for the comments to be published in such manner as the person considers appropriate. (6) The comments must be published before the end of the period of 56 days beginning with the day on which the report is published. (7) The relevant person must send a copy of anything published under subsection (6) to— (a) the Commissioner, and (b) (unless the authority is a government department in the charge of a Minister of the Crown) the Secretary of State.
;1 A government department in the charge of a Minister of the Crown.
;11A A local policing body.
;16A His Majesty’s Inspectors of Constabulary.
29A His Majesty's Chief Inspector of the Crown Prosecution Service. 29B His Majesty’s Chief Inspector of Prisons. 29C His Majesty’s Inspectorate of Probation for England and Wales.
Inspections by criminal justice inspectorates¶
17 His Majesty’s Chief Inspector of Prisons¶
.(ia) the Commissioner for Victims and Witnesses, and
(7) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction require a joint inspection programme to include provision for the inspection, at specified times, of specified matters relating to the experiences and treatment of victims. (8) In sub-paragraph (7)— specified means specified in the direction; victim has the meaning given by section 1 of the Victims and Prisoners Act 2024.
18 His Majesty’s Chief Inspector of Constabulary¶
.(ia) the Commissioner for Victims and Witnesses, and
(7) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction require a joint inspection programme to include provision for the inspection, at specified times, of specified matters relating to the experiences and treatment of victims. (8) In sub-paragraph (7)— specified means specified in the direction; victim has the meaning given by section 1 of the Victims and Prisoners Act 2024.
19 His Majesty’s Chief Inspector of the Crown Prosecution Service¶
.(ia) the Commissioner for Victims and Witnesses, and
(7) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction require a joint inspection programme to include provision for the inspection, at specified times, of specified matters relating to the experiences and treatment of victims. (8) In sub-paragraph (7)— specified means specified in the direction; victim has the meaning given by section 1 of the Victims and Prisoners Act 2024.
20 His Majesty’s Chief Inspector of Probation for England and Wales¶
.(ia) the Commissioner for Victims and Witnesses, and
(7) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction require a joint inspection programme to include provision for the inspection, at specified times, of specified matters relating to the experiences and treatment of victims. (8) In sub-paragraph (7)— specified means specified in the direction; victim has the meaning given by section 1 of the Victims and Prisoners Act 2024.
Parliamentary Commissioner for Administration¶
21 Parliamentary Commissioner for Administration¶
;(a) a written complaint is duly made by a member of the public, who claims to have sustained injustice in consequence of maladministration in connection with the action so taken, to— (i) the Commissioner, if the complaint relates to the complainant’s experience as a victim, or (ii) in any other case, a member of the House of Commons, and
;(a) a written complaint is duly made by a member of the public, who claims that a person has failed to perform a relevant duty owed by that person to the member of the public, to— (i) the Commissioner, if the complaint relates to the complainant’s experience as a victim, or (ii) in any other case, a member of the House of Commons, and
(9B) In this section, “victim” has the meaning given by section 1 of the Victims and Prisoners Act 2024.
(1B) A complaint under section 5(1)(a)(i) or (1A)(a)(i) may also be made by a person who is authorised to act on behalf of the person aggrieved.
(2A) Except as provided by subsections (1B) and (2), a complaint may not be entertained under this Act unless made by the person aggrieved.
(1A) In any case where the Commissioner conducts an investigation pursuant to a complaint made to the Commissioner under section 5(1)(a)(i) or (1A)(a)(i), or decides not to conduct such an investigation, the Commissioner— (a) must send to the person who made the complaint a report of the results of the investigation or, as the case may be, a statement of the Commissioner’s reasons for not conducting an investigation, and (b) may, with the consent of the person who made the complaint, send the report or statement to such member of the House of Commons as the Commissioner considers appropriate. (1B) References in subsection (1A) to the person who made the complaint are, in a case where the complaint is made by a person authorised to act on behalf of the person aggrieved (see section 6(1B)), to that authorised person.
Information relating to victims¶
22 Information relating to victims¶
In Part 2 of the Police, Crime, Sentencing and Courts Act 2022 (prevention, investigation and prosecution of crime), after Chapter 3 insert—Chapter 3A — Requests for information relating to victims
44A Requests for information relating to victims
(1) A victim information request must be made in accordance with this Chapter. (2) In this Chapter, a “victim information request” means a request by an authorised person to another person to provide information which relates to a third person who the authorised person has reason to believe is or may be— (a) a victim, or (b) at risk of being a victim. (3) A victim information request may be made only if the authorised person— (a) has reason to believe that the person to whom the request is made holds the information sought, (b) has reason to believe that the information sought is relevant to a reasonable line of enquiry which is being pursued, or is to be pursued, by the authorised person or another authorised person, and (c) is satisfied that the request is necessary and proportionate to achieve the purpose of preventing, detecting, investigating or prosecuting crime. (4) The reference in subsection (3)(c) to crime is a reference to― (a) conduct which constitutes one or more criminal offences in England and Wales, or (b) conduct which, if it took place in England and Wales, would constitute one or more criminal offences. (5) Subsection (6) applies if the authorised person thinks that, in making the request, there is a risk of obtaining information other than information necessary to achieve a purpose within subsection (3)(c). (6) The authorised person must, to be satisfied that the request is proportionate, be satisfied that— (a) there are no other means of obtaining the information sought, or (b) there are such other means, but it is not reasonably practicable to use them. (7) In making a victim information request or deciding whether to make such a request (including giving notice under section 44B or deciding whether to give such notice) an authorised person must have regard to the code of practice for the time being in force under section 44D. (8) In this section— criminal offence includes— (a) a service offence within the meaning of the Armed Forces Act 2006, and (b) an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059); victim has the meaning given by section 1 of the Victims and Prisoners Act 2024. (9) This section is subject to sections 44B (notice requirements for victim information requests) and 44C (content of victim information requests). 44B Notice requirements for victim information requests
(1) The authorised person must (subject to subsection (5)) give notice of a victim information request to the person to whom the information sought relates (“V”). (2) Notice under this section must be in writing— (a) specifying or describing the information sought by the victim information request, (b) specifying the reason why the information is sought, and (c) specifying how the information will be dealt with once it has been obtained. (3) Notice under this section must be given— (a) on or before the date on which the victim information request is made, or (b) if that is not reasonably practicable, as soon as is reasonably practicable after that date. (4) If V is a child or an adult without capacity, notice under this section is given to V by giving it to— (a) a parent or guardian of V or, if V is in the care of a relevant authority or voluntary organisation, a person representing that authority or organisation, or (b) if no person described in paragraph (a) is available, any adult who the authorised person considers appropriate. (5) The authorised person need not give notice under this section, or specify a particular matter when giving notice, if the authorised person considers that doing so― (a) is not reasonably practicable in the circumstances, (b) might interfere with the investigation or enquiry for which the information is sought or any other investigation or enquiry which is being pursued, or is to be pursued, by the authorised person or another authorised person, or (c) might risk causing serious harm to V or another person. (6) In this section― adult means a person aged 18 or over; adult without capacity means an adult who, within the meaning of the Mental Capacity Act 2005, lacks capacity to understand a notice under this section; child means a person aged under 18; harm includes physical, mental or emotional harm and economic loss; relevant authority has the same meaning as in Chapter 3 of this Part (see section 38(11)); voluntary organisation means a body (other than a public authority) whose activities are not carried on for profit. 44C Content of victim information requests
(1) A victim information request must be in writing― (a) specifying or describing the information sought, (b) specifying the reason why the information is sought, and (c) specifying how the information will be dealt with once it has been obtained. (2) The authorised person need not specify the matters mentioned in subsection (1)(b) or (c) if the authorised person considers that doing so― (a) is not reasonably practicable in the circumstances, (b) might interfere with the investigation or enquiry for which the information is sought or any other investigation or enquiry which is being pursued, or is to be pursued, by the authorised person or another authorised person, or (c) might risk causing serious harm to the person to whom the information sought relates or another person. 44D Code of practice
(1) The Secretary of State must prepare a code of practice for authorised persons about victim information requests and compliance with this Chapter. (2) The code may make different provision for different purposes or areas. (3) In preparing the code, the Secretary of State must consult― (a) the Information Commissioner, (b) the Commissioner for Victims and Witnesses, (c) the Domestic Abuse Commissioner, and (d) such other persons as the Secretary of State considers appropriate. (4) After preparing the code, the Secretary of State must lay it before Parliament and publish it. (5) The code is to be brought into force by regulations made by statutory instrument. (6) A statutory instrument containing regulations under subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament. (7) After the code has come into force the Secretary of State may from time to time revise it. (8) A failure on the part of an authorised person to act in accordance with the code does not of itself render the person liable to any criminal or civil proceedings. (9) But the code is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to act in accordance with it in determining a question in the proceedings. (10) References in subsections (2) to (9) to the code include a revised code, subject to subsection (11). (11) The duty to consult in subsection (3) does not apply in relation to the preparation of a revised code if the Secretary of State considers that the proposed revisions are insubstantial. 44E Authorised persons
(1) In this Chapter, each of the following is an “authorised person”— (a) a constable of a police force in England and Wales; (b) a member of staff appointed by the chief officer of police of a police force in England and Wales; (c) an employee of the Common Council of the City of London who is under the direction and control of a chief officer of police; (d) a constable of the British Transport Police Force; (e) an employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003; (f) a constable of the Ministry of Defence police; (g) a National Crime Agency officer; (h) a member of the Royal Navy Police, the Royal Military Police or the Royal Air Force Police; (i) a person designated by the Director General of the Independent Office for Police Conduct under paragraph 19(2) of Schedule 3 to the Police Reform Act 2002; (j) a person who has been engaged to provide services consisting of or including the obtaining of information for the purposes of the exercise of functions by a person mentioned in any of paragraphs (a) to (i). (2) The Secretary of State may by regulations made by statutory instrument amend subsection (1)— (a) so as to add a reference to a person; (b) so as to remove a reference to a person; (c) so as to modify a description of a person mentioned. (3) Regulations under subsection (2) may contain transitional, transitory or saving provision. (4) A statutory instrument containing regulations under subsection (2)(a) or (b) (whether alone or with other provision) 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.
Data protection¶
23 Data protection¶
Consequential provision¶
24 Consequential provision¶
Part 2 — Victims of major incidents¶
Appointment of independent public advocates¶
25 Appointment of independent public advocate¶
26 Terms of appointment¶
27 Appointment of multiple independent public advocates¶
Functions and powers of independent public advocates¶
28 Functions of an independent public advocate¶
29 Role of advocates under Part 1 of the Coroners and Justice Act 2009¶
In section 47(2) of the Coroners and Justice Act 2009 (interested persons in relation to a deceased person or investigation or inquest into a death), after paragraph (l) insert—.(la) an independent public advocate appointed under Part 2 of the Victims and Prisoners Act 2024 in respect of a major incident which may have caused or contributed to the death of the deceased;
30 Reports to the Secretary of State¶
31 Information sharing and data protection¶
Independent public advocates: guidance¶
32 Guidance for independent public advocates¶
Part 3 — Prisoners¶
Public protection decisions¶
33 Public protection decisions: life prisoners¶
28ZA Public protection decisions
(1) This section applies for the purposes of any public protection decision made by a decision-maker about a life prisoner under a relevant provision of this Chapter. (2) A “public protection decision”, in relation to a prisoner, is a decision as to whether the decision-maker is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined. (3) The decision-maker must not be so satisfied unless the decision-maker considers that there is no more than a minimal risk that, were the prisoner no longer confined, the prisoner would commit a further offence the commission of which would cause serious harm. (4) In making that assessment, the decision-maker must consider the risk that the prisoner would engage in conduct which would (or, if carried out in any particular part of the United Kingdom, would) constitute an offence specified in Schedule 18B to the Criminal Justice Act 2003. (5) When making a public protection decision about a prisoner, the following matters must be taken into account by the decision-maker— (a) the nature and seriousness of the offence in respect of which the relevant sentence was imposed; (b) the nature and seriousness of any other offence for which the prisoner has at any time been convicted; (c) the conduct of the prisoner while serving the relevant sentence (whether in prison or on licence); (d) the risk that the prisoner would commit a further offence (whether or not specified in Schedule 18B to the Criminal Justice Act 2003) if no longer confined; (e) the risk that, if released on licence, the prisoner would fail to comply with one or more licence conditions; (f) any evidence of the effectiveness in reducing the risk the prisoner poses to the public of any treatment, education or training the prisoner has received or participated in while serving the relevant sentence; (g) any submissions made by or on behalf of the prisoner or the Secretary of State (whether or not on a matter mentioned in paragraphs (a) to (f)). (6) When making a public protection decision about a prisoner, the decision-maker must in particular have regard to the protection of any victim of the prisoner. (7) For the purposes of subsection (6), a “victim” of a prisoner is a person who meets the definition of victim in section 1 of the Victims and Prisoners Act 2024 by reference to the conduct which constituted the offence for which the relevant sentence was imposed. (8) In subsections (5) and (7), “relevant sentence” means the sentence in respect of which the public protection decision is made. (9) This section does not limit the matters which the decision-maker must or may take into account when making a public protection decision. (10) The “relevant provisions” of this Chapter under which a public protection decision may be made, and the purposes for which the decision is made, are— (a) section 28(6)(b), for the purposes of section 28(5); (b) section 32(5A), for the purposes of section 32(5); (c) section 32ZAC(2), for the purposes of section 32ZAC(1). (11) The “decision-maker”, in relation to a public protection decision made under a relevant provision of this Chapter, is— (a) if the decision is made under section 28(6)(b) or 32(5A), the Parole Board; (b) if the decision is made under section 32ZAC(2), the Secretary of State. (12) Subsection (2) has effect in relation to a decision made by the Parole Board under section 32(5A) (recall of life prisoners while on licence) as if for the words “be confined” there were substituted “remain in prison”.
.public protection decision has the meaning given by section 28ZA(2);
.public protection decision, in relation to a prisoner, has the meaning given by section 28ZA(2);
;(4ZA) The Parole Board must not be satisfied as mentioned in subsection (4)(a) unless it considers that there is no more than a minimal risk that, if the prisoner’s licence were to cease to have effect, the prisoner would commit a further offence, the commission of which would cause serious harm (and section 28ZA(4) applies for the purposes of that assessment).
(4BA) Where subsection (4)(a) has effect in accordance with subsection (4B)(b)(i), subsection (4ZA) has effect as if for the words “if the prisoner’s licence were to cease to have effect” there were substituted “if the prisoner were released unconditionally”.
34 Public protection decisions: fixed-term prisoners¶
.237A Public protection decisions
(1) This section applies for the purposes of any public protection decision made by a decision-maker about a prisoner under a relevant provision of this Chapter. (2) A “public protection decision”, in relation to a prisoner, is a decision as to whether the decision-maker is satisfied that it is not necessary, or no longer necessary, for the protection of the public that the prisoner should be confined. (3) The decision-maker must not be so satisfied unless the decision-maker considers that there is no more than a minimal risk that, were the prisoner no longer confined, the prisoner would commit a further offence the commission of which would cause serious harm. (4) In making that assessment, the decision-maker must consider the risk that the prisoner would engage in conduct which would (or, if carried out in any particular part of the United Kingdom, would) constitute an offence specified in Schedule 18B. (5) When making a public protection decision about a prisoner, the following matters must be taken into account by the decision-maker— (a) the nature and seriousness of the offence in respect of which the relevant sentence was imposed; (b) the nature and seriousness of any other offence for which the prisoner has at any time been convicted; (c) the conduct of the prisoner while serving the relevant sentence (whether in prison or on licence); (d) the risk that the prisoner would commit a further offence (whether or not specified in Schedule 18B) if no longer confined; (e) the risk that, if released on licence, the prisoner would fail to comply with one or more licence conditions; (f) any evidence of the effectiveness in reducing the risk the prisoner poses to the public of any treatment, education or training the prisoner has received or participated in while serving the relevant sentence; (g) any submissions made by or on behalf of the prisoner or the Secretary of State (whether or not on a matter mentioned in paragraphs (a) to (f)). (6) When making a public protection decision about a prisoner, the decision-maker must in particular have regard to the protection of any victim of the prisoner. (7) For the purposes of subsection (6), a “victim” of a prisoner is a person who meets the definition of victim in section 1 of the Victims and Prisoners Act 2024 by reference to the conduct which constituted the offence for which the relevant sentence was imposed. (8) In subsections (5) and (7), “relevant sentence” means the sentence in respect of which the public protection decision is made. (9) This section does not limit the matters which the decision-maker must or may take into account when making a public protection decision. (10) Section 237B lists the “relevant provisions” of this Chapter under which a public protection decision may be made, and the purposes for which the decision is made. (11) The “decision-maker”, in relation to a public protection decision made under a relevant provision of this Chapter, is— (a) if the decision is made under section 256AZBC(2), the Secretary of State; (b) in any other case, the Board. (12) Subsection (2) has effect in relation to a decision made by the Board— (a) under section 255B(4A) (automatic release) as if for the words “be confined” there were substituted “remain in prison until the end of the period mentioned in section 255B(1)(b)”; (b) under section 255C(4A) (prisoners not suitable for automatic release) or 256A(4) (further review) as if for the words “be confined” there were substituted “remain in prison”. (13) The Secretary of State may by order amend Schedule 18B so as to— (a) specify a further offence, or (b) omit an offence for the time being specified. 237B Relevant provisions of this Chapter and corresponding purposes
In the following table—(a) the first column lists each provision of this Chapter which is a “relevant provision” under which a public protection decision may be made; (b) the second column lists, in relation to each relevant provision, the purposes for which the decision is made.
Relevant provision
Purposes
section 244ZC(4)
section 244ZC(3)
section 244ZC(5)(b)
section 244ZC(3)
section 244A(4)(b)
section 244A(3)
section 246A(6)(b)
section 246A(5)
section 247A(5)(b)
section 247A(4)
section 255B(4A)
section 255B(4A)
section 255C(4A)
section 255C(4A)
section 256A(4)
section 256A(4)
paragraph 6(2) of Schedule 20B
paragraph 6(1) of Schedule 20B
paragraph 15(4) of Schedule 20B
paragraph 15(3) of Schedule 20B
paragraph 25(3) of Schedule 20B
paragraph 25(2) of Schedule 20B
paragraph 28(3) of Schedule 20B
paragraph 28(2) of Schedule 20B
.public protection decision has the meaning given by section 237A(2);
.public protection decision, in relation to a prisoner, has the meaning given by section 237A(2);
(3A) The Secretary of State must not be satisfied as mentioned in subsection (3) unless the Secretary of State considers that there is no more than a minimal risk that, if P were released before the end of the period mentioned in subsection (1)(b), P would commit a further offence, the commission of which would cause serious harm (and section 237A(4) applies for the purposes of that assessment).
(3A) The Secretary of State must not be satisfied as mentioned in subsection (3) unless the Secretary of State considers that there is no more than a minimal risk that, if P were released, P would commit a further offence, the commission of which would cause serious harm (and section 237A(4) applies for the purposes of that assessment).
(3) Provision made in an order under subsection (1)(c) by virtue of section 330(4) (consequential etc provision) may in particular amend, or modify the application of, the following provisions— (a) section 256AZBC(2) (powers of Secretary of State on referral of release decision); (b) section 256AZBD(3)(b) or (7) (appeal to Upper Tribunal of decisions on referral).
.section 237A(13),
.public protection decision has the meaning given by section 237A(2); relevant public protection decision means the public protection decision made— (a) under paragraph 6(2) for the purposes of paragraph 6(1), (b) under paragraph 15(4) for the purposes of paragraph 15(3), (c) under paragraph 25(3) for the purposes of paragraph 25(2), or (d) under paragraph 28(3) for the purposes of paragraph 28(2);
;public protection decision, in relation to a prisoner, has the meaning given by section 237A(2);
relevant public protection decision, in relation to a prisoner, means the public protection decision made— (a) under paragraph 6(2) for the purposes of paragraph 6(1), (b) under paragraph 15(4) for the purposes of paragraph 15(3), (c) under paragraph 25(3) for the purposes of paragraph 25(2), or (d) under paragraph 28(3) for the purposes of paragraph 28(2).
35 Amendment of power to change test for release on licence of certain prisoners¶
;(aza) amend section 28ZA of the Crime (Sentences) Act 1997 (public protection decisions), as that section applies for the purposes of section 28 or 32 of that Act,
.(aaza) amend section 237A of the Criminal Justice Act 2003 (public protection decisions), as that section applies for the purposes of a provision of that Act mentioned in any of paragraphs (aaa) to (c) below,
(3A) Provision made in an order under this section by virtue of subsection (3)(f) may in particular amend, or modify the application of, the following provisions— (a) section 32ZAC(2) of the Crime (Sentences) Act 1997 (powers of Secretary of State on referral of release decision); (b) section 32ZAD(3)(b) or (7) of that Act (appeal to Upper Tribunal of decisions on referral); (c) section 256AZBC(2) of the Criminal Justice Act 2003 (powers of Secretary of State on referral of release decision); (d) section 256AZBD(3)(b) or (7) of that Act (appeal to Upper Tribunal of decisions on referral).
Referral of release decisions to Secretary of State¶
36 Referral of release decisions: life prisoners¶
After section 32ZA of the Crime (Sentences) Act 1997 insert—Referral of release decisions to Secretary of State
32ZAA Referral of release decisions to Secretary of State
(1) This section applies where— (a) a prisoner is serving a life sentence imposed in respect of an offence specified or described in section 32ZAB (the “relevant sentence”), (b) the Parole Board is required to make a public protection decision about the prisoner under section 28(6)(b) or 32(5A), and (c) the public protection decision relates to the relevant sentence. (2) The Parole Board may refer the prisoner’s case to the Secretary of State instead of making the public protection decision. (3) The Parole Board may refer the prisoner’s case to the Secretary of State under subsection (2) for any reason it considers appropriate, including where it considers that, in the particular circumstances of the case, it is unable adequately to assess the risk to the public were the prisoner no longer confined. (4) Subsection (5) applies where the Parole Board— (a) makes the public protection decision under section 28(6)(b) or 32(5A) (as the case may be), and (b) directs the prisoner’s release under section 28(5)(b) or 32(5). (5) The Secretary of State may direct the Parole Board to refer the prisoner’s case to the Secretary of State. (6) Where the Secretary of State gives a direction under subsection (5), the Parole Board’s direction is quashed (and accordingly, the Secretary of State is not required to give effect to it). (7) This section applies in relation to a prisoner whose sentence was imposed before, as well as after, this section comes into force. (8) But nothing in this section affects the duty of the Secretary of State to release a prisoner whose release has been directed by the Parole Board before this section comes into force. (9) In this section, “public protection decision” has the meaning given by section 28ZA(2). 32ZAB Offences for purposes of Secretary of State referral
(1) The offences specified or described in this section (for the purposes of section 32ZAA) are— (a) murder; (b) an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004, where a child has died as a result of the prisoner’s unlawful act; (c) an offence specified in any of paragraphs 41 to 43 of Schedule 18 to the Sentencing Code (specified terrorism offences other than inchoate offences); (d) an offence that is not an inchoate offence and was determined to have a terrorist connection, within the meaning given by section 247A(7A) of the Criminal Justice Act 2003; (e) an offence under section 1 of the Sexual Offences Act 2003 (rape); (f) an offence under section 5 of that Act (rape of a child under 13); (g) an offence under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9) (rape); (h) an offence under section 18 of that Act (rape of a young child); (i) an offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) (rape); (j) an offence under Article 12 of that Order (rape of a child under 13); (k) an offence that— (i) is abolished, and (ii) would have constituted an offence referred to in paragraphs (a) to (j) if committed on or after the date on which it was abolished. (2) A sentence in respect of a service offence is to be treated for the purposes of section 32ZAA as if it were a sentence in respect of the corresponding offence. (3) In subsection (2)— (a) “service offence” means an offence under— (i) section 42 of the Armed Forces Act 2006, (ii) section 70 of the Army Act 1955 or the Air Force Act 1955, or (iii) section 42 of the Naval Discipline Act 1957; (b) “corresponding offence” means— (i) in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section; (ii) in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act; (iii) in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section. 32ZAC Powers of the Secretary of State
(1) On a referral of a prisoner’s case under section 32ZAA, the Secretary of State must either— (a) release the prisoner on licence as soon as is reasonably practicable in all the circumstances including, in particular, the need to make arrangements in connection with any conditions that are to be included in the licence, or (b) decide that the prisoner should remain confined. (2) The Secretary of State must not release the prisoner on licence under subsection (1)(a) unless the Secretary of State is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined. (3) A decision under subsection (1)(b) that the prisoner should remain confined has effect as if the prisoner’s case were disposed of by the Parole Board on the date on which that decision is made. (4) If the Secretary of State makes a decision under subsection (1)(b), the Secretary of State must— (a) notify the prisoner and the Parole Board of the decision, and the Secretary of State’s reasons for making it, and (b) notify the prisoner of the prisoner’s right to appeal the decision under section 32ZAD.
37 Referral of release decisions: fixed-term prisoners¶
After section 256AZB of the Criminal Justice Act 2003 insert—Referral of release decisions to Secretary of State
256AZBA Referral of release decisions to Secretary of State
(1) This section applies where— (a) a prisoner is serving a fixed-term sentence imposed in respect of an offence specified or described in section 256AZBB (the “relevant sentence”), (b) the Board is required to make a public protection decision about the prisoner under a relevant provision of this Chapter, and (c) the public protection decision relates to the relevant sentence. (2) The Board may refer the prisoner’s case to the Secretary of State instead of making the public protection decision. (3) The Board may refer the prisoner’s case to the Secretary of State under subsection (2) for any reason it considers appropriate, including where it considers that, in the particular circumstances of the case, it is unable adequately to assess the risk to the public were the prisoner no longer confined. (4) Subsection (5) applies where the Board— (a) makes the public protection decision under the relevant provision, and (b) directs the prisoner’s release under the corresponding power of direction. (5) The Secretary of State may direct the Board to refer the prisoner’s case to the Secretary of State. (6) Where the Secretary of State gives a direction under subsection (5), the Board’s direction is quashed (and accordingly, the Secretary of State is not required to give effect to it). (7) This section applies in relation to a prisoner whose sentence was imposed before, as well as after, this section comes into force. (8) But nothing in this section affects the duty of the Secretary of State to release a prisoner whose release has been directed by the Board before this section comes into force. (9) In this section— corresponding power of direction, in relation to a relevant provision, is the power of the Board to direct the Secretary of State to release the prisoner, for the purposes of which the public protection decision is made (see section 237B); public protection decision has the meaning given by section 237A(2); relevant provision has the meaning given by section 237B. 256AZBB Offences for purposes of Secretary of State referral
(1) The offences specified or described in this section (for the purposes of section 256AZBA) are— (a) an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004, where a child has died as a result of the prisoner’s unlawful act; (b) an offence specified in any of paragraphs 41 to 43 of Schedule 18 to the Sentencing Code (specified terrorism offences other than inchoate offences); (c) an offence that is not an inchoate offence and was determined to have a terrorist connection, within the meaning given by section 247A(7A); (d) an offence under section 1 of the Sexual Offences Act 2003 (rape); (e) an offence under section 5 of that Act (rape of a child under 13); (f) an offence under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9) (rape); (g) an offence under section 18 of that Act (rape of a young child); (h) an offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) (rape); (i) an offence under Article 12 of that Order (rape of a child under 13); (j) an offence that— (i) is abolished, and (ii) would have constituted an offence referred to in paragraphs (a) to (i) if committed on or after the date on which it was abolished. (2) A sentence in respect of a service offence is to be treated for the purposes of section 256AZBA as if it were a sentence in respect of the corresponding offence. (3) In subsection (2)— (a) “service offence” means an offence under— (i) section 42 of the Armed Forces Act 2006, (ii) section 70 of the Army Act 1955 or the Air Force Act 1955, or (iii) section 42 of the Naval Discipline Act 1957; (b) “corresponding offence” means— (i) in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section; (ii) in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act; (iii) in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section. 256AZBC Powers of the Secretary of State
(1) On a referral of a prisoner’s case under section 256AZBA, the Secretary of State must either— (a) release the prisoner on licence as soon as is reasonably practicable in all the circumstances including, in particular, the need to make arrangements in connection with any conditions that are to be included in the licence, or (b) decide that the prisoner should remain confined. (2) The Secretary of State must not release the prisoner on licence under subsection (1)(a) unless the Secretary of State is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined. (3) A decision under subsection (1)(b) that the prisoner should remain confined has effect as if the prisoner’s case were disposed of by the Board on the date on which that decision is made. (4) If the Secretary of State makes a decision under subsection (1)(b), the Secretary of State must— (a) notify the prisoner and the Board of the decision, and the Secretary of State’s reasons for making it, and (b) notify the prisoner of the prisoner’s right to appeal the decision under section 256AZBD. (5) If the decision referred to the Secretary of State is a decision under section 255B(4A) (automatic release), subsection (2) has effect as if for the words “be confined” there were substituted “remain in prison until the end of the period mentioned in section 255B(1)(b)”.
38 Procedure on referral of release decisions¶
After section 239 of the Criminal Justice Act 2003 insert—239A Procedure on referral of release decisions to Secretary of State
(1) This section applies in relation to cases referred to the Secretary of State under section 256AZBA and under section 32ZAA of the 1997 Act (in this section “referred cases”). (2) The Secretary of State must, in dealing with referred cases, consider— (a) any documents given to the Secretary of State by the Board, and (b) any other oral or written information obtained by the Secretary of State, and if in any particular case the Secretary of State thinks it necessary to interview the prisoner to whom the case relates before reaching a decision, the Secretary of State may authorise a person to interview the prisoner and must consider the report of the interview made by that person.(3) The Secretary of State must deal with referred cases on consideration of all such evidence as may be adduced before the Secretary of State. (4) Subject to subsections (2) and (3), in dealing with a referred case the Secretary of State may make such findings of fact as the Secretary of State considers appropriate. (5) Without prejudice to the foregoing provisions of this section, the Secretary of State may make rules with respect to the procedure to be followed by the Secretary of State in dealing with referred cases, including rules requiring cases to be dealt with at prescribed times.
Appeal to Upper Tribunal of decisions on referral¶
39 Appeal to Upper Tribunal of decisions on referral: life prisoners¶
After section 32ZAC of the Crime (Sentences) Act 1997 (inserted by section 36) insert—Appeal to Upper Tribunal of decisions on referral
32ZAD Appeal to Upper Tribunal of decisions on referral
(1) This section applies where the Secretary of State makes a decision under section 32ZAC(1)(b) that a prisoner should remain confined. (2) The prisoner may appeal the decision to the Upper Tribunal. (3) The appeal may be made only on one or more of the following grounds (and no other grounds)— (a) that the Secretary of State’s decision was flawed by reason of— (i) illegality, (ii) irrationality (and see subsection (4)), (iii) procedural impropriety, or (iv) an error of fact made by the Secretary of State that was fundamental to the decision; (b) that there is no more than a minimal risk that, were the prisoner no longer confined, the prisoner would commit a further offence the commission of which would cause serious harm. (4) The Upper Tribunal must not find that the Secretary of State’s decision was flawed by reason of irrationality unless it is satisfied that the decision was one that no reasonable Secretary of State could have made. (5) An appeal on a ground in subsection (3)(a) may be made only with the permission of the Upper Tribunal. (6) On an appeal on a ground in subsection (3)(a), the Upper Tribunal may— (a) dismiss the appeal and confirm the Secretary of State’s decision, or (b) remit the decision to the Secretary of State to reconsider. (7) Where the Upper Tribunal is determining an appeal on the ground in subsection (3)(b), subsections (4) to (9) of section 28ZA apply to the determination as they apply to a public protection decision (within the meaning of that section). (8) On an appeal on the ground in subsection (3)(b), the Upper Tribunal— (a) must, if satisfied that the ground is made out, set aside the Secretary of State’s decision and direct the Secretary of State to release the prisoner on licence; (b) otherwise, must dismiss the appeal and confirm the Secretary of State’s decision. (9) If the Upper Tribunal makes a direction under subsection (8)(a), the Secretary of State must give effect to the direction as soon as is reasonably practicable in all the circumstances including, in particular, the need to make arrangements in connection with any conditions that are to be included in the prisoner’s licence.
40 Appeal to Upper Tribunal of decisions on referral: fixed-term prisoners¶
After section 256AZBC of the Criminal Justice Act 2003 (inserted by section 37) insert—Appeal to Upper Tribunal of decisions on referral
256AZBD Appeal to Upper Tribunal of decisions on referral
(1) This section applies where the Secretary of State makes a decision under section 256AZBC(1)(b) that a prisoner should remain confined. (2) The prisoner may appeal the decision to the Upper Tribunal. (3) The appeal may be made only on one or more of the following grounds (and no other grounds)— (a) that the Secretary of State’s decision was flawed by reason of— (i) illegality, (ii) irrationality (and see subsection (4)), (iii) procedural impropriety, or (iv) an error of fact made by the Secretary of State that was fundamental to the decision; (b) that there is no more than a minimal risk that, were the prisoner no longer confined, the prisoner would commit a further offence the commission of which would cause serious harm. (4) The Upper Tribunal must not find that the Secretary of State’s decision was flawed by reason of irrationality unless it is satisfied that the decision was one that no reasonable Secretary of State could have made. (5) An appeal on a ground in subsection (3)(a) may be made only with the permission of the Upper Tribunal. (6) On an appeal on a ground in subsection (3)(a), the Upper Tribunal may— (a) dismiss the appeal and confirm the Secretary of State’s decision, or (b) remit the decision to the Secretary of State to reconsider. (7) Where the Upper Tribunal is determining an appeal on the ground in subsection (3)(b), subsections (4) to (9) of section 237A apply to the determination as they apply to a public protection decision (within the meaning of that section). (8) On an appeal on the ground in subsection (3)(b), the Upper Tribunal— (a) must, if satisfied that the ground is made out, set aside the Secretary of State’s decision and direct the Secretary of State to release the prisoner on licence; (b) otherwise, must dismiss the appeal and confirm the Secretary of State’s decision. (9) If the Upper Tribunal makes a direction under subsection (8)(a), the Secretary of State must give effect to the direction as soon as is reasonably practicable in all the circumstances including, in particular, the need to make arrangements in connection with any conditions that are to be included in the prisoner’s licence.
Licence conditions on release following referral¶
41 Licence conditions of life prisoners released following referral¶
(c) where the prisoner is released on licence by the Secretary of State under section 32ZAC(1)(a), or (d) in accordance with subsection (3A).
(3A) Where the Upper Tribunal directs the Secretary of State to release the prisoner on licence under section 32ZAD(8)(a), the Secretary of State— (a) must include a condition in the prisoner's licence on release if the Upper Tribunal directs the Secretary of State to do so; (b) may subsequently insert a condition in such a licence or vary or cancel a condition of such a licence.
42 Licence conditions of fixed-term prisoners released following referral¶
In section 250 of the Criminal Justice Act 2003 (licence conditions), after subsection (5C), insert—(5D) The Secretary of State must not include a condition referred to in subsection (4)(b)(ii) in a licence within subsection (5E) on release, unless the Upper Tribunal directs the Secretary of State to do so (and must, if the Upper Tribunal so directs, include such a condition in such a licence on release). (5E) A licence is within this subsection if it is granted to a prisoner on their initial release at the direction of the Upper Tribunal under section 256AZBD(8)(a). (5F) But subsection (5D) does not prevent the Secretary of State from subsequently including a condition in a licence within subsection (5E) or varying or cancelling a condition in such a licence.
Application of Convention rights¶
43 Section 3 of the Human Rights Act 1998: life prisoners¶
In Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (life sentences), after section 34 insert—34A Disapplication of section 3 of the Human Rights Act 1998 to Chapter 2
(1) Section 3 of the Human Rights Act 1998 (legislation to be read and given effect in way which is compatible with Convention rights) does not apply to this Chapter or any subordinate legislation made under it. (2) In this section “subordinate legislation” has the same meaning as in the Human Rights Act 1998 (see section 21 of that Act).
44 Section 3 of the Human Rights Act 1998: fixed-term prisoners¶
In Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall of fixed-term prisoners), after section 268 insert—268A Disapplication of section 3 of the Human Rights Act 1998 to Chapter 6
(1) Section 3 of the Human Rights Act 1998 (legislation to be read and given effect in way which is compatible with Convention rights) does not apply to this Chapter or any subordinate legislation made under it. (2) In this section “subordinate legislation” has the same meaning as in the Human Rights Act 1998 (see section 21 of that Act).
45 Section 3 of the Human Rights Act 1998: power to change release test¶
In section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (power to change test for release on licence of certain prisoners), after subsection (6) insert—(7) Section 3 of the Human Rights Act 1998 (legislation to be read and given effect in way which is compatible with Convention rights) does not apply to this section or any order made under it.
46 Application of certain Convention rights in prisoner release cases¶
The Parole Board¶
47 Parole Board rules¶
(a) authorising cases to be dealt with by a prescribed number of its members; (b) requiring cases to be dealt with by, or by members including, members of a prescribed description; (c) requiring cases to be dealt with at prescribed times.
.(ba) about the steps that must be taken by the Board in determining whether to refer a prisoner’s case to the Secretary of State under section 256AZBA(2) or under section 32ZAA(2) of the 1997 Act;
48 Parole Board membership¶
(e) a person appearing to the Secretary of State to have experience of law enforcement in a part of the United Kingdom.
(2A) “Law enforcement” means the prevention, detection or investigation of offences. (2B) A person appointed as the chair or vice-chair— (a) must be appointed for an initial term of five years; (b) may be re-appointed for one further term of five years, which must begin at the end of the initial term; (c) otherwise holds and vacates office in accordance with the terms of their appointment (but see sub-paragraph (2C)); (d) may resign the office by notice in writing addressed to the Secretary of State. (2C) The Secretary of State may remove the chair from office before the end of the current term of the person appointed to that office (and otherwise than in accordance with the terms of the person’s appointment), if the Secretary of State considers it necessary to do so for the maintenance of public confidence in the Board. (2D) A person who ceases to hold office as the chair is not eligible for re-appointment to that office, except in accordance with sub-paragraph (2B)(b) (but is eligible for appointment as the vice-chair or as another member of the Board). (2E) A person who ceases to hold office as the vice-chair is not eligible for re-appointment to that office, except in accordance with sub-paragraph (2B)(b) (but is eligible for appointment as the chair or as another member of the Board).
Functions of the chair
2A (1) Subject to sub-paragraphs (2) and (3), the chair has the following functions— (a) to lead the Board in the general exercise of its functions; (b) to chair meetings of the Board, insofar as the meeting concerns the general exercise of the Board’s functions; (c) to ensure that a strategy for the effective exercise by the Board of its functions is in place; (d) to keep the strategy under review and make such periodic changes to it as the chair considers appropriate; (e) to take such steps as the chair considers appropriate to promote the independence of the Board; (f) to take such steps as the chair considers appropriate to ensure account is taken by the Board of matters specified in directions given by the Secretary of State under section 239(6); (g) to take such steps as the chair considers appropriate to promote public awareness of the Board and its functions. (2) The chair must not play any part in dealing with individual parole cases. (3) In particular, the chair must not— (a) attend or otherwise play any part in any proceedings of the Board in relation to individual parole cases, or (b) otherwise seek to influence the recommendations of the Board in relation to individual parole cases. (4) The Board may make arrangements for the discharge of any of the chair’s functions by one or more of the members or employees of the Board. (5) In this paragraph— (a) references to the general exercise of the Board’s functions are to the exercise of those functions otherwise than in relation to individual parole cases; (b) “parole cases” means cases as respects which the Board makes recommendations under Chapter 6 of Part 12 or under Chapter 2 of Part 2 of the Crime (Sentences) Act 1997.
Whole life prisoners prohibited from forming a marriage or civil partnership¶
49 Whole life prisoners prohibited from forming a marriage¶
2A Marriages of whole life prisoners
(1) A person (“A”) may not marry another person if A— (a) is serving a life sentence in a prison or other place of detention, and (b) is subject to a whole life order. (2) But subsection (1) does not apply if A has written permission from the Secretary of State to marry the other person. (3) The Secretary of State may not give written permission under subsection (2) unless satisfied that exceptional circumstances exist which justify the permission being given. (4) A marriage solemnized in contravention of subsection (1) is void. (5) In this section— life sentence has the meaning given by section 34(2) of the Crime (Sentences) Act 1997; whole life order means an order that section 28(5) to (8) of that Act (early release of person serving life sentence) is not to apply to a person. (6) A person is to be treated for the purposes of this section as being subject to a whole life order if— (a) the person is serving a life sentence passed before 18 December 2003, (b) the sentence was passed in circumstances where the sentence was fixed by law, (c) before 18 December 2003 the person was notified in writing by the Secretary of State (otherwise than in a notice expressed to be provisional) that the Secretary of State does not intend that the person should ever be released on licence, and (d) an order has not been made in relation to the sentence under paragraph 3(1)(a) of Schedule 22 to the Criminal Justice Act 2003 (mandatory life sentences: transitional cases).
.(iia) the marriage is solemnized in contravention of section 2A of the Marriage Act 1949; or
50 Whole life prisoners prohibited from forming a civil partnership¶
(e) either of them is serving a life sentence in a prison or other place of detention and is subject to a whole life order.
(1A) But two people are not ineligible to register as civil partners of each other by reason of either of them falling within paragraph (e) of subsection (1) if each of them falling within that paragraph has written permission from the Secretary of State to register as a civil partner of the other. (1B) The Secretary of State may not give written permission under subsection (1A) unless satisfied that exceptional circumstances exist which justify the permission being given.
(3) In this section— life sentence has the meaning given by section 34(2) of the Crime (Sentences) Act 1997; whole life order means an order that section 28(5) to (8) of that Act (early release of person serving life sentence) is not to apply to a person. (4) A person is to be treated for the purposes of this section as being subject to a whole life order if— (a) the person is serving a life sentence passed before 18 December 2003, (b) the sentence was passed in circumstances where the sentence was fixed by law, (c) before 18 December 2003 the person was notified in writing by the Secretary of State (otherwise than in a notice expressed to be provisional) that the Secretary of State does not intend that the person should ever be released on licence, and (d) an order has not been made in relation to the sentence under paragraph 3(1)(a) of Schedule 22 to the Criminal Justice Act 2003 (mandatory life sentences: transitional cases).
51 Power to make consequential provision¶
Part 4 — General¶
52 Financial provision¶
There is to be paid out of money provided by Parliament—53 Regulations¶
54 Extent¶
55 Commencement¶
56 Short title¶
This Act may be cited as the Victims and Prisoners Act 2024.Schedule1 — Offences relevant to public protection decisions¶
Before Schedule 19 to the Criminal Justice Act 2003 insert—Schedule 18B2 — Offences relevant to public protection decisions
Part 1 — Common law offences
Offences under the law of England and Wales, Scotland and Northern Ireland
1 Kidnapping. 2 Murder. Offences under the law of England and Wales and Northern Ireland
3 Manslaughter. Offences under the law of Scotland
4 Abduction. 5 Assault and poisoning. 6 Assault by explosive device. 7 Assault to severe injury. 8 Assault with intent to rob. 9 Culpable homicide. 10 Malicious mischief. 11 Poisoning. 12 Robbery. 13 Wilful fire-raising. Offences under the law of Northern Ireland
14 Affray. 15 Riot. Part 2 — Statutory offences
Offences against the Person Act 1861
16 An offence under any of the following provisions of the Offences against the Person Act 1861— (a) section 4 (soliciting murder); (b) section 16 (threats to kill); (c) section 18 (wounding with intent to cause grievous bodily harm); (d) section 20 (malicious wounding); (e) section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence); (f) section 22 (using chloroform etc to commit or assist in the committing of any indictable offence); (g) section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm); (h) section 27 (abandoning children); (i) section 28 (causing bodily injury by explosives); (j) section 29 (using explosives etc with intent to do grievous bodily harm); (k) section 30 (placing explosives with intent to do bodily injury); (l) section 31 (setting spring guns etc with intent to do grievous bodily harm); (m) section 32 (endangering the safety of railway passengers); (n) section 35 (injuring persons by furious driving); (o) section 37 (assaulting officer preserving wreck); (p) section 38 (assault with intent to resist arrest); (q) section 47 (assault occasioning actual bodily harm). Explosive Substances Act 1883
17 An offence under any of the following provisions of the Explosive Substances Act 1883— (a) section 2 (causing explosion likely to endanger life or property); (b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property); (c) section 4 (making or possession of explosive under suspicious circumstances); (d) section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives). Infant Life (Preservation) Act 1929
18 An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction). Children and Young Persons Act 1933
19 An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children). Infanticide Act 1938
20 An offence under section 1 of the Infanticide Act 1938 (infanticide). Sexual Offences Act 1956
21 An offence under section 33A of the Sexual Offences Act 1956 (keeping a brothel used for prostitution). Firearms Act 1968
22 An offence under any of the following provisions of the Firearms Act 1968— (a) section 16 (possession of firearm with intent to injure); (b) section 16A (possession of firearm with intent to cause fear of violence); (c) section 17(1) (use of firearm to resist arrest); (d) section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act); (e) section 18 (carrying a firearm with criminal intent). Theft Act 1968
23 An offence under any of the following provisions of the Theft Act 1968— (a) section 8 (robbery or assault with intent to rob); (b) section 9, where the offence is burglary with intent to— (i) inflict grievous bodily harm on a person, or (ii) do unlawful damage to a building or anything in it; (c) section 10 (aggravated burglary); (d) section 12A (aggravated vehicle-taking). Criminal Damage Act 1971
24 (1) An offence of arson under section 1 of the Criminal Damage Act 1971. (2) An offence under section 1(2) of that Act (destroying or damaging property), other than an offence of arson. Biological Weapons Act 1974
25 An offence under section 1 of the Biological Weapons Act 1974 (developing certain biological agents and toxins or biological weapons). Protection of Children Act 1978
26 An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children). Customs and Excise Management Act 1979
27 An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles). Taking of Hostages Act 1982
28 An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking). Aviation Security Act 1982
29 An offence under any of the following provisions of the Aviation Security Act 1982— (a) section 1 (hijacking); (b) section 2 (destroying, damaging or endangering safety of aircraft); (c) section 3 (other acts endangering or likely to endanger safety of aircraft); (d) section 4 (offences in relation to certain dangerous articles); (e) section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft). Nuclear Material (Offences) Act 1983
30 An offence under section 2 of the Nuclear Material (Offences) Act 1983 (preparatory acts and threats). Mental Health Act 1983
31 An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients). Public Order Act 1986
32 An offence under any of the following provisions of the Public Order Act 1986— (a) section 1 (riot); (b) section 2 (violent disorder); (c) section 3 (affray). Criminal Justice Act 1988
33 An offence under either of the following provisions of the Criminal Justice Act 1988— (a) section 134 (torture); (b) section 160 (possession of indecent photograph of a child). Road Traffic Act 1988
34 An offence under any of the following provisions of the Road Traffic Act 1988— (a) section 1 (causing death by dangerous driving); (b) section 3ZC (causing death by driving: disqualified drivers); (c) section 3A (causing death by careless driving when under influence of drink or drugs). Aviation and Maritime Security Act 1990
35 An offence under any of the following provisions of the Aviation and Maritime Security Act 1990— (a) section 1 (endangering safety at aerodromes); (b) section 9 (hijacking of ships); (c) section 10 (seizing or exercising control of fixed platforms); (d) section 11 (destroying ships or fixed platforms or endangering their safety); (e) section 12 (other acts endangering or likely to endanger safe navigation); (f) section 13 (offences involving threats); (g) section 14(4) (inducing or assisting the commission of offences relating to hijacking of ships, or destroying ships or fixed platforms or endangering their safety). Channel Tunnel (Security) Order 1994 (S.I. 1994/570)
36 An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system). Chemical Weapons Act 1996
37 An offence under either of the following provisions of the Chemical Weapons Act 1996— (a) section 2 (use etc of chemical weapons); (b) section 11 (premises or equipment used for producing chemical weapons). Protection from Harassment Act 1997
38 An offence under either of the following provisions of the Protection from Harassment Act 1997— (a) section 4 (putting people in fear of violence); (b) section 4A (stalking involving fear of violence or serious alarm or distress). Crime and Disorder Act 1998
39 (1) An offence under section 29 of the Crime and Disorder Act 1998 (racially or religiously aggravated assaults). (2) An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986). Terrorism Act 2000
40 An offence under any of the following provisions of the Terrorism Act 2000— (a) section 11 (membership of a proscribed organisation); (b) section 12 (inviting support for a proscribed organisation etc); (c) section 15 (fund-raising); (d) section 16 (use or possession of money or property for terrorist purposes); (e) section 17 (involvement in terrorist funding arrangements); (f) section 17A (insurance against payments made in response to terrorist demands); (g) section 18 (laundering of terrorist property); (h) section 19 (failure to disclose professional belief or suspicion about terrorist offences); (i) section 21A (failure in regulated sectors to disclose knowledge or suspicion about terrorist offences); (j) section 38B (failure to disclose information about acts of terrorism); (k) section 39 (disclosure of information prejudicial to a terrorist investigation etc); (l) section 54 (weapons training); (m) section 56 (directing terrorist organisation); (n) section 57 (possession of article for terrorist purposes); (o) section 58 (collection of information likely to be of use to a terrorist); (p) section 58A (publishing information about members of the armed forces); (q) section 58B (entering or remaining in a designated area); (r) sections 59 to 61 (inciting terrorism overseas). International Criminal Court Act 2001
41 An offence under section 51 or 52 of the International Criminal Court Act 2001 (genocide, crimes against humanity, war crimes and related offences), other than one involving murder. Anti-terrorism, Crime and Security Act 2001
42 An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001— (a) section 47 (use etc of nuclear weapons); (b) section 50 (assisting or inducing certain weapons-related acts overseas); (c) section 113 (use of noxious substance or thing to cause harm or intimidate). Female Genital Mutilation Act 2003
43 An offence under any of the following provisions of the Female Genital Mutilation Act 2003— (a) section 1 (female genital mutilation); (b) section 2 (assisting a girl to mutilate her own genitalia); (c) section 3 (assisting a non-UK person to mutilate overseas a girl's genitalia). Sexual Offences Act 2003
44 An offence under Part 1 of the Sexual Offences Act 2003 (sexual offences), other than an offence under any of the following provisions of that Act— (a) section 51A (soliciting); (b) section 53A (paying for sexual services of a prostitute subjected to force etc); (c) section 71 (sexual activity in a public lavatory). Domestic Violence, Crime and Victims Act 2004
45 An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm). Terrorism Act 2006
46 An offence under any of the following provisions of the Terrorism Act 2006— (a) section 1 (encouragement of terrorism); (b) section 2 (dissemination of terrorist publications); (c) section 5 (preparation of terrorist acts); (d) section 6 (training for terrorism); (e) section 8 (attendance at a place used for terrorist training); (f) section 9 (making or possession of radioactive device or material); (g) section 10 (misuse of radioactive device or material for terrorist purposes etc); (h) section 11 (terrorist threats relating to radioactive devices etc). Counter-Terrorism Act 2008
47 An offence under section 54 of the Counter-Terrorism Act 2008 (breach of police notification requirements etc). Terrorism Prevention and Investigation Measures Act 2011
48 An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notices imposing terrorism prevention and investigation measures). Counter-Terrorism and Security Act 2015
49 An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order). Serious Crime Act 2015
50 An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation). Modern Slavery Act 2015
51 An offence under either of the following provisions of the Modern Slavery Act 2015— (a) section 1 (slavery, servitude and forced or compulsory labour); (b) section 2 (human trafficking). Space Industry Act 2018
52 An offence under any of the following paragraphs of Schedule 4 to the Space Industry Act 2018— (a) paragraph 1 (hijacking of spacecraft); (b) paragraph 2 (destroying, damaging or endangering the safety of spacecraft); (c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft); (d) paragraph 4 (endangering safety at spaceports).