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Crime and Policing Act 2026

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Crime and Policing Act 2026

2026 Chapter 20

An Act to make provision about anti-social behaviour, offensive weapons, offences against people (including sexual offences), property offences, the criminal exploitation of persons, sex offenders, stalking and public order; to make provision about powers of the police, the border force and other similar persons; to make provision about confiscation; to make provision about the police; to make provision about terrorism and national security, and about international agreements relating to crime; to make provision about the criminal liability of bodies; and for connected purposes.

Enacted [29th April 2026]
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 Anti-social behaviour

Chapter 1 Respect orders, youth injunctions and housing injunctions

1 Respect orders

1 The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.
2 Before Part 1 insert—
3 In section 182(2) (orders and regulations subject to affirmative resolution procedure), before paragraph (a) insert—
.

2 Youth injunctions, housing injunctions and consequential amendments

1 Part 1 of Schedule 1 amends the Anti-social Behaviour, Crime and Policing Act 2014 to—
a confine the power to grant an injunction under section 1 of that Act to the granting of injunctions against persons aged 10 or over but under 18, and
b provide for the granting of injunctions against persons aged 18 or over for the purpose of preventing them from engaging in certain conduct capable of causing nuisance or annoyance relating to the occupation or management of housing.
2 Part 2 of Schedule 1 contains consequential amendments of other Acts.
3 The amendments made by Schedule 1 do not apply in relation to—
a injunctions under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014 granted before the commencement day,
b applications for such an injunction made before the commencement day, or
c injunctions granted on such an application (even if granted after the commencement day).
4 In subsection (3) “the commencement day” means the day on which Schedule 1 comes into force.

Chapter 2 Other provision about anti-social behaviour

3 Maximum period for certain directions, notices and orders

1 The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.
2 In section 35 (directions excluding a person from an area)—
a in subsection (4), for “48 hours” substitute “72 hours”;
b after subsection (7) insert—
;
c in subsection (8), for “48 hours” substitute “72 hours”.
3 In section 77 (duration of closure notices)—
a in subsection (1), for “24 hours” substitute “48 hours”;
b in subsections (2) and (3), for “48 hours” substitute “72 hours”.
4 In section 81 (temporary orders), in subsection (2), for “48 hours” substitute “72 hours”.
5 After section 83 insert—
6 In section 182(2) (orders and regulations), after paragraph (b) insert—
.

4 Fixed penalty notices

1 In Schedule 5 to the Police Reform Act 2002 (powers exercisable by accredited persons), in paragraph 1(2), after paragraph (ac) insert—
.
2 The Anti-social Behaviour, Crime and Policing Act 2014 is amended as set out in subsections (3) to (6).
3 In section 52 (fixed penalty notices), in subsection (7), for “£100” substitute “£500”.
4 In section 56 (guidance)—
a at the beginning insert—
;
b in subsection (1)(a), after “those officers’” insert “other”;
c in subsection (1)(b)—
i after “their” insert “other”;
ii for “those” substitute “other functions”;
d after subsection (3) insert—
5 In section 68 (fixed penalty notices), in subsection (6), for “£100” substitute “£500”.
6 In section 73 (guidance)—
a at the beginning insert—
;
b in subsection (1)(a), for “those” substitute “other functions”;
c after subsection (3) insert—

5 Closure of premises by registered social housing provider

Schedule 2 amends Chapter 3 of Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014 so as to enable registered social housing providers to close premises that they own or manage which are associated with nuisance and disorder.

6 Reviews of responses to complaints about anti-social behaviour

1 The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.
2 In section 104 (review of response to complaints about anti-social behaviour), after subsection (7) insert—
3 After section 104 insert—
4 In section 105 (ASB case reviews: interpretation)—
a in the heading, after “ASB case reviews” insert “and LPB case reviews”;
b in subsection (1)—
i for “section 104” substitute “sections 104 and 104A”;
ii for “Schedule 4” substitute “Schedules 4 and 4A”;
c in subsection (4)—
i at the appropriate places insert—
;
;
ii for the definition of “reporting period” substitute—
5 In Schedule 4 (ASB case reviews: supplementary provision)—
a in paragraph 1—
i in sub-paragraph (1), at the end insert “or (as the case may be) each of the local policing bodies for the relevant police areas.”;
ii omit sub-paragraph (2);
b in paragraph 4, for the words from “about” to the end of the paragraph substitute
;
c in paragraph 8(3)—
i after “section 104,” insert “section 104A,”;
ii for “or this Schedule” substitute “, this Schedule or Schedule 4A”;
iii in paragraph (b) omit “or the relevant police area”;
d after paragraph 9 insert—
6 After Schedule 4 insert the Schedule set out in Schedule 3 to this Act.

7 Provision of information about anti-social behaviour to Secretary of State

In Part 6 of the Anti-social Behaviour, Crime and Policing Act 2014 (local involvement and accountability), at the end insert—

8 Seizure of motor vehicles used in manner causing alarm, distress or annoyance

1 In section 59 of the Police Reform Act 2002 (vehicles used in manner causing alarm, distress or annoyance) omit subsections (4) and (5) (powers of seizure etc exercisable only if warning given, subject to certain exceptions).
2 The amendment made by subsection (1) does not apply in relation to the use of a motor vehicle on any occasion before the coming into force of this section.

9 Guidance on fly-tipping enforcement in England

In the Environmental Protection Act 1990, after section 34C insert—

10 Fly-tipping: penalty points on driving record

1 In Part 2 of Schedule 2 to the Road Traffic Offenders Act 1988 (other offences for which penalty points are available), at the end insert—
2 The amendment made by subsection (1) does not apply in relation to an offence committed before that subsection comes into force.

11 Offence of trespassing with intent to commit criminal offence

1 A person commits an offence if the person trespasses on any premises with intent to commit an offence (whether or not on the premises).
2 In subsection (1) “premises” means any building, part of a building or enclosed area.
3 A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 3 on the standard scale (or both).

12 Arranging or facilitating begging for gain

1 A person commits an offence if, for gain, the person arranges or facilitates another person’s begging.
2 A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).
3 In subsection (2) “the maximum term for summary offences” means—
a if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;
b if the offence is committed after that time, 51 weeks.

Part 2 Offensive weapons

Chapter 1 Online advertising etc of unlawful weapons: civil penalties

13 “Relevant user-to-user services”, “relevant search services” and “service providers”

1 For the purposes of this Chapter—
a a “relevant search service” is a search service other than an exempt service;
b a “relevant user-to-user service” is a user-to-user service other than an exempt service.
2 In subsection (1), “search service” and “user-to-user service” have the same meanings as in the Online Safety Act 2023 (the “2023 Act”) (see, in particular, section 3 of that Act).
3 The following are exempt services for the purposes of subsection (1)—
a a service of a kind that is described in any of the following paragraphs of Schedule 1 to the 2023 Act (certain services exempt from regulation under that Act)—
i paragraph 1 or 2 (email, SMS and MMS services);
ii paragraph 3 (services offering one-to-one live aural communications);
iii paragraph 4 (limited functionality services);
iv paragraph 5 (services which enable combinations of user-generated content);
v paragraph 7 or 8 (internal business services);
vi paragraph 9 (services provided by public bodies);
vii paragraph 10 (services provided by persons providing education or childcare), or
b a service of a kind that is described in Schedule 2 to the 2023 Act (services that include regulated provider pornographic content).
4 This Chapter does not apply in relation to a part of a relevant search service, or a part of a relevant user-to-user service, if the 2023 Act does not apply to that part of the service by virtue of section 5(1) or (2) of that Act.
5 In this Chapter, “service provider” means a provider of a relevant user-to-user service or a provider of a relevant search service.

14 Coordinating officer

1 The Secretary of State must designate a member of a relevant police force or a National Crime Agency officer as the coordinating officer for the purposes of this Chapter.
2 The coordinating officer may delegate any of the officer’s functions under this Chapter (to such extent as the officer may determine) to another member of a relevant police force or National Crime Agency officer.

15 Notice requiring appointment of content manager

1 The coordinating officer may give a service provider a notice (an “appointment notice”) requiring the provider—
a either to—
i appoint an individual who meets the conditions in subsection (2) as the provider’s content manager for the purposes of this Chapter, or
ii if there is no such individual, confirm that is the case to the coordinating officer, and
b to provide the coordinating officer with the required information.
2 The conditions are that the individual—
a plays a significant role in—
i the making of decisions about how a whole or substantial part of the service provider’s activities are to be managed or organised, or
ii the actual managing or organising of the whole or a substantial part of those activities, and
b is habitually resident in the United Kingdom.
3 “Required information” means—
a the contact details of any content manager appointed;
b an email address, or details of another means of contacting the service provider rapidly which is readily available, that may be used for the purpose of giving the provider a notice under this Chapter;
c information identifying the relevant user-to-user services, or (as the case may be) the relevant search services, provided by the provider.
4 An appointment notice must—
a specify the period before the end of which the service provider must comply with the notice, and
b explain the potential consequences of the service provider failing to do so (see section 19).
5 The period specified under subsection (4)(a) must be at least seven days beginning with the day on which the notice is given.

16 Appointment of content manager following change of circumstances

1 This section applies where—
a the coordinating officer has given a service provider an appointment notice,
b the provider has confirmed to the officer (in accordance with the appointment notice or under section 17(5)(b)) that there is no individual who meets the conditions in section 15(2), and
c at any time within the period of two years beginning with the day on which that confirmation was given, there is an individual who meets those conditions.
2 The service provider must, before the end of the period of seven days beginning with the first day on which there is an individual who meets those conditions—
a appoint such an individual as the provider’s content manager for the purposes of this Chapter, and
b provide the coordinating officer with the content manager’s contact details.

17 Replacement of content manager

1 This section applies where a service provider has appointed an individual as the provider’s content manager (whether in accordance with an appointment notice or under section 16 or this section).
2 The service provider may replace the provider’s content manager by appointing another individual who meets the conditions in section 15(2) as the provider’s new content manager for the purposes of this Chapter.
3 The service provider must, before the end of the period of seven days beginning with the day on which an appointment is made under subsection (2), provide the coordinating officer with the new content manager’s contact details.
4 If the individual appointed as a service provider’s content manager ceases to meet any of the conditions in section 15(2), the appointment ceases to have effect.
5 The service provider must, before the end of the period of seven days beginning with the day on which an appointment ceases to have effect under subsection (4)—
a either—
i appoint another individual who meets the conditions in section 15(2) as the provider’s content manager for the purposes of this Chapter, and
ii provide the coordinating officer with the new content manager’s contact details, or
b if there is no longer such an individual, confirm that is the case to the coordinating officer.

18 Duty to notify changes in required information

1 This section applies where a service provider has, in accordance with an appointment notice or under section 16(2)(b) or 17 provided the coordinating officer with required information.
2 The service provider must give notice to the coordinating officer of any change in the required information.
3 The notice must specify the date on which the change occurred.
4 The notice must be given before the end of the period of seven days beginning with the day on which the change occurred.

19 Failure to comply with content manager requirements: civil penalty

1 This section applies if the coordinating officer has given a service provider an appointment notice and—
a the period specified in the notice as mentioned in section 15(4)(a) has expired without the provider having complied with the notice,
b the provider has failed to comply with a requirement under section 16, 17 or 18,
c the provider, in purported compliance with a requirement to provide, or give notice of a change in, required information (whether in accordance with an appointment notice or under section 16(2)(b), 17 or 18(2)) makes a statement that is false in a material particular, or
d the provider makes a statement that is false in giving the confirmation mentioned in section 15(1)(a)(ii) or 17(5)(b).
2 The coordinating officer may give the service provider a notice (a “penalty notice”) requiring the provider to pay a penalty of an amount not exceeding £60,000.
3 In order to take account of changes in the value of money the Secretary of State may by regulations substitute another sum for the sum for the time being specified in subsection (2).
4 Schedule 4 makes further provision in connection with penalty notices given under this Chapter.

20 Unlawful weapons content

1 For the purposes of this Chapter, content is “unlawful weapons content” in England and Wales if it is content that constitutes—
a an offence under section 1(1) of the Restriction of Offensive Weapons Act 1959 (offering to sell, hire, loan or give away etc a dangerous weapon),
b an offence under section 1 or 2 of the Knives Act 1997 (marketing of knives as suitable for combat etc and related publications), or
c an offence under section 141(1) of the Criminal Justice Act 1988 under the law of England and Wales (offering to sell, hire, loan or give away etc an offensive weapon).
2 For the purposes of this Chapter, content is “unlawful weapons content” in Scotland if it is content that constitutes—
a an offence within subsection (1)(a) or (b), or
b an offence under section 141(1) of the Criminal Justice Act 1988 under the law of Scotland.
3 For the purposes of this Chapter, content is “unlawful weapons content” in Northern Ireland if it is content that constitutes—
a an offence under Article 53 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (offering to sell, hire, loan or give away etc certain knives),
b an offence within subsection (1)(b), or
c an offence under section 141(1) of the Criminal Justice Act 1988 under the law of Northern Ireland.

21 Content removal notices

1 This section applies where an authorised officer is satisfied that content—
a present on a relevant user-to-user service, or
b which may be encountered in or via search results of a relevant search service,
is unlawful weapons content in a relevant part of the United Kingdom.
2 The authorised officer may give a content removal notice to—
a the provider of the relevant user-to-user service, or
b the provider of the relevant search service.
3 If the authorised officer gives a content removal notice to a service provider in a case where the coordinating officer has the contact details of the provider’s content manager, the authorised officer may also give the notice to that manager.
4 A content removal notice is a notice requiring the service provider and (if applicable) the provider’s content manager (each a “recipient”) to secure that—
a the content to which it relates is removed (see section 27(2)), and
b confirmation of that fact is given to the authorised officer.
5 A content removal notice must—
a identify the content to which it relates;
b explain the authorised officer’s reasons for considering that the content is unlawful weapons content in the relevant part (or parts) of the United Kingdom;
c explain that the notice must be complied with before the end of the period of 48 hours beginning with the time the notice is given;
d explain that each recipient has the right to request a review of the decision to give the notice and how a request is to be made (see section 22);
e set out the potential consequences of failure to comply with the notice;
f contain the authorised officer’s contact details;
g be in such form, and contain such further information, as the Secretary of State may by regulations prescribe.
6 The authorised officer may withdraw a content removal notice from a recipient by notifying the recipient to that effect (but withdrawal of a notice does not prevent a further content removal notice from being given under this section, whether or not in relation to the same content as the withdrawn notice).
7 In this section—
  • “authorised officer” means—
    1. a member of a relevant police force who is authorised for the purposes of this section by the chief officer of the force, or
    2. a National Crime Agency officer who is authorised for the purposes of this section by the Director General of the National Crime Agency;
  • “relevant part of the United Kingdom” means—
    1. where the authorised officer is a member of a relevant police force in England and Wales, England and Wales;
    2. where the authorised officer is a member of the Police Service of Scotland, Scotland;
    3. where the authorised officer is a member of the Police Service of Northern Ireland, Northern Ireland;
    4. where the authorised officer is a member of the Ministry of Defence Police or a National Crime Agency officer, any part of the United Kingdom.

22 Content removal notices: review

1 A person who is given a content removal notice (a “recipient”) may, before the end of the initial 48-hour period, request a review of the decision to give the notice.
2 A request under subsection (1) is to be made by the recipient giving—
a a notice (a “review notice”) to the authorised officer, and
b a copy of the review notice to the other recipient (if applicable).
3 The grounds on which a recipient may request a review include, in particular, that—
a content to which the notice relates is not unlawful weapons content;
b content to which the notice relates is insufficiently identified for the recipient to be able to take the action required by the notice;
c the provider that received the notice is not, in fact, the provider of the relevant user-to-user service or relevant search service to which the notice relates;
d the individual who received the notice as the service provider’s content manager is not, in fact, that provider’s content manager;
e the notice was otherwise not given in accordance with this Chapter.
4 On receipt of a review notice, a review of the decision to give the content removal notice must be carried out—
a if the authorised officer is a member of a relevant police force, by another member of that force who is of a higher rank;
b if the authorised officer is a National Crime Agency officer, by another officer who holds a more senior position in the Agency.
The individual carrying out the review is referred to in this section as “the reviewing officer”.
5 On completing the review or (in a case where two review notices are given) both reviews the reviewing officer must, in respect of each recipient, either—
a confirm in full the decision to give the content removal notice,
b confirm the decision to give the notice, but in relation to only some of the content to which it relates, or
c withdraw the notice.
6 The reviewing officer must give each recipient a notice (a “decision notice”)—
a setting out the outcome of the review or reviews, and
b giving reasons.

23 Decision notices requiring removal of unlawful weapons content

1 This section applies where the reviewing officer—
a has carried out a review or reviews under section 22, and
b confirms the decision to give the content removal notice to the service provider, the provider’s content manager or both of them (in each case whether as mentioned in subsection (5)(a) or (b) of that section).
2 If the reviewing officer confirms in full the decision to give the content removal notice, the decision notice must require its recipient to secure that—
a the content to which the content removal notice relates is removed, and
b confirmation of that fact is given to the authorised officer.
3 If the officer confirms the decision to give the content removal notice but in relation to only some of the content to which it relates, the decision notice must—
a identify the content to which the confirmation relates (the “confirmed content”), and
b require its recipient to secure that—
i the confirmed content is removed, and
ii confirmation of that fact is given to the authorised officer.
4 A decision notice within subsection (2) or (3) must specify the period before the end of which the notice must be complied with, and that period must be whichever of the following is the longest—
a the period of 24 hours beginning with the time the decision notice is given;
b the period—
i beginning with the time the review notice or, if there was more than one, the first review notice, was given under section 22, and
ii ending with the end of the initial 48-hour period.
5 In this section, “reviewing officer” has the same meaning as in section 22.

24 Failure to comply with content removal notice or decision notice: civil penalties

1 Subsection (2) applies where—
a a content removal notice has been given to a service provider, or to both a service provider and the provider’s content manager, in accordance with section 21, and
b the initial 48-hour period has expired without the notice having been complied with or a review notice having been given.
2 A senior authorised officer of the issuing force may give a penalty notice—
a to the service provider, or
b if the provider’s content manager also received the content removal notice, to the content manager or to both of them.
3 Subsection (4) applies where, following a review or reviews under section 22—
a a decision notice has been given to the service provider or to both the provider and the provider’s content manager in accordance with section 23(2) or (3) confirming the decision to give the content removal notice, and
b the period specified in the decision notice under subsection (4) of that section has expired without that notice having been complied with.
4 A senior authorised officer of the issuing force may give a penalty notice—
a to the service provider, or
b if the provider’s content manager also received the decision notice, to the content manager or to both of them.
5 In this section a “penalty notice” means a notice requiring its recipient to pay a penalty—
a where the recipient is a service provider, of an amount not exceeding £60,000;
b where the recipient is a service provider’s content manager, of an amount not exceeding £10,000.
6 In order to take account of changes in the value of money the Secretary of State may by regulations substitute another sum for a sum for the time being specified in subsection (5).
7 See Schedule 4 for further provision in connection with penalty notices given under this section.

25 Guidance

1 The Secretary of State may issue guidance to the persons mentioned in subsection (2) about the exercise of their functions under this Chapter.
2 The persons are—
a the chief officer, and any other member, of a relevant police force;
b the Director General of the National Crime Agency and any other officer of the Agency.
3 A draft of any guidance proposed to be issued under this section must be laid before each House of Parliament.
4 The Secretary of State must not issue guidance under this section until after the end of the period of 40 days beginning with the day on which the draft was laid before each House of Parliament, or if it was laid on different days, with the later day.
5 If, within that period, either House of Parliament resolves that the guidance should not be issued, the Secretary of State must not issue it.
6 In calculating any period of 40 days for the purposes of subsection (4), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
7 The Secretary of State must publish any guidance issued under this section.
8 A person mentioned in subsection (2) must have regard to any guidance issued under this section when exercising a function under this Chapter.
9 The Secretary of State may revise any guidance issued under this section.
10 Subject to subsection (11), subsections (3) to (8) have effect in relation to any revised guidance.
11 Subsections (3) to (6) do not apply to revised guidance if the Secretary of State considers that the revisions are not substantial.

26 Notices

1 This section applies in relation to any notice that must or may be given to a person under this Chapter.
2 A notice may be given to a person by—
a delivering it by hand to the person,
b leaving it at the person’s proper address,
c sending it by post to the person at that address, or
d sending it by email to the person’s email address.
3 A notice to a body corporate may be given to any officer of that body.
4 A notice to a partnership may be given to any partner or to a person who has the control or management of the partnership business.
5 A notice sent by first class post to an address in the United Kingdom, is treated as given at noon on the second working day after the day of posting, unless the contrary is proved.
6 A notice sent by email is treated as given at the time it is sent unless the contrary is proved.
7 In this section—
  • “director” includes any person occupying the position of a director, by whatever name called;
  • “email address”, in relation to a person, means—
    1. an email address provided by that person for the purposes of this Chapter, or
    2. any email address published for the time being by that person as an address for contacting that person;
  • “officer”, in relation to an entity, includes a director, a manager, a partner, the secretary or, where the affairs of the entity are managed by its members, a member;
  • “proper address” means—
    1. in the case of an entity, the address of the entity’s registered office or principal office;
    2. in any other case, the person’s last known address;
  • “working day” means any day other than—
    1. a Saturday or Sunday, or
    2. a day that is a bank holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971.
8 In the case of an entity registered or carrying on business outside the United Kingdom, or with offices outside the United Kingdom, the reference in subsection (7), in the definition of “proper address”, to the entity’s principal office includes—
a its principal office in the United Kingdom, or
b if the entity has no office in the United Kingdom, any place in the United Kingdom at which the person giving the notice believes, on reasonable grounds, that the notice will come to the attention of any director or other officer of that entity.

27 Interpretation of Chapter

1 In this Chapter—
  • “appointment notice” has the meaning given by section 15(1);
  • “authorised officer” in relation to a content removal notice, means the member of a relevant police force, or officer of the National Crime Agency, who gave the notice;
  • “chief officer”—
    1. in relation to a police force in England and Wales, means the chief officer of police of the force;
    2. in relation to any other relevant police force, means the chief constable of that force;
  • “contact details”, in relation to an individual, means the individual’s—
    1. full name;
    2. telephone number;
    3. email address;
    4. residential address, or other service address, in the United Kingdom;
  • “content” has the same meaning as in the Online Safety Act 2023 (see section 236(1) of that Act);
  • “content manager”, in relation to a service provider, means the individual for the time being appointed as the content manager of the provider (whether in accordance with an appointment notice or under section 16 or 17);
  • “content removal notice” has the meaning given by section 21(4);
  • “coordinating officer” means the individual designated as such under section 14(1);
  • “decision notice” means a notice given under section 22(6);
  • “encounter”, in relation to content, has the same meaning as in the Online Safety Act 2023 (see section 236(1) of that Act);
  • “entity” has the same meaning as in that Act (see section 236(1) of that Act);
  • “initial 48-hour period”, in relation to a content removal notice, means the 48-hour period specified in the notice as mentioned in section 21(5)(c);
  • “issuing force”—
    1. in relation to a content removal notice given by a member of a relevant police force, means that force;
    2. in relation to a content removal notice given by a National Crime Agency officer, means the National Crime Agency;
  • “relevant police force”—
    1. in relation to England and Wales, means—
      1. a police force in England and Wales, or
      2. the Ministry of Defence Police;
    2. in relation to Scotland, means—
      1. the Police Service of Scotland, or
      2. the Ministry of Defence Police;
    3. in relation to Northern Ireland, means—
      1. the Police Service of Northern Ireland, or
      2. the Ministry of Defence Police;
  • “relevant search service” and “relevant user-to-user service” have the meanings given by section 13;
  • “required information” has the meaning given by section 15(3);
  • “review notice” has the meaning given by section 22(2)(a);
  • “search content” and “search results” have the meanings given by section 57 of the Online Safety Act 2023;
  • “senior authorised officer”, in relation to a relevant police force, means—
    1. the chief officer of the relevant police force, or
    2. a member of the relevant police force of at least the rank of inspector authorised for the purposes of this Chapter by the chief officer;
  • “senior authorised officer”, in relation to the National Crime Agency, means—
    1. the Director General of the National Crime Agency, or
    2. an officer of the Agency who—
      1. holds a position in the Agency the seniority of which is at least equivalent to that of the rank of inspector in a relevant police force, and
      2. is authorised for the purposes of this Chapter by the Director General;
  • “service address” has the same meaning as in the Companies Acts (see section 1141 of the Companies Act 2006);
  • “service provider” has the meaning given by section 13.
2 For the purposes of this Chapter, a reference to “removing” content—
a in relation to content present on a relevant user-to-user service, is a reference to any action that results in the content being removed from the service, or being permanently hidden, so users of the service in any part of the United Kingdom in which the content is unlawful weapons content cannot encounter it;
b in relation to content which may be encountered in or via search results of a relevant search service, is a reference to taking measures designed to secure, so far as possible, that the content is no longer included in the search content of the service that is available in any part of the United Kingdom in which the content is unlawful weapons content,
and related expressions are to be read accordingly.
3 The following provisions of the Online Safety Act 2023 apply for the purposes of this Chapter as they apply for the purposes of that Act—
a section 226 (determining who is the provider of a particular user-to-user service or search service);
b section 236(5) and (6) (references to content being present).

Chapter 2 Other provision about offensive weapons

Offences relating to offensive weapons

28 Possession of weapon with intent to use unlawful violence etc

1 In Part 11 of the Criminal Justice Act 1988, after section 139AA insert—
2 In section 315 of the Sentencing Code (minimum sentence for repeat offence involving weapon, bladed article or corrosive substance)—
a in subsection (1)(a) after sub-paragraph (iii) (but before the “or” at the end of that sub-paragraph) insert—
;
b in subsection (5)(b) for “or 139AA” substitute “, 139AA or 139AB”.
3 In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), for paragraph 23 (offences under the Criminal Justice Act 1988) substitute—
.

29 Maximum penalty for offences relating to offensive weapons

1 In section 141 of the Criminal Justice Act 1988 (offensive weapons)—
a in subsection (1) for the words from “and liable” to the end substitute
;
b in subsection (1A)—
i for “51 weeks” substitute “the general limit in a magistrates’ court”;
ii in paragraph (b) for “6 months, to a fine not exceeding level 5 on the standard scale” substitute “12 months, to a fine not exceeding the statutory maximum”;
iii after paragraph (c) insert—
;
c omit subsection (1B).
2 In section 141A(1) of that Act (sale of knives etc to children), for the words from “and liable” to the end substitute
3 In section 1 of the Restriction of Offensive Weapons Act 1959—
a in subsection (1) omit the words from “and shall be liable” to the end;
b after subsection (1) insert—
;
c in subsection (1B)—
i in paragraph (a) for “51 weeks” substitute “the general limit in a magistrates’ court”;
ii in paragraph (b) for “6 months, to a fine not exceeding level 4 on the standard scale” substitute “12 months, to a fine not exceeding the statutory maximum”;
iii after paragraph (b) insert—
;
d omit subsection (1C).
4 The amendments made by this section do not apply in relation to an offence committed before this section comes into force.

Power to seize bladed articles

30 Power to seize bladed articles etc

1 A constable who—
a is lawfully on any premises,
b finds, on the premises, an article which has a blade or is sharply pointed (a “relevant article”), and
c has reasonable grounds for suspecting that the relevant article would be likely to be used in connection with unlawful violence (if it were not seized),
may seize the relevant article.
2 The following provisions apply where a relevant article is seized under this section.
3 The constable who seized the relevant article—
a must give a record of what was seized to a person who is on the premises, or
b if there is no person on the premises, must leave a record of what was seized in a prominent place on the premises.
4 The record must—
a describe the relevant article,
b state that it has been seized under this section,
c specify the date of seizure,
d give the reason why the relevant article was seized, and
e specify the name and reference number of the constable who seized the relevant article.
5 Following seizure of the relevant article, a constable may—
a retain it, or
b destroy it or otherwise dispose of it.
This is subject to subsections (6) and (8).
6 A person claiming to be the owner of the relevant article may apply to a magistrates’ court for an order for the delivery of the relevant article to the person.
7 The court may make an order under subsection (6) if it appears to the court that—
a the person making the application is the owner of the relevant article, and
b it would be just to make the order.
8 The relevant article may not be destroyed or disposed of—
a in the period of 6 months beginning with the day on which it is seized, or
b if an application under subsection (6) is made in that period, until the application (including any appeal) has been finally determined or otherwise disposed of (and then, only if the court does not make an order under that subsection).
9 In this section “unlawful violence” includes—
a unlawful damage to property, and
b a threat of unlawful violence (including of unlawful damage to property).

31 Power to seize bladed articles etc: armed forces

In the Armed Forces Act 2006, after section 93 insert—

Sale and delivery of knives etc

32 Remote sales of knives etc: England and Wales

1 Section 141B of the Criminal Justice Act 1988 (remote sales of knives) is amended as follows.
2 For subsection (4) substitute—
3 In subsection (5)(b), for “a person aged 18 or over” substitute “the buyer”.
4 In subsection (6), for “a person aged 18 or over” substitute “the buyer”.
5 In subsection (8), omit “or a person acting on behalf of the buyer” in both places it occurs.
6 After subsection (9) insert—

33 Remote sale or letting of knives etc: Scotland

1 Section 141C of the Criminal Justice Act 1988 (remote sales and lettings of knives) is amended as follows.
2 For subsection (5) substitute—
3 In subsection (6)(b) for “a person aged 18 or over” substitute “the recipient”.
4 In subsection (7) for “a person aged 18 or over” substitute “the recipient”.
5 In subsection (9) omit “or a person acting on behalf of the recipient” in both places it occurs.
6 After subsection (10) insert—
7 In section 141A(4B) of the Criminal Justice Act 1988 (sale of knives to persons under 18: Scotland) for paragraphs (a) to (b) substitute—
.

34 Remote sale of knives etc: Northern Ireland

1 Article 54A of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (remote sale of knives) is amended as follows.
2 For paragraph (4) substitute—
3 In paragraph (5)(b), for “a person aged 18 or over” substitute “the buyer”.
4 In paragraph (6), for “a person aged 18 or over” substitute “the buyer”.
5 In paragraph (8), omit “or a person acting on behalf of the buyer”, in both places it occurs.
6 In Article 57 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (rules and orders)—
a in paragraph (1) after “54(3)(c)” insert “, 54A(4A)(d)”;
b in paragraph (2) after “Article” insert “54A(4)(a)(ii) or”.

35 Delivery of knives etc

1 The Offensive Weapons Act 2019 is amended as follows.
2 In section 38 (delivery of bladed products to residential premises)—
a omit subsection (4);
b in subsection (8)—
i in paragraph (b) omit “Scotland or”;
ii after paragraph (b) insert—
3 In section 39 (delivery of bladed products to persons under 18)—
a in subsection (1), for paragraphs (c) to (e) substitute—
;
b omit subsections (2) and (3);
c for subsection (6) substitute—
;
d in subsection (7)—
i for “subsection (6)” substitute “this section”;
ii in paragraph (b) omit “Scotland or”;
iii after paragraph (b) insert—
4 For section 40 substitute—
5 After section 40 insert—
6 In section 41 (meaning of “bladed product” in sections 38 to 40)—
a in the heading, for “40” substitute “40C”;
b in subsection (1) for “40” substitute “40C”;
c in subsection (2) for “40” substitute “40C”;
d in subsection (3), for “40” substitute “40C”;
e in subsection (4) for “40” substitute “40C”.
7 In section 42 (delivery of knives etc pursuant to arrangement with seller outside UK)—
a in subsection (1) for paragraphs (c) to (e) substitute—
;
b omit subsections (2) and (3);
c for subsections (4) to (9) substitute—
;
d in subsection (10)—
i for “subsection (4)” substitute “this section”;
ii in paragraph (b) omit “Scotland or”;
iii after paragraph (b) insert—
8 After section 42 insert—
9 In section 68 (regulations and orders)—
a in subsection (2) after “State” insert, “, except for regulations under section 40(8)(d),”;
b after subsection (2) insert—
;
c in subsection (3)—
i omit “, 40(10)(c)”;
ii after “is” insert “, and regulations made by the Scottish Ministers under section 40(8)(d) are,”;
d in subsection (4) for “40(13)” substitute “40(7)(a)(ii), 40C(8)(a)(ii), 40D”;
e in subsection (6) after “Act” insert “, except for regulations under section 40(8)(d),”;
f after subsection (6) insert—

Sale and delivery of crossbows

36 Remote sale and letting of crossbows

1 The Crossbows Act 1987 is amended as follows.
2 In section 1 omit “unless he believes him to be eighteen years or older and has reasonable ground for the belief”.
3 After section 1 insert—
4 In section 1A (defences: Scotland)—
a in subsection (1)—
i for “It” substitute “Except where section 1B applies, it”;
ii after “charged” insert “in Scotland”;
b in subsection (3) for paragraphs (a) to (b) substitute—
;
c for the heading substitute “Defence to offence under section 1: Scotland”.
5 After section 1A insert—

37 Delivery of crossbows

In the Crossbows Act 1987, after section 1B (inserted by section 36) insert—

38 Sale and delivery of crossbows: supplementary provision

1 After section 1I of the Crossbows Act 1987 (inserted by section 37) insert—
2 After section 6 of the Crossbows Act 1987 insert—
3 In section 66(1) of the Offensive Weapons Act 2019 (guidance by Secretary of State), after paragraph (ga) (inserted by section 42) insert—
.
4 In section 66(2) of that Act (guidance by Scottish Ministers), after paragraph (a) insert—
.

39 Remote sale and letting of crossbows: Northern Ireland

1 The Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)) is amended as follows.
2 In Article 3 omit “, unless he believes him to be eighteen years of age or older and has reasonable ground for the belief”.
3 After Article 3 insert—

40 Delivery of crossbows: Northern Ireland

In the Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)), after Article 3B (inserted by section 39) insert—

41 Sale and delivery of crossbows: Northern Ireland: supplementary provision

1 After Article 3I of the Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)) (inserted by section 40) insert—
2 In Article 8 of the Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)) (punishments)—
a in paragraph (1) for “this Order” substitute “Article 3, 4 or 5”;
b after paragraph (1) insert—
3 After Article 8 of the Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)) insert—
4 In section 66(3) of the Offensive Weapons Act 2019 (guidance on offences relating to offensive weapons etc), after paragraph (d) insert—
.

Duty to report bulk sales of knives etc

42 Duty to report remote sales of knives etc in bulk: England and Wales and Scotland

1 In the Criminal Justice Act 1988, after section 141C insert—
2 In the Offensive Weapons Act 2019—
a in section 66(1) (guidance by Secretary of State) after paragraph (g) insert—
;
b in section 66(2) (guidance by Scottish Ministers) after paragraph (d) insert—
.

43 Duty to report remote sale of knives etc in bulk: Northern Ireland

1 The Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) is amended as follows.
2 After Article 54A insert—
3 In Article 57 (rules and orders)—
a the existing text becomes paragraph (1);
b in that paragraph for “or 54(3)(c)” substitute “, 54(3)(c) or 54B(1)”;
c after that paragraph insert—
4 In the Offensive Weapons Act 2019, in section 66(3) (guidance by Department of Justice) after paragraph (f) insert—
.

Sound moderators

44 Application of Firearms Acts to sound moderators etc

1 The Firearms Act 1968 is amended as follows.
2 After section 2 insert—
3 In section 57 (interpretation)—
a in subsection (1)—
i omit paragraph (d);
ii in the words after paragraph (d) omit “, and accessories to,”;
b in subsection (4)—
i after the definition of “registered” insert—
;
ii in the definition of “shot gun”, omit the words from “and any” to the end.
4 In Schedule 6 (prosecution and punishment of offences) after the entry for section 2(2) insert—
.
5 Schedule 5 amends the exemptions in the Firearms Act 1968 and the Firearms (Amendment) Act 1988 to the requirement to hold a firearm or shot gun certificate.

Part 3 Retail crime

45 Assault of retail worker

1 A person who assaults a retail worker at work commits an offence under this section.
2 “Retail worker at work” means a person who—
a is working on or about retail premises, and
b is working there for or on behalf of the owner or occupier of those premises, or is the owner or occupier of those premises.
3 In subsection (2)—
  • “retail premises” means—
    1. premises used wholly or mainly for the purposes of the sale of anything by retail, or
    2. premises used mainly for the purposes of the wholesale of anything, if the premises are also used for the purposes of the sale of anything by retail,
    and here “premises” include a stall or vehicle;
  • “working” includes doing unpaid work.
4 A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or to a fine (or both).
5 In subsection (4) “the maximum term for summary offences” means—
a if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales) comes into force, 6 months;
b if the offence is committed after that time, 51 weeks.
6 In section 40(3) of the Criminal Justice Act 1988 (power to join in indictment count for common assault etc) after paragraph (ac) insert—
.

46 Assault of retail worker: duty to make criminal behaviour order

In Chapter 1 of Part 11 of the Sentencing Code (criminal behaviour orders), after section 331 (power to make criminal behaviour order) insert—

47 Theft from shop triable either way irrespective of value of goods

1 In the Magistrates’ Courts Act 1980, omit section 22A (low-value shoplifting to be a summary offence).
2 In consequence of the amendment made by subsection (1)—
a in the Magistrates’ Courts Act 1980—
i in section 2(3)(a) for “22A” substitute “22”;
ii in section 143, omit subsections (2)(aza) and (3)(aa);
b in the Criminal Attempts Act 1981, omit—
i section 1(5);
ii in section 4(1)(c), the words from “or is low-value” to “1980),”;
c in section 51(2)(b) of the Crime and Disorder Act 1998, omit “22A(2)(b),”;
d in section 84 of the Armed Forces Act 2006, omit subsection (2A);
e in the Anti-social Behaviour, Crime and Policing Act 2014, omit section 176;
f in the Criminal Justice and Courts Act 2015, omit section 52;
g in section 6 of the Judicial Review and Courts Act 2022, omit subsection (3).
3 The amendments made by this section do not apply in relation to an offence committed before this section comes into force.

Part 4 Criminal exploitation of children and others

Chapter 1 Child criminal exploitation

Offence of child criminal exploitation

48 Child criminal exploitation

1 A person (D) aged 18 or over who is in a part of the United Kingdom (“the relevant part” of the United Kingdom) commits an offence if—
a D engages in conduct towards or in respect of a child (C), and
b D does so with the intention of—
i causing C to commit an offence,
ii causing C to do anything outside the relevant part of the United Kingdom which would constitute an offence if done in that part, or
iii facilitating the causing of C, in future, to commit an offence or do anything outside the relevant part of the United Kingdom which would constitute an offence if done in that part.
It is irrelevant whether or not D knows or suspects that C is a child.
2 In subsection (1)(b) “offence” means an offence under the law of a part of the United Kingdom.
3 In this section and section 49—
a “act” includes omission (and similar references, including references to doing anything, are to be construed accordingly);
b “child” means a person under the age of 18;
c a reference to a “part” of the United Kingdom is to—
i England and Wales,
ii Scotland, or
iii Northern Ireland.
4 Where—
a a person (D1) arranges for another person (D2) to engage in conduct towards or in respect of a child, and
b D2 engages in that conduct,
D1 is to be treated for the purposes of this section and section 49 as also having engaged in that conduct.
5 A person who commits an offence under this section is liable—
a on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
b on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
c on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
d on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).
6 In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), after paragraph 36C insert—
.

49 Proving an offence under section 48

1 This section applies for the purposes of section 48.
2 Where it is alleged that D intended to cause C to commit an offence, it is sufficient to prove that D intended to cause C to do an act which would amount to the commission of that offence.
3 Where it is alleged that D intended to cause C to do anything outside the relevant part of the United Kingdom which would constitute an offence if done in that part, it is sufficient to prove that D intended to cause C to do an act which, if done in that part, would amount to the commission of that offence.
4 Where it is alleged that D intended to facilitate the causing of C, in future, to—
a commit an offence, or
b do anything outside the relevant part of the United Kingdom which would constitute an offence if done in that part,
it is sufficient to prove that D intended to facilitate the causing of C in future to do an act which would amount to the commission of that offence, or would if done in that part of the United Kingdom amount to the commission of that offence.
5 In proving for the purposes of this section whether an act is one which would, or which would if done in a part of the United Kingdom, amount to the commission of an offence—
a if the offence is one requiring proof of fault, it must be proved that—
i D believed that, were the act to be done, it would be done with that fault, or
ii D’s state of mind was such that, were D to do it, it would be done with that fault;
b if the offence is one requiring proof of particular circumstances or consequences (or both), it must be proved that D intended or believed that, were the act to be done, it would be done in those circumstances or with those consequences.
6 For the purposes of subsection (5)(a)(ii), D is to be assumed to be able to do the act in question.
7 In this section—
a a reference to C doing an act which would amount to the commission of an offence includes C doing an act which would amount to the commission of the offence if C were aged 10 or over (or, in Scotland, were aged 12 or over);
b a reference to C doing an act which, if done in a part of the United Kingdom, would amount to the commission of an offence includes C doing an act which would amount to the commission of the offence if (in addition to it being done in that part of the United Kingdom) C were aged 10 or over (or, in Scotland, were aged 12 or over).

Child criminal exploitation prevention orders made otherwise than on conviction

50 Power to make CCE prevention order

1 This section applies if—
a an application for a CCE prevention order in respect of a person is made to a magistrates’ court, in accordance with section 52,
b a person is acquitted of any offence, by or before a court,
c the Crown Court allows a person’s appeal against a conviction for any offence, or
d the court deals with a person in respect of a finding that—
i the person is not guilty of any offence by reason of insanity, or
ii the person is under a disability and has done the act charged against them in respect of any offence.
2 The court may make an order under section 51 (a “CCE prevention order”) in respect of the person (“the defendant”) if they are aged 18 or over and the conditions in subsections (3) to (5) are met.
3 The first condition is that—
a in any case, the court is satisfied on the balance of probabilities that the defendant has engaged in child criminal exploitation or in conduct associated with child criminal exploitation, or
b in a case within subsection (1)(d), the offence in question is an offence under section 48.
4 The second condition is that the court considers that there is a risk that the defendant will engage in child criminal exploitation.
5 The third condition is that the court considers that it is necessary to make the order to prevent the defendant from engaging, or reduce the likelihood of the defendant engaging, in child criminal exploitation.
6 In subsection (3)—
a in paragraph (a), the reference to engaging in anything includes engaging in it before (as well as after) the time when this section comes into force;
b paragraph (b) applies in relation to findings made in respect of conduct occurring before (as well as after) that time.
7 In this section and sections 51 to 60—
a a reference to a person “engaging in child criminal exploitation” is to the person—
i doing anything that constitutes an offence under section 48 (as it has effect in England and Wales), or
ii doing anything in Scotland or Northern Ireland that would constitute an offence under section 48 (as it has effect in England and Wales) if done in England and Wales;
b a reference to a person “engaging in conduct associated with child criminal exploitation” is to the person doing anything, in any part of the United Kingdom, that is associated with the doing of anything within paragraph (a)(i) or (ii).

51 CCE prevention orders

1 A CCE prevention order is an order which—
a prohibits the defendant from doing anything described in the order;
b requires the defendant to do anything described in the order.
The order may in particular require the defendant to comply with section 56 (notification requirements).
2 A court may include a prohibition or requirement only if it considers it necessary for the purpose of preventing the defendant from engaging, or reducing the likelihood of the defendant engaging, in child criminal exploitation.
3 Prohibitions and requirements must, so far as practicable, be such as to avoid—
a any conflict with any religious beliefs of the defendant;
b any interference with the times, if any, at which the defendant normally works or attends any educational establishment;
c any conflict with the prohibitions and requirements of any other court order or injunction to which the defendant is subject.
4 A prohibition or requirement applies throughout the United Kingdom unless expressly limited to a particular area.
5 A CCE prevention order must—
a specify the period for which it has effect, which must be at least two years, or
b state that it has effect until further order.
6 A CCE prevention order may specify periods for which particular prohibitions or requirements have effect.
7 Where a court makes a CCE prevention order in respect of a defendant who is already subject to such an order, the earlier order ceases to have effect.

Procedure

52 Applications for CCE prevention orders

1 An application for a CCE prevention order may be made by—
a a relevant chief officer of police,
b the Chief Constable of the British Transport Police Force,
c the chief constable of the Ministry of Defence Police, or
d the Director General of the National Crime Agency.
2 For the purposes of subsection (1)(a) a chief officer of police is a “relevant chief officer of police” in relation to an application if—
a the defendant lives in the chief officer’s police area, or
b the chief officer believes that the defendant is in, or is intending to come to, the chief officer’s police area.
3 Where a person within subsection (1)(b), (c) or (d) makes an application, the person must as soon as practicable notify the chief officer of police for—
a the police area in which the defendant lives, or
b the police area which the applicant believes the defendant is in or is intending to come to,
of that application.

53 Applications without notice

1 An application for a CCE prevention order may be made without notice to the defendant.
2 If an application is made without notice the court must do one of the following—
a adjourn the proceedings and make an interim CCE prevention order (see section 54);
b adjourn the proceedings without making an interim order;
c dismiss the application.

54 Interim CCE prevention orders

1 This section applies where the court adjourns the hearing of an application (whether made with or without notice) for a CCE prevention order.
2 The court may, if it considers it necessary to do so, make a CCE prevention order lasting for a fixed period or until the determination of the application (an “interim CCE prevention order”). Section 51(5) does not apply in relation to an interim CCE prevention order.
3 The only requirement that may be imposed by an interim CCE prevention order on the defendant is a requirement to comply with section 56 (notification requirements).
4 Subject to that, the court has the same powers in relation to an interim CCE prevention order as it has in relation to an order made at a final hearing.
5 An interim CCE prevention order made at a hearing of which the defendant was not given notice takes effect on being served on the defendant.
6 Nothing in subsection (2) prevents the variation of the duration of an interim CCE prevention order, or the discharge of such an order, under section 57.

55 Procedural powers where no application made

1 This section applies in the circumstances mentioned in section 50(1)(b), (c) or (d).
2 For the purpose of deciding whether to make a CCE prevention order, the court may consider evidence led by the prosecution and evidence led by the defendant.
3 It does not matter whether the evidence would have been admissible in the proceedings giving rise to the circumstances referred to in subsection (1).
4 The court may adjourn any proceedings relating to the making of a CCE prevention order.
5 If the defendant does not appear for any adjourned proceedings, the court may—
a further adjourn the proceedings,
b issue a warrant for the defendant’s arrest, or
c hear the proceedings in the defendant’s absence.
6 The court may act under subsection (5)(b) only if satisfied that the defendant has had adequate notice of the time and place of the adjourned proceedings.
7 The court may act under subsection (5)(c) only if satisfied that the defendant—
a has had adequate notice of the time and place of the adjourned proceedings, and
b has been informed that if the defendant does not appear for those proceedings, the court may hear the proceedings in the defendant’s absence.
8 Nothing in this section limits any other powers of the court.

Notification requirements

56 Notification requirements

1 This section applies where a CCE prevention order requires the defendant to comply with this section.
2 Before the end of the period of three days beginning with the day on which a CCE prevention order requiring the defendant to comply with this section is first served, the defendant must notify to the police—
a the defendant’s name and, where the defendant uses one or more other names, each of those names, and
b the defendant’s home address.
3 If, while the defendant is required to comply with this section, the defendant—
a uses a name which has not been notified under the order, or
b changes home address,
the defendant must notify, to the police, the new name or the new home address.
4 A notification under subsection (3) must be given before the end of the period of three days beginning with the day on which the defendant uses the name or changes home address.
5 A notification under this section is made—
a by attending at an appropriate police station and giving an oral notification to a constable, or to a person authorised for the purpose by the officer in charge of the station, or
b in a way specified in the CCE prevention order.
6 An “appropriate police station” is a police station in the police area in which—
a the defendant’s home address is situated, or
b the court which made the order is situated.
7 A notification under this section must be acknowledged in writing.
8 In this section “home address” means—
a the address of the defendant’s sole or main residence in the United Kingdom, or
b where the defendant has no such residence, the address or location of a place in the United Kingdom where the defendant can regularly be found and, if there is more than one such place, such one of those places as the defendant may select.
9 In determining the period of three days mentioned in subsection (2) or (4), no account is to be taken of any time when the defendant is—
a lawfully detained or otherwise lawfully deprived of their liberty, in the United Kingdom, or
b outside the United Kingdom.

Variation, discharge and appeals

57 Variation and discharge of CCE prevention orders

1 This section applies where a person mentioned in subsection (2) applies to a relevant court for the variation or discharge of a CCE prevention order.
2 The persons are—
a the person who applied for the CCE prevention order;
b the defendant;
c the chief officer of police for the police area in which the defendant lives;
d a chief officer of police who believes that the defendant is in, or is intending to come to, the chief officer’s police area.
3 On the application, the court may (after hearing from the applicant and any other person mentioned in subsection (2) who wishes to be heard) make any order varying or discharging the order that the court considers appropriate. This is subject to subsection (7).
4 The power to vary an order includes power to—
a include an additional prohibition or requirement;
b extend the period for which a prohibition or requirement has effect;
c extend the period for which the order has effect.
5 The court may make provision of a kind mentioned in subsection (4) only if it considers that the provision is necessary to prevent the defendant from engaging, or reduce the likelihood of the defendant engaging, in child criminal exploitation.
6 Subsections (3), (4) and (6) of section 51 apply to additional prohibitions or requirements included on a variation of an order.
7 The court may not discharge an order before the end of the period of two years beginning with the day on which the order was made, without the consent of the defendant and—
a the chief officer of police for the police area in which the defendant lives, or
b where the application is made by a chief officer of police, that chief officer.
This subsection does not apply to an interim CCE prevention order.
8 Where a person within section 52(1)(b), (c) or (d) makes an application under this section, the person must as soon as practicable notify the chief officer of police for—
a the police area in which the defendant lives, or
b the police area which the applicant believes the defendant is in or is intending to come to,
of that application.
9 In this section “relevant court” means—
a where the Crown Court or the Court of Appeal made the order, the Crown Court;
b in any other case, any magistrates’ court.

58 Appeals

1 A relevant person may appeal to the relevant court against a decision made—
a on an application under section 52 (applications for CCE prevention orders);
b under section 54 (interim CCE prevention orders);
c on an application under section 57 (variation and discharge of CCE prevention orders).
2 In this section—
  • “relevant court” means—
    1. in the case of a decision of a magistrates’ court, the Crown Court;
    2. in the case of a decision of the Crown Court, the Court of Appeal;
  • “relevant person” means—
    1. the person who made the application to which the decision relates,
    2. the defendant,
    3. the chief officer of police for the police area in which the defendant lives, or
    4. a chief officer of police who believes that the defendant is in, or is intending to come to, the chief officer’s police area.
3 On an appeal under subsection (1) the relevant court may make—
a such orders as may be necessary to give effect to its determination of the appeal, and
b such incidental and consequential orders as appear to it to be appropriate.
4 Where a CCE prevention order is made by virtue of paragraph (b), (c) or (d) of section 50(1), the defendant may appeal against the making of the order (so far as they could not otherwise do so) as if the defendant had been convicted of the offence and the order were a sentence passed on the defendant for that offence.
5 Where a CCE prevention order is made on appeal, for the purposes of this Chapter (other than this section) the order is to be treated as made by the court from which the appeal was made.
6 Rules of court may provide that an appeal from a decision—
a to dismiss an application for a CCE prevention order made without notice being given to the defendant, or
b to refuse to make an interim CCE prevention order when adjourning proceedings following such an application,
may be made without notice being given to the defendant.

Supplementary

59 Offence of breaching CCE prevention order

1 A person who, without reasonable excuse, fails to comply with an order mentioned in subsection (2) commits an offence.
2 The orders are—
a a CCE prevention order;
b a CCE prevention order under Schedule 7 (CCE prevention orders in Scotland);
c a CCE prevention order under Schedule 8 (CCE prevention orders in Northern Ireland).
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 five years or a fine (or both).
4 Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.
5 In proceedings for an offence under this section, a copy of the original order mentioned in subsection (2), certified by the proper officer of the court that made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those matters is admissible in those proceedings.
6 In section 80(3) of the Sentencing Code (list of circumstances where an order for conditional discharge is not available) after paragraph (f) insert—
.
7 The Secretary of State may by regulations amend subsection (2) so as to add to or remove from the list of orders any relevant UK order.
8 “Relevant UK order” means an order under the law of Scotland or Northern Ireland which appears to the Secretary of State to be equivalent or similar to a CCE prevention order.

60 Offences relating to notifications

1 This section applies where a CCE prevention order requires a person to comply with section 56 (notification requirements).
2 The person commits an offence if—
a without reasonable excuse, they fail to comply with that section, or
b in purported compliance with that section, they notify to the police any information which they know to be false.
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 five years or a fine (or both).
4 A person commits an offence under subsection (2)(a) on the day on which they first fail, without reasonable excuse, to comply with section 56.
5 The person continues to commit the offence throughout any period during which the failure continues.
6 But the person may not be prosecuted more than once in respect of the same failure.
7 Section 59(5) applies for the purposes of this section.

61 Special measures for witnesses

1 Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in the case of vulnerable and intimidated witnesses) applies to relevant proceedings under this Chapter as it applies to criminal proceedings, but with—
a the omission of sections 17(4) to (7), 21(4C)(e), 22A, 27(10) and 32 of that Act (which make provision appropriate only in the context of criminal proceedings), and
b any other necessary modifications.
2 Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act apply to relevant proceedings under this Chapter—
a to the extent provided by rules of court, and
b subject to any modifications provided by rules of court.
3 Section 47 of that Act (restrictions on reporting special measures directions etc) applies with any necessary modifications—
a to a direction under section 19 of that Act as applied by this section;
b to a direction discharging or varying such a direction.
Sections 49 and 51 of that Act (offences) apply accordingly.
4 In this section “relevant proceedings under this Chapter” means any proceedings under this Chapter except proceedings relating to an offence under section 48, 59 or 60.

62 Interpretation and supplementary provision

1 In sections 50 to 60—
  • “CCE prevention order”, except in paragraphs (b) and (c) of section 59(2), means an order under section 51 (and accordingly includes an interim order made by virtue of section 54);
  • “defendant” has the same meaning as in section 50;
  • “engaging in child criminal exploitation” has the meaning given by section 50 (and related expressions are to be construed accordingly).
2 An application under this Chapter is to be made—
a by complaint, where the application is made to a magistrates’ court;
b in accordance with rules of court, in any other case.
3 Section 127 of the Magistrates’ Courts Act 1980 (time limit for complaints etc) does not apply to a complaint under this Chapter.
4 On the hearing of an application under this Chapter, section 97 of the Magistrates’ Courts Act 1980 (summons to witness and warrant for arrest) does not apply in relation to any person for whose protection the order is sought, except where the person has given oral or written evidence at the hearing.

CCE prevention orders on conviction

63 Orders made on conviction

Schedule 6 amends Part 11 of the Sentencing Code (behaviour orders) so as to enable courts dealing with offenders in respect of offences to make CCE prevention orders.

CCE prevention orders: Scotland and Northern Ireland

64 Child criminal exploitation prevention orders: Scotland and Northern Ireland

1 Schedule 7 makes provision about child criminal exploitation prevention orders for Scotland.
2 Schedule 8 makes provision about child criminal exploitation prevention orders for Northern Ireland.

Chapter 2 Cuckooing

65 Controlling another’s home for criminal purposes

1 A person (A) commits an offence if—
a A exercises control over the dwelling of another person (B),
b A does so for the purpose of enabling the dwelling to be used in connection with the commission (by any person) of one or more relevant offences, and
c B does not consent to A exercising that control for that purpose.
2 In this section “relevant offence” means—
a where the dwelling is in England or Wales, an offence under the law of England and Wales that is listed in Part 1 of Schedule 9;
b where the dwelling is in Scotland, an offence under the law of Scotland that is listed in Part 2 of Schedule 9;
c where the dwelling is in Northern Ireland, an offence under the law of Northern Ireland that is listed in Part 3 of Schedule 9.
3 Section 66 contains provision about the interpretation of this section.
4 A person who commits an offence under this section is liable—
a on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
b on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
c on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
d on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

66 Section 65: interpretation

1 This section applies for the purposes of section 65.
2 A reference to the dwelling of a person is to any structure or part of a structure occupied by the person as their home or other living accommodation (whether the occupation is separate or shared with others), together with any yard, garden, grounds, garage or outhouse belonging to it or used with it.
3 In subsection (2) “structure” includes a tent, caravan, vehicle, vessel or other temporary or movable structure.
4 The circumstances in which A exercises control over B’s dwelling include circumstances where A exercises control (whether temporarily or permanently) over any of the following—
a who is able to enter, leave, occupy or otherwise use the dwelling or part of the dwelling;
b the delivery of things to, or the collection of things from, the dwelling;
c the way in which, or the purposes for which, the dwelling or part of the dwelling is used;
d the ability of B to use the dwelling or part of the dwelling for B’s own purposes.
5 The circumstances in which A exercises control over B’s dwelling include circumstances where—
a A arranges for another person (C) to exercise control over B’s dwelling (including by exercising control over any of the matters mentioned in subsection (4)), and
b C does exercise that control.
6 For the purposes of section 65(1)(c), B consents to A exercising control for the purpose mentioned in section 65(1)(b) only if—
a B is aged 18 or over,
b B has capacity to give consent to the exercise of control for that purpose,
c B is given sufficient information to enable B to make an informed decision about whether to consent,
d B gives consent freely, and
e the consent is not withdrawn.

67 Power to amend definition of “relevant offence”

1 The Secretary of State may by regulations amend Schedule 9, except so far as the amendment could be made by regulations under subsection (2) or (3).
2 The Scottish Ministers may by regulations amend Part 2 of Schedule 9, where provision about the offence to which the amendment relates would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
3 The Department of Justice in Northern Ireland may by regulations amend Part 3 of Schedule 9, where provision about the offence to which the amendment relates—
a would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and
b would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

Chapter 3 Internal concealment

68 Causing internal concealment of item for criminal purpose

1 A person (“A”) commits an offence if—
a A intentionally causes a person other than A who is a child (“C”) to conceal a specified item inside C’s body, and
b the condition in subsection (3) is met.
2 It does not matter whether the specified item gets inside C’s body by an act of A or C or another person.
3 The condition is that A—
a knows or reasonably suspects that the specified item has been used in connection with criminal conduct, or
b intends the specified item to be, or knows or reasonably suspects that the specified item may be, used in connection with criminal conduct.
4 A person (“A”) commits an offence if—
a any of the following occurs, where B is a person other than A who is not a child—
i A compels B to conceal a specified item inside B’s body,
ii A coerces or deceives B into concealing a specified item inside B’s body, or
iii A engages in controlling or manipulative behaviour towards B, as a result of which B conceals a specified item inside B’s body, and
b the condition in subsection (3) is met.
5 It does not matter whether the specified item gets inside B’s body by an act of A or B or another person.
6 A is to be treated as acting in a way mentioned in subsection (4)(a) where A intentionally causes another person to act in that way (as well as where A acts in that way themselves).
7 In considering whether a person’s behaviour towards B is controlling or manipulative, regard may be had to the nature of the relationship between the person and B and to any of B’s personal circumstances which may make B more vulnerable than other persons.
8 For the purposes of this section the following are specified items—
a controlled drugs within the meaning of the Misuse of Drugs Act 1971;
b psychoactive substances within the meaning of the Psychoactive Substances Act 2016;
c a mobile telephone;
d a SIM card;
e an electronic device;
f cash;
g a payment card;
h jewellery;
i any article made or adapted for use for causing injury to persons, or capable of causing serious injury to persons;
j any weapon to which section 141 of the Criminal Justice Act 1988 (offensive weapons) applies, as that section applies in England and Wales.
9 The Secretary of State may by regulations amend this section for the purpose of changing the items which are specified items.
10 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).
11 In this section—
  • “child” means a person under the age of 18;
  • “criminal conduct” means—
    1. a criminal offence, or
    2. anything done outside England and Wales which would constitute a criminal offence if done in England or Wales;
  • “electronic device” means any device on which information is capable of being stored electronically and includes any component of such a device;
  • “payment card” means a credit card, a charge card, a prepaid card or a debit card;
  • “SIM card” means a removable physical subscriber identity module.
12 In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 36D (inserted by section 48), after the entry for section 48 insert—
.

Chapter 4 Supplementary provision

69 Secretary of State guidance

1 The Secretary of State may issue guidance to relevant officers about the exercise of their functions in connection with—
a the prevention, detection and investigation of offences under section 48;
b CCE prevention orders under section 51;
c CCE prevention orders within the meaning of Chapter 2A of Part 11 of the Sentencing Code (orders made on conviction);
d the prevention, detection and investigation of offences under section 65;
e the prevention, detection and investigation of offences under section 68.
2 A relevant officer must have regard to any guidance issued under this section.
3 “Relevant officer” means—
a a chief officer of police, within the meaning of section 101(1) of the Police Act 1996,
b the chief constable of the Ministry of Defence Police,
c the Chief Constable of the British Transport Police Force, and
d the Director General of the National Crime Agency.
4 But subsections (1) and (2) do not apply to the exercise of functions in connection with the matters in subsection (1)(a) or (d) by—
a the Chief Constable of the British Transport Police Force, or
b the Director General of the National Crime Agency,
in relation to Scotland.
5 The Secretary of State may revise any guidance issued under this section.
6 Before issuing any guidance or revisions under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
7 Subsection (6) does not apply to revisions if the Secretary of State considers that they are not substantial.
8 The Secretary of State must publish any guidance or revisions issued under this section.

70 Department of Justice guidance

1 The Department of Justice in Northern Ireland (“the Department”) may issue guidance to the Chief Constable of the Police Service of Northern Ireland about the exercise of the Chief Constable’s functions in connection with—
a the prevention, detection and investigation of offences under section 48;
b the prevention, detection and investigation of offences under section 65;
c CCE prevention orders under Schedule 8.
2 The Chief Constable of the Police Service of Northern Ireland must have regard to any guidance issued under this section.
3 The Department may revise any guidance issued under this section.
4 Before issuing any guidance or revisions under this section, the Department must consult such persons as it considers appropriate.
5 Subsection (4) does not apply to revisions if the Department considers that they are not substantial.
6 The Department must publish any guidance or revisions issued under this section.

71 Protections for witnesses, and lifestyle offences

1 In Part 2 of the Youth Justice and Criminal Evidence Act 1999—
a in section 17(4A) after paragraph (b) insert—
;
b in section 33(6) after paragraph (d) insert—
;
c in section 35(3) after paragraph (a) insert—
.
2 In Part 2 of the Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8)) (special measures directions for vulnerable witnesses etc)—
a in Article 5(5) after sub-paragraph (d) insert—
;
b in Article 21(5) for “a slavery or human trafficking offence,” substitute
.
3 In Article 23 of that Order—
a in paragraph (3) after sub-paragraph (ce) insert—
;
b in paragraph (4)(a) for the words from the beginning to “(ce)” substitute “except in a case mentioned in sub-paragraph (b)”.
4 In the Proceeds of Crime Act 2002—
a in Schedule 2 (lifestyle offences: England and Wales), after paragraph 3A insert—
;
b in Schedule 5 (lifestyle offences: Northern Ireland), after paragraph 3A insert—

Part 5 Sexual offences and offenders

Chapter 1 Child sexual abuse

72 Child sexual abuse image-generators: England and Wales

1 In the Sexual Offences Act 2003, after section 46 insert—
2 In Schedule 2 to that Act (sexual offences for purposes of section 72 of that Act), in paragraph 1(a) for “47” substitute “46A”.
3 In Schedule 3 to that Act (sexual offences for purposes of Part 2 of that Act) after paragraph 28 insert—
4 In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 33 (offences under the Sexual Offences Act 2003), after the entry for section 41 insert—
.

73 Child sexual abuse image-generators: Northern Ireland

1 In the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), after Article 42 insert—
2 In Schedule 3 to the Sexual Offences Act 2003 (offences for purposes of Part 2 of that Act) after paragraph 92O insert—

74 Child sexual abuse image-generators: Scotland

1 In the Civic Government (Scotland) Act 1982, after section 52C insert—
2 In Schedule 3 to the Sexual Offences Act 2003 (sexual offences for purposes of Part 2 of that Act) after paragraph 46 insert—
3 In the Sexual Offences (Scotland) Act 2009—
a in section 55 (offences committed outside the UK) after subsection (7) insert—
;
b in Schedule 4 (sexual offences for purposes of section 55 of that Act), after paragraph 12 insert—

75 Possession of advice or guidance about creating etc CSA images: England and Wales and Northern Ireland

1 Section 69 of the Serious Crime Act 2015 (possession of paedophile manual) is amended as follows.
2 In subsections (1) and (2)(b)(ii) after “sexually” insert “or creating CSA images”.
3 After subsection (2) insert—
4 In subsection (8) omit the definition of “abusing children sexually”.
5 In Schedule 3 to the Sexual Offences Act 2003, in paragraph 93A(1) (service offences) for “35B” substitute “35C”.
6 In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), for paragraph 35A (offences under the Serious Crime Act 2015) substitute—

76 Possession of advice or guidance about child sexual abuse or CSA images: Scotland

1 In Part 4 of the Sexual Offences (Scotland) Act 2009 after section 41 insert—
2 In Schedule 3 to the Sexual Offences Act 2003 (sexual offences for purposes of Part 2 of that Act) after paragraph 59ZJ insert—

77 Online facilitation of child sexual exploitation and abuse

1 A person commits an offence if they carry out a relevant internet activity with the intention of facilitating child sexual exploitation and abuse.
2 Each of the following is a “relevant internet activity” for the purposes of this section—
a providing an internet service;
b maintaining or helping to maintain an internet service (or part of such a service) provided by another person;
c administering, moderating or otherwise controlling access to content on an internet service;
d facilitating the sharing of content on an internet service.
3 For the purposes of this section, a person carries out the relevant internet activity of providing an internet service if they are the provider of the service within the meaning of section 226 of the Online Safety Act 2023.
4 A person who commits an offence under this section is liable—
a on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
b on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
c on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both);
d on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).
5 In this section—
  • “child sexual exploitation and abuse” means—
    1. conduct that would constitute an offence specified in Schedule 10, or
    2. conduct outside the United Kingdom that would constitute such an offence if it took place in the United Kingdom;
  • “content”, in relation to an internet service, has the meaning given by section 236(1) of the Online Safety Act 2023;
  • “internet service” has the meaning given by section 228 of that Act (and section 204(1) of that Act applies).
6 The Secretary of State may by regulations amend Schedule 10.
7 The Secretary of State must consult the Scottish Ministers before making regulations under subsection (6) which amend Part 2 of Schedule 10.
8 The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under subsection (6) which amend Part 3 of Schedule 10.

78 Offence under section 77 outside the United Kingdom

1 A person commits an offence under section 77 by virtue of conduct outside the United Kingdom only if subsection (2), (3) or (4) applies.
2 This subsection applies if—
a the person is a UK national or a UK body, and
b the conduct, if it took place in any part of the United Kingdom, would constitute an offence under section 77.
3 This subsection applies if—
a the person is a UK resident,
b the conduct constitutes an offence under the law in force in the country in which it took place, and
c if the conduct took place in any part of the United Kingdom it would constitute an offence under section 77.
4 This subsection applies if—
a at the time the conduct took place the person was not a UK national, a UK body or a UK resident,
b the conduct constituted an offence under the law in force in the country in which it took place,
c if the conduct took place in any part of the United Kingdom it would constitute an offence under section 77, and
d the person meets the residence or nationality condition at the relevant time.
5 For the purposes of subsection (4)(d), the person meets the residence or nationality condition at the relevant time if the person is a UK national, a UK body or a UK resident when proceedings for the offence are taken in the United Kingdom (see subsection (11)).
6 An act punishable under the law in force in any country constitutes an offence under that law for the purposes of subsections (3) and (4) however it is described in that law.
7 The condition in subsection (3)(b) or (4)(b) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice—
a stating that, on the facts as alleged with respect to the conduct in question, the condition is not in the defendant’s opinion met,
b showing the grounds for that opinion, and
c requiring the prosecution to prove that it is met.
8 But the court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition in subsection (3)(b) or (4)(b) is met without service of a notice under subsection (7).
9 In the application of subsections (7) and (8) to Scotland, references to the defendant are to be read as references to the accused.
10 In the Crown Court, the High Court of Justiciary or the sheriff court, the question whether the condition in subsection (3)(b) or (4)(b) is met is to be decided by the judge or sheriff (as the case may be) alone.
11 Where an offence under section 77 is committed outside the United Kingdom—
a proceedings for the offence may be taken at any place in the United Kingdom, and
b the offence may for all incidental purposes be treated as having been committed at any such place.
12 In the application of subsection (11) to Scotland, any such proceedings against a person may be taken—
a in any sheriff court district in which the person is apprehended or is in custody, or
b in such sheriff court district as the Lord Advocate may determine.
13 In subsection (12) “sheriff court district” is to be read in accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act).
14 In this section—
  • “country” includes territory;
  • “UK body” means—
    1. a body incorporated under the law of any part of the United Kingdom, or
    2. an unincorporated association formed under the law of any part of the United Kingdom;
  • “UK national” means an individual who is—
    1. a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
    2. a person who under the British Nationality Act 1981 is a British subject, or
    3. a British protected person within the meaning of that Act;
  • “UK resident” means an individual who is habitually resident in the United Kingdom.

79 Liability for offence under section 77 committed by a body

1 This section applies where an offence under section 77 is committed by a body.
2 If the offence is committed with the consent or connivance of—
a a relevant person in relation to the body, or
b a person purporting to act in the capacity of a relevant person in relation to the body,
the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.
3 In this section—
  • “body” means a body corporate, a partnership or an unincorporated association other than a partnership;
  • “relevant person”, in relation to a body, means—
    1. in the case of a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body;
    2. in the case of a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it;
    3. in the case of a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907);
    4. in the case of any other partnership, a partner;
    5. in the case of an unincorporated association other than a partnership, a person who exercises functions of management with respect to it.

80 Section 77: supplementary provision

1 Schedule 3 to the Sexual Offences Act 2003 (sexual offences for purposes of Part 2 of that Act) is amended as follows.
2 After paragraph 35C insert—
3 After paragraph 59ZL insert—
4 After paragraph 92Y insert—
5 In paragraph 93A (service offences), in sub-paragraph (1), for “35C” (inserted by section 75) substitute “35D”.
6 In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 36D (inserted by section 48), after the entry for section 68 (inserted by section 68) insert—
.

81 Sexual offences against children under 16

1 The Sexual Offences Act 2003 is amended as follows.
2 After section 8 insert—
3 In section 73(2) (exceptions to aiding, abetting and counselling) after paragraph (a) insert—
.
4 Schedule 11 contains minor and consequential amendments.

82 Sexual activity in presence of child etc

1 The Sexual Offences Act 2003 is amended as follows.
2 In section 11(1) (engaging in sexual activity in presence of child), in paragraph (c) for the words from “he engages” to the end (not including the “and” at the end of the paragraph) substitute “A engages in it when another person (B) is present or is in a place from which A can be observed,”.
3 In section 18(1) (abuse of position of trust: sexual activity in presence of child), in paragraph (c) for the words from “he engages” to the end substitute “A engages in it when another person (B) is present or is in a place from which A can be observed,”.
4 In section 32(1) (engaging in sexual activity in presence of person with mental disorder impeding choice), in paragraph (c) for the words from “he engages” to the end substitute “A engages in it when another person (B) is present or is in a place from which A can be observed,”.
5 In section 36(1) (engaging in sexual activity in presence, procured by inducement, threat or deception, of person with mental disorder)—
a in paragraph (c) for the words from “he engages” to the end substitute “A engages in it when another person (B) is present or is in a place from which A can be observed,”;
b in paragraph (d) for “paragraph (c)(i)” substitute “paragraph (c)”.
6 In section 40(1) (care workers: sexual activity in presence of person with mental disorder), in paragraph (c) for the words from “he engages” to the end substitute “A engages in it when another person (B) is present or is in a place from which A can be observed,”.
7 In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 33 (offences under the Sexual Offences Act 2003), after the entry for section 10 insert—
.

83 Child sex offences: grooming aggravating factor

1 In the Sentencing Code after section 70 insert—
2 In section 238 of the Armed Forces Act 2006 (deciding the seriousness of an offence), after subsection (7) insert—

84 Power to scan for child sexual abuse images at the border

After section 164A of the Customs and Excise Management Act 1979 (powers to search for cash) insert—

Chapter 2 Duty to report child sexual abuse

85 Duty to report suspected child sex offences

1 A person aged 18 or over must make a notification under this section if, in the course of engaging in a relevant activity in England, they are given reason to suspect that a child sex offence may have been committed (at any time).
2 A notification—
a must be made to a relevant police force or a relevant local authority (but may be made to both);
b must identify each person believed to have been involved in the suspected offence (so far as known) and explain why the notification is made;
c must be made as soon as practicable (subject to subsections (5) and (6));
d may be made orally or in writing.
3 If the person making the notification believes that no relevant child resides in England and Wales, subsection (2)(a) applies as if it referred to a relevant police force only.
4 The Secretary of State may by regulations make provision about the way in which an oral or written notification is to be made. The regulations may in particular provide that a notification to a police force or local authority is to be made in accordance with any requirements published from time to time by the police force or local authority.
5 The duty under subsection (1) does not apply to a person in the initial 7-day period if (and for so long as) they reasonably believe that making such a notification would give rise to a risk to the life or safety of a relevant child.
6 The duty under subsection (1) does not apply to a person in the initial 7-day period if (and for so long as) they reasonably believe that another person will make a notification under this section in connection with the suspected offence in that period.
7 The duty under subsection (1) does not apply to a person (P) if—
a another person informs P that they have made a notification under this section in connection with the suspected offence, and
b P reasonably believes that the notification has been made.
8 In subsections (6) and (7), references to another person making, or having made, a notification include that person making or having made it on behalf of the person mentioned in subsection (1).
9 The duty under subsection (1) is also subject to—
a section 88 (exception for certain consensual activities between children);
b section 89 (exception relating to commission of offence under section 14 of the Sexual Offences Act 2003 by a child in certain circumstances);
c section 90 (exception in respect of certain disclosures by children);
d section 91 (exception for persons providing specified services).
10 A disclosure made in a notification under this section does not breach—
a any obligation of confidence owed by the person making the disclosure, or
b any other restriction on the disclosure of information.
11 In this section—
a “the initial 7-day period” means the period of 7 days beginning when the person mentioned in subsection (1) is given reason to suspect that a child sex offence may have been committed;
b a reference to a person involved in a suspected offence includes, where the suspected offence is under—
i section 1(1)(b), (c) or (d) of the Protection of Children Act 1978 (taking etc indecent photograph of child), or
ii section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child),
any person shown in the photograph or pseudo-photograph concerned (other than an imaginary person);
c “relevant local authority” and “relevant police force” have the meaning given by section 86.
12 In this Chapter—
  • “child” means a person aged under 18 (and related expressions are to be construed accordingly);
  • “child sex offence” means an offence specified in Part 1 of Schedule 12;
  • “relevant activity” means—
    1. a regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006, or
    2. an activity specified in Part 2 of Schedule 12;
  • “relevant child” means a child involved in the suspected offence other than any child who is the suspected offender.
13 This Chapter applies to persons in the service of the Crown.

86 Section 85: meaning of “relevant local authority” and “relevant police force”

1 This section applies for the purposes of section 85.
2 “Relevant local authority” means—
a if a relevant child resides in England or Wales, the local authority in whose area the child is believed to reside, or
b if the person making the notification does not know the local authority area in which any relevant child resides, such local authority as the person making the notification considers appropriate.
3 “Relevant police force” means—
a if a person believed to be involved in the suspected offence resides in England and Wales, the police force for the area in which the person is believed to reside, or
b if the person making the notification—
i does not know the police area in which any person believed to be involved in the suspected offence resides, or
ii believes that each person believed to be involved in the suspected offence resides outside England and Wales,
such police force in England and Wales as the person making the notification considers appropriate.
4 In this section “local authority” has the same meaning as in the Children Act 2004 (see section 65).
5 Section 85(11)(b) (references to “involved in the suspected offence”) applies for the purposes of this section.

87 Section 85: reasons to suspect child sex offence may have been committed

1 For the purposes of section 85, a person (P) is given reason to suspect that a child sex offence may have been committed in each of the following cases (and no others).
2 The first case is where P witnesses conduct constituting a child sex offence.
3 The second case is where a child communicates to P something which would cause a reasonable person who engages in the same relevant activity as P to suspect that a child sex offence may have been committed.
4 The third case is where a person (A) communicates to P something which would cause a reasonable person who engages in the same relevant activity as P to suspect that A may have committed a child sex offence.
5 The fourth case is where—
a P sees an image or hears an audio recording, and
b a reasonable person who engages in the same relevant activity as P would suspect that the image shows, or the audio recording is of, conduct constituting a child sex offence.
6 The fifth case is where P sees an image, and a reasonable person who engages in the same relevant activity as P would suspect that possession of the image may constitute a child sex offence.
7 In this section “image” means a still or moving image, produced by any means.

88 Exception for certain consensual sexual activities between children

1 The duty under section 85 does not apply to a person if the following four conditions are met.
2 The first condition is that the child sex offence that the person is given reason to suspect may have been committed (“the suspected offence”) is—
a an offence under section 13 of the Sexual Offences Act 2003 (child sex offences committed by children or young persons), or
b an offence under section 1(1)(a), (b) or (c) of the Protection of Children Act 1978 or section 160 of the Criminal Justice Act 1988, relating to an indecent photograph of a child.
3 The second condition is that the person reasonably believes that—
a each person involved in the suspected offence was a child aged 13 or over, and
b where the suspected offence is under a provision mentioned in subsection (2)(b), the child shown in the indecent photograph concerned is aged 13 or over.
4 The third condition is that the person is satisfied that—
a each person involved in the suspected offence (other than the suspected offender) consented to the conduct constituting the suspected offence, and
b where the suspected offence is under section 1(1)(b) or (c) of the Protection of Children Act 1978 or section 160 of the Criminal Justice Act 1988, the person shown in the indecent photograph concerned consented to—
i the taking of the photograph, and
ii the conduct constituting the suspected offence.
5 The fourth condition is that the person is satisfied that it would not be appropriate in the circumstances to make a notification under section 85, having regard (among other things) to the risk of harm to each person mentioned in subsection (3)(a) and (if relevant) (b).
6 For the purposes of the third condition, a person consents if the person agrees by choice, and has the freedom and capacity to make that choice.
7 In this section “indecent photograph” has the same meaning as in the Protection of Children Act 1978 (see section 7 of that Act).

89 Exception relating to commission of offence under section 14 of the Sexual Offences Act 2003 by a child in certain circumstances

1 The duty under section 85 does not apply to a person if the following four conditions are met.
2 The first condition is that the child sex offence that the person is given reason to suspect may have been committed (“the suspected offence”) is an offence under section 14 of the Sexual Offences Act 2003 (arranging or facilitating child sex offence).
3 The second condition is that the person reasonably believes that—
a each person involved in the suspected offence was a child aged 13 or over, and
b each person whom (as regards the suspected offence) the suspected offender intended to be, or believed would be, involved in the offence mentioned in section 14(1)(b) of the Sexual Offences Act 2003 (“the arranged or facilitated offence”) was a child aged 13 or over.
4 The third condition is that the person is satisfied that—
a each person (if any) involved in the suspected offence (other than the suspected offender) consented to the conduct constituting it, and
b the suspected offender reasonably believed that each person whom the suspected offender intended to be, or believed would be, involved in the arranged or facilitated offence would consent to the conduct constituting it.
5 The fourth condition is that the person is satisfied that it would not be appropriate in the circumstances to make a notification under section 85, having regard (among other things) to the risk of harm to each person—
a involved in the suspected offence, or
b whom the suspected offender intended to be, or believed would be, involved in the arranged or facilitated offence.
6 For the purposes of the third condition, a child consents if the child agrees by choice, and has the freedom and capacity to make that choice.

90 Exception in respect of certain disclosures by children

1 The duty under section 85 does not apply to a person (P) if—
a P is given reason to suspect that another person (A) may have committed a child sex offence by a communication by A that is within section 87(4), and
b P reasonably believes that—
i A is a child, and
ii each other person involved in the suspected offence is a child aged 13 or over.
2 Section 85(11)(b) (references to “involved in the suspected offence”) applies for the purposes of this section.

91 Exception for persons providing specified services

1 The Secretary of State may by regulations provide that the duty under section 85 does not apply in relation to a person providing a specified service or a specified description of service. “Specified” here means specified in the regulations.
2 A service or description of service may be specified only if the Secretary of State is satisfied that—
a the service relates to the safety or well-being of children, and
b it is in the interests of children for the service to be provided on a confidential basis.

92 Preventing or deterring a person from complying with duty to report suspected child sex offence

1 A person commits an offence if they—
a know that a person is under a duty under section 85, and
b engage in any conduct with the intention of preventing or deterring that person from complying with that duty.
2 It is a defence for a person charged with an offence under this section to show that the conduct alleged to constitute the offence consisted only of making representations about the timing of a notification under section 85 in light of the best interests of any person whom they reasonably believe to be a relevant child.
3 A person is taken to show the fact mentioned in subsection (2) if—
a sufficient evidence of the fact is adduced to raise an issue with respect to it, and
b the contrary is not proved beyond reasonable doubt.
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 7 years or a fine (or both).

93 Modification of Chapter for constables

1 A constable who is under a duty under section 85 is to be treated as having complied with the duty if the constable records, in accordance with applicable policy and procedure, the matters that gave the constable reason to suspect that a child sex offence may have been committed (for the purposes of section 85).
2 In the application of sections 85(7), 88(5) and 89(5) in respect of a constable, the references in those provisions to the making of a notification under section 85 include references to the making of a record under subsection (1) of this section.
3 In this section—
  • “applicable policy and procedure” means the policy and procedure relating to the recording of criminal offences of the police force of which the constable mentioned in subsection (1) is a member;
  • “police force” includes—
    1. the British Transport Police Force, and
    2. the Ministry of Defence police.

94 Guidance

1 The Secretary of State may issue guidance about the duty under section 85 to persons who engage in relevant activities.
2 Those persons must have regard to the guidance.
3 Before issuing guidance under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
4 The Secretary of State must publish any guidance issued under this section.
5 The Secretary of State may revise any guidance issued under this section.
6 Subsections (2) to (4) apply to revised guidance, except that subsection (3) does not apply if the Secretary of State considers that the revisions are not substantial.

95 Powers to amend this Chapter, and consequential amendments

1 The Secretary of State may by regulations amend—
a this Chapter so as to change an exception to the duty under section 85;
b Part 1 of Schedule 12 (child sex offences);
c Part 2 of Schedule 12 (further relevant activities) so as to add or change an activity.
The regulations may make consequential amendments of this Chapter.
2 In Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (barred lists), in paragraph 4(1) (relevant conduct for purposes of paragraph 3) after paragraph (e) insert—
3 In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 36D (offences under the Crime and Policing Act 2026) (inserted by section 48), after the entry for section 77 (inserted by section 80), insert—
.

Chapter 3 Removal of limitation period for child sexual abuse

96 Removal of limitation period in child sexual abuse cases

1 The Limitation Act 1980 is amended as follows.
2 After section 11 insert—
3 In section 12 (special time limit for actions under Fatal Accidents legislation) after subsection (1) insert—
4 In section 14B(1) (overriding time limit for negligence actions) after “section 11” insert “or 11ZA”.

Chapter 4 Other provision about sexual offences

Guidance about disclosure of information

97 Guidance about disclosure of information by police for purpose of preventing sex offending

1 The Secretary of State may from time to time—
a issue guidance to chief officers about the disclosure of police information for the purpose of preventing the commission of relevant sexual offences;
b revise any guidance issued under this section.
2 A chief officer must have regard to any guidance issued under this section.
3 Subsections (1) and (2) do not apply in relation to functions of the Chief Constable of the British Transport Police in relation to Scotland.
4 Before issuing or revising guidance under this section, the Secretary of State must consult—
a the National Police Chiefs’ Council, and
b such other persons as the Secretary of State considers appropriate.
5 Subsection (4) does not apply to revisions if the Secretary of State considers that they are not substantial.
6 The Secretary of State must publish any guidance or revisions issued under this section.
7 In this section—
  • “chief officer” means—
    1. the chief officer of police of a police force maintained by a local policing body,
    2. the Chief Constable of the British Transport Police Force, or
    3. the chief constable of the Ministry of Defence Police;
  • “police information” means, in relation to a chief officer, information held by the police force in question;
  • “relevant sexual offence” means an offence listed in Schedule 3 to the Sexual Offences Act 2003.
8 In construing the reference in subsection (7) to an offence listed in Schedule 3 to the Sexual Offences Act 2003, disregard any condition subject to which an offence is so listed that relates to—
a the way in which the defendant is dealt with in respect of the offence or a relevant finding (as defined by section 132(9) of that Act), or
b the age of any person.

Intimate images etc

98 Offences relating to semen-defaced images, intimate photographs or films and voyeurism

Schedule 13 makes provision in connection with offences relating to semen-defaced images, intimate photographs or films and voyeurism.

99 Purported intimate image generators

1 The Sexual Offences Act 2003 is amended as follows.
2 After section 66H insert—
3 In section 79(5) (meaning of references to image of a person), for “and 66G” substitute “, 66G and 66I”.
4 In paragraph 1 of Schedule 2 (sexual offences for purposes of section 72), after paragraph (c) insert—
.
5 In Schedule 3 (sexual offences for purposes of Part 2), after paragraph 33B insert—

100 Taking down intimate image content

1 The Online Safety Act 2023 is amended as follows.
2 In section 10 (regulated user-to-user services: safety duties about illegal content) after subsection (3) insert—
3 After section 20 (duty about content reporting) insert—
4 In section 21 (duties about complaints procedures) after subsection (2) insert—
5 In section 27 (regulated search services: safety duties about illegal content) after subsection (3) insert—
6 After section 31 (duty about content reporting) insert—
7 In section 32 (duties about complaints procedures) after subsection (2) insert—
8 In section 59 (meaning of “illegal content” etc) after subsection (10) insert—
9 In section 133 (confirmation decisions: requirements to take steps)—
a in subsection (4) after paragraph (c) insert—
;
b after subsection (7) insert—
;
c in subsection (10) after ““CSEA content”,” insert ““intimate image content”,”.
10 In section 138 (offence of failing to comply with requirements imposed by confirmation decision) after subsection (3) insert—

101 Taking down intimate image content: consequential amendments

1 The Online Safety Act 2023 is amended as follows.
2 In section 10 (regulated user-to-user services: safety duties about illegal content)—
a in subsection (4) for “and (3)” substitute “to (3A)”;
b in subsection (5)—
i the words from “each paragraph” to the end become paragraph (a);
ii at the end of that paragraph insert
;
c in subsection (7) for “subsection (2) or (3)” substitute “subsections (2) to (3A)”.
3 In section 23(5) (record-keeping and review duties) for “or (3)”, in the first place it occurs, substitute “, (3) or (3A)”.
4 In section 27 (regulated search services: safety duties about illegal content)—
a in subsection (4) for “and (3)” substitute “to (3A)”;
b in subsection (7) for “subsection (2) or (3)” substitute “subsections (2) to (3A)”.
5 In section 34(5) (record-keeping and review duties), for “or (3)”, in the first place it occurs, substitute “, (3) or (3A)”.
6 In section 59(14) (meaning of “illegal content” etc) for “and “priority illegal content”” substitute “, “priority illegal content” and “intimate image content””.
7 In section 71(2)(a)(i) (duty not to take down content except in accordance with terms of service: exceptions) for “or (3)” substitute “, (3) or (3A)”.
8 In section 136(5) (confirmation decisions: proactive technology)—
a in paragraph (a) for “or (3)” substitute “, (3) or (3A)”;
b in paragraph (c) for “or (3)” substitute “, (3) or (3A)”.
9 In section 237 (index of defined terms) at the appropriate place insert—
.
10 In Schedule 4 (codes of practice)—
a in paragraph 9(1) for “or (3)” substitute “, (3) or (3A)”;
b in paragraph 9(3) for “or (3)” substitute “, (3) or (3A)”;
c in paragraph 13(3)(a) for “or (3)” substitute “, (3) or (3A)”;
d in paragraph 13(3)(c) for “or (3)” substitute “, (3) or (3A)”.

102 Image deletion orders

1 The Sentencing Code is amended as follows.
2 In Part 7 (financial orders and orders relating to property), after Chapter 4 insert—
3 In Chapter 5 of Part 3 (duties to explain or give reasons), after section 55 insert—

103 Intimate image material: reporting and registration

Schedule 14 makes provision about the reporting and registration of intimate image material.

Pornography

104 Pornographic images of strangulation or suffocation: England and Wales and Northern Ireland

1 After section 67 of the Criminal Justice and Immigration Act 2008 insert—
2 In section 68 of that Act (special rules relating to providers of information society services) for “section 63” substitute “sections 63, 67A”.
3 In Schedule 14 to that Act (special rules relating to providers of information society services)—
a in paragraphs 3(1), 4(2) and 5(1) after “63” insert “, 67A”;
b in paragraph 5(2)—
i after “possession” insert “or publication”;
ii for “an offence under section 63” substitute “the offence in question”.
4 In Schedule 34A to the Criminal Justice Act 2003 (child sex offences for purposes of section 327A), after paragraph 13 insert—
5 In Schedule 7 to the Online Safety Act 2023 (priority offences), in paragraph 29—
a for “section 63” substitute “any of the following provisions”;
b for the words in brackets substitute
.

105 Pornographic images of strangulation or suffocation: Scotland

1 After section 51C of the Civic Government (Scotland) Act 1982 insert—
2 In the Extreme Pornography (Electronic Commerce Directive) (Scotland) Regulations 2011 (S.S.I. 2011/137)—
a in regulation 2(1), in the definition of “relevant offence”—
i after “51A” insert “(extreme pornography) or 51D (pornographic images of strangulation or suffocation)”;
ii after “Act” omit “(extreme pornography)”;
b in regulation 3(1) and (3) for “a relevant offence” substitute “an offence under section 51A of the 1982 Act”;
c in regulation 6(2)—
i after “possession” insert “or publication”;
ii for “a relevant offence” substitute “the relevant offence in question”.

106 Pornographic images of sex between relatives

1 After section 67D of the Criminal Justice and Immigration Act 2008 (inserted by section 104 of this Act) insert—
2 In section 68 of that Act (special rules relating to providers of information society services), after “67A” (inserted by section 104 of this Act) insert “, 67E”.
3 In Schedule 14 to that Act (special rules relating to providers of information society services), in paragraphs 3(1), 4(2) and 5(1) after “67A” (inserted by section 104 of this Act) insert “, 67E ”.
4 In section 47(1) of the Adoption Act 1976, for “or sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative)” substitute “sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative), or section 67E of the Criminal Justice and Immigration Act 2008 (possession or publication of pornographic images of sex between relatives)”.
5 In section 74(1) of the Adoption and Children Act 2002—
a omit the “or” after paragraph (a);
b after paragraph (b) insert
6 In Schedule 34A to the Criminal Justice Act 2003 (child sex offences for the purposes of section 327A), after paragraph 13ZA (inserted by section 104 of this Act) insert—
7 In Schedule 7 to the Online Safety Act 2023 (priority offences), in paragraph 29, after paragraph (b) (inserted by section 104 of this Act) insert
.

107 Pornographic images of sexual activity with child under 16

1 After section 67G of the Criminal Justice and Immigration Act 2008 insert—
2 In section 68 of that Act (special rules relating to providers of information society services), after “67E” insert “and 67H”.
3 In Schedule 14 to that Act (special rules relating to providers of information society services), in paragraphs 3(1), 4(2) and 5(1) after “67E” insert “or 67H”.
4 In Schedule 34A to the Criminal Justice Act 2003 (child sex offences for the purposes of section 327A), after paragraph 13ZB insert—
5 In Schedule 7 to the Online Safety Act 2023 (priority offences), in paragraph 29 after paragraph (c) insert—

108 Online pornography (age and consent verification): duty to review and report

1 The Secretary of State must conduct a review of the role of providers of internet services in—
a verifying the age of individuals appearing in pornographic content published or displayed on their services;
b verifying whether individuals appearing in pornographic content published or displayed on their services consent to the content being published or displayed.
2 The Secretary of State must lay before Parliament, and publish, a report of the review.
3 The Secretary of State must comply with subsections (1) and (2) before the end of the 12 month period beginning with the day on which this Act is passed.
4 In this section the following terms have the same meaning as in the Online Safety Act 2023—
  • “internet service” (see section 228 of that Act);
  • “pornographic content” (see section 236 of that Act);
  • “provider”, in relation to an internet service of any kind (see section 226 of that Act).

109 Online pornography (age and consent verification): power to amend Online Safety Act 2023

1 The Online Safety Act 2023 is amended as follows.
2 After section 217 insert—
3 In section 225(1) (regulations subject to affirmative procedure) after paragraph (g) insert—
.

110 Online pornography (age and consent verification): power to make regulations

1 The Secretary of State may by regulations make provision for or in connection with the imposition on providers of specified internet services of duties relating to—
a verifying the age of individuals appearing in pornographic content published or displayed on those internet services (“age verification duties”);
b verifying whether individuals appearing in pornographic content published or displayed on those internet services consent to the content being published or displayed (“consent verification duties”).
2 Age verification duties and consent verification duties may include duties relating to the systems and processes used to operate specified internet services.
3 Consent verification duties may include duties relating to cases where consent previously given is withdrawn.
4 The regulations may confer functions on—
a a body established by the regulations, or
b another body specified in the regulations,
(“the regulator”).
5 The regulations may make provision—
a establishing or modifying the constitutional arrangements of the regulator;
b establishing or modifying the funding arrangements of the regulator.
6 The functions which may be conferred on the regulator include—
a powers to, by notice, require providers of specified internet services to provide information to the regulator;
b powers, in relation to requirements imposed by or under the regulations, corresponding or similar to those conferred on OFCOM by or under Chapter 6 of Part 7 of the Online Safety Act 2023 in relation to enforceable requirements, including provisions conferring power to impose monetary penalties.
7 The provision which may be made under subsection (6)(a) includes provision corresponding or similar to that made in relation to requirements to provide information to OFCOM by—
a section 109 of the Online Safety Act 2023 (offences in connection with information notices), and
b section 113 of that Act so far as relating to section 109 (penalties for information offences).
8 If the regulations make provision under subsection (6)(b) corresponding or similar to provision in relation to which an appeal lies under section 168 of the Online Safety Act 2023, they must make corresponding or similar provision for an appeal.
9 The regulations may make provision for appeals against other decisions of the regulator.
10 The regulations may make provision requiring providers of specified internet services to pay fees to the regulator.
11 The provision which may be made under subsection (10) includes provision corresponding or similar to that made in relation to the payment of fees to OFCOM by or under Part 6 of the Online Safety Act 2023.
12 The regulations may make provision requiring the regulator to issue guidance to providers of specified internet services to assist them to comply with age verification duties and consent verification duties.
13 References in this section to an internet service include an internet service provided from outside the United Kingdom—
a which has a significant number of United Kingdom users, or
b one of the target markets of which (or the only target market of which) is United Kingdom users.
14 In this section the following terms have the same meaning as in the Online Safety Act 2023—
  • “internet service” (see section 228 of that Act);
  • “pornographic content” (see section 236 of that Act);
  • “provider”, in relation to an internet service of any kind (see section 226 of that Act);
  • “United Kingdom user” (see section 227 of that Act).
15 In this section “specified” means specified, or of a description specified, in the regulations.

Obscenity etc offences: technology testing defence

111 Obscenity etc offences: technology testing defence

1 The Secretary of State may by regulations provide defences to relevant offences for persons who are authorised by the Secretary of State to carry out technology testing activities.
2 “Technology testing activities” means activities which are carried out in the course of, or in connection with, testing technology for the purposes of—
a investigating whether it may have been made or adapted for use for creating, or facilitating the creation of, prohibited material, or
b testing whether it may be used to create, or facilitate the creation of, prohibited material.
3 “Prohibited material” means anything in relation to which a relevant offence may be committed.
4 The regulations may make provision about authorisations by the Secretary of State to carry out technology testing activities, including provision—
a for authorisations to be subject to conditions (which may be specified in the regulations or determined by the Secretary of State);
b for the variation, suspension, or withdrawal of authorisations and conditions;
c for the enforcement of any breaches of conditions (which may include provision creating criminal offences punishable with a fine);
d for fees to be payable to the Secretary of State, as a means of recovering costs incurred by the Secretary of State in exercising functions under the regulations.
5 The Secretary of State must consult the Scottish Ministers before making regulations under this section containing provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
6 The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under this section containing provision that—
a would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and
b would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

112 Technology testing defence: meaning of “relevant offence”

1 For the purposes of section 111 “relevant offence” means—
a an offence listed in subsection (2),
b an offence listed in subsection (3) (Scotland), and
c an offence listed in subsection (4) (Northern Ireland).
2 The offences referred to in subsection (1)(a)are offences under any of the following provisions—
ActProvision
Obscene Publications Act 1959Section 2 (publication of obscene article)
Protection of Children Act 1978Section 1(1)(a), (b) or (c) (indecent photographs of children)
Criminal Justice Act 1988Section 160(1) (indecent photographs of children)
Communications Act 2003Section 127(1) (sending indecent messages via public electronic communications network)
Sexual Offences Act 2003Section 46A (child sexual abuse image-generators)
Section 66B(1) (sharing intimate photograph or film)
Section 66E(1) (creating purported intimate image of adult)
Section 66F(1) or (2) (requesting creation of purported intimate image of adult)
Criminal Justice and Immigration Act 2008Section 63 (possession of extreme pornographic images), as it has effect under the law of England and Wales
Section 67A (possession or publication of pornographic images of strangulation or suffocation), as it has effect under the law of England and Wales
Coroners and Justice Act 2009Section 62 (possession of prohibited images of children), as it has effect under the law of England and Wales
Serious Crime Act 2015Section 69 (possession of paedophile manual), as it has effect under the law of England and Wales
3 The offences referred to in subsection (1)(b) are offences under any of the following provisions—
ActProvision
Civic Government (Scotland) Act 1982Section 51 (obscene material)
Section 51A (extreme pornography)
Section 51D (pornographic images of strangulation or suffocation)
Section 52(1)(a), (b) or (c) (indecent photographs of children)
Section 52A (indecent photographs of children)
Section 52D (child sexual abuse image- generators)
Sexual Offences (Scotland) Act 2009Section 41A (possession of advice or guidance about abusing children sexually or creating CSA images)
Abusive Behaviour and Sexual Harm (Scotland) Act 2016Section 2 (disclosing or threatening to disclose intimate photograph or film)
4 The offences referred to in subsection (1)(c) are—
a an offence under the common law of Northern Ireland of publishing an indecent or obscene article;
b offences under any of the following provisions—
Act / OrderProvision
Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17))Article 3(1)(a), (b) or (c) (indecent photographs of children)
Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17))Article 15(1) (indecent photographs of children)
Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2))Article 42A (child sexual abuse image-generators)
Criminal Justice and Immigration Act 2008Section 63 (possession of extreme pornographic images), as it has effect under the law of Northern Ireland
Section 67A (possession or publication of pornographic images of strangulation or suffocation), as it has effect under the law of Northern Ireland
Coroners and Justice Act 2009Section 62 (possession of prohibited images of children), as it has effect under the law of Northern Ireland
Serious Crime Act 2015Section 69 (possession of paedophile manual), as it has effect under the law of Northern Ireland
5 The Secretary of State may by regulations amend this section so as to change the meaning of “relevant offence”.
6 The Secretary of State must consult the Scottish Ministers before making regulations under this section containing provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
7 The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under this section containing provision that—
a would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and
b would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

Other sexual offences

113 Exposure

In the Sexual Offences Act 2003, in section 66 (exposure), for subsection (1) substitute—

114 Sexual activity with an animal

1 The Sexual Offences Act 2003 is amended in accordance with subsections (2) to (5).
2 For section 69 (intercourse with an animal) substitute—
3 In section 78 (meaning of “sexual”), after “66D” insert “, 69”.
4 In section 79 (Part 1: general interpretation) omit subsection (10).
5 In paragraphs 35 and 92 of Schedule 3 (sexual offences that make offender subject to notification requirements), for “intercourse” substitute “sexual activity”.
6 In the following provisions, for “intercourse” substitute “sexual activity”—
a paragraph 151 of Schedule 15 to the Criminal Justice Act 2003;
b paragraph 38(az) of Schedule 18 to the Sentencing Code.

115 Sexual activity with a corpse

1 In the Sexual Offences Act 2003 for section 70 substitute—
2 In consequence of the amendment made by subsection (1), in the following provisions for “sexual penetration of” substitute “sexual activity with”—
  • paragraph 152 of Schedule 15 to the Criminal Justice Act 2003;
  • paragraphs 35 and 92 of Schedule 3 to the Sexual Offences Act 2003;
  • paragraph 33 of Schedule 4 to the Modern Slavery Act 2015;
  • paragraph 38(ba) of Schedule 18 to the Sentencing Code.

Convictions and cautions for loitering or soliciting

116 Disregarding convictions and cautions for loitering or soliciting when under 18

1 Part 5 of the Protection of Freedoms Act 2012 is amended as follows.
2 In the heading of Chapter 4, omit “for buggery etc.”
3 For the italic heading before section 92, substitute “Sexual activity between persons of the same sex”.
4 After section 94 insert—
5 In section 95 (effect of disregard on police and other records)—
a before subsection (1) insert—
;
b after subsection (4) insert—
6 In section 99 (appeal against refusal to disregard convictions or cautions)—
a in the heading, at the end insert “for sexual activity between persons of the same sex”;
b in paragraph (a), after “application” insert “made under section 92”.
7 In section 100 (advisers)—
a in the heading, at the end insert “on applications under section 92”;
b in subsection (1), after “case” insert “under section 92”.
8 In section 101 (interpretation)—
a in the definition of “disregarded caution”, after “which” insert “is or”;
b in the definition of “disregarded conviction”, after “which” insert “is or”.

117 Pardons for convictions and cautions for loitering or soliciting when under 18

1 The Policing and Crime Act 2017 is amended as follows.
2 After section 165 insert—
3 In section 167 (sections 164 to 166: supplementary)—
a in subsection (1) for “or 165” substitute “, 165, 165A”;
b in subsection (2) for “or 165” substitute “, 165, 165A”.

Chapter 5 Management of sex offenders

118 Notification of name change

After section 83 of the Sexual Offences Act 2003 insert—

119 Notification of absence from sole or main residence

1 After section 85 of the Sexual Offences Act 2003 insert—
2 In section 85A of the Sexual Offences Act 2003 (notification requirements: absence from notified residence (Northern Ireland)), after subsection (7) insert—

120 Child sex offenders: requirement to notify if entering premises where children present

After section 86 of the Sexual Offences Act 2003 insert—

121 Police stations at which notifications may be given: Scotland and Northern Ireland

1 Section 87 of the Sexual Offences Act 2003 (method of notification and related matters) is amended as follows.
2 In subsection (1), for paragraph (a) substitute—
.
3 After subsection (2) insert—

122 Alternative method of notification

After section 87 of the Sexual Offences Act 2003 insert—

123 Review of indefinite notification requirements: England and Wales

1 The Sexual Offences Act 2003 is amended as follows.
2 In section 91A (review of indefinite notification requirements: qualifying relevant offender) after subsection (1) insert—
3 After section 91E insert—
4 After section 91F insert—

124 Review of indefinite notification requirements: Northern Ireland

In Schedule 3A to the Sexual Offences Act 2003 (discharge from indefinite notification requirements in Northern Ireland) after paragraph 6 insert—

125 Restriction on applying for replacement identity documents in new name

1 After section 93 of the Sexual Offences Act 2003 insert—
2 After section 93H of the Sexual Offences Act 2003 (inserted by subsection (1)) insert—
3 After section 93I of the Sexual Offences Act 2003 (inserted by subsection (2)) insert—

126 Power of entry and search

1 The Sexual Offences Act 2003 is amended as follows.
2 In the section 96A inserted by section 80 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (police powers of entry to and examination of relevant offender’s home address)—
a in subsection (1), for “a senior” substitute “an appropriate”;
b in subsection (11)—
i after “section—” insert—
;
ii omit the definition of “senior police officer”.
3 In section 96B (power of entry and search of relevant offender’s home address)—
a in subsection (1), for “a senior” substitute “an appropriate”;
b in subsection (10)—
i before the definition of “the relevant force” insert—
;
ii omit the definition of “senior police officer”.

127 Minor and consequential amendments

Schedule 15 contains minor and consequential amendments relating to this Chapter.

Part 6 Stalking

128 Stalking protection orders on acquittal etc

1 The Stalking Protection Act 2019 is amended as follows.
2 Before section 1 (but after the italic heading before that section) insert—
3 In section 1 (applications for orders)—
a in subsection (1), in the words before paragraph (a), for “an order (a “stalking protection order”)” substitute “a stalking protection order”;
b omit subsection (2);
c omit subsection (6).
4 In section 2 (power to make orders)—
a in the heading, at the end insert “on application”;
b in subsection (1), after “satisfied” insert “on the balance of probabilities”;
c in subsection (2), after “satisfied” insert “on the balance of probabilities”.
5 After section 2 insert—
6 In section 4 (variations, renewals and discharges)—
a in subsection (1), for “a magistrates’” substitute “an appropriate”;
b in subsection (4)—
i in paragraph (a), after “satisfied” insert “on the balance of probabilities”;
ii in paragraph (b), for sub-paragraphs (i) and (ii) substitute—
;
c after that subsection insert—
7 In section 7 (appeals)—
a in subsection (1)(a) after “order” insert “by a magistrates’ court, a youth court or the Crown Court”;
b in subsections (1), (2) and (3) omit “to the Crown Court”;
c after subsection (3) insert—
;
d in subsection (4) for “the Crown Court” substitute “the court”;
e after that subsection insert—
8 In section 10 (method of notification and related matters), in subsection (2)(a) omit “magistrates’”.
9 In section 13 (procedure) after subsection (2) insert—
10 In section 14 (interpretation)—
a for the definition of “defendant” substitute—
;
b in the definition of “local police area”, in paragraph (c), omit “magistrates’”;
c in the definition of “stalking protection order”, for “section 1(1)” substitute “section A1(1)”.

129 Stalking protection orders on conviction

1 In Part 11 of the Sentencing Code (behaviour orders), after Chapter 3 insert—
2 In section 80(3) of the Sentencing Code (list of circumstances where an order for conditional discharge is not available)—
a after paragraph (ca) (inserted by paragraph 28 of Schedule 1) insert—
;
b after paragraph (ea) (inserted by paragraph 2 of Schedule 6) insert—
.
3 In the Stalking Protection Act 2019—
a in section 9 (notification requirements), at the end insert—
;
b in section 10 (method of notification and related matters), after subsection (3) insert—

130 Stalking protection orders: Northern Ireland

1 The Protection from Stalking Act (Northern Ireland) 2022 (c. 17 (N.I.)) is amended as follows.
2 In section 6 (meaning of act associated with stalking and risk associated with stalking), in subsection (1) for “7” substitute “6A”.
3 After section 6 insert—
4 In section 7 (applications for orders) omit subsection (1).
5 In section 8 (power to make orders)—
a for subsection (1) substitute—
;
b in subsection (2), in the words before paragraph (a)—
i for “the order” substitute “a stalking protection order”;
ii after “satisfied” insert “on the balance of probabilities”;
c in subsection (3), after “satisfied” insert “on the balance of probabilities”.
6 In section 10 (variations, renewals and discharges)—
a in subsection (1), for “a court of summary jurisdiction” substitute “an appropriate court”;
b in subsection (3)(a), after “satisfied” insert “on the balance of probabilities”;
c after subsection (3) insert—
7 In section 11 (interim stalking protection orders), in subsection (2), after “application” in the first place it occurs insert “under section 7”.
8 In section 12 (procedure)—
a after subsection (3) insert—
;
b in subsection (5) omit “10 or”.
9 After section 12 insert—
10 In section 21 (interpretation)—
a in the definition of “stalking protection order”, for “section 7(1)” substitute “section 6A(1)”;
b at the end insert—
11 In section 20(3) (report on the operation of Act)—
a in paragraph (b) omit “and the number of orders made under section 8”;
b after paragraph (b) insert—
.

131 Guidance about stalking

In the Protection from Harassment Act 1997, after section 7 insert—

132 Guidance about the disclosure of information by police forces

In the Stalking Protection Act 2019—
a in section 12, in the heading, at the end insert “about police functions under this Act”;
b after section 12, insert—

133 Guidance about disclosure of information by police: Northern Ireland

In the Protection from Stalking Act (Northern Ireland) 2022 (c. 17 (N.I.)), in section 17—
a in subsection (2) for “this section” substitute “subsection (1)”;
b after subsection (2) insert—
;
c in subsection (3) for “subsection (1)” substitute “this section”.

Part 7 Other provision for the protection of persons

134 Administering etc harmful substances (including by spiking)

1 In the Offences against the Person Act 1861—
a omit section 22 (using chloroform etc) and section 23 (maliciously administering poison etc);
b for section 24 substitute—
;
c omit section 25 (alternative verdicts).
2 In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 7 (offences under the Offences against the Person Act 1861)—
a omit the entry for section 22;
b omit the entry for section 23;
c before the entry for section 27, insert—
.

135 Encouraging or assisting serious self-harm

1 A person (D) commits an offence if—
a D does an act capable of encouraging or assisting the serious self-harm of another person, and
b the act is intended to encourage or assist the serious self-harm of another person.
2 The other person mentioned in subsection (1)(a) or (b) need not be a specific person (or class of persons) known to or identified by D.
3 An offence under this section may be committed whether or not serious self-harm of a person occurs.
4 For the purposes of this section—
  • “act” includes any conduct except conduct consisting only of one or more omissions (and a reference to the doing of an act is to be read accordingly);
  • “encouraging”: a reference to encouraging the serious self-harm of a person includes doing so by putting pressure on a person to seriously self-harm (whether by threatening them or otherwise);
  • “serious self-harm” of a person occurs where their conduct results in self-harm to them that is grievous bodily harm (within the meaning of the Offences against the Person Act 1861).
5 A person who commits an offence under this section is liable—
a on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
b on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
c on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

136 Encouraging or assisting serious self-harm: supplementary

1 Where—
a a person (D1) arranges for another person (D2) to do an act that is capable of encouraging or assisting the serious self-harm of another person, and
b D2 does that act,
D1 is to be treated for the purposes of section 135 as also having done it.
2 Where an act done by a person (D) is not capable of encouraging or assisting the serious self-harm of another person, it is to be treated for the purposes of section 135 and this section as being so capable if the act would have been so capable—
a had the facts been as D believed them to be at the time of the act, or
b had subsequent events happened in the manner D believed they would happen,
(or both).
3 The provider of an internet service is not to be regarded as doing an act within section 135(1) by reason only of providing the internet service by which a communication is sent, transmitted or published.
4 Section 135(4) applies for the purposes of this section.
5 In consequence of the provision made by section 135 and this section, section 184 of the Online Safety Act 2023 (including the italic heading before that section) is repealed.
6 In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 36D (inserted by section 48), after the entry for section 92 (inserted by section 95), insert—

137 Child abduction

1 The Child Abduction Act 1984 is amended as set out in subsections (2) to (4).
2 In section 1 (offence of abduction of child by parent etc)—
a after subsection (1) insert—
;
b in subsection (4)—
i in the words before paragraph (a), after “United Kingdom” insert “, or by detaining a child outside the United Kingdom,”;
ii in each of paragraphs (a) and (b), after “United Kingdom” insert “, or detains the child outside the United Kingdom,”;
c in subsection (4A), after “United Kingdom” insert “, or detaining the child outside the United Kingdom,”;
d in subsection (5A), in paragraph (b) after “out of the United Kingdom” insert “, or detaining the child outside the United Kingdom,”.
3 In section 11 (consequential amendments and repeals), in subsection (3) for “section 1 above” substitute “section 1(1) above”.
4 In the Schedule (modifications of section 1 for children in certain cases), in each of the following provisions after “subsection (1)” insert “or (1A)”—
a paragraph 1(2)(a);
b paragraph 2(2)(a);
c paragraph 3(2)(a).
5 The amendments made by this section apply only in cases where the taking or sending of the child out of the United Kingdom takes place on or after the date on which this section comes into force.

138 Child abduction: Northern Ireland

1 The Child Abduction (Northern Ireland) Order 1985 (S.I. 1985/1638 (N.I. 17)) is amended as set out in subsections (2) and (3).
2 In Article 3 (offence of abduction of child by parent etc)—
a after paragraph (1) insert—
;
b in paragraph (2A)—
i in the words before sub-paragraph (a), after “United Kingdom” insert “, or by detaining a child outside the United Kingdom,”;
ii in sub-paragraph (b) (before its substitution by paragraph 4(3) of Schedule 3 to the 2022 Act), after “United Kingdom” insert “, or detains the child outside the United Kingdom,”;
iii in each of sub-paragraphs (a) and (b) (as substituted by paragraph 4(3) of Schedule 3 to the 2022 Act), after “United Kingdom” insert “, or detains the child outside the United Kingdom,”;
c in paragraph (2B), after “United Kingdom” insert “, or detaining the child outside the United Kingdom,”;
d in paragraph (3A), in paragraph (b) after “out of the United Kingdom” insert “, or detaining the child outside the United Kingdom,”.
3 In the Schedule (modifications of Article 3 for children in certain cases), in each of the following provisions after “paragraph (1)” insert “or (1A)”—
a paragraph 1(2)(a);
b paragraph 3(2)(a) (before its substitution by paragraph 5(2) of Schedule 3 to the 2022 Act);
c paragraph 3(2)(a) (as substituted by paragraph 5(2) of Schedule 3 to the 2022 Act);
d paragraph 4(2)(a).
4 The amendments made by this section apply only in cases where the taking or sending of the child out of the United Kingdom takes place on or after the date on which this section comes into force.
5 In this section “the 2022 Act” means the Adoption and Children Act (Northern Ireland) 2022 (c. 18 (N.I.)).

139 Safeguarding vulnerable groups: regulated activity

1 Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (regulated activity) is amended as follows.
2 In paragraph 1 omit—
a in sub-paragraph (2A)(b), the words “(disregarding paragraph 2(3A) and (3B)(b))”;
b in sub-paragraph (2B)—
i in paragraph (a)(ii), the words “(disregarding paragraph 2(3A) and (3B)(b))”;
ii paragraph (b) and the “or” immediately before it;
c sub-paragraph (2C);
d sub-paragraph (15).
3 In paragraph 2 omit—
a sub-paragraph (3A);
b in sub-paragraph (3B), paragraph (b) and the “and” immediately before it;
c sub-paragraph (3C).
4 Omit paragraph 5A and the italic heading before it.

140 Safeguarding vulnerable groups: regulated activity (Northern Ireland)

1 Schedule 2 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) (regulated activity) is amended as follows.
2 In paragraph 1 omit—
a in sub-paragraph (2A)(b), the words “(disregarding paragraph 2(3A) and (3B)(b))”;
b in sub-paragraph (2B)—
i in paragraph (a)(ii), the words “(disregarding paragraph 2(3A) and (3B)(b))”;
ii paragraph (b) and the “or” immediately before it;
c sub-paragraph (2C);
d sub-paragraph (13).
3 In paragraph 2 omit—
a sub-paragraph (3A);
b in sub-paragraph (3B), paragraph (b) and the “and” immediately before it;
c sub-paragraph (3C).
4 Omit paragraph 5A and the italic heading before it.

141 Dangerous, careless or inconsiderate cycling

1 The Road Traffic Act 1988 is amended as set out in subsections (2) to (6) .
2 Before section 28 (dangerous cycling) insert—
3 In section 28—
a in subsection (1) for “on a road dangerously” substitute “dangerously on a road or other public place”;
b omit subsections (2) and (3).
4 After section 28 insert—
5 In section 29 (careless, and inconsiderate, cycling)—
a after “a road” insert “or other public place”;
b after “the road” insert “or place”.
6 After section 29 insert—
7 The Road Traffic Offenders Act 1988 is amended as set out in subsections (8) to (12).
8 In section 23 (alternative verdicts in Scotland)—
a in subsection (1), after “vehicle” insert “, or the riding of a cycle,”;
b in subsection (1A) omit “and” after paragraph (b) and after paragraph (c) insert—
9 In section 24 (alternative verdicts: general)—
a in subsection (A1)(a) after “vehicle” insert “, or the riding of a cycle,”;
b in subsection (A2) omit “and” after paragraph (c) and after that paragraph insert—
;
c in subsection (1), in the Table, after the entry relating to section 5A(1)(a) and (2) of the Road Traffic Act 1988 insert—
;
d in subsection (1), in the Table, after the entry relating to section 28 of the Road Traffic Act 1988 insert—
.
10 The table in Part 1 of Schedule 2 (prosecution and punishment of offences) is amended as follows.
11 After the entry relating to “RTA section 27” insert in columns 1 to 4—
12 After the entry relating to “RTA section 28” insert in columns 1 to 4—
13 The following provisions are amended as follows—
a in Schedule 15 to the Criminal Justice Act 2003 (specified offences for purposes of sections 244ZA and 325), in Part 1 (specified violent offences), after paragraph 49 insert—
;
b in Schedule 18B to the Criminal Justice Act 2003 (offences relevant to public protection decisions), in Part 2 (statutory offences), in paragraph 34 after paragraph (c) insert—
;
c in Schedule 18 to the Sentencing Code (specified offences for purposes of section 306), in Part 1 (specified violent offences), in paragraph 18 after paragraph (c) insert—

142 Domestic abuse protection orders

1 The Domestic Abuse Act 2021 is amended as follows.
2 In section 35 (provision that may be made by orders), after subsection (5) insert—
3 In section 36 (further provision about requirements that may be imposed by orders), omit subsections (2) to (7).
4 In section 44 (variation and discharge of orders), after subsection (3) insert—

143 Guidance about honour-based abuse

1 The Secretary of State may issue guidance about honour-based abuse to such public authorities as the Secretary of State considers appropriate.
2 Guidance under this section may include guidance about—
a the prevention of honour-based abuse;
b the identification of honour-based abuse;
c the collection and sharing of information about honour-based abuse;
d how public authorities should work together in relation to honour-based abuse.
3 Before issuing guidance under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate.
4 A public authority to which guidance under this section is given must have regard to the guidance when exercising its public functions.
5 The Secretary of State must publish the guidance.
6 The Secretary of State may revise the guidance.
7 Subsections (3) to (6) apply to any revised guidance, except that subsection (3) does not apply if the Secretary of State considers that the revisions are not substantial.
8 In this section “public authority” means a person exercising public functions, other than a court or tribunal.

144 Meaning of “honour-based abuse”

1 For the purposes of section 143 “honour-based abuse” occurs where—
a a person (“A”) engages in abusive behaviour towards another person (“B”) who is a member of A’s family or is a relevant connection of A, and
b A is motivated wholly or partly by A’s perception that B has behaved, is behaving or may behave in a way which—
i shames or dishonours A, B, A’s family, B’s family or A’s community, and
ii does not comply with the accepted norms of behaviour in A’s community.
2 The reference to A engaging in abusive behaviour towards B includes A causing another person to engage in abusive behaviour towards B.
3 A person’s behaviour may be behaviour “towards” B despite the fact that it consists of conduct directed at another person (for example, B’s child).
4 Behaviour is “abusive” if it consists of—
a physical or sexual abuse,
b violent or threatening behaviour,
c controlling or coercive behaviour,
d economic abuse (see subsection (5)),
e spiritual abuse,
f psychological or emotional abuse, or
g other abuse,
and it does not matter whether the behaviour consists of a single incident or a course of conduct.
5 “Economic abuse” means any behaviour that has a substantial adverse effect on B’s ability to—
a acquire, use or maintain money or other property, or
b obtain goods or services.
6 A person is a member of another person’s family if any of the following applies—
a they are relatives,
b they are, or have been, married to each other,
c they are, or have been, civil partners of each other,
d they have agreed to marry one another (whether or not the agreement has been terminated),
e they have entered into a civil partnership agreement (whether or not the agreement has been terminated),
f they are, or have been, in an intimate relationship with each other, or
g they each have, or there has been a time when they each have had, a parental relationship in relation to the same child,
(and references to a person’s family are to be read accordingly).
7 A person is a relevant connection of another person if they are friends or acquaintances who are known to each other in person.
8 For the purposes of subsection (6)(g) a person has a parental relationship in relation to a child if—
a the person is a parent of the child, or
b the person has parental responsibility for the child.
9 In this section—
  • “child” means a person under the age of 18 years;
  • “civil partnership agreement” has the meaning given by section 73 of the Civil Partnership Act 2004;
  • “parental responsibility” has the same meaning as in the Children Act 1989 (see section 3 of that Act);
  • “relative” has the meaning given by section 63(1) of the Family Law Act 1996.

Part 8 Offences relating to racial and other hostility

145 Aggravated offences

1 The Crime and Disorder Act 1998 is amended as follows.
2 For section 28 substitute—
3 In the italic heading before section 28, for “Racially or religiously aggravated offences” substitute “Offences aggravated by racial or other hostility”.
4 In section 29 (aggravated assaults)—
a in the heading for “Racially or religiously aggravated” substitute “Aggravated”;
b in subsection (1) for “racially or religiously aggravated for the purposes of this section” substitute “aggravated (see section 28(1) and (2))”.
5 In section 30 (aggravated criminal damage)—
a in the heading for “Racially or religiously aggravated” substitute “Aggravated”;
b in subsection (1) for “racially or religiously aggravated for the purposes of this section” substitute “aggravated (see section 28(1) and (2))”;
c in subsection (3) for “28(1)(a)” substitute “28(3)(a) and (4)(a)”.
6 In section 31 (aggravated public order offences)—
a in the heading for “Racially or religiously aggravated” substitute “Aggravated”;
b in subsection (1) for “racially or religiously aggravated for the purposes of this section” substitute “aggravated (see section 28(1) and (2))”;
c in subsection (7) for “28(1)(a)” substitute “28(3)(a) and (4)(a)”.
7 In section 32 (aggravated harassment)—
a in the heading for “Racially or religiously aggravated” substitute “Aggravated”;
b in subsection (1) for “racially or religiously aggravated for the purposes of this section” substitute “aggravated (see section 28(1) and (2))”.
8 In section 66 of the Sentencing Code (hostility as aggravating factor in sentencing)—
a in subsection (1), after “subsection (3)” insert “and subsection (3A)”;
b after subsection (3) insert—
9 In the Armed Forces Act 2006, for sections 240 and 241 substitute—

146 Threatening, abusive or insulting behaviour towards emergency workers

1 A person (“D”) commits an offence if conditions 1 to 4 are met.
2 Condition 1 is that D—
a uses towards an emergency worker (“E”) threatening, abusive or insulting words or behaviour, or
b displays or gives to E any writing, sign or other visible representation which is threatening, abusive or insulting.
3 In this section “D’s relevant conduct” means the conduct of D that meets condition 1.
4 Condition 2 is that D—
a intends the words or behaviour, or the writing, sign or other visible representation, to be threatening, abusive or insulting, or
b is aware that they may be threatening, abusive or insulting.
5 Condition 3 is that D’s relevant conduct is hostile towards E, within the meaning of section 148(3).
6 Condition 4 is that D’s relevant conduct—
a is engaged in by D with intent to make E believe, or is likely to make E believe, that immediate unlawful violence will be used against E by D,
b is engaged in by D with intent to provoke, or is likely to provoke, the immediate use of unlawful violence against E by another person, or
c is engaged in by D with intent to cause E harassment, alarm or distress, and causes E harassment, alarm or distress.
7 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 the 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).

147 Threatening or abusive behaviour likely to harass, alarm or distress emergency workers

1 A person (“D”) commits an offence if conditions 1 to 3 are met.
2 Condition 1 is that D—
a uses threatening or abusive words or behaviour, or
b displays any writing, sign or other visible representation which is threatening or abusive,
within the hearing or sight of an emergency worker (“E”) likely to be caused harassment, alarm or distress by D’s conduct.
3 In this section “D’s relevant conduct” means the conduct of D that meets condition 1.
4 Condition 2 is that D—
a intends the words or behaviour, or the writing, sign or other visible representation, to be threatening or abusive, or
b is aware that they may be threatening or abusive.
5 Condition 3 is that D’s relevant conduct is hostile towards E, within the meaning of section 148(3).
6 It is a defence for D to show that—
a D had no reason to believe that there was an emergency worker within hearing or sight who was likely to be caused harassment, alarm or distress, or
b D’s conduct was reasonable.
7 D is to be taken to have shown a matter if—
a sufficient evidence of the matter is adduced to raise an issue with respect to it, and
b the contrary is not proved beyond reasonable doubt.
8 A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

148 Interpretation of sections 146 and 147

1 This section applies for the interpretation of sections 146 and 147.
2 “Emergency worker” means an emergency worker, within the meaning of section 3 of the Assaults on Emergency Workers (Offences) Act 2018, acting in their capacity as such.
3 The conduct of a person (“D”) is hostile towards another person (“E”) if—
a at the time of that conduct, or immediately before or after that time, D demonstrates towards E hostility based on—
i E’s membership (or presumed membership) of a racial group,
ii E’s membership (or presumed membership) of a religious group,
iii a disability (or presumed disability) of E,
iv the sexual orientation (or presumed sexual orientation) of E,
v E being (or being presumed to be) transgender, or
vi the sex (or presumed sex) of E, or
b D’s conduct is motivated (wholly or partly) by—
i hostility towards members of a racial group based on their membership of that group,
ii hostility towards members of a religious group based on their membership of that group,
iii hostility towards persons who have a disability or a particular disability,
iv hostility towards persons who are of a particular sexual orientation,
v hostility towards persons who are transgender, or
vi hostility towards persons who are of a particular sex.
4 It is immaterial whether D’s hostility is also based, to any extent, on any other factor not mentioned in subsection (3).
5 In subsection (3)—
a references to a racial group are to a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins;
b references to a religious group are to a group of persons defined by reference to religious belief or lack of religious belief;
c “membership”, in relation to a racial or religious group, includes association with members of that group;
d “disability” means any physical or mental impairment;
e references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment;
f “presumed” means presumed by D.
6 A person whose awareness is impaired by intoxication is to be treated as aware of anything they would be aware of if not intoxicated, unless they show that their intoxication—
a was not self-induced, or
b was caused solely by the taking or administration of a substance in the course of medical treatment.
7 In subsection (6) “intoxication” means any intoxication, whether caused by drink, drugs or other means, or by a combination of means.

Part 9 Prevention of theft and fraud

Electronic devices for use in vehicle offences

149 Electronic devices for use in vehicle offences

1 It is an offence to possess an electronic device in circumstances which give rise to a reasonable suspicion that the device will be used in connection with a relevant offence.
2 It is an offence to import, make, adapt, supply or offer to supply an electronic device in circumstances which give rise to a reasonable suspicion that the device will be used in connection with a relevant offence.
3 It is a defence for a person charged with an offence under this section to show that the person did not intend or suspect that the device would be used in connection with a relevant offence.
4 In proceedings for an offence under this section, if it is proved that an electronic device—
a was on any premises at the same time as the accused, or
b was on premises of which the accused was the occupier or which the accused habitually used otherwise than as a member of the public,
the court may assume that the accused possessed the electronic device, unless the accused shows that they did not know of its presence on the premises or that they had no control over it.
5 In this section “relevant offence” means—
a in England and Wales—
i an offence under section 1 of the Theft Act 1968 of theft of a conveyance (as defined by section 12 of that Act) or anything in a conveyance, or
ii an offence under section 12 of that Act (taking vehicle or other conveyance without authority);
b in Scotland—
i theft of a vehicle, vessel or aircraft constructed or adapted for use for transporting one or more persons or of anything in such a vehicle, vessel or aircraft, or
ii an offence under section 178 of the Road Traffic Act 1988 (taking motor vehicle without authority);
c in Northern Ireland—
i an offence under section 1 of the Theft Act (Northern Ireland) 1969 of theft of a conveyance (as defined by section 12 of that Act) or anything in a conveyance, or
ii an offence under section 12 of that Act (taking vehicle or other conveyance without authority).
6 A person who commits an offence under this section is liable—
a on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
b on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
c on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
d on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

150 Section 149: evidential burdens and lifestyle offences

1 Subsection (2) applies where—
a in accordance with section 149(3), it is a defence for a person charged with an offence to show a particular matter, or
b in accordance with section 149(4), a court may make an assumption in relation to a person charged with an offence unless the person shows a particular matter.
2 A person is regarded as having shown the matter if—
a sufficient evidence of the matter is adduced to raise an issue with respect to it, and
b the contrary is not proved beyond reasonable doubt.
3 In the Proceeds of Crime Act 2002—
a in Schedule 2 (lifestyle offences: England and Wales), in paragraph 9B (inserted by the Border Security, Asylum and Immigration Act 2025)—
i in the heading, at the end insert “or vehicle offences”;
ii the existing provision becomes sub-paragraph (1) of that paragraph;
iii after that sub-paragraph insert—
;
b in Schedule 4 (lifestyle offences: Scotland), in paragraph 9G (inserted by the Border Security, Asylum and Immigration Act 2025)—
i in the heading, at the end insert “or vehicle offences”;
ii the existing provision becomes sub-paragraph (1) of that paragraph;
iii after that sub-paragraph insert—
;
c in Schedule 5 (lifestyle offences: Northern Ireland), in paragraph 9B (inserted by the Border Security, Asylum and Immigration Act 2025)—
i in the heading, at the end insert “or vehicle offences”;
ii the existing provision becomes sub-paragraph (1) of that paragraph;
iii after that sub-paragraph insert—

SIM farms

151 Possession of a SIM farm

1 A person who possesses a SIM farm commits an offence. For the meaning of “SIM farm”, see section 153.
2 It is a defence for a person charged with an offence under this section to prove that the person had a good reason or lawful authority for possessing the SIM farm.
3 In subsection (2) the reference to a good reason for possessing a SIM farm includes in particular possessing it for a purpose connected with—
a providing broadcasting services,
b operating or maintaining a public transport service,
c operating or maintaining an electronic communications network (as defined by section 32 of the Communications Act 2003), or
d tracking freight or monitoring it in any other way.
This subsection does not limit subsection (2).
4 For the purposes of subsection (2), where a person possesses a SIM farm in order to supply it to another, the person has a good reason for possessing it only if any supply would be in accordance with section 152(2)(a) to (c).
5 A person who commits an offence under this section is liable—
a on summary conviction in England and Wales, to a fine;
b on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

152 Supply of a SIM farm

1 A person who supplies a SIM farm to another person commits an offence.
2 It is a defence for a person charged with an offence under this section (“the supplier”) to prove—
a that—
i the supply was made in the course of a business carried on by the supplier, or
ii the supplier had a good reason or lawful authority for possessing the SIM farm (before the supply was made),
b that, before the supply was made, the supplier took reasonable steps to satisfy themselves that the person to whom the SIM farm was to be supplied would have a good reason or lawful authority for possessing it, and
c that, before the supply was made, the supplier made a record of the specified information relating to the supply.
3 In subsection (2)(a)(ii) the reference to a good reason or lawful authority for possessing the SIM farm does not include possessing it for the purpose of supplying it to another.
4 In subsection (2)(c) “the specified information” relating to the supply of a SIM farm to a person (“the recipient”) means—
a the date of the supply;
b a description of the SIM farm;
c the name of the recipient and, where the recipient is not an individual, any company number or other registered number;
d the address of the recipient and, where the recipient is not an individual, the address of any registered office;
e a description of the steps taken by the supplier to satisfy themselves that the recipient would have a good reason or lawful authority for possessing the SIM farm.
5 A person who commits an offence under this section is liable—
a on summary conviction in England and Wales, to a fine;
b on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

153 Sections 151 and 152: meaning of “SIM farm” etc

1 In sections 151 and 152, “SIM farm” means—
a a device which is capable of using five or more SIM cards simultaneously or interchangeably, for a purpose mentioned in subsection (2), or
b an article specified in regulations made by the Secretary of State.
2 The purposes are—
a making telephone calls to persons at telephone numbers allocated in accordance with national or international numbering plans, or
b sending messages to, or receiving messages from, such telephone numbers.
3 “SIM card” means—
a a removable physical subscriber identity module, or
b an article specified in regulations made by the Secretary of State.
4 A SIM card is “used” for the purpose of making a telephone call, or sending or receiving a message, if the SIM card enables the service by which the call or message is conveyed to be accessed.
5 Regulations under subsection (1) may specify only articles which the Secretary of State considers are capable of being used for a purpose mentioned in subsection (2) in a way which is a similar to a device within subsection (1)(a).
6 Regulations under subsection (3) may specify only articles which the Secretary of State considers have a similar function to removable physical subscriber identity modules.
7 “Article” includes information in electronic form.
8 Before making regulations under this section, the Secretary of State must consult such persons appearing to the Secretary of State to be likely to be affected by the regulations as the Secretary of State considers appropriate.
9 Schedule 16 confers powers of entry etc in relation to offences under sections 151 and 152 and related inchoate offences.

Other devices or software

154 Possession of specified article

1 A person who possesses a specified article commits an offence. “Specified article” means an article specified in regulations under section 156.
2 It is a defence for a person charged with an offence under this section to prove that the person had a good reason or lawful authority for possessing the specified article.
3 For the purposes of subsection (2), where a person possesses a specified article in order to supply it to another, the person has a good reason for possessing it only if any supply would be in accordance with section 155(2)(a) to (c).
4 A person who commits an offence under this section is liable—
a on summary conviction in England and Wales, to a fine;
b on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

155 Supply of specified article

1 A person who supplies a specified article to another person commits an offence. “Specified article” means an article specified in regulations under section 156.
2 It is a defence for a person charged with an offence under this section (“the supplier”) to prove—
a that—
i the supply was made in the course of a business carried on by the supplier, or
ii the supplier had a good reason or lawful authority for possessing the specified article (before the supply was made),
b that, before the supply was made, the supplier took reasonable steps to satisfy themselves that the person to whom the specified article was to be supplied would have a good reason or lawful authority for possessing it, and
c that, before the supply was made, the supplier made a record of the specified information relating to the supply.
3 In subsection (2)(a)(ii) the reference to a good reason or lawful authority for possessing the specified article does not include possessing it for the purpose of supplying it to another.
4 In subsection (2)(c) “the specified information” relating to the supply of a specified article to a person (“the recipient”) means—
a the date of the supply;
b a description of the specified article;
c the name of the recipient and, where the recipient is not an individual, any company number or other registered number;
d the address of the recipient and, where the recipient is not an individual, the address of any registered office;
e a description of the steps taken by the supplier to satisfy themselves that the recipient would have a good reason or lawful authority for possessing the specified article.
5 A person who commits an offence under this section is liable—
a on summary conviction in England and Wales, to a fine;
b on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

156 Sections 154 and 155: specified articles and supplementary provision

1 The Secretary of State may by regulations specify articles for the purposes of sections 154 and 155.
2 An article may be specified only if the Secretary of State considers that it is made or adapted for use in perpetrating fraud by means of—
a an electronic communications network, or
b an electronic communications service.
3 Before making regulations under this section, the Secretary of State must consult such persons appearing to the Secretary of State to be likely to be affected by the regulations as the Secretary of State considers appropriate.
4 Schedule 16 confers powers of entry etc in relation to offences under sections 154 and 155 and related inchoate offences.
5 In this section—
  • “article” includes information in electronic form;
  • “electronic communications network” and “electronic communications service” have the meaning given by section 32 of the Communications Act 2003.

Part 10 Public order

Chapter 1 New offences relating to protests and assemblies

157 Offence of concealing identity at protests

1 A person commits an offence if the person is—
a in a public place that is in a locality designated under section 158, and
b wearing or otherwise using an item that conceals their identity or another person’s identity.
2 It is a defence for a person charged with an offence under this section to prove that they wore or otherwise used the item for—
a a purpose relating to the health of the person or others,
b the purposes of religious observance, or
c a purpose relating to the person’s work.
3 Where the conduct described in subsection (1) takes place during the initial period specified under section 158(1), a person commits the offence under this section only if section 158(2) has been complied with in relation to the designation.
4 Where the conduct described in subsection (1) takes place during a further period directed under section 158(3), a person commits the offence under this section only if section 158(4) has been complied with in relation to the designation.
5 A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding one month or a fine not exceeding level 3 on the standard scale (or both).

158 Concealing identity at protests: designating localities and giving notice

1 A constable whose rank is at least that of inspector may designate a locality in England or Wales that is in their police area for a specified period not exceeding 24 hours if they reasonably believe that—
a a public assembly, or public procession, which constitutes a protest may take place or is taking place in the locality,
b the protest is likely to involve or has involved the commission of offences, and
c it is expedient, in order to prevent or limit the commission of offences, to designate the locality under this section.
2 A constable who designates a locality under this section must ensure that all reasonable steps are taken (by the constable or another person) to notify the public of—
a the fact that the designation has been made,
b the nature of the offence created by section 157,
c the locality to which the designation applies, and
d the period during which the designation will be in force.
3 A constable whose rank is at least that of superintendent may direct that a designation under this section is to continue in force for a further 24 hours if it appears expedient to do so, having regard to offences which—
a have been committed in connection with the protest in respect of which the designation was made, or
b are reasonably suspected to have been so committed.
4 A constable who directs that a designation under this section is to continue in force must ensure that all reasonable steps are taken (by the constable or another person) to notify the public of—
a the fact that the designation will continue in force, and
b the matters set out in paragraphs (b), (c) and (d) of subsection (2).
5 The reference to a “police area” in subsection (1), so far as it relates to a designation of a locality by—
a a member of the British Transport Police Force, has effect as if that reference were a reference to a place within section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003;
b a member of the Ministry of Defence Police, has effect as if that reference were a reference to a place to which section 2(2) of the Ministry of Defence Police Act 1987 applies.
6 This section does not limit any other power of a constable; and, in particular, it does not affect when an authorisation under section 60AA of the Criminal Justice and Public Order Act 1994 (powers to require removal of disguises) may be given.

159 Concealing identity at protests: procedure for designations etc

1 A constable—
a whose rank is that of inspector, and
b who designates a locality under section 158,
must ensure that a constable whose rank is at least that of superintendent is informed (by the inspector or another person) of the designation as soon as reasonably practicable.
2 A designation under section 158—
a must be in writing and signed by the constable who made it, and
b must specify—
i the grounds on which it is made,
ii the locality to which it applies, and
iii the period during which it will be in force.
3 Where it is not reasonably practicable for a designation under section 158 to be made in writing, an oral designation may be made instead provided—
a the constable making it states the matters which would otherwise have to be specified under subsection (2), and
b the designation is recorded in writing as soon as reasonably practicable.
4 A direction under section 158(3) must be given in writing or, where that is not reasonably practicable, recorded in writing as soon as reasonably practicable.

160 Possession of pyrotechnic articles at protests

1 It is an offence for a person to have a pyrotechnic article in their possession at any time when they are taking part in—
a a public procession which constitutes a protest,
b a public assembly which constitutes a protest, or
c a one-person protest.
2 But no offence is committed if the person is taking part in a cultural or religious event of a kind at which pyrotechnic articles are customarily used.
3 It is a defence for a person charged with an offence under this section to show that they had a reasonable excuse for having the pyrotechnic article in their possession at the material time.
4 In particular, it is a defence for a person charged with an offence under this section to show that they had the pyrotechnic article in their possession at the material time for use in connection with work.
5 A person is taken to have shown the fact mentioned in subsection (3) or (4) if—
a sufficient evidence of the fact is adduced to raise an issue with respect to it, and
b the contrary is not proved beyond reasonable doubt.
6 A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
7 In this section “pyrotechnic article” means an article that contains explosive substances, or an explosive mixture of substances, designed to produce heat, light, sound, gas or smoke, or a combination of such effects, through self-sustained exothermic chemical reactions, other than—
a a match, or
b an article specified, or of a description specified, in regulations made by the Secretary of State.

161 Climbing on memorials

1 A person who climbs on a specified memorial commits an offence.
2 It is a defence for a person charged with an offence under this section to prove that they—
a had a good reason for climbing on the specified memorial,
b were the owner or occupier of the specified memorial, or
c had the consent of the owner or occupier of the specified memorial, or other lawful authority, to climb on it.
3 In this section “specified memorial” means—
a a war memorial specified in Part 1 of Schedule 17,
b a part of a war memorial specified in Part 2 of Schedule 17, or
c a memorial or a part of a memorial specified in Part 3 of Schedule 17.
4 The Secretary of State may by regulations amend Schedule 17.
5 The Secretary of State may make regulations adding a memorial, or a part of a memorial, to Schedule 17 only if the Secretary of State considers that there is a significant public interest in it being a specified memorial for the purposes of this section.
6 A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 3 on the standard scale (or both).
7 In this section “memorial” means a building or other structure, or any other thing, erected or installed on land (or in or on any building or other structure on land) which has a commemorative purpose.
8 Something has a commemorative purpose if at least one of its purposes is to commemorate—
a one or more individuals or animals, or a description of individuals or animals (whether living or dead and whether or not capable of being identified), or
b an event or series of events (such as an armed conflict).
9 In subsection (7) references to a building or structure include part of a building or structure.

162 Protests outside public office-holder’s home

1 A person (“P”) commits an offence if—
a P (alone or with other persons) carries on a protest outside, or in the vicinity of, premises that are used by a public office-holder as a dwelling,
b P carries on the protest for the purpose of representing to, or persuading, the public office-holder that they—
i should or should not do something, or
ii should or should not have done something, and
c P carries on the protest because of, or in connection with, the public officer-holder being a public officer-holder.
2 Subsection (1) does not apply to premises that are an official residence.
3 It is a defence for a person charged with an offence under this section to show that they did not know the premises were used by the public office-holder as a dwelling.
4 A person is to be taken to have shown the matter referred to in subsection (3) if—
a sufficient evidence is adduced to raise an issue with respect to it, and
b the contrary is not proved beyond reasonable doubt.
5 A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine not exceeding level 4 on the standard scale (or both).
6 In subsection (5) “the maximum term for summary offences” means—
a if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months;
b if the offence is committed after that time, 51 weeks.
7 The following definitions apply for the purposes of this section.
8 “Public office-holder” means—
a a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975);
b any of the Welsh Ministers;
c any of the Deputy Welsh Ministers (within the meaning of the Government of Wales Act 2006);
d the Counsel General to the Welsh Government;
e a member of the House of Lords;
f a member of the House of Commons;
g a member of Senedd Cymru;
h a member of a local authority;
i an elected mayor of a local authority within the meaning given by section 9H (elected mayors: England) or section 39(4) (elected mayors: Wales) of the Local Government Act 2000;
j a mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
k a mayor for the area of a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
l the Mayor of London or an elected member of the London Assembly;
m a police and crime commissioner;
n a candidate at an election for an office mentioned in any of paragraphs (f) to (m).
9 “Local authority” means—
a in England—
i a county council;
ii a district council;
iii a London borough council;
iv a parish council;
v the Common Council of the City of London;
vi the Council of the Isles of Scilly;
b in Wales—
i a county council;
ii a county borough council;
iii a community council.
10 “Dwelling” has the meaning given by section 8 of the Public Order Act 1986.
11 “Official residence” means—
a 10, 11 and 12 Downing Street, London;
b Admiralty House, Whitehall, London;
c 1 Carlton Gardens, London;
d the Palace of Westminster, London;
e Chequers, Missenden Road, Aylesbury, Buckinghamshire;
f Dorneywood, Dorneywood Road, Burnham, Buckinghamshire;
g Chevening House, Chevening, Sevenoaks, Kent.

163 Interpretation of Chapter

In this Chapter—
  • “one-person protest” has the meaning given by section 14ZA(4) of the Public Order Act 1986;
  • “public assembly” has the meaning given by section 16 of that Act;
  • “public place” has the meaning given by that section;
  • “public procession” has the meaning given by that section.

Chapter 2 Police powers

164 Places of worship: restriction on protests

1 The Public Order Act 1986 is amended as follows.
2 In section 12(1) (imposing conditions on public processions)—
a at the end of paragraph (ab) omit “or”;
b at the end of paragraph (b) insert
.
3 In section 14(1) (imposing conditions on public assemblies)—
a at the end of paragraph (ab) omit “or”;
b at the end of paragraph (b) insert
4 In section 14ZA(1) (imposing conditions on one-person protests)—
a at the end of paragraph (a) omit “or”;
b at the end of paragraph (b) insert

165 Public processions and assemblies: duty to take account of cumulative disruption

1 The Public Order Act 1986 is amended as follows.
2 In section 12 (power to impose conditions on public processions), after subsection (2B) insert—
3 In section 14 (power to impose conditions on public assemblies) after subsection (2B) insert—

166 Powers of senior officers to impose conditions on protests

1 The Public Order Act 1986 is amended as follows.
2 In section 12 (imposing conditions on public processions)—
a in subsection (1), for “the”, in the first place it occurs, substitute “a”;
b in subsection (2)—
i in the words before paragraph (a) omit “the”;
ii in paragraph (a) for the words from “, the most” to the end substitute
.
3 In section 14 (imposing conditions on public assemblies)—
a in subsection (1), for “the”, in the first place it occurs, substitute “a”;
b in subsection (2)—
i in the words before paragraph (a) omit “the”;
ii in paragraph (a) for the words from “, the most” to the end substitute
;
c in subsection (2ZB), for “reference in subsection (2)(b) to a chief officer of police includes”, substitute “references in subsection (2) to a chief officer of police include”.

167 Amendments relating to British Transport Police and Ministry of Defence Police

1 The Public Order Act 1986 is amended in accordance with subsections (2) and (3).
2 In section 14A(9) (prohibiting trespassory assemblies), in the definition of “land”, after ““land”” insert “, except in subsections (4A) to (4C) of this section,”.
3 In section 16 (interpretation), in the definition of “public assembly”, for the words from “wholly” to the end substitute
.
4 The Criminal Justice and Public Order Act 1994 is amended in accordance with subsections (5) and (6).
5 In section 60 (powers to stop and search in anticipation of or after violence), after subsection (9A) insert—
6 In section 60AA (powers to require removal of disguises)—
a for subsection (8) substitute—
;
b in subsection (9) omit “and “policed premises” each”.

168 Return to unauthorised encampments: prohibited period

1 The Criminal Justice and Public Order Act 1994 is amended as follows.
2 In section 60C(3) (offence relating to residing on land without consent in or with a vehicle) for “12” substitute “three”.
3 In section 61 (power to remove trespassers on land)—
a in subsection (4)(b) for “prohibited period” substitute “period of three months beginning with the day on which the direction was given”;
b omit subsection (4ZA).
4 In section 62 (supplementary powers of seizure)—
a in subsection (1)(b) for “prohibited period” substitute “period of three months beginning with the day on which the direction was given”;
b omit subsection (1A).
5 In section 62B(2) (failure to comply with direction under section 62A: offences) for “twelve” substitute “three”.
6 In section 62C(2) (failure to comply with direction under section 62A: seizure) for “twelve” substitute “three”.

169 Harassment of a person in their home

1 The Criminal Justice and Police Act 2001 is amended as follows.
2 In section 42 (police directions stopping harassment etc of a person in their home), in subsection (1)(b)—
a omit the “or” at the end of sub-paragraph (i);
b after sub-paragraph (ii) insert—
.
3 In section 42A (offence of harassment etc of a person in their home), in subsection (1)(b)—
a omit the “or” at the end of sub-paragraph (i);
b after sub-paragraph (ii) insert—
.

Part 11 Powers of police etc

Power to suspend IP addresses etc

170 Suspension of internet protocol addresses and internet domain names

Schedule 18 makes provision about IP address suspension orders and domain name suspension orders.

Powers in respect of stolen goods

171 Electronically tracked stolen goods: search without warrant

1 In the Theft Act 1968, in the heading of section 26 after “goods” insert “with warrant”.
2 In the Theft Act 1968, after section 26 insert—
3 In Schedule 1 to the Criminal Justice and Police Act 2001 (seizure powers to which certain provisions apply), in each of paragraphs 10 and 92—
a for “power” substitute “powers”;
b for “section 26(3)” substitute “sections 26(3) and 26B”.

172 Electronically tracked stolen goods: search without warrant (armed forces)

In the Armed Forces Act 2006, after section 93ZA insert—

Extraction of online information etc

173 Extraction of online information following seizure of electronic devices

1 Where an electronic device has been lawfully seized, a senior officer may authorise an enforcement officer to extract information accessible by means of one or more online accounts which were accessed by means of the device before it was seized.
2 A senior officer may give an authorisation under subsection (1) only if satisfied that there are reasonable grounds to believe that—
a the information mentioned in subsection (1) includes information that is relevant to a reasonable line of enquiry which is being, or is to be pursued, by an enforcement officer for one or more relevant purposes, and
b it is not reasonably practicable to obtain that information by other means.
3 The power conferred by virtue of subsection (1) may be exercised only to extract information—
a which was accessible by means of the online accounts at the time the device was seized, and
b which the person exercising the power considers necessary and proportionate to extract for the purpose of obtaining information which is relevant as mentioned in subsection (2)(a).
4 An authorisation under subsection (1) also confers powers to—
a access an online account of the kind mentioned in that subsection, and
b examine any information accessible by means of such an account.
5 The power conferred by virtue of subsection (4)(b) may be exercised only to the extent that the person exercising the power considers necessary and proportionate for the purpose of determining whether information may be extracted under the authorisation.
6 A person who is given an authorisation under subsection (1) may arrange for a person to exercise the powers conferred by the authorisation on their behalf.
7 For the purposes of this section, each of the following are “relevant purposes”—
a in every case, the purpose of preventing, detecting, investigating or prosecuting crime;
b in a case where the device mentioned in subsection (1) was seized under section 43E of the Terrorism Act 2000, the purpose of protecting the public from the risk of terrorism;
c in a case where the device was seized under Schedule 5 to the Terrorism Prevention and Investigation Measures Act 2011, a purpose connected with—
i protecting members of the public from a risk of terrorism, or
ii preventing or restricting an individual’s involvement in terrorism-related activity;
d in a case where the device was seized under Schedule 11 to the National Security Act 2023, a purpose connected with—
i protecting the United Kingdom from the risk of acts or threats within section 33(3) of that Act, or
ii preventing or restricting an individual’s involvement in foreign power threat activity.
8 In this Act, “online account” means an account by means of which information held on a service provided by means of the internet is made accessible.
9 References in this Act to the extraction of information include its reproduction in any form.

174 Section 173: supplementary

1 An authorisation under section 173 may be given—
a orally or in writing;
b subject to specified conditions.
2 An authorisation under section 173 must specify each of the online accounts in respect of which it is given.
3 As soon as reasonably practicable after giving an authorisation under section 173, a senior officer must record in writing—
a if the authorisation was given orally, the authorisation (including any conditions to which it is subject), and
b in any case, the senior officer’s reasons for being satisfied as mentioned in section 173(2).
4 Any information which has been extracted under an authorisation under section 173 may be retained for so long as is necessary in all the circumstances; but this is subject to section 176.
5 Section 173 does not limit any other power relating to the extraction of information or otherwise.

175 Section 173: interpretation

1 In section 173—
a “enforcement officer” means a person listed in the first column of the following table, and
b “senior officer”, in respect of an enforcement officer, means a person listed in the corresponding entry in the second column of the table.
Enforcement officerSenior officer
a constable of a police force in England and Walesa constable of at least the rank of inspector
a constable within the meaning of Part 1 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) (see section 99 of that Act)a constable of at least the rank of inspector
a police officer within the meaning of the Police (Northern Ireland) Act 2000 (see section 77(1) of that Act)a police officer of at least the rank of inspector
an officer appointed by the Police Ombudsman for Northern Ireland under section 56(1) or (1A) of the Police (Northern Ireland) Act 1998an officer of at least the rank of inspector
a member of a civilian police staffa constable of at least the rank of inspector
a constable of the British Transport Police Forcea constable of at least the rank of inspector
a constable of the Ministry of Defence policea constable of at least the rank of inspector
a member of the Royal Navy Police or any other person who is under the direction and control of the Provost Marshal of the Royal Navy Policea member of the Royal Navy Police of at least the rank of lieutenant
a member of the Royal Military Police or any other person who is under the direction and control of the Provost Marshal of the Royal Military Policea member of the Royal Military Police of at least the rank of captain
a member of the Royal Air Force Police or any other person who is under the direction and control of the Provost Marshal of the Royal Air Force Policea member of the Royal Air Force Police of at least the rank of flight lieutenant
a member of the tri-service serious crime unit described in section 375(1A) of the Armed Forces Act 2006 or any other person who is under the direction and control of the Provost Marshal for serious crimea member of the Royal Navy Police, Royal Military Police or Royal Air Force Police of at least the rank of lieutenant, captain or flight lieutenant
a National Crime Agency officera National Crime Agency officer of grade 3 or above
an officer of Revenue and Customsan officer of Revenue and Customs of at least the grade of higher officer
a member of the Serious Fraud Officea member of the Serious Fraud Office of grade 7 or above
a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971an immigration officer of at least the rank of chief immigration officer
an officer of the department of the Secretary of State for Business and Trade, so far as relating to the Insolvency Servicean officer of the department of the Secretary of State for Business and Trade, so far as relating to the Insolvency Service, of grade 7 or above
an officer of the department of the Secretary of State for Health and Social Care authorised to conduct investigations on behalf of the Secretary of Statean officer of the department of the Secretary of State for Health and Social Care authorised to conduct investigations on behalf of the Secretary of State of grade 7 or above
an officer of the NHS Counter Fraud Authorityan officer of the NHS Counter Fraud Authority of at least pay band 8b
2 The Secretary of State may by regulations amend the table in subsection (1)—
a so as to add a reference to a person,
b so as to remove a reference to a person, or
c so as to modify a description of a person mentioned in that table.
3 In section 173—
  • “crime” means—
    1. conduct which constitutes one or more criminal offences in any part of the United Kingdom, or
    2. conduct which, if it took place in any part of the United Kingdom, would constitute one or more criminal offences;
  • “criminal offence” includes—
    1. a service offence within the meaning of the Armed Forces Act 2006, and
    2. an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059);
  • “involvement in foreign power threat activity” has the same meaning as in Part 2 of the National Security Act 2023 (see section 62(1) of that Act);
  • “involvement in terrorism-related activity” has the same meaning as in the Terrorism Prevention and Investigation Measures Act 2011 (see section 4 of that Act);
  • “terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1(1) to (4) of that Act).
4 References in section 173 to an electronic device which has been lawfully seized include—
a a device possession of which has been taken under—
i section 448(3) of the Companies Act 1985;
ii section 2(5) of the Criminal Justice Act 1987;
b a device which has been produced in compliance with—
i a notice under section 2(3) of the Criminal Justice Act 1987;
ii a notice under section 197 of the National Health Service Act 2006.

176 Section 173: confidential information

1 This section applies where—
a information has been extracted under the power conferred by virtue of section 173(1), and
b it appears to any person accessing the information as a result of the exercise of that power that the information is, or contains, confidential information.
2 Subject to subsections (3) and (7), as soon as reasonably practicable after accessing the confidential information, the person must ensure that—
a the information is made inaccessible, or
b where the extraction involved a copy being made of the confidential information, the copy is destroyed.
3 The duty in subsection (2) does not apply if—
a the confidential information is comprised in other information which is not confidential information, and
b it is not reasonably practicable for the confidential information to be separated from that other information without prejudicing its use in relation to a reasonable line of enquiry of the kind mentioned in section 173(2)(a).
4 Where the duty in subsection (2) is so disapplied, the person accessing the confidential information must ensure that it is not—
a examined or copied, or
b put to any use other than as mentioned in subsection (3)(b).
5 In this section “confidential information” means information which constitutes or may constitute—
a confidential journalistic material within the meaning of the Investigatory Powers Act 2016 (see section 264(6) and (7) of that Act), or
b protected material.
6 In this section “protected material” means—
a so far as this section applies to England and Wales—
i items subject to legal privilege, within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act);
ii excluded material within the meaning of that Act (see section 11 of that Act);
iii special procedure material within the meaning of that Act (see section 14 of that Act);
b so far as this section applies to Scotland—
i items in respect of which a claim to confidentiality of communications could be maintained in legal proceedings;
ii other material of a kind mentioned in paragraph (a)(ii) or (iii) of this subsection;
c so far as this section applies to Northern Ireland—
i items subject to legal privilege within the meaning of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (see Article 12 of that Order);
ii excluded material within the meaning of that Order (see Article 13 of that Order);
iii special procedure material within the meaning of that Order (see Article 16 of that Order).
7 The Secretary of State may by regulations provide for circumstances in which the duty in subsection (2) does not apply in relation to protected material of the kind mentioned in subsection (6)(a)(ii) and (iii), (b)(ii), and (c)(ii) and (iii).

177 Section 173: code of practice

1 The Secretary of State must prepare a code of practice about—
a the exercise of the power to give an authorisation under section 173(1), and
b the exercise of the powers conferred by such an authorisation.
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 Investigatory Powers Commissioner,
c the Scottish Ministers,
d the Department of Justice in Northern Ireland, and
e 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 After the Secretary of State has complied with subsection (4), the Secretary of State may bring the code into force by regulations.
6 After the code has come into force the Secretary of State may from time to time revise it.
7 A person must have regard to the code of practice for the time being in force under this section in exercising, or deciding whether to exercise, the powers mentioned in subsection (1).
8 A failure on the part of a 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.

178 Extraction of online information: ports and border security

1 In Schedule 7 to the Terrorism Act 2000 (port and border controls), after paragraph 11A insert—
2 In Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border security), after paragraph 22 insert—

179 Extraction of online information following agreement etc

Schedule 19 amends Chapter 3 of Part 2 of the Police, Crime, Sentencing and Courts Act 2022 (extraction of information from electronic devices) in relation to the extraction of information accessible by means of online accounts.

180 Lawful interception of communications

1 The Investigatory Powers Act 2016 is amended as follows.
2 After section 48 insert—
3 In section 229 (main oversight functions), in subsection (4)(e)(i), after “47” insert “, 48A”.

Access to driver licensing information

181 Access to driver licensing information

1 The Criminal Justice and Court Services Act 2000 is amended as follows.
2 For section 71 substitute—
3 In section 76 (subordinate legislation), after subsection (5) insert—

Non-criminal hate incidents

182 Code of practice relating to non-criminal hate incidents

In the Police, Crime, Sentencing and Courts Act 2022, omit—
a sections 60 and 61 (code of practice about police processing of personal data relating to hate incidents), and
b the italic heading before section 60.

Drug testing in police detention

183 Testing of persons in police detention for presence of controlled drugs

1 The Police and Criminal Evidence Act 1984 is amended as set out in subsections (2) to (4) .
2 In section 63B (testing for presence of Class A drugs), for “Class A” (in each place it appears, including the heading) substitute “controlled”.
3 In section 63C (testing for presence of Class A drugs: supplementary)—
a in the heading, for “Class A” substitute “controlled”;
b for subsection (6) substitute—
4 After Schedule 2A insert the Schedule set out in Schedule 20 to this Act.
5 In Schedule 1 to the Bail Act 1976 (persons entitled to bail: supplementary provisions), in Part 1 (defendants accused or convicted of imprisonable offences), in paragraph 6B(1)(b)(i), for “Class A” substitute “controlled”.
6 In the Criminal Justice and Court Services Act 2000—
a in section 70 (interpretation, etc)—
i in subsection (1), omit the definition of “trigger offence”;
ii omit subsections (2) and (4);
b in section 76 (subordinate legislation), in subsection (5)(a), for “, 57(5) or 70(2)” substitute “or 57(5)”;
c omit Schedule 6 (trigger offences).

184 Assessment of misuse of controlled drugs

1 The Drugs Act 2005 is amended as follows.
2 In section 9 (initial assessment following testing for presence of Class A drugs), for “Class A” (in each place it appears, including the heading) substitute “controlled”.
3 In section 10 (follow-up assessment), in subsection (4), for “Class A” substitute “controlled”.
4 In section 16 (samples submitted for further analysis), in subsection (1)(b), for “Class A” substitute “controlled”.
5 In section 17 (relationship with the Bail Act 1976 etc)—
a for subsection (1) substitute—
;
b in subsection (5)—
i after “subsection (1)” insert “and (1A)”;
ii for “ceases to have effect” (in each place it appears) substitute “is modified by subsection (1A)”.
6 In section 19 (interpretation)—
a in subsection (2), after “drug”” insert “, “controlled drug””;
b for subsection (3) substitute—

185 Power to take additional sample

1 Section 63B of the Police and Criminal Evidence Act 1984 (testing for presence of drugs) is amended as follows.
2 In subsection (1), at the end insert—
3 In subsections (1A)(b) and (2)(b), for “sample to be taken” substitute “taking of samples in accordance with this section”.
4 Before subsection (5) insert—
5 In subsection (5)—
a in the words before paragraph (a), after “must” insert “, if no sample has been taken from the person under this section during the period of the person’s detention”;
b in paragraph (a), for “to do so” substitute “to give any sample which may be taken under this section”.
6 In subsection (5B)—
a in the words before paragraph (a), omit the words from “no” to “but”;
b in paragraph (a), for “that period” substitute “the same continuous period of detention”.

186 Removal of power to continue detention

1 The Police and Criminal Evidence Act 1984 is amended as follows.
2 In section 37 (duties of custody officer before charge) omit subsections (8A) and (8B).
3 In section 38 (duties of custody officer after charge)—
a in subsection (1)—
i in paragraph (a), omit sub-paragraph (iiia);
ii in paragraph (b), in sub-paragraph (i) omit the words from “(but” to “age)”;
b in subsection (2) omit the words from “but” to the end;
c in subsection (6A), omit the definition of “minimum age”.

187 Removal of notification conditions

1 In section 63B of the Police and Criminal Evidence Act 1984 (testing for presence of drugs)—
a in subsection (1) omit paragraph (c);
b omit subsections (4A) and (4B);
c in subsection (10), omit the definition of “relevant chief officer”.
2 In section 7 of the Drugs Act 2005 (testing for presence of Class A drugs), omit subsections (7), (13) and (14).
3 In section 9 of that Act (initial assessment)—
a in subsection (1)—
i at the end of paragraph (b) insert “and”;
ii after paragraph (c), for “, and” substitute “.”;
iii omit paragraph (d);
b omit subsections (5) to (7).
4 In section 10 of that Act (follow-up assessment)—
a in subsection (1)—
i at the end of paragraph (a) insert “and”;
ii after paragraph (b), for “, and” substitute “.”;
iii omit paragraph (c);
b omit subsections (6) to (8).

Conditional cautions

188 Cautions given to persons having limited leave to enter or remain in UK

1 In section 22(3G) of the Criminal Justice Act 2003 (conditional cautions: meaning of “relevant foreign offender”) before paragraph (a) insert—
.
2 In section 103(4) of the Police, Crime, Sentencing and Courts Act 2022 (diversionary cautions: meaning of “relevant foreign offender”) before paragraph (a) insert—
.

Part 12 Proceeds of crime and other property connected with criminal behaviour

189 Confiscation

1 Schedule 21 makes provision about confiscation orders in England and Wales.
2 Schedule 22 makes provision about confiscation orders in Northern Ireland.
3 Schedule 23 makes provision about confiscation orders in Scotland.

190 Proceedings for civil recovery: costs and expenses

1 After section 288 of the Proceeds of Crime Act 2002 insert—
2 The amendment made by subsection (1) does not apply in relation to costs or, in Scotland, expenses—
a of proceedings for a recovery order that are started before the day on which this section comes into force (“the commencement day”), or
b that are incurred in respect of a pre-commencement interim application.
3 A “pre-commencement interim application” means an application, made by the enforcement authority before the commencement day, for a property freezing order, an interim receiving order, a prohibitory property order or an interim administration order (including such an application made in relation to proceedings for a recovery order that are started on or after the commencement day).
4 Terms used in this section and in Chapter 2 of Part 5 of the Proceeds of Crime Act 2002 have the same meaning in this section as they have in that Chapter (see section 316 of that Act).

Part 13 Management of offenders

191 Extension of polygraph condition to certain offenders

1 Section 28 of the Offender Management Act 2007 (application of polygraph condition) is amended as follows.
2 In subsection (1), after “applies” insert “(see subsections (2), (2A) and (2B))”.
3 After subsection (2) insert—
4 In subsection (4A)—
a omit the “or” before paragraph (c);
b at the end of that paragraph insert
5 In subsection (4B), after paragraph (b) insert—
6 After subsection (4B) insert—
7 In subsection (4C) after “section” insert “(except subsections (4BA) to (4BC))”.
8 In subsection (4D) for “subsection (4C)” substitute “subsections (4BA) to (4C)”.

192 Duty of offender to notify details

1 The Sentencing Code is amended as follows.
2 After section 97 insert—
3 In section 193 (youth rehabilitation orders: duty of offender to keep in touch with responsible officer etc)—
a in subsection (2), for paragraph (b) substitute—
;
b after subsection (2) insert—
;
c in subsection (3), for “This obligation” substitute “An obligation under subsection (2)”;
d after that subsection insert—
4 In section 215 (community orders: duty of offender to keep in touch with responsible officer)—
a in the heading, at the end insert “etc”;
b for subsection (2) substitute—
;
c in subsection (3) for “This obligation” substitute “An obligation under this section”;
d after that subsection insert—
5 In section 301 (suspended sentence orders: duty of offender to keep in touch with responsible officer)—
a in the heading at the end insert “etc”;
b for subsection (2) substitute—
;
c in subsection (3) for “That obligation” substitute “An obligation under this section”;
d after that subsection insert—
6 In consequence of the amendments made by this section, in section 149 of the Police, Crime, Sentencing and Courts Act 2022 omit subsections (2)(d) and (3)(d).

193 Notification requirements for child cruelty offenders

1 The Secretary of State may by regulations require child cruelty offenders to notify specified matters to the police.
2 “Child cruelty offender” means a person who, in England and Wales—
a is convicted of a child cruelty offence,
b is found not guilty of a child cruelty offence by reason of insanity,
c is found to be under a disability and to have done the act charged against the person in respect of a child cruelty offence, or
d is cautioned in respect of a child cruelty offence after the person has admitted the offence,
on or after the day on which the regulations come into force.
3 A “child cruelty offence” means an offence listed in Schedule 24.
4 The regulations may in particular make provision—
a about the period for which a child cruelty offender is subject to notification requirements (which may be an indefinite period);
b about the occasions on which, or intervals at which, a child cruelty offender is required to give notifications;
c about the time limits for giving a notification;
d about how notifications are to be given to the police (which may include provision for notifications to be given to persons authorised by the police in accordance with the regulations);
e requiring a child cruelty offender to allow photographs and fingerprints to be taken for the purposes of verifying the offender’s identity;
f requiring or authorising a person with parental responsibility for a child cruelty offender to give notifications, where the offender is under 18;
g for specified notification requirements to apply to a child cruelty offender only if the offender has been given notice by a police officer, in accordance with the regulations, that those requirements apply;
h for reviews of whether a child cruelty offender should remain subject to notification requirements, or to specified notification requirements;
i for a child cruelty offender to cease to be subject to notification requirements, or to specified notification requirements, following a review.
5 If the regulations make provision for a child cruelty offender to be subject to notification requirements for an indefinite period, they must make provision under which the child cruelty offender may cease to be subject to the notification requirements following a review.
6 The matters which may be specified in the regulations as matters which must be notified include, in particular, any matter a relevant offender is required to notify to the police by or under Part 2 of the Sexual Offences Act 2003 (as it has effect in England and Wales).
7 Before making regulations under this section the Secretary of State must consult—
a the National Police Chiefs’ Council, and
b any other persons the Secretary of State considers appropriate.
8 In this section—
  • “notification requirements” means requirements imposed by the regulations;
  • “specified” means specified in the regulations.

194 Notification requirements for child cruelty offenders: enforcement

1 Regulations under section 193 may provide for a person to commit an offence if, without reasonable excuse, they—
a fail to comply with a specified notification requirement, or
b in purported compliance with a specified notification requirement, notify information that they know to be false.
2 The maximum penalty specified for an offence must not exceed (but may be less than)—
a on summary conviction, imprisonment for a term of the general limit in a magistrates’ court or a fine (or both);
b on conviction on indictment, imprisonment for a term of 5 years or a fine (or both).
3 Regulations under section 193 may confer on a constable power to enter and search relevant premises.
4 The regulations must provide for the power to be exercisable only—
a under the authority of a warrant issued by a justice of the peace (which may authorise the use of reasonable force),
b where it is necessary for a constable to enter and search the premises for the purpose of assessing the risks posed by a child cruelty offender who is subject to notification requirements, and
c where a constable has sought, and been unable to obtain, entry to the premises for that purpose on at least two occasions.
5 Premises are “relevant premises” if there are reasonable grounds to believe (because of a notification given under the regulations or otherwise) that the child cruelty offender resides, or may regularly be found, at the premises.
6 In this section—
  • “notification requirements” means requirements imposed by regulations under section 193;
  • “specified” means specified in the regulations.

195 Notification requirements for child cruelty offenders: power to amend Schedule 24

1 The Secretary of State may by regulations amend—
a Schedule 24 (child cruelty offences);
b section 196 for the purposes of that Schedule.
2 Regulations under subsection (1) may add an offence to Schedule 24 only if—
a the Secretary of State considers it appropriate to do so, having regard to the nature and seriousness of the harm that may be caused to persons under 18 by conduct constituting the offence, and
b the offence is not listed in Schedule 3 to the Sexual Offences Act 2003 (offences to which Part 2 of that Act applies) (disregarding for this purpose any condition subject to which an offence is listed in that Schedule).
3 Where an offence is capable of being committed against a person aged 18 or over, an amendment adding it to Schedule 24 must include a condition that the victim was under 18.
4 An amendment of Schedule 24 or section 196 within subsection (5) does not apply to convictions, findings and cautions before the amendment takes effect.
5 An amendment is within this subsection if it—
a adds an offence,
b removes a condition relating to an offence, or
c changes a condition in such a way as to cause an offence committed by or against a person of a particular age in certain circumstances, or resulting in a particular disposal, to be within the Schedule when it would not otherwise be.
6 Before making regulations under this section the Secretary of State must consult—
a the National Police Chiefs’ Council, and
b any other persons the Secretary of State considers appropriate.

196 Notification requirements for child cruelty offenders: interpretation

1 In section 193(2), a reference to a conviction includes a reference to a finding of a magistrates’ court, where the court makes an order under section 37(3) of the Mental Health Act 1983, that the accused did the act charged.
2 The following provisions do not apply for the purposes of section 193(2)—
a section 82(2) of the Sentencing Code, and
b section 187(1) of the Armed Forces Act 2006,
(conviction with absolute or conditional discharge deemed not to be a conviction).
3 A reference in Schedule 24 to an offence (“offence A”) includes—
a an attempt or conspiracy to commit offence A;
b an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to which offence A is the offence (or one of the offences) which the person believed would be committed;
c aiding, abetting, counselling or procuring the commission of offence A.
4 References in Schedule 24 to a person’s age are to the person’s age at the time of the offence.
5 References in Schedule 24 to imprisonment include—
a a period of detention which a person is liable to serve under a detention and training order;
b a sentence of detention in a young offender institution;
c a sentence of detention under section 250 of the Sentencing Code or section 209 of the Armed Forces Act 2006;
d a sentence of custody for life under section 272 of the Sentencing Code (including one passed as a result of section 210A of the Armed Forces Act 2006);
e an extended sentence under section 254 of the Sentencing Code (including one passed as a result of section 221A of the Armed Forces Act 2006).

Part 14 The police

Handling of complaints and conduct matters

197 Accelerated investigation procedure in respect of criminal conduct

1 In paragraph 20 of Schedule 3 to the Police Reform Act 2002 (restrictions on proceedings pending the conclusion of an investigation), in sub-paragraph (1), before paragraph (a) insert—
.
2 After paragraph 20 of that Schedule, insert—
3 For the italic heading before paragraph 20A of that Schedule substitute—
4 The amendments made by this section do not apply in respect of an investigation relating to a matter if, before the day on which this section comes into force—
a a complaint was made in respect of the matter, or
b the matter came to the attention of the appropriate authority or the Director General.
Here, “the appropriate authority” and “the Director General” have the meaning given by section 29 of the Police Reform Act 2002.

198 Conditions for notification of Director of Public Prosecutions of investigation report

1 In paragraph 23 of Schedule 3 to the Police Reform Act 2002 (action by the Director General of the IOPC in response to an investigation report under paragraph 22 of that Schedule)—
a for sub-paragraph (2A) substitute—
;
b after paragraph (2B) insert—
2 In paragraph 24 of that Schedule (action by appropriate authority in response to an investigation report under paragraph 22 of that Schedule)—
a for sub-paragraph (2A) substitute—
;
b after sub-paragraph (2B) insert—
3 In paragraph 25 of that Schedule (reviews with respect to an investigation)—
a in sub-paragraph (4F), for “a criminal offence may have been committed by” substitute “there is sufficient evidence to provide a realistic prospect of conviction for a criminal offence against”;
b after sub-paragraph (4F) insert—
4 The amendments made by this section do not apply in respect of an investigation relating to a matter (or a report on, or a review relating to, such an investigation) if, before the day on which this section comes into force—
a a complaint was made in respect of the matter, or
b the matter came to the attention of the appropriate authority or the Director General.
Here, “the appropriate authority” and “the Director General” have the meaning given by section 29 of the Police Reform Act 2002.

199 Duty of IOPC Director General to give victims right to request review

After paragraph 23 of Schedule 3 to the Police Reform Act 2002 insert—

Anonymity for authorised firearms officers

200 Anonymity for authorised firearms officers charged with qualifying offences

1 This section applies where in criminal proceedings in a court in England and Wales, or in proceedings (anywhere) before a service court, a person (“D”) is charged with a qualifying offence.
2 An offence is a “qualifying offence” if—
a it is alleged to have been committed by D acting in the exercise of functions as an authorised firearms officer,
b the conduct alleged to constitute the offence involved the use by D of a lethal barrelled weapon to discharge a conventional round, and
c D was, at the time of the alleged offence, authorised by the relevant authority to use that weapon with that round.
3 The court must—
a cause the following information to be withheld from the public in proceedings before the court, in each case unless satisfied that it would be contrary to the interests of justice to do so—
i D’s name;
ii D’s address;
iii D’s date of birth;
b give a reporting direction (see section 202) in respect of D (if one does not already have effect), unless satisfied that it would be contrary to the interests of justice to do so.
4 The court may, if satisfied that it is necessary in the interests of justice to do so, make an anonymity order (see section 203) in respect of D.
5 If D is convicted of the offence—
a subsections (3) and (4) cease to apply in respect of D, and
b any restriction put in place under subsection (3)(a) and any reporting direction given, or anonymity order made, under this section in respect of D cease to have effect at the time D is sentenced for the offence.
6 In subsection (2), “authorised firearms officer” means—
a a member of a relevant police force who is authorised by the relevant chief officer to use a lethal barrelled weapon with a conventional round in the exercise of functions as a constable,
b a National Crime Agency officer who is authorised by the Director General of the National Crime Agency to use a lethal barrelled weapon with a conventional round in the exercise of functions as a National Crime Agency officer,
c a member of the Police Service of Scotland or the Police Service of Northern Ireland who—
i is provided under section 98 of the Police Act 1996 for the assistance of a police force in England and Wales, and
ii is authorised by the relevant authority to use a lethal barrelled weapon with a conventional round in the exercise of functions as a constable, or
d a member of the armed forces who—
i is deployed in support of a relevant police force or the National Crime Agency, and
ii is authorised by the Secretary of State to use a lethal barrelled weapon with a conventional round for the purposes of that deployment.
7 In this section—
  • “conventional round” means any shot, bullet or other missile, other than one designed to be used without its use giving rise to a substantial risk of causing death or serious injury;
  • “lethal barrelled weapon” has the meaning given by section 57(1B) of the Firearms Act 1968;
  • “member of the armed forces” means a person who is subject to service law (see section 367 of the Armed Forces Act 2006);
  • “relevant authority” means—
    1. in relation to a member of a relevant police force, the relevant chief officer;
    2. in relation to a National Crime Agency officer, the Director General of the National Crime Agency;
    3. in relation to a member of the Police Service of Scotland, the Chief Constable of the Police Service of Scotland;
    4. in relation to a member of the Police Service of Northern Ireland, the Chief Constable of the Police Service of Northern Ireland;
    5. in relation to a member of the armed forces, the Secretary of State;
  • “relevant chief officer” means—
    1. in relation to a police force in England and Wales, the chief officer of police of that police force;
    2. in relation to the British Transport Police Force, the Chief Constable of the British Transport Police Force;
    3. in relation to the Ministry of Defence Police, the Chief Constable of the Ministry of Defence Police;
    4. in relation to the Civil Nuclear Constabulary, the Chief Constable of the Civil Nuclear Constabulary;
  • “relevant police force” means—
    1. a police force in England and Wales,
    2. the British Transport Police Force,
    3. the Ministry of Defence Police, or
    4. the Civil Nuclear Constabulary;
  • “service court” means—
    1. the Court Martial, or
    2. the Court Martial Appeal Court.
8 This section does not apply in relation to proceedings begun before the coming into force of this section.

201 Anonymity for authorised firearms officers appealing convictions for qualifying offences

1 This section applies where a person (“D”) is convicted of a qualifying offence in proceedings in a court in England and Wales, or proceedings (anywhere) before a service court.
2 The court by or before which D is convicted may, if satisfied that it is necessary in the interests of justice to do so—
a cause any or all of the information mentioned in section 200(3)(a)(i) to (iii) to be withheld from the public in proceedings before the court;
b give a reporting direction in respect of D (see section 202);
c make an anonymity order in respect of D (see section 203).
3 Any reporting direction given, or anonymity order made, under subsection (2) ceases to have effect at the end of the appeal period unless, before the end of that period, D brings an appeal against the conviction.
4 Where, before the end of the appeal period, D brings an appeal against the conviction, the court dealing with the appeal may, if satisfied that it is necessary in the interests of justice to do so—
a cause any or all of the information mentioned in section 200(3)(a)(i) to (iii) to be withheld from the public in proceedings before the court;
b give a reporting direction in respect of D;
c make an anonymity order in respect of D.
5 The court dealing with the appeal must at the earliest opportunity determine the issue of whether to exercise any or all of the powers under subsection (4).
6 Any reporting direction given, or anonymity order made, under subsection (2) ceases to have effect upon the making of the determination mentioned in subsection (5) (whether or not the court dealing with the appeal gives a direction or makes an order).
7 Any reporting direction given, or anonymity order made, under subsection (4) ceases to have effect if the appeal against conviction is abandoned or dismissed.
8 In this section—
  • “appeal period” in relation to a person convicted of a qualifying offence, means the period allowed for bringing an appeal against that conviction, disregarding the possibility of an appeal out of time with permission;
  • “qualifying offence” has the meaning given by section 200(2).
9 This section does not apply where the proceedings in which D was convicted were begun before the coming into force of section 200.

202 Authorised firearms officers: reporting directions

1 A reporting direction, in relation to a person (“D”) charged with (or convicted of) a qualifying offence, is a direction that no matter relating to D may be included in any publication if it is likely to lead members of the public to identify D as a person who is, or was, alleged to have committed (or who has been convicted of) the offence.
2 The matters relating to D in relation to which the restrictions imposed by a reporting direction apply (if their inclusion in any publication is likely to have the result mentioned in subsection (1)) include in particular—
a D’s name,
b D’s address,
c the identity of any place at which D works, and
d any still or moving image of D.
3 A relevant court may by direction (“an excepting direction”) dispense, to any extent specified in the excepting direction, with the restrictions imposed by a reporting direction if satisfied that it is necessary in the interests of justice to do so.
4 An excepting direction—
a may be given at the time the reporting direction is given or subsequently;
b may be varied or revoked by a relevant court.
5 A reporting direction has effect—
a for a fixed period specified in the direction, or
b indefinitely,
but this is subject to subsection (5)(b) of section 200 and subsections (3), (6) and (7) of section 201.
6 A reporting direction may be revoked if a relevant court is satisfied that it is necessary in the interests of justice to do so.
7 In this section—
  • “publication” has the same meaning as in Part 2 of the Youth Justice and Criminal Evidence Act 1999 (see section 63 of that Act);
  • “qualifying offence” has the meaning given by section 200(2);
  • “relevant court”, in relation to a reporting direction, means—
    1. the court that gave the direction,
    2. the court (if different) that is currently dealing, or that last dealt, with the proceedings in which the direction was given, or
    3. any court dealing with an appeal (including an appeal by way of case stated) arising out of the proceedings in which the direction was given or with any further appeal.

203 Authorised firearms officers: anonymity orders

1 An anonymity order, in relation to a person (“D”) charged with (or convicted of) a qualifying offence, is an order made by a court that requires specified measures to be taken in relation to D to ensure that the identity of D is withheld from the public in proceedings before the court.
2 For the purposes of subsection (1), the kinds of measures that may be required to be taken in relation to D include measures for securing one or more of the following—
a that identifying details relating to D be withheld from the public in proceedings before the court;
b that D is screened to any specified extent;
c that D’s voice is subjected to modulation to any specified extent.
3 An anonymity order may not require—
a D to be screened to such an extent that D cannot be seen by—
i the judge or other members of the court (if any), or
ii the jury (if there is one);
b D’s voice to be modulated to such an extent that D’s natural voice cannot be heard by any persons within paragraph (a)(i) or (ii).
4 The court that made an anonymity order may vary or discharge the order if satisfied that it is necessary in the interests of justice to do so.
5 In this section—
  • “qualifying offence” has the meaning given by section 200(2);
  • “specified” means specified in the anonymity order concerned.

Appeals to police appeals tribunals

204 Appeals to police appeals tribunals

1 Part 4 of the Police Act 1996 (complaints, disciplinary proceedings etc) is amended as set out in subsections (2) to (8).
2 In section 85 (appeals against dismissal etc)—
a in the heading, for “dismissal etc.” substitute “decisions made in disciplinary and other proceedings”;
b after subsection (1) insert—
;
c in subsection (2), for “appellant” substitute “person to whom the appeal relates”.
3 Schedule 6 (appeals to police appeals tribunals) is amended as set out in subsections (4) to (8).
4 In paragraph 1(1) (constitution of police appeals tribunals: senior officers), for “by”, in the first place it occurs, substitute “relating to”.
5 In paragraph 2(1) (constitution of police appeals tribunals: persons other than senior officers), for “by”, in the first place it occurs, substitute “relating to”.
6 In paragraph 7 (orders of police appeals tribunals)—
a in sub-paragraph (1) at the end insert—
;
b in sub-paragraphs (2) and (3), for “appellant” substitute “person to whom the appeal relates”;
c at the end insert—
7 For paragraph 9 (including the italic heading before it) substitute—
8 In paragraph 10, in paragraphs (b) and (ba), for “appellant”, in each place it occurs, substitute “person to whom the appeal relates”.
9 In the Ministry of Defence Police Act 1987, in section 4A (appeals against dismissal etc)—
a in subsection (1), after paragraph (a) insert—
;
b in subsection (2), for “appellant” substitute “person to whom the appeal relates”;
c after subsection (4) insert—
;
d in subsection (7), at the end insert—

Barred and advisory lists

205 Law enforcement employers may not employ etc barred persons

1 Before employing or appointing any person, a law enforcement employer must check each barred list to ascertain whether the proposed employee or proposed appointee is a barred person.
2 A law enforcement employer may not employ a barred person or otherwise appoint a barred person to any position.
3 For the purposes of this section a person who is to be seconded to work for a law enforcement employer, and who will not be employed by that person, is to be regarded as being appointed by that person.
4 Before designating a person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002, a chief officer of police, and the Chief Constable of the British Transport Police Force, must check each barred list to ascertain whether the person is a barred person.
5 A chief officer of police, and the Chief Constable of the British Transport Police Force, may not designate a barred person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002.
6 A law enforcement employer may not enter into a contract for the provision of services if the terms of the contract would permit a barred person to be involved in the exercise of law enforcement functions.
7 A local policing body may not enter into a contract for the provision of services to a chief officer of police if the terms of the contract would permit a barred person to be involved in the exercise of law enforcement functions.
8 In this section “barred list” means—
a the police barred list maintained under Part 4A of the Police Act 1996;
b the British Transport Police barred list;
c the Civil Nuclear Constabulary barred list;
d the Ministry of Defence Police barred list;
e the National Crime Agency barred list;
f the Scottish police barred list maintained under section 59A of the Police and Fire Reform (Scotland) Act 2012 (asp 8).
9 In this section “barred person” means a person who is included in a barred list.

206 Meaning of “law enforcement employer”

1 In section 205 “law enforcement employer” means—
a a chief officer of police;
b the Director General of the National Crime Agency;
c the Chief Constable of the British Transport Police Force;
d the British Transport Police Authority;
e the Civil Nuclear Police Authority;
f a local policing body;
g the chief inspector of constabulary appointed under section 54 of the Police Act 1996;
h the Independent Office for Police Conduct;
i the Secretary of State, when exercising functions relating to the Ministry of Defence Police;
j the College of Policing;
k a person specified in regulations made by the Secretary of State.
2 A person may be specified in regulations under subsection (1)(k) only if the person has law enforcement functions.
3 If a person has both law enforcement functions and other functions, the person may be specified only—
a in relation to the exercise of the person’s law enforcement functions, or
b in relation to the exercise of such of those law enforcement functions as are of a description specified in the regulations.
4 Subsection (1)(i) does not preclude the Secretary of State being specified in relation to the exercise of law enforcement functions of a description not within that subsection.
5 In this section “law enforcement functions” means functions of a public nature that relate to policing or law enforcement.
6 Regulations under this section may not contain provision which would be within the legislative competence of the Scottish Parliament, if contained in an Act of that Parliament.
7 Regulations under this section may not contain provision which—
a would be within the legislative competence of the Northern Ireland Assembly, if it were contained in an Act of that Assembly, and
b would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

207 Application of section 205 to Secretary of State

1 The duties in section 205(1) and (2) apply in relation to the Secretary of State only to the extent that the proposed employee or proposed appointee will be involved in the exercise of the functions of the Ministry of Defence Police.
2 The additional duties in subsections (3) and (4) apply where the Secretary of State is proposing to arrange for an existing employee or existing appointee to become involved in the exercise of the functions of the Ministry of Defence Police (not having previously been so involved).
3 Before making the arrangement, the Secretary of State must check each barred list to ascertain whether the existing employee or existing appointee is a barred person.
4 The Secretary of State may not arrange for an existing employee or existing appointee who is a barred person to become involved in the exercise of the functions of the Ministry of Defence Police.
5 For the purposes of this section, a person who is seconded to work for the Secretary of State is to be regarded as an existing appointee of the Secretary of State (if not an existing employee).
6 In this section references to the Secretary of State are to be read in accordance with section 206(1)(i).

208 Application of section 205 to specified law enforcement employer

1 The duties in section 205(1) and (2) apply in relation to a specified law enforcement employer only to the extent that the proposed employee or proposed appointee will be involved in the exercise of specified law enforcement functions.
2 The additional duties in subsections (3) and (4) apply where a specified law enforcement employer is proposing to arrange for an existing employee or existing appointee to become involved in the exercise of specified law enforcement functions (not having previously been so involved).
3 Before making the arrangement, the specified law enforcement employer must check each barred list to ascertain whether the existing employee or existing appointee is a barred person.
4 The specified law enforcement employer may not arrange for an existing employee or existing appointee who is a barred person to become involved in the exercise of specified law enforcement functions.
5 For the purposes of this section, a person who is seconded to work for a specified law enforcement employer is to be regarded as an existing appointee of that person (if not an existing employee).
6 In relation to a specified law enforcement employer, section 205(6) applies as if the references to law enforcement functions were to specified law enforcement functions.
7 In this section—
  • “specified law enforcement employer” means a person who is specified as a law enforcement employer in regulations under section 206(1)(k);
  • “specified law enforcement functions” means the law enforcement functions in relation to the exercise of which the person is specified.

209 Duty of law enforcement employers to check advisory lists

1 Before employing or appointing any person, a law enforcement employer must check each advisory list to ascertain whether the proposed employee or proposed appointee is included in an advisory list.
2 For the purposes of this section a person who is to be seconded to work for a law enforcement employer, and who will not be employed by that person, is to be regarded as being appointed by that person.
3 Before designating a person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002, a chief officer of police, and the Chief Constable of the British Transport Police Force, must check each advisory list to ascertain whether the person is included in an advisory list.
4 The duty in subsection (1) applies to the Secretary of State only to the extent that the proposed employee or proposed appointee will be involved in the exercise of the functions of the Ministry of Defence Police.
5 In subsection (4) the reference to the Secretary of State is to be read in accordance with section 206(1)(i).
6 In this section “advisory list” means—
a the police advisory list maintained under Part 4A of the Police Act 1996;
b the British Transport Police advisory list;
c the Civil Nuclear Constabulary advisory list;
d the Ministry of Defence Police advisory list;
e the National Crime Agency advisory list;
f the Scottish police advisory list maintained under section 59A of the Police and Fire Reform (Scotland) Act 2012 (asp 8).

210 Application of section 209 to specified law enforcement employer

1 The duty in section 209(1) applies to a specified law enforcement employer only to the extent that the proposed employee or proposed appointee will be involved in the exercise of specified law enforcement functions.
2 The additional duty in subsection (3) applies where a specified law enforcement employer is proposing to arrange for an existing employee or existing appointee to become involved in the exercise of specified law enforcement functions (not having previously been so involved).
3 Before making the arrangement, the specified law enforcement employer must check each advisory list to ascertain whether the existing employee or existing appointee is included in an advisory list.
4 For the purposes of this section a person who is seconded to work for a specified person is to be regarded as an existing appointee of that person (if not an existing employee of that person).
5 In this section—
  • “specified law enforcement employer” means a person who is specified as a law enforcement employer in regulations under section 206(1)(k);
  • “specified law enforcement functions” means the law enforcement functions in relation to the exercise of which the person is specified.

211 Interpretation of sections 205 to 210

In sections 205 to 210—
  • “advisory list” has the meaning given by section 209(6);
  • “barred list” has the meaning given by section 205(8);
  • “barred person” has the meaning given by section 205(9);
  • “British Transport Police advisory list” means the advisory list maintained by the British Transport Police Authority under Part 2 of Schedule 25;
  • “British Transport Police barred list” means the barred persons list maintained by the British Transport Police Authority under Part 1 of Schedule 25;
  • “chief officer of police” has the same meaning as in the Police Act 1996 (see section 101(1) of that Act);
  • “Civil Nuclear Constabulary advisory list” means the advisory list maintained by the Civil Nuclear Police Authority under Part 2 of Schedule 25;
  • “Civil Nuclear Constabulary barred list” means the barred persons list maintained by the Civil Nuclear Police Authority under Part 1 of Schedule 25;
  • “law enforcement employer” has the meaning given by section 206(1);
  • “law enforcement functions” has the meaning given by section 206(5);
  • “Ministry of Defence Police advisory list” means the advisory list maintained by the Secretary of State under Part 2 of Schedule 25;
  • “Ministry of Defence Police barred list” means the barred persons list maintained by the Secretary of State under Part 1 of Schedule 25;
  • “National Crime Agency advisory list” means the advisory list maintained by the Director General of the National Crime Agency under Part 2 of Schedule 25;
  • “National Crime Agency barred list” means the barred persons list maintained by the Director General of the National Crime Agency under Part 1 of Schedule 25.

212 Special police forces: barred persons lists and advisory lists

Schedule 25 makes provision for barred persons lists and advisory lists to be maintained by—
a the British Transport Police Authority,
b the Civil Nuclear Police Authority,
c the Director General of the National Crime Agency, and
d the Secretary of State.

213 Consequential amendments

1 In the Police Act 1996 omit—
a sections 88C to 88E (effect of inclusion in police barred list);
b section 88K (effect of inclusion in police advisory list).
2 The Police Reform and Social Responsibility Act 2011 is amended as follows.
3 In section 42(3AA) (person on police barred list not eligible for appointment as Commissioner of Police of the Metropolis)—
a the words from “the police” to the end become paragraph (a);
b after that paragraph insert—
4 In section 43(3B) (person on police barred list not eligible for appointment as Deputy Commissioner of Police of the Metropolis)—
a the words from “the police” to the end become paragraph (a);
b after that paragraph insert—

Critical police undertakings

214 Power to give directions to critical police undertakings

In the Police Act 1996, after section 40C insert—

Part 15 Terrorism and national security

Chapter 1 Youth diversion orders

Power to make orders

215 Power to make youth diversion orders

1 A chief officer of police may apply to an appropriate court for an order under this section (a “youth diversion order”) in respect of a person (“the respondent”) who—
a in England and Wales or Northern Ireland, is aged 10 or over but is under the age of 22;
b in Scotland, is aged 12 or over but is under the age of 22.
2 On an application the court may make a youth diversion order in respect of the respondent if—
a the court is satisfied on the balance of probabilities that—
i the respondent has committed a terrorism offence,
ii the respondent has committed a relevant offence with a terrorist connection, or
iii the respondent has engaged in conduct likely to facilitate the commission (by the respondent or anyone else) of a terrorism offence, and
b the court considers it necessary to make the order for the purpose of protecting members of the public from a risk of terrorism or other serious harm (see section 216).
3 In this section—
  • “appropriate court” means—
    1. in England and Wales or Northern Ireland—
      1. a youth court, if the respondent is under the age of 18 when the application is made;
      2. a magistrates’ court in any other case;
    2. in Scotland, a sheriff court;
  • “relevant offence” means an offence which—
    1. was committed on or after 29 June 2021,
    2. is punishable on indictment with imprisonment for more than 2 years, and
    3. is not specified in—
      1. Schedule 1A to the Counter-Terrorism Act 2008, or
      2. Schedule A1 to the Sentencing Code;
  • “terrorism offence” means—
    1. an offence listed in section 41(1) of the Counter-Terrorism Act 2008,
    2. an attempt or conspiracy to commit an offence within paragraph (a),
    3. an offence under Part 2 of the Serious Crime Act 2007 (England and Wales and Northern Ireland: encouraging or assisting crime) in relation to an offence within paragraph (a),
    4. an offence under the law of Scotland of inciting the commission of an offence within paragraph (a), or
    5. aiding, abetting, counselling or procuring the commission of an offence within paragraph (a).
4 For the purposes of subsection (2)(a)(ii), a relevant offence has a terrorist connection if the offence—
a is, or takes place in the course of, an act of terrorism, or
b is committed for the purposes of terrorism.
5 In this Chapter—
  • “chief officer of police” means—
    1. in England and Wales, the chief officer of police of a police force in England and Wales;
    2. in Scotland, the chief constable of the Police Service of Scotland;
    3. in Northern Ireland, the chief constable of the Police Service of Northern Ireland;
  • “police area” means—
    1. in relation to England and Wales, a police area as defined by section 101(1) of the Police Act 1996,
    2. Scotland, or
    3. Northern Ireland;
  • “the public” means the public in any part of the world;
  • “the respondent” has the same meaning as in subsection (1);
  • “terrorism” has the meaning given by section 1 of the Terrorism Act 2000;
  • “youth diversion order” has the same meaning as in subsection (1).

216 Meaning of “serious harm”

1 In this Chapter “serious harm” means harm from—
a conduct that—
i involves serious violence against a person,
ii endangers a person’s life, other than that of the person engaging in the conduct, or
iii creates a serious risk to the health or safety of the public or a section of the public, or
b the threat of such conduct.
2 For this purpose, a reference to conduct or a person is to conduct or a person in any part of the world.
3 See also section 215(5) (which provides that “the public” means the public in any part of the world).

Content of orders

217 Content of youth diversion orders

1 A youth diversion order may—
a prohibit the respondent from doing anything described in the order;
b require the respondent to do anything described in the order.
The order may in particular contain provision of a kind mentioned in subsections (2) to (4).
2 An order may contain prohibitions or requirements relating to any of the following—
a the persons with whom the respondent associates or communicates;
b the way in which the respondent communicates or associates with others;
c the respondent’s possession or use of electronic communication devices, including in particular a requirement that a device may only be possessed or used subject to specified conditions;
d the respondent’s presence in, or access to, a specified area or place or an area or place of a specified description;
e the respondent’s travel (whether within the United Kingdom, between the United Kingdom and other places or otherwise).
3 An order may—
a require the respondent to attend appointments or participate in activities;
b require the respondent to answer questions, provide information or produce documents;
c contain curfew requirements;
d require the respondent to comply with section 218 (notification requirements).
4 An order may contain any prohibition that is of a kind that could be imposed by the Secretary of State in relation to an individual by virtue of paragraph 6A of Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011 (weapons and explosives measures).
5 The conditions specified under subsection (2)(c) may, in particular include conditions in relation to—
a the manner in which a device is used;
b the monitoring of such use;
c the granting to a constable of access to premises for the purpose of the inspection or modification of a device;
d the surrendering to a constable of a device on a temporary basis for the purpose of its inspection or modification at another place;
e the inspection of any online account accessed by means of a device;
f the disclosure to a constable of such details as may be specified of any device possessed or used by the respondent or any other person with whom the respondent lives.
6 The “inspection” of a device, or an online account accessed by means of a device, includes—
a accessing the device or the online account,
b examining information held on the device or accessed by means of the online account, and
c extracting such information.
7 A court may include a prohibition or requirement only if it considers it necessary for the purpose of protecting members of the public from a risk of terrorism or other serious harm.
8 Prohibitions and requirements must, so far as practicable, be such as to avoid—
a any conflict with any religious beliefs of the respondent;
b any interference with any times at which the respondent normally attends any educational establishment or works;
c any conflict with the requirements of any other court order or injunction to which the respondent is subject.
9 A youth diversion order must specify the period for which it has effect (which must not exceed 12 months).
10 A youth diversion order may specify periods for which particular prohibitions or requirements have effect.
11 In this section—
  • “curfew requirement” means a requirement that the respondent must remain at a particular place for particular periods;
  • “document” means anything in which information of any description is recorded (whether or not in legible form);
  • “electronic communication device” has the meaning given by paragraph 7(5) of Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011;
  • “online account” means an account by means of which information held on a service provided by means of the internet is made accessible;
  • “specified” means specified in the youth diversion order.
12 The reference in this section to “extracting” information includes reproducing it in any form.

218 Notification requirements

1 This section applies where a youth diversion order requires the respondent to comply with this section.
2 Before the end of the period of three days beginning with the day on which a youth diversion order requiring the respondent to comply with this section is first served, the respondent must notify to the police—
a the respondent’s name and, where the respondent uses one or more other names, each of those names,
b the respondent’s home address, and
c the name and address of any educational establishment the respondent normally attends.
3 If, while the respondent is required to comply with this section, the respondent—
a uses a name which has not been notified under the order,
b changes home address, or
c begins to attend an educational establishment the name and address of which have not been notified under the order,
the respondent must notify, to the police, the new name, the new home address or the name and address of the new educational establishment.
4 A notification under subsection (3) must be given before the end of the period of three days beginning with the day on which the respondent uses the name, changes home address or first attends the educational establishment.
5 A notification under this section is given by—
a attending at a police station in the police area in which the home address, or the court to which the application under section 215 was made, is situated, and
b giving an oral notification to a constable, or to a person authorised for the purpose by the officer in charge of the station.
6 A notification under this section must be acknowledged in writing.
7 In this section “home address” means—
a the address of the respondent’s sole or main residence in the United Kingdom, or
b where the respondent has no such residence, the address or location of a place in the United Kingdom where the respondent can regularly be found and, if there is more than one such place, such one of those places as the respondent may select.
8 In determining the period of three days mentioned in subsection (2) or (4), no account is to be taken of—
a any time when the respondent is, within the United Kingdom, lawfully detained or otherwise lawfully deprived of their liberty, or
b any time when the respondent is outside the United Kingdom.

219 Electronic monitoring of compliance with order: England and Wales

1 A youth diversion order made by a court in England and Wales may impose on the respondent a requirement (an “electronic monitoring requirement”) to submit to electronic monitoring of the respondent’s compliance with prohibitions or requirements imposed by the order. This is subject to section 220.
2 A youth diversion order that includes an electronic monitoring requirement must specify the person who is to be responsible for the monitoring.
3 The person specified under subsection (2) (“the responsible person”) must be of a description specified in regulations made by the Secretary of State by statutory instrument.
4 Where a youth diversion order imposes an electronic monitoring requirement, the respondent 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.

220 Conditions for imposing electronic monitoring requirement: England and Wales

1 This section applies for the purpose of determining whether a court in England and Wales may impose an electronic monitoring requirement under section 219.
2 An electronic monitoring requirement may not be imposed in the respondent’s absence.
3 If there is a person (other than the respondent) 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 may impose the requirement in relation to a relevant police area only if—
a the Secretary of State has given notification that electronic monitoring arrangements are available in the area, and
b it is satisfied that the necessary provision can be made under the arrangements currently available.
5 For this purpose “relevant police area” means—
a in any case, the police area in England and Wales in which it appears to the court that the respondent resides or will reside, or
b in a case where it is proposed to include in the order—
i a requirement that the respondent remains, for specified periods, at a specified place in England and Wales, or
ii provision prohibiting the respondent from entering a specified place or area in England and Wales,
the police area in which the place or area proposed to be specified is situated.
6 In subsection (5) “specified” means specified in the youth diversion order.

221 Data from electronic monitoring in England and Wales: code of practice

The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of persons under electronic monitoring requirements (within the meaning of section 219) imposed by youth diversion orders in England and Wales.

Procedure

222 Duty to consult

1 Before making an application for a youth diversion order or the variation or discharge of such an order, a chief officer of police must, if the respondent will be under the age of 18 when the application is made, consult—
a in England and Wales, the local youth offending team;
b in Northern Ireland, the Youth Justice Agency.
2 Before making an application for a youth diversion order or the variation or discharge of such an order in Scotland, the chief constable of the Police Service of Scotland must consult—
a the Lord Advocate,
b the relevant local authority, and
c if the respondent will be under the age of 18 when the application is made, the Principal Reporter.
3 In this section—
  • “local youth offending team” means—
    1. the youth offending team in whose area it appears to the chief officer that the respondent lives, or
    2. if it appears to the chief officer that the respondent lives in more than one such area, whichever one or more of the relevant youth offending teams that the chief officer considers it appropriate to consult;
  • “relevant local authority” means—
    1. the Scottish local authority in whose area it appears to the chief constable that the respondent lives, or
    2. if it appears to the chief constable that the respondent lives in more than one such area, whichever one or more of the relevant Scottish local authorities that the chief constable considers it appropriate to consult;
  • “Scottish local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
  • “youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.

223 Applications without notice

1 An application for a youth diversion order may be made without notice to the respondent.
2 Subsections (1) and (2)(b) and (c) of section 222 do not apply to an application made without notice.
3 If an application is made without notice, the court must do one of the following—
a adjourn the proceedings and make an interim youth diversion order (see section 224);
b adjourn the proceedings without making an interim order;
c dismiss the application.
4 Except where the court dismisses the application, the applicant must comply with subsection (1) or (2)(b) and (c) of section 222 (as the case may be) before the first full hearing.
5 In this section “full hearing” means a hearing of which notice has been given to the applicant and the respondent in accordance with rules of court.

224 Interim youth diversion orders

1 This section applies where the court adjourns the hearing of an application (whether made with notice or without) for a youth diversion order.
2 The court may, if it considers it necessary to do so, make a youth diversion order lasting (subject to section 225) until the determination of the application (an “interim youth diversion order”). Section 217(9) does not apply in relation to an interim youth diversion order.
3 The only requirements that may be imposed by an interim youth diversion order on the respondent are—
a a requirement of the kind mentioned in section 217(3)(b) (requirements to provide information etc);
b a requirement to comply with section 218 (notification requirements).
4 Subject to that, the court has the same powers in relation to an interim youth diversion order as it has in relation to an order made at a final hearing.
5 An interim youth diversion order made at a hearing of which the respondent was not given notice takes effect on being served on the respondent.

Variation, discharge and appeals

225 Variation and discharge of youth diversion orders

1 A relevant person may apply for an order varying or discharging a youth diversion order.
2 An application under this section is to be made—
a in England and Wales or Northern Ireland—
i to a youth court, if the respondent was under the age of 18 when the application under section 215 was made;
ii to a magistrates’ court, in any other case;
b in Scotland, to a sheriff court.
3 On the application, the court may (after hearing from the applicant and the other relevant person, if they wish to be heard) make any order varying or discharging the order that the court considers appropriate.
4 The power to vary an order includes power to—
a include an additional prohibition or requirement;
b extend the period for which a prohibition or requirement has effect;
c extend the period for which the order has effect by six months.
The period for which an order has effect may be extended under paragraph (c) on at most two occasions.
5 The court may make provision of a kind mentioned in subsection (4) only if it considers that the provision is necessary for the purpose of protecting members of the public from a risk of terrorism or other serious harm.
6 Subsections (8) and (10) of section 217 apply to additional prohibitions or requirements included on a variation of an order.
7 If an application under this section is dismissed, the applicant may not make a further application under this section without—
a the consent of the court, or
b the agreement of the other relevant person.
8 In this section “relevant person” means—
a the person who applied for the youth diversion order, or
b the respondent.

226 Appeal against youth diversion order etc

1 A relevant person (as defined by section 225) may appeal against a decision made—
a on an application under section 215 (application for youth diversion order);
b under section 224 (interim youth diversion orders);
c on an application under section 225 (application for variation or discharge of order).
2 An appeal under subsection (1) is to be made—
a in England and Wales, to the Crown Court;
b in Scotland, to the Sheriff Appeal Court;
c in Northern Ireland, to the county court.
3 On an appeal under this section, the court may make—
a such orders as may be necessary to give effect to its determination of the appeal, and
b such incidental and consequential orders as appear to it to be appropriate.
4 Rules of court may provide that an appeal from a decision—
a to dismiss an application for a youth diversion order made without notice being given to the respondent, or
b to refuse to make an interim youth diversion order when adjourning proceedings following such an application,
may be made without notice being given to the respondent.

Supplementary

227 Offence of breaching youth diversion order

1 A person who, without reasonable excuse, fails to comply with a youth diversion order commits an offence.
2 Where a youth diversion order requires a person to provide information or produce a document, it is an offence for the person, in purported compliance with that requirement, to provide any information or produce any document which the person knows to be false.
3 Where a youth diversion order requires a person to comply with section 218 (notification requirements), it is an offence for the person—
a to fail, without reasonable excuse, to comply with that section, or
b in purported compliance with that section, to notify to the police any information which the person knows to be false.
4 A person who commits an offence under this section is liable—
a on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
b on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
c on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
d on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).
5 Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.
6 A person commits an offence under subsection (3)(a) on the day on which the person first fails, without reasonable excuse, to comply with section 218.
7 The person continues to commit the offence throughout any period during which the failure continues.
8 But the person may not be prosecuted more than once in respect of the same failure.
9 In proceedings for an offence under this section, a copy of the original youth diversion order, certified by the proper officer of the court that made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those matters is admissible in those proceedings.
10 In section 80(3) of the Sentencing Code (list of circumstances where an order for conditional discharge is not available), after paragraph (g) (inserted by section 59(6) of this Act) insert—

228 Guidance

1 The Secretary of State must issue guidance to chief officers of police about—
a matters to be taken into account by chief officers of police before making an application for a youth diversion order, including alternatives to making an application,
b how chief officers of police are to comply with their duties to consult under section 222, and
c the circumstances in which it may be appropriate for chief officers of police to consult persons other than those mentioned in section 222 before making an application for a youth diversion order or the variation or discharge of such an order.
2 The Secretary of State may—
a issue guidance to chief officers of police about the exercise of their other functions in respect of youth diversion orders, and
b revise any guidance under this section.
3 A chief officer of police must have regard to any guidance under this section when exercising a function to which the guidance relates.
4 Before issuing or revising any guidance, the Secretary of State must consult—
a the Youth Justice Board for England and Wales;
b the Scottish Ministers;
c the Youth Justice Agency in Northern Ireland;
d the National Police Chiefs’ Council;
e the chief constable of the Police Service of Scotland;
f the chief constable of the Police Service of Northern Ireland;
g the Director of Public Prosecutions;
h the Lord Advocate;
i the Director of Public Prosecutions for Northern Ireland;
j the person appointed under section 36 of the Terrorism Act 2006;
k such other persons as the Secretary of State considers appropriate.
5 Any guidance or revisions come into force on a day specified in regulations made by the Secretary of State.
6 Subsections (4) and (5) do not apply to revisions that the Secretary of State considers are not substantial.
7 The Secretary of State must lay before Parliament—
a any guidance or revisions issued under this section, and
b in the case of revisions, a statement of whether the Secretary of State considers them to be substantial and, if not, of the reasons why.
8 The Secretary of State must publish any guidance or revisions issued under this section.

229 Rules of court about anonymity for respondents

1 Rules of court relating to YDO proceedings may make provision for—
a the making by chief officers of police or the respondent of an application to a court for an order requiring anonymity for the respondent, and
b the making by the court, on such an application, of an order requiring such anonymity.
2 In this section references to an order requiring anonymity for the respondent are to an order by a court which imposes such prohibitions or restrictions as it considers appropriate on the disclosure (by persons generally, or by such persons as the court specifies or describes) of—
a the identity of the respondent, or
b any information that would tend to identify the respondent.
3 In this section “YDO proceedings” means—
a proceedings under or by virtue of this Chapter, or
b proceedings on an appeal against a decision made in any such proceedings.

230 Applications

1 An application under this Chapter is to be made—
a by complaint, where the application is made to a youth court or other magistrates’ court;
b in accordance with rules of court, in any other case.
2 The following do not apply to a complaint under this Chapter—
a section 127 of the Magistrates’ Courts Act 1980 (time limit for complaints etc);
b Article 78(1) of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (time limit for complaints).
3 In Schedule 1 to the Courts Reform (Scotland) Act 2014 (asp 17) (civil proceedings etc in which summary sheriff has competence), after paragraph 12 insert—

231 Reviews of operation of this Chapter

In the Counter-Terrorism and Security Act 2015, in section 44(2) (provisions the operation of which the person appointed under section 36(1) of the Terrorism Act 2006 is also responsible for reviewing), after paragraph (e) insert—

Chapter 2 Other provisions about terrorism and national security

232 Prevention of terrorism and state threats: weapons etc

1 In Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011, in paragraph 6A (weapons and explosives measure)—
a in sub-paragraph (1)—
i before paragraph (a) insert—
;
ii in paragraph (a) omit “offensive weapons,”;
b after sub-paragraph (1) insert—
;
c in sub-paragraph (2) omit the definition of “offensive weapon”.
2 In Schedule 7 to the National Security Act 2023 (prevention and investigation measures), in paragraph 7 (weapons and explosives measure)—
a in sub-paragraph (1)—
i before paragraph (a) insert—
;
ii in paragraph (a) omit “offensive weapons,”;
b after sub-paragraph (1) insert—
;
c in sub-paragraph (2) omit the definition of “offensive weapon”.
3 The amendments made by this section apply in relation to notices served before (as well as those served after) this section comes into force.

233 Offence of wearing or displaying articles in support of proscribed organisation

1 Section 13 of the Terrorism Act 2000 (offence of wearing or displaying articles in support of proscribed organisation) is amended as follows.
2 After subsection (1) insert—
3 In subsection (4)—
a in paragraph (a) after “(1)” insert “or (1ZA)”;
b in paragraph (b)—
i the words from “the evidence” to the end become sub-paragraph (i);
ii after that sub-paragraph insert
4 After subsection (6) insert—
5 In the Armed Forces Act 2006, after section 93ZD (inserted by section 172) insert—

234 Management of terrorist offenders

1 Schedule 26 amends Part 4 of the Counter-Terrorism Act 2008 (notification requirements) so as to enable courts to make notification orders in respect of persons who have committed certain domestic offences or service offences.
2 In section 43B of the Terrorism Act 2000 (terrorist offenders released on licence: arrest without warrant pending recall decision) in subsection (4) after paragraph (d) insert—

235 Sentences for offence of breaching foreign travel restriction order

Schedule 27 contains amendments about sentences for an offence under paragraph 15 of Schedule 5 to the Counter-Terrorism Act 2008 (breach of foreign travel restriction order).

236 Length of terrorism sentence with fixed licence period: Northern Ireland

1 In Article 7 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))—
a in paragraph (2) omit “Articles 13A, 14 and 15A and”;
b in paragraph (3) before sub-paragraph (a) insert—
.
2 The amendments made by this section apply in relation to convictions occurring on or after the day on which this section comes into force.

237 Terrorism offences excepted from defence for slavery or trafficking victims

1 Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply) is amended as follows.
2 In paragraph 29 (offences under the Terrorism Act 2000)—
a before the entry for section 54 insert—
;
b after the entry for section 57 insert—
.
3 In paragraph 31 (offences under the Anti-terrorism, Crime and Security Act 2001), after the entry for section 50 insert—
.
4 In paragraph 35 (offences under the Terrorism Act 2006)—
a before the entry for section 5 insert—
;
b after the entry for section 6 insert—
.
5 After paragraph 35 insert—
6 The amendments made by this section do not apply in relation to an offence committed before this section comes into force.

238 Ports and border security: retention and copying of articles

1 Schedule 7 to the Terrorism Act 2000 (port and border controls) is amended as follows.
2 In paragraph 11—
a in sub-paragraph (2)(a), for “a period not exceeding” substitute “the period of”;
b after sub-paragraph (2) insert—
3 In paragraph 11A, after sub-paragraph (3) insert—
4 Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border security) is amended as follows.
5 In paragraph 11—
a in sub-paragraph (2)(a), for “a period not exceeding” substitute “the period of”;
b after sub-paragraph (2) insert—
6 In paragraph 12(6), for “the person from whom it was taken” substitute
7 In paragraph 16(6)(b), for “the person from whom it was taken,” substitute
.
8 In paragraph 17, after sub-paragraph (3) insert—
9 In paragraph 19(3)(a), omit “where the examining officer is a constable,”.
10 In paragraph 20(8), in the definition of “senior officer”—
a in paragraph (a), omit “where the examining officer is a constable,”;
b omit paragraphs (b) and (c).

239 Prevention and investigation measures: online information

1 Paragraph 7 of Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011 (terrorism prevention and investigation measures: electronic communication devices) is amended as follows.
2 In sub-paragraph (4), after paragraph (e) insert—
.
3 After sub-paragraph (4) insert—
4 After sub-paragraph (6) insert—
5 Paragraph 8 of Schedule 7 to the National Security Act 2023 (prevention and investigation measures: electronic communication devices) is amended as follows.
6 In sub-paragraph (4), after paragraph (e) insert—
.
7 After sub-paragraph (4) insert—
8 After sub-paragraph (6)—

240 Duty to make statement about proscription regime

1 The Secretary of State must lay before Parliament, and publish, a statement about the general policies and procedures of the Secretary of State in relation to the Secretary of State’s powers under section 3 of the Terrorism Act 2000 (power to amend list of proscribed organisations).
2 The Secretary of State must comply with subsection (1) within six months of the day on which this Act is passed.

Part 16 Abortion

241 Removal of women from the criminal law related to abortion

For the purposes of the law related to abortion, including sections 58 and 59 of the Offences against the Person Act 1861 and the Infant Life (Preservation) Act 1929, no offence is committed by a woman acting in relation to her own pregnancy.

242 Provisions for pardons and criminal records of women prosecuted under abortion law

1 The Policing and Crime Act 2017 is amended as follows.
2 After section 165A insert—
3 In section 167 (sections 164 to 166: supplementary)—
a in subsection (1) after “165A” insert “or 165B”;
b in subsection (2) after “165A” insert “or 165B”.

Part 17 Miscellaneous and general

International law enforcement data-sharing agreements

243 Implementation of international law enforcement information-sharing agreements

1 The appropriate national authority may by regulations make such provision as the authority considers appropriate for the purpose of, or in connection with, implementing an international agreement so far as relating to the sharing of information for law enforcement purposes, as it has effect from time to time.
2 Subject to subsection (3), regulations under this section may provide that sharing of information in accordance with the regulations does not breach any restriction on the sharing of information (however imposed).
3 Regulations under this section may not require or authorise the making of a disclosure which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
4 In this section—
  • “appropriate national authority” has the meaning given in section 244;
  • “law enforcement purposes” means the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against, and the prevention of, threats to public security.

244 Meaning of “appropriate national authority”

1 In section 243, “appropriate national authority” means the Secretary of State, subject as follows.
2 The Scottish Ministers are also an appropriate national authority in relation to regulations under section 243 which contain only provision which would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament.
3 The Department of Justice in Northern Ireland is also an appropriate national authority in relation to regulations under section 243 which contain only provision which—
a would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of that Assembly, and
b would not, if contained in a Bill for such an Act, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
4 The Welsh Ministers are also an appropriate national authority in relation to regulations under section 243 which contain only provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown).
5 The consent of a Minister of the Crown is required before any provision is made by the Welsh Ministers in regulations under section 243 so far as that provision, if contained in an Act of Senedd Cymru, would require the consent of a Minister of the Crown.
6 In Schedule 7B to the Government of Wales Act 2006 (general restrictions on legislative competence of Senedd Cymru), in paragraph 11(6)(b) (exceptions to restrictions relating to Ministers of the Crown)—
a omit the “or” at the end of sub-paragraph (xii), and
b after sub-paragraph (xiii) insert
7 In this section, “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.

245 Consultation with devolved authorities about regulations under section 243

Before making regulations under section 243, the Secretary of State must consult—
a the Scottish Ministers about any provision in the regulations which could be made by those Ministers by virtue of section 244(2);
b the Department of Justice in Northern Ireland about any provision in the regulations which could be made by that Department by virtue of section 244(3);
c the Welsh Ministers about any provision in the regulations which could be made by those Ministers by virtue of section 244(4) (ignoring any requirement for the consent of a Minister of the Crown under section 244(5)).

Extradition

246 Extradition: cases where a person has been convicted

1 The Extradition Act 2003 is amended as follows.
2 In section 20 (case where person has been convicted: category 1 territories)—
a in subsection (5), for the words from “the person” to the end substitute
;
b after subsection (7) insert—
;
c in subsection (8), in the words before paragraph (a)—
i after “constitute” insert “(or would have constituted)”;
ii after “have” insert “(or would have had)”.
3 In section 85 (case where person has been convicted: category 2 territories)—
a in subsection (5), for the words from “the person” to the end substitute
;
b after subsection (7) insert—
;
c in subsection (8), in the words before paragraph (a)—
i after “constitute” insert “(or would have constituted)”;
ii after “have” insert “(or would have had)”.

OFCOM’s notices to providers of internet services

247 OFCOM’s notices to providers of internet services

1 In Chapter 5 of Part 1 of the Coroners and Justice Act 2009 (coroners: further provision to do with investigations and deaths), before section 32 insert—
2 The Online Safety Act 2023 is amended in accordance with subsections (3) and (4).
3 In section 101 (information in connection with an investigation into the death of a child)—
a in subsection (A1)(a), after “child,” insert “or (in England and Wales) notifies OFCOM of the death of a child as required by section 31A of the Coroners and Justice Act 2009,”;
b after subsection (G1) insert—
4 In section 102 (information notices), in subsection (5A)(c), for “for the period of one year beginning with the date of the notice,” substitute
.

Power to amend Online Safety Act 2023

248 Power to amend Online Safety Act 2023: AI

1 The Online Safety Act 2023 is amended as follows.
2 After section 216 insert—
3 In section 225 (Parliamentary procedure for regulations), in subsection (1), after paragraph (f) insert—
.

249 Section 248: duty to make progress report

1 The Secretary of State must, no later than 31 December 2026, lay before Parliament a report about the progress that has been made towards making regulations under section 216A of the Online Safety Act 2023 (power to amend Act in relation to illegal AI-generated content).
2 Subsection (1) does not apply if a draft of a statutory instrument containing regulations under that section is laid before Parliament before 31 December 2026.

Criminal liability of bodies and partnerships

250 Criminal liability of bodies corporate and partnerships where senior manager commits offence

1 Where a senior manager of a body corporate or partnership (“the organisation”) acting within the actual or apparent scope of their authority commits an offence under the law of England and Wales, Scotland or Northern Ireland, the organisation also commits the offence (subject to subsection (2)).
2 An organisation does not commit an offence by virtue of subsection (1) if—
a all of the conduct constituting the offence occurs outside the United Kingdom, and
b the organisation would not commit the offence if that conduct were the organisation’s (rather than the senior manager’s).
3 In this section—
  • “body corporate” includes a body incorporated outside the United Kingdom but does not include—
    1. a corporation sole, or
    2. a partnership that (whether or not a legal person) is not regarded as a body corporate under the law by which it is governed;
  • “partnership” means—
    1. a partnership within the meaning of the Partnership Act 1890,
    2. a limited partnership registered under the Limited Partnerships Act 1907, or
    3. a firm or other entity of a similar character to one within paragraph (a) or (b) formed under the law of a country or territory outside the United Kingdom;
  • “senior manager”, in relation to a body corporate or partnership, means an individual who plays a significant role in—
    1. the making of decisions about how the whole or a substantial part of the activities of the body corporate or partnership are to be managed or organised, or
    2. the managing or organising of the whole or a substantial part of those activities.
4 Proceedings for an offence alleged to have been committed by a partnership by virtue of this section must be brought in the name of the partnership (and not in that of any of the partners).
5 For the purposes of such proceedings—
a rules of court relating to the service of documents have effect as if the partnership were a body corporate, and
b the following provisions apply as they apply in relation to a body corporate—
i section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980;
ii sections 34(2), 66(6AA) and 72D(2) of the Criminal Procedure (Scotland) Act 1995;
iii section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).
6 A fine imposed on a partnership on its conviction for an offence committed by virtue of this section is to be paid out of the partnership assets.
7 In consequence of the provision made by this section, omit the following provisions of the Economic Crime and Corporate Transparency Act 2023—
a sections 196 to 198 (including the italic heading before those sections);
b in section 217, subsection (5)(f) and the words “197(1) or” in subsections (8) and (9);
c Schedule 12.

General

251 Powers to make consequential amendments etc

1 The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate in consequence of this Act.
2 The power in section 419(1) of the Sentencing Act 2020 (power to state effect of commencement provisions) applies in relation to any amendment or repeal made by or under this Act of that Act as it applies in relation to an amendment or repeal made by Schedule 22 to that Act.
3 The Scottish Ministers may by regulations make such provision within devolved competence as they consider appropriate in consequence of—
a sections 48 and 49;
b section 64(1) and Schedule 7;
c Chapter 2 of Part 4;
d sections 74 and 76;
e section 105;
f Chapter 5 of Part 5;
g section 141;
h section 189(3) and Schedule 23.
For this purpose, provision is “within devolved competence” if it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
4 The Department of Justice in Northern Ireland may by regulations make such transferred provision as it considers appropriate in consequence of—
a section 34;
b sections 39 to 41;
c section 43;
d sections 48 and 49;
e section 64(2) and Schedule 8;
f Chapter 2 of Part 4;
g section 73;
h section 104;
i Chapter 5 of Part 5;
j sections 134 to 136;
k section 138;
l section 189(2) and Schedule 22.
5 In subsection (4) “transferred provision” means provision that—
a would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and
b would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
6 Regulations under this section may amend, repeal or revoke legislation passed or made before, or in the same Session as, this Act.

252 Regulations

1 A power to make regulations includes power to make—
a consequential, supplementary, incidental, transitional, transitory or saving provision;
b different provision for different purposes or areas.
2 Regulations of the Secretary of State are to be made by statutory instrument.
3 The Secretary of State may not make a statutory instrument containing any of the following (whether alone or with other provision) unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—
a regulations under section 59(7), 67(1), 68(9), 77(6), 95, 110, 111, 112, 153, 156, 161, 175(2)(a) or (b), 176(7), 193, 195, or 206(1)(k), or Schedule 14 (except for paragraph 1);
b regulations under section 251(1) that amend primary legislation.
4 Any other statutory instrument made by the Secretary of State containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
5 This section does not apply to regulations under section 219(3).
6 In this section—
  • “primary legislation” means an Act of Parliament, an Act of the Scottish Parliament, an Act or Measure of Senedd Cymru, or Northern Ireland legislation;
  • “regulations” means regulations under any provision of this Act except section 255.

253 Regulations made by the Scottish Ministers, the Department of Justice or the Welsh Ministers

1 The following regulations (which are made by the Scottish Ministers) are subject to the affirmative procedure—
a regulations under section 67(2);
b regulations under section 251(3) that amend primary legislation;
c regulations under paragraph 10(4) of Schedule 7.
2 Any other regulations made by the Scottish Ministers under this Act are subject to the negative procedure.
3 For the meaning of “affirmative procedure” and “negative procedure”, see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).
4 A power of the Department of Justice in Northern Ireland to make regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
5 The following regulations may not be made unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly—
a regulations under section 67(3);
b regulations under section 251(4) that amend primary legislation;
c regulations under paragraph 10(6) of Schedule 8.
6 Any other regulations made by the Department of Justice in Northern Ireland under this Act are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954.
7 Regulations of the Welsh Ministers under this Act are to be made by Welsh statutory instrument.
8 Regulations made by the Welsh Ministers under section 243 are subject to the Senedd annulment procedure (see section 37E of the Legislation (Wales) Act 2019 (anaw 4)).
9 In this section—
  • “primary legislation” has the meaning given by section 252;
  • “regulations” means regulations under any provision of this Act except section 255.

254 Extent

1 Subject as follows, this Act extends to England and Wales only.
2 The following provisions extend to England and Wales, Scotland and Northern Ireland—
a Chapter 1 of Part 2;
b section 31;
c section 47(2)(d);
d sections 48(1) to (5) and 49;
e Chapter 2 of Part 4;
f section 69;
g section 72(3);
h sections 77 to 80 (except section 80(6)) and Schedule 10;
i section 81(4);
j section 83(2);
k section 84;
l section 97;
m section 99(5);
n sections 100 and 101;
o section 103 and Schedule 14;
p section 104(5);
q section 106(7);
r section 107(5);
s sections 108 to 112;
t section 114(5);
u section 118;
v section 120;
w section 122;
x section 125(1);
y section 127;
z section 145(9);
z1 Part 9 (except section 150(3));
z2 section 170 and Schedule 18;
z3 section 172;
z4 sections 173 to 177;
z5 section 179;
z6 section 190(2) to (4);
z7 sections 200 to 203;
z8 section 204(9);
z9 sections 205 to 212 and Schedule 25;
z10 Part 15 (except section 236 and Schedule 27);
z11 this Part (except section 247(1));
z12 paragraphs 16, 20 and 24 of Schedule 13.
3 The following provisions extend to England and Wales and Scotland—
a section 36(1), (3) and (5);
b section 37;
c section 38(1) and (2);
d section 42(1);
e section 119(1);
f section 125(2).
4 The following provisions extend to England and Wales and Northern Ireland—
a section 75(1) to (4);
b section 104(1) to (3);
c section 106(2) and (3);
d section 107(2) and (3),
e section 134(1);
f section 135;
g section 136(1) to (5).
5 Section 121 extends to Scotland and Northern Ireland.
6 The following provisions extend to Northern Ireland—
a section 34;
b section 39;
c section 40;
d section 41(1) to (3);
e section 43(1) to (3);
f section 64(2);
g section 70;
h section 125(3);
i section 130;
j section 133;
k section 138;
l section 140;
m section 189(2);
n section 236;
o Schedule 8;
p paragraphs 4(3) and 5(5) of Schedule 22.
7 The following provisions extend to Scotland—
a section 33;
b section 64(1);
c section 105;
d section 189(3);
e Schedule 7;
f Schedule 23.
8 Any amendment made by the following provisions has the same extent as the provision amended—
a section 10;
b section 29(1) to (3) (and section 29(4) has effect accordingly);
c section 35;
d section 36(4);
e section 38(3) and (4);
f section 41(4);
g section 42(2);
h section 43(4);
i section 44 and Schedule 5;
j section 71;
k section 73;
l section 74;
m section 75(5) and (6);
n section 76;
o section 115(2);
p section 119(2);
q section 124;
r section 126;
s section 137;
t section 141;
u section 150(3);
v sections 164 to 168;
w section 178;
x section 180;
y section 181;
z section 190(1);
z1 section 238;
z2 Schedule 11;
z3 Schedule 15;
z4 Schedule 19;
z5 Schedule 21;
z6 Schedule 22;
z7 Schedule 27.
9 Nothing in subsections (1) to (8) limits the extent within the United Kingdom of the armed forces provisions.
10 Section 384(1) and (2) of the Armed Forces Act 2006 (extent outside the United Kingdom) applies to the armed forces provisions as it applies to the provisions of that Act.
11 In this section “armed forces provision” means—
a a provision made, or inserted, by or under this Act so far as it is applied (by whatever words) by or under the Armed Forces Act 2006;
b an amendment, modification or repeal made by or under this Act of—
i a provision of or made under the Armed Forces Act 2006,
ii a provision that amends, modifies or repeals a provision of, or made under, that Act, or
iii any other provision, so far as the provision is applied (by whatever words) by or under that Act.

255 Commencement

1 Subject as follows, this Act comes into force on such day as the Secretary of State may by regulations appoint.
2 The following provisions come into force on the day on which this Act is passed—
a section 68, for the purposes of making regulations;
b section 69;
c section 70;
d section 84;
e section 181, for the purposes of making regulations;
f section 183, for the purposes of making regulations;
g sections 193 to 196 and Schedule 24;
h section 204, for the purposes of making rules;
i section 240;
j section 241;
k this Part except sections 246, 247 and 250.
3 The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—
a section 83;
b section 96;
c sections 108 to 112;
d section 164;
e section 167;
f section 168;
g sections 190 to 192;
h sections 200 to 203;
i section 232;
j sections 235 to 237;
k section 250;
l Schedule 27.
4 The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
5 Regulations of the Secretary of State under this section may make different provisions for different purposes or areas.
6 Regulations of the Secretary of State under this section are to be made by statutory instrument.
7 Sections 35, 48 and 49, and Chapter 5 of Part 5 (except section 125(2) and (3)) come into force—
a so far as extending to Scotland, on such day as the Scottish Ministers may by regulations appoint;
b so far as extending to Northern Ireland, on such day as the Department of Justice in Northern Ireland may by order appoint.
8 The following provisions come into force on such day as the Department of Justice in Northern Ireland may by order appoint—
a section 34;
b sections 39 and 40;
c section 41(1) to (3), and section 41(4) so far as extending to Northern Ireland;
d section 43(1) to (3), and section 43(4) so far as extending to Northern Ireland;
e section 64(2) and Schedule 8;
f section 71(2), (3) and (4)(b) so far as relating to an offence under section 48;
g section 73 so far as extending to Northern Ireland;
h section 104(1) to (3), so far as extending to Northern Ireland;
i section 125(3);
j sections 130 and 133;
k sections 134 to 136, so far as extending to Northern Ireland;
l section 138;
m section 189(2) and Schedule 22.
9 Section 140 comes into force on such day as the Department of Health in Northern Ireland may by order appoint.
10 The following provisions come into force on such day as the Scottish Ministers may by regulations appoint—
a section 33;
b sections 36 to 38, so far as extending to Scotland;
c section 64(1) and Schedule 7;
d sections 74 and 76, so far as extending to Scotland;
e section 105;
f section 189(3) and Schedule 23.
11 An order or regulations under subsection (7), (8), (9) or (10) may make—
a transitional or saving provision;
b different provision for different purposes.
12 For regulations made by the Scottish Ministers under subsection (7)(a) or (10), see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).
13 The power to make an order under subsection (7)(b), (8) or (9) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

256 Commencement: consultation requirements

1 Before making regulations under section 255(1) appointing a day on which any provision of Chapter 2 or 4 of Part 4, or section 125(1), comes into force, the Secretary of State must consult—
a the Scottish Ministers, and
b the Department of Justice in Northern Ireland.
2 Before making regulations under section 255(7)(a) appointing a day on which section 125(1) comes into force, the Scottish Ministers must consult—
a the Secretary of State, and
b the Department of Justice in Northern Ireland.
3 Before making an order under section 255(7)(b) appointing a day on which section 125(1) comes into force, the Department of Justice in Northern Ireland must consult—
a the Secretary of State, and
b the Scottish Ministers.

257 Short title

This Act may be cited as the Crime and Policing Act 2026.

Schedules

Schedule 1 

Youth injunctions, housing injunctions and consequential amendments

Section 2

Part 1 Amendments of the Anti-social Behaviour, Crime and Policing Act 2014

1 The Anti-social Behaviour, Crime and Policing Act 2014 is amended as set out in this Part.
2
1 Section 1 (power to grant injunctions) is amended as follows.
2 In the heading, after “grant” insert “youth”.
3 In subsection (1)—
a after “section” insert “(a “youth injunction”)”;
b after “over” insert “but under 18”.
4 In subsection (4), for “An injunction under this section” substitute “A youth injunction”.
5 After subsection (4) insert—
6 In subsection (5)—
a for “an injunction under this section” substitute “a youth injunction”;
b in paragraph (a), for the words from “works” to “establishment” substitute “attends school or any other educational establishment, or at which the respondent normally works”;
c in paragraph (b), for “may be” substitute “is”.
7 For subsection (6) substitute—
8 In subsection (7), for “An injunction under this section” substitute “A youth injunction”.
9 For subsection (8) substitute—
10 At the end insert—
3 After section 1 insert—
4
1 Section 2 (meaning of “anti-social behaviour”) is amended as follows.
2 In the heading, for ““anti-social behaviour”” substitute ““housing-related anti-social conduct””.
3 In subsection (1)—
a for ““anti-social behaviour”” substitute ““housing-related anti-social conduct””;
b omit paragraph (a).
4 In subsection (2), for “section 1” substitute “this Part”.
5 In section 3 (requirements included in injunctions), for “section 1”, in both places it occurs, substitute “this Part”.
6
1 Section 4 (power of arrest) is amended as follows.
2 In subsection (1)—
a for “section 1” substitute “this Part”;
b in paragraph (a), for “anti-social behaviour” substitute “relevant conduct”.
3 At the end insert—
7
1 Section 5 (applications for injunctions) is amended as follows.
2 In subsection (1), for “section 1” substitute “this Part”.
3 In subsection (3), for “anti-social behaviour” substitute “relevant conduct”.
4 After subsection (4) insert—
8 In section 6 (applications without notice), in subsection (1), for “section 1” substitute “this Part”.
9 In section 7 (interim injunctions)—
a in subsection (1), for “section 1” substitute “this Part”;
b in subsection (2), for “that section” substitute “this Part”.
10
1 Section 8 (variation or discharge of injunctions) is amended as follows.
2 In subsection (1), for “section 1” substitute “this Part”.
3 For subsection (2) substitute—
11
1 Section 9 (arrest without warrant) is amended as follows.
2 In subsection (1), for “section 1” substitute “this Part”.
3 In subsection (3), omit paragraphs (a) to (c) and insert—
4 In subsection (5), omit “or (b)”.
5 In subsection (6), for “(c)” substitute “(b)”.
12
1 Section 10 (issue of arrest warrant) is amended as follows.
2 In subsection (1), for “section 1” substitute “this Part”.
3 In subsection (2), omit paragraphs (a) to (c) and insert—
4 In subsection (6)—
a for “before—” substitute “before the youth court that granted the injunction.”;
b omit paragraphs (a) and (b).
13 In section 12 (powers in respect of under-18s), before “injunctions” insert “youth”.
14
1 Section 13 (power to exclude person from home), subsection (1) is amended as follows.
2 In the words before paragraph (a), for “An injunction under section 1” substitute “A housing injunction”.
3 Omit paragraph (a).
4 In paragraph (c)(i), for “anti-social behaviour” substitute “housing-related anti-social conduct”.
15 Before section 14 (but after the italic heading before that section) insert—
16
1 Section 14 (requirements to consult etc) is amended as follows.
2 In subsection (1)—
a in the words before paragraph (a), for “section 1” substitute “this Part”;
b in paragraph (a)—
i at the beginning insert “in the case of a youth injunction,”;
ii omit the words from “, if” to the end;
c in paragraph (b)—
i at the beginning insert “in any case,”;
ii for “other” substitute “(or, where paragraph (a) applies, any other).”
3 In subsection (2)—
a in paragraph (a), at the beginning insert “in the case of a youth injunction,”;
b in paragraph (b)—
i at the beginning insert “in any case,”;
ii for “other” substitute “(or, where paragraph (a) applies, any other)”.
4 In subsection (3)—
a in the words before paragraph (a), for “section 1” substitute “this Part”;
b in paragraph (a), at the beginning insert “in the case of a youth injunction,”;
c in paragraph (b)—
i at the beginning insert “in any case,”;
ii for “other” substitute “(or, where paragraph (a) applies, any other)”.
17
1 Section 18 (rules of court) is amended as follows.
2 In subsection (1), for “section 1” substitute “this Part”.
3 In subsection (2)—
a in the words before paragraph (a), for “an injunction under section 1” substitute “a housing injunction or a respect order”;
b in paragraph (a), for “an injunction under that section” substitute “a youth injunction”.
4 In subsection (3)—
a in the words before paragraph (a), for “under this Part” substitute “on an application for a youth injunction”;
b in paragraph (a), at the end insert “and for the application to be treated as an application for a housing injunction or a respect order (as the court to which the proceedings are transferred considers appropriate)”.
18 In section 19 (guidance), in subsection (1), for “section 1” substitute “this Part”.
19
1 In section 20 (interpretation etc), subsection (1) is amended as follows.
2 In the definition of “anti-social behaviour”, for “section 2” substitute “section 1(9)”.
3 For the definition of “respondent” substitute—
.
4 At the appropriate places, insert—
;
;
;
20 In section 101 (the community remedy document), in subsection (9), for the definition of “anti-social behaviour” substitute—
.
21
1 Section 102 (anti-social behaviour etc: out-of-court disposals) is amended as follows.
2 In subsection (1), in paragraph (c), for “an injunction under section 1” substitute “a respect order under section A1 or an injunction under Part 1”.
3 In subsection (6), for the definition of “anti-social behaviour” substitute—
.
22
1 Schedule 2 (breach of injunctions: powers of court in respect of under-18s) is amended as follows.
2 In the heading, before “injunctions” insert “youth”.
3 In paragraph 1(1), for “an injunction under section 1” substitute “a youth injunction”.

Part 2 Consequential amendments of other Acts

Housing Act 1985 (c. 68)

23
1 Section 84A of the Housing Act 1985 (absolute ground for possession for anti-social behaviour) is amended as follows.
2 In subsection (4)—
a for “section 1” substitute “Part 1”;
b after “2014” insert “or a respect order”.
3 In subsection (9), for the definition of “relevant proceedings”, substitute—
.
24 In Schedule 3 to that Act (grounds for withholding consent to assignment by way of exchange), in Ground 2A, in the definition of “relevant order”, for “an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014” substitute—
.

25 Housing Act 1988 (c. 50)

1 In Part 1 of Schedule 2 to the Housing Act 1988 (grounds on which court must order possession of dwelling-houses let on assured tenancies), Ground 7A is amended as follows.
2 In condition 2, in the words before paragraph (a)—
a for “section 1” substitute “Part 1”;
b after “2014” insert “or a respect order”.
3 In the list of definitions for the purposes of Ground 7A, for the definition of “relevant proceedings” substitute—
.

26 Police Reform Act 2002 (c. 30)

In section 50 of the Police Reform Act 2002 (persons engaging in anti-social behaviour), for subsection (1A) substitute—

27 Localism Act 2011 (c. 20)

In Schedule 14 to the Localism Act 2011 (grounds on which landlord may refuse to surrender and grant tenancies under section 158), in paragraph 6(4), in the definition of “relevant order”—
a after paragraph (e) insert—
;
b in paragraph (f), for “section 1 of the Anti-social Behaviour, Crime and Policing Act 2014” substitute “Part 1 of that Act”.

28 Sentencing Code

In section 80(3) of the Sentencing Code (list of circumstances where an order for conditional discharge is not available), after paragraph (c) insert—
.

Schedule 2 

Closure of premises by registered social housing provider

Section 5

1 The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.
2 In section 76 (power to issue closure notices)—
a in subsection (1)—
i omit “or”, in the first place it appears;
ii after “authority,” insert “or a registered social housing provider (“RSH provider”),”;
b after subsection (1) insert—
;
c in subsection (7)—
i for “or local authority” substitute “, local authority or RSH provider”;
ii for “or authority” substitute “, authority or provider”.
3 In section 77 (duration of closure notices)—
a in subsection (2)—
i omit “or” at the end of paragraph (a);
ii after paragraph (b) insert
;
b in subsection (4)—
i omit “or” at the end of paragraph (a);
ii after paragraph (b) insert
;
c after subsection (6) insert—
4 In section 78 (cancellation or variation of closure notices)—
a in subsections (1), (2), (3) and (6), for “officer or authority” substitute “person”;
b after subsection (4), insert—
;
c in subsection (5)—
i after “local authority” insert “or RSH provider”;
ii after “section 77(4)(b)” insert “or (c) (as the case may be)”;
d in subsection (6), after paragraph (c) insert—
5 In section 79 (service of notices)—
a in subsection (1), after paragraph (b) insert
;
b in subsections (2), (3) and (4), omit “local authority”;
c after subsection (5) insert—
6 In section 80 (power of court to make closure orders), in subsection (2), after paragraph (b) insert—
7 In section 82 (extension of closure orders)—
a in subsection (2), after paragraph (b) insert—
;
b in subsection (3)—
i for “or local authority” substitute “, local authority or RSH provider”;
ii for “the appropriate consultee has been consulted” substitute “appropriate consultation”;
iii after “application” insert “has been carried out”;
c for subsection (4) substitute—
8 In section 83 (discharge of closure orders)—
a in subsection (2), after paragraph (b) insert—
;
b after subsection (6) insert—
9 In section 84 (appeals), after subsection (3) insert—
10 In section 85 (enforcement of closure orders), in subsection (2), after paragraph (b) insert
11 In section 87 (access to other premises), in subsection (3), after paragraph (b) insert—
.
12 In section 88 (reimbursement of costs)—
a in subsection (1), for “or a local authority” substitute “, a local authority or an RSH provider”;
b in subsection (5)—
i in paragraph (a), after “authority” insert “or an RSH provider”;
ii in paragraph (b), after “body” insert “or an RSH provider”;
c after subsection (5) insert—
13 In section 89 (exemption from liability)—
a after subsection (2) insert—
;
b in subsection (3), for “and (2)” substitute “to (2A)”;
c in subsection (4), for “and (2)” substitute “to (2A)”.
14 In section 91 (guidance), in subsection (1)(b), after “authorities” insert “and RSH providers”.
15 In section 92 (interpretation)—
a in subsection (1), insert at the appropriate place—
;
b after subsection (3), insert—

Schedule 3 

LPB case reviews: supplementary provision

Section 6

This is the Schedule to be inserted after Schedule 4 to the Anti-social Behaviour, Crime and Policing Act 2014—

Schedule 4 

Civil penalties for service providers and content managers

Section 19

1 Introduction

In this Schedule—
  • “penalty notice” means a penalty notice under section 19 or 24;
  • “relevant officer”—
    1. in relation to a penalty notice under section 19, means the coordinating officer;
    2. in relation to a penalty notice under section 24, means the senior authorised officer of the issuing force who proposes to give the notice;
  • “respondent”—
    1. in relation to a penalty notice under section 19, means the service provider to which the notice is to be given;
    2. in relation to a penalty notice under section 24, means the service provider to which, or the content manager to whom, the notice is to be given.

2 Notice of intent to issue penalty

1 The relevant officer may give a penalty notice only after—
a the officer has given the respondent a notice of intent,
b the period for the respondent to make representations in accordance with the notice of intent has expired, and
c the officer has considered such representations (if any).
2 A “notice of intent” is a notice—
a specifying that the relevant officer proposes to give a penalty notice, the officer’s reasons for doing so and the proposed amount of the penalty,
b inviting the respondent to make representations to the officer about the proposal, and
c specifying the means by which, and the period within which, any representations must be made.
3 The period specified under sub-paragraph (2)(c) must be at least 28 days beginning with the day on which the notice of intent is given.

3 Contents of a penalty notice

1 A penalty notice must—
a give reasons for the imposition of the penalty;
b specify the amount of the penalty and how it is to be paid;
c specify the period within which the penalty must be paid;
d contain details of the right of appeal against the penalty (see paragraph 6);
e set out the consequences of not paying the penalty.
2 The period specified under sub-paragraph (1)(c) must be at least 28 days beginning with the day on which the penalty notice is given.

4 Withdrawal of notice of intent or penalty notice

The relevant officer may at any time withdraw a notice of intent or penalty notice by giving notice to that effect to the respondent.

5 Excuse for non-compliance with content removal notice requirements

1 This paragraph applies where a penalty notice is given under section 24.
2 The respondent is excused from paying the penalty if the respondent shows that they took all reasonable steps to comply with the content removal notice or (as the case may be) decision notice.
3 A penalty notice under section 24 (or a notice of intent) may be given without the relevant officer having established whether sub-paragraph (2) applies in respect of the respondent.

6 Appeal

1 The respondent may appeal to the court against a decision to give a penalty notice.
2 The grounds for appeal are—
a that the decision was based on an error of fact;
b that the decision was wrong in law;
c that the amount of the penalty was unreasonable;
d in a case to which paragraph 5 applies, that the respondent is excused from payment by virtue of sub-paragraph (2) of that paragraph;
e any other reason.
3 Any appeal must be brought before the end of the period of 28 days beginning with the day on which the penalty notice was given.
4 The court may—
a allow the appeal and cancel the penalty,
b allow the appeal and reduce the amount of the penalty, or
c dismiss the appeal.
5 An appeal is to be a re-hearing of the relevant officer’s decision to impose the penalty and is to be determined having regard to any matter which the court considers relevant (which may include matters of which the officer was unaware).
6 Sub-paragraph (5) has effect despite any provision of rules of court.
7 In this paragraph “the court” means—
a the county court, if the appeal relates to a penalty notice given to—
i a content manager who is habitually resident in England and Wales,
ii a service provider where the provider’s registered office, or principal office in the United Kingdom, is in England and Wales, or
iii a service provider where the provider has no office in the United Kingdom;
b a sheriff or summary sheriff, if the appeal relates to a penalty notice given to—
i a content manager who is habitually resident in Scotland, or
ii a service provider where the provider’s registered office, or principal office in the United Kingdom, is in Scotland;
c a county court in Northern Ireland, if the appeal relates to a penalty notice given to—
i a content manager who is habitually resident in Northern Ireland, or
ii a service provider where the provider’s registered office, or principal office in the United Kingdom, is in Northern Ireland.

7 Enforcement etc

1 A sum payable as a penalty under section 19 may be recovered as a debt due—
a if the coordinating officer is a member of a relevant police force, to the chief officer of that force, or
b if the coordinating officer is a National Crime Agency officer, to the Secretary of State.
2 A sum payable as a penalty under section 24 may be recovered as a debt due to—
a the chief officer of the issuing force, or
b if the issuing force is the National Crime Agency, to the Secretary of State.
3 An amount paid by way of a penalty under section 19 or 24 must be paid into the Consolidated Fund.

Schedule 5 

Sound moderators etc: exemptions

Section 44

1 Firearms Act 1968

1 The Firearms Act 1968 is amended as follows.
2 In section 7(1)—
a the words from “a firearm” to the end become paragraph (a);
b at the end insert—
3 In section 8—
a in subsection (1) for the words from “, have” to “ammunition” substitute—
;
b in subsection (1A)—
i after “ammunition”, in the first place it occurs, insert “, or the possession of a relevant accessory,”;
ii for “or ammunition”, in the second place it occurs, substitute “, ammunition or relevant accessory”;
iii after “of, or” insert “firearm or ammunition is”.
4 In section 9(1) for “or ammunition” substitute “, ammunition or a relevant accessory”.
5 In section 11—
a in subsection (1) for “or ammunition”—
i in the first place it occurs, substitute “, ammunition or a relevant accessory”;
ii in the second and third places it occurs, substitute “, ammunition or relevant accessory”;
b in subsection (4)—
i omit the “and” at the end of paragraph (a);
ii at the end of paragraph (b) insert
.
6 In section 11A at the end insert—
7 In section 12(1) after “firearm” insert “or relevant accessory”.
8 In section 13(1)—
a in paragraph (a)—
i for “or ammunition”, in the first place it occurs, substitute “, ammunition or a relevant accessory”;
ii for “or ammunition therefor” substitute “, or ammunition or a relevant accessory therefor,”;
b in paragraph (b)—
i for “or ammunition”, in the first place it occurs, substitute “, or ammunition or a relevant accessory”;
ii for “or ammunition”, in the second place it occurs, substitute “, or ammunition or relevant accessory”;
iii omit the “and” at the end;
c after paragraph (c) insert—

2 Firearms (Amendment) Act 1988

1 The Firearms (Amendment) Act 1988 is amended as follows.
2 In section 15—
a in subsection (1) for “and ammunition” substitute “, ammunition and a relevant accessory”;
b in subsection (2) for “or ammunition” substitute “, ammunition or relevant accessories”.
3 In section 16A(1) for “and ammunition” substitute “, ammunition and a relevant accessory”.
4 In section 16B(1) for “and ammunition” substitute “, ammunition and a relevant accessory”.
5 In section 17 after subsection (1) insert—
6 In section 25(4) (interpretation), for “or ammunition” substitute “, ammunition or relevant accessory”.
7 In paragraph 1 of the Schedule, in sub-paragraphs (2)(a), (3) and (4) for “and ammunition” substitute “, ammunition and relevant accessories”.

Schedule 6 

CCE prevention orders on conviction

Section 63

1 In Part 11 of the Sentencing Code, after Chapter 2 insert—
2 In section 80(3) of the Sentencing Code (list of circumstances where an order for conditional discharge is not available) after paragraph (e) insert—
.

Schedule 7 

CCE prevention orders: Scotland

Section 64(1)

1 Power to make CCE prevention order

1 This paragraph applies if—
a the Chief Constable of the Police Service of Scotland, in accordance with paragraph 3, makes an application to a sheriff for a CCE prevention order in respect of a person,
b the Sheriff Appeal Court or the High Court allows a person’s appeal against a conviction for any offence,
c a person is acquitted of any offence by or before a court by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995,
d a court finds under section 53F of the Criminal Procedure (Scotland) Act 1995 that a person is unfit for trial and has done the act charged against them in respect of any offence, or
e a court deals with a person convicted of an offence for that offence.
2 The court may make an order under paragraph 2 (a “CCE prevention order”) in respect of the person (“the adult”) if they are aged 18 or over and the conditions in sub-paragraphs (3) to (5) are met.
3 The first condition is that—
a in any case, the court is satisfied on the balance of probabilities that the adult has engaged in child criminal exploitation or in conduct associated with child criminal exploitation, or
b in a case within paragraph (c), (d) or (e) of sub-paragraph (1), the offence in question is an offence under section 48.
4 The second condition is that the court considers that there is a risk that the adult will engage in child criminal exploitation.
5 The third condition is that the court considers that it is necessary to make the order to prevent the adult from engaging, or reduce the likelihood of the adult engaging, in child criminal exploitation.
6 In sub-paragraph (3)—
a in paragraph (a), the reference to engaging in anything includes engaging in it before (as well as after) the time when this paragraph comes into force;
b paragraph (b) applies in relation to findings made in respect of conduct occurring before (as well as after) that time.
7 In this paragraph—
a a reference to an adult “engaging in child criminal exploitation” is to the adult—
i doing anything that constitutes an offence under section 48 (as it has effect in Scotland), or
ii doing anything in England and Wales or Northern Ireland that would constitute an offence under section 48 (as it has effect in Scotland) if done in Scotland;
b a reference to an adult “engaging in conduct associated with child criminal exploitation” is to the adult doing anything, in any part of the United Kingdom, that is associated with the doing of anything within paragraph (a)(i) or (ii).

2 CCE prevention orders

1 A CCE prevention order is an order which—
a prohibits the adult from doing anything described in the order;
b requires that adult to do anything described in the order.
The order may in particular require the adult to comply with paragraph 6 (notification requirements).
2 A court may include a prohibition or requirement only if it considers it necessary for the purpose of preventing the adult from engaging, or reducing the likelihood of the adult engaging, in child criminal exploitation.
3 Prohibitions and requirements must, so far as practicable, be such as to avoid—
a any conflict with any religious beliefs of the adult;
b any interference with the times, if any, at which the adult normally works or attends any educational establishment;
c any conflict with the prohibitions and requirements of any other court order or interdict to which the adult is subject.
4 A prohibition or requirement applies throughout the United Kingdom unless expressly limited to a particular area.
5 A CCE prevention order must—
a specify the period for which it has effect, which must be at least two years, or
b state that it has effect until further order.
6 Where, in a case within paragraph 1(1)(e)—
a the adult has been remanded in custody by an order of a court, or
b a custodial sentence has been imposed on the adult or the adult is serving or otherwise subject to a such a sentence,
a CCE prevention order may provide that it does not take effect until the adult is released from custody.
7 A CCE prevention order may specify periods for which particular prohibitions or requirements have effect.
8 Where a court makes a CCE prevention order in respect of a person who is already subject to such an order, the earlier order ceases to have effect.

3 Applications for CCE prevention orders

1 The Chief Constable of the Police Service of Scotland may make an application for a CCE prevention order.
2 An application under this paragraph must be made to the sheriff in whose sheriffdom—
a the adult lives, or
b the Chief Constable of the Police Service of Scotland believes that adult is in or is intending to come to.

4 Interim CCE prevention orders

1 This paragraph applies where the sheriff adjourns the hearing of an application for a CCE prevention order made under paragraph 3.
2 The sheriff may, if they consider it necessary to do so, make a CCE prevention order lasting for a fixed period or until the determination of the application (an “interim CCE prevention order”). Paragraph 2(5) does not apply in relation to an interim CCE prevention order.
3 The only requirement that may be imposed by an interim CCE prevention order on the adult is a requirement to comply with paragraph 6 (notification requirements).
4 Subject to that, the sheriff has the same powers in relation to an interim CCE prevention order as in relation to an order made at a final hearing.
5 Nothing in sub-paragraph (2) prevents the variation of the duration of an interim CCE prevention order, or the discharge of such an order, under paragraph 7.

5 CCE prevention orders in criminal proceedings: procedural powers

1 This paragraph applies in the circumstances mentioned in sub-paragraph (1)(b), (c), (d) or (e) of paragraph 1.
2 The court may make a CCE prevention order—
a at its own instance, or
b on the motion of the Lord Advocate, Crown Counsel or procurator fiscal (or any person duly authorised to represent or act for them).
3 For the purpose of deciding whether to make a CCE prevention order, the court may consider evidence led by the prosecution and evidence led by the adult.
4 It does not matter whether the evidence would have been admissible in the proceedings giving rise to the circumstances referred to in sub-paragraph (1).
5 The court may adjourn any proceedings relating to the making of a CCE prevention order.
6 If the adult does not appear for any adjourned proceedings, the court may—
a further adjourn the proceedings,
b issue a warrant for the adult’s arrest, or
c hear the proceedings in the adult’s absence.
7 The court may act under sub-paragraph (6)(b) only if satisfied that the adult has had adequate notice of the time and place of the adjourned proceedings.
8 The court may act under sub-paragraph (6)(c) only if satisfied that the adult—
a has had adequate notice of the time and place of the adjourned proceedings, and
b has been informed that if the adult does not appear for those proceedings, the court may hear the proceedings in the adult’s absence.
9 Nothing in this paragraph limits any other powers of the court.

6 Notification requirements

1 This paragraph applies where a CCE prevention order requires the adult to comply with this paragraph.
2 Before the end of the period of three days beginning with the day on which a CCE prevention order requiring the adult to comply with this paragraph is first served, the adult must notify to the police—
a the adult’s name and, where the adult uses one or more other names, each of those names, and
b the adult’s home address.
3 If, while the adult is required to comply with this paragraph, the adult—
a uses a name which has not been notified under the order, or
b changes home address,
the adult must notify, to the police, the new name or the new home address.
4 A notification under sub-paragraph (3) must be given before the end of the period of three days beginning with the day on which the adult uses the name or changes home address.
5 A notification under this paragraph must be made—
a by attending at a police station for the time being specified in the document published under sub-paragraph (6) and giving an oral notification to a constable, or to a person authorised for the purpose by the officer in charge of the station, or
b in a way specified in the CCE prevention order.
6 The Chief Constable of the Police Service of Scotland must publish, in such manner as the Chief Constable thinks fit, a document containing the name and address of each police station at which a person may give a notification under this paragraph.
7 The Chief Constable of the Police Service of Scotland must keep under review a document published under this paragraph and may, from time to time, publish a revised version of the document in such manner as the Chief Constable thinks fit.
8 A notification under this paragraph must be acknowledged in writing.
9 In this paragraph “home address” means—
a the address of the adult’s sole or main residence in the United Kingdom, or
b where the adult has no such residence, the address or location of a place in the United Kingdom where the adult can regularly be found and, if there is more than one such place, such one of those places as the adult may select.
10 In determining the period of three days mentioned in sub-paragraph (2) or (4), no account is to be taken of any time when the adult is—
a lawfully detained or otherwise lawfully deprived of their liberty, in the United Kingdom, or
b outside the United Kingdom.

7 Variation and discharge of CCE prevention orders made on application

1 This paragraph applies where a person mentioned in sub-paragraph (2) applies to the appropriate sheriff for the variation or discharge of a CCE prevention order made in the circumstances mentioned in paragraph 1(1)(a).
2 The persons are—
a the adult;
b the Chief Constable of the Police Service of Scotland.
3 On the application, the appropriate sheriff may (after hearing from the applicant and, if the other person mentioned in sub-paragraph (2) wishes to be heard, that person) make any order varying or discharging the order that the appropriate sheriff considers appropriate. This is subject to sub-paragraph (7).
4 The power to vary an order includes power to—
a include an additional prohibition or requirement;
b extend the period for which a prohibition or requirement has effect;
c extend the period for which the order has effect.
5 The appropriate sheriff may make provision of a kind mentioned in sub-paragraph (4) only if they consider that the provision is necessary to prevent the adult from engaging, or reduce the likelihood of the adult engaging, in child criminal exploitation.
6 Sub-paragraphs (3), (4) and (7) of paragraph 2 apply to additional prohibitions or requirements included on a variation of an order.
7 The appropriate sheriff may not discharge an order before the end of the period of two years beginning with the day on which the order was made, without the consent of the adult and the Chief Constable of the Police Service of Scotland. This sub-paragraph does not apply to an interim CCE prevention order.
8 In this paragraph “the appropriate sheriff” means—
a the sheriff who made the order,
b a sheriff in the sheriffdom of that sheriff, or
c a sheriff in the sheriffdom—
i in which the adult is resident at the time of the application,
ii in which the chief constable believes that adult to be, or
iii to which the chief constable believes that adult intends to come.

8 Variation and discharge of CCE prevention orders made in criminal proceedings

1 This paragraph applies where a person mentioned in sub-paragraph (2) applies to a relevant court for the variation or discharge of a CCE prevention order made in the circumstances mentioned in sub-paragraph (1)(b), (c), (d) or (e) of paragraph 1.
2 The persons are—
a the adult;
b the Lord Advocate, Crown Counsel or procurator fiscal (and any person duly authorised to represent or act for them).
3 On the application, the court may (after hearing from the applicant and, if the other person mentioned in sub-paragraph (2) wishes to be heard, that person) make any order varying or discharging the order that the court considers appropriate. This is subject to sub-paragraph (7).
4 The power to vary an order includes power to—
a include an additional prohibition or requirement;
b extend the period for which a prohibition or requirement has effect;
c extend the period for which the order has effect.
5 The court may make provision of a kind mentioned in sub-paragraph (4) only if it considers that the provision is necessary to prevent the adult from engaging, or reduce the likelihood of the adult engaging, in child criminal exploitation.
6 Sub-paragraphs (3), (4) and (7) of paragraph 2 apply to additional prohibitions or requirements included on a variation of an order.
7 The court may not discharge an order before the end of the period of two years beginning with the day on which the order was made, without the consent of the adult and the Chief Constable of the Police Service of Scotland. This sub-paragraph does not apply to an interim CCE prevention order.
8 In this paragraph “relevant court” means—
a where the High Court made the order, that court;
b where the sheriff made the order, the sheriff.

9 Appeals

1 The adult or the Chief Constable of the Police Service of Scotland may appeal to the relevant court against a decision made—
a on an application under paragraph 3 (applications for CCE prevention orders);
b under paragraph 4 (interim CCE prevention orders);
c on an application under paragraph 7 (variation and discharge of CCE prevention orders made on application);
d on an application under paragraph 8 (variation and discharge of CCE prevention orders made in criminal proceedings).
2 In this paragraph “relevant court” means—
a in the case of a decision of a sheriff court, the Sheriff Appeal Court;
b in the case of a decision of the High Court, the High Court.
3 On an appeal under sub-paragraph (1) the relevant court may make—
a such orders as may be necessary to give effect to its determination of the appeal, and
b such incidental and consequential orders as appear to it to be appropriate.
4 Where a CCE prevention order is made by virtue of sub-paragraph (1)(b), (c), (d) or (e) of paragraph 1, the order is taken to be a sentence for the purposes of any appeal.
5 Where a CCE prevention order is made on appeal, for the purposes of this Schedule (other than this paragraph) the order is to be treated as made by the court from which the appeal was made.

10 Offence of breaching CCE prevention order

1 A person who, without reasonable excuse, fails to comply with an order mentioned in sub-paragraph (2) commits an offence.
2 The orders are—
a a CCE prevention order;
b a CCE prevention order under Chapter 1 of Part 4 (CCE prevention orders on application or acquittal etc. in England and Wales);
c a CCE prevention order under Chapter 2A of Part 11 of the Sentencing Code (CCE prevention orders on conviction in England and Wales);
d a CCE prevention order under Schedule 8 (CCE prevention orders in Northern Ireland).
3 A person who commits an offence under this paragraph is liable—
a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
b on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).
4 The Scottish Ministers may by regulations amend sub-paragraph (2) so as to add to or remove from the list of orders any relevant UK order.
5 In proceedings for an offence under this paragraph, a copy of the original order mentioned in sub-paragraph (2), certified by the proper officer of the court that made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those matters is admissible in those proceedings.
6 “Relevant UK order” means an order under the law of England and Wales or Northern Ireland which appears to the Scottish Ministers to be equivalent or similar to a CCE prevention order.

11 Offences relating to notifications

1 This paragraph applies where a CCE prevention order requires a person to comply with paragraph 6 (notification requirements).
2 The person commits an offence if—
a without reasonable excuse, they fail to comply with that paragraph, or
b in purported compliance with that paragraph, they notify to the police any information which they know to be false.
3 A person who commits an offence under this paragraph is liable—
a on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
b on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).
4 A person commits an offence under sub-paragraph (2)(a) on the day on which they first fail, without reasonable excuse, to comply with paragraph 6.
5 The person continues to commit the offence throughout any period during which the failure continues.
6 But the person may not be prosecuted more than once in respect of the same failure.
7 Paragraph 10(5) applies for the purposes of this paragraph.

12 Interpretation

In this Schedule—
  • “adult” has the meaning given by paragraph 1;
  • “CCE prevention order”, except in paragraph 10(2)(b) to (d), means an order under paragraph 2 (and accordingly includes an interim order made by virtue of paragraph 4);
  • “engaging in child criminal exploitation” has the meaning given by paragraph 1 (and related expressions are to be construed accordingly);
  • “High Court” means the High Court of Justiciary.

Schedule 8 

CCE prevention orders: Northern Ireland

Section 64(2)

1 Power to make CCE prevention order

1 This paragraph applies if—
a an application for a CCE prevention order in respect of a person is made to a magistrates’ court, in accordance with paragraph 3,
b a person is acquitted of any offence by or before a court,
c the County Court allows a person’s appeal against a conviction for any offence,
d a court deals with a person in respect of a finding that—
i the person is not guilty of any offence by reason of insanity, or
ii the person is unfit to plead and has done the act charged against them in respect of any offence, or
e a court deals with a person convicted of an offence for that offence.
2 The court may make an order under paragraph 2 (a “CCE prevention order”) in respect of the person (“the defendant”) if they are aged 18 or over and the conditions in sub-paragraphs (3) to (5) are met.
3 The first condition is that—
a in any case, the court is satisfied on the balance of probabilities that the defendant has engaged in child criminal exploitation or in conduct associated with child criminal exploitation, or
b in a case within paragraph (d) or (e) of sub-paragraph (1), the offence in question is an offence under section 48.
4 The second condition is that the court considers that there is a risk that the defendant will engage in child criminal exploitation.
5 The third condition is that the court considers that it is necessary to make the order to prevent the defendant from engaging, or reduce the likelihood of the defendant engaging, in child criminal exploitation.
6 In sub-paragraph (3)—
a in paragraph (a), the reference to engaging in anything includes engaging in it before (as well as after) the time when this paragraph comes into force;
b paragraph (b) applies in relation to findings made in respect of conduct occurring before (as well as after) that time.
7 In this paragraph—
a a reference to the defendant “engaging in child criminal exploitation” is to the defendant—
i doing anything that constitutes an offence under section 48 (as it has effect in Northern Ireland), or
ii doing anything in England and Wales or Scotland that would constitute an offence under section 48 (as it has effect in Northern Ireland) if done in Northern Ireland;
b a reference to the defendant “engaging in conduct associated with child criminal exploitation” is to the adult doing anything, in any part of the United Kingdom, that is associated with the doing of anything within paragraph (a)(i) or (ii).

2 CCE prevention orders

1 A CCE prevention order is an order which—
a prohibits the defendant from doing anything described in the order;
b requires the defendant to do anything described in the order.
The order may in particular require the defendant to comply with paragraph 7 (notification requirements).
2 A court may include a prohibition or requirement only if it considers it necessary for the purpose of preventing the defendant from engaging, or reducing the likelihood of the defendant engaging, in child criminal exploitation.
3 Prohibitions and requirements must, so far as practicable, be such as to avoid—
a any conflict with any religious beliefs of the defendant;
b any interference with the times, if any, at which the defendant normally works or attends any educational establishment;
c any conflict with the prohibitions and requirements of any other court order or injunction to which the defendant is subject.
4 A prohibition or requirement applies throughout the United Kingdom unless expressly limited to a particular area.
5 A CCE prevention order must—
a specify the period for which it has effect, which must be—
i at least five years in a case within paragraph 1(1)(e);
ii at least two years in any other case, or
b state that it has effect until further order.
6 Where, in a case within paragraph 1(1)(e)—
a the defendant has been remanded in or committed to custody by an order of a court, or
b a custodial sentence has been imposed on the defendant or the defendant is serving or otherwise subject to a such a sentence,
a CCE prevention order may provide that it does not take effect until the defendant is released from custody or ceases to be subject to a custodial sentence.
7 A CCE prevention order may specify periods for which particular prohibitions or requirements have effect.
8 Where a court makes a CCE prevention order in respect of a defendant who is already subject to such an order, the earlier order ceases to have effect.

3 Applications for CCE prevention orders

An application for a CCE prevention order may be made by the Chief Constable of the Police Service of Northern Ireland.

4 Applications without notice

1 An application for a CCE prevention order may be made without notice to the defendant.
2 If an application is made without notice the court must do one of the following—
a adjourn the proceedings and make an interim CCE prevention order (see paragraph 5);
b adjourn the proceedings without making an interim order;
c dismiss the application.

5 Interim CCE prevention orders

1 This paragraph applies where the court adjourns the hearing of an application (whether made with or without notice) for a CCE prevention order.
2 The court may, if it considers it necessary to do so, make a CCE prevention order lasting for a fixed period or until the determination of the application (an “interim CCE prevention order”). Paragraph 2(5) does not apply in relation to an interim CCE prevention order.
3 The only requirement that may be imposed by an interim CCE prevention order on the defendant is a requirement to comply with paragraph 7 (notification requirements).
4 Subject to that, the court has the same powers in relation to an interim CCE prevention order as in relation to an order made at a final hearing.
5 An interim CCE prevention order made at a hearing of which the defendant was not given notice takes effect on being served on the defendant.
6 Nothing in sub-paragraph (2) prevents the variation of the duration of an interim CCE prevention order, or the discharge of such an order, under paragraph 8.

6 Procedural powers where no application made

1 This paragraph applies in the circumstances mentioned in sub-paragraph (1)(b), (c), (d) or (e) of paragraph 1.
2 For the purpose of deciding whether to make a CCE prevention order, the court may consider evidence led by the prosecution and evidence led by the defendant.
3 It does not matter whether the evidence would have been admissible in the proceedings giving rise to the circumstances referred to in sub-paragraph (1).
4 The court may adjourn any proceedings relating to the making of a CCE prevention order.
5 If the defendant does not appear for any adjourned proceedings, the court may—
a further adjourn the proceedings,
b issue a warrant for the defendant’s arrest, or
c hear the proceedings in the defendant’s absence.
6 The court may act under sub-paragraph (5)(b) only if satisfied that the defendant has had adequate notice of the time and place of the adjourned proceedings.
7 The court may act under sub-paragraph (5)(c) only if satisfied that the defendant—
a has had adequate notice of the time and place of the adjourned proceedings, and
b has been informed that if the defendant does not appear for those proceedings, the court may hear the proceedings in the defendant’s absence.
8 Nothing in this paragraph limits any other powers of the court.

7 Notification requirements

1 This paragraph applies where a CCE prevention order requires the defendant to comply with this paragraph.
2 Before the end of the period of three days beginning with the day on which a CCE prevention order requiring the defendant to comply with this paragraph is first served, the defendant must notify to the police—
a the defendant’s name and, where the defendant uses one or more other names, each of those names, and
b the defendant’s home address.
3 If, while the defendant is required to comply with this paragraph, the defendant—
a uses a name which has not been notified under the order, or
b changes home address,
the defendant must notify, to the police, the new name or the new home address.
4 A notification under sub-paragraph (3) must be given before the end of the period of three days beginning with the day on which the defendant uses the name or changes home address.
5 A notification under this paragraph is made—
a by attending at any police station in Northern Ireland and giving an oral notification to a constable, or to a person authorised for the purpose by the officer in charge of the station, or
b in a way specified in the CCE prevention order.
6 A notification under this paragraph must be acknowledged in writing.
7 In this paragraph “home address” means—
a the address of the defendant’s sole or main residence in the United Kingdom, or
b where the defendant has no such residence, the address or location of a place in the United Kingdom where the defendant can regularly be found and, if there is more than one such place, such one of those places as the defendant may select.
8 In determining the period of three days mentioned in sub-paragraph (2) or (4), no account is to be taken of any time when the defendant is—
a lawfully detained or otherwise lawfully deprived of their liberty, in the United Kingdom, or
b outside the United Kingdom.

8 Variation and discharge of CCE prevention orders

1 This paragraph applies where a person mentioned in sub-paragraph (2) applies to a relevant court for the variation or discharge of a CCE prevention order.
2 The persons are—
a the defendant;
b the Chief Constable of the Police Service of Northern Ireland.
3 On the application, the court may (after hearing from the applicant and any other person mentioned in sub-paragraph (2) who wishes to be heard) make any order varying or discharging the order that the court considers appropriate. This is subject to sub-paragraph (7).
4 The power to vary an order includes power to—
a include an additional prohibition or requirement;
b extend the period for which a prohibition or requirement has effect;
c extend the period for which the order has effect.
5 The court may make provision of a kind mentioned in sub-paragraph (4) only if it considers that the provision is necessary to prevent the defendant from engaging, or reduce the likelihood of the defendant engaging, in child criminal exploitation.
6 Sub-paragraphs (3), (4) and (7) of paragraph 2 apply to additional prohibitions or requirements included on a variation of an order.
7 The court may not, without the consent of the defendant and the Chief Constable of the Police Service of Northern Ireland, discharge an order before the end of the period of—
a five years beginning with the day on which the order was made, in the case of an order made in the circumstances mentioned in paragraph 1(1)(e);
b two years beginning with the day on which the order was made, in any other case.
This sub-paragraph does not apply to an interim CCE prevention order.
8 In this paragraph “relevant court” means—
a where the Crown Court or Court of Appeal made the order, the Crown Court;
b in any other case, the magistrates’ court.

9 Appeals

1 The defendant or the Chief Constable of the Police Service of Northern Ireland may appeal to the relevant court against a decision made—
a on an application under paragraph 3 (applications for CCE prevention orders);
b under paragraph 5 (interim CCE prevention orders);
c on an application under paragraph 8 (variation and discharge of CCE prevention orders).
2 In this paragraph “relevant court” means—
a in the case of a decision of the Crown Court, the Court of Appeal;
b in any other case, the County Court.
3 On an appeal under sub-paragraph (1) the relevant court may make—
a such orders as may be necessary to give effect to its determination of the appeal, and
b such incidental and consequential orders as appear to it to be appropriate.
4 Where a CCE prevention order is made by virtue of sub-paragraph (1)(b), (c) or (d) of paragraph 1, the defendant may appeal against the making of the order (so far as they could not otherwise do) as if the defendant had been convicted of the offence and the order were a sentence passed on the defendant for the offence.
5 Where a CCE prevention order is made by virtue of sub-paragraph (1)(e) of paragraph 1, the defendant may appeal against the making of the order as if the order were a sentence passed on the defendant for the offence.
6 Where a CCE prevention order is made on appeal, for the purposes of this Schedule (other than this paragraph) the order is to be treated as made by the court from which the appeal was made.
7 Rules of court may provide that an appeal from a decision—
a to dismiss an application for a CCE prevention order made without notice being given to the defendant, or
b to refuse to make an interim CCE prevention order when adjourning proceedings following such an application,
may be made without notice being given to the defendant.

10 Offence of breaching CCE prevention order

1 A person who, without reasonable excuse, fails to comply with an order mentioned in sub-paragraph (2) commits an offence.
2 The orders are—
a a CCE prevention order;
b a CCE prevention order under Chapter 1 of Part 4 (CCE prevention orders on application or acquittal etc. in England and Wales);
c a CCE prevention order under Chapter 2A of Part 11 of the Sentencing Code (CCE prevention orders on conviction in England and Wales);
d a CCE prevention order under Schedule 7 (CCE prevention orders in Scotland).
3 A person who commits an offence under this paragraph 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 five years or a fine (or both).
4 Where a person is convicted of an offence under this paragraph, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.
5 In proceedings for an offence under this paragraph, a copy of the original order mentioned in sub-paragraph (2), certified by the proper officer of the court that made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those matters is admissible in those proceedings.
6 The Department of Justice in Northern Ireland may by regulations amend sub-paragraph (2) so as to add to or remove from the list of orders any relevant UK order.
7 “Relevant UK order” means an order under the law of England and Wales or Scotland which appears to the Department of Justice to be equivalent or similar to a CCE prevention order.
8 In Article 4(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) after “2015” insert “or paragraph 10 of Schedule 8 to the Crime and Policing Act 2026”.

11 Offences relating to notifications

1 This paragraph applies where a CCE prevention order requires a person to comply with paragraph 7 (notification requirements).
2 The person commits an offence if—
a without reasonable excuse, they fail to comply with that paragraph, or
b in purported compliance with that paragraph, they notify to the police any information which they know to be false.
3 A person who commits an offence under this paragraph 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 five years or a fine (or both).
4 A person commits an offence under sub-paragraph (2)(a) on the day on which they first fail, without reasonable excuse, to comply with paragraph 7.
5 The person continues to commit the offence throughout any period during which the failure continues.
6 But the person may not be prosecuted more than once in respect of the same failure.
7 Paragraph 10(5) applies for the purposes of this paragraph.

12 Special measures for witnesses

1 Part 2 of the Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8)) (special measures directions in the case of vulnerable and intimidated witnesses) applies to relevant proceedings under this Schedule as it applies to criminal proceedings, but with—
a the omission of Articles 5(4) to (5), 9(4C)(e), 10A and 20 of that Order (which make provision appropriate only in the context of criminal proceedings), and
b any other necessary modifications.
2 Rules of court made under or for the purposes of Part 2 of that Order apply to relevant proceedings under this Schedule—
a to the extent provided by rules of court, and
b subject to any modifications provided by rules of court.
3 In this paragraph “relevant proceedings under this Schedule” means any proceedings under this Schedule except proceedings relating to an offence under paragraph 10 or 11.

13 Interpretation and supplementary provision

1 In this Schedule—
  • “CCE prevention order”, except in paragraph 10(2)(b) to (d), means an order under paragraph 2 (and accordingly includes an interim order made by virtue of paragraph 5);
  • “defendant” has the same meaning as in paragraph 1;
  • “engaging in child criminal exploitation” has the meaning given by paragraph 1 (and related expressions are to be construed accordingly).
2 An application under this Schedule is to be made—
a by complaint, where the application is made to a magistrates’ court;
b in accordance with rules of court, in any other case.
3 Article 78 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (time limit for civil complaints) does not apply to a complaint under this Schedule.
4 On the hearing of an application under this Schedule, Article 118 of that Order (summons to witness and warrant for arrest) does not apply in relation to any person for whose protection the order is sought, except where the person has given oral or written evidence at the hearing.

Schedule 9 

Control over another’s home for criminal purposes: relevant offences

Section 65

Part 1 England and Wales

1 An offence under section 33 or 33A of the Sexual Offences Act 1956 (keeping a brothel).
2 An offence under section 1 of the Restriction of Offensive Weapons Act 1959 (offences relating to flick knives and gravity knives).
3 An offence under any of the following provisions of the Firearms Act 1968—
a section 1(1) (possession etc of firearms or ammunition without certificate);
b section 2(1) (possession etc of shotgun without certificate);
c section 3(1) (dealing etc in firearms or ammunition without being registered);
d section 5(1), (1A) or (2A) (possession, manufacture etc of prohibited weapons).
4 An offence under either of the following provisions of the Theft Act 1968—
a section 1 (theft);
b section 22 (handling stolen goods).
5 An offence under any of the following provisions of the Misuse of Drugs Act 1971—
a section 4(2) or (3) (production and supply of controlled drugs);
b section 5(2) or (3) (possession of controlled drugs, including with intent to supply to another);
c section 6(2) (cultivation of cannabis plant).
6 An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).
7 An offence under either of the following provisions of the Criminal Justice Act 1988—
a section 141 (offensive weapons);
b section 160 (possession of indecent image of child).
8 An offence under any of the following provisions of the Sexual Offences Act 2003—
a any of sections 1 to 15A (rape, sexual assault, child sex offences etc);
b any of sections 30 to 37 (offences against persons with mental disorder);
c any of sections 47 to 50 (sexual exploitation of children);
d any of sections 52 to 53A (offences relating to prostitution);
e section 61 (administering a substance with intent);
f any of sections 66 to 67 (exposure, intimate images, voyeurism).
9 An offence under any of the following provisions of the Fraud Act 2006—
a section 1 (fraud);
b section 6 (possession etc of article for use in fraud);
c section 7 (making or supplying article for use in fraud).
10 An offence under section 28 of the Violent Crime Reduction Act 2006 (using someone to mind a weapon).
11 An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic image).
12 An offence under section 62 of the Coroners and Justice Act 2009 (possession of prohibited image of child).
13 An offence under either of the following provisions of the Modern Slavery Act 2015—
a section 1 (slavery, servitude or forced or compulsory labour);
b section 2 (human trafficking).
14 An offence under either of the following provisions of the Serious Crime Act 2015—
a section 45 (participating in activities of organised crime group);
b section 69 (possession of paedophile manual).
15 An offence under any of the following provisions of the Psychoactive Substances Act 2016—
a section 4 (producing psychoactive substance);
b section 5 (supplying etc psychoactive substance);
c section 7 (possession of psychoactive substance with intent to supply).
16 An offence under section 43 of the Border Security, Asylum and Immigration Act 2025 (possession etc of article for use in serious crime).
17 An offence under any of the following provisions of this Act—
a section 48 (child criminal exploitation);
b section 68 (causing internal concealment of item for criminal purpose).
18 An inchoate offence (within the meaning of section 398(3) of the Sentencing Code) in relation to an offence mentioned in a preceding paragraph of this Schedule.

Part 2 Scotland

19 Theft.
20 Reset.
21 Fraud.
22 Uttering.
23 Embezzlement.
24 An offence under section 1 of the Restriction of Offensive Weapons Act 1959 (offences relating to flick knives and gravity knives).
25 An offence under any of the following provisions of the Firearms Act 1968—
a section 1(1) (possession etc of firearms or ammunition without certificate);
b section 2(1) (possession etc of shotgun without certificate);
c section 3(1) (dealing etc in firearms or ammunition without being registered);
d section 5(1), (1A) or (2A) (possession, manufacture etc of prohibited weapons).
26 An offence under any of the following provisions of the Misuse of Drugs Act 1971—
a section 4(2) or (3) (production and supply of controlled drugs);
b section 5(2) or (3) (possession of controlled drugs, including with intent to supply to another);
c section 6(2) (cultivation of cannabis plant).
27 An offence under any of the following provisions of the Civic Government (Scotland) Act 1982—
a section 51A (extreme pornography);
b section 52 (indecent photographs etc of children);
c section 52A (possession of indecent photographs of children).
28 An offence under section 141 of the Criminal Justice Act 1988 (offensive weapons).
29 An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—
a section 7 (procuring);
b section 8 (abduction and unlawful detention);
c section 9 (permitting girl to use premises for intercourse);
d section 10 (seduction, prostitution etc of girl under 16);
e section 11(1)(a), (4) or (5)(a) (living on earnings of prostitution, brothel keeping etc);
f section 13 (living on the earnings of male prostitution).
30 An offence under any of the following provisions of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005—
a section 1 (meeting a child following certain preliminary contact);
b section 9 (paying for sexual services of a child);
c section 10 (causing or inciting provision of sexual services by child or child pornography);
d section 11 (controlling a child providing sexual services or involved in pornography);
e section 12 (arranging or facilitating provision by child of sexual services or child pornography).
31 An offence under section 28 of the Violent Crime Reduction Act 2006 (using someone to mind a weapon).
32 An offence under Part 1 (rape, sexual assault etc) or Part 4 (offences against children) of the Sexual Offences (Scotland) Act 2009.
33 An offence under either of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—
a section 28 (involvement in serious organised crime);
b section 30 (directing serious organised crime).
34 An offence under either of the following provisions of the Air Weapons and Licensing (Scotland) Act 2015—
a section 2(1) (possession etc of air weapon without certificate);
b section 24(1) (dealing etc in air weapons without being registered).
35 An offence under either of the following provisions of the Human Trafficking and Exploitation (Scotland) Act 2015—
a section 1 (offence of human trafficking);
b section 4 (slavery, servitude and forced or compulsory labour).
36 An offence under any of the following provisions of the Psychoactive Substances Act 2016—
a section 4 (producing psychoactive substance);
b section 5 (supplying etc psychoactive substance);
c section 7 (possession of psychoactive substance with intent to supply).
37 An offence under section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (disclosing or threatening to disclose an intimate photograph or film).
38 An offence under section 43 of the Border Security, Asylum and Immigration Act 2025 (possession etc of article for use in serious crime).
39 An offence under section 48 of this Act (child criminal exploitation).
40 Attempting or conspiring to commit an offence specified in this Part of this Schedule (a “relevant offence”).
41 Inciting a person to commit a relevant offence.
42 Aiding, abetting, counselling or procuring the commission of a relevant offence, or being involved art and part in the commission of such an offence.

Part 3 Northern Ireland

43 An offence under either of the following provisions of the Theft Act (Northern Ireland) 1969—
a section 1 (theft);
b section 21 (handling stolen goods).
44 An offence under any of the following provisions of the Misuse of Drugs Act 1971—
a section 4(2) or (3) (production and supply of controlled drugs);
b section 5(2) or (3) (possession of controlled drugs, including with intent to supply to another);
c section 6(2) (cultivation of cannabis plant).
45 An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs of children).
46 An offence under section 141 of the Criminal Justice Act 1988 (offensive weapons).
47 An offence under Article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (possession of indecent photograph of child).
48 An offence under Article 53 of the Criminal Justice (Northern Ireland) Order 1996 (manufacture or sale etc of certain knives).
49 An offence under any of the following provisions of the Firearms (Northern Ireland) Order 2004—
a Article 3(1) or (2) (possession etc of firearm or ammunition without certificate);
b Article 24(1) (dealing etc in firearms or ammunition without certificate);
c Article 45(1) or (2) (weapons subject to general prohibition).
50 An offence under any of the following provisions of the Fraud Act 2006—
a section 1 (fraud);
b section 6 (possession etc of article for use in fraud);
c section 7 (making or supplying article for use in fraud).
51 An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic image).
52 An offence under any of the following provisions of the Sexual Offences (Northern Ireland) Order 2008—
a any of Articles 5 to 22E (rape, sexual assault, child sex offences etc);
b any of Articles 37 to 40 (abuse of children under 18: payment for sexual services and involvement in indecent images);
c any of Articles 43 to 50 (offences against persons with a mental disorder);
d any of Articles 62 to 64A (exploitation of prostitution);
e Article 65 (administering a substance with intent);
f Article 70, 71 or 72A (exposure, voyeurism, sending etc. unwanted sexual image).
53 An offence under section 62 of the Coroners and Justice Act 2009 (possession of prohibited image of child).
54 An offence under either of the following provisions of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015—
a section 1 (slavery, servitude and forced or compulsory labour);
b section 2 (human trafficking).
55 An offence under section 69 of the Serious Crime Act 2015 (possession of paedophile manual).
56 An offence under any of the following provisions of the Psychoactive Substances Act 2016—
a section 4 (producing psychoactive substance);
b section 5 (supplying etc psychoactive substance);
c section 7 (possession of psychoactive substance with intent to supply).
57 An offence under paragraph 1 of Schedule 2 to the Violent Crime Reduction Act 2006 (using someone to mind a weapon).
58 An offence under section 51 of the Justice Act (Northern Ireland) 2016 (disclosing private sexual photographs and films with intent to cause distress).
59 An offence under section 43 of the Border Security, Asylum and Immigration Act 2025 (possession etc of article for use in serious crime).
60 An offence under section 48 of this Act (child criminal exploitation).
61 An attempt or conspiracy to commit an offence mentioned in a preceding paragraph of this Part of this Schedule (“a relevant offence”).
62 An offence under Part 2 of the Serious Crime Act 2007 in relation to a relevant offence.

Schedule 10 

Online facilitation of child sexual exploitation and abuse: specified offences

Section 77

Part 1 England and Wales

1 An offence 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);
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 8A to 8C (rape and other offences against children under 16);
iii sections 9 to 15A (other child sex offences);
iv sections 16 to 19 (abuse of position of trust);
v sections 25 and 26 (familial child sex offences);
vi section 46A (child sexual abuse image-generators);
vii sections 47 to 50 (sexual exploitation of children);
d section 62 of the Coroners and Justice Act 2009 (possession of prohibited image of child);
e section 69 of the Serious Crime Act 2015 (possession of paedophile manual).
2 An offence under any of the following provisions of the Sexual Offences Act 2003 where 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 61 to 63 (preparatory offences);
d sections 66 to 66B, 67 and 67A (exposure and voyeurism).
3 An offence under section 2 of the Modern Slavery Act 2015 (human trafficking) against a person aged under 18, committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).
4 An inchoate offence (within the meaning given by section 398 of the Sentencing Code) in relation to an offence specified in paragraph 1, 2 or 3.

Part 2 Scotland

5 An offence under any of—
a sections 51, 51A, 52, 52A and 52D of the Civic Government (Scotland) Act 1982 (obscene material, extreme pornography, indecent photographs of children and child sexual abuse image-generators);
b sections 9 and 10 of the Criminal Law (Consolidation) (Scotland) Act 1995 (permitting girl to use premises for intercourse and seduction, prostitution, etc., of girl under 16);
c sections 1 and 9 to 12 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) (meeting a child following certain preliminary contact, sexual services of children and child pornography);
d the following provisions of the Sexual Offences (Scotland) Act 2009 (asp 9)—
i Part 4 (children);
ii section 42 (sexual abuse of trust).
6 An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995 where the victim, or intended victim, was aged under 18—
a section 1 (incest);
b section 2 (intercourse with step-child);
c section 7 (procuring).
7 An offence under any of the following provisions of the Sexual Offences (Scotland) Act 2009 (asp 9) where the victim, or intended victim, was aged under 18—
a Part 1 (rape etc);
b section 46 (sexual abuse of trust of a mentally disordered person).
8 An offence under section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) (human trafficking) against a person aged under 18, committed with a view to exploitation that consists of or includes behaviour within section 3(3) to (5) of that Act (prostitution and sexual exploitation).
9 Attempting or conspiring to commit an offence specified in paragraph 5, 6, 7 or 8.
10 Inciting a person to commit an offence specified in paragraph 5, 6, 7 or 8.
11 Aiding, abetting, counselling or procuring the commission of an offence specified in paragraph 5, 6, 7 or 8, or being involved art and part in the commission of such an offence.

Part 3 Northern Ireland

12 An offence under any of—
a Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children);
b Article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (possession of indecent photographs of children);
c the following provisions of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2))—
i Articles 12 to 15 (rape and other offences against children under 13);
ii Articles 16 to 22E (child sex offences);
iii Articles 23 to 26 (abuse of position of trust);
iv Articles 32 and 33 (familial child sex offences);
v Articles 37 to 40 (sexual offences against children);
vi Article 42A (child sexual abuse image-generators);
d section 62 of the Coroners and Justice Act 2009 (possession of prohibited image of child);
e section 69 of the Serious Crime Act 2015 (possession of paedophile manual).
13 An offence under any of the following provisions of the Sexual Offences (Northern Ireland) Order 2008 where the victim, or intended victim, was aged under 18—
a Articles 5 to 8 (rape, assault and causing sexual activity without consent);
b Part 4 (sexual offences against a person with a mental disorder);
c Articles 65 to 67 (preparatory offences);
d Articles 70 to 71B (exposure and voyeurism);
e Article 72A (sending etc an unwanted sexual image).
14 An offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)) (human trafficking) against a person aged under 18, committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).
15 An attempt or conspiracy to commit an offence specified in paragraph 12, 13 or 14.
16 An offence under Part 2 of the Serious Crime Act 2007 in relation to an offence specified in paragraph 12, 13 or 14.

Schedule 11 

Sexual offences against children under 16: consequential amendments

Section 81

1 Firearms Act 1968 (c.27)

1 Paragraph 6 of Schedule 1 to the Firearms Act 1968 (offences to which section 17(2) applies) is amended as follows.
2 In paragraph (f), for “(3)(a) to (d)” substitute “(2)(a) to (d)”.
3 After paragraph (f) insert—
.

2 Internationally Protected Persons Act 1978 (c.17)

1 Section 1(1A) of the Internationally Protected Persons Act 1978 (offences for purposes of section 1) is amended as follows.
2 In paragraph (e), for “(3)(a) to (d)” substitute “(2)(a) to (d)”.
3 After paragraph (e) insert—
.

3 Suppression of Terrorism Act 1978 (c.26)

1 Paragraph 9 of Schedule 1 to the Suppression of Terrorism Act 1978 is amended as follows.
2 In paragraph (d), for “(3)(a) to (d)” substitute “(2)(a) to (d)”.
3 After paragraph (d) insert—
.

4 Criminal Justice Act 1982 (c. 48)

1 Part 2 of Schedule 1 to the Criminal Justice Act 1982 (early release of prisoners: excluded offences) is amended as follows.
2 In the entry for section 8 of the Sexual Offences Act 2003, for “(3)(a) to (d)” substitute “(2)(a) to (d)”.
3 After the entry for section 8 of the Sexual Offences Act 2003 insert—

5 Children Act 1989 (c. 41)

In Schedule ZA1 to the Children Act 1989 (serious sexual offences for the purposes of section 10C), in paragraph 3 after paragraph (h) insert—
.

6 Criminal Justice and Public Order Act 1994 (c. 33)

1 Section 25(2) of the Criminal Justice and Public Order Act 1994 (offences to which bail restrictions apply) is amended as follows.
2 In paragraph (k), for “(3)(a) to (d)” substitute “(2)(a) to (d)”.
3 After paragraph (k) insert—
.

7 Criminal Injuries Compensation Act 1995 (c. 53)

In section 11(9) of the Criminal Injuries Compensation Act 1995 (definition of “rape”), for “or 5” substitute “, 5 or 8A”.

8 Crime (Sentences) Act 1997 (c. 43)

In section 32ZAB(1) of the Crime (Sentences) Act 1997 (specified offences for purposes of section 32ZAA), after paragraph (f) insert—
.

9 Criminal Justice Act 2003 (c. 44)

1 The Criminal Justice Act 2003 is amended as follows.
2 In section 256AZBB(1) (specified offences for purposes of section 256AZBA), after paragraph (e) insert—
.
3 In Schedule 4 (qualifying offences for purposes of section 62), after paragraph 16 insert—
4 In Schedule 5 (qualifying offences for purposes of Part 10) after paragraph 15 insert—
5 In Part 2 of Schedule 15 (specified sexual offences for purposes of sections 244ZA and 325) after paragraph 109 insert—
6 In paragraph 7 of Schedule 34A (child sex offences for purposes of section 327A), after paragraph (a) insert—
.

10 Anti-social Behaviour, Crime and Policing Act 2014 (c.12)

In section 116(8)(a) of the Anti-social Behaviour, Crime and Policing Act 2014 (offences constituting child sexual exploitation), after the entry for sections 5 to 8 of the Sexual Offences Act 2003 insert—
.

11 Modern Slavery Act 2015 (c.30)

In paragraph 33 of Schedule 4 to the Modern Slavery Act 2015 (sexual offences to which defence in section 45 does not apply), after the entry for section 8 insert—
.

12 Sentencing Act 2020 (c. 17)

1 The Sentencing Code is amended as follows.
2 In Part 1 of Schedule 14 (extended sentences: the earlier offence condition: offences), in the table in paragraph 9, after the entry for section 8 of the Sexual Offences Act 2003 insert—
.
3 In Part 1 of Schedule 15 (life sentence for second offence: listed offences), in paragraph 9, after the entry for section 8 of the Sexual Offences Act 2003 insert—
4 In Part 2 of Schedule 18 (specified sexual offences for purposes of section 306), in paragraph 38 after paragraph (h) insert—
.
5 In Schedule 19 (specified offences carrying maximum sentence of imprisonment for life), in the table in paragraph 20, after the entry for section 8 of the Sexual Offences Act 2003 insert—
.

Schedule 12 

Duty to report child sex offences: child sex offences and further relevant activities

Section 85

Part 1 Child sex offences

1 An offence 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);
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 8A to 8C (rape and other offences against children under 16);
iii sections 9 to 15A (other child sex offences);
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);
d section 62 of the Coroners and Justice Act 2009 (possession of prohibited image of child).
2 An offence under any of the following provisions of the Sexual Offences Act 2003 where the victim, or intended victim, was a child—
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 61 to 63 (preparatory offences);
d sections 66 to 66B, 67 or 67A (offences relating to exposure, intimate images and voyeurism).
3 An offence under section 2 of the Modern Slavery Act 2015 (human trafficking) against a child, committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).
4 An inchoate offence (within the meaning given by section 398 of the Sentencing Code) in relation to an offence referred to in paragraph 1, 2 or 3.
5 An offence under the law of Scotland, Northern Ireland or any country or territory outside the United Kingdom which would be an offence referred to in a preceding provision of this Part of this Schedule if the conduct constituting the offence occurred in England and Wales.

Part 2 Further relevant activities

6 Engaging in the provision of a service to a child under, or pursuant to anything done under—
a any of sections 8 to 10 of the Employment and Training Act 1973, or
b section 68, 70(1)(b) or 74 of the Education and Skills Act 2008,
if that involves looking after the child on an individual basis.
7 Activities of a person in the exercise of functions of a local authority under section 20 or 21 of the Children Act 1989, if the person has regular contact with the child concerned in the course of those activities.
8 Activities of a person relating to them reporting to the court under section 7 of the Children Act 1989 on matters relating to the welfare of a child, if the person has regular contact with the child in the course of those activities.
9 Activities of a person in connection with a placement under section 22C(5) of the Children Act 1989, if the person looks after the child concerned on an individual basis in the course of those activities.
10 Activities of a person in connection with providing a child with, or maintaining a child in, suitable accommodation under section 23B(8)(b) of the Children Act 1989, if the person looks after the child on an individual basis in the course of those activities.
11 Acting as a personal adviser for a child under section 23B(2) of, or paragraph 19C of Schedule 2 to, the Children Act 1989, if that involves looking after the child on an individual basis when so acting.
12 Activities of a person in connection with the provision of accommodation for a child by a voluntary organisation under section 59 of the Children Act 1989, if the person looks after the child on an individual basis in the course of those activities.
13 Activities of a person in the exercise of functions conferred by virtue of a care order, supervision order or education supervision order, if the person looks after the child concerned on an individual basis in the course of those activities.
14 Activities of a person so far as acting as—
a an officer appointed for a child under section 41(1) of the Children Act 1989,
b a guardian of a child appointed under rule 6 or rule 18 of the Adoption Rules 1984 (S.I. 1984/265),
c a guardian ad litem of a child appointed under rule 9.5 of the Family Proceedings Rules 1991 (S.I. 1991/1247), or
d a guardian of a child appointed under rule 59 of the Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795) or rule 16.3(1)(ii) or rule 16.4 of the Family Procedure Rules 2010 (S.I. 2010/2955),
if the person has regular contact with the child in the course of those activities.
15 Activities of a person pursuant to requirements imposed on a child—
a by or under an enactment on the child’s release from detention for a criminal offence, or
b by a court order made in criminal proceedings,
if the person looks after the child on an individual basis in the course of those activities.
16 Activities of a constable of a relevant police force carried out in connection with their holding of that office.
17 Activities of a person in connection with training, supervising or instructing a child for the purposes of a religion or belief, if the person has regular contact with the child in the course of those activities.
18 For the purposes of this Part of this Schedule, a person “looks after a child on an individual basis” if—
a the person is regularly involved in caring for, training or supervising the child, and
b in the course of the person’s involvement, the person has regular contact with the child.
19 In this Part of this Schedule—
  • “care order” has the same meaning as in the Children Act 1989;
  • “education supervision order” has the meaning given by section 36 of the Children Act 1989;
  • “regular contact” means any kind of contact (whether or not the contact is face to face) on more than 3 days in any period of 30 days;
  • “relevant police force” means—
    1. a police force maintained for a police area in England,
    2. the British Transport Police Force, or
    3. the Ministry of Defence police;
  • “supervision order” has the meaning given by section 31(11) of the Children Act 1989.

Schedule 13 

Offences relating to semen-defaced images, intimate photographs or films and voyeurism

Section 98

Part 1 Amendments of the Sexual Offences Act 2003

1 The Sexual Offences Act 2003 is amended as follows.
2 After section 66A insert—
3 After section 66AA (inserted by paragraph 2) insert—
4
1 Section 66B (sharing or threatening to share intimate photograph or film) is amended as follows.
2 After subsection (5) insert—
3 Omit subsections (6) and (11).
5 In section 66C (sharing or threatening to share intimate photograph or film: exemptions)—
a in subsection (1)—
i in paragraph (a), for “taken” substitute “, or A reasonably believes that it was, taken or recorded”, and
ii in paragraph (b), after “taken” insert “or recorded”, and
b in subsection (2), after “taken” (in both places) insert “or recorded”.
6
1 Section 66D (sharing or threatening to share intimate photograph or film: interpretation) is amended as follows.
2 In subsection (1), for “66B and” substitute “66AB to”.
3 In subsection (3), at the end insert “, or as a person with whom it is shared”.
4 For subsection (4) substitute—
5 After subsection (9) insert—
6 For the heading, substitute “Sections 66AB to 66C: interpretation”.
7 In section 66G (definitions for purposes of sections 66E and 66F), omit subsection (8).
8 In section 66H (time limits for prosecuting summary offences)—
a in subsection (1), for “under section 66E or 66F” substitute “to which this section applies”;
b after subsection (1) insert—
;
c for the heading substitute “Semen-defaced images and intimate images: time limit for prosecution of summary offences”.
9 In section 67 (voyeurism), omit subsection (3).
10 In section 67A (voyeurism: additional offences)—
a omit subsection (2), and
b after subsection (3B) insert—
11
1 Section 77 (sections 75 and 76: relevant acts) is amended as follows.
2 For “sections 75 and 76 apply” substitute “section 75 or 76 applies”.
3 For “those sections” substitute “that section”.
4 In the table, after the last row insert—
12 In section 78 (meaning of “sexual”), for “66B” substitute “66AB”.
13 In section 79 (Part 1: general interpretation), after subsection (10) insert—
14 In section 136A(3A) (specified child sex offences), in paragraph (c), after “66A,” insert “66AB(2) and (3), 66AD(2),”.
15 In Schedule 2 (sexual offences to which section 72(1) to (3) applies), in paragraph 1(a), for “and 47 to 50” substitute “, 47 to 50, 66AB(2) and (3), and 66B(2), (3) and (4)”.
16 In Schedule 3 (sexual offences for purposes of Part 2), after paragraph 33A insert—

Part 2 Further amendments in connection with offences

17 Children and Young Persons Act 1933 (c. 12)

In Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions of Act apply), in the first entry relating to the Sexual Offences Act 2003, after “66A,” insert “66AB, 66AD,”.

18 Police and Criminal Evidence Act 1984 (c. 60)

In section 65A of the Police and Criminal Evidence Act 1984 (“qualifying offences” for the purposes of Part 5 of that Act), in subsection (2)(p) after “66A,” insert “66AB(2) and (3), 66AD(2),”.

19 Criminal Justice Act 2003 (c. 44)

1 The Criminal Justice Act 2003 is amended as follows.
2 In Part 2 of Schedule 15 (specified sexual offences for purposes of section 325), after paragraph 149A insert—
3 In Schedule 34A (child sex offences for purposes of section 327A), in paragraph 10—
a after “66A,” insert “66AB(2) or (3), 66AD(2),”, and
b for the words from “(exposure” to “voyeurism)” substitute “(offences relating to exposure, voyeurism and intimate photographs or films)”.

20 Armed Forces Act 2006 (c. 52)

1 The Armed Forces Act 2006 is amended as follows.
2 In section 177DA (treatment of purported intimate images for purposes of deprivation orders)—
a in the heading, omit “Purported”;
b in subsection (1), for the words from “section 66E” to the end substitute “a provision of the Sexual Offences Act 2003 which is listed in column 1 of the table in subsection (3)”;
c in subsection (2)—
i for “purported intimate image to which the offence relates” substitute “item specified in column 2 of the table in relation to the corresponding offence”;
ii after “the offence”, in the second place it occurs, insert “under section 42”;
d after subsection (2) insert—

21 Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)

In section 116 of the Anti-social Behaviour, Crime and Policing Act 2014 (information about guests at hotels believed to be used for child sexual exploitation), in subsection (8)(c)—
a after “66A,” insert “66AB(2) and (3), 66AD(2),”, and
b for the words from “(exposure” to “voyeurism)” substitute “(offences relating to exposure, voyeurism and intimate photographs or films)”.

22 Modern Slavery Act 2015 (c. 30)

In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 33, after the entry for section 66A insert—
.

23 Sentencing Code

1 The Sentencing Code is amended as follows.
2 In section 154A (purported intimate images to be treated as used for purposes of certain offences)—
a in the heading, omit “Purported”;
b for subsection (1) substitute—
;
c in subsection (2), for “The purported intimate image to which the offence relates” substitute “The item specified in column 2 of the table in relation to that offence”;
d after subsection (2) insert—
e omit subsections (3) and (4).
3 In Part 2 of Schedule 18 (specified sexual offences for purposes of section 306), in paragraph 38, after sub-paragraph (axa) insert—
.

24 Online Safety Act 2023 (c. 50)

In Schedule 7 to the Online Safety Act 2023 (priority offences), in paragraph 28A (Sexual Offences Act 2003), at the end insert—

Schedule 14 

Intimate image material: reporting and registration

Section 103

Part 1 Trusted flaggers

1 Duty to designate trusted flagger

1 The Secretary of State may by regulations designate persons as suitable to make intimate image reports to—
a providers of internet services, and
b providers of internet access services,
for the purpose of assisting the providers to make judgments about whether content is intimate image content.
2 An intimate image report is—
a a report that—
i content identified in the report is a photograph or film which shows, or appears to show, a person (P) in an intimate state, and
ii P, or a person acting on P’s behalf, has informed the person making the report that P does not consent to the sharing of the photograph or film, or
b a report of information provided to the person making the report by virtue of regulations under paragraph 2.
3 The Secretary of State must exercise the power in sub-paragraph (1) to designate at least one person.
4 The duty in sub-paragraph (3) ceases to apply if Secretary of State makes regulations under paragraph 3.
5 Terms used in sub-paragraph (2)(a) and in section 66B of the Sexual Offences Act 2003 have the same meaning in sub-paragraph (2)(a) as in section 66B.

2 Duties to report intimate image content to trusted flagger

1 The Secretary of State may by regulations amend the Online Safety Act 2023 for, or in connection with, the imposition on providers of regulated services of duties relating to the provision of intimate image information to a person designated under paragraph 1.
2 In this paragraph “intimate image information” means information generated by the provider for the purposes of identifying content which the provider considers to be intimate image content.
3 The regulations may require intimate image information to be provided in a particular form (for example, a hash code).
4 The provisions of the Online Safety Act 2023 that may be amended by regulations under this paragraph include, but are not limited to, section 131(2) (enforceable requirements).

Part 2 The intimate image register

3 The intimate image register

1 The Secretary of State may by regulations make provision for or in connection with a register of intimate image material (the “intimate image register”).
2 “Intimate image material” means material which—
a is intimate image content, or
b would be intimate image content if it were shared on an internet service.
3 In this Part of this Schedule “intimate image content” has the meaning given by section 59 of the Online Safety Act 2023, except that section 59 applies as if subsections (13) and (14) (“intimate image content” on user-to-user services limited to user-generated content) were omitted.

4 The registrar

1 The regulations may provide for the intimate image register to be maintained by—
a a person specified in the regulations,
b an individual appointed by the Secretary of State in accordance with the regulations, or
c the Secretary of State.
2 Regulations under sub-paragraph (1)(b) may make provision about the terms on which an individual is appointed, including provision—
a for the payment of remuneration, allowances and expenses by the Secretary of State;
b for staff, accommodation and other facilities to be provided by the Secretary of State.
3 The person who maintains the intimate image register is referred to in this Schedule as the registrar.

5 Operation of intimate image register

The regulations may make provision about—
a the form in which information is to be recorded on the intimate image register (which may in particular include hash codes);
b how material is to be reported to the registrar;
c how the registrar is to make judgments about whether material is intimate image material (which may in particular include provision similar to section 192(5) and (6) of the Online Safety Act 2023);
d how the registrar is to deal with reports that the registrar considers to be frivolous, vexatious or made in bad faith;
e appeals against decisions of the registrar;
f the sharing of information on the intimate image register with—
i providers of internet services and internet access services, and
ii other persons,
for purposes specified in the regulations.

6 Payment of fees to registrar

1 The regulations may require providers of internet services and internet access services to pay fees to the registrar, as a means of recovering the costs incurred by the registrar in exercising functions under the regulations.
2 The regulations may in particular make provision—
a for fees to be paid in respect of specified periods;
b for different fees to be payable by different providers.

7 Duties of providers of internet services and internet access services

1 The regulations may make provision for or in connection with imposing on providers of internet services duties relating to—
a the provision of intimate image information to the registrar;
b taking down content recorded on the intimate image register;
c preventing persons from encountering content recorded on the intimate image register.
2 The Secretary of State may by regulations make provision for or in connection with imposing on providers of internet access services duties relating to preventing access to content recorded on the intimate image register.
3 In this paragraph “intimate image information” means information generated by the provider for the purposes of identifying intimate image material.
4 Regulations under sub-paragraph (1)(a) may—
a make provision about how a provider is to make judgments about whether material is intimate image material (which may in particular include provision similar to section 192(5) and (6) of the Online Safety Act 2023);
b require intimate image information to be provided in a particular form (for example, a hash code).

8 Enforcement

1 The regulations may make provision for or in connection with the enforcement of requirements imposed on providers of internet services and internet access services (“providers”) by or under the regulations.
2 The regulations may include provision conferring functions on one or more persons specified in the regulations (each of whom is an “enforcement authority”).
3 The persons who may be specified in the regulations include the registrar and the Secretary of State.
4 The functions which may be conferred on an enforcement authority include—
a powers to require providers to provide information to the enforcement authority;
b powers to impose monetary penalties on providers for failure to comply with requirements;
c powers to issue notices (“compliance notices”) requiring providers to take steps specified in the notice for the purposes of complying with, or remedying a failure to comply with, a requirement.
5 If the regulations provide for the imposition of monetary penalties they must provide—
a that a penalty (or, where more than one penalty is imposed in respect of a failure, those penalties taken together) may not exceed a maximum amount specified in the regulations (which may not be more than £3 million);
b for the amount of a penalty imposed on a provider to be appropriate and proportionate, having regard to—
i the failure to comply in respect of which it is imposed;
ii any penalties previously imposed on the provider in respect of that failure or other failures;
iii the size and financial resources of the provider.
6 The regulations may provide for requirements imposed by a compliance notice to be enforceable, on the application of the enforcement authority, by injunction.
7 The regulations—
a must make provision for appeals against the imposition of a monetary penalty and the issue of a compliance notice (if they provide for those things);
b may make provision for appeals against other decisions of an enforcement authority.

9 Payment of fees to enforcement authority

1 The regulations may require providers of internet services and internet access services to pay fees to enforcement authorities, as a means of recovering the costs incurred by enforcement authorities in exercising their functions under the regulations.
2 The regulations may in particular make provision—
a for fees to be paid in respect of specified periods;
b for different fees to be payable by different providers.

10 Guidance

The regulations may provide for the issue of guidance by—
a the registrar;
b enforcement authorities;
c the Secretary of State.

11 Duties of OFCOM

The regulations may require OFCOM to have regard to the intimate image register when—
a preparing a code of practice under section 41 of the Online Safety Act 2023;
b exercising its functions under Article 5(1) of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and retail charges for regulated intra-EU communications and amending Directive 2002/22/EC and Regulation (EU) No 531/2012,
and the regulations may amend that Act or that Regulation for or in connection with that purpose.

Part 3 Intimate image register: power to amend Online Safety Act 2023

12
1 The Secretary of State may by regulations amend the Online Safety Act 2023 for or in connection with the imposition on providers of regulated services of duties relating to—
a the provision of intimate image information to the registrar;
b taking down content recorded on the intimate image register;
c preventing persons from encountering content recorded on the intimate image register.
2 In this paragraph “intimate image information” means information generated by the provider for the purposes of identifying intimate image content.
3 Regulations under sub-paragraph (1)(a) may require intimate image information to be provided in a particular form (for example, a hash code).
4 The provisions of the Online Safety Act 2023 that may be amended by regulations under this paragraph include, but are not limited to, section 131(2) (enforceable requirements).

Part 4 Supplementary provision

13 Extra-territoriality

1 References in this Schedule to an internet service include an internet service provided from outside the United Kingdom—
a which has a significant number of United Kingdom users, or
b one of the target markets of which (or the only target market of which) is United Kingdom users.
2 A user of an internet service is a “United Kingdom user” if—
a where the user is an individual, the individual is in the United Kingdom;
b where the user is an entity, the entity is incorporated or formed under the law of any part of the United Kingdom.

14 Interpretation

1 This paragraph applies for the interpretation of this Schedule.
2 The following terms have the same meaning as in the Online Safety Act 2023—
  • “content” (see section 236 of that Act);
  • “internet service” (see section 228 of that Act);
  • “intimate image content” (see section 59 of that Act), except in Part 2 of this Schedule (see paragraph 3(3));
  • “provider”, in relation to an internet service of any kind (see section 226 of that Act);
  • “regulated service” (see section 4(4) of that Act).
3 “Internet access service” means a service that provides access to virtually all (or just some) end points of the internet.
4 The following terms have the meaning given by the specified provision of this Schedule—
enforcement authorityparagraph 8
intimate image registerparagraph 3
intimate image materialparagraph 3
the registrarparagraph 4

Schedule 15 

Management of sex offenders: minor and consequential amendments

Section 127

1 The Sexual Offences Act 2003 is amended as follows.
2
1 Section 84 (notification requirements: changes) is amended as follows.
2 In subsection (1)—
a omit paragraph (a);
b omit “that name,”.
3 In subsection (2), omit “the name is used,”.
3 In section 85 (periodic notification)—
a in subsection (1), after “under section” insert “83A or”;
b in subsection (2)(b), after “83(1)” insert “, 83A”;
c in subsection (6), after “83(1)” insert “, 83A”.
4 In section 85A (notification requirements: absence from notified address)—
a in subsection (1), after “83(1)” insert “, 83A”;
b in the heading, at the end insert “(Northern Ireland)”.
5
1 Section 87 (method of notification and related matters) is amended as follows.
2 In subsection (1)—
a for the words from “section” to “by” substitute “section 83(1), 83A, 84, 85(1), 85A(2) or (6), 85ZA or 86B by”;
b in the paragraph (a) inserted by section 168(2) of the Police, Crime, Sentencing and Courts Act 2022), for “local”, in both places, substitute “relevant”;
c after paragraph (b) insert “(subject to section 87A)”.
3 In the subsection (2A) inserted by section 168(3) of the Police, Crime, Sentencing and Courts Act 2022, for “under section 83(1), 84(1) or 85(1)” substitute “of the kind mentioned in subsection (1)”.
4 In subsection (4), for the words from “Where” to “offender” substitute “If the police station at which the relevant offender attends is in England, Wales or Northern Ireland, the offender”.
5 In subsections (5A) and (5B), for the words from “Where” to “offender” substitute “If the police station at which the relevant offender attends is in Scotland, the offender”.
6 Omit subsection (5C).
6
1 Section 88 (interpretation of section 87) is amended as follows.
2 In the heading, for “Section 87” substitute “Sections 87 to 87B”.
3 For subsection (1) substitute—
4 After subsection (1) insert—
5 Omit subsections (3) to (5).
6 After subsection (5) insert—
7 In section 88I(2) (discharge from indefinite notification requirements in England and Wales or Northern Ireland has effect in Scotland) for the words from “legislation which” to the end substitute—
8
1 Section 91 (offences relating to notification) is amended as follows.
2 For subsection (1) substitute—
3 For subsection (2) substitute—
4 In subsection (3)—
a for “paragraph (a) of subsection (1)” substitute “subsection (1)(a), (1A)(a), (1B)(a) or (1C)(a)”;
b for the words from “section 83(1)” to “86(1)” substitute “a relevant requirement”.
c for “subsection (1)”, in the second place, substitute “those subsections”.
5 After subsection (3) insert—
9
1 Section 91A (review of indefinite notification requirements: qualifying relevant offender) is amended as follows.
2 In subsection (2) after “review” insert “or the relevant chief officer of police begins an own motion review”.
3 In subsections (4) and (5), after “under section” insert “83A,”.
4 In subsection (7) after “review” insert “or the relevant chief officer of police begins an own motion review”.
10
1 Section 91B (review of indefinite notification requirements: application for review and qualifying dates) is amended as follows.
2 In subsection (3)—
a for “makes” substitute “last made”;
b after “91C” insert “or 91EB”.
3 In subsection (4), after “91C” insert “or 91EB”.
4 In subsection (6)—
a for “applies” substitute “applied when the relevant chief officer of police last made a determination under section 91C or 91EB”;
b after “period” insert “then”.
5 In subsection (10), after “83,” insert “83A,”.
11 In section 91E, in the heading, at the end insert “against determinations under section 91C”.
12 In section 91F (guidance), at the end of subsection (1) insert “or own motion reviews”.
13 In section 94 (Part 2: supply of information to Secretary of State etc. for verification), in subsection (1)—
a in the words before paragraph (a), omit “notified to the police under”;
b for paragraph (a) substitute—
;
c after paragraph (a) insert—
;
d in paragraph (b) before “section” insert “notified to the police under”;
e after paragraph (b) insert
14 In section 122F (sexual risk orders and interim sexual risk orders: notification requirements), after subsection (4) insert—
15 In section 133 (Part 2: general interpretation)—
a omit the definition of “local police area”;
b at the appropriate place insert—
.
16 In section 136 (Part 2: Northern Ireland), in subsection (11), after “sections” insert “86B, 87A, 93A, 93H,”.
17
1 Section 138 (orders and regulations) is amended as follows.
2 For subsections (1) to (4) substitute—
3 In subsection (5) for “the Department of Justice in Northern Ireland” substitute “a Northern Ireland department”.
4 In subsection (6)—
a for “83 to 86” substitute “83 to 85, section 86, section 86B(3) or (4), section 93B(6)(d), section 93C(6)(b), section 93J”;
b for “the Department of Justice” substitute “a Northern Ireland department”.
5 In subsections (8) and (9) for “the Department of Justice”, in each place it occurs, substitute “a Northern Ireland department”.
18
1 Schedule 3A (discharge from indefinite notification requirements in Northern Ireland) is amended as follows.
2 In paragraph 4 (initial review: notice of decision) after sub-paragraph (3) insert—
3 In paragraph 6 (further reviews)—
a in sub-paragraph (1) for “paragraph 4(3) or 5(6)” substitute “a relevant provision”;
b after sub-paragraph (1) insert—
;
c in sub-paragraph (3)(a) for “paragraph 4(3) or 5(6)” substitute “a relevant provision”.
4 In paragraph 7 (guidance)—
a after sub-paragraph (1) insert—
;
b in sub-paragraph (2) after “(1)” insert “or (1A)”.
5 In paragraph 8(2) for the words from “legislation which” to the end substitute—

Schedule 16 

Possession or supply of SIM farms or other specified articles: powers of entry etc

Sections 153 and 156

Part 1 General

1 Interpretation

1 In this Schedule—
  • “justice” means—
    1. in England and Wales, a justice of the peace;
    2. in Scotland, a sheriff, summary sheriff or justice of the peace;
    3. in Northern Ireland, a lay magistrate;
  • “premises” includes any place and, in particular, includes—
    1. any vehicle, vessel or aircraft;
    2. any offshore installation;
    3. any renewable energy installation within the meaning given by section 104 of the Energy Act 2004;
    4. any tent or movable structure;
  • “relevant evidence” means evidence that any of the following has been committed—
    1. an offence under any of sections 151 to 155;
    2. an attempt or conspiracy to commit an offence within paragraph (a);
    3. an offence under Part 2 of the Serious Crime Act 2007 (England and Wales and Northern Ireland: encouraging or assisting crime) in relation to an offence within paragraph (a);
    4. an offence under the law of Scotland of inciting the commission of an offence within paragraph (a);
    5. aiding, abetting, counselling or procuring the commission of an offence within paragraph (a);
  • “vessel” includes—
    1. any ship or boat or any other description of vessel used in navigation, and
    2. any hovercraft, submersible craft or other floating craft,
    but does not include a reference to anything that permanently rests on, or is permanently attached to, the sea bed.
2 In this Schedule any reference to a power conferred by this Schedule or any provision of it includes a reference to a power conferred by virtue of the Schedule or provision.

2 Saving

Nothing in this Schedule affects any power of a constable conferred otherwise than by this Schedule.

Part 2 Powers of entry etc

3 Power to enter and search vehicles

1 This paragraph applies where—
a a constable has reasonable grounds to suspect that there is relevant evidence in a vehicle, and
b the vehicle is not a dwelling.
2 The constable may at any time—
a enter the vehicle and search it for relevant evidence;
b stop and detain the vehicle for the purposes of entering and searching it.
3 Where—
a a constable has stopped a vehicle under this paragraph, and
b the constable considers that it would be impracticable to search the vehicle in the place where it has stopped,
the constable may require the vehicle to be taken to such place as the constable directs to enable the vehicle to be searched.
4 A constable may require—
a any person travelling in a vehicle, or
b the registered keeper of a vehicle,
to provide such facilities and assistance with respect to matters under that person’s control as the constable considers would facilitate the exercise of any power conferred by this paragraph.
5 The powers conferred by this paragraph may be exercised in any place to which the constable lawfully has access (whether or not it is a place to which the public has access).

4 Power to enter and search vessels or aircraft

1 This paragraph applies where—
a a constable has reasonable grounds to suspect that there is relevant evidence in or on any vessel or aircraft, and
b the vessel or aircraft is not a dwelling.
2 The constable may at any time—
a board the vessel or aircraft, and
b search it for relevant evidence.
3 For the purposes of exercising the power conferred by sub-paragraph (2), the constable may require a vessel or aircraft—
a to stop, or
b to do anything else that will facilitate the boarding of that or any other vessel or aircraft.
4 A constable who has boarded a vessel or aircraft may, for the purposes of disembarking from the vessel or aircraft, require that or any other vessel or aircraft—
a to stop, or
b to do anything else that will enable the constable to disembark from the vessel or aircraft.
5 A constable may require any person on board a vessel or aircraft to provide such facilities and assistance with respect to matters under that person’s control as the constable considers would facilitate the exercise of any power conferred by this paragraph.

5 Warrant conferring power to enter and search premises

1 Where a justice is satisfied that the requirements in sub-paragraph (3) are met in relation to any premises, the justice may issue a warrant (a “search warrant”) authorising a constable—
a to enter the premises, and
b to search them for relevant evidence.
2 A search warrant may be either—
a a warrant that relates only to premises specified in the warrant (a “specific-premises warrant”), or
b in the case of a warrant issued in England and Wales or Northern Ireland, a warrant that relates to any premises occupied or controlled by a person specified in the warrant (an “all-premises warrant”).
3 The requirements of this sub-paragraph are met in relation to premises if there are reasonable grounds to suspect that—
a there are items on the premises that are relevant evidence, and
b in a case where the premises are specified in the application, any of the following conditions is met—
i that it is not practicable to communicate with any person entitled to grant entry to the premises;
ii that it is not practicable to communicate with any person entitled to grant access to the items;
iii that entry to the premises is unlikely to be granted unless a warrant is produced;
iv that the purpose of entry may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

6 Applications for search warrants

1 A search warrant may be issued under paragraph 5 only on the application of—
a a constable, in England and Wales or Northern Ireland;
b a constable or a procurator fiscal, in Scotland.
2 An application for a search warrant may be made without notice being given to persons who might be affected by the warrant.
3 The application must be supported—
a in England and Wales, by information in writing;
b in Scotland, by evidence on oath;
c in Northern Ireland, by a complaint on oath.
4 A person applying for a search warrant must answer on oath any question that the justice hearing the application asks the person.
5 In the case of an application made by a procurator fiscal, the requirement under sub-paragraph (4) may be met by a constable or a person who has the powers of a constable.
6 Part 3 of this Schedule contains further provision about applications in England and Wales or Northern Ireland for search warrants under paragraph 5.

7 Execution of search warrants

1 A search warrant may be executed by any constable.
2 A search warrant may authorise persons to accompany a constable who is executing it.
3 A person authorised under sub-paragraph (2) to accompany a constable who is executing a search warrant—
a may exercise any power conferred by paragraph 5, 8 or 9 which the constable may exercise as a result of the warrant, but
b may exercise such a power only in the company of, and under the supervision of, the constable.
4 In sub-paragraphs (2) and (3) “constable” includes a person who has the powers of a constable.
5 Part 4 of this Schedule contains further provision about the execution in England and Wales or Northern Ireland of search warrants under paragraph 5.

8 Powers of examination etc

1 This paragraph applies where a constable is exercising a power of search conferred by this Schedule in relation to any premises.
2 The constable may examine anything that is in or on the premises.
3 The constable may break open any container or other locked thing, so far as this is reasonably necessary for the purpose of exercising—
a a power of search conferred by this Schedule, or
b a power conferred by this paragraph.
4 The constable may require any person in or on the premises to provide such facilities and assistance with respect to matters under that person’s control as the constable considers would facilitate the exercise of—
a a power of search conferred by this Schedule, or
b a power conferred by this paragraph.
5 Nothing in this paragraph confers a power to search a person.

9 Power to require production of documents etc

1 This paragraph applies where a constable is exercising a power of search conferred by this Schedule in relation to any premises.
2 The constable may require any person in or on the premises to produce any document or record that is in the person’s possession or control.
3 A reference in this paragraph to the production of a document includes a reference to the production of—
a a hard copy of information recorded otherwise than in hard copy form, or
b information in a form from which a hard copy can be readily obtained.
4 For the purposes of this paragraph—
a information is recorded in hard copy form if it is recorded in a paper copy or similar form capable of being read (and references to hard copy have a corresponding meaning);
b information can be read only if—
i it can be read with the naked eye, or
ii to the extent that it consists of images (for example photographs, pictures, maps, plans or drawings), it can be seen with the naked eye.

10 Power to use reasonable force

1 A constable may use reasonable force, if necessary, for the purpose of exercising a power conferred by this Schedule.
2 A person authorised under paragraph 7(2) to accompany a person who is executing a search warrant may use reasonable force, if necessary, for the purpose of exercising a power conferred by any of paragraphs 5 to 9.

11 Obstruction etc

1 A person commits an offence if, without reasonable excuse, the person intentionally obstructs a constable in the performance of a function conferred by this Schedule.
2 A person commits an offence if—
a the person fails without reasonable excuse to comply with a requirement reasonably made, or a direction reasonably given, by a constable in the exercise of a power conferred by this Schedule, or
b the person prevents any other person from complying with any such requirement or direction.
3 In this paragraph “constable” includes—
a a person who has the powers of a constable;
b a person authorised under paragraph 7(2) to accompany a person who is executing a search warrant.
4 A person who commits an offence under this paragraph is liable—
a on summary conviction in England and Wales, to a fine;
b on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

Part 3 Applications for search warrants: England and Wales and Northern Ireland

12 Introduction

1 This Part of this Schedule applies to applications in England and Wales or Northern Ireland for search warrants under paragraph 5.
2 In this Part of this Schedule “specific-premises warrant” and “all-premises warrant” have the meaning given by paragraph 5.

13 Applications for warrants

1 A person applying for a search warrant must—
a state that the application is for a warrant under paragraph 5,
b specify the matters set out in sub-paragraph (2) or (3) (as the case may be),
c state what are the grounds for suspecting that relevant evidence is on the premises, and
d identify, so far as is possible, the offence to which the relevant evidence relates.
2 If the person is applying for a specific-premises warrant, the person must specify each set of premises that it is desired to enter and search.
3 If the person is applying for an all-premises warrant, the person must specify—
a as many of the sets of premises that it is desired to enter and search as it is reasonably practicable to specify,
b the person who is in occupation or control of those premises and any others that it is desired to enter and search,
c why it is necessary to search more premises than those specified under paragraph (a), and
d why it is not reasonably practicable to specify all the premises that it is desired to enter and search.
4 If the person is applying for a search warrant authorising entry and search on more than one occasion, the person must also state—
a the ground on which the person applies for such a warrant, and
b whether the person seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired.

14 Warrant: whether authorises one or multiple entries

A search warrant authorises entry on one occasion only, unless it specifies that it authorises multiple entries.

15 Form of warrants

A search warrant must—
a specify the name of the person who applies for it,
b specify the date on which it is issued,
c state that the warrant is issued under paragraph 5 of this Schedule,
d specify each set of premises to be searched, or (in the case of an all-premises warrant) the person who is in occupation or control of premises to be searched, together with any premises to be searched that are under the person’s occupation or control and can be specified, and
e identify, so far as is possible, the offence to which the relevant evidence suspected to be on the premises relates.

16 Copies of warrants

1 Two copies must be made of a search warrant that specifies only one set of premises and does not authorise multiple entries.
2 As many copies as are reasonably required may be made of any other kind of search warrant.
3 The copies must be clearly certified as copies.

Part 4 Execution of search warrants: England and Wales and Northern Ireland

17 Introduction

1 This Part of this Schedule applies to the execution in England and Wales or Northern Ireland of a search warrant under paragraph 5.
2 In this Part of this Schedule “specific-premises warrant” and “all-premises warrant” have the meaning given by paragraph 5.
3 In paragraphs 21, 22 and 24 “constable” includes a person who has the powers of a constable.

18 Warrant to be executed within one month

Entry and search under a search warrant must be within one month from the date of its issue.

19 All-premises warrants

1 In the case of an all-premises warrant, premises that are not specified in the warrant may be entered and searched only if a senior officer has authorised them to be entered.
2 An authorisation under sub-paragraph (1) must be in writing.
3 In this paragraph “senior officer” means—
a a constable of at least the rank of inspector, or
b a National Crime Agency officer who—
i is designated under section 10 of the Crime and Courts Act 2013 as a person having the powers and privileges of a constable, and
ii is of grade 3 or above.

20 Search of premises more than once

1 Premises may be entered or searched for the second or any subsequent time under a search warrant authorising multiple entries only if a senior officer has authorised that entry to the premises.
2 An authorisation under sub-paragraph (1) must be in writing.
3 In this paragraph “senior officer” has the meaning given by paragraph 19.

21 Time of search

Entry and search under a search warrant must be at a reasonable hour unless it appears to the constable executing it that the purpose of a search may be frustrated on an entry at a reasonable hour.

22 Evidence of authority etc

1 Where the occupier of premises to be entered and searched under a search warrant is present at the time when a constable seeks to execute the warrant, the following requirements must be satisfied—
a the occupier must be told the constable’s name;
b if not a constable in uniform, the constable must produce to the occupier documentary evidence that they are a constable;
c the constable must produce the warrant to the occupier;
d the constable must supply the occupier with a copy of it.
2 Where the occupier of premises to be entered and searched under a search warrant is not present at the time when a constable seeks to execute the warrant—
a if some other person who appears to the constable to be in charge of the premises is present, sub-paragraph (1) has effect as if a reference to the occupier were a reference to that other person;
b if not, the constable must leave a copy of the warrant in a prominent place on the premises.

23 Extent of search

A search under a search warrant may only be a search to the extent required for the purpose for which the warrant was issued.

24 Securing premises after entry

A constable who enters premises under a search warrant must take reasonable steps to ensure that when the constable leaves the premises they are as secure as they were before the entry.

25 Return and retention of warrant

1 A search warrant must be returned to the appropriate person (see sub-paragraph (2))—
a when the warrant has been executed, or
b no more than one month after the date of its issue, if the warrant is—
i a specific-premises warrant that has not been executed,
ii an all-premises warrant, or
iii a warrant authorising multiple entries.
2 The appropriate person is—
a in the case of a warrant issued in England and Wales, the designated officer for the local justice area in which the justice of the peace was acting when issuing the warrant;
b in the case of a warrant issued in Northern Ireland, the clerk of petty sessions for the petty sessions district in which the lay magistrate was acting when issuing the warrant.
3 The appropriate person must retain a search warrant returned under sub-paragraph (1) for 12 months from the date of its return.
4 If during that period the occupier of premises to which the search warrant relates asks to inspect it, the occupier must be allowed to do so.

Schedule 17 

Specified memorials

Section 161

Part 1 War memorials

1 Arcade of Former Archbishops Palace, York (including the walls and railings under the arches of the Arcade).
2 Arch of Remembrance, Leicester.
3 Cenotaph, Whitehall, London.
4 Charles Church, Plymouth (being the entire derelict structure of that church).
5 Chatham Naval War Memorial.
6 Edith Cavell Memorial, St Martin’s Place, London.
7 Eleanor Cross, Sledmere.
8 Hall of Memory, Centenary Square, Birmingham.
9 Guards Memorial, Horse Guards Parade, London.
10 Liverpool Cenotaph.
11 Merchant Navy Memorial, Tower Hill, London.
12 Plymouth Naval War Memorial.
13 Port Sunlight War Memorial.
14 Portsmouth Naval War Memorial.
15 Preston War Memorial.
16 The Response, Newcastle upon Tyne.
17 Rochdale Cenotaph.
18 Royal Artillery Memorial, Hyde Park Corner, London.
19 Southampton Cenotaph.
20 Spalding War Memorial.
21 Statue of Captain Albert Ball, Nottingham Castle Gardens, Nottingham.
22 Town and County War Memorial, Northampton.
23 Wagoners’ Memorial, Sledmere.
24 Ely War Memorial (and the wall in which it is situated, extending east from the Almonry to the west end of No. 2 Fore Hill).
25 Monument to the Women of World War II, Whitehall, London.

Part 2 Parts of war memorials

26 The external walls and roof of Alcester Town Hall, and any fixtures attached to any of those walls or that roof.

Part 3 Other memorials

27 Statue of Sir Winston Churchill, Parliament Square, London.
28 Holocaust Memorial Garden, Hyde Park, London.

Schedule 18 

Suspension of internet protocol addresses and internet domain names

Section 170

1 Applications for IP address suspension orders

1 An appropriate officer may make an application to a judge for an IP address suspension order.
2 An IP address suspension order is an order requiring a specified IP address provider to prevent access to a specified IP address for a specified period.
3 The specified period may not be longer than 12 months.
4 “Specified” means specified in the order.

2 Conditions for making an IP address suspension order

1 A judge may grant an application for an IP address suspension order if satisfied that there are reasonable grounds to believe that conditions 1 to 4 are met in relation to the IP address to which the application relates.
2 Condition 1 is that the IP address is being used for the purposes of serious crime (see paragraph 19).
3 Condition 2 is that—
a a UK person is using the IP address for the purposes of serious crime,
b a UK person is a victim of the serious crime for the purposes of which the IP address is being used,
c the IP address is being used for the purposes of serious crime connected with unlicensed gambling, or
d the IP address is allocated to a device located in the United Kingdom.
4 Condition 3 is that it is necessary and proportionate to prevent access to the IP address to prevent it being used for the purposes of serious crime.
5 Condition 4 is that—
a access to the IP address will not be prevented unless an IP address suspension order is made, or
b if access to the IP address is prevented otherwise than in accordance with an IP address suspension order, there will be serious prejudice to the prevention, restriction or disruption of the serious crime for the purposes of which the IP address is being used.

3 Applications for domain name suspension orders

1 An appropriate officer may make an application to a judge for a domain name suspension order.
2 A domain name suspension order is an order requiring—
a a specified internet domain registry, or
b a specified registrar for an internet domain registry,
to prevent access to a specified internet domain name for a specified period.
3 The specified period may not be longer than 12 months.
4 “Specified” means specified in the order.

4 Conditions for making a domain name suspension order

1 A judge may grant an application for a domain name suspension order if satisfied that there are reasonable grounds to believe that conditions 1 to 4 are met in relation to the internet domain name to which the application relates.
2 Condition 1 is that the internet domain name is being, or will be, used for the purposes of serious crime (see paragraph 19).
3 Condition 2 is that—
a a UK person is using, or will use, the internet domain name for the purposes of serious crime,
b a UK person—
i is a victim of the serious crime for the purposes of which the internet domain name is being used, or
ii will be a victim of the serious crime for the purposes of which it will be used,
c the internet domain name is being used for the purposes of serious crime connected with unlicensed gambling, or
d the internet domain name is hosted on a device located in the United Kingdom.
4 Condition 3 is that it is necessary and proportionate to prevent access to the internet domain name to prevent it being used for the purposes of serious crime.
5 Condition 4 is that—
a access to the internet domain name will not be prevented unless a domain name suspension order is made, or
b if access to the internet domain name is prevented otherwise than in accordance with a domain name suspension order, there will be serious prejudice to the prevention, restriction or disruption of the serious crime for the purposes of which the internet domain name is being, or will be, used.

5 Applications for suspension orders: non-disclosure duty

1 This paragraph applies where notice of an application for a suspension order is given to the person against whom the order is sought.
2 That person must not disclose the making of the application or its contents to any person except—
a with the permission of a judge, or
b with the written permission of an appropriate officer (who in England and Wales or Northern Ireland must be within the same sub-paragraph of paragraph 14(1)(a) or (b) as the appropriate officer who made the application for a suspension order).
3 If the application for a suspension order is dismissed, withdrawn or abandoned sub-paragraph (2) ceases to apply, subject to sub-paragraph (4).
4 If the application for a suspension order is dismissed a judge may, on the application of an appropriate officer, make an order that sub-paragraph (2) is to continue to apply.
5 An order under sub-paragraph (4) must specify or describe when sub-paragraph (2) is to cease to apply.
6 If the judge grants the application for a suspension order, sub-paragraph (2) ceases to apply—
a if the suspension order does not impose a non-disclosure requirement under paragraph 6, when the suspension order is made, or
b if the suspension order imposes a non-disclosure requirement under paragraph 6, when that requirement expires.

6 Inclusion of non-disclosure requirements in suspension orders

1 A suspension order may impose a non-disclosure requirement on the person against whom the order is made.
2 A non-disclosure requirement is a requirement not to disclose the making of the order or its contents to any person except—
a with the permission of a judge, or
b with the written permission of an appropriate officer (who in England and Wales or Northern Ireland must be within the same sub-paragraph of paragraph 14(1)(a) or (b) as the appropriate officer who made the application for the order).
3 A suspension order that imposes a non-disclosure requirement must specify or describe when the requirement is to expire.

7 Discharge and variation of suspension orders

1 A judge may discharge or vary a suspension order on an application by—
a an appropriate officer, or
b any person affected by the order.
2 If a judge discharges a suspension order which imposes a non-disclosure requirement, they may order that the person against whom the order was made is to remain subject to the non-disclosure requirement.
3 An order under sub-paragraph (2) may specify or describe a different time when the non-disclosure requirement is to expire than that specified or described in the order that is being discharged.
4 Sub-paragraph (1) is subject to paragraph 8.

8 Extension of suspension orders

1 An appropriate officer may make an application to a judge for the extension of the specified period.
2 The “specified period” is the period specified in a suspension order as the period for which access to an IP address or internet domain name is to be prevented.
3 The application must be made before the end of the specified period.
4 A judge may grant the application if satisfied that there are reasonable grounds to believe that it is necessary and proportionate to continue to prevent access to the IP address or internet domain name to prevent it being used for the purposes of serious crime.
5 If the application is granted, the extended specified period must end no later than 12 months after the day on which the specified period would have ended if the application had not been made.
6 If the suspension order imposes a non-disclosure requirement the judge may also, on the application of the appropriate officer, vary the time at which the non-disclosure requirement is to expire.
7 The specified period may be extended more than once.

9 Discharge and variation of non-disclosure orders

1 A judge may discharge or vary a non-disclosure order on an application by—
a an appropriate officer, or
b the person against whom the order was made.
2 A “non-disclosure order” means an order under—
a paragraph 5(4) (non-disclosure order on dismissal of application), or
b paragraph 7(2) (non-disclosure order on discharge of suspension order).

10 Applications: further provision

1 An application under this Schedule made by an appropriate officer may be made without notice to a judge in chambers.
2 In England and Wales and Northern Ireland, an appropriate officer may not make an application under this Schedule unless the officer—
a is a senior officer, or
b is authorised by a senior officer to make the application.
3 In England and Wales and Northern Ireland, an application under this Schedule made by an appropriate officer (other than an application for a suspension order) must be made by an appropriate officer who is within the same sub-paragraph of paragraph 14(1)(a) or (b) as the appropriate officer who made the application for the suspension order.

11 Service of notices and orders

1 This paragraph applies to—
a notice of an application made by an appropriate officer under this Schedule;
b an order under this Schedule.
2 The notice or order may be served on a person (whether the person is in the United Kingdom or outside it) by such means, including electronic means, as rules of court permit.
3 The notice or order may be served on a person outside the United Kingdom in any of the following ways (as well as by electronic or other means of service)—
a by delivering it to the person’s principal office within the United Kingdom or, if the person has no such office in the United Kingdom, to any place in the United Kingdom where the person carries on business or conducts activities,
b if the person has specified an address in the United Kingdom as one at which the person, or someone on the person’s behalf, will accept service of documents of the same description as the notice or order, by delivering it to that address, or
c by making it available for inspection (whether to the person or to someone acting on the person’s behalf) at a place in the United Kingdom (subject to sub-paragraph (4)).
4 The notice or order may be served on a person outside the United Kingdom in the way mentioned in sub-paragraph (3)(c) only if—
a it is not reasonably practicable for it to be served by any other means (whether as mentioned in sub-paragraph (3)(a) or (b) or otherwise), and
b the person serving it takes such steps as they consider appropriate for the purpose of bringing its contents, and its availability for inspection, to the attention of the person on whom it is being served.
5 The steps mentioned in sub-paragraph (4)(b) must be taken as soon as reasonably practicable after the notice or order is made available for inspection.

12 Rules of court

Provision as to the practice and procedure to be followed in connection with proceedings relating to orders under this Schedule may be made—
a in England and Wales, by Criminal Procedure Rules;
b in Northern Ireland, by Crown Court Rules;
c in Scotland (without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995), by rules of court made by Act of Adjournal.

13 Effect of orders

In England and Wales and Northern Ireland, an order under this Schedule has effect as if it were an order of the court.

14 “Appropriate officer” and “senior officer”

1 In this Schedule “appropriate officer”—
a in England and Wales, means—
i a constable,
ii a National Crime Agency officer,
iii an officer of Revenue and Customs,
iv a member of staff of the Financial Conduct Authority, or
v a person designated or appointed as an enforcement officer by the Gambling Commission under section 303 of the Gambling Act 2005;
b in Northern Ireland, means—
i a constable,
ii a National Crime Agency officer,
iii an officer of Revenue and Customs, or
iv a member of staff of the Financial Conduct Authority;
c in Scotland, means a procurator fiscal.
2 In this Schedule “senior officer” means—
a a constable of at least the rank of superintendent;
b the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for the purposes of this Schedule;
c an officer of Revenue and Customs of at least the grade of senior officer;
d a member of staff of the Financial Conduct Authority of at least the grade of head of department;
e a member of staff of the Gambling Commission of at least the grade of director.

15 “Judge”

In this Schedule “judge” means—
a in England and Wales, a judge entitled to exercise the jurisdiction of the Crown Court;
b in Northern Ireland, a judge of the Crown Court;
c in Scotland, a sheriff or summary sheriff.

16 “IP address provider”

In this Schedule an “IP address provider” means a person (“P”) that allocates IP addresses, where those IP addresses have been allocated to P by another person for the purpose of onward allocation.

“Internet domain registry” and “registrar”

17
1 In this Schedule an “internet domain registry” means a person that—
a maintains a relevant register of internet domain names, and
b operates a computer program or server that forms part of the system that enables the names included in the register to access internet protocol addresses or other information by means of the internet.
2 “Relevant register of internet domain names” means a register of—
a the names of second level internet domains that form part of the same top level internet domain, or
b the names of third level internet domains that form part of the same second level internet domain.
3 “Second level internet domain” means an internet domain indicated by the last two elements of an internet domain name.
4 “Third level internet domain” means an internet domain indicated by the last three elements of an internet domain name.
5 “Top level internet domain” means an internet domain indicated by the last element of an internet domain name.
18
1 In this Schedule a “registrar” for an internet domain registry is a person authorised by the registry to act on behalf of end-users in connection with the registration of internet domain names.
2 “End-user” means a person who has been, or wants to be, allocated an internet domain name that is or would be included in the register maintained by the registry.

19 “Crime”, “serious crime” etc

1 In this Schedule “crime” means conduct which—
a constitutes one or more criminal offences, or
b is or corresponds to conduct which, if it all took place in a part of the United Kingdom, would constitute one or more criminal offences.
2 In this Schedule “serious crime” means crime where—
a the offence, or one of the offences, which is or would be constituted by the conduct concerned is an offence for which a person who has reached the age of 18 (or, in Scotland or Northern Ireland, 21) and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of 3 years or more, or
b the conduct involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose.
3 In this Schedule serious crime is connected with unlicensed gambling if the offence, or one of the offences, which is or would be constituted by the conduct concerned is an offence under section 33 of the Gambling Act 2005.

20 “UK person”

In this Schedule “UK person” means—
a a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
b a person who under the British Nationality Act 1981 is a British subject,
c a British protected person within the meaning of that Act,
d an individual who lives in the United Kingdom,
e a body incorporated under the law of a part of the United Kingdom, or
f an unincorporated association formed under the law of a part of the United Kingdom.

21 Further interpretation

1 This paragraph applies for the interpretation of this Schedule.
2 “Domain name suspension order” has the meaning given by paragraph 3(2).
3 “IP address” means an internet protocol address.
4 “IP address suspension order” has the meaning given by paragraph 1(2).
5 References to a part of the United Kingdom are references to—
a England and Wales,
b Scotland, or
c Northern Ireland.
6 “Suspension order” means—
a an IP address suspension order, or
b a domain name suspension order.

Schedule 19 

Amendments to Chapter 3 of Part 2 of the Police, Crime, Sentencing and Courts Act 2022

Section 179

1 Chapter 3 of Part 2 of the Police, Crime, Sentencing and Courts Act 2022 (extraction of information from electronic devices) is amended as follows.
2 In the Chapter heading—
a for “information from” substitute “information:”;
b after “devices” insert “and online accounts”.
3
1 Section 37 (extraction of information from electronic devices: investigations of crime etc) is amended as follows.
2 In the heading, omit “from electronic devices”.
3 After subsection (1) insert—
4 In subsection (2)—
a for “power” substitute “powers”;
b after “(1)” insert “and (1A)”.
5 In subsection (5)—
a after “(1)” insert “or (1A)”;
b after “electronic device” (in both places) insert “, or accessible by means of the online account,”.
6 In subsection (6)—
a in the words before paragraph (a), after “the power” insert “in subsection (1) or (1A)”;
b in paragraph (b), after “(1)” insert “or (1A)”.
7 In subsection (7), after “(1)” insert “or (1A)”.
8 In subsection (8), after “(1)” insert “or (1A)”.
9 In subsection (9), after “the power” insert “in subsection (1) or (1A)”.
10 In subsection (10)—
a in paragraph (a), for the words from “information” to the end substitute
;
b in paragraph (b)(ii), after “(1)” insert “or (1A)”.
11 In subsection (11), after “(1)” insert “or (1A)”.
12 In subsection (13)—
a after the definition of “information” insert—
;
b for the definition of “user” substitute—
4
1 Section 38 (application of section 37 to children and adults without capacity) is amended as follows.
2 After subsection (2) insert—
3 In subsection (3), for “subsection (2)” substitute “subsections (2) and (2B)”.
4 In subsection (4), after “(2),” insert “or the power under section 37(1A) by virtue of subsection (2B),”.
5 In subsection (5)—
a after “37(1)” insert “or (1A)”;
b after “(2)” insert “or (2B)”.
6 After subsection (7) insert—
7 In subsection (8)—
a in the words before paragraph (a), for “subsection (7)” substitute “subsections (7) and (7B)”;
b after “and (b)” (in each place) insert “, or for the purposes of subsection (7B)(a) and (b),”.
8 In subsection (9), for the words from “prevents” to the end substitute
9 In subsection (10), after “and (b)” (in each place) insert “or (1A)(a) and (b)”.
10 In subsection (11), in the definition of “relevant authorised person”, for the words from “person”” to the end substitute “person”—
.
5
1 Section 39 (requirements for voluntary provision and agreement) is amended as follows.
2 After subsection (1) insert—
3 In subsection (2), for the words from “to provide” to the end substitute
4 In subsection (3)—
a in paragraph (d), for the words from “may” to the end substitute
;
b in paragraph (e), for the words from “P refuses” to the end substitute
5 In subsection (4), for the words from “that” to the end substitute
6
1 Section 40 (application of section 37 where user has died etc) is amended as follows.
2 After subsection (1) insert—
3 In subsection (2)—
a in paragraph (a), for “, and” substitute “and the person was a user of the device immediately before their death, or”;
b for paragraph (b) substitute—
4 In subsection (3)(a), after “device” insert “or online account”.
5 In subsection (4)—
a in paragraph (a), after “device” insert “or online account”;
b in paragraph (b), for the words from “was” to the end substitute
.
6 In subsection (5), after “(1)” insert “or (1A)”.
7
1 Section 41 (extraction of information from electronic devices: investigations of death) is amended as follows.
2 In the heading, omit “from electronic devices”.
3 After subsection (1) insert—
4 In subsection (2)—
a for “power” substitute “powers”;
b after “(1)” insert “and (1A)”.
5 In subsection (3)—
a for “the power” substitute “the powers”;
b after “(1)” insert “and (1A)”;
c for “that power” substitute “those powers”.
6 In subsection (4)—
a after “(1)” insert “or (1A)”;
b in paragraph (a), after “device” insert “, or accessible by means of the online account,”.
7 In subsection (5), after “the power” insert “in subsection (1) or (1A)”.
8 In subsection (6), after “the power” insert “in subsection (1) or (1A)”.
9 In subsection (7), after “(1)” insert “or (1A)”.
10 In subsection (8), after “the power” insert “in subsection (1) or (1A)”.
11 In subsection (9)(a), for the words from “information” to the end substitute
.
12 In subsection (10), after “(1)” insert “or (1A)”.
8 In section 42 (code of practice about the extraction of information), in subsection (1)—
a after “37(1) and” insert “(1A) and”;
b after “41(1)” insert “and (1A)”.
9
1 Section 44 (authorised persons) is amended as follows.
2 In subsection (2), for “power in subsection (1)” substitute “powers in subsections (1) and (1A)”.
3 In subsection (3)—
a for “power” substitute “powers”;
b after “41(1)” insert “and (1A)”.
10 In Schedule 3 (extraction of information from electronic devices: authorised persons)—
a in the Schedule heading, omit “from electronic devices”;
b after “electronic devices” (in each place) insert “, or the extraction of information accessible by means of online accounts,”.

Schedule 20 

Drug testing in police detention: trigger offences

Section 183

This is the Schedule to be inserted after Schedule 2A to the Police and Criminal Evidence Act 1984—

Schedule 21 

Confiscation orders: England and Wales

Section 189(1)

Part 1 The principal objective

1
1 The Proceeds of Crime Act 2002 is amended as follows.
2 At the beginning of Part 2 insert—
3 In the italic heading before section 69, after “of” insert “specific”.
4 In section 69 (powers of court and receiver etc)—
a in the heading, at the beginning insert “Specific”;
b in subsection (3), in the words before paragraph (a), after “subject to” insert “the principal objective (see section 5A) and”.

Part 2 Criminal lifestyle

2 Prosecutor’s discretion

1 The Proceeds of Crime Act 2002 is amended as follows.
2 In section 6(4) (making of order: criminal lifestyle and conduct)—
a in paragraph (a), at the beginning insert “if asked to do so by the prosecutor”;
b in paragraph (b), after “if” insert “(pursuant to paragraph (a))”;
c in paragraph (c), at the beginning insert “if it is not asked to decide whether the defendant has a criminal lifestyle or”.
3 In section 16 (statement of information)—
a after subsection (2) insert—
;
b in subsection (3), for “prosecutor believes”, in the first place it occurs, substitute “case is one in which the court is asked to decide whether”;
c in subsection (5), for “prosecutor does not believe” substitute “case is one in which the court is not asked to decide whether”.
4 In section 20(2) (no order made: reconsideration of benefit)—
a omit “has decided that”;
b in paragraph (a), for “the defendant has a criminal lifestyle but” substitute “has decided under section 6(4)(b) that the defendant”;
c in paragraph (b), for “the defendant does not have a criminal lifestyle and” substitute “has decided under section 6(4)(c) that the defendant”.

3 The serious risk of injustice test

In section 10 of the Proceeds of Crime Act 2002 (assumptions to be made in case of criminal lifestyle), after subsection (6) insert—

4 Cases in which defendant has a criminal lifestyle

1 Section 75 of the Proceeds of Crime Act 2002 (criminal lifestyle) is amended as follows.
2 In subsection (3)—
a after “benefited”, in the first place it occurs, insert “, or intended to benefit,”;
b in paragraph (a)—
i for “three”, in both places it occurs, substitute “two”;
ii after “benefited” insert “or intended to benefit”;
c in paragraph (b), after “benefited” insert “or intended to benefit”.
3 The amendments made by sub-paragraph (2)(a), (b)(ii) and (c) do not apply in relation to conduct that took place wholly or partly before the date on which those provisions come into force.

5 Criminal lifestyle offences

1 Schedule 2 to the Proceeds of Crime Act 2002 (criminal lifestyle offences) is amended as follows.
2 In paragraph 8(1) (offences in connection with brothels), after “section 33” insert “, 33A”.
3 After paragraph 9B insert—
4 An amendment made by sub-paragraph (2) or (3) does not apply in relation to an offence committed wholly or partly before the coming into force of the sub-paragraph in question.

Part 3 Provisions concerning amount to be paid under confiscation order

6 Recoverable amount

1 Section 7 of the Proceeds of Crime Act 2002 (recoverable amount) is amended in accordance with sub-paragraphs (2) and (3).
2 In subsection (2), for “shows” substitute “proves or the court is otherwise satisfied”.
3 In subsection (4)—
a in the words before paragraph (a), omit “for the purposes of subsection (1),”;
b before paragraph (a) insert—
;
c omit the “and” at the end of paragraph (c);
d at the end insert—
4 In section 21 of that Act (order made: reconsideration of benefit)—
a for subsection (1)(b) substitute—
;
b after subsection (1) insert—

7 Hidden property

1 The Proceeds of Crime Act 2002 is amended as follows.
2 In section 9(1) (available amount)—
a omit the “and” at the end of paragraph (a);
b at the end of paragraph (b) insert
3 After that section insert—
4 In section 21 (order made: reconsideration of benefit), in subsection (8)(b), for “section 9” substitute “sections 9 and 9A”.
5 In section 22 (order made: reconsideration of available amount), in subsection (3), for “section 9” substitute “sections 9 and 9A”.
6 In section 23 (inadequacy of available amount: variation of order), in subsection (2), for “section 9” substitute “sections 9 and 9A”.

8 Tainted gifts

In section 77 of the Proceeds of Crime Act 2002 (tainted gifts), for subsection (5) substitute—

9 Benefit

1 The Proceeds of Crime Act 2002 is amended as follows.
2 In section 76 (conduct and benefit), after subsection (7) insert—
3 In section 84 (property: general provisions)—
a in subsection (2)(b), at the end insert “(and see subsection (3))”;
b after subsection (2) insert—

10 Value of property obtained

1 The Proceeds of Crime Act 2002 is amended as follows.
2 In section 79(5) (value: the basic rule), after “80” insert “, 80A”.
3 In section 80 (value of property obtained from conduct), after subsection (4) insert—
4 After that section insert—

11 Value of property sold or destroyed

1 Section 80 of the Proceeds of Crime Act 2002 (value of property obtained from conduct) is amended as follows.
2 In subsection (2), at the beginning insert “Except where subsection (3A) or (3B) applies,”.
3 After subsection (3) insert—
4 In subsection (4), after “(2)(a) and (b)” insert “and subsection (3A)(b)”.

Part 4 Priority orders

12 Priority orders

1 The Proceeds of Crime Act 2002 is amended as follows.
2 In section 13 (effect of confiscation order on court’s other powers), for subsections (5) and (6) substitute—
3 In section 19 (no order made: reconsideration of case), omit subsection (8).
4 In section 20 (no order made: reconsideration of benefit), omit subsection (12).
5 In section 21 (order made: reconsideration of benefit)—
a in subsection (9), omit paragraphs (c), (ca) and (d);
b omit subsection (10).
6 In section 22 (order made: reconsideration of available amount)—
a in subsection (5), omit paragraphs (c) and (d);
b omit subsection (6).
7 In section 55 (sums received by designated officer), for subsection (5) substitute—

Part 5 Compensation directions

13 Compensation directions

1 The Proceeds of Crime Act 2002 is amended as follows.
2 After section 22 insert—
3 In section 55 (sums received by designated officer) after subsection (5A) (inserted by paragraph 12(7)) insert—

Part 6 Procedural matters

14 Timing of confiscation proceedings and effect on sentencing

1 The Proceeds of Crime Act 2002 is amended as follows.
2 Before section 16 insert—
3 Omit sections 14 and 15 (postponement of confiscation proceedings).

15 Early resolution meeting

1 The Proceeds of Crime Act 2002 is amended as follows.
2 In section 6, after subsection (7) insert—
3 After section 15A insert—

Part 7 Reconsideration and provisional discharge

16 Order made: reconsideration

1 The Proceeds of Crime Act 2002 is amended as follows.
2 After section 21 insert—
3 In section 21 (order made: reconsideration of benefit)—
a after subsection (11) insert—
;
b in subsection (13)—
i in paragraph (a), for “if this section has not applied previously;” substitute “or”;
ii for paragraph (b) substitute—
4 In section 22 (order made: reconsideration of available amount)—
a after subsection (7) insert—
;
b in subsection (9), in paragraph (b), after “section 21” insert “or 21A,”.
5 In section 39 (reconsideration etc: variation of prison term), in subsection (1)(a), after “21,” insert “21A,”.

17 Provisional discharge of confiscation order

1 The Proceeds of Crime Act 2002 is amended as follows.
2 For sections 24 and 25 substitute—
3 In the italic heading before section 19, at the end insert “and discharge”.

Part 8 Enforcement

18 Enforcement plans

1 The Proceeds of Crime Act 2002 is amended as follows.
2 After section 13 insert—
3 In section 13A (compliance orders), in subsection (1) at the end insert “(whether or not the court also prepares an enforcement plan under section 13ZA)”.

19 The default term and the powers of the enforcing court

1 The Proceeds of Crime Act 2002 is amended as follows.
2 In the italic heading before section 35, for “as fines etc” substitute “: general”.
3 For section 35 (enforcement as fines) substitute—
4 In section 25A (recovery from estate of deceased defendant impractical: discharge of order)—
a in subsection (1)(c), at the beginning insert “in a case where the enforcing court is for the time being a magistrates’ court,”;
b in subsection (2), for “court”, the first time it appears, substitute “Crown Court”.
5 Before section 38 insert—
6 In section 39 (reconsideration etc: variation of prison term)—
a in subsection (1)—
i in paragraph (b), for “35(2A)” substitute “35A(3)”;
ii in paragraph (c), for “129(3) of the Sentencing Code” substitute “35A(2)”;
b in subsections (2) and (4), for “129(3) of the Sentencing Code” substitute “35A(2)”;
c in subsection (5)—
i for “35(2A)” substitute “35A(3)”;
ii for “129(3) of that Code” substitute “35A(2)”.
7 In section 54 (enforcement receivers), in subsection (7), for the words from “the one” to the end substitute
8 In section 459 (orders and regulations)—
a in subsection (4)(a), for “35(2C),” substitute “35A(5),”;
b in subsection (6)(a), for “35(2C),” substitute “35A(5),”.

20 Extension to Crown Court of powers in relation to money, cryptoassets and personal property

1 The Proceeds of Crime Act 2002 is amended as follows.
2 In section 67 (money)—
a in subsection (5)—
i for “a magistrates’ court” substitute “the enforcing court”;
ii for “to the designated officer for the court” substitute “, as mentioned in subsection (5ZA),”;
b after subsection (5) insert—
;
c in subsection (5B), for “a magistrates’ court” substitute “the enforcing court”;
d in subsection (6)—
i in paragraph (a), for “magistrates’ court” substitute “enforcing court”;
ii in paragraph (b), for “the court” substitute “a magistrates’ court”.
3 In section 67ZA (cryptoassets)—
a in subsection (3)—
i in the words before paragraph (a), for “A magistrates’ court” substitute “The enforcing court”;
ii in paragraph (b), for “to the designated officer for the court” substitute “, as mentioned in subsection (3A),”;
b after subsection (3) insert—
;
c in subsection (5), for “a magistrates’ court” substitute “the enforcing court”;
d in subsection (6)—
i in paragraph (a), for “magistrates’ court” substitute “enforcing court”;
ii in paragraph (b), for “the court” substitute “a magistrates’ court”.
4 In section 67A(3) (seized personal property), for “a magistrates’ court” substitute “the enforcing court”.
5 In section 67AA(2) (destruction of seized cryptoassets), for “A magistrates’ court” substitute “The enforcing court”.
6 In section 67B(1) (costs of storage and realisation), for “a magistrates’ court” substitute “the enforcing court”.
7 In section 67D (proceeds of realisation)—
a in subsection (2)(c), after “third,” insert “in a case where the sums are the proceeds of the realisation of property under section 67A,”;
b in subsection (6), in the definition of “appropriate designated officer”, for the words from “the designated officer” to the end substitute
8 In section 69(2A) (powers of court and receiver etc), in paragraph (c) for “a magistrates’ court” substitute “the enforcing court”.

21 Extension to Crown Court of powers under Schedule 5 to Courts Act 2003 to make attachment of earnings orders and applications for benefit deductions

1 Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows.
2 In paragraph 1 (application of Schedule)—
a in sub-paragraph (1) omit “(“P”)”;
b after sub-paragraph (1) insert—
3 In paragraph 2 (interpretation)—
a in sub-paragraph (1), for the words from “the sum adjudged to be paid” to the end, substitute
b after sub-paragraph (1) insert—
4 In paragraph 3(1) (meaning of “existing defaulter”), after sub-paragraph (d) (but before the “or” at the end of that sub-paragraph) insert—
.
5 In paragraph 7 (application of provisions about attachment of earnings orders and applications for benefit deductions)—
a in sub-paragraph (2), for paragraph (b) substitute—
;
b after sub-paragraph (2) insert—
6 In paragraph 9C(3B) (meaning of “P” in Part 3A), in the definition of “P”, for “paragraph 1” substitute “paragraph 2”.
7 In paragraph 11(2) (meaning of “the relevant court” in Part 4), for the words from “has the same meaning” to the end, substitute

22 Application of Attachment of Earnings Act 1971 to attachment of earnings orders made by the Crown Court

1 The Attachment of Earnings Act 1971 is amended as follows.
2 In section 6(7) (collecting officer of the court for purposes of attachment of earnings order), after paragraph (a) insert—
.
3 In section 15D (interpretation of provisions relating to finding the debtor’s employer) (as inserted by section 92 of the Tribunals, Courts and Enforcement Act 2007), after subsection (2) insert—
4 In section 17 (consolidated attachment orders), after subsection (1) insert—

23 Collection orders in respect of confiscation orders

1 Schedule 5 to the Courts Act 2003 is amended as follows.
2 In paragraph 2(2), after the definition of “a sum required to be paid by a compensation order” insert—
.
3 In paragraph 13(1) (content of collection orders), in paragraph (aa)—
a in the words before sub-paragraph (i), after “compensation order,” insert “a sum required to be paid by a confiscation order,”;
b in sub-paragraph (i), after “compensation order,” insert “the amount required to be paid under the confiscation order,”.

24 Taking control of goods to recover a sum due under a confiscation order

1 Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) is amended as follows.
2 In paragraph 3(1) (general interpretation), in the definition of “the court”, after paragraph (b) insert—
.
3 In paragraph 17 (powers to use reasonable force), after “18,” insert “18ZA,”.
4 After paragraph 18 insert—
5 In paragraph 19A(1) (power of entry where there is a controlled goods agreement), for paragraph (e) substitute—

Part 9 Restraint orders

25 Conditions for making of restraint order: risk of dissipation

1 The Proceeds of Crime Act 2002 is amended as follows.
2 In section 40 (conditions for exercise of power to make restraint order), for subsection (1) substitute—
3 In section 41(1) (power to make restraint order), for “If any condition set out in section 40 is satisfied” substitute “In a case where this section applies (see section 40),”.

26 Exception to restraint orders for reasonable legal expenses

1 The Proceeds of Crime Act 2002 is amended as follows.
2 In section 41 (restraint orders)—
a omit subsections (2A) and (2B);
b in subsection (3)—
i omit “other”;
ii after paragraph (b) insert—
;
c in subsection (4), for the words before paragraph (a) substitute “Section 41ZA applies to an exception to a restraint order if the exception makes provision for any reasonable legal expenses which—”;
d omit subsections (5A) and (5B);
e omit subsection (10).
3 After section 41 insert—
4 In section 459 (orders and regulations), in each of subsections (4)(a) and (6)(a), omit “41(5A),”.

27 Exception to restraint order for reasonable living expenses

In section 41 of the Proceeds of Crime Act 2002 (restraint orders)—
a after subsection (3) insert—
;
b at the end insert—

28 Discharge of restraint order etc: proceedings not started within reasonable time

1 The Proceeds of Crime Act 2002 is amended as follows.
2 In section 41 (restraint orders)—
a in subsection (7A), for “and (7C)” substitute “to (7CA)”;
b after subsection (7C) insert—
3 In section 42 (restraint orders: application, discharge and variation), after subsection (7) insert—

29 Restraint orders: effect of conviction

After section 42 of the Proceeds of Crime Act 2002 insert—

Part 10 Management receivers

30 Appointment of management receiver

1 The Proceeds of Crime Act 2002 is amended as follows.
2 In section 48 (appointment of management receiver)—
a after subsection (1) insert—
;
b in subsection (2), after “restraint order” insert “or (as the case may be) further detention order”;
c after subsection (2) insert—
3 In section 49 (powers of management receiver)—
a in subsection (1), after “restraint order” insert “or (as the case may be) further detention order (referred to in this section as the “relevant order”)”;
b in subsections (2), (5) and (6)(a), for “restraint order” substitute “relevant order”.
4 In section 63 (discharge and variation), in subsection (3)(a), after “section 40” insert “or 47B”.

Part 11 Appeals

31 Appeal rights in relation to confiscation proceedings

1 The Proceeds of Crime Act 2002 is amended in accordance with sub-paragraphs (2) to (9).
2 After section 67D insert—
3 In section 44A (detention of property pending appeal), in subsections (1)(b) and (2)(b), for “43(3)(b)” substitute “67J(3)(b)”.
4 In section 46 (hearsay evidence), in subsection (3)(c), for “43 or 44” substitute “67J”.
5 In section 68 (applications and appeals), in subsection (1)(b), for “43, 44, 65 or 66” substitute “67J or 67K”.
6 In section 69 (powers of court and receiver etc), in subsection (1)(a), for “and sections 62 to 67D” substitute “, sections 62 to 67D and sections 67J to 67L”.
7 In section 85 (proceedings), in subsection (6)—
a in paragraph (a), for “31(2)” substitute “67E(2)”;
b in paragraph (b), for “31(2)” substitute “67E(2)”;
c in paragraph (c)—
i for “31(2)” substitute “67E(2)”;
ii for “33” substitute “67E(6)”;
d in paragraph (d)—
i for “31(2)” substitute “67E(2)”;
ii for “33” substitute “67E(6)”;
e in paragraph (e)—
i for “31(2)” substitute “67E(2)”;
ii for “33” substitute “67E(6)”;
f in paragraph (f), for “31(2)” substitute “67E(2)”;
g in paragraph (g), for “33” substitute “67E(6)”.
8 In section 89 (procedure on appeal to the Court of Appeal), in subsection (4)—
a in paragraph (za), for “31(4)” substitute “67G(1)”;
b in paragraph (a), for “43(1) or (2)” substitute “67J(1) or (2)”;
c in paragraph (b), for “65” substitute “67K(1) to (3)”.
9 Omit—
a section 13B (appeals against compliance orders);
b sections 31 to 33 (appeals against confiscation orders);
c sections 43 and 44 (restraint orders: appeals);
d sections 65 and 66 (receivers: appeals);
e section 67C (orders in relation to seized property: appeals).
10 In section 50 of the Criminal Appeal Act 1968 (meaning of sentence)—
a in subsection (1), in paragraph (ca), omit the words from “(but” to the end;
b after subsection (3) insert—

Part 12 Consequential and related amendments

32 Courts Act 2003 (c. 39)

In the Courts Act 2003, in Schedule 8 (minor and consequential amendments), omit paragraph 406.

33 Constitutional Reform Act 2005 (c. 4)

In the Constitutional Reform Act 2005, in Schedule 9 (amendments relating to jurisdiction of the Supreme Court), omit paragraph 77(2) and (3).

34 Serious Crime Act 2007 (c. 27)

In the Serious Crime Act 2007, in Schedule 8 (abolition of Assets Recovery Agency and its Director)—
a omit paragraph 4;
b omit paragraphs 16 and 17;
c omit paragraph 19;
d omit paragraph 32.

35 Prevention of Social Housing Fraud Act 2013 (c. 3)

In the Prevention of Social Housing Fraud Act 2013, in the Schedule (consequential amendments)—
a omit paragraphs 15 and 16;
b omit paragraph 17(3);
c omit paragraph 18(3);
d omit paragraphs 19 to 21.

36 Crime and Courts Act 2013 (c. 22)

Omit sections 46 and 47 of the Crime and Courts Act 2013 (restraint orders and legal aid).

Serious Crime Act 2015 (c. 9)

37 The Serious Crime Act 2015 is amended as follows.
38 Omit section 3 (appeals in relation to confiscation orders).
39 In section 6 (confiscation and victim surcharge orders), omit subsections (4) and (5).
40 In section 10 (default sentences), omit subsection (1).
41 In Schedule 4 (minor and consequential amendments)—
a omit paragraphs 21 and 22;
b omit paragraph 23(3);
c omit paragraph 24(3);
d omit paragraphs 25 to 30.

Modern Slavery Act 2015 (c. 30)

42 The Modern Slavery Act 2015 is amended as follows.
43 In section 10 (supplementary provision about slavery and trafficking reparation orders)—
a in subsection (6)—
i for “24” substitute “24A”;
ii after “the court” insert “provisionally discharges or (as the case may be)”;
b in subsection (8), in the words before paragraph (a), for “31” substitute “67E(1) or (2) or 67G(1)”;
c in subsection (9), in the words before paragraph (a), for “33” substitute “67E(6) or 67G(5)”.
44 In Schedule 5 (minor and consequential amendments), omit paragraphs 16 to 19.

45 Criminal Finances Act 2017 (c. 22)

In section 32 of the Criminal Finances Act 2017 (reconsideration of discharged orders), omit subsections (2) and (3).

Sentencing Act 2020 (c. 17)

46 The Sentencing Act 2020 is amended as follows.
47 In section 42 (court’s duty to order payment of surcharge), in subsection (2)(b), for the words from “15” to the end substitute “15A of the Proceeds of Crime Act 2002 (effect on duty in subsection (1) where court sentences before confiscation proceedings)”.
48 In section 46 (criminal courts charge duty), in subsection (1), omit the words from “But” to the end.
49 In section 125 (exercise of court’s powers to impose fine and fix amount), in subsection (6)(b), for the words from “15” to the end substitute “15A (where court sentences before confiscation proceedings)”.
50 In section 135 (making a compensation order), in subsection (6)(b), for the words from “15” to the end substitute “15A (where court sentences before confiscation proceedings)”.
51 In section 155 (exercise of power to make a deprivation order), in subsection (3)(b), for the words from “15” to the end substitute “15A (where court sentences before confiscation proceedings)”.
52 In section 161E(5) (making an income reduction order) (as inserted by section 3 of the Sentencing Act 2026), for paragraph (b) substitute—
53
1 Schedule 22 (prospective amendments of the Sentencing Code and related legislation) is amended as follows.
2 After Part 7 insert—
3 In Part 8 (amendments of other Acts consequential on prospective change to age limit for imprisonment) at the end insert—
54 In Schedule 24 (consequential amendments)—
a omit paragraphs 183 and 184;
b omit paragraph 185(3);
c omit paragraph 186(3);
d omit paragraphs 187 and 188;
e omit paragraphs 190 to 192.

Part 13 Confiscation orders made under saved legislation: provisional discharge

55 Provisional discharge of confiscation orders made under saved legislation

1 This paragraph applies if—
a an amount remains to be paid under a confiscation order made under—
i section 1 of the Drug Trafficking Offences Act 1986,
ii section 71 of the Criminal Justice Act 1988, or
iii section 2 of the Drug Trafficking Act 1994, and
b the relevant two-year period has ended.
2 The Crown Court may, of its own motion or on an application made by a person listed in sub-paragraph (3), discharge the confiscation order on a provisional basis if the court considers that it is in the interests of justice to do so.
3 The persons are—
a the prosecutor;
b the designated officer for a magistrates’ court;
c a receiver appointed under—
i section 11 of the Drug Trafficking Offences Act 1986, in the case of a confiscation order made under section 1 of that Act;
ii section 80 of the Criminal Justice Act 1988, in the case of a confiscation order made under section 71 of that Act;
iii section 29 of the Drug Trafficking Act 1994, in the case of a confiscation order made under section 2 of that Act.
4 In deciding whether it is in the interests of justice to discharge a confiscation order on a provisional basis the court must, in particular, take into account—
a any amount that the defendant has already paid under the confiscation order;
b the extent to which the amount that remains to be paid under the order represents interest payable in respect of the order;
c any steps that have already been taken in relation to the enforcement of the order;
d the extent to which there are reasonable steps (or further reasonable steps) that could be taken in relation to the enforcement of the order;
e the amount that the court considers would be recovered if all such reasonable steps (or further reasonable steps) were to be taken.
5 Where an application under this paragraph is refused, a further application in relation to the confiscation order concerned may only be made—
a after the end of the period of two years beginning with the date of the refusal, or
b before the end of that period, with the leave of the court.
6 There is no right of appeal against a decision of the court under this paragraph to discharge, or not to discharge, a confiscation order on a provisional basis.
7 In sub-paragraph (1), the “relevant two-year period” means the period of two years beginning with—
a the day on which the confiscation order was made, or
b in a case where the order has been varied under the Drug Trafficking Offences Act 1986, Part 6 of the Criminal Justice Act 1988 or, as the case may be, Part 1 of the Drug Trafficking Act 1994, the day on which the order was varied.

56 Effect of provisional discharge under paragraph 55 and revocation of discharge

1 This paragraph applies where a confiscation order has been discharged under paragraph 55 on a provisional basis.
2 The order is to be treated as satisfied, and accordingly the proceedings against the defendant are to be treated as having concluded for the purposes of the Drug Trafficking Offences Act 1986, the Criminal Justice Act 1988 or, as the case may be, the Drug Trafficking Act 1994, subject to the rest of this paragraph.
3 The provisional discharge of the order does not prevent the making of an application in respect of the order under—
a section 14 of the Drug Trafficking Offences Act 1986, in the case of a confiscation order made under section 1 of that Act;
b section 74C or 83 of the Criminal Justice Act 1988, in the case of a confiscation order made under section 71 of that Act;
c section 15, 16 or 17 of the Drug Trafficking Act 1994, in the case of a confiscation order made under section 2 of that Act.
4 Where, on an application under any of those provisions, the court varies the order, the court may also revoke the provisional discharge of the order.
5 The Crown Court may, on an application made by a person listed in sub-paragraph (6), revoke the provisional discharge of the order if the court considers that it is in the interests of justice to do so.
6 The persons are—
a the prosecutor;
b a receiver appointed under—
i section 11 of the Drug Trafficking Offences Act 1986, in the case of a confiscation order made under section 1 of that Act;
ii section 80 of the Criminal Justice Act 1988, in the case of a confiscation order made under section 71 of that Act;
iii section 29 of the Drug Trafficking Act 1994, in the case of a confiscation order made under section 2 of that Act.
7 In deciding whether it is in the interests of justice to revoke the provisional discharge of a confiscation order the court must, in particular, take into account the matters listed in paragraph 55(4).
8 Where the court revokes the provisional discharge of a confiscation order under this paragraph—
a the order is, from the time of the revocation, no longer to be treated as satisfied, and
b accordingly—
i from that time the proceedings against the defendant are to be treated as not having been concluded, and
ii any interest which was payable in respect of the order for a period before the provisional discharge of the order but which had not been paid at the time of the provisional discharge becomes payable.
9 There is no right of appeal against a decision of the court under this paragraph to revoke, or not to revoke, the provisional discharge of a confiscation order.

57 Time for payment where provisional discharge of order is revoked

1 This paragraph applies where a court revokes the provisional discharge of a confiscation order—
a under paragraph 56(4) on an application under section 74C of the Criminal Justice Act 1988 or section 15 or 16 of the Drug Trafficking Act 1994, or
b under paragraph 56(5).
2 If the court is satisfied that the defendant is unable to pay the full amount ordered to be paid under the order on the day on which the provisional discharge is revoked, the court may make an order requiring whatever cannot be paid on that day to be paid—
a in a specified period, or
b in specified periods each of which relates to a specified amount.
3 A specified period—
a must start with the day on which the provisional discharge is revoked, and
b must not exceed three months.
4 If—
a within any specified period the defendant applies to the relevant court for that period to be extended, and
b the relevant court is satisfied that, despite having made all reasonable efforts, the defendant is unable to pay the amount to which the specified period relates within that period,
the court may make an order extending the period (for all or any part or parts of the amount in question).
5 “The relevant court” means—
a in a case where the Crown Court revoked the provisional discharge of the order, the Crown Court;
b in a case where a magistrates’ court revoked the provisional discharge of the order, a magistrates’ court.
6 An extended period—
a must start with the day on which the provisional discharge is revoked, and
b must not exceed six months.
7 An order under sub-paragraph (4)—
a may be made after the end of the specified period to which it relates, but
b must not be made after the end of the period of six months starting with the day on which the provisional discharge is revoked.
8 Periods specified or extended under this paragraph must be such that, where the court believes that a defendant will by a particular day be able—
a to pay the amount remaining to be paid, or
b to pay an amount towards what remains to be paid,
that amount is required to be paid no later than that day.
9 If—
a an application has been made under sub-paragraph (4) for a specified period to be extended,
b the application has not been determined by the court, and
c the period of six months starting with the day on which the provisional discharge was revoked has not ended,
the amount on which interest is payable in respect of the order does not include the amount to which the specified period relates.
10 The court must not make an order under sub-paragraph (2) or (4) unless it gives the prosecutor an opportunity to make representations.

58 Financial status orders

1 This paragraph applies where—
a the Crown Court has decided of its own motion to consider whether to discharge a confiscation order on a provisional basis,
b an application has been made under paragraph 55 or 56, or
c the court has discharged a confiscation order on a provisional basis and an application has been made under—
i section 14 of the Drug Trafficking Offences Act 1986, in the case of a confiscation order made under section 1 of that Act;
ii section 74C or 83 of the Criminal Justice Act 1988, in the case of a confiscation order made under section 71 of that Act;
iii section 15, 16 or 17 of the Drug Trafficking Act 1994, in the case of a confiscation order made under section 2 of that Act.
2 The relevant court may order the defendant to give the court, before the end of the period specified in the order—
a any information about the defendant’s assets and other financial circumstances, and
b any documentary or other evidence in support of that information, that the court may require in connection with the exercise of its functions under paragraph 55 or 56.
3 “The relevant court” means—
a where this paragraph applies as a result of sub-paragraph (1)(a) or (b), the Crown Court;
b where this paragraph applies as a result of sub-paragraph (1)(c), the court to which the application mentioned in that sub-paragraph is made.

Schedule 22 

Confiscation orders: Northern Ireland

Section 189(2)

Part 1 The principal objective

1
1 The Proceeds of Crime Act 2002 is amended as follows.
2 At the beginning of Part 4 insert—
3 In the italic heading before section 217, after “of” insert “specific”.
4 In section 217 (powers of court and receiver etc)—
a in the heading, at the beginning insert “Specific”;
b in subsection (3), in the words before paragraph (a), after “subject to” insert “the principal objective (see section 155A) and”.

Part 2 Criminal lifestyle

2 Prosecutor’s discretion

1 The Proceeds of Crime Act 2002 is amended as follows.
2 In section 156(4) (making of order: criminal lifestyle and conduct)—
a in paragraph (a), at the beginning insert “if asked to do so by the prosecutor”;
b in paragraph (b), after “if” insert “(pursuant to paragraph (a))”;
c in paragraph (c), at the beginning insert “if it is not asked to decide whether the defendant has a criminal lifestyle or”.
3 In section 166 (statement of information)—
a after subsection (2) insert—
;
b in subsection (3), for “prosecutor believes”, in the first place it occurs, substitute “case is one in which the court is asked to decide whether”;
c in subsection (5), for “prosecutor does not believe” substitute “case is one in which the court is not asked to decide whether”.
4 In section 170(2) (no order made: reconsideration of benefit)—
a omit “has decided that”;
b in paragraph (a), for “the defendant has a criminal lifestyle but” substitute “has decided under section 156(4)(b) that the defendant”;
c in paragraph (b), for “the defendant does not have a criminal lifestyle and” substitute “has decided under section 156(4)(c) that the defendant”.

3 The serious risk of injustice test

In section 160 of the Proceeds of Crime Act 2002 (assumptions to be made in case of criminal lifestyle), after subsection (6) insert—

4 Cases in which defendant has a criminal lifestyle

1 Section 223 of the Proceeds of Crime Act 2002 (criminal lifestyle) is amended as follows.
2 In subsection (3)—
a after “benefited”, in the first place it occurs, insert “, or intended to benefit,”;
b in paragraph (a)—
i for “three”, in both places it occurs, substitute “two”;
ii after “benefited” insert “or intended to benefit”;
c in paragraph (b), after “benefited” insert “or intended to benefit”.
3 The amendments made by sub-paragraph (2)(a), (b)(ii) and (c) do not apply in relation to conduct that took place wholly or partly before the date on which those provisions come into force.

5 Criminal lifestyle offences

1 Schedule 5 to the Proceeds of Crime Act 2002 (criminal lifestyle offences) is amended as follows.
2 In paragraph 8(1A) (offences in connection with brothels), after paragraph (f) insert—
3 Before paragraph 9A insert—
4 After paragraph 9B insert—
5 An amendment made by sub-paragraph (2) or (4) does not apply in relation to an offence committed wholly or partly before the coming into force of the sub-paragraph in question.

Part 3 Provisions concerning amount to be paid under confiscation order

6 Recoverable amount

1 Section 157 of the Proceeds of Crime Act 2002 (recoverable amount) is amended in accordance with sub-paragraphs (2) and (3).
2 In subsection (2), for “shows” substitute “proves or the court is otherwise satisfied”.
3 In subsection (4)—
a in the words before paragraph (a), omit “for the purposes of subsection (1),”;
b before paragraph (a) insert—
;
c omit the “and” at the end of paragraph (c);
d at the end insert—
4 In section 171 of that Act (order made: reconsideration of benefit)—
a for subsection (1)(b) substitute—
;
b after subsection (1) insert—

7 Hidden property

1 The Proceeds of Crime Act 2002 is amended as follows.
2 In section 159(1) (available amount)—
a omit the “and” at the end of paragraph (a);
b at the end of paragraph (b) insert
3 After that section insert—
4 In section 171 (order made: reconsideration of benefit), in subsection (8)(b), for “section 159” substitute “sections 159 and 159A”.
5 In section 172 (order made: reconsideration of available amount), in subsection (3), for “section 159” substitute “sections 159 and 159A”.
6 In section 173 (inadequacy of available amount: variation of order), in subsection (2), for “section 159” substitute “sections 159 and 159A”.

8 Tainted gifts

In section 225 of the Proceeds of Crime Act 2002 (tainted gifts), for subsection (5) substitute—

9 Benefit

1 The Proceeds of Crime Act 2002 is amended as follows.
2 In section 224 (conduct and benefit), after subsection (7) insert—
3 In section 232 (property: general provisions)—
a in subsection (2)(b), at the end insert “(and see subsection (3))”;
b after subsection (2) insert—

10 Value of property obtained

1 The Proceeds of Crime Act 2002 is amended as follows.
2 In section 227(5) (value: the basic rule), after “228” insert “, 228A”.
3 In section 228 (value of property obtained from conduct), after subsection (4) insert—
4 After that section insert—

11 Value of property realised or destroyed

1 Section 228 of the Proceeds of Crime Act 2002 (value of property obtained from conduct) is amended as follows.
2 In subsection (2), at the beginning insert “Except where subsection (3A) or (3B) applies,”.
3 After subsection (3) insert—
4 In subsection (4), after “(2)(a) and (b)” insert “and subsection (3A)(b)”.

Part 4 Priority orders

12 Priority orders

1 The Proceeds of Crime Act 2002 is amended as follows.
2 In section 163 (effect of confiscation order on court’s other powers)—
a in subsection (3)(a), for “an order under Article 14” to the end substitute “a priority order”;
b after subsection (3) insert—
;
c for subsections (5) and (6) substitute—
3 In section 169 (no order made: reconsideration of case), omit subsection (8).
4 In section 170 (no order made: reconsideration of benefit), omit subsection (12).
5 In section 171 (order made: reconsideration of benefit)—
a in subsection (9), omit paragraph (c);
b omit subsection (10).
6 In section 172 (order made: reconsideration of available amount)—
a in subsection (5), omit paragraph (c);
b omit subsection (6).
7 In section 203 (sums received by chief clerk), for subsection (5) substitute—

Part 5 Procedural matters

13 Timing of confiscation proceedings and effect on sentencing

1 The Proceeds of Crime Act 2002 is amended as follows.
2 Before section 166 insert—
3 Omit sections 164 and 165 (postponement of confiscation proceedings).

14 Early resolution meeting

1 The Proceeds of Crime Act 2002 is amended as follows.
2 In section 156, after subsection (7) insert—
3 After section 165A insert—

Part 6 Reconsideration and provisional discharge

15 Order made: reconsideration

1 The Proceeds of Crime Act 2002 is amended as follows.
2 After section 171 insert—
3 In section 171 (order made: reconsideration of benefit)—
a after subsection (11) insert—
;
b in subsection (13)—
i in paragraph (a), for “if this section has not applied previously;” substitute “or”;
ii for paragraph (b) substitute—
4 In section 172 (order made: reconsideration of available amount)—
a after subsection (7) insert—
;
b in subsection (9), in paragraph (b), after “section 171” insert “or 171A”.
5 In section 188 (reconsideration etc: variation of prison term), in subsection (1)(a), after “171,” insert “171A,”.

16 Provisional discharge of confiscation order

1 The Proceeds of Crime Act 2002 is amended as follows.
2 For sections 174 and 175 substitute—
3 In the italic heading before section 169, at the end insert “and discharge”.

Part 7 Enforcement

17 Enforcement plans

1 The Proceeds of Crime Act 2002 is amended as follows.
2 After section 163 insert—
3 In section 163A (compliance orders), in subsection (1) at the end insert “(whether or not the court also prepares an enforcement plan under section 163ZA)”.
4 After section 185 insert—

18 Power to compel defendant to attend court at any stage of enforcement proceedings

After section 185A of the Proceeds of Crime Act 2002 insert—

19 Financial status order

After section 185B of the Proceeds of Crime Act 2002 insert—

20 Confiscation assistance advisers

After section 185C of the Proceeds of Crime Act 2002 insert—

21 Extension to Crown Court of powers in relation to money, cryptoassets and personal property

1 The Proceeds of Crime Act 2002 is amended as follows.
2 In section 215 (money)—
a in subsection (5), for “a magistrates’ court” substitute “the relevant court”;
b in subsection (5B), for “a magistrates’ court” substitute “the relevant court”;
c in subsection (6)(a), for “magistrates’ court” substitute “relevant court”;
d in subsection (8), after the definition of “payment institution”, insert—
3 In section 215ZA (cryptoassets)—
a in subsection (3), in the words before paragraph (a), for “A magistrates’ court” substitute “The relevant court”;
b in subsection (6), for “a magistrates’ court” substitute “the relevant court”;
c in subsection (7)—
i in paragraph (a), for “magistrates’ court” substitute “relevant court”;
ii in paragraph (b), for “the court” substitute “a magistrates’ court”;
d after subsection (9) insert—
4 In section 215A (seized personal property)—
a in subsection (3), for “a magistrates’ court” substitute “the relevant court”;
b after subsection (3) insert—
5 In section 215AA (destruction of seized cryptoassets)—
a in subsection (2), for “A magistrates’ court” substitute “The relevant court”;
b after subsection (2) insert—
6 In section 215B(1) (costs of storage and realisation), for “a magistrates’ court” substitute “a court”.
7 In section 217(2A) (powers of court and receiver etc), in paragraph (c) for “a magistrates’ court” substitute “a court”.

Part 8 Restraint orders

22 Conditions for making of restraint order: risk of dissipation

1 The Proceeds of Crime Act 2002 is amended as follows.
2 In section 189 (conditions for exercise of power to make restraint order)—
a for subsection (1) substitute—
3 In section 190(1) (power to make restraint order), for “If any condition set out in section 189 is satisfied” substitute “In a case where this section applies (see section 189),”.

23 Exception to restraint orders for reasonable legal expenses

1 The Proceeds of Crime Act 2002 is amended as follows.
2 In section 190 (restraint orders), in subsection (4), for the words before paragraph (a) substitute “Section 190ZA applies to an exception to a restraint order if the exception makes provision for any reasonable legal expenses which—”.
3 After section 190 insert—

24 Exception to restraint order for reasonable living expenses

In section 190 of the Proceeds of Crime Act 2002 (restraint orders)—
a after subsection (3) insert—
;
b at the end insert—

25 Discharge of restraint order etc: proceedings not started within reasonable time

1 The Proceeds of Crime Act 2002 is amended as follows.
2 In section 190 (restraint orders)—
a in subsection (7A), for “and (7C)” substitute “to (7CA)”;
b after subsection (7C) insert—
3 In section 191 (restraint orders: application, discharge and variation), after subsection (7) insert—

26 Restraint orders: effect of conviction

After section 191 of the Proceeds of Crime Act 2002 insert—

Part 9 Management receivers

27 Appointment of management receiver

1 The Proceeds of Crime Act 2002 is amended as follows.
2 In section 196 (appointment of management receiver)—
a after subsection (1) insert—
;
b in subsection (2), after “restraint order” insert “or (as the case may be) further detention order”;
c after subsection (2) insert—
3 In section 197 (powers of management receiver)—
a in subsection (1), after “restraint order” insert “or (as the case may be) further detention order (referred to in this section as the “relevant order”)”;
b in subsections (2), (5) and (6)(a), for “restraint order” substitute “relevant order”.
4 In section 211 (discharge and variation), in subsection (3)(a), after “section 189” insert “or 195B”.

Part 10 Appeals

28 Appeal rights in relation to confiscation proceedings

1 The Proceeds of Crime Act 2002 is amended in accordance with sub-paragraphs (2) to (7).
2 After section 215D insert—
3 In section 193A (detention of property pending appeal), in subsections (1)(b) and (2)(b), for “192(3)(b)” substitute “215J(3)(b)”.
4 In section 216 (applications and appeals), in subsection (1)(b), for “192, 193, 213 or 214” substitute “215J or 215K”.
5 In section 217 (powers of court and receiver etc), in subsection (1)(a), for “and sections 210 to 215D” substitute “, sections 210 to 215D and sections 215J to 215L”.
6 In section 233 (proceedings), in subsection (6)—
a in paragraph (a), for “181(2)” substitute “215E(2)”;
b in paragraph (b), for “181(2)” substitute “215E(2)”;
c in paragraph (c)—
i for “181(2)” substitute “215E(2)”;
ii for “183” substitute “215E(5)”;
d in paragraph (d)—
i for “181(2)” substitute “215E(2)”;
ii for “183” substitute “215E(5)”;
e in paragraph (e)—
i for “181(2)” substitute “215E(2)”;
ii for “183” substitute “215E(5)”;
f in paragraph (f), for “181(2)” substitute “215E(2)”;
g in paragraph (g), for “183” substitute “215E(5)”.
7 Omit—
a section 163B (appeals against compliance orders);
b sections 181 to 183 (appeals against confiscation orders);
c sections 192 and 193 (restraint orders: appeals);
d sections 213 and 214 (receivers: appeals);
e section 215C (orders in relation to seized property: appeals).
8 In section 30 of the Criminal Appeal (Northern Ireland) Act 1980 (meaning of sentence)—
a in subsection (3), in paragraph (d), omit the words from “(but” to the end;
b after subsection (4) insert—

Part 11 Consequential and related amendments

29 Constitutional Reform Act 2005 (c. 4)

In the Constitutional Reform Act 2005, in Schedule 9 (amendments relating to jurisdiction of the Supreme Court), omit paragraph 77(6) and (7).

30 Serious Crime Act 2007 (c. 27)

In the Serious Crime Act 2007, in Schedule 8 (abolition of Assets Recovery Agency and its Director)—
a omit paragraph 38;
b omit paragraphs 50 and 51;
c omit paragraph 65.

Serious Crime Act 2015 (c. 9)

31 The Serious Crime Act 2015 is amended as follows.
32 Omit section 26 (appeals in relation to confiscation orders).
33 In Schedule 4 (minor and consequential amendments), omit paragraph 48.

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c.2 (N.I.))

34 The Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 is amended as follows.
35 In paragraph 3 of Schedule 2 (slavery and trafficking reparation orders)—
a in sub-paragraph (6)—
i for “174” substitute “174A”;
ii after “court” insert “provisionally”;
b in sub-paragraph (8), for “181” substitute “215E(1) or (2) or 215G(1)”;
c in sub-paragraph (9), for “183” substitute “215E(5) or 215G(5)”.
36 In Schedule 4 (minor and consequential amendments) omit paragraphs 13 to 15.

37 Criminal Finances Act 2017 (c. 22)

In section 32 of the Criminal Finances Act 2017 (reconsideration of discharged orders), omit subsections (5) and (6).

Schedule 23 

Confiscation orders: Scotland

Section 189(3)

1 Cases in which accused has a criminal lifestyle

1 In section 142 of the Proceeds of Crime Act 2002 (criminal lifestyle), in subsection (2)—
a after “benefited”, in the first place it occurs, insert “, or intended to benefit,”;
b in paragraph (a)—
i for “three”, in both places it occurs, substitute “two”;
ii after “benefited” insert “or intended to benefit”;
c in paragraph (b), after “benefited” insert “or intended to benefit”.
2 The amendments made by sub-paragraph (1)(a), (b)(ii) and (c) do not apply in relation to conduct that took place wholly or partly before the date on which those provisions come into force.

2 Compensation directions

1 The Proceeds of Crime Act 2002 is amended as follows.
2 After section 107 insert—
3 In section 131 (sums received by clerk of court) after subsection (6A) insert—

Schedule 24 

Notification requirements for child cruelty offenders: child cruelty offences

Section 193

Part 1 Child cruelty offences

1 Offences against the Person Act 1861 (c.100)

An offence under section 27 of the Offences against the Person Act 1861 (abandoning or exposing a child), if the offender—
a was 18 or over, and
b is sentenced in respect of the offence to imprisonment for a term of at least 12 months.

2 Children and Young Persons Act 1933 (c.12)

An offence under section 1 of the Children and Young Persons Act 1933 (child cruelty) if the offender—
a was 18 or over, or
b is sentenced in respect of the offence to imprisonment for a term of at least 12 months.

3 Infanticide Act 1938 (c. 36)

An offence under section 1 of the Infanticide Act 1938 (infanticide).

Female Genital Mutilation Act 2003 (c. 31)

4 An offence under section 1 of the Female Genital Mutilation Act 2003 (female genital mutilation), if—
a the victim was under 18, and
b the offender—
i was 18 or over, or
ii is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
5 An offence under section 2 of that Act (assisting a girl to mutilate her own genitalia), if—
a the victim was under 18, and
b the offender—
i was 18 or over, or
ii is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
6 An offence under section 3 of that Act (assisting a non-UK person to mutilate overseas a girl’s genitalia), if—
a the victim was under 18, and
b the offender—
i was 18 or over, or
ii is sentenced in respect of the offence to imprisonment for a term of at least 12 months.

7 Domestic Violence, Crime and Victims Act 2004 (c. 28)

1 An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 of causing or allowing a person’s death, if the victim was under 18.
2 An offence under that section of causing or allowing a person to suffer serious physical harm, if—
a the victim was under 18, and
b the offender—
i was 18 or over, or
ii is sentenced in respect of the offence to imprisonment for a term of at least 12 months.

Part 2 Corresponding service offences

8
1 An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence listed in Part 1 of this Schedule.
2 Section 48 of that Act (attempts, conspiracy, encouragement and assistance and aiding and abetting outside England and Wales) applies for the purposes of this paragraph as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to this paragraph.

Schedule 25 

Special police forces: barred persons lists and advisory lists

Section 212

Part 1 Barred persons lists

1 Duty to maintain barred persons lists

1 Each relevant policing authority must maintain a barred persons list.
2 In this Schedule “relevant policing authority” means—
a the British Transport Police Authority;
b the Civil Nuclear Police Authority;
c the Director General of the National Crime Agency;
d the Secretary of State.
3 Each barred persons list must include such information in relation to a person included in the list as is specified in regulations made by the Secretary of State.

2 Inclusion of NCA officers and constables in barred persons lists

1 The Director General of the National Crime Agency must include a person in the barred persons list maintained by them if—
a the person ceases to be an NCA officer by virtue of being dismissed at disciplinary proceedings, or
b the person is a former NCA officer and there is a finding in relation to the person in disciplinary proceedings that the person would have been dismissed if the person had still been an NCA officer.
2 Each other relevant policing authority must include a person in the barred persons list maintained by them if—
a the person ceases to be a constable of the relevant police force by virtue of being dismissed at disciplinary proceedings, or
b the person is a former constable of the relevant police force and there is a finding in relation to the person in disciplinary proceedings that the person would have been dismissed if the person had still been a constable of the relevant police force.
3 “Relevant police force” means—
a in relation to the British Transport Police Authority, the British Transport Police Force;
b in relation to the Civil Nuclear Police Authority, the Civil Nuclear Constabulary;
c in relation to the Secretary of State, the Ministry of Defence Police.

3 Inclusion of civilian employees in barred persons lists

1 This paragraph applies to—
a the Civil Nuclear Police Authority;
b the British Transport Police Authority.
2 Each relevant policing authority to which this paragraph applies must include a person in the barred persons list maintained by them if—
a the person ceases to be a civilian employee of the authority by virtue of being dismissed and the reason, or one of the reasons, for the dismissal relates to conduct, efficiency or effectiveness, or
b the person is a former civilian employee of the authority and there is a finding in relation to the person in disciplinary proceedings that, if the person had still been such an employee, the person would have been dismissed as mentioned in paragraph (a).
3 In this Schedule “civilian employee”—
a in relation to the Civil Nuclear Police Authority, means an employee of the Authority who is not a constable;
b in relation to the British Transport Police Authority, means a person employed by the Authority under section 27 of the Railways and Transport Safety Act 2003 who is—
i under the direction and control of the Chief Constable of the British Transport Police Force, or
ii designated as a community support officer or policing support officer by virtue of section 28(1)(a) of that Act.
4 For the purposes of this paragraph a person is dismissed if the circumstances in which the person ceases to be a civilian employee amount to dismissal within the meaning of Part 10 of the Employment Rights Act 1996 (see section 95 of that Act).

4 Removal of NCA officers and constables from barred persons lists

1 This paragraph applies where—
a a person included in a barred persons list by virtue of paragraph 2(1)(a) is reinstated as an NCA officer,
b a person included in a barred persons list by virtue of paragraph 2(2)(a) is reinstated as a constable of the relevant police force, or
c in relation to a person included in a barred persons list by virtue of paragraph 2(1)(b) or (2)(b), the finding that the person would have been dismissed is set aside.
2 The relevant policing authority must remove the person from the barred persons list.

5 Removal of civilian employees from barred persons lists

1 This paragraph applies where—
a the dismissal of a person included in a barred persons list by virtue of paragraph 3(2)(a) is found to have been an unfair dismissal following a complaint under section 111 of the Employment Rights Act 1996 (whether by an employment tribunal or on appeal), or
b the finding that a person included in a barred persons list by virtue of paragraph 3(2)(b) would have been dismissed is set aside at proceedings that are identified as appeal proceedings by regulations made by the Secretary of State.
2 The relevant policing authority must remove the person from the barred persons list maintained by the authority.

6 Removal from barred lists: further provision

The Secretary of State may by regulations make provision in connection with the removal of persons from barred persons lists otherwise than under paragraph 4 or 5.

7 Publication of information in barred persons lists

1 This paragraph applies to—
a the British Transport Police Authority;
b the Civil Nuclear Police Authority;
c the Secretary of State.
2 The Secretary of State may by regulations require a relevant policing authority to which this paragraph applies to publish information about persons included in the barred persons list maintained by the authority.
3 The regulations may in particular make provision about—
a the persons included in the barred persons list about whom information is to be published;
b the information which is to be published;
c when the information is to be published;
d the period for which the information is to remain published;
e how the information is to be published.

8 Power to disclose information in barred persons list

A relevant policing authority may, if it considers it to be in the public interest to do so, disclose to any person information included in its barred persons list which relates to a particular person who is included in that list.

Part 2 Advisory lists

9 Duty to maintain advisory lists

1 Each relevant policing authority must maintain an advisory list.
2 An advisory list must include such information in relation to a person as is specified in regulations made by the Secretary of State.

10 Inclusion of persons in advisory lists

1 The Director General of the National Crime Agency must include a person in the advisory list maintained by them if—
a the person ceases to be an NCA officer by resigning or retiring, and
b Condition 1 or Condition 2 is met in relation to the person.
2 Each other relevant policing authority must include a person in the advisory list maintained by them if—
a the person ceases to be a constable of the relevant police force by resigning or retiring, and
b Condition 1 or Condition 2 is met in relation to the person.
3 The Civil Nuclear Police Authority and the British Transport Police Authority must also include a person in the advisory list maintained by them if—
a the person ceases to be a civilian employee of the authority by resigning or retiring, and
b Condition 1 is met in relation to the person.
4 Condition 1 is that the resignation or retirement took place—
a after a relevant allegation about the person came to the attention of the relevant policing authority, but
b before disciplinary proceedings in respect of the allegation were brought or, if brought, before they concluded.
5 But Condition 1 is not met if, before the person resigned or retired, it was determined that no disciplinary proceedings would be brought against the person in respect of the allegation.
6 Condition 2 is that a relevant allegation about the person came to the attention of the relevant policing authority after the person resigned or retired.
7 For the purposes of this paragraph an allegation about a person is a relevant allegation if—
a it relates to the conduct, efficiency or effectiveness of the person, and
b the allegation (if proved) is of a type that might have resulted in the person being dismissed if the person had not resigned or retired.

11 Removal from advisory list

1 A relevant policing authority must remove a person from the advisory list maintained by the authority if—
a it is determined that no disciplinary proceedings will be brought against the person,
b disciplinary proceedings brought against the person are withdrawn, or
c disciplinary proceedings brought against the person are concluded without there being a finding that the person would have been dismissed if the person had not resigned or retired.
2 A relevant policing authority must remove a person from the advisory list maintained by the authority if the person is included in the barred persons list maintained by the authority.
3 The Secretary of State may by regulations make provision in connection with removals from an advisory list otherwise than under sub-paragraph (1) or (2).

12 Power to disclose information in advisory list

A relevant policing authority may, if it considers it to be in the public interest to do so, disclose to any person information included in the advisory list maintained by the authority which relates to a particular person who is included in that advisory list.

Part 3 Supplementary provision

13 Meaning of “disciplinary proceedings”

In this Schedule “disciplinary proceedings”—
a in relation to an officer or former officer of the National Crime Agency, means any proceedings or process relating to the person’s conduct and any action to be taken as a result of that conduct;
b in relation to a constable or former constable of the British Transport Police Force, means proceedings under regulations made under section 36, 37, 40 or 42 of the Railways and Transport Safety Act 2003 which apply, or deal with matters that could be dealt with by, regulations under section 50(3) or (3A) or section 51(2A) or (2B) of the Police Act 1996;
c in relation to a constable or former constable of the Civil Nuclear Constabulary, means proceedings under provision relating to matters which are the subject of regulations under section 50(3) or (3A) of the Police Act 1996;
d in relation to a constable or former constable of the Ministry of Defence Police, means proceedings under regulations made under section 3A(1A) or (1B) of the Ministry of Defence Police Act 1987;
e in relation to a civilian employee of the British Transport Police Authority or the Civil Nuclear Police Authority, has the meaning given by regulations made by the Secretary of State.

14 Interpretation: general

In this Schedule—
  • “advisory list” means a list maintained by a relevant policing authority under paragraph 9(1);
  • “barred persons list” means a list maintained by a relevant policing authority under paragraph 1(1);
  • “civilian employee” has the meaning given by paragraph 3(3);
  • “NCA officer” has the meaning given in section 16(1) of the Crime and Courts Act 2013;
  • “relevant police force” has the meaning given by paragraph 2(3);
  • “relevant policing authority” has the meaning given by paragraph 1(2).

15 Regulations

1 The Secretary of State must consult the Scottish Ministers before making regulations under this Schedule containing provision which would be within the legislative competence of the Scottish Parliament, if contained in an Act of that Parliament.
2 The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under this Schedule containing provision which—
a would be within the legislative competence of the Northern Ireland Assembly, if it were contained in an Act of that Assembly, and
b would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

Schedule 26 

Notification orders

Section 234(1)

1 The Counter-Terrorism Act 2008 is amended as follows.
2
1 Section 40 (overview) is amended as follows.
2 In subsection (2) after paragraph (a) insert—
.
3 After subsection (3) insert—
3 In section 57, in the heading for “Notification” substitute “Foreign offence notification”.
4 After that section insert—
5
1 Section 59 (application to service offences) is amended as follows.
2 The existing provision becomes subsection (1) of that section.
3 After that subsection insert—
6
1 Section 61 (meaning of “dealt with” for an offence) is amended as follows.
2 In subsection (4)(b)—
a for “or” substitute “, paragraph 2(6)(b) of Schedule 4A,”;
b after “Schedule 6” insert “or paragraph 2(6)(b) of Schedule 6A”.
3 In subsection (5), at the end of paragraph (a) (before the “and”) insert—
.
7
1 Schedule 4 is amended as follows.
2 In the Schedule heading for “Notification” substitute “Foreign offence notification”.
3 For “notification order”, in each place it appears (including in any heading except the Schedule heading), substitute “foreign offence notification order”.
8 After Schedule 4 insert—
9 After Schedule 6 insert—

Schedule 27 

Sentences for offence of breaching foreign travel restriction order

Section 235

1 Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

In Schedule 1A to the Prisoners and Criminal Proceedings (Scotland) Act 1993 (offences with restricted eligibility for release on licence), in paragraph 8 for the words from “section 54” to the end substitute

2 Criminal Procedure (Scotland) Act 1995 (c. 46)

1 The Criminal Procedure (Scotland) Act 1995 is amended as follows.
2 In section 205ZC (terrorism sentence with fixed licence period), after subsection (8) insert—
3 In paragraph 4 of Schedule 5ZB (list of terrorism offences) for the words from “section 54” to the end substitute

3 Criminal Justice Act 2003 (c.44)

1 The Criminal Justice Act 2003 is amended as follows.
2 In section 247A (restricted eligibility for release on licence) after subsection (10A) insert—
3 In paragraph 8 of Schedule 19ZA (offences to which section 247A applies) for the words from “section 54” to the end substitute

4 Counter-Terrorism Act 2008 (c. 28)

In Schedule 1A to the Counter-Terrorism Act 2008 (offences where terrorism connection not required to be considered), in paragraph 4—
a the existing text becomes sub-paragraph (1);
b after that sub-paragraph insert—

5 Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))

1 The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) is amended as follows.
2 In Article 15A (terrorism sentence with fixed licence period) after paragraph (10) insert—
3 In Article 20A (restricted eligibility for release on licence of terrorist prisoners) after paragraph (10) insert—
4 In paragraph 32 of Schedule 2A (terrorism offences specified for purposes of Articles 15A and 20A) for the words from “section 54” to the end substitute

6 Sentencing Code

1 The Sentencing Code is amended as follows.
2 In section 252A (special sentence for offenders of particular concern) after subsection (6) insert—
3 In section 265 (special sentence for offenders of particular concern) after subsection (4) insert—
4 In section 278 (special sentence for offenders of particular concern) after subsection (4) insert—
5 In paragraph 4 of Schedule A1 (terrorist connection aggravating factor - offences where terrorism connection not required to be considered)—
a the existing text becomes sub-paragraph (1);
b after that sub-paragraph insert—
6 In paragraph 4 of Schedule 13 (offences attracting special sentence for offenders of particular concern), for the words from “section 54” to the end substitute