A bill 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.
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¶
Part A1 — Respect orders
Respect orders
A1 Power to make respect orders
(1) A court may make an order under this section (“a respect order”) against a person aged 18 or over (“the respondent”) if— (a) the court is satisfied, on the balance of probabilities, that the respondent has engaged in or threatens to engage in anti-social behaviour, and (b) the court considers it just and convenient to make the order for the purpose of preventing the respondent from engaging in anti-social behaviour. (2) A respect order may for the purpose of preventing the respondent from engaging in anti-social behaviour— (a) prohibit the respondent from doing anything described in the order; (b) require the respondent to do anything described in the order. (3) Prohibitions and requirements in a respect order must, so far as practicable, be such as to avoid— (a) any interference with the times, if any, at which the respondent normally works or attends any educational establishment; (b) any conflict with the requirements of any other court order or injunction to which the respondent is subject. (4) A respect order must— (a) specify the period for which it has effect, or (b) state that it has effect until further order. (5) A respect order may specify periods for which particular prohibitions or requirements have effect. (6) A respect order may be made only on the application of a relevant authority. (7) An application for a respect order may be made to the High Court or the county court. (8) A court may treat an application for a respect order as an application under section 1A (power to grant housing injunctions) for an injunction under that section. (9) In this Part, “anti-social behaviour” means conduct that has caused, or is likely to cause, harassment, alarm or distress to any person. B1 Section A1: meaning of "relevant authority"
(1) This section applies for the purposes of section A1. (2) “Relevant authority” means— (a) a local authority, (b) a housing provider, (c) the chief officer of police for a police area, (d) the chief constable of the British Transport Police Force, (e) Transport for London, (f) Transport for Greater Manchester, (g) the Environment Agency, (h) the Natural Resources Body for Wales, (i) the Secretary of State exercising security management functions, or a Special Health Authority exercising security management functions on the direction of the Secretary of State, or (j) the Welsh Ministers exercising security management functions, or a person exercising security management functions on the direction of the Welsh Ministers or under arrangements made between the Welsh Ministers and that person. (3) In subsection (2) “security management functions” means— (a) the Secretary of State's security management functions within the meaning given by section 195(3) of the National Health Service Act 2006; (b) the functions of the Welsh Ministers corresponding to those functions. (4) A housing provider may make an application for a respect order only if the application concerns anti-social behaviour that directly or indirectly relates to or affects its housing management functions. (5) For the purposes of subsection (4) the housing management functions of a housing provider include— (a) functions conferred by or under an enactment; (b) the powers and duties of the housing provider as the holder of an estate or interest in housing accommodation. (6) In subsection (5), “housing accommodation” includes— (a) flats, lodging-houses and hostels; (b) any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it; (c) any common areas used in connection with the accommodation. (7) The Secretary of State may by regulations— (a) amend this section; (b) amend section N1 in relation to expressions used in this section. Contents of respect orders
C1 Power to exclude person from home in cases of violence or risk of harm
(1) A respect order may have the effect of excluding the respondent from the place where the respondent normally lives (“the premises”) only if two conditions are met. (2) The first condition is that the order is made on the application of— (a) a local authority, (b) the chief officer of police for the police area that the premises are in, or (c) if the premises are owned or managed by a housing provider, that housing provider. (3) The second condition is that the court considers that— (a) the anti-social behaviour in which the respondent has engaged or threatens to engage consists of or includes the use or threatened use of violence against other persons, or (b) there is a significant risk of harm to other persons from the respondent. (4) For the purposes of this section a housing provider owns premises if— (a) the housing provider is a person (other than a mortgagee not in possession) entitled to dispose of the fee simple of the premises, whether in possession or in reversion, or (b) the housing provider is a person who holds or is entitled to the rents and profits of the premises under a lease that (when granted) was for a term of 3 years or more. D1 Requirements included in respect orders
(1) A respect order that includes a requirement must specify the person (“the supervisor”) who is to be responsible for supervising compliance with the requirement.
The supervisor may be an individual or an organisation.
(2) Before including a requirement, the court must receive evidence about its suitability and enforceability from— (a) the individual to be specified as the supervisor, if an individual is to be specified; (b) an individual representing the organisation to be specified as the supervisor, if an organisation is to be specified. (3) Before including two or more requirements, the court must consider their compatibility with each other. (4) Where a court includes in a respect order a requirement the effect of which the court considers is to require the respondent to participate in a particular activity— (a) the court must declare the requirement to be an “activity requirement” for the purposes of this Part, and (b) the order must specify that the court has done so. (5) It is the duty of a person specified as the supervisor in relation to a requirement— (a) to make any necessary arrangements in connection with the requirements for which the supervisor has responsibility (the “relevant requirements”); (b) to promote the respondent's compliance with the relevant requirements; (c) to inform the person who applied for the order and (if different) the appropriate chief officer of police if the supervisor considers that the respondent has complied with all the relevant requirements. (6) If the supervisor considers that the respondent has failed to comply with a relevant requirement, the supervisor must inform the person who applied for the order and (if different) the appropriate chief officer of police unless— (a) the supervisor considers that the respondent had a reasonable excuse for the failure, or (b) section H1 applies (duty to give warning for breach of activity requirement). (7) A respondent subject to a requirement included in a respect order must— (a) keep in touch with the supervisor in relation to that requirement, in accordance with any instructions given by the supervisor from time to time; (b) notify the supervisor of any change of address. These obligations have effect as requirements of the order.(8) In this section, the appropriate chief officer of police means— (a) the chief officer of police for the police area in which it appears to the supervisor that the respondent lives, or (b) if it appears to the supervisor that the respondent lives in more than one police area, whichever of the relevant chief officers of police the supervisor considers it most appropriate to inform. Procedure
E1 Applications without notice
(1) An application for a respect order may be made without notice being given to the respondent. (2) If an application is made without notice, the court must do one of the following— (a) adjourn the proceedings and make an interim order (see section F1); (b) adjourn the proceedings without making an interim order; (c) dismiss the application. (3) Rules of court may provide that an appeal from a decision of the High Court or the county court— (a) to dismiss an application for a respect order made without notice being given to the respondent, or (b) to refuse to make an interim order when adjourning proceedings following such an application, may be made without notice being given to the respondent.F1 Interim respect orders
(1) This section applies where the court adjourns the hearing of an application (whether made with notice or without) for a respect order. (2) The court may make a respect order lasting until the final hearing of the application or until further order (an “interim respect order”) if the court considers it just to do so. (3) An interim respect order made at a hearing of which the respondent was not given notice may not have the effect of requiring the respondent to participate in particular activities. (4) Subject to that, the court has the same powers in relation to an interim respect order as it has in relation to a respect order made at a final hearing. G1 Variation and discharge of respect orders
(1) The court may vary or discharge a respect order on the application of— (a) the person who applied for the order, or (b) the respondent. (2) In subsection (1) “the court” means the court that made the order. (3) The power to vary an order includes power to include an additional prohibition or requirement in the order, or to extend the period for which a prohibition or requirement has effect. (4) If an application under this section is dismissed, the party who made the dismissed application may make no further application under this section without— (a) the consent of the court, or (b) the agreement of the other party. (5) Section D1 applies to additional requirements included under subsection (3) as it applies to requirements included in a new order. Breaches of respect orders
H1 Duty to give warning for breach of activity requirement
(1) This section applies where— (a) the supervisor responsible for an activity requirement is of the opinion that the respondent has without reasonable excuse failed to comply with the requirement, and (b) the respondent has not been given a warning under this section in relation to the requirement within the period of 12 months ending with the date of the failure. (2) The supervisor must give the respondent a warning in relation to the requirement which— (a) must be in writing, (b) must describe the circumstances of the failure to comply, and (c) must inform the respondent that if the respondent breaches the activity requirement again within the period of 12 months beginning with the date on which the warning is given, the respondent will be liable to prosecution under section I1. (3) A warning under this section may be given to a person— (a) by hand, or (b) by sending it by first class post addressed to the person at the person’s last known address. (4) As soon as practicable after giving a warning under this section, the supervisor must record that fact. (5) In this section, “supervisor” has the meaning given by section D1(1). I1 Offence of breach of respect order
(1) It is an offence for a person without reasonable excuse— (a) to do anything the person is prohibited from doing by a respect order, or (b) to fail to do anything the person is required to do by a respect order. (2) Subsection (1)(b) does not apply in relation to a failure to comply with an activity requirement unless, within the period of 12 months ending with the date of the failure, the person has been given a warning under section H1 in relation to that requirement. (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 period not exceeding 2 years or a fine (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, certified by the proper officer of the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings. Supplementary
J1 Requirement to carry out risk assessment
(1) A person applying for a respect order must before doing so carry out a risk assessment in relation to the application. (2) A risk assessment, in relation to an application for a respect order, is an assessment of— (a) the risk of any person being caused harassment, alarm or distress by the respondent’s conduct, (b) any vulnerabilities of the respondent, (c) any alternative means of preventing the respondent from engaging in anti-social behaviour, and (d) such other matters as the person considers relevant. (3) A person required to carry out a risk assessment under this section must in doing so have regard to any guidance issued by the Secretary of State under section M1. K1 Requirements to give notice of applications
(1) A person applying for a respect order must before doing so inform any person the applicant considers appropriate of the application. (2) Subsection (1) does not apply to a without-notice application. (3) Where the court adjourns a without-notice application, before the date of the first on-notice hearing the applicant must inform any other person the applicant considers appropriate of the application. (4) A person applying for variation or discharge of a respect order made on that person's application must before doing so inform any other person the applicant considers appropriate of that application. (5) In this section— “on-notice hearing” means a hearing of which notice has been given to the applicant and the respondent in accordance with rules of court; “without-notice application” means an application made without notice under section E1. L1 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 proceedings under this Part 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 proceedings under this Part— (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) This section does not affect the application of any provision of that Act to criminal proceedings relating to an offence under section I1 of this Act. M1 Guidance
(1) The Secretary of State may issue guidance to persons entitled to apply for orders under section A1 (see section B1) about the exercise of their functions under this Part. (2) The Secretary of State may revise any guidance issued under this section. (3) The Secretary of State must arrange for any guidance issued or revised under this section to be published. N1 Interpretation etc
(1) In this Part— activity requirement means a requirement which the court has declared to be an activity requirement for the purposes of this Part (see section D1(4)); “anti-social behaviour” has the meaning given by section A1(9); “harm” includes serious ill-treatment or abuse, whether physical or not; “housing provider” means— (a) a housing trust (within the meaning given by section 2 of the Housing Associations Act 1985) that is a charity, (b) a housing action trust established under section 62 of the Housing Act 1988, (c) in relation to England, a non-profit private registered provider of social housing, (d) in relation to Wales, a Welsh body registered as a social landlord under section 3 of the Housing Act 1996, or (e) any body (other than a local authority or a body within paragraphs (a) to (d)) that is a landlord under a secure tenancy within the meaning given by section 79 of the Housing Act 1985; “local authority” means— (a) in relation to England, a district council, a county council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly; (b) in relation to Wales, a county council or a county borough council; respect order means an order under section A1; “respondent” has the meaning given by section A1(1). (2) A person's age is treated for the purposes of this Part as being that which it appears to the court to be after considering any available evidence.
.(za) regulations under section B1(7),
2 Youth injunctions and housing injunctions¶
Chapter 2 — Other provision about anti-social behaviour¶
3 Maximum period for certain directions, notices and orders¶
;(7A) A police officer of at least the rank of inspector must review each direction given under this section that specifies an exclusion period exceeding 48 hours as soon as reasonably practicable after the expiry of the 48 hours.
4 Fixed penalty notices¶
(ad) the power of an authorised person to issue a fixed penalty notice under section 52 of the Anti-social Behaviour, Crime and Policing Act 2014 (fixed penalty notices in respect of failure to comply with community protection notice); (ae) the power of a constable or an authorised person to issue a fixed penalty notice under section 68 of the Anti-social Behaviour, Crime and Policing Act 2014 (fixed penalty notices in respect of offences relating to public spaces protection orders and expedited orders).
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¶
(7A) Subsection (7) is subject to section 104A(7) (requirement for recommendations to be confirmed by local policing body where LPB case review takes place).
104A Review by local policing body
(1) This section applies if a person has made a complaint about anti-social behaviour in a particular local government area and— (a) a person has made an application for an ASB case review of the response to that behaviour, but the relevant bodies in that area have decided that the threshold for a review is not met, or (b) the relevant bodies in that area have carried out an ASB case review of the response to that behaviour. (2) The local policing body for the relevant police area must carry out a review of the response to the anti-social behaviour (an “LPB case review”) if— (a) the applicant in relation to the ASB case review, or a person acting on behalf of the applicant with their consent, makes an application for an LPB case review, and (b) the body considers that the threshold for carrying out an ASB case review in relation to the anti-social behaviour was met. (3) If no application has been made for an LPB case review of the response to the anti-social behaviour, the local policing body for the relevant police area may carry out an LPB case review if the body considers that— (a) it is appropriate to carry out the LPB case review, and (b) the threshold for carrying out an ASB case review of the response to that behaviour was met. (4) Each local policing body must— (a) make arrangements about the carrying out of LPB case reviews by that body (“LPB review procedures”), and (b) ensure that the current LPB review procedures are published. (5) The LPB review procedures must include provision about the making of applications for LPB case reviews and, in particular, must specify the point of contact for making applications. (6) A local policing body which carries out an LPB case review may make recommendations to a person who exercises public functions in respect of any matters arising from the review; and the person must have regard to the recommendations in exercising public functions. (7) Where an LPB case review of the response to anti-social behaviour follows an ASB case review of the response to the same behaviour, a person is not required to have regard to the recommendations resulting from the ASB case review unless the recommendations are confirmed by the local policing body. (8) A local policing body who carries out an LPB case review must inform the relevant applicant of— (a) the outcome of the review, and (b) any recommendations made in accordance with subsection (6) or confirmed in accordance with subsection (7). (9) In subsection (8) “the relevant applicant” means— (a) where the local policing body carries out an LPB case review in response to an application, the person who made the application, or (b) in any other case, the person who applied for the ASB case review mentioned in subsection (1). (10) As soon as practicable after the end of a reporting period, each local policing body must publish information about the following matters which relates to that period— (a) the number of applications for LPB case reviews made to the body; (b) the number of times that the body decided that an LPB case review should not be carried out in response to an application; (c) the number of LPB case reviews the body has carried out in response to an application; (d) the number of LPB case reviews the body has carried out otherwise than in response to an application; (e) the number of LPB case reviews carried out by the body that have resulted in recommendations being made by the body; (f) the number of LPB case reviews carried out by the body— (i) which were reviews of the response to anti-social behaviour following an ASB case review of the response to the same behaviour, and (ii) as a result of which the body has confirmed any of the recommendations resulting from the ASB case review; (g) the number of LPB case reviews carried out by the body— (i) which were reviews of the response to anti-social behaviour following an ASB case review of the response to the same behaviour, and (ii) as a result of which the body has declined to confirm any of the recommendations resulting from the ASB case review. (11) Schedule 4A (LPB case reviews supplementary provision) has effect.
;LPB case review has the meaning given by section 104A(2);”; “relevant police area , in relation to a local government area, means the police area which consists of, or includes all or part of, the local government area;
reporting period— (a) in relation to the publication of information by the relevant bodies in a local government area, or the provision of information by such bodies to a local policing body, means a period, not exceeding 12 months, determined by those bodies for that purpose; (b) in relation to the publication of information by a local policing body, means a period, not exceeding 12 months, determined by that body for that purpose.
;(a) a decision not to carry out an ASB case review, (b) a decision not to make recommendations under section 104(7) in respect of a matter arising from an ASB case review, or (c) a recommendation made under section 104(7) in respect of such a matter.
Duty of local policing body to promote awareness of ASB case reviews
10 A local policing body must, in such manner as it thinks appropriate, promote awareness of— (a) opportunities in the body’s police area to make applications for ASB case reviews, and (b) the review procedures for such reviews. Guidance
11 The relevant bodies in a local government area must have regard to guidance issued by the Secretary of State in exercising functions under section 104 or this Schedule.
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—Information relating to anti-social behaviour
105A Provision of information to Secretary of State
(1) The Secretary of State may by regulations make provision requiring specified relevant authorities to provide to the Secretary of State specified information relating to anti-social behaviour. (2) The information that regulations may require a relevant authority to provide includes in particular information about— (a) reports of anti-social behaviour made to the authority, (b) responses of the authority to anti-social behaviour, and (c) ASB case reviews carried out by the relevant authority. (3) The regulations may require a relevant authority to— (a) collect or otherwise obtain information, (b) create information, (c) retain information, or (d) process information (including by collating or analysing it), for the purpose of providing information under the regulations.(4) The regulations may make provision— (a) requiring information to be provided at specified intervals or on specified occasions; (b) about the form and manner in which information must be provided. (5) The regulations may make different provision for different purposes. (6) The regulations may not require the disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account any duty imposed by the regulations). (7) Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate. (8) In this section— anti-social behaviour includes— (a) conduct that is anti-social behaviour for the purposes of any provision of this Act, (b) unreasonable conduct that has or is likely to have a detrimental effect, of a persistent or continuing nature, on the quality of life of those in a locality, and (c) the use of premises that has resulted or is likely to result in nuisance to members of the public, or that has been or is likely to be associated with disorder near the premises; ASB case review has the same meaning as in section 104; data protection legislation has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act); relevant authority means— (a) a person mentioned in section 5(1) (persons entitled to apply for injunctions under Part 1) other than the Secretary of State, (b) an integrated care board established under section 14Z25 of the National Health Service Act 2006 for an area in England, or (c) a Local Health Board for an area in Wales; specified means specified in the regulations.
8 Seizure of motor vehicles used in manner causing alarm, distress or annoyance¶
9 Guidance on fly-tipping enforcement in England¶
In the Environmental Protection Act 1990, after section 34C insert—Contraventions of sections 33 and 34: guidance on enforcement in England
34CZA Guidance on fly-tipping enforcement in England
(1) The Secretary of State may issue guidance to English waste collection authorities about the exercise of their functions, and those of their authorised officers, in connection with the enforcement of— (a) section 33(1)(a) (prohibition on unauthorised deposit of controlled waste); (b) section 34(2A) (duty to secure that household waste transferred only to authorised persons). (2) An English waste collection authority must have regard to any guidance issued under this section when exercising any functions to which the guidance relates. (3) The Secretary of State may revise any guidance issued under this section. (4) Before issuing or revising guidance under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate. (5) The Secretary of State must lay before Parliament and publish any guidance, and any revised guidance, issued under this section. (6) In this section, “authorised officer”, in relation to an English waste collection authority, means a person who is an authorised officer in relation to that authority for the purposes of— (a) section 33ZA (fixed penalty notices for contravention of section 33(1)(a)) (see subsection (12) of that section), (b) section 34ZA (fixed penalty notices relating to section 34(2A)) (see subsection (12) of that section), or (c) section 34B (power to search and seize vehicles etc) (see subsection (11) of that section).
Part 2 — Offensive weapons¶
10 Possession of weapon with intent to use unlawful violence etc¶
139AB Offence of possessing article with blade or point or offensive weapon with intent to use unlawful violence etc
(1) It is an offence for a person to have in their possession a relevant weapon with intent by means thereof— (a) to use unlawful violence against another person, (b) to cause another person to believe that unlawful violence will be used against them or anyone else, (c) to cause serious unlawful damage to property, or (d) to enable another person to do anything mentioned in a preceding paragraph. (2) In this section “relevant weapon” means— (a) an article to which section 139 applies, or (b) an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953. (3) A person who commits an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); (b) on conviction on indictment, to imprisonment for a term not exceeding 4 years or a fine (or both). (4) For provision about the sentence for an offence under this section, see section 315 of the Sentencing Code (minimum sentence for repeat offence involving weapon, bladed article or corrosive substance).
;(iiia) section 139AB of that Act (possessing article with blade or point or offensive weapon with intent to use unlawful violence etc),
11 Maximum penalty for offences relating to offensive weapons¶
;(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 6 months or a fine not exceeding level 5 on the standard scale (or both); (c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both); (d) on conviction on indictment in England and Wales, to imprisonment for a term not exceeding 2 years or a fine (or both); (e) on conviction on indictment in Northern Ireland, to imprisonment for a term not exceeding 4 years or a fine (or both).
;(ca) on conviction on indictment in England and Wales, to imprisonment for a term not exceeding 2 years or a fine (or both);
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).
;(1ZA) A person guilty of an offence under subsection (1) 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 6 months or a fine not exceeding level 4 on the standard scale (or both); (c) on conviction on indictment in England and Wales, to imprisonment for a term not exceeding 2 years or a fine (or both).
(c) on conviction on indictment in England and Wales, to imprisonment for a term not exceeding 2 years or a fine (or both).
12 Power to seize bladed articles etc¶
13 Power to seize bladed articles etc: armed forces¶
In the Armed Forces Act 2006, after section 93 insert—93ZA Power to seize bladed articles etc
(1) This section applies where— (a) a service policeman is lawfully on any premises which are searchable by virtue of this Part, or (b) a person subject to service law who is not a service policeman is lawfully on any premises in the exercise of a power of search conferred by virtue of this Part. (2) If the service policeman or person subject to service law— (a) finds, on the premises, an article which has a blade or is sharply pointed (a “relevant article”), and (b) 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), they may seize the relevant article.(3) The following provisions apply where a relevant article is seized under this section. (4) The service policeman or person subject to service law 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. (5) 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, rank or rate, and the unit, of the service policeman or person subject to service law who seized the relevant article. (6) Following seizure of the relevant article, the service policeman or person subject to service law may— (a) retain it, or (b) destroy it or otherwise dispose of it. This is subject to subsections (7) and (12).(7) A person (“P”) claiming to be the owner of the relevant article may apply to the commanding officer of the relevant person for a determination that the relevant article should be delivered to P. (8) The “relevant person” is the person by virtue of whose occupation of or other connection with the premises, the premises are within subsection (1). (9) The commanding officer may make a determination under subsection (7) if it appears to them that— (a) P is the owner of the relevant article, and (b) it would be just to make the determination. (10) If the commanding officer does not make a determination under subsection (7), P may appeal to a judge advocate. (11) The Secretary of State may by regulations make provision— (a) with respect to the practice and procedure which is to apply in connection with applications for a determination under subsection (7) and appeals under subsection (10); (b) conferring functions on judge advocates in relation to appeals under subsection (10). (12) 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 (7) is made in that period, until the application (including any appeal) has been finally determined or otherwise disposed of (and then, only if no determination is made that the relevant article should be delivered to P). (13) In this section “unlawful violence” includes— (a) unlawful damage to property, and (b) a threat of unlawful violence (including of unlawful damage to property).
Part 3 — Retail crime¶
14 Assault of retail worker¶
.(ad) an offence under section 14 of the Crime and Policing Act 2025 (assault of retail worker);
15 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—331A Duty to make order for offence of assaulting retail worker
(1) This section applies where— (a) a person is convicted of an offence under section 14 of the Crime and Policing Act 2025 (assault of retail worker), (b) the prosecution makes an application to the court for a criminal behaviour order to be made against the offender, (c) the offender is aged 18 or over at the time the prosecution makes the application, and (d) the court does not impose a custodial sentence or make a youth rehabilitation order, a community order, or a suspended sentence order in respect of— (i) the offence mentioned in paragraph (a), (ii) any other offence of which the offender is convicted by or before it, or (iii) any other offence for which it deals with the offender. (2) Section 331 applies as if for subsections (2) and (3) of that section there were substituted— (2) Subject to subsection (3), the court must, in addition to dealing with the offender for the offence, make a criminal behaviour order against the offender. (3) Subsection (2) does not apply if— (a) the court is of the opinion that there are exceptional circumstances which— (i) relate to the offence or the offender, and (ii) justify not making a criminal behaviour order, or (b) the court makes an order for absolute discharge under section 79 in respect of the offence. (3) Section 332 applies as if for subsection (1) of that section there were substituted— (1) For the purpose of forming an opinion as to whether there are exceptional circumstances as mentioned in subsection (3)(a) of section 331 (as modified by subsection (2) of section 331A), the court may consider evidence led by the prosecution and evidence led by the offender.
16 Theft from shop triable either way irrespective of value of goods¶
Part 4 — Criminal exploitation of children and others¶
Chapter 1 — Child criminal exploitation¶
Offence of child criminal exploitation¶
17 Child criminal exploitation¶
Child criminal exploitation prevention orders made otherwise than on conviction¶
18 Power to make CCE prevention order¶
19 CCE prevention orders¶
Procedure¶
20 Applications for CCE prevention orders¶
21 Applications without notice¶
22 Interim CCE prevention orders¶
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 19(5) does not apply in relation to an interim CCE prevention order.
23 Procedural powers where no application made¶
Notification requirements¶
24 Notification requirements¶
Variation, discharge and appeals¶
25 Variation and discharge of CCE prevention orders¶
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).
26 Appeals¶
Supplementary¶
27 Offence of breaching CCE prevention order¶
28 Offence of providing false information¶
29 Interpretation and supplementary provision¶
CCE prevention orders on conviction¶
30 Orders made on conviction¶
Schedule 4 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.Guidance¶
31 Guidance¶
Chapter 2 — Cuckooing¶
32 Controlling another’s home for criminal purposes¶
33 Section 32: interpretation¶
34 Power to amend definition of “relevant offence”¶
Chapter 3 — Consequential provision¶
35 Protections for witnesses, and lifestyle offences¶
;(ba) an offence under section 17 of the Crime and Policing Act 2025 (child criminal exploitation); (bb) an offence under section 32 of that Act (controlling another’s home for criminal purposes);
;(e) an offence under section 17 of the Crime and Policing Act 2025 (child criminal exploitation); (f) an offence under section 32 of that Act (controlling another’s home for criminal purposes).
.(aa) an offence under section 17 of the Crime and Policing Act 2025 (child criminal exploitation); (ab) an offence under section 32 of that Act (controlling another’s home for criminal purposes);
;(e) an offence under section 32 of Crime and Policing Act 2025 (controlling another’s home for criminal purposes).
.(a) a slavery or human trafficking offence, or (b) an offence under section 32 of Crime and Policing Act 2025 (controlling another’s home for criminal purposes),
;(cf) an offence under section 32 of Crime and Policing Act 2025 (controlling another’s home for criminal purposes);
;Exploitation of vulnerable persons
3B (1) An offence under section 17 of the Crime and Policing Act 2025 (child criminal exploitation). (2) An offence under section 32 of that Act (controlling another’s home for criminal purposes).
;Exploitation of vulnerable persons
4B An offence under section 32 of the Crime and Policing Act 2025 (controlling another’s home for criminal purposes).
Exploitation of vulnerable persons
3B An offence under section 32 of the Crime and Policing Act 2025 (controlling another’s home for criminal purposes).
Part 5 — Sexual offences and offenders¶
Chapter 1 — Child sexual abuse¶
36 Child sexual abuse image-generators¶
Creation of CSA material
46A Child sexual abuse image-generators
(1) It is an offence for a person to make, adapt, possess, supply or offer to supply a CSA image-generator. (2) It is a defence for a person charged with an offence under this section of possessing a CSA image-generator to prove that the person— (a) was sent the CSA image-generator without any request having been made for it (by or on behalf of the person), and (b) did not keep it for an unreasonable time. (3) It is a defence for a person charged with an offence under this section of possessing, supplying or offering to supply a CSA image-generator to prove that the person did not know, and did not have cause to suspect, that the thing possessed, supplied or offered to be supplied was a CSA image-generator. (4) For further defences, see section 46B. (5) A person who commits an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). (6) In this section— (a) “CSA image-generator” means anything (including any service, any program, and any information in electronic form) which is made or adapted for use for creating, or facilitating the creation of, CSA images; (b) “CSA image” means— (i) an indecent photograph or pseudo-photograph of a child, within the meaning of the Protection of Children Act 1978, or (ii) a prohibited image of a child, within the meaning of section 62 of the Coroners and Justice Act 2009, that is not an excluded image within the meaning of section 63 of that Act; (c) a reference to making a CSA image-generator includes adapting anything that is not a CSA image-generator in such a way that it becomes a CSA image-generator. (7) In relation to a CSA image-generator that is a service— (a) a reference to possessing the CSA image-generator includes possessing the ability to access the service; (b) a reference to supplying or offering to supply the CSA image-generator includes providing or offering to provide access to the service. 46B Section 46A: supplementary
(1) It is a defence for a person charged with an offence under section 46A— (a) to prove that the person made, adapted, possessed, supplied or offered to supply the CSA image-generator for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world, (b) to prove that the person was a member of the Security Service, the Secret Intelligence Service or GCHQ (a “security body”) and made, adapted, possessed, supplied or offered to supply the CSA image-generator for the purposes of the exercise of any function of the security body, or (c) to prove that the person— (i) was a member of OFCOM, was employed or engaged by OFCOM, or assisted OFCOM in the exercise of any of its online safety functions, and (ii) made, adapted, possessed, supplied or offered to supply the CSA image-generator for the purposes of OFCOM’s exercise of any of its online safety functions. (2) The provider of an internet service is not to be regarded as doing an act within section 46A(1) by reason only of providing the internet service by which a CSA image-generator is sent or transmitted. (3) Section 46A(6) and (7) apply for the purposes of this section. (4) In this section— (a) “GCHQ” has the meaning given by section 3 of the Intelligence Services Act 1994; (b) “OFCOM” means the Office of Communications; (c) a reference to OFCOM’s “online safety functions” has the meaning given by section 235 of the Online Safety Act 2023.
28A An offence under section 46A of this Act (child sexual abuse image-generators), if the offender is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
37 Possession of advice or guidance about creating etc CSA images¶
(2A) In this section “abusing children sexually or creating CSA images” means— (a) in England and Wales, doing anything that constitutes— (i) an offence under section 1 of the Protection of Children Act 1978, (ii) an offence under Part 1 of the Sexual Offences Act 2003 against a person under the age of 16, or (iii) an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) against a person under the age of 16 that is committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation), or doing anything outside England and Wales that would constitute such an offence if done in England and Wales;(b) in Northern Ireland, doing anything that constitutes— or creating (anywhere) a prohibited image of a child within the meaning of section 62 of the Coroners and Justice Act 2009.(i) an offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)), (ii) an offence under Part 2, 3 or 4 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) against a person under the age of 16, or (iii) an offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 against a person under the age of 16 that is committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation), or doing anything outside Northern Ireland that would constitute such an offence if done in Northern Ireland;
38 Online facilitation of child sexual exploitation and abuse¶
39 Offence under section 38 outside the United Kingdom¶
40 Liability for offence under section 38 committed by a body¶
41 Notification requirements for offence under section 38¶
35D An offence under section 38 of the Crime and Policing Act 2025 (online facilitation of child sexual exploitation and abuse), if the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
59ZM An offence under section 38 of the Crime and Policing Act 2025 (online facilitation of child sexual exploitation and abuse), if the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
92Z An offence under section 38 of the Crime and Policing Act 2025 (online facilitation of child sexual exploitation and abuse), if the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
42 Sexual activity in presence of child etc¶
43 Child sex offences: grooming aggravating factor¶
70A Sexual grooming of child
(1) This section applies where— (a) a court is considering the seriousness of a specified child sex offence, (b) the offence is aggravated by grooming, and (c) the offender was aged 18 or over when the offence was committed. (2) The court— (a) must treat the fact that the offence is aggravated by grooming as an aggravating factor, and (b) must state in open court that the offence is so aggravated. (3) An offence is “aggravated by grooming” if— (a) the offence was facilitated by, or involved, the offender grooming a person under the age of 18, or (b) the offence was facilitated by, or involved, a person other than the offender grooming a person under the age of 18 and the offender knew, or could reasonably be expected to have known, about the grooming when the offence was committed. The person groomed need not have been a victim of the offence.(4) In this section “specified child sex offence” means— (a) an offence within any of subsections (5) to (7), or (b) an inchoate offence in relation to any such offence. (5) An offence is within this subsection if it is— (a) an offence under section 1 of the Protection of Children Act 1978 (taking etc indecent photograph of child), (b) an offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child), (c) an offence under any of sections 5 to 8 of the Sexual Offences Act 2003 (rape and other offences against children under 13), (d) an offence under any sections 9 to 12 of that Act (other child sex offences), (e) an offence under section 14 of that Act (arranging or facilitating commission of child sex offence), (f) an offence under any of sections 16 to 19 of that Act (abuse of position of trust), (g) an offence under section 25 or 26 of that Act (familial child sex offences), or (h) an offence under any of sections 47 to 50 of that Act (sexual exploitation of children). (6) An offence is within this subsection if it is— (a) an offence under any of sections 1 to 4 of the Sexual Offences Act 2003 (rape, assault and causing sexual activity without consent), (b) an offence under any of sections 30 to 41 of that Act (sexual offences relating to persons with mental disorder), (c) an offence under any of sections 61 to 63 of that Act (preparatory offences), or (d) an offence under any of sections 66 to 67A of that Act (exposure and voyeurism), and the victim or intended victim was under the age of 18.(7) An offence is within this subsection if it is an offence under section 71 of the Sexual Offences Act 2003 (sexual activity in a public lavatory) and a person involved in the activity in question was under the age of 18. (8) Nothing in this section prevents a court from treating any other grooming of a person as an aggravating factor. (9) This section applies in relation to a person convicted of an offence on or after the day on which section 43 of the Crime and Policing Act 2025 comes into force.
(8) In section 70A of the Sentencing Code (sexual grooming of child as aggravating factor)— (a) the references in that section to a court are to be read as including a court dealing with an offender for a service offence, and (b) the reference in subsection (1) to a specified child sex offence is to be read as including a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is a specified child sex offence.
44 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—164B Power to scan for child sexual abuse images
(1) This section applies if there are reasonable grounds to suspect that a person to whom section 164 applies is carrying an electronic device storing child sexual abuse images. (2) If this section applies, an officer may— (a) scan the information stored on the device using technology approved by the Secretary of State for the purpose of ascertaining whether information stored on an electronic device includes child sexual abuse images, (b) require the person to permit the scan, and (c) require the person to take such steps as appear necessary to allow the scan to be performed. (3) In this section— child sexual abuse image means— (a) in relation to England and Wales and Northern Ireland, an indecent photograph or pseudo-photograph of a child or a prohibited image of a child; (b) in relation to Scotland, an indecent photograph or pseudo-photograph of a child; electronic device means any article on which information is capable of being stored in electronic form, and includes any component of such an article; indecent photograph or pseudo-photograph of a child has— (a) in relation to England and Wales, the same meaning as in the Protection of Children Act 1978; (b) in relation to Scotland, the same meaning as in section 52 of the Civic Government (Scotland) Act 1982; (c) in relation to Northern Ireland, the same meaning as in the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)); prohibited image of a child has the same meaning as in Chapter 2 of Part 2 of the Coroners and Justice Act 2009.
Chapter 2 — Duty to report child sexual abuse¶
45 Duty to report suspected child sex offences¶
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.
46 Section 45: meaning of “relevant local authority” and “relevant police force”¶
47 Section 45: reasons to suspect child sex offence may have been committed¶
48 Exception for certain consensual sexual activities between children¶
49 Exception relating to commission of offence under section 14 of the Sexual Offences Act 2003 by a child in certain circumstances¶
50 Exception in respect of certain disclosures by children¶
51 Exception for persons providing specified services¶
The Secretary of State may by regulations provide that the duty under section 45 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.
52 Preventing or deterring a person from complying with duty to report suspected child sex offence¶
53 Modification of Chapter for constables¶
54 Powers to amend this Chapter, and consequential amendment¶
(f) failing to comply with the duty under section 45 of the Crime and Policing Act 2025 (duty to report suspected child sex offence).
Chapter 3 — Other provision about sexual offences¶
55 Guidance about disclosure of information by police for purpose of preventing sex offending¶
56 Offences relating to intimate photographs or films and voyeurism¶
Schedule 8 makes provision in connection with offences relating to intimate photographs or films and voyeurism.57 Exposure¶
In the Sexual Offences Act 2003, in section 66 (exposure), for subsection (1) substitute—(1) A person (A) who intentionally exposes A’s genitals commits an offence if— (a) A intends that someone will see the genitals and be caused alarm, distress or humiliation, or (b) A exposes the genitals for the purpose of obtaining sexual gratification and does so— (i) with the intention that someone will see them, and (ii) being reckless as to whether someone who sees them will be caused alarm, distress or humiliation. (1A) But where A intends only that a particular person, or particular persons, will see A’s genitals, A does not commit an offence by virtue of paragraph (b) of subsection (1) unless A is reckless as to whether that person, or at least one of those persons, will be caused alarm, distress or humiliation.
58 Sexual activity with a corpse¶
70 Sexual activity with a corpse
(1) A person commits an offence if— (a) the person intentionally performs an act of touching (with a part of their body or anything else), (b) what is touched is a part of the body of a dead person, (c) the person knows that, or is reckless as to whether, that is what is touched, and (d) the touching is sexual. (2) 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— (i) if the touching involved penetration of a part of the body mentioned in subsection (1)(b), 7 years; (ii) otherwise, 5 years.
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;
paragraph 35 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.
Chapter 4 — Management of sex offenders¶
59 Notification of name change¶
After section 83 of the Sexual Offences Act 2003 insert—83A Notification requirements: name changes
(1) A relevant offender must notify a new name to the police— (a) no less than 7 days before using it, or (b) if that is not reasonably practicable, but it is reasonably practicable for the offender to notify the name to the police before using it, as far in advance of their using it as is reasonably practicable. (2) Where it is not reasonably practicable for the offender to notify a new name to the police before using it, the offender must notify the name to the police— (a) as soon as reasonably practicable after using the name, and (b) in any event within the period of 3 days beginning with their using it. (3) A notification under subsection (1) must specify the date on which the offender expects to use the name. (4) Subsection (5) applies where— (a) a notification is given under subsection (1), and (b) the name to which it relates is used more than 2 days before the date specified in the notification. (5) Where this subsection applies the relevant offender must notify the name to the police— (a) as soon as reasonably practicable after using the name, and (b) in any event within the period of 3 days beginning with their using it. (6) Subsection (7) applies where— (a) a notification is given under subsection (1), and (b) the name to which it relates has not been used by the end of the period of 3 days beginning with the date specified in the notification. (7) Where this subsection applies— (a) subsections (1) and (2) apply as if the notification had not been given, and (b) the relevant offender must, within the period of 6 days beginning with the date specified, notify to the police that the name was not used by the end of the period mentioned in subsection (6)(b). (8) Section 83(6) applies to the determination of the period of 3 days mentioned in subsections (2) and (5) and the period of 6 days mentioned in subsection (7), as it applies to the determination of the period in section 83(1). (9) A notification under subsection (1), (2) or (5) must include the information set out in section 83(5). (10) In this section, a name is “new” unless it has been notified to the police under section 83(1), this section, section 84, or section 2 of the Sex Offenders Act 1997.
60 Notification of absence from sole or main residence¶
85ZA Notification requirements: absence from notified residence (England, Wales and Scotland)
(1) This section applies to a relevant offender at any time if the last home address notified by the offender under section 83(1), 83A, 84(1) or 85(1) was an address in England, Wales or Scotland such as is mentioned in section 83(7)(a) (sole or main residence). (2) If the relevant offender intends to be absent from that home address for a period of more than 5 days (“the relevant period”), the relevant offender must, not less than 12 hours before leaving that home address, notify to the police the information set out in subsection (3). (3) The information is— (a) the date on which the relevant offender will leave that home address; (b) such details as the relevant offender holds about— (i) their travel arrangements during the relevant period; (ii) their accommodation arrangements during that period; (iii) their date of return to that home address. (4) In this section— accommodation arrangements include, in particular, the address of any accommodation at which the relevant offender will spend the night during the relevant period and the nature of that accommodation; travel arrangements include, in particular, details of the means of transport to be used and the dates of travel. (5) Where— (a) a relevant offender has given a notification under subsection (2), and (b) at any time not less than 12 hours before the offender leaves their home address, the information notified becomes inaccurate or incomplete, the relevant offender must give a further notification under subsection (2).(6) Where a relevant offender— (a) has notified a date of return to their home address, but (b) returns to their home address on a date other than that notified, the relevant offender must notify the date of their actual return to the police within 3 days of their actual return.(7) Nothing in this section requires an offender to notify any information which falls to be notified in accordance with a requirement imposed by regulations under section 86. (8) The appropriate authority may by regulations amend subsection (2) so as to change the duration of the relevant period, provided that the relevant period is at least 5 days. (9) In subsection (8) the “appropriate authority” means— (a) in relation to a relevant offender whose last home address notified under section 83(1), 83A, 84(1) or 85(1) was an address in England or Wales such as is mentioned in section 83(7)(a), the Secretary of State; (b) in relation to a relevant offender whose last home address notified under section 83(1), 83A, 84(1) or 85(1) was an address in Scotland such as is mentioned in section 83(7)(a), the Scottish Ministers.
(7A) The Department of Justice in Northern Ireland may by regulations amend subsection (2) so as to change the duration of the relevant period, provided that the relevant period is at least 3 days.
61 Child sex offenders: requirement to notify if entering premises where children present¶
After section 86 of the Sexual Offences Act 2003 insert—86A Notification requirements: persons required to notify if entering premises at which children present
(1) A relevant offender is subject to the requirements in section 86B if— (a) the offender is a child sex offender, or (b) a chief officer of police has given the offender a notice stating that the offender is subject to the requirements in section 86B, and the notice has not been cancelled. (2) A chief officer of police may give a relevant offender a notice under subsection (1)(b) if, when the notice is given, the chief officer— (a) is the chief officer of police for the offender’s relevant police area, and (b) is satisfied that it is necessary to give the notice for the purpose of protecting children generally, or particular children, from sexual harm from the offender. (3) A notice under subsection (1)(b) must indicate that an appeal may be made under section 86D against the decision to give the notice. (4) “Child sex offender” means a person who— (a) has been convicted of a child sex offence (see subsections (5) and (6)), (b) has been found not guilty of such an offence by reason of insanity, (c) has been found to be under a disability and to have done the act charged against the person in respect of such an offence, or (d) in England or Wales or Northern Ireland, has been cautioned in respect of such an offence. (5) An offence is a child sex offence if it is within any of the following paragraphs of Schedule 3— (a) paragraphs 2 to 6, 9 to 16, 19 (where the offence is under section 5 or 6 of this Act), 20 to 26, 28A to 29C, or 35B to 35E (England and Wales); (b) paragraphs 38B, 39B, 41A, 42, 44 (where it applies by virtue of paragraph 44(a)), 45, 46, 49 to 55, 57, 59A to 59C, 59O to 59ZK or 59ZM (Scotland); (c) paragraphs 64, 65, 69 to 72, 75 to 79, 82 to 85, 87 to 89C, 92D (where the offence is under Article 12 or 13 of the Sexual Offences (Northern Ireland) Order 2008), 92E to 92O, or 92X to 92Z (Northern Ireland); (d) paragraph 93 or 93A (service offences), where the corresponding offence is within paragraph (a). (6) An offence is a child sex offence if — (a) it is within paragraph 35A, 44A or 92A of Schedule 3 and the extreme pornographic image to which the offence related was an image of a person under 18, (b) it is within paragraph 93 or 93A of Schedule 3 (service offences) and the corresponding offence is within paragraph (a), or (c) it is within any paragraph of Schedule 3 not within subsection (5) or paragraph (a) or (b) of this subsection, and the victim or (as the case may be) other party was a person under 18. (7) References in this section to an offence being within a paragraph of Schedule 3 are to be read with paragraphs 94 to 98 of that Schedule. (8) For the purposes of sections 86B to 86D— section 86A notice means a notice given to a relevant offender under subsection (1)(b); section 86B relevant offender means a relevant offender who is subject to the requirements in that section. 86B Notification requirements: entering premises at which children are present
(1) A section 86B relevant offender must notify the required information to the police no less than 12 hours before entering qualifying premises at which children are present. (2) “The required information” means— (a) the address of the premises, (b) the date on which the offender is to enter the premises, and (c) such other information as the appropriate authority may specify in regulations. (3) “Qualifying premises” means premises of a kind specified in regulations made by the appropriate authority. (4) The appropriate authority may by regulations provide for circumstances in which an offender who has given a notification under subsection (1) is not required to give a further notification in relation to the same premises or children. (5) Subsection (6) applies where— (a) a notification is given under subsection (1), and (b) the offender has not entered the premises by the end of the date specified in the notification. (6) Where this subsection applies— (a) subsection (1) applies as if the notification had not been given, and (b) the relevant offender must, within the period of 6 days beginning with the date specified in the notification, notify to the police that the offender did not enter the premises on that date. (7) Section 83(6) applies to the period of 6 days mentioned in subsection (6)(b) as it applies to the determination of the period mentioned in section 83(1). (8) In this section the appropriate authority means— (a) in relation to an offender whose relevant police area is a police area in England and Wales, the Secretary of State; (b) in relation to an offender whose relevant police area is Scotland, the Scottish Ministers; (c) in relation to an offender whose relevant police area is Northern Ireland, the Department of Justice in Northern Ireland. 86C Periodic reviews of section 86A notices
(1) This section applies to a section 86B relevant offender who has been given a section 86A notice which has not been cancelled. (2) In this section the “review date” means— (a) the end of the period of 12 months beginning with the day on which the notice was given to the offender, and (b) the end of each successive period of 12 months. (3) The offender may, within the period of one month ending with each review date, make representations to the appropriate chief officer about the notice. (4) The appropriate chief officer must, before the start of the period mentioned in subsection (3), notify the offender of their right to make representations under that subsection. (5) As soon as reasonably practicable after each review date, the appropriate chief officer must— (a) consider any representations made under subsection (3) about the notice, (b) decide whether to cancel the notice, and (c) give notice of the decision (a “decision notice”) to the offender. (6) The appropriate chief officer may cancel the section 86A notice only if not satisfied as mentioned in section 86A(2)(b). (7) If the appropriate chief officer decides that the section 86A notice should not be cancelled, the decision notice must contain a statement of reasons for the decision and indicate that an appeal may be made against the decision under section 86D. (8) In this section the appropriate chief officer, in relation to an offender at any time, means the chief officer of police for the offender’s relevant police area at that time. 86D Appeals in relation to section 86A notices
(1) A section 86B relevant offender may appeal to the appropriate court against a decision— (a) to give the offender a section 86A notice; (b) not to cancel a section 86A notice which has been given to the offender (see section 86C). (2) An appeal under this section may be made by complaint (or, in Scotland, by application) to the appropriate court within the period of 21 days beginning with— (a) in the case of an appeal under subsection (1)(a), the day on which the section 86A notice is given to the offender; (b) in the case of an appeal under subsection (1)(b), the day on which notice of the decision is given to the offender. (3) On an appeal under subsection (1)(a) the appropriate court may confirm or cancel the notice which is subject of the appeal. (4) On an appeal under subsection (1)(b) the appropriate court may— (a) confirm the decision, or (b) remit the decision for reconsideration by the person who made it with such directions (if any) as the court considers appropriate. (5) In this section the “appropriate court” means— (a) in relation to an appeal against a decision of a chief officer of police for a police area in England or Wales, any magistrates’ court in a local justice area which includes any part of the officer’s police area; (b) in relation to an appeal against a decision of the chief constable of the Police Service of Scotland, a sheriff court; (c) in relation to an appeal against a decision of the Chief Constable of the Police Service of Northern Ireland, a court of summary jurisdiction.
62 Police stations at which notifications may be given (Scotland and Northern Ireland)¶
.(a) attending at the police station in the person’s relevant police area that is for the time being specified in a document published for that relevant police area under this section, or if there is more than one such police station, at any one of them, and
(2A) The chief officer of police for each police area must publish, in such manner as the chief officer thinks fit, a document containing the name and address of each police station in that area at which a person may give a notification of the kind mentioned in subsection (1). (2B) A chief officer of police must keep under review a document published by the chief officer under this section and may from time to time publish a revised version of the document in such manner as the chief officer thinks fit.
63 Alternative method of notification¶
After section 87 of the Sexual Offences Act 2003 insert—87A Alternative method of notification
(1) A person (“P”) may give a notification under section 83A, 84, 85(1), 85ZA, 85A(2) or (6) or 86B virtually if— (a) conditions 1 to 3 are met, and (b) any further conditions specified by the appropriate authority in regulations are met. (2) Condition 1 is that— (a) a senior police officer has given P a notice authorising P to give notifications of the kind mentioned in subsection (1) virtually, and (b) the notice has not been cancelled. (3) A senior police officer may give P a notice under subsection (2)(a) only if satisfied that it is not necessary, for the purpose of protecting the public or any particular members of the public from sexual harm, for P to give those notifications in accordance with section 87. (4) A senior police officer — (a) may, by giving P a further notice, cancel the notice under subsection (2)(a), and (b) must do so if not satisfied as mentioned in subsection (3). (5) “Senior police officer” means a constable of at least the rank of inspector who is authorised to give notices under this section by the chief officer of police for P’s relevant police area at the time the notice is given. (6) Condition 2 is that the notification does not relate to a matter specified by the appropriate authority in regulations. (7) Condition 3 is that the notification is given to a person who is authorised to receive virtual notifications by the chief officer of police for P’s relevant police area at the time the notification is given. (8) A notification is given virtually if it is given by a means which enables P and the person receiving the notification to see and hear each other without being together in the same place. (9) The conditions which may be specified in regulations under subsection (1)(b) include further conditions about the means of giving the notification. (10) A notification given in accordance with this section must be acknowledged in writing, in such form as the appropriate authority may direct. (11) Nothing in this section prevents P giving a notification in accordance with section 87(1). (12) In this section the “appropriate authority” means— (a) in relation to a person whose relevant police area is a police area in England or Wales, the Secretary of State; (b) in relation to a person whose relevant police area is Scotland, the Scottish Ministers; (c) in relation to a person whose relevant police area is Northern Ireland, the Department of Justice in Northern Ireland. 87B Alternative method of notification: further requirements
(1) Where a person (“P”) gives a notification in accordance with section 87A P must, if requested to do so by the person to whom it is given— (a) attend at a relevant police station, and (b) comply with the requirements in subsections (2) and (3). (2) Where the police station at which P attends is in England, Wales or Northern Ireland, the requirements are that P must allow a relevant person to— (a) take P’s fingerprints, (b) photograph any part of P, or (c) do both of those things. (3) Where the police station at which P attends is in Scotland, the requirements are that P must— (a) do one or more of the things mentioned in section 87(5A)(a) to (d), (b) give each passport P has to a relevant person for inspection by that person, or (c) do both of those things. (4) In this section— (a) “relevant police station” means a police station at which P may give a notification in accordance with section 87(1); (b) “relevant person” means a person at that police station to whom P may give such a notification.
64 Review of indefinite notification requirements (England and Wales)¶
(1A) The relevant chief officer of police may, without an application for review having been made, consider whether a qualifying relevant offender should remain subject to the indefinite notification requirements (referred to in sections 91A to 91F as an “own motion review”).
91EA Review of indefinite notification requirements: own motion review
(1) The relevant chief officer of police may begin an own motion review on, or at any time after, the qualifying date. (2) The “qualifying date” has the same meaning in this section as in section 91B. (3) The relevant chief officer of police begins an own motion review by notifying the qualifying relevant offender that the relevant chief officer of police is considering whether the qualifying relevant offender should remain subject to the indefinite notification requirements. (4) The notification must inform the qualifying relevant offender of their right to make representations under subsection (5). (5) The qualifying relevant offender may make representations to the relevant chief officer of police within 35 days of receipt of the notification. (6) The relevant chief officer of police may within 7 days of beginning an own motion review notify a responsible body that they are beginning an own motion review. (7) If the responsible body holds information which it considers to be relevant to the review, it must give the information to the relevant chief officer of police within 28 days of receipt of the notification. 91EB Review of indefinite notification requirements: determination of own motion review
(1) On an own motion review the relevant chief officer of police must, within 6 weeks of the date mentioned in subsection (2)— (a) determine whether the qualifying relevant offender should remain subject to the indefinite notification requirements, and (b) give notice of the determination to the qualifying relevant offender. (2) The date is the latest date on which the qualifying relevant offender may make representations under section 91EA(5). (3) The relevant chief officer of police may determine that the qualifying relevant offender should not remain subject to the indefinite notification requirements only if satisfied that it is not necessary, for the purpose of protecting the public or any particular members of the public from sexual harm, for the qualifying relevant offender to remain subject to the indefinite notification requirements. (4) If the relevant chief officer of police determines that the qualifying relevant offender should not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of receipt of the notice of determination. (5) If the relevant chief officer of police determines that the qualifying relevant offender should remain subject to the indefinite notification requirements, the notice of determination must— (a) contain a statement of reasons for the determination, and (b) inform the qualifying relevant offender that they may appeal the determination in accordance with section 91ED. (6) The Secretary of State may by regulations amend the period in subsection (1). 91EC Review of indefinite notification requirements: factors applying to determination under section 91EB
In determining an own motion review under section 91EB, the relevant chief officer of police must—(a) have regard to the representations (if any) made by the qualifying relevant offender, (b) have regard to the information (if any) received from a responsible body, (c) consider the risk of sexual harm posed by the qualifying relevant offender and the effect of a continuation of the indefinite notification requirements on the offender, and (d) take into account the matters listed in section 91D(2). 91ED Review of indefinite notification requirements: appeals against determinations under section 91EB
(1) A qualifying relevant offender may appeal against a determination of the relevant chief officer of police under section 91EB(5). (2) An appeal under this section may be made by complaint to a magistrates’ court within the period of 21 days beginning with the day of receipt of the notice of determination. (3) A qualifying relevant offender may appeal under this section to any magistrates’ court in a local justice area which includes any part of the police area for which the chief officer is the relevant chief officer of police. (4) If the court makes an order that a qualifying relevant offender should not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of the order.
91G Discharge from indefinite notification requirements in Scotland or Northern Ireland
A relevant offender who is discharged from the notification requirements of this Part under—(a) sections 88A to 88H (discharge from indefinite notification requirements in Scotland), or (b) Schedule 3A (discharge from indefinite notification requirements in Northern Ireland), is, by virtue of the discharge, also discharged from the notification requirements of this Part as they apply in England and Wales.
65 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—Own motion review: powers of Chief Constable
6A (1) The Chief Constable may, without an application having been made by the offender, consider whether to discharge the offender from the notification requirements (referred to in this Schedule as an “own motion review”). (2) The Chief Constable may begin an own motion review at any time after the end of the initial review period (within the meaning of paragraph 2). (3) Sub-paragraph (1) does not apply at any time when— (a) the offender is also subject to a sexual offences prevention order or an interim sexual offences prevention order; or (b) the offender is also subject to the notification requirements for a fixed period which has not expired. (4) The Chief Constable begins an own motion review by serving notice on the offender that the Chief Constable is considering whether to discharge the offender from the notification requirements. (5) The notice must inform the offender of their right to make representations under sub-paragraph (6). (6) The offender may make representations to the Chief Constable within 35 days of the date of service of the notice. (7) The Chief Constable may, before determining an own motion review, request information from any body or person which the Chief Constable considers appropriate. Own motion review: determination
6B (1) On an own motion review the Chief Constable must discharge the notification requirements unless the Chief Constable is satisfied— (a) that the offender poses a risk of sexual harm, and (b) that the risk is such as to justify the notification requirements continuing in the interests of the prevention or investigation of crime or the protection of the public. (2) In deciding whether that is the case, the Chief Constable must— (a) have regard to the representations (if any) made by the offender, (b) have regard to the information (if any) received under paragraph 6A(7), and (c) take into account the matters listed in paragraph 3(2). (3) The functions of the Chief Constable under this paragraph may not be delegated by the Chief Constable except to a police officer not below the rank of superintendent. Own motion review: notice of decision
6C (1) The Chief Constable must, within 12 weeks of the date mentioned in sub-paragraph (2), comply with this paragraph. (2) The date is the latest date on which the offender may make representations under paragraph 6A(6). (3) If the Chief Constable discharges the notification requirements— (a) the Chief Constable must serve notice of that fact on the offender, and (b) the offender ceases to be subject to the notification requirements on the date of service of the notice. (4) If the Chief Constable decides not to discharge the notification requirements— (a) the Chief Constable must serve notice of that decision on the offender; and (b) the notice must— (i) state the reasons for the decision; and (ii) state the effect of paragraphs 6D and 6. (5) The Department of Justice may by regulations amend the period in sub-paragraph (1). Own motion review: application to Crown Court
6D (1) Where— (a) the Chief Constable fails to comply with paragraph 6C within the period specified in paragraph 6C(1), or (b) the Chief Constable serves a notice under paragraph 6C(4), the offender may apply to the Crown Court for an order discharging the offender from the notification requirements.(2) An application under this paragraph must be made within the period of 21 days beginning— (a) in the case of an application under sub-paragraph (1)(a), on the expiry of the period specified in paragraph 6C(1); (b) in the case of an application under sub-paragraph (1)(b), with the date of service of the notice under paragraph 6C(4). (3) Paragraph 6B applies in relation to an application under this paragraph as it applies to an own motion review, but as if references to the Chief Constable were references to the Crown Court. (4) The Chief Constable and the offender may appear or be represented at any hearing in respect of an application under this paragraph. (5) If on an application under this paragraph the Crown Court makes an order discharging the offender from the notification requirements, the appropriate officer of the Crown Court must send a copy of the order to the offender and the Chief Constable. (6) If on an application under this paragraph the Crown Court refuses to make an order discharging the offender, the appropriate officer of the Crown Court must send notice of that refusal to the offender and the Chief Constable.
66 Restriction on applying for replacement identity documents in new name¶
Applications for replacement identity documents in new name
93A Offenders requiring authorisation before applying for certain identity documents in new name
(1) A relevant offender is subject to the restriction in section 93B(1) if a chief officer of police has given the offender a notice stating that the offender is subject to that restriction, and the notice has not been cancelled. (2) A chief officer of police may give an offender a notice under subsection (1) only if, when the notice is given, the chief officer— (a) is the chief officer of police for the offender’s relevant police area, and (b) is satisfied that it is necessary to give the notice for the purpose of— (i) protecting the public or any particular members of the public from sexual harm from the offender, or (ii) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom. (3) A notice under subsection (1) must indicate that an appeal may be made under section 93G against the decision to give the notice. (4) For the purposes of sections 93B to 93G— the appropriate authoritymeans— (a) in relation to an offender whose relevant police area is in England and Wales, the Secretary of State; (b) in relation to an offender whose relevant police area is Scotland, the Scottish Ministers; (c) in relation to an offender whose relevant police area is Northern Ireland, the Department of Justice in Northern Ireland; the appropriate chief officer, in relation to an offender at any time, means the chief officer of police for the offender’s relevant police area at that time; section 93A notice means a notice given to a relevant offender under subsection (1); section 93B relevant offender means a relevant offender who is subject to the restriction in section 93B(1). 93B Requirement for authorisation before applying for replacement identity documents in new name
(1) A section 93B relevant offender who holds, or has held, an identity document of a particular type must not apply for an identity document of that type to be issued to the offender in a new name unless authorised to do so under section 93C. (2) For the purposes of subsection (1) an offender’s name is “new”, in relation to an identity document of a particular type, if the identity document of that type most recently issued to the offender was not in that name. (3) A person who fails, without reasonable excuse, to comply with subsection (1) commits an offence. (4) A person who commits an offence under subsection (3) 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 5 years or a fine (or both). (5) For the purposes of this section and section 93C— (a) “identity document” means a document falling within subsection (6); (b) an identity document is of the same type as another identity document if both documents fall within the same paragraph of subsection (6) (or, in the case of an identity document within subsection (6)(d), if the document is a document of the same kind as a kind of document specified in regulations). (6) A document falls within this subsection if it is— (a) an immigration document (within the meaning given by section 7(2) of the Identity Documents Act 2010); (b) a United Kingdom passport (within the meaning of the Immigration Act 1971); (c) a licence to drive a motor vehicle granted under Part 3 of the Road Traffic 1988 or under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)); (d) a document of a kind specified in regulations made by the appropriate authority for the purposes of this section. (7) Before making regulations under subsection (6)(d), an appropriate authority must consult each other appropriate authority. 93C Authorisation to apply for replacement identity documents in new name
(1) A section 93B relevant offender who holds, or has held, an identity document of a particular type may apply to the appropriate chief officer for authorisation to apply for an identity document of that type to be issued to the offender in a new name. (2) The application must— (a) be in writing, (b) specify the type of identity document that is being applied for and the name in which it is to be issued, and (c) include such other information, or be accompanied by such documents, as the appropriate authority may specify in regulations. (3) The appropriate chief officer must, within four weeks of receiving the application— (a) decide whether to grant or refuse authorisation, and (b) give notice of the decision (a “decision notice”) to the applicant. (4) In deciding whether to grant or refuse authorisation, the officer must have regard to any guidance issued under section 93H. (5) The officer may grant authorisation only if conditions 1 and 2 are met. (6) Condition 1 is that the officer is satisfied that— (a) the offender is using the new name for reasons connected with— (i) the offender’s marriage to, or civil partnership with, another person, or (ii) the offender’s religion or belief, (b) any conditions specified in regulations made by the appropriate authority for the purposes of this section are met, or (c) there are exceptional circumstances that justify granting authorisation. (7) Condition 2 is that the officer does not consider it necessary to refuse authorisation for the purpose of— (a) protecting the public or any particular members of the public from sexual harm from the offender, or (b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom. (8) If the officer refuses authorisation— (a) the decision notice must contain a statement of reasons for the decision and indicate that an appeal may be made under section 93G against the decision, and (b) a further application under subsection (1) may not be made in relation to an identity document of the same type before the end of the period of one year beginning with the date on which the decision notice is given. (9) Before making regulations under this section, an appropriate authority must consult each other appropriate authority. (10) In subsection (6)— (a) “religion” means any religion; (b) a reference to religion includes a reference to a lack of religion; (c) “belief” means any religious or philosophical belief; (d) a reference to belief includes a reference to a lack of belief. 93D Authorisations granted under section 93C
(1) Where a section 93B relevant offender is granted authorisation under section 93C, the authorisation has effect for the period of one year beginning with the day on which notice of the decision to grant the authorisation is given to the offender. (2) But the appropriate chief officer may cancel the authorisation before the end of that period by giving notice to the offender. (3) The officer may cancel the authorisation only if the officer considers that either or both of the conditions mentioned in section 93C(5) are not met. (4) A notice under subsection (2) must indicate that an appeal may be made under section 93G against the decision to cancel the authorisation. 93E Young offenders: parental notices
(1) Where a section 93B relevant offender is under 18, the appropriate chief officer may give written notice (a “parental notice”) to a person with parental responsibility for (or, in Scotland, parental responsibilities in relation to) the offender. (2) If a parental notice has been given to a person by a chief officer of police and it has not expired, sections 93B(1) and 93C(1) have effect as if after “particular type” (in both places) there were inserted “, or a person with parental responsibility for (or, in Scotland, parental responsibilities in relation to) such an offender who has been given a notice under section 93E,”. (3) A parental notice expires when the offender reaches the age of 18. (4) Where a parental notice is given by the chief constable of the Police Service of Scotland, the references in subsections (1) and (3) to 18 are to be read as references to 16. 93F Periodic reviews of section 93A notices
(1) As soon as reasonably practicable after each review date, the appropriate chief officer must review a section 93A notice with a view to determining whether it should be cancelled. (2) The “review date”, in relation to a section 93A notice, is— (a) the end of the period of 12 months beginning with the date on which the notice is given, and (b) the end of each successive period of 12 months. (3) In carrying out their review, the appropriate chief officer must consider any representations made during the consultation period by the offender to whom the notice was given. (4) Before the start of the consultation period, the appropriate chief officer must notify the offender of their right to make representations during that period. (5) In subsections (3) and (4) the “consultation period” means the period of one month ending with the review date. (6) After completing their review, the appropriate chief officer must— (a) decide whether to cancel the section 93A notice, and (b) give notice of the decision (a “decision notice”) to the offender. (7) The appropriate chief officer may cancel the section 93A notice only if not satisfied as mentioned in section 93A(2)(b). (8) If the appropriate chief officer decides that the section 93A notice should not be cancelled, the decision notice must contain a statement of reasons for the decision and indicate that an appeal may be made under section 93G against the decision. 93G Appeals
(1) A person (“P”) may appeal to the appropriate court against a decision— (a) to give P a section 93A notice; (b) to refuse P authorisation under section 93C; (c) to cancel an authorisation granted to P under section 93C (see section 93D); (d) to give P a notice under section 93E; (e) not to cancel a section 93A notice which has been given to P (see section 93F). (2) An appeal under this section may be made by complaint (or, in Scotland, by application) to the appropriate court within the period of 21 days beginning with— (a) in the case of an appeal under subsection (1)(a) or (d), the day on which the notice is given to P; (b) in the case of an appeal under subsection (1)(b), (c) or (e), the day on which notice of the decision is given to P. (3) On an appeal under subsection (1)(a) or (d), the court may confirm or cancel the notice which is the subject of the appeal. (4) On an appeal under subsection (1)(b), (c) or (e), the court may— (a) confirm the decision, or (b) remit the decision for reconsideration by the person who made it with such directions (if any) as the court considers appropriate. (5) In this section the “appropriate court” means— (a) in relation to an appeal against a decision of a chief officer of police for a police area in England or Wales, any magistrates’ court in a local justice area which includes any part of the officer’s police area; (b) in relation to an appeal against a decision of the chief constable of the Police Service of Scotland, a sheriff court; (c) in relation to an appeal against a decision of the Chief Constable of the Police Service of Northern Ireland, a court of summary jurisdiction. 93H Guidance
(1) The Secretary of State must issue guidance to chief officers of police for police areas in England and Wales in relation to the determination by them of applications under section 93C. (2) The Department of Justice in Northern Ireland must issue guidance to the Chief Constable of the Police Service of Northern Ireland in relation to the Chief Constable’s determination of applications under section 93C. (3) Before issuing guidance under this section— (a) the Secretary of State must consult the Department of Justice in Northern Ireland; (b) the Department of Justice in Northern Ireland must consult the Secretary of State. (4) The Secretary of State and the Department of Justice may, from time to time, revise any guidance issued by them under this section. (5) The Secretary of State and the Department of Justice must arrange for any guidance issued or revised by them under this section to be published.
93I Restriction on granting replacement driving licences in new name (England, Wales and Scotland)
(1) The Secretary of State may by regulations make provision to prevent a person from being granted a driving licence (a “replacement licence”) if— (a) the person holds, or has held, a driving licence, (b) the name to be specified in the replacement licence (“the new name”) is different from the name specified in the driving licence most recently granted to the person, and (c) it appears to the Secretary of State, on the basis of information provided by a chief officer of police, that the person is a section 93B relevant offender who was not authorised to apply for a driving licence in the new name. (2) The regulations may, in particular, include provision for authorising or requiring— (a) a chief officer of police to disclose specified information to the Secretary of State, and (b) the Secretary of State to disclose specified information to a chief officer of police, where the disclosure falls within subsection (3).(3) A disclosure falls within this subsection if it is made— (a) for the purposes of enabling the Secretary of State or a chief officer of police to carry out their functions under or by virtue of the regulations, or (b) in connection with the detection or investigation of an offence under section 93B(3). (4) The regulations may, in particular, make provision about how a chief officer of police or the Secretary of State may or must use information disclosed to them by virtue of subsection (2). (5) The regulations may not authorise or require the disclosure or other processing of information if the disclosure or other processing would contravene the data protection legislation (but in determining whether the disclosure or other processing would do so, take into account any duty imposed or power conferred by the regulations). (6) The regulations may include provision amending Part 3 of the Road Traffic Act 1988. (7) In this section— the data protection legislation and “processing” have the same meanings as in the Data Protection Act 2018 (see section 3 of that Act); driving licence means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic 1988; specified means specified in regulations under this section.
67 Power of entry and search¶
;appropriate police officer, in relation to an application for a warrant under subsection (1), means a constable of the Police Service of Scotland authorised to make the application by a constable of the Police Service of Scotland who is of the rank of inspector or above;
;appropriate police officer, in relation to an application for a warrant under subsection (1), means a constable authorised to make the application by a constable of the rank of inspector or above;
68 Minor and consequential amendments¶
Schedule 9 contains minor and consequential amendments relating to this Chapter.Part 6 — Stalking¶
69 Stalking protection orders on acquittal etc¶
A1 Meaning of “stalking protection order”
(1) In this Act “stalking protection order” means an order under this Act which, for the purpose of preventing a person from carrying out acts associated with stalking— (a) prohibits the person from doing anything described in the order; (b) requires the person to do anything described in the order. (2) See section 2A of the Protection from Harassment Act 1997 for examples of acts associated with stalking. (3) This Act provides for the making of a stalking protection order— (a) on an application under section 1(1) (see section 2), or (b) where a person is acquitted of an offence, successfully appeals against a conviction for an offence or is dealt with in respect of certain findings (see section 2A). (4) See also Chapter 3A of Part 11 of the Sentencing Code (stalking protection orders on conviction).
2A Power to make orders on acquittal etc
(1) This section applies where— (a) a defendant is acquitted of any offence by or before a court, (b) a court allows a defendant’s appeal against a conviction for any offence, or (c) a court deals with a defendant in respect of a finding that— (i) the defendant is not guilty of any offence by reason of insanity, or (ii) the defendant is under a disability and has done the act charged against the defendant in respect of any offence. (2) The court may make a stalking protection order under this section in respect of the defendant if satisfied of the matters mentioned in paragraphs (a) to (c) of section 2(1). (3) Section 1(4) applies for the purposes of this section. (4) Section 2(2) to (7) apply for the purposes of this section (references to a magistrates’ court being read as references to the court).
;(i) where the application was made by a chief officer of police, that chief officer; (ii) where the application was made by the defendant and relates to a stalking protection order made under section 2, the chief officer of police who applied for the order and (if different) the chief officer of police for the area in which the defendant resides, if that area is in England or Wales; (iii) where the application was made by the defendant and relates to a stalking protection order made under section 2A, the chief officer of police for the area in which the defendant resides, if that area is in England or Wales.
(5) In subsection (1) “appropriate court” means— (a) where the stalking protection order was made by a court other than a youth court— (i) the court that made the order, or (ii) if the order was made by a magistrates' court, any other magistrates' court acting in the local justice area in which that court acts; (b) where the stalking protection order was made by a youth court— (a) if the defendant is under the age of 18 at the time the application is made, the youth court that made the order, or any other youth court acting in the local justice area in which that court acts; (b) if the defendant is aged 18 or over at the time the application is made, any magistrates' court acting in the local justice area in which the youth court that made the order acts. (6) For the purposes of this section, a stalking protection order made in the circumstances mentioned in section 2A(1)(b) is to be treated as an order made by the court by or before which the defendant was convicted.
;(3A) An appeal under subsection (1), (2) or (3) is to be made— (a) where the appeal is against a decision of the Crown Court, to the Court of Appeal; (b) in any other case, to the Crown Court.
(5) For the purposes of section 4 (variations, renewals and discharges)— (a) a stalking protection order that has been confirmed, varied or renewed on an appeal remains an order of the court that first made it; (b) a stalking protection order made by a court on an appeal is to be treated as an order made by the court whose decision was appealed against.
(3) An application to the Crown Court under any provision of this Act is to be made in accordance with rules of court.
;defendant— (a) in relation to a stalking protection order under section 2, has the meaning given by section 1(1); (b) in relation to a stalking protection order under section 2A, has the same meaning as in that section;
70 Stalking protection orders on conviction¶
Chapter 3A — Stalking protection orders
364A Stalking protection order
(1) In this Chapter “stalking protection order” means an order under section 364B which, for the purpose of preventing the person from carrying out acts associated with stalking— (a) prohibits the person from doing anything described in the order; (b) requires the person to do anything described in the order. (2) See section 2A of the Protection from Harassment Act 1997 for examples of acts associated with stalking. (3) A stalking protection order has effect— (a) for a fixed period specified in the order, or (b) until further order. (4) Where a fixed period is specified it must be a period of at least two years beginning with the day on which the order is made. (5) A stalking protection order may specify periods for which particular prohibitions or requirements have effect. (6) In this Chapter, “acts” includes omissions. 364B Power to make stalking protection order
(1) This section applies where a court is dealing with an offender for an offence. (2) The court may make a stalking protection order in respect of the offender if satisfied that— (a) the offender has carried out acts associated with stalking, (b) the offender poses a risk associated with stalking to any person (whether or not that person was the victim of the acts mentioned in paragraph (a)), and (c) the proposed order is necessary to protect that person from such a risk. (3) A court may include a prohibition or requirement in a stalking protection order only if satisfied that the prohibition or requirement is necessary to protect a person mentioned in subsection (2)(b) from a risk associated with stalking. (4) It does not matter— (a) whether the acts mentioned in subsection (2)(a) were carried out in the United Kingdom or elsewhere, or (b) whether they were carried out before or after the commencement of this section. (5) A risk associated with stalking— (a) may be in respect of physical or psychological harm to the person concerned; (b) may arise from acts which the offender knows or ought to know are unwelcome to the person concerned even if, in other circumstances, the acts would appear harmless in themselves. 364C Prohibitions and requirements included in orders
(1) Prohibitions or requirements included in a stalking protection order must, so far as practicable, be such as to avoid— (a) any conflict with any religious beliefs of the offender, and (b) any interference with any times at which the offender normally works or attends an educational establishment. (2) A prohibition or requirement applies in all parts of the United Kingdom unless expressly limited to a particular locality. (3) Subsection (4) applies where a court makes a stalking protection order in relation to an offender who is already subject to such an order (whether made by that court or another). (4) The court may not include any prohibition or requirement in the new stalking protection order which is incompatible with a prohibition or requirement in the earlier stalking protection order. 364D Variations, renewal or discharges of stalking protection order
(1) The offender or a relevant chief officer of police may apply to an appropriate court for an order varying, renewing or discharging a stalking protection order. (2) Before making a decision on an application under subsection (1), the court must hear— (a) the offender, and (b) any relevant chief officer of police who wants to be heard. (3) On an application under subsection (1) the court may make any order varying, renewing or discharging the stalking protection order that the court considers appropriate. (4) But the court may not— (a) in renewing or varying an order, impose an additional prohibition or requirement unless satisfied that it is necessary to do so in order to protect a person from a risk associated with stalking; (b) discharge an order before the end of two years beginning with the day on which the order was made without the consent of the offender and— (i) where the application was made by a chief officer of police, that chief officer; (ii) in any other case, the chief officer of police for the area in which the offender resides, if that area is in England or Wales. (5) In this section— appropriate court, in relation to an application to vary, renew or discharge a stalking protection order, means— (a) where the order was made by a court other than a youth court— (i) the court that made the order, or (ii) if the order was made by a magistrates' court, any other magistrates' court acting in the local justice area in which that court acts; (b) where the order was made by a youth court— (a) if the defendant is under the age of 18 at the time the application is made, the youth court that made the order, or any other youth court acting in the local justice area in which that court acts; (b) if the defendant is aged 18 or over at the time the application is made, any magistrates' court acting in the local justice area in which the youth court that made the order acts; “relevant chief officer of police” means— (a) the chief officer of police for the area in which the offender resides, or (b) any chief officer of police who believes that the offender is in, or is intending to come to, that chief officer's police area; risk associated with stalking is to be read in accordance with section 364B(5). 364E Content of orders
A stalking protection order must specify—(a) the date on which the order is made; (b) whether it has effect for a fixed period and, if it does, the length of that period; (c) each prohibition or requirement that applies to the offender; (d) whether any prohibition or requirement is expressly limited to a particular locality and, if it is, what the locality is; (e) whether any prohibition or requirement is subject to a fixed period which differs from the period for which the order has effect and, if it is, what that period is. 364F Appeals
(1) An appeal against the making of a stalking protection order may be brought by the offender as if the order were a sentence passed on the offender for an offence. (2) Where an application is made under section 364D for an order varying, renewing or discharging a stalking protection order— (a) the person who made the application may appeal against a refusal to make an order under that section; (b) the offender may appeal against the making of an order under section 364D on an application by a chief officer of police; (c) a relevant chief officer of police may appeal against the making of an order under section 364D on an application by the offender. (3) An appeal under subsection (2) is to be made— (a) to the Court of Appeal if the application under section 364D was made to the Crown Court; (b) to the Crown Court in any other case. (4) 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 or consequential orders as appear to it to be appropriate. (5) A stalking protection order that has been confirmed, varied or renewed on an appeal remains an order of the court that first made it. (6) In this section, “relevant chief officer of police” has the same meaning as in section 364D. 364G Offence of breaching stalking protection order
(1) A person who, without reasonable excuse, breaches a stalking protection order commits an offence. (2) 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, or (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years, or a fine, or both. (3) If 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 an order under section 80 (conditional discharge). (4) In proceedings for an offence under this section, a copy of the original stalking protection order, certified by the designated officer for the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings. 364H Notification requirements
For provision imposing notification requirements on a person subject to a stalking protection order, see the following provisions of the Stalking Protection Act 2019—(a) section 9 (notification requirements); (b) section 10 (method of notification and related matters); (c) section 11 (offences relating to notification).
;(ca) section 8(4) of the Stalking Protection Act 2019 (breach of stalking protection order);
.(ea) section 364G(3) (breach of stalking protection order);
;(8) In this section, references to a stalking protection order include an order under section 364B of the Sentencing Code (power to make stalking protection orders on conviction).
(3A) In subsection (2), the reference to a stalking protection order includes an order under section 364B of the Sentencing Code (power to make stalking protection orders on conviction).
71 Guidance about stalking¶
In the Protection from Harassment Act 1997, after section 7 insert—7A Guidance about stalking
(1) The Secretary of State may issue guidance to such public authorities in England and Wales as the Secretary of State considers appropriate about— (a) the effect of any of sections 2A, 2B, 4A, 4B and 7, (b) the effect of any provision of the Stalking Protection Act 2019, (c) the effect of any provision of Chapter 3A of Part 11 of the Sentencing Act 2022 (stalking protection orders), or (d) other matters relating to stalking. (2) The Secretary of State may revise any guidance issued under this section. (3) Before issuing any guidance or revisions under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate.
This does not apply to revisions the Secretary of State considers are not substantial.
(4) The Secretary of State must publish any guidance or revisions issued under this section. (5) A public authority to whom guidance is given under this section must have regard to it in the exercise of the authority’s public functions. (6) In this section, “public authority” means any person exercising public functions, other than a court or tribunal.
72 Guidance about the disclosure of information by police forces¶
In the Stalking Protection Act 2019—12A Guidance about the disclosure of information by police forces
(1) The Secretary of State may— (a) issue guidance to chief officers of police about the disclosure of police information for the purpose of protecting persons from risks associated with stalking; (b) revise any guidance issued under this section. (2) A chief officer of police must have regard to any guidance issued under this section. (3) Before issuing any guidance or revisions 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. This does not apply to revisions the Secretary of State considers are not substantial.(4) The Secretary of State must publish any guidance or revisions issued under this section. (5) “Police information” means any information held by a police force.
Part 7 — Other provision for the protection of persons¶
73 Administering etc harmful substances (including by spiking)¶
In the Offences Against the Person Act 1861—;24 Administering etc harmful substances (including by spiking)
(1) A person commits an offence if— (a) unlawfully, the person administers a harmful substance to, or causes a harmful substance to be administered to or taken by, another person, and (b) the person does so with intent to injure, aggrieve or annoy the other person. (2) In this section “harmful substance” means any poison or other destructive or noxious thing. (3) 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 10 years or a fine (or both).
74 Encouraging or assisting serious self-harm¶
75 Encouraging or assisting serious self-harm: supplementary¶
76 Child abduction¶
;(1A) Subject to subsections (5) and (8), a person connected with a child under the age of sixteen commits an offence if— (a) the child is taken or sent out of the United Kingdom with the appropriate consent, and (b) at any time after the child is taken or sent, the person detains the child outside the United Kingdom without the appropriate consent.
77 Safeguarding vulnerable groups: regulated activity¶
Part 8 — Prevention of theft and fraud¶
Electronic devices for use in vehicle offences¶
78 Electronic devices for use in vehicle offences¶
79 Section 78: evidential burdens and lifestyle offences¶
;(2) An offence under section 78 of the Crime and Policing Act 2025 (electronic devices for use in vehicle offences).
;(2) An offence under section 78 of the Crime and Policing Act 2025 (electronic devices for use in vehicle offences).
(2) An offence under section 78 of the Crime and Policing Act 2025 (electronic devices for use in vehicle offences).
SIM farms¶
80 Possession of a SIM farm¶
A person who possesses a SIM farm commits an offence.
For the meaning of “SIM farm”, see section 82.
81 Supply of a SIM farm¶
82 Sections 80 and 81: meaning of “SIM farm” etc¶
Other devices or software¶
83 Possession of specified article¶
A person who possesses a specified article commits an offence.
“Specified article” means an article specified in regulations under section 85.
84 Supply of specified article¶
A person who supplies a specified article to another person commits an offence.
“Specified article” means an article specified in regulations under section 85.
85 Sections 83 and 84: specified articles and supplementary provision¶
Part 9 — Public Order¶
86 Offence of concealing identity at protests¶
87 Concealing identity at protests: designating localities and giving notice¶
88 Concealing identity at protests: procedure for designations etc¶
89 Possession of pyrotechnic articles at protests¶
90 War memorials¶
91 Interpretation of Part¶
In this Part—Part 10 — Powers of police etc¶
Power to suspend IP addresses etc¶
92 Suspension of internet protocol addresses and internet domain names¶
Schedule 12 makes provision about IP address suspension orders and domain name suspension orders.Powers in respect of stolen goods¶
93 Electronically tracked stolen goods: search without warrant¶
26A Electronically tracked stolen goods: search without warrant
(1) A constable whose rank is at least that of inspector (a “senior officer”) may authorise a constable to— (a) enter specified premises, and (b) search the specified premises for specified items. (2) A senior officer may give an authorisation under subsection (1) only if satisfied that— (a) there are reasonable grounds to believe that— (i) the specified items are stolen goods, (ii) the specified items are on the specified premises, and (iii) it is not reasonably practicable to obtain a warrant for the entry and search (under section 26 or another enactment) without frustrating or seriously prejudicing its purpose, and (b) there is electronic tracking data indicating that the specified items (or any of them) are, or have at some time since they are believed to have been stolen been, on the specified premises. (3) An authorisation may be given orally or in writing. (4) As soon as reasonably practicable after giving the authorisation, the senior officer must record in writing— (a) if the authorisation was given orally, the authorisation, and (b) in any case, the officer’s reasons for being satisfied as mentioned in subsection (2). (5) The powers conferred by an authorisation under subsection (1) may be exercised only— (a) by a constable in uniform, (b) before the end of the 24 hour period beginning with the time the authorisation is given, and (c) at a reasonable hour (unless it appears to the constable that exercising them at a reasonable hour may frustrate or seriously prejudice the purpose of exercising them). (6) The power of search conferred by an authorisation under subsection (1) is exercisable only to the extent that is reasonably required for the purpose of searching the specified premises for the specified items. (7) Where the occupier of the specified premises is present at the time the constable seeks to enter and search them, the constable must— (a) identify themselves to the occupier, and (b) state the purpose for which they are entering and searching the premises. (8) In this section “electronic tracking data” means information as to the location, determined by electronic means, of an item. 26B Seizure on search under section 26A
(1) Where a constable is lawfully on premises in exercise of the powers conferred by an authorisation under section 26A(1), this section applies instead of section 19 of the Police and Criminal Evidence Act 1984 (general power of seizure). (2) The constable may seize anything which is on the specified premises (whether or not it is a specified item) if the constable has reasonable grounds to believe— (a) that it is stolen goods, and (b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed. (3) The constable may seize anything which is on the specified premises (whether or not it is a specified item) if the constable has reasonable grounds to believe— (a) that it is evidence in relation to an offence of theft which the constable is investigating or any other offence of theft, and (b) that it is necessary to seize it in order to prevent the evidence being concealed, lost, damaged, altered or destroyed. (4) As soon as reasonably practicable after exercising a power of seizure conferred by this section, the constable must record in writing— (a) the grounds on which the power was exercised, and (b) the items seized. 26C Sections 26A and 26B: supplementary
(1) The powers conferred by virtue of sections 26A and 26B do not include powers to search for or seize— (a) items subject to legal privilege, (b) excluded material, or (c) special procedure material. (2) A constable may use reasonable force, if necessary, in the exercise of a power conferred by virtue of section 26A or 26B. (3) In sections 26A and 26B “specified” means specified in an authorisation under section 26A(1). (4) Sections 26A and 26B are to be construed in accordance with section 24. (5) In sections 26A to 26C the following expressions have the same meaning as in the Police and Criminal Evidence Act 1984— excluded material (see section 11 of that Act); items subject to legal privilege (see section 10 of that Act); premises (see section 23 of that Act); special procedure material (see section 14 of that Act).
94 Electronically tracked stolen goods: search without warrant (armed forces)¶
In the Armed Forces Act 2006, after section 93 insert—93ZA Electronically tracked stolen goods: search without warrant
(1) A service policeman of at least the rank of naval lieutenant, military or marine captain or flight lieutenant may authorise a service policeman to— (a) enter specified premises which are relevant residential premises, and (b) search the specified premises for specified items. (2) An officer may give an authorisation under subsection (1) only if satisfied that— (a) there are reasonable grounds to believe that— (i) the specified items are stolen goods, (ii) the specified items are on the specified premises, and (iii) it is likely that the purpose of the search would be frustrated or seriously prejudiced if no search could be carried out before the time mentioned in subsection (3), and (b) there is electronic tracking data indicating that the specified items (or any of them) are, or have at some time since they are believed to have been stolen been, on the specified premises. (3) The time referred to in subsection (2)(a)(iii) is the earliest time by which it would be practicable— (a) for a service policeman to obtain and execute a warrant under section 83 authorising the entry and search of the premises, or (b) in a case where a member of a UK police force could obtain a warrant under section 8 of PACE or any other enactment authorising the entry and search of the premises, for a member of such a force to obtain and execute such a warrant. (4) An officer may give an authorisation under subsection (1) orally or in writing. (5) As soon as reasonably practicable after giving the authorisation the officer must record in writing— (a) if the authorisation is given orally, the authorisation, and (b) in any case, the officer’s reasons for being satisfied as mentioned in subsection (2). (6) The powers conferred by an authorisation under subsection (1) may be exercised only— (a) by a service policeman in uniform, (b) before the end of the 24 hour period beginning with the time the authorisation is given, and (c) at a reasonable hour (unless it appears to the service policeman that exercising them at a reasonable hour may frustrate or seriously prejudice the purpose of exercising them). (7) The power of search conferred by an authorisation under subsection (1) is exercisable only to the extent that is reasonably required for the purpose of searching the specified premises for the specified items. (8) Where the occupier of the specified premises is present at the time the service policeman seeks to enter and search them, the service policeman must— (a) identify themselves to the occupier, and (b) state the purpose for which they are entering and searching the premises. (9) In this section “electronic tracking data” means information as to the location, determined by electronic means, of an item. 93ZB Seizure on search under section 93ZA
(1) This section applies where a service policeman is lawfully on relevant residential premises in exercise of the powers conferred by an authorisation under section 93ZA(1). (2) The service policeman may seize anything which is on the specified premises (whether or not it is a specified item) if the service policeman has reasonable grounds to believe— (a) that it is stolen goods, and (b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed. (3) The service policeman may seize anything which is on the specified premises (whether or not it is a specified item) if the service policeman has reasonable grounds to believe— (a) that it is evidence in relation to— (i) an offence under section 42 which the service policeman is investigating, or (ii) any other offence under section 42, as respects which the corresponding offence under the law of England and Wales is theft, and(b) that it is necessary to seize it in order to prevent the evidence being concealed, lost, damaged, altered or destroyed. (4) The powers of seizure in subsections (2) and (3) include power to require information which is stored in an electronic form and is accessible from the premises to be produced in a form— (a) in which it can be taken away and which it is visible and legible, or (b) from which it can readily be produced in a visible and legible form. (5) As soon as reasonably practicable after exercising a power of seizure conferred by this section, the service policeman must record in writing— (a) the grounds on which the power was exercised, and (b) the items seized. 93ZC Sections 93ZA and 93ZB: supplementary
(1) The powers conferred by sections 93ZA and 93ZB do not include powers to search for or seize— (a) items subject to legal privilege, (b) excluded material, or (c) special procedure material. (2) In sections 93ZA and 93ZB “specified” means specified in an authorisation under section 93ZA(1). (3) Sections 93ZA and 93ZB are to be construed in accordance with section 24 of the Theft Act 1968, reading references in that section to blackmail and fraud as including an offence under section 42 as respects which the corresponding offence under the law of England and Wales is blackmail or fraud. (4) In sections 93ZA and 93ZB the following expressions have the meanings given by section 84— excluded material items subject to legal privilege relevant residential premises special procedure material.
Access to driver licensing information¶
95 Access to driver licensing information¶
In the Criminal Justice and Court Services Act 2000, for section 71 substitute—71 Access to driver licensing information
(1) The Secretary of State may in accordance with this section make driver licensing information available for use by authorised persons for purposes relating to policing or law enforcement. (2) The Secretary of State must in regulations made for the purposes of this section (“driver information regulations”) make provision about the making available of driver licensing information under this section. (3) Driver information regulations must specify the circumstances in which information may be made available under this section. (4) Driver information regulations may in particular make provision— (a) specifying conditions that must be met for a person to be (or remain) authorised to receive information under this section; (b) specifying conditions that must be met before information may be made available under this section; (c) imposing requirements relating to the receipt and use of information made available under this section; (d) restricting the kind of information that may be made available to, or the purposes for which information may be used by, specified descriptions of authorised persons; (e) about the purposes for which, and the circumstances in which, information made available under this section may be further disclosed (including provision about the persons to whom it may be disclosed). (5) Before making driver information regulations, the Secretary of State must consult— (a) the Scottish Ministers, (b) the Department of Justice in Northern Ireland, (c) the National Police Chiefs' Council, (d) such persons as appear to the Secretary of State to represent the views of police and crime commissioners, and (e) such other persons as the Secretary of State considers appropriate. (6) This section does not (and driver information regulations may not) authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the power conferred by or under this section). (7) In this section— authorised person has the meaning given in section 71A; data protection legislation has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act); driver licensing information means any information held, in any form, by the Secretary of State for the purposes of Part 3 of the Road Traffic Act 1988. 71A Section 71: meaning of “authorised person”
(1) In section 71 “authorised person” means a person specified in the first column of the following table who is authorised by the person specified in the corresponding entry in the second column of the table to receive information under that section.
Person
Authorising officer
a constable
the person whose direction and control the constable is under
a member of civilian police staff
the person whose direction and control the member of civilian police staff is under
a police volunteer designated under section 38 of the Police Reform Act 2002
the chief officer of police whose direction and control the police volunteer is under
a National Crime Agency officer
the Director General of the National Crime Agency
a member, or a member of the staff, of the Independent Office of Police Conduct
the Director General of the Independent Office of Police Conduct
a member of the staff of the Police Investigations and Review Commissioner
the Police Investigations and Review Commissioner
an officer of the Police Ombudsman for Northern Ireland
the Police Ombudsman for Northern Ireland
a member of a service police force, or any other person who is under the direction and control of a Provost Marshal
the relevant Provost Marshal
a person appointed as an investigating officer by, or a member of the staff of, the Service Police Complaints Commissioner
the Service Police Complaints Commissioner
Isle of Mana member of the Isle of Man Constabulary, or an employee of the Isle of Man Public Services Commission
the Chief Constable of the Isle of Man Constabulary
an officer of customs and excise, or an immigration officer, of the Isle of Man
the Treasury Minister of the Isle of Man
a member of staff of the Financial Intelligence Unit of the Isle of Man
the Director of the Financial Intelligence Unit of the Isle of Man
Jerseya member of the States of Jersey Police Force
the Chief Officer of the States of Jersey Police Force
a deputy Agent of the Impôts, or an officer of the Impôts, of the Bailiwick of Jersey
the Agent of the Impôts of the Bailiwick of Jersey
a member or employee of the Jersey Financial Intelligence Unit
the Director of the Jersey Financial Intelligence Unit
Guernseya member of the salaried police force of the Island of Guernsey, or an employee of the States of Guernsey
the Chief Officer of the salaried police force of the Island of Guernsey
an officer of customs and excise, or an immigration officer, of the Bailiwick of Guernseythe Chief Officer of Customs and Excise of the Bailiwick of Guernsey
a person authorised to exercise a function of the Director of the Economic and Financial Crime Bureau of the Bailiwick of Guernseythe Director of the Economic and Financial Crime Bureau of the Bailiwick of Guernsey
a member of staff of the Financial Intelligence Unit of the Bailiwick of Guernsey
the Head of the Financial Intelligence Unit of the Bailiwick of Guernsey
Gibraltara member of the Royal Gibraltar Police
the Commissioner of the Royal Gibraltar Police
a member of the Gibraltar Defence Police
the Chief Officer of the Gibraltar Defence Police
a member of civilian staff in the Gibraltar Defence Police
the person whose direction and control the member of civilian staff is under
(2) In the table— member of civilian police staff means a person who is not a constable but who— (a) is— (i) employed, or engaged to provide services, for the purposes of a body of constables and, (ii) under the direction and control of a person who has the direction and control of a body of constables, or (b) is under the direction and control of the chief constable of the Ministry of Defence Police; officer, in relation to the Police Ombudsman for Northern Ireland, means an officer of the Ombudsman within the meaning of Part 7 of the Police (Northern Ireland) Act 1998 (see section 50 of that Act); relevant Provost Marshal means— (a) in relation to a member of a service police force— (i) the Provost Marshal of that service police force, or (ii) in the case of a member of the tri-service serious crime unit described in section 375(1A) of the Armed Forces Act 2006, the Provost Marshal for serious crime; (b) in relation to any other person who is under the direction and control of a Provost Marshal, that Provost Marshall; service police force has the same meaning as in the Armed Forces Act 2006 (see section 375(1) of that Act). 71B Code of practice about access to driver licensing information
(1) The Secretary of State may issue a code of practice about the receipt and use of information made available under section 71. (2) The code may make different provision for different purposes or different areas. (3) In preparing a code of practice, the Secretary of State must consult— (a) the Scottish Ministers, (b) the Department of Justice in Northern Ireland, and (c) such other persons as the Secretary of State considers appropriate. (4) The Secretary of State may revise a code of practice issued under this section; and subsection (3) applies in relation to revising a code as it applies in relation to preparing a code. (5) The Secretary of State must lay before Parliament and publish any code of practice issued or revised under this section. (6) Any person to whom information is made available under section 71 must have regard to any code of practice issued under this section. 71C Driver licensing information: annual report
(1) The Secretary of State must in relation to each calendar year prepare a report about the use of information made available under section 71.
This is subject to subsection (3) (period to which first report relates).
(2) The Secretary of State must publish each report before 1 July in the year following the year to which the report relates. (3) The first report is to relate to the period beginning with the commencement day and ending at the end of the year in which that day falls. (4) In subsection (3), “the commencement day” means the day on which section 95 of the Crime and Policing Act 2025 comes into force.
Drug testing in police detention¶
96 Testing of persons in police detention for presence of controlled drugs¶
(6) In section 63B— (a) “misuse” has the same meaning as in the Misuse of Drugs Act 1971; (b) “specified controlled drug” means a controlled drug (within the meaning of the Misuse of Drugs Act 1971) specified in regulations made by the Secretary of State by statutory instrument; (c) “trigger offence” means an offence specified in Schedule 2B. (7) In Schedule 2B, “specified controlled drug” has the same meaning as in section 63B. (8) The Secretary of State may by regulations made by statutory instrument amend Schedule 2B. (9) Regulations under this section— (a) may make different provision for different purposes or different areas, and (b) may make transitional, transitory or saving provision. (10) A statutory instrument containing regulations under subsection (8) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (11) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
97 Assessment of misuse of controlled drugs¶
;(1) Subsection (1A) applies if a requirement is imposed on a person by virtue of section 9(2) or 10(2) and at any time before the person has fully complied with the requirement— (a) the person is charged with the related offence, and (b) a court imposes on the person a condition of bail under section 3(6D) of the Bail Act 1976 (duty to impose condition to undergo relevant Class A drug assessment etc). (1A) For the purposes of the requirement— (a) section 9(3)(a) or 10(4) applies as if for “specified controlled drug” there were substituted “specified controlled drug that is not a Class A drug”, and (b) accordingly, the required initial or follow-up assessment (and any care plan within the meaning of section 10(4)) is in respect of the person’s dependency upon or propensity to misuse any specified controlled drug that is not a Class A drug only.
(3) “Specified controlled drug” means a controlled drug specified in regulations under section 63C(6)(b) of PACE.
98 Power to take additional sample¶
(d) either a sample has not been taken from the person under this section during the period of the person’s detention or the additional sample condition is met.
(4C) The additional sample condition is that one sample (only) has been taken from the person under this section during the period of the person’s detention but— (a) it was not suitable for the same means of analysis, or (b) it proved insufficient.
99 Removal of power to continue detention¶
100 Removal of notification conditions¶
Conditional cautions¶
101 Cautions given to persons having limited leave to enter or remain in UK¶
.(za) an offender who has limited leave to enter or remain in the United Kingdom (within the meaning of the Immigration Act 1971),
.(za) an offender who has limited leave to enter or remain in the United Kingdom (within the meaning of the Immigration Act 1971),
Part 11 — Proceeds of crime and other property connected with criminal behaviour¶
102 Confiscation¶
103 Proceedings for civil recovery: costs and expenses¶
Proceedings for civil recovery: costs and expenses
288A Costs orders and expenses orders
(1) The court may not make an order that any costs or, in Scotland, expenses of proceedings under this Chapter are payable by the enforcement authority, unless— (a) the authority acted unreasonably in taking the proceedings, making or opposing the application to which the proceedings relate, or supporting or opposing the making of the order to which the proceedings relate, (b) the authority acted dishonestly or improperly in the course of the proceedings, or (c) it would be just and reasonable to make such an order, and for this purpose it is not to be assumed that it is generally just and reasonable for the unsuccessful party to pay. (2) A reference in subsection (1) to proceedings under this Chapter includes any appeal arising out of proceedings under this Chapter.
Part 12 — Management of offenders¶
104 Extension of polygraph condition to certain offenders¶
(2A) This section also applies to a person serving a relevant custodial sentence in respect of an offence of murder who— (a) the Secretary of State considers poses a risk of committing a relevant sexual offence on release, (b) is released on licence by the Secretary of State under any enactment, and (c) is aged 18 or over on the day the person is released. (2B) This section also applies to a person serving a relevant custodial sentence in respect of an offence who— (a) at any earlier time during that sentence was concurrently serving a relevant custodial sentence in respect of a relevant sexual offence, (b) is released on licence by the Secretary of State under any enactment, and (c) is aged 18 or over on the day the person is released.
(d) an offence within any of subsections (4BA) to (4BC) which the Secretary of State is satisfied— (i) was, or took place in the course of, an act of terrorism, or (ii) was committed for the purposes of terrorism.
(c) in paragraph (d) “terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act).
(4BA) An offence is within this subsection if— (a) it was committed before 18 June 2009, (b) it was punishable with imprisonment for more than 2 years, and (c) it is not specified in Schedule A1 to the Sentencing Code (and, in the case of a service offence, the corresponding offence is not so specified). (4BB) An offence is within this subsection if— (a) it was committed on or after 18 June 2009 but before 29 June 2021, (b) it was punishable with imprisonment for more than 2 years, (c) it is not specified in Schedule A1 to the Sentencing Code, (d) it was not an offence in relation to which section 30 or 31 of the Counter-Terrorism Act 2008 or section 69 of the Sentencing Code applied (and was not an offence in relation to which section 31 of the Counter-Terrorism Act 2008 would have applied if paragraph (b) of subsection (1) of that section were omitted), and (e) it is not a service offence. (4BC) An offence is within this subsection if— (a) it is a service offence, (b) it was committed on or after 18 June 2009 but before any day specified for the coming into force of section 1 of the Counter-Terrorism and Sentencing Act 2021 for the purposes of section 69 of the Sentencing Code as applied by section 238 of the Armed Forces Act 2006, (c) it was punishable with imprisonment for more than 2 years, (d) it was not an offence in relation to which section 32 of the Counter-Terrorism Act 2008 or section 69 of the Sentencing Code applied, and (e) the corresponding offence is not specified in Schedule A1 to the Sentencing Code.
105 Duty of offender to notify details¶
97A Duty of offender to notify details to panel
(1) This section applies where— (a) a referral order has been made in relation to an offender and has not been revoked or discharged, and (b) a youth offender contract has taken effect between the offender and a youth offender panel. (2) The offender must notify the relevant member of the panel of— (a) each name which the offender uses but which was not mentioned in the referral order, and (b) each of the offender’s telephone numbers and email addresses (if any). (3) The offender must comply with subsection (2) in relation to a name, telephone number or email address as soon as reasonably practicable after the contract takes effect or the person first uses that name or obtains that telephone number or email address. (4) An obligation under subsection (2) takes effect as if it were a term of the youth offender contract. (5) The “relevant member” of the panel is the member of the panel who, in accordance with arrangements made by the panel, is for the time being responsible for receiving notifications under this section. (6) The relevant member of the panel must be someone who is also a member of the specified youth offending team. (7) The panel must give the offender written notification of the name and contact details of the relevant member of the panel. (8) This section applies in relation to referral orders made before (as well as those made after) this section comes into force.
;(b) must notify the responsible officer of— (i) any name which the offender uses but which is not mentioned in the youth rehabilitation order, (ii) each of the offender’s telephone numbers and email addresses (if any), and (iii) any change of address.
;(2A) The offender must comply with subsection (2)(b)(i) and (ii) in relation to a name, telephone number or email address as soon as reasonably practicable after the order is made or the person first uses that name or obtains that telephone number or email address.
(4) This section applies in relation to youth rehabilitation orders made before (as well as those made after) section 105 of the Crime and Policing Act 2025 comes into force.
;(2) In the case of any community order (whenever the offender was convicted), the offender— (a) must keep in touch with the responsible officer in accordance with any instructions the responsible officer may give the offender from time to time, and (b) must notify the responsible officer of— (i) any name which the offender uses but which is not mentioned in the community order, and (ii) each of the offender’s telephone numbers and email addresses (if any). (2ZA) The offender must comply with subsection (2)(b) in relation to a name, telephone number or email address as soon as reasonably practicable after the order is made or the person first uses that name or obtains that telephone number or email address.
(4) The obligations under subsection (2) apply in relation to community orders made before (as well as those made after) section 105 of the Crime and Policing Act 2025 comes into force.
;(2) In the case of any suspended sentence order (whenever the offender was convicted) the offender— (a) must keep in touch with the responsible officer in accordance with such instructions as the responsible officer may give the offender from time to time, and (b) must notify the responsible officer of— (i) any name which the offender uses but which is not mentioned in the suspended sentence order, (ii) each of the offender’s telephone numbers and email addresses (if any). (2ZA) The offender must comply with subsection (2)(b) in relation to a name, telephone number or email address as soon as reasonably practicable after the order is made or the person first uses that name or obtains that telephone number or email address.
(4) The obligations under subsection (2) apply in relation to suspended sentence orders made before (as well as those made after) section 105 of the Crime and Policing Act 2025 comes into force.
Part 13 — The police¶
106 Accelerated investigation procedure in respect of criminal conduct¶
.(za) a determination under paragraph 20ZA has been made in respect of the investigation,
Accelerated procedure in special cases: criminal conduct
20ZA (1) At any time before the completion of an investigation of a complaint or recordable conduct matter by the appropriate authority on its own behalf, the appropriate authority may make a determination that the conditions set out in sub-paragraphs (3) and (4) are satisfied in respect of the investigation. (2) At any time before the completion of an investigation of a complaint or recordable conduct matter by— (a) the appropriate authority under the direction of the Director General, or (b) the Director General, the Director General may make a determination that the conditions set out in sub-paragraphs (3) and (4) are satisfied in respect of the investigation.(3) The first condition is that the investigation indicates that there is sufficient evidence to provide a realistic prospect of conviction for a criminal offence against a person (if any) to whose conduct the investigation relates. (4) The second condition is that— (a) the circumstances are such that, in the opinion of the appropriate authority (if sub-paragraph (1) applies) or the Director General (if sub-paragraph (2) applies), it is appropriate for the matters which are the subject of the investigation to be considered by the Director of Public Prosecutions, or (b) any matters dealt with by the investigation fall within a prescribed category of matters. (5) For the purposes of sub-paragraph (4)(a), the circumstances where the appropriate authority or the Director General may form the opinion that it is not appropriate for the matters which are the subject of the investigation to be considered by the Director of Public Prosecutions include circumstances where, in the opinion of the appropriate authority or (as the case may be) Director General, it is not in the public interest for the matters which are the subject of the investigation to be considered by the Director of Public Prosecutions. (6) In determining whether the conditions in sub-paragraphs (3) and (4) are satisfied in respect of an investigation, the appropriate authority or the Director General must have regard to the Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (insofar as the appropriate authority or, as the case may be, Director General considers it relevant). (7) If the appropriate authority or the Director General makes a determination under sub-paragraph (1) or (2) that the conditions in sub-paragraphs (3) and (4) are satisfied in respect of an investigation, they must give notice of their determination to— (a) the person to whose conduct the investigation relates, (b) where the investigation is of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21, (c) where the investigation is of a recordable conduct matter, every person entitled to be kept properly informed in relation that matter under section 21, and (d) where the determination is made by the Director General, the appropriate authority.
Accelerated procedure in special cases: gross misconduct
107 Conditions for notification of Director of Public Prosecutions of investigation report¶
;(2A) The first condition is that the report indicates that there is sufficient evidence to provide a realistic prospect of conviction for a criminal offence against a person (if any) to whose conduct the investigation related.
(2C) For the purpose of sub-paragraph (2B)(a), the circumstances where the Director General may form the opinion that it is not appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions include circumstances where, in the opinion of the Director General, it is not in the public interest for the matters dealt with in the report to be considered by the Director of Public Prosecutions. (2D) In determining whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report, the Director General must have regard to the Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (insofar as the Director General considers it to be relevant).
(2A) The first condition is that the report indicates that there is sufficient evidence to provide a realistic prospect of conviction for a criminal offence against a person (if any) to whose conduct the investigation related.
(2C) For the purpose of sub-paragraph (2B)(a), the circumstances where the appropriate authority may form the opinion that it is not appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions include circumstances where, in the opinion of the appropriate authority, it is not in the public interest for the matters dealt with in the report to be considered by the Director of Public Prosecutions. (2D) In determining whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report, the appropriate authority must have regard to the Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (insofar as the appropriate authority considers it to be relevant).
(4FA) For the purposes of sub-paragraph (4F)(a), the circumstances where the relevant review body may form the opinion that it is not appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions include circumstances where, in the opinion of the relevant review body, it is not in the public interest for the matters dealt with in the report to be considered by the Director of Public Prosecutions. (4FB) In making a determination under sub-paragraph (4F), the relevant review body must have regard to the Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (insofar as the relevant review body considers it to be relevant).
108 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—23A (1) This paragraph applies where— (a) the Director General proposes to make a determination under paragraph 23(2)(b) that one or both of the conditions set out in paragraph 23(2A) and (2B) are not satisfied in respect of a report, and (b) during the course of the investigation to which the report relates, a person (if any) to whose conduct the report relates was informed that the investigation was being treated as concerning conduct in respect of which the person may be prosecuted for a criminal offence. (2) The Director General must— (a) take such steps as the Director General considers reasonable to give to every relevant victim (or a person acting on such a victim’s behalf) the opportunity to request, within the relevant period, that the Director General reviews their proposed determination, and (b) if such a request is made within the relevant period, so review their proposed determination before making a determination under paragraph 23(2)(b). (3) In this paragraph— the relevant period means the period that the Director General considers to give a relevant victim a reasonable opportunity to request that the Director General reviews their proposed determination; relevant victim means a person— (a) whom the Director General treats as a victim in relation to an alleged criminal offence constituted by conduct— (i) of the person mentioned in sub-paragraph (1)(b), and (ii) to which the report relates, and (b) to whom the Director General considers it appropriate to give the opportunity mentioned in sub-paragraph (2)(a).
109 Appeals to police appeals tribunals¶
;(1A) The Secretary of State may by rules make provision enabling a chief officer of police for a police area to appeal to a police appeals tribunal against a decision made in proceedings relating to— (a) a member or former member of the police force maintained for that area, or (b) a special constable or former special constable appointed for that area. (1B) The Secretary of State may by rules make provision enabling a local policing body to appeal to a police appeals tribunal against a decision made in proceedings relating to— (a) the chief officer of police of the police force for which the body is responsible, or (b) any former chief officer of police of that police force. (1C) The Secretary of State may by rules make provision enabling the Director General of the Independent Office for Police Conduct to appeal to a police appeals tribunal against a decision made in proceedings at which the Director General presented the case.
But this is subject to sub-paragraph (4).;
(4) In a case where— (a) on the determination of an appeal the tribunal makes an order the effect of which is to dismiss the person to whom the appeal relates, and (b) the decision that is the subject of the appeal had not been a decision to dismiss the person, the order takes effect on the date on which it is made.
Parties’ costs: appeals by officer concerned
9 (1) This paragraph applies in the case of an appeal by and relating to— (a) a member or former member of a police force, or (b) a special constable or former special constable. (2) The appellant’s costs are to be paid by the appellant unless the police appeals tribunal directs that the whole or any part of those costs are to be paid by the respondent. (3) The respondent’s costs are to be paid by the respondent. Parties’ costs: appeals by chief officer of police or local policing body
9A (1) This paragraph applies in the case of an appeal by— (a) a chief officer of police (except where the chief officer of police is the person to whom the appeal relates), or (b) a local policing body. (2) The appellant’s costs are to be paid by the appellant. (3) The respondent’s costs are to be paid by the respondent unless the police appeals tribunal directs that the whole or any part of those costs are to be paid by the appellant. Parties’ costs: appeals by IOPC
9B (1) This paragraph applies in the case of an appeal by the Director General of the Independent Office for Police Conduct (“the Director General”). (2) The Director General’s costs are to be paid by the Director General unless— (a) the police appeals tribunal directs that the whole or any part of those costs are to be paid by the appropriate authority, or (b) sub-paragraph (3) applies. (3) The Director General’s costs are to be paid by the appropriate authority where the decision appealed against was made in proceedings— (a) which the Director General directed the appropriate authority to bring, and (b) at which the appropriate authority and the Director General agreed that the Director General should present the case. (4) The respondent’s costs are to be paid by the respondent unless the police appeals tribunal directs that the whole or any part of those costs are to be paid by the Director General. (5) In this paragraph “appropriate authority” means— (a) where the person to whom the appeal relates is or was a chief officer of police, the local policing body which brought the proceedings in which the decision appealed against was made; (b) in any other case, the chief officer of police who brought the proceedings in which the decision appealed against was made. Other costs of appeals
9C (1) The costs and expenses of an appeal under or by virtue of section 85, other than the appellant’s costs or the respondent’s costs, are to be met out of the police fund of the relevant local policing body. (2) In sub-paragraph (1), the reference to the costs and expenses of an appeal includes any remuneration or expenses paid by virtue of paragraph 8.
;(aa) make provision enabling the chief constable of the Ministry of Defence Police to appeal to a police appeals tribunal against a decision relating to— (i) a member of the Ministry of Defence Police other than a senior officer, or (ii) a former member of the Ministry of Defence Police who immediately before ceasing to be such a member was not a senior officer; (ab) make provision enabling the Secretary of State to appeal to a police appeals tribunal against a decision relating to— (i) a senior officer of the Ministry of Defence Police, or (ii) a former member of the Ministry of Defence Police who immediately before ceasing to be such a member was a senior officer; (ac) make provision enabling the Director General of the Independent Office for Police Conduct to appeal to a police appeals tribunal against a decision made in proceedings at which the Director General presented the case; (ad) make provision enabling the Police Ombudsman for Northern Ireland to appeal to a police appeals tribunal against a decision made in proceedings at which the Ombudsman presented the case;
(4A) Regulations under this section may provide for decisions relating to appeals which would otherwise fall to be taken by the Secretary of State or the chief constable of the Ministry of Defence Police to be taken instead by— (a) a person appointed in accordance with the regulations; or (b) the Ministry of Defence Police Committee.
senior officer has the same meaning as in section 4.
Part 14 — Terrorism and national security¶
Chapter 1 — Youth diversion orders¶
Power to make orders¶
110 Power to make youth diversion orders¶
111 Meaning of “serious harm”¶
Content of orders¶
112 Content of youth diversion orders¶
Procedure¶
113 Duty to consult¶
114 Applications without notice¶
115 Interim youth diversion orders¶
The court may, if it considers it necessary to do so, make a youth diversion order lasting (subject to section 116) until the determination of the application (an “interim youth diversion order”).
Section 112(6) does not apply in relation to an interim youth diversion order.
Variation, discharge and appeals¶
116 Variation and discharge of youth diversion orders¶
117 Appeal against youth diversion order etc¶
Supplementary¶
118 Offence of breaching youth diversion order¶
119 Guidance¶
120 Rules of court about anonymity for respondents¶
121 Applications¶
An application under this Chapter is to be made—Chapter 2 — Other provisions about terrorism and national security¶
122 Prevention of terrorism and state threats: weapons etc¶
;(za) a prohibition on possessing things of a specified description; (zb) a prohibition on possessing things of a specified description without the permission of the Secretary of State;
;(1A) The descriptions of things which may be specified under sub-paragraph (1)(za) or (zb) are— (a) any description of corrosive substances (as defined by section 6 of the Offensive Weapons Act 2019); (b) any description of motor vehicles; (c) any description of things made or adapted for use for causing injury to the person; (d) any other description of things which the Secretary of State reasonably considers could be used for causing injury to the person.
;(za) a prohibition on possessing things of a specified description; (zb) a prohibition on possessing things of a specified description without the permission of the Secretary of State;
;(1A) The descriptions of things which may be specified under sub-paragraph (1)(za) or (zb) are— (a) any description of corrosive substances (as defined by section 6 of the Offensive Weapons Act 2019); (b) any description of motor vehicles; (c) any description of things made or adapted for use for causing injury to the person; (d) any other description of things which the Secretary of State reasonably considers could be used for causing injury to the person.
123 Offence of wearing or displaying articles in support of proscribed organisation¶
(1ZA) A person commits an offence if, on relevant premises, the person— (a) wears an item of clothing, or (b) wears, carries or displays an article, in such a way or in such circumstances as to arouse reasonable suspicion that the person is a member or supporter of a proscribed organisation.
(ii) the item or article continuing to be displayed.
(7) An item of clothing or other article seized by a constable under subsection (4) may be destroyed. (8) In subsection (1ZA) “relevant premises” means any land and buildings used for the purposes of, or in connection with— (a) a prison within the meaning of the Prison Act 1952; (b) a young offender institution within the meaning of section 43(1) of that Act; (c) a secure training centre within the meaning of section 43(1) of that Act; (d) approved premises within the meaning of section 13 of the Offender Management Act 2007; (e) a prison within the meaning of the Prisons (Scotland) Act 1989; (f) a young offenders institution within the meaning of section 19(1) of that Act; (g) a prison within the meaning of the Prison Act (Northern Ireland) 1953 (c. 18 (N.I.)); (h) a young offenders centre within the meaning of section 2 of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)); (i) a juvenile justice centre within the meaning of Article 51 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)); (j) service custody premises within the meaning of section 300 of the Armed Forces Act 2006; (k) a removal centre within the meaning of section 147 of the Immigration and Asylum Act 1999.
93ZD Powers of seizure equivalent to powers under section 13 of the Terrorism Act 2000
(1) This section applies in relation to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under section 13(1ZA) of the Terrorism Act 2000 (wearing or displaying articles in support of proscribed organisation). (2) Section 13(4) to (7) of the Terrorism Act 2000 (powers of seizure) applies in relation to the offence under section 42 as it applies to an offence under section 13(1ZA) of the Terrorism Act 2000, but reading references to a constable as references to a service policeman.
124 Management of terrorist offenders¶
(e) a person in respect of whom— (i) a domestic offence notification order (within the meaning of Schedule 4A to the Counter-Terrorism Act 2008), or (ii) a service offence notification order (within the meaning of Schedule 6A to that Act), has been made and who is serving a sentence for the offence by virtue of which the order was made.
125 Sentences for offence of breaching foreign travel restriction order¶
Schedule 17 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).126 Length of terrorism sentence with fixed licence period: Northern Ireland¶
.(za) Articles 13A and 14 of this Order;
Part 15 — Miscellaneous and general¶
International law enforcement data-sharing agreements¶
127 Implementation of international law enforcement information-sharing agreements¶
128 Meaning of “appropriate national authority”¶
(xiv) section 127 of the Crime and Policing Act 2025.
129 Consultation with devolved authorities about regulations under section 127¶
Criminal liability of bodies and partnerships¶
130 Criminal liability of bodies corporate and partnerships where senior manager commits offence¶
General¶
131 Powers to make consequential amendments etc¶
132 Regulations¶
133 Regulations made by the Scottish Ministers, the Department of Justice or the Welsh Ministers¶
134 Extent¶
135 Commencement¶
136 Commencement: consultation requirements¶
137 Short title¶
This Act may be cited as the Crime and Policing Act 2025.Schedules¶
Schedule 11 — Amendments of the Anti-social Behaviour, Crime and Policing Act 2014¶
(4A) But a youth injunction may not have the effect of excluding the respondent from the place where the respondent normally lives.
(6) A youth injunction must specify the period for which it has effect, which must be no more than 12 months.
(8) An application for a youth injunction must be made to a youth court.
(9) In this Part, anti-social behaviour means— (a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or (b) housing-related anti-social conduct (see section 2).
1A Power to grant housing injunctions
(1) A court may grant an injunction under this section (a “housing injunction”) against a person aged 18 or over (“the respondent”) if two conditions are met. (2) The first condition is that the court is satisfied, on the balance of probabilities, that the respondent has engaged or threatens to engage in housing-related anti-social conduct (see section 2). (3) The second condition is that the court considers it just and convenient to grant the injunction for the purpose of preventing the respondent from engaging in housing-related anti-social conduct. (4) A housing injunction may for the purpose of preventing the respondent from engaging in housing-related anti-social conduct— (a) prohibit the respondent from doing anything described in the injunction; (b) require the respondent to do anything described in the injunction. (5) Prohibitions and requirements in a housing injunction must, so far as practicable, be such as to avoid— (a) any interference with the times, if any, at which the respondent normally works or attends any educational establishment; (b) any conflict with the requirements of any other court order or injunction to which the respondent may be subject. (6) A housing injunction must— (a) specify the period for which it has effect, or (b) state that it has effect until further order. (7) A housing injunction may specify periods for which particular prohibitions or requirements have effect. (8) An application for a housing injunction must be made to the High Court or the county court, subject to any rules of court made under section 18(2). (9) A court to may treat an application for a housing injunction as an application under section A1 (power to make respect orders) for an order under that section.
(3) In this section, “relevant conduct” means— (a) in relation to a youth injunction, anti-social behaviour; (b) in relation to a housing injunction, housing-related anti-social conduct.
(4A) In this section, “relevant conduct” means— (a) in relation to a youth injunction, anti-social behaviour; (b) in relation to a housing injunction, housing-related anti-social conduct.
(2) In subsection (1) “the court” means that court that granted the injunction.
(a) in the case of a housing injunction— (i) a judge of the county court, or (ii) if the injunction was granted by the High Court, a judge of the High Court or a judge of the county court; (b) in the case of a youth injunction, a justice of the peace.
(a) in the case of a housing injunction— (i) a judge of the High Court, if the injunction was granted by the High Court, or (ii) a judge of the county court, if the injunction was granted by the county court; (b) in the case of a youth injunction, a justice of the peace.
13A Requirement to carry out risk assessment
(1) A person applying for an injunction under this Part must before doing so carry out a risk assessment in relation to the application. (2) A risk assessment, in relation to an application for an injunction under this Part, is an assessment of— (a) the risk of any person being caused nuisance or annoyance in relation to their occupation of residential premises by the respondent’s conduct, (b) (in relation to an application for a youth injunction), the risk of any person being caused harassment, alarm or distress by the respondent’s conduct, (c) any vulnerabilities of the respondent, (d) any alternative means of preventing the respondent from engaging in relevant conduct, and (e) such other matters as the person considers relevant. (3) A person required to carry out a risk assessment under this section must in doing so have regard to any guidance issued by the Secretary of State under section 19. (4) In this section, “relevant conduct” means— (a) in relation to an application for a youth injunction, anti-social behaviour; (b) in relation to an application for a housing injunction, housing-related anti-social conduct.
.respondent— (a) in relation to a youth injunction, has the meaning given by section 1(1); (b) in relation to a housing injunction, has the meaning given by section 1A(1);
housing injunction means an injunction under section 1A;
“respect order means an order under section A1;
youth injunction means an injunction under section 1.
Schedule 22 — Closure of premises by registered social housing provider¶
;(1A) An RSH provider may only issue a closure notice in respect of premises owned or managed by that provider.
;(c) if, in the case of a notice issued by an RSH provider, the notice is signed by an individual who is part of the provider’s senior management.
;(c) if, in the case of a notice issued by an RSH provider, the RSH provider issues an extension notice signed by an individual who is part of the provider’s senior management.
(7) For the purposes of this section, an individual is part of an RSH provider’s senior management if the individual plays a significant role in— (a) the making of decisions about how the whole or a substantial part of the activities of the provider which relate to social housing are to be managed or organised, or (b) the management or organisation of the whole or a substantial part of such activities.
;(4A) A cancellation notice or a variation notice that relates to a closure notice which was— (a) issued by an RSH provider, and (b) signed as mentioned in section 77(2)(c), must be signed by the person who signed the extension notice (or, if that person is not available, by another person who could have signed the extension notice).
(d) in the case of a closure notice issued by an RSH provider, that provider.
;(c) a representative of the provider that issued the notice, in the case of a notice issued by an RSH provider.
(6) In this section “representative”, in relation to an RSH provider, means— (a) an employee of the provider, or (b) a person, or employee of a person, acting on behalf of the provider.
(c) by the provider that issued the closure notice, if the notice was issued by an RSH provider.
;(c) where the closure order was made on the application of an RSH provider, that provider.
(4) An appropriate consultation about the intention to make the application is carried out if the following are consulted— (a) the local authority and any relevant RSH provider, in the case of an application by a police officer; (b) the chief officer of police for the area in which the premises are situated and any relevant RSH provider, in the case of an application by a local authority; (c) the local authority and the chief officer of police for the area in which the premises are situated, in the case of an application by an RSH provider. An RSH provider is “relevant” if it owns or manages the premises.
;(ba) the provider that applied for the closure order, where the order was made on the application of an RSH provider;
(6A) Where— (a) the order in question was made on the application of an RSH provider, and (b) a person other than that provider makes an application under this section for the discharge of the order, the justice may issue a summons directed to that provider requiring it to appear before the magistrates’ court to respond to the application.(6B) If a summons is issued under subsection (6A), a notice stating the date, time and place of the hearing of the application must be served on— (a) the provider mentioned in that subsection; (b) the persons mentioned in subsection (2)(c) and (d) (other than the complainant).
(3A) An RSH provider may appeal against— (a) a decision not to make a closure order applied for by that provider; (b) a decision not to extend a closure order made on the application of that provider; (c) a decision (under section 81) not to order the continuation in force of a closure notice issued by that provider.
(c) in relation to a closure order made on the application of an RSH provider, means a person authorised by that provider.
.(ba) the RSH provider, in a case where that RSH provider owns or manages the premises;
(6) Where a local authority or a local policing body makes an application under this section in respect of premises owned or managed by an RSH provider, the application must also be served on the RSH provider.
;(2A) An RSH provider is not liable for damages in proceedings for— (a) judicial review, or (b) the tort of negligence, arising out of anything done or omitted to be done by the provider in the exercise or purported exercise of a power under this Chapter.
;registered social housing provider (or “RSH provider”) means— (a) in relation to England, a registered provider of social housing; (b) in relation to Wales, a Welsh body registered as a social landlord under section 3 of the Housing Act 1996;
(4) For the purposes of this Chapter, an RSH provider owns premises if— (a) the provider is a person (other than a mortgagee not in possession) entitled to dispose of the fee simple in the premises, whether in possession or in reversion, or (b) the provider is a person who holds or is entitled to the rents and profits of the premises under a lease that (when granted) was for a term of at least 3 years.
Schedule 33 — LPB case reviews: supplementary provision¶
This is the Schedule to be inserted after Schedule 4 to the Anti-social Behaviour, Crime and Policing Act 2014—Schedule 4A4 — LPB case reviews: supplementary provision
Part 1 — Making and revising LPB review procedures
Consultation: relevant bodies
1 In making and revising its LPB review procedures, the local policing body for a police area must consult the relevant bodies for each local government area all or part of which falls within the police area. Consultation: local providers of social housing
2 (1) In making and revising its LPB review procedures, a local policing body for a police area must consult such relevant local providers of social housing as it considers appropriate. (2) In this Schedule “relevant local provider of social housing”, in relation to the local policing body for a police area, means a local provider of social housing in a local government area all or part of which falls within that police area. Dissatisfaction with LPB case reviews
3 The LPB review procedures must include provision about what is to happen where an applicant is dissatisfied with the way in which the local policing body has— (a) dealt with an application for an LPB case review, or (b) carried out an LPB case review. Assessment and revision of LPB review procedures
4 The LPB review procedures must include provision about— (a) the assessment of the effectiveness of those procedures, and (b) the revision of those procedures. Part 2 — LPB case reviews
Consultation and co-operation: local providers of social housing
5 (1) In carrying out LPB case reviews, the local policing body for a police area must consult such relevant local providers of social housing as it considers appropriate. (2) The relevant local providers of social housing must co-operate with the local policing body for a police area in any matters specified by the body that concern LPB case reviews. Information
6 (1) A local policing body may request any person to disclose information for a purpose connected with the carrying out of an LPB case review. (2) If such a request is made to a person who exercises public functions, and that person possesses the requested information in connection with the exercise of such functions, the person must (subject to sub-paragraph (5)) comply with the request. (3) If such a request is made to a person who is not required by sub-paragraph (2) to disclose the requested information, the person may (subject to sub-paragraph (5)) comply with the request. (4) Except as provided by sub-paragraph (5), a disclosure under this paragraph 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 (however imposed). (5) This paragraph does not require or authorise— (a) a disclosure which would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the duty imposed or (as the case may be) the power conferred by this paragraph), or (b) a disclosure which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016. (6) In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act). Part 3 — Effect of joint review procedures
7 (1) This paragraph applies where, by virtue of paragraph 8 of Schedule 4 (joint review procedures), a local government area falls within two or more police areas. (2) Section 104A(2) applies in relation to the local government area as if references to the local policing body for the police area were to all of the local policing bodies for those police areas acting jointly. (3) Section 104A(3) applies in relation to the local government area as if references to the local policing body for the police area were to— (a) one of the local policing bodies for those police areas, or (b) two or more of the local policing bodies for those police areas acting jointly. (4) If, as a result of sub-paragraph (2) or (3), two or more local policing bodies jointly carry out an LPB case review, references in section 104A and this Schedule to a local policing body in relation to the carrying out of such a review are to be read accordingly. Part 4 — General
Different review procedures for different parts of an area
8 LPB review procedures may make different provision in relation to different parts of a police area. Duty to promote awareness of LPB case reviews
9 A local policing body must, in such manner as it thinks appropriate, promote awareness of— (a) opportunities in the body’s police area to make applications for LPB case reviews, and (b) the LPB review procedures for such reviews. Guidance
10 A local policing body must have regard to guidance issued by the Secretary of State in exercising functions under section 104A, Schedule 4 or this Schedule.
Schedule 45 — CCE prevention orders on conviction¶
Chapter 2A — Child criminal exploitation prevention orders
Making of orders
358A Power to make child criminal exploitation prevention order
(1) This section applies where a court is dealing with an offender aged 18 or over for an offence. (2) The court may make an order under section 358B (a “CCE prevention order”) if the following conditions are met. (3) The first condition is that— (a) the court is satisfied that the offender has engaged in conduct associated with causing children to engage in criminal conduct, or (b) the offence is an offence under section 17 of the Crime and Policing Act 2025 (child criminal exploitation). (4) The second condition is that the court considers that there is a risk that the offender will cause children, or any particular children, to engage in criminal conduct. (5) The third condition is that the court considers that it is necessary to make the order to protect children, or any particular children, from being caused to engage in criminal conduct. (6) In subsection (3)(a) the reference to conduct “associated with” causing children to engage in criminal conduct includes in particular grooming children (or encouraging others to groom children) with the intention that they will in future engage in criminal conduct. (7) In subsection (3) the reference to conduct or an offence includes conduct or an offence occurring before (as well as after) this section comes into force. (8) For the meaning of “children” and “criminal conduct” see section 358I. 358B CCE prevention orders
(1) A CCE prevention order is an order which— (a) prohibits the offender from doing anything described in the order; (b) requires the offender to do anything described in the order. The order may in particular require the offender to comply with section 358C (notification).(2) A court may include a prohibition or requirement only if it considers it necessary for the purpose of protecting children, or any particular children, from being caused to engage in criminal conduct. (3) Prohibitions and requirements must, so far as practicable, be such as to avoid— (a) any conflict with any religious beliefs of the offender; (b) any interference with the times, if any, at which the offender 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 offender 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 five 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 an offender who is already subject to such an order, the earlier order ceases to have effect. 358C Notification requirements
(1) This section applies where a CCE prevention order requires the offender 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 offender to comply with this section is first served, the offender must notify to the police— (a) the offender's name and, where the offender uses one or more other names, each of those names, and (b) the offender's home address. (3) If, while the offender is subject to the order, the offender— (a) uses a name which has not been notified under the order, or (b) changes home address, the offender 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 offender uses the name or changes home address. (5) A notification under this section is made by— (a) attending at a police station in— (i) the offender’s local police area, or (ii) the local police area in which the court that made the order 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 offender’s sole or main residence in England and Wales, or (b) where the offender has no such residence, the address or location of a place in England or Wales where the offender can regularly be found and, if there is more than one such place, such one of those places as the offender may select. (8) In determining the period of three days mentioned in subsection (2) or (4), no account is to be taken of any time when the offender is— (a) remanded in or committed to custody by an order of a court or kept in service custody, (b) serving a sentence of imprisonment or a term of service detention, (c) detained in a hospital, or (d) outside the United Kingdom. Procedure
358D Procedural powers
(1) 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 offender. (2) It does not matter whether the evidence would have been admissible in the proceedings for the offence for which the offender is being dealt with. (3) The court may adjourn any proceedings relating to the making of a CCE prevention order. (4) If the offender does not appear for any adjourned proceedings, the court may— (a) further adjourn the proceedings, (b) issue a warrant for the offender’s arrest, or (c) hear the proceedings in the offender’s absence. (5) The court may act under subsection (4)(b) only if satisfied that the offender has had adequate notice of the time and place of the adjourned proceedings. (6) The court may act under subsection (4)(c) only if satisfied that the offender— (a) has had adequate notice of the time and place of the adjourned proceedings, and (b) has been informed that if the offender does not appear for those proceedings, the court may hear the proceedings in the offender’s absence. (7) Nothing in this section limits any other powers of the court. Variation, discharge and appeals
358E Variation and discharge of 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 offender; (b) the chief officer of police for the police area in which the offender lives; (c) a chief officer of police who believes that the offender 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 protect children, or any particular children, from being caused to engage in criminal behaviour. (6) Subsections (3), (4) and (6) of section 358B 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 five years beginning with the day on which the order was made, without the consent of the offender and— (a) the chief officer of police for the police area in which the offender lives, or (b) where the application is made by a chief officer of police, that chief officer. (8) 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. 358F Appeals
(1) A person mentioned in subsection (2) may appeal against a decision made on an application under section 358E. (2) The persons are— (a) the person who made the application; (b) the offender; (c) the chief officer of police for the police area in which the offender lives; (d) a chief officer of police who believes that the offender is in, or is intending to come to, the chief officer’s police area. (3) An appeal under this section is to be made— (a) where the application was made to the Crown Court, to the Court of Appeal; (b) in any other case, to the Crown Court. (4) On an appeal under subsection (3)(b), the Crown 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. Supplementary
358G Offence of breaching CCE prevention order
(1) A person who, without reasonable excuse, fails to comply with a CCE prevention order commits an offence. (2) 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). (3) 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. (4) In proceedings for an offence under this section, a copy of the original CCE prevention 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. 358H Offence of providing false information
(1) This section applies where a CCE prevention order requires a person to comply with section 358C (notification requirements). (2) It is an offence for the person, in purported compliance with that section, to notify to the police any information which the person knows 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). 358I Interpretation and supplementary provision
(1) In this Chapter— CCE prevention order means an order under section 358B; children means persons under the age of 18 (and “child” is to be construed accordingly); criminal conduct means— (a) conduct which constitutes an offence under the law of England and Wales, or (b) conduct which would constitute such an offence if either or both of the following were the case (insofar as they are not the case)— (i) the conduct occurred in England or Wales; (ii) the child were aged 10 or over. (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.
Schedule 56 — Control over another’s home for criminal purposes: relevant offences¶
Part 1 — England and Wales¶
Part 2 — Scotland¶
Part 3 — Northern Ireland¶
Schedule 67 — Online facilitation of child sexual exploitation and abuse: specified offences¶
Part 1 — England and Wales¶
Part 2 — Scotland¶
Part 3 — Northern Ireland¶
Schedule 78 — Duty to report child sex offences: child sex offences and further relevant activities¶
Part 1 — Child sex offences¶
Part 2 — Further relevant activities¶
Schedule 89 — Offences relating to intimate photographs or films and voyeurism¶
Part 1 — Amendments of the Sexual Offences Act 2003¶
66AA Taking or recording intimate photograph or film
(1) A person (A) commits an offence if— (a) A intentionally takes a photograph, or records a film, which shows another person (B) in an intimate state, (b) B does not consent to the taking or recording of the photograph or film, and (c) A does not reasonably believe that B consents. (2) A person (A) commits an offence if— (a) A intentionally takes a photograph, or records a film, which shows another person (B) in an intimate state, (b) A does so with the intention of causing B alarm, distress or humiliation, and (c) B does not consent to the taking or recording of the photograph or film. (3) A person (A) commits an offence if— (a) A intentionally takes a photograph, or records a film, which shows another person (B) in an intimate state, (b) A does so for the purpose of A or another person obtaining sexual gratification, (c) B does not consent to the taking or recording of the photograph or film, and (d) A does not reasonably believe that B consents. (4) Subsections (1) to (3) are subject to section 66AB (exemptions). (5) It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for taking the photograph or recording the film. (6) Sections 75 and 76 apply to an offence under this section. (7) A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both). (8) A person who commits an offence under subsection (2) or (3) 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 2 years. (9) If on the trial of a person charged with an offence under subsection (2) or (3) a magistrates’ court or jury finds the person not guilty of the offence charged, the magistrates’ court or jury may find the person guilty of an offence under subsection (1). (10) The Crown Court has the same powers and duties in relation to a person who is by virtue of subsection (9) convicted before it of an offence under subsection (1) as a magistrates’ court would have on convicting the person of the offence. 66AB Taking or recording intimate photograph or film: exemptions
(1) A person (A) who takes a photograph, or records a film, which shows another person (B) in an intimate state does not commit an offence under section 66AA(1), (2) or (3) if— (a) the photograph or film is, or A reasonably believes that it is, taken or recorded in a place to which the public or a section of the public have or are permitted to have access (whether on payment or otherwise), (b) B has no reasonable expectation of privacy from the photograph or film being taken or recorded, and (c) B is, or A reasonably believes that B is, in the intimate state voluntarily. (2) For the purposes of subsection (1)(b), whether a person has a reasonable expectation of privacy from a photograph or film being taken or recorded is to be determined by reference to the circumstances that the person taking the photograph or recording the film reasonably believes to exist at the time the photograph or film is taken or recorded. (3) A person (A) who takes a photograph, or records a film, which shows another person (B) in an intimate state does not commit an offence under section 66AA(1) if— (a) B is a person under 16, (b) B lacks, or A reasonably believes that B lacks, capacity to consent to the taking or recording of the photograph or film, and (c) the photograph or film is taken or recorded— (i) by a healthcare professional acting in that capacity, or (ii) otherwise in connection with the care or treatment of B by a healthcare professional. (4) A person (A) who takes a photograph, or records a film, which shows a child in an intimate state does not commit an offence under section 66AA(1) if— (a) A is— (i) a member of the child’s family, or (ii) a friend of the child or the child’s family, and (b) the photograph or film is of a kind ordinarily taken or recorded by such a person. 66AC Installing etc. equipment to enable taking or recording of intimate photograph or film
(1) A person (A) commits an offence if A instals, adapts, prepares or maintains equipment with the intention of enabling A or another person to commit an offence under section 66AA(1). (2) A person (A) commits an offence if A instals, adapts, prepares or maintains equipment with the intention of enabling A or another person to commit an offence under section 66AA(2) or (3). (3) A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both). (4) A person who commits an offence under subsection (2) 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 2 years. (5) If on the trial of a person charged with an offence under subsection (2) a magistrates’ court or jury finds the person not guilty of the offence charged, the magistrates’ court or jury may find the person guilty of an offence under subsection (1). (6) The Crown Court has the same powers and duties in relation to a person who is by virtue of subsection (5) convicted before it of an offence under subsection (1) as a magistrates’ court would have on convicting the person of the offence.
(5A) Section 76 applies to an offence under subsection (1), (2) or (3).
(4) “Photograph” includes the negative as well as the positive version. (4A) “Film” means a moving image. (4B) For the purposes of sections 66B and 66C, references to a photograph or film also include— (a) an image, whether made or altered by computer graphics or in any other way, which appears to be a photograph or film, (b) a copy of a photograph, film or image within paragraph (a), and (c) data stored by any means which is capable of conversion into a photograph, film or image within paragraph (a).
(10) For the purposes of section 66AA(1) to (3), 66B(1) to (3) and 66C(3)(b)— (a) “consent” to the taking, recording or sharing of a photograph or film includes general consent covering the particular act of taking, recording or sharing as well as specific consent to the particular act of taking, recording or sharing, and (b) whether a belief is reasonable is to be determined having regard to all the circumstances including any steps A has taken to ascertain whether B consents.
(3C) Section 76 applies to an offence under subsection (2B).
An offence under section 66AA(1), (2) or (3) (taking or recording an intimate photograph or film)
The defendant intentionally taking a photograph, or recording a film, which shows another person (“the complainant”) in an intimate state.
An offence under section 66B(1), (2) or (3) (sharing an intimate photograph or film)
The defendant intentionally sharing a photograph or film which shows, or appears to show, another person (“the complainant”) in an intimate state.
An offence under section 67A(2B) (voyeurism: recording image of person breast-feeding a child)
The defendant recording an image of another (“the complainant”) while the complainant is breast-feeding a child.
(11) The “maximum term for summary offences”, in relation to an offence, 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.
33AA An offence under section 66AA(3) of this Act (taking or recording intimate photograph or film for purpose of obtaining sexual gratification) if— (a) where the offender was under 18, the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months; (b) in any other case— (i) the victim was under 18, or (ii) the offender, in respect of the offence or finding, is or has been— (A) sentenced to a term of imprisonment, (B) detained in a hospital, or (C) made the subject of a community sentence of at least 12 months. 33AB (1) An offence under section 66AC(2) of this Act (installing etc. equipment to enable taking or recording of intimate photograph or film) if— (a) the offence was committed with the intention of enabling an offence to be committed under section 66AA(3) of this Act (taking or recording intimate photograph or film for purpose of obtaining sexual gratification), and (b) sub-paragraph (2) applies. (2) This sub-paragraph applies if— (a) where the offender was under 18, the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months; (b) in any other case— (i) the victim was under 18, or (ii) the offender, in respect of the offence or finding, is or has been— (A) sentenced to a term of imprisonment, (B) detained in a hospital, or (C) made the subject of a community sentence of at least 12 months.
Part 2 — Further amendments in connection with offences¶
Children and Young Persons Act 1933 (c. 12)¶
Police and Criminal Evidence Act 1984 (c. 60)¶
Criminal Justice Act 2003 (c. 44)¶
149AA An offence under section 66AA(2) or (3) of that Act (taking or recording intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification). 149AB An offence under section 66AC(2) of that Act (installing etc. equipment to enable taking or recording of intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification).
Armed Forces Act 2006 (c. 52)¶
177DA Photographs and films to be treated as used for purpose of certain offences
(1) This section applies where a person commits an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under section 66AA(1), (2) or (3) of the Sexual Offences Act 2003 (taking or recording of intimate photograph or film). (2) The photograph or film to which the offence relates, and anything containing it, is to be regarded for the purposes of section 177C(3) (and section 94A(3)(b)(ii)) as used for the purpose of committing the offence (including where it is committed by aiding, abetting, counselling or procuring).
Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)¶
Modern Slavery Act 2015 (c. 30)¶
.section 66AA(2) (taking or recording intimate photograph or film with intent to cause alarm, distress or humiliation) section 66AA(3) (taking or recording intimate photograph or film for purpose of obtaining sexual gratification) section 66AC(2) (installing etc. equipment to enable taking or recording of intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification)
Sentencing Code¶
154ZA Photographs and films to be treated as used for purpose of certain offences
(1) This section applies where a person commits an offence under section 66AA(1), (2) or (3) of the Sexual Offences Act 2003 (taking or recording of intimate photograph or film). (2) The photograph or film to which the offence relates, and anything containing it, is to be regarded for the purposes of section 153 (and section 157(3)(b)) as used for the purpose of committing the offence (including where it is committed by aiding, abetting, counselling or procuring).
.(axaa) section 66AA(2) (taking or recording intimate photograph or film with intent to cause alarm, distress or humiliation); (axab) section 66AA(3) (taking or recording intimate photograph or film for purpose of obtaining sexual gratification); (axac) section 66AC(2) (installing etc. equipment to enable taking or recording of intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification);
Schedule 910 — Management of sex offenders: minor and consequential amendments¶
(1) This section applies for the purposes of sections 87 to 87B.
(1A) “Passport” has the meaning given by section 83(8).
(6) “Relevant police area” means, in relation to a person— (a) the police area in which the person’s home address is situated; (b) in the absence of a home address, the police area in which the home address last notified is situated; (c) in the absence of a home address and of any such notification, the police area in which the court which last dealt with the person in a way mentioned in subsection (7) is situated. (7) The ways are— (a) dealing with a person in respect of an offence listed in Schedule 3 or a finding in relation to such an offence; (b) dealing with a person in respect of an offence under section 128 or a finding in relation to such an offence; (c) making, in respect of a person, an order of any of the kinds mentioned in subsection (8). (8) The orders are— (a) a notification order or interim notification order; (b) a sexual harm prevention order or interim sexual harm prevention order; (c) a sexual offences prevention order or interim sexual offences prevention order; (d) an order under section 2, 2A or 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim orders made in England and Wales or Scotland); (e) an order under article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders and interim orders made in Northern Ireland); (f) an order under section 11, 12 or 21 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) (sexual harm prevention orders made in Scotland); (g) an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction). (9) In subsection (7) “finding” in relation to an offence means— (a) a finding of not guilty of the offence by reason of insanity, or (b) a finding that the person was under a disability and did the act or omission charged against the person in respect of the offence. (10) For the references to police area in subsection (6)— (a) in relation to Scotland, see Schedule 1 to the Interpretation Act 1978; (b) in relation to Northern Ireland, see section 136(3).
(a) sections 91A to 91F (discharge from indefinite notification requirements in England and Wales); (b) Schedule 3A (discharge from indefinite notification requirements in Northern Ireland).
(1) A person (“P”) commits an offence if P— (a) fails, without reasonable excuse, to comply with— (i) section 83(1); (ii) section 83A(1), (2), (5) or (7)(b); (iii) section 84(1) or (4)(b); (iv) section 85(1); (v) section 86B(1) or (6)(b); (vi) section 89(2)(b); (vii) any requirement imposed by regulations under section 86(1); (b) notifies to the police any information which P knows to be false in purported compliance with— (i) section 83(1); (ii) section 83A(1), (2) or (5); (iii) section 84(1); (iv) section 85(1); (v) section 86B(1); (vi) any requirement imposed by regulations under section 86(1). (1A) A person (“P”) commits an offence under the law of England and Wales if P— (a) fails, without reasonable excuse, to comply with— (i) section 85ZA(2) or (6); (ii) section 87(4); (iii) section 96ZB(3)(b); (b) notifies to the police any information which P knows to be false in purported compliance with section 85ZA(2) or (6). (1B) A person (“P”) commits an offence under the law of Scotland if P— (a) fails, without reasonable excuse, to comply with— (i) section 85ZA(2) or (6); (ii) section 87(5A) or (5B); (b) notifies to the police any information which P knows to be false in purported compliance with section 85ZA(2) or (6). (1C) A person (“P”) commits an offence under the law of Northern Ireland if P— (a) fails, without reasonable excuse, to comply with— (i) section 85A(2) or (6); (ii) section 87(4); (b) notifies to the police any information which P knows to be false in purported compliance with section 85A(2) or (6).
(2) A person who commits an offence under this section is liable— (a) on summary conviction in England or 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 5 years or a fine (or both).
(3A) In subsection (3) “relevant requirement” means— (a) in relation to an offence under subsection (1)(a), a requirement imposed by— (i) section 83(1); (ii) section 83A(1), (2) and (5); (iii) section 84(1); (iv) section 85(1); (v) section 86B(1); (vi) regulations under section 86(1); (b) in relation to an offence under subsection (1A)(a) or (1B)(a), a requirement imposed by section 85ZA(2) or (6); (c) in relation to an offence under subsection (1C)(a), a requirement imposed by section 85A(2) or (6).
;(a) notified to the police under section 83, 83A, 84, 85, 85ZA, 85A or 86B,
;(aa) notified to the police in accordance with a requirement imposed by regulations under section 86,
(c) provided in, or in a document accompanying, an application to the police under section 93C(1).
(5) Section 87A (alternative method of notification) applies for the purposes of a notification under subsection (3) as it applies for the purposes of the notifications mentioned in section 87A(1).
.relevant police area has the meaning given by section 88(6);
(1) Orders or regulations made by the Secretary of State under this Act are to be made by statutory instrument. (2) A statutory instrument containing an order or regulations made by the Secretary of State under any of the following provisions may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament— (a) section 21; (b) section 22A; (c) sections 83 to 85; (d) section 86; (e) section 86B(3) or (4); (f) section 93B(6)(d); (g) section 93C(6)(b); (h) section 93I; (i) section 130; (j) section 136Q(1). (3) Any other statutory instrument containing an order or regulations made by the Secretary of State (except one containing an order under section 141) is to be subject to annulment in pursuance of a resolution of either House of Parliament. (4) Orders or regulations made by the Secretary of State under this Act may— (a) make different provision for different purposes; (b) include supplementary, incidental, consequential, transitional, transitory or saving provisions. (4A) For orders or regulations made by the Scottish Ministers under this Act see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments). (4B) Orders or regulations made by the Scottish Ministers under any of the following provisions are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)— (a) sections 83 to 85; (b) section 86; (c) section 86B(3) or (4); (d) section 93B(6)(d); (e) section 93C(6)(b); (f) section 88H; (g) section 130. (4C) Any other orders or regulations made by the Scottish Ministers are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)). (4D) Orders or regulations made by the Scottish Ministers under this Act may— (a) make different provision for different purposes; (b) include supplementary, incidental, consequential, transitional, transitory or saving provisions.
(4) The Department of Justice may by regulations amend the period in sub-paragraph (1).
;(1A) “Relevant provision” means— (a) paragraph 4(3); (b) paragraph 5(6); (c) paragraph 6C(4); (d) paragraph 6D(6), (notice of decision not to discharge notification requirements).
;(1A) The Department of Justice must issue guidance as to the determination by the Chief Constable of own motion reviews.
(a) sections 91A to 91F (discharge from indefinite notification requirements in England and Wales); (b) sections 88A to 88H (discharge from indefinite notification requirements in Scotland).
Schedule 1011 — Possession or supply of SIM farms or other specified articles: powers of entry etc¶
Part 1 — General¶
Interpretation¶
Saving¶
Part 2 — Powers of entry etc¶
Power to enter and search vehicles¶
Power to enter and search vessels or aircraft¶
Warrant conferring power to enter and search premises¶
Applications for search warrants¶
Execution of search warrants¶
Powers of examination etc¶
Power to require production of documents etc¶
Power to use reasonable force¶
Obstruction etc¶
Part 3 — Applications for search warrants: England and Wales and Northern Ireland¶
Introduction¶
Applications for warrants¶
Warrant: whether authorises one or multiple entries¶
Form of warrants¶
Copies of warrants¶
Part 4 — Execution of search warrants: England and Wales and Northern Ireland¶
Introduction¶
Warrant to be executed within one month¶
All-premises warrants¶
Search of premises more than once¶
Time of search¶
Evidence of authority etc¶
Extent of search¶
Securing premises after entry¶
Return and retention of warrant¶
Schedule 1112 — Specified war memorials¶
Part 1 — War memorials¶
Part 2 — Parts of war memorials¶
Schedule 1213 — Suspension of internet protocol addresses and internet domain names¶
Applications for IP address suspension orders¶
Conditions for making an IP address suspension order¶
Applications for domain name suspension orders¶
Conditions for making a domain name suspension order¶
Applications for suspension orders: non-disclosure duty¶
Inclusion of non-disclosure requirements in suspension orders¶
Discharge and variation of suspension orders¶
Extension of suspension orders¶
Discharge and variation of non-disclosure orders¶
Applications: further provision¶
Service of notices and orders¶
Rules of court¶
Effect of orders¶
“Appropriate officer” and “senior officer”¶
“Judge”¶
“IP address provider”¶
“Internet domain registry” and “registrar”¶
“Crime”, “serious crime” etc¶
“UK person”¶
Further interpretation¶
Schedule 1314 — Drug testing in police detention: trigger offences¶
This is the Schedule to be inserted after Schedule 2A to the Police and Criminal Evidence Act 1984—Schedule 2B15 — Testing for controlled drugs: trigger offences
Common law offences
1 Common assault. 2 Battery. Offences against the Person Act 1861
3 Offences under the following provisions of the Offences against the Person Act 1861— (a) section 16 (threats to kill); (b) section 18 (wounding with intent to cause grievous bodily harm); (c) section 20 (malicious wounding); (d) section 47 (assault occasioning actual bodily harm). Children and Young Persons Act 1933
4 An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to persons under sixteen). Prevention of Crime Act 1953
5 An offence under section 1 of the Prevention of Crime Act 1953 (carrying offensive weapon in public place). Restriction of Offensive Weapons Act 1959
6 An offence under section 1(1A) of the Restriction of Offensive Weapons Act 1959 (possession of flick knife, flick gun or gravity knife). Theft Act 1968, etc
7 Offences under the following provisions of the Theft Act 1968— (a) section 1 (theft); (b) section 8 (robbery); (c) section 9 (burglary); (d) section 10 (aggravated burglary); (e) section 12 (taking motor vehicle or other conveyance without authority); (f) section 12A (aggravated vehicle-taking); (g) section 22 (handling stolen goods); (h) section 25 (going equipped for stealing, etc). 8 An offence under section 1(1) of the Criminal Attempts Act 1981, if committed in respect of an offence under any of the following provisions of the Theft Act 1968— (a) section 1 (theft); (b) section 8 (robbery); (c) section 9 (burglary); (d) section 22 (handling stolen goods). Misuse of Drugs Act 1971
9 Offences under the following provisions of the Misuse of Drugs Act 1971, if committed in respect of a specified controlled drug— (a) section 4 (restriction of production and supply of controlled drugs); (b) section 5(2) (possession of controlled drug); (c) section 5(3) (possession of controlled drug with intent to supply). Criminal Damage Act 1971
10 Offences under the following provisions of the Criminal Damage Act 1971, other than an offence of arson— (a) section 1(1) (destroying or damaging property); (b) section 1(2) (destroying or damaging property with intent to endanger life, etc). Public Order Act 1986
11 Offences under the following provisions of the Public Order Act 1986— (a) section 2 (violent disorder); (b) section 3 (affray); (c) section 4 (fear or provocation of violence); (d) section 4A (intentional harassment, alarm or distress); (e) section 4B (intentional harassment, alarm or distress on account of sex); (f) section 5 (harassment). Criminal Justice Act 1988
12 Offences under the following provisions of the Criminal Justice Act 1988— (a) section 139 (having article with blade or point in public place); (b) section 139A(1) (having article with blade or point on education premises); (c) section 139A(2) (having offensive weapon on education premises); (d) section 141(1A) (possession of offensive weapon in private). Road Traffic Act 1988
13 Offences under the following provisions of the Road Traffic Act 1988— (a) section 4(1) (driving when unfit through drink or drugs); (b) section 4(2) (being in charge when unfit through drink or drugs). Football (Offences) Act 1991
14 Offences under the following provisions of the Football (Offences) Act 1991— (a) section 2 (throwing of missiles); (b) section 3 (indecent or racialist chanting); (c) section 4 (going onto the playing area). Protection from Harassment Act 1997
15 Offences under the following provisions of the Protection from Harassment Act 1997— (a) section 2 (harassment); (b) section 2A (stalking); (c) section 4 (putting people in fear of violence); (d) section 4A (stalking involving fear of violence or serious alarm or distress). Crime and Disorder Act 1998
16 An offence under section 32 of the Crime and Disorder Act 1998 (racially or religiously aggravated harassment, etc). Criminal Justice and Police Act 2001
17 An offence under section 42A of the Criminal Justice and Police Act 2001 (harassment etc of a person in their home). Sexual Offences Act 2003
18 Offences under the following provisions of the Sexual Offences Act 2003— (a) section 1 (rape); (b) section 2 (assault by penetration); (c) section 3 (sexual assault); (d) section 61 (administering a substance with intent). Serious Crime Act 2015
19 Offences under the following provisions of the Serious Crime Act 2015— (a) section 75A (strangulation or suffocation); (b) section 76 (controlling or coercive behaviour).
Schedule 1416 — Confiscation orders: England and Wales¶
Part 1 — The principal objective¶
Exercise of powers: general
5A The principal objective
(1) This section applies to any power conferred by or under this Part on— (a) a court; (b) a prosecutor; (c) a person who is an appropriate officer within the meaning given by section 41A(3) or 47A(1); (d) any other person whose functions include the investigation of crime; (e) a receiver appointed under section 48 or 50. (2) The principal objective in exercising a power to which this section applies in relation to a defendant is to deprive the defendant of the defendant’s benefit from criminal conduct, so far as within the defendant’s means. (3) The defendant’s means are to be taken to include any tainted gifts made by the defendant. (4) A court or person must exercise any power to which this section applies in the way which the court or person considers is best calculated to further the principal objective. (5) The duty under section 2A(1) does not apply to the exercise by a relevant authority of a power to which this section applies if and to the extent that exercising the power in compliance with that duty would be inconsistent with doing so in compliance with the duty under subsection (4). (6) In subsection (5) “relevant authority” has the meaning given by section 2A(2).
Part 2 — Criminal lifestyle¶
Prosecutor’s discretion¶
;(2A) The statement of information must indicate whether or not the case is one in which the court is asked to decide whether the defendant has a criminal lifestyle (see section 6(4)).
The serious risk of injustice test¶
(6A) In determining whether there would be a serious risk of injustice if a required assumption were made in relation to particular property or expenditure, the court must consider all the circumstances of the case and must, in particular, give the appropriate weight to— (a) any evidence about the serious risk of injustice that has been made available to it, and (b) any explanation given by the defendant for being unable to provide evidence that would have shown the assumption to be incorrect.
Cases in which defendant has a criminal lifestyle¶
Criminal lifestyle offences¶
Environmental offences
9C (1) An offence under section 33(1)(a) of the Environmental Protection Act 1990 (depositing, or causing or permitting the deposit of, certain waste, otherwise than in accordance with an environmental permit). (2) An offence under regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) (operating a regulated facility, or causing or knowingly permitting a water discharge activity or groundwater activity, otherwise than in accordance with an environmental permit).
Part 3 — Provisions concerning amount to be paid under confiscation order¶
Recoverable amount¶
;(za) any property in respect of which an order falling within section 13(3)(b), (c) or (d) was made before the court proceeded under section 6 (see section 15A(2)(c)),
(e) any property that has been restored to a victim of the conduct concerned, or any other person entitled to recover it, (f) any property that has been handed over to an appropriate officer within the meaning given by section 41A(3) or 47A(1), (g) any property that, having been seized under a power conferred by or by virtue of— (i) a warrant granted under any enactment or rule of law, or (ii) any enactment, or rule of law, under which the authority of a warrant is not required, has not subsequently been released, and(h) any amount paid by the defendant by way of compensation in connection with the conduct concerned to any victim of the conduct in respect of loss, injury or damage sustained by the victim.
;(b) either or both of the conditions mentioned in subsection (1A) are met,
(1A) The conditions are that— (a) there is evidence which was not available to the prosecutor at the relevant time; (b) there is property that— (i) but for section 7(4)(g) (seized property), would have been taken into account in calculating the relevant amount, and (ii) has been released to the defendant since the relevant time.
Hidden property¶
(c) any amount determined under section 9A (value of hidden property).
9A Hidden property
(1) This section applies where it appears to a court calculating the available amount that— (a) the defendant’s benefit from the conduct concerned exceeds the total of the values (as at the time the confiscation order is made) of— (i) all the free property then held by the defendant, and (ii) all tainted gifts, and (b) some or all of that excess is a result of property having been hidden by or on behalf of the defendant. (2) The court must determine the total value of the property that the court considers has been hidden by or on behalf of the defendant. (3) When making a determination under this section the court must, in particular, consider the extent to which there are other circumstances that may account for the excess mentioned in subsection (1)(b), for example— (a) expenditure incurred by the defendant which has or may have been met from the defendant’s benefit from the conduct concerned; (b) changes in the value of the property held by the defendant.
Tainted gifts¶
(5) A gift is tainted if it was made by the defendant— (a) at any time after the commission of the offence concerned, or (b) if the defendant’s particular criminal conduct consists of two or more offences and they were committed at different times, at any time after the commission of the earliest of the offences.
Benefit¶
(8) But in a case where— (a) the person— (i) intended to have only a limited power to control or dispose of all or part of the property, (ii) held the property temporarily, or (iii) is treated as obtaining the property as a result of section 84(3), and (b) the court believes that the amount found under subsection (7) in relation to the property would produce a result that would be unjust, the court may reduce that amount to such amount (including zero) as the court believes is just.
(3) If, as a result of or in connection with conduct, a person keeps property that the person already has, where the court believes it just to do so the person is to be treated as obtaining the property as a result of or in connection with the conduct.
Value of property obtained¶
(5) If only a proportion of the property was obtained by the person as a result of or in connection with the person’s criminal conduct, only that proportion is to be taken into account for the purposes of subsections (2) to (4). (6) This section does not apply in a case where section 80A applies.
80A Mortgages
(1) This section applies if— (a) a person uses a loan obtained as a result of or in connection with the person’s criminal conduct to purchase an interest in land, (b) the loan is secured by a mortgage over the interest in land, and (c) the interest in land has increased in value during the loan period. (2) The value, at the material time, of the property obtained as a result of or in connection with the person’s criminal conduct is to be taken to be the amount found using the following formula—
A B × Cwhere—
A is the amount of the loan; B is the value of the interest in land at the time it was purchased; C is the amount by which the interest in land has increased in value between that time and the end of the loan period. (3) The value of the interest in land at the beginning and end of the loan period is to be found in accordance with section 79. (4) If the loan period ends before the material time, the amount found under subsection (2) is to be adjusted to take account of changes in the value of money between the end of the loan period and the material time. (5) In this section— the loan period is the period between the time when the loan is obtained and the earlier of— (a) the time when the principal, and any interest due, is repaid, and (b) the material time; the material time is the time the court makes its decision.
Value of property sold or destroyed¶
(3A) Where the person no longer holds the property obtained because it has been sold, the value of the property at the material time is the greater of the following— (a) the proceeds of the sale, adjusted to take account of later changes in the value of money; (b) the value (immediately before the sale) of the property, adjusted to take account of later changes in the value of money. (3B) Where the person no longer holds the property obtained because it has been destroyed by virtue of a court order under section 51(2)(e) or section 67AA (orders for destruction of cryptoassets), the value of the property at the material time is the market value of the property as set out in the court order, adjusted to take account of later changes in the value of money. (3C) For the purposes of subsection (3A)(a), if the proceeds of the sale are in a currency other than sterling, they must be taken to be the sterling equivalent calculated in accordance with the rate of exchange prevailing at the end of the day of the sale.
Part 4 — Priority orders¶
Priority orders¶
(5) Where a court makes a confiscation order or priority order the effect of which is that subsection (6) applies, the court making that order must also make a priority payment direction. (6) This subsection applies if, in the same proceedings (see section 85 for the meaning of “proceedings”) the following are made against the same person— (a) a confiscation order, and (b) one or more priority orders. (7) A “priority payment direction” is a direction that any amount payable under the priority order (or orders) that remains unpaid when any sum is recovered under the confiscation order is to be paid out of that sum.
(5) If a priority payment direction was made under section 13(5), the designated officer must next apply the sums in payment of any amounts payable under the priority order (or orders) that remain unpaid. (5A) In a case in which there is more than one priority order the sums are to be applied in the order in which the priority orders were made, starting with the earliest of them.
Part 5 — Compensation directions¶
Compensation directions¶
22A Increased available amount: compensation directions
(1) This section applies where under section 22(4) a court varies a confiscation order so as to increase the amount required to be paid under the order. (2) The court may make a supplementary compensation direction if— (a) a compensation order has been made against the defendant in respect of the offence (or any of the offences) concerned, and (b) at the time the compensation order was made, the amount of the compensatable loss that had been sustained by the person in whose favour it was made was greater than the amount required to be paid by the compensation order. (3) A supplementary compensation direction is a direction that so much of the amount recovered under the confiscation order as the court considers appropriate is to be paid to the person in whose favour the compensation order was made. (4) That amount must not exceed the difference between— (a) the amount of the compensatable loss that had been sustained by the person at the time the compensation order was made, and (b) the amount required to be paid to the person by the compensation order, or so much of that difference as remains unpaid.(5) If the amount mentioned in subsection (4)(a) exceeds any applicable maximum amount, subsection (4) applies as if the amount in subsection (4)(a) were the applicable maximum amount. (6) The court may make a compensation direction if— (a) at the time the confiscation order was made, a person was known to the court to have sustained compensatable loss as a result of the offence (or any of the offences) concerned, but (b) a compensation order has not been made against the defendant in respect of that compensatable loss. (7) A compensation direction is a direction that so much of the amount recovered under the confiscation order as the court considers appropriate is to be paid to the person mentioned in subsection (6)(a). (8) That amount must not exceed— (a) the amount of the compensatable loss that had been sustained by the person as a result of the offence (or any of the offences) concerned at the time the confiscation order was made, or (b) so much of that amount as remains unpaid. (9) If the amount mentioned in subsection (8)(a) exceeds any applicable maximum amount, subsection (8) applies as if the amount in subsection (8)(a) were the applicable maximum amount. (10) In this section— applicable maximum amount means the maximum amount of compensation (if any) that a compensation order made against the defendant in respect of the offence (or offences) concerned could have required the defendant to pay; compensatable loss means personal injury, loss or damage of a kind in respect of which a compensation order could have been made; compensation order means an order under— (a) section 130 of the Powers of Criminal Courts (Sentencing Act) 2000, or (b) Chapter 2 of Part 7 of the Sentencing Code.
(5B) If under section 22A (compensation directions) a direction was made for an amount to be paid to a person, the designated officer must next apply the sums in payment of that amount.
Part 6 — Procedural matters¶
Timing of confiscation proceedings and effect on sentencing¶
15A Timing of confiscation proceedings and effect on sentencing
(1) This section applies where the court sentences the defendant for the offence (or any of the offences) concerned before it proceeds under section 6. (2) In sentencing the defendant for the offence (or any of the offences) concerned the court must not— (a) impose a fine on the defendant, (b) make an order falling within section 13(3)(a), (c) make an order falling within section 13(3)(b), (c) or (d) other than any such order made in respect of property that has little or no market value at the time of sentencing, (d) make an order for the payment of compensation under Chapter 2 of Part 7 of the Sentencing Code, (e) make an order for the payment of a surcharge under section 42 of that Code, or (f) make an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013. (3) The court must draw up a timetable for the proceedings under section 6 before the end of the hearing at which it sentences the defendant for the offence (or, where there is more than one, the last offence) concerned. (4) The court may revise a timetable drawn up under subsection (3). (5) Section 6 has effect as if the defendant’s particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding the defendant’s sentence for the offence or offences concerned. (6) The court may, after the conclusion of the proceedings under section 6, vary the sentence by— (a) imposing a fine on the defendant, (b) making an order falling within section 13(3), (c) making an order for the payment of compensation under Chapter 2 of Part 7 of the Sentencing Code, (d) making an order for the payment of a surcharge under section 42 of that Code, or (e) making an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013. (7) But the court may proceed under subsection (6) only within the period of 56 days beginning with the day on which the court— (a) makes a confiscation order under section 6, or (b) decides not to make such an order. (8) For the purposes of— (a) section 18(2) of the Criminal Appeal Act 1968 (time limit for notice of appeal or of application for leave to appeal), and (b) paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of application for leave to refer a case under section 36 of that Act), the sentence must be regarded as imposed or made on the day on which it is varied under subsection (6).
Early resolution meeting¶
(7A) But the court may, if it believes it is appropriate to do so, decide any question arising under subsection (4) or (5) in accordance with an agreement reached by the prosecutor and defendant at an EROC meeting as mentioned in section 15B(3)(a).
15B Early resolution meeting
(1) This section applies where— (a) the Crown Court is proceeding under section 6, and (b) the court directs that an early resolution of confiscation meeting (an “EROC meeting”) is to be held. (2) Before the court proceeds as mentioned in subsection (4) of section 6 (making of order) the prosecutor and the defendant (or the defendant’s legal representative) must attend an EROC meeting. (3) An EROC meeting is a meeting held with a view to the prosecutor and defendant— (a) reaching agreement on the question whether a confiscation order is required to be made against the defendant and, if so, on the amount required to be paid by the defendant under the confiscation order, or (b) in a case where agreement as mentioned in paragraph (a) is not reached, identifying the questions to be decided by the court in proceeding under section 6 on which they disagree. (4) A direction under subsection (1)(b)— (a) may be given by the court on application by the prosecutor or of its own motion; (b) may require or permit the attendance at an EROC meeting of— (i) any person who it appears to the court holds, or may hold, an interest in key property; (ii) an accredited financial investigator; (iii) any other person that the court considers appropriate. (5) A direction under subsection (1)(b) may be varied or revoked by the court on application by the prosecutor or of its own motion. (6) Key property is property held by the defendant that the court believes will need to be realised or otherwise used to satisfy any confiscation order that may be made. 15C Early resolution hearing
(1) Following an EROC meeting, the court must hold an EROC hearing if— (a) the prosecutor and defendant did not reach agreement as mentioned in section 15B(3)(a), or (b) the prosecutor and defendant did reach agreement, but the court decided not to make a confiscation order under section 6 requiring the defendant to pay the amount agreed. (2) An “EROC hearing” is a hearing for the court to consider the next steps in the section 6 proceedings. (3) In this section “EROC meeting” has the meaning given by section 15B.
Part 7 — Reconsideration and provisional discharge¶
Order made: reconsideration¶
21A Order made: reconsideration of benefit on decrease in value and sale etc
(1) This section applies if— (a) a court has made a confiscation order, (b) there is relevant property, (c) an application to proceed under this section is made to the Crown Court by— (i) the prosecutor, (ii) a receiver appointed under section 50, or (iii) the designated officer for a magistrates’ court, and (d) the applicant believes that if the court were to make a new calculation of the defendant’s benefit and in doing so applied section 21(3) to (6), the amount found would not exceed the amount that would be found if the court were to make a new calculation of the defendant’s benefit under subsection (4). (2) For the purposes of this section, property is “relevant property” if the property was obtained by the defendant as a result of or in connection with the conduct concerned and— (a) it was held by the defendant when the relevant amount was calculated, but (b) it is no longer held by the defendant because it has been— (i) sold, or (ii) destroyed by virtue of a court order under section 51(2)(e) or section 67AA (orders for the destruction of cryptoassets). (3) In a case where this section applies, the court must determine whether A is less than B, where— A is the total of the values of all relevant property as decided in accordance with section 80(3A) or (3B) (as appropriate), and B is the total of the values at which that property was taken into account when the relevant amount was calculated, adjusted to take account of changes in the value of money since it was calculated. (4) If A is less than B, the court must make a new calculation of the defendant’s benefit by— (a) adjusting the relevant amount to take account of changes in the value of money since it was calculated, and (b) deducting from that adjusted amount the amount by which A is less than B. (5) Subsection (6) applies where— (a) the court makes a new calculation of the defendant’s benefit under subsection (4), and (b) the court determines that C is less than D, where— C is the amount that, if it was adjusted to take account of changes in the value of money since the amount required to be paid was last determined, would give the amount found under the new calculation of the defendant’s benefit, and D is the amount required to be paid under the order. (6) The court must vary the order by substituting C for the amount required to be paid. (7) The variation of the order under subsection (6) does not— (a) affect the defendant’s liability to pay any interest which was payable under section 12 for a period before the variation of the order but which had not been paid at the time of the variation, or (b) give rise to any obligation to refund any amount already paid by the defendant under the order. (8) The relevant amount is— (a) the amount found as the defendant’s benefit for the purposes of the confiscation order, or (b) if one or more new calculations of the defendant’s benefit have been made under section 21 or this section, the amount found on the occasion of the last such calculation.
;(11A) Section 11 applies in relation to a confiscation order when it is varied under this section as it applies in relation to a confiscation order when it is made (reading references to the making of the order as references to the varying of the order and references to the day on which the order is made as references to the day on which the order is varied). (11B) Where section 12 applies in relation to a confiscation order that has been varied under this section, the reference in section 12(3)(c) to the day on which the order was made is to be read as a reference to the day on which the order was varied.
(b) if one or more new calculations of the defendant’s benefit have been made under this section or section 21A, the amount found on the occasion of the last such calculation.
;(7A) Section 11 applies in relation to a confiscation order when it is varied under this section as it applies in relation to a confiscation order when it is made (reading references to the making of the order as references to the varying of the order and references to the day on which the order is made as references to the day on which the order is varied). (7B) Where section 12 applies in relation to a confiscation order that has been varied under this section, the reference in section 12(3)(c) to the day on which the order was made is to be read as a reference to the day on which the order was varied.
Provisional discharge of confiscation order¶
24A Provisional discharge of order
(1) This section applies if— (a) a court has made a confiscation order, 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 subsection (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 section 50. (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 under section 12; (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) The court may discharge a confiscation order on a provisional basis even though the court does not consider that doing so is best calculated to further the principal objective (see section 5A(4)). (6) Where an application under this section 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. (7) There is no right of appeal against a decision of the court under this section to discharge, or not to discharge, a confiscation order on a provisional basis. (8) In subsection (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 this Part, the day on which the order was varied. 24B Effect of provisional discharge and revocation of discharge
(1) This section applies where a confiscation order has been discharged under section 24A on a provisional basis. (2) The order is to be treated as satisfied subject to the rest of this section. (3) The provisional discharge of the order does not prevent the making of an application in respect of the order under section 21, 21A, 22 or 23. (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 subsection (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 section 50. (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 section 24A(4). (8) Where the court revokes the provisional discharge of a confiscation order under this section— (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 (see section 85(5)(a)), and (ii) any interest which was payable under section 12 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) Where the court revokes the provisional discharge of an order under subsection (5), section 11 applies in relation to any part of the amount ordered to be paid under the order that had not been paid when the order was provisionally discharged as it applies in relation to the full amount ordered to be paid under a confiscation order when it is made. (10) Where section 11 applies as mentioned in subsection (9), references in that section to the making of the order are to be read as references to the revocation of the provisional discharge of the order and references to the day on which the order is made as references to the day on which the provisional discharge of the order is revoked. (11) Where section 12 applies in relation to a confiscation order following the revocation of a provisional discharge of the order under subsection (5), the reference in section 12(3)(c) to the day on which the order was made is to be read as a reference to the day on which the provisional discharge of the order was revoked. (12) There is no right of appeal against a decision of the court under this section to revoke, or not to revoke, the provisional discharge of a confiscation order. 24C Financial status orders
(1) This section 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 section 24A or 24B, or (c) the court has discharged a confiscation order on a provisional basis and an application has been made under section 21, 21A, 22 or 23. (2) The 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 section 24A or 24B.
Part 8 — Enforcement¶
Enforcement plans¶
Measures to promote effectiveness of confiscation orders
13ZA Enforcement plans
(1) This section applies where a court makes a confiscation order. (2) On making the confiscation order, the court must also prepare an enforcement plan for the order if— (a) there are reasonable grounds to believe that the defendant might default on the confiscation order for any reason, or (b) the court otherwise believes it is appropriate to do so for the purpose of ensuring that the confiscation order is effective. (3) An enforcement plan for a confiscation order is a document setting out drafts of one or more orders that the court considers the enforcing court could make in the event that the defendant defaults on the confiscation order.
(For the meaning of “the enforcing court” see section 35D.)
(4) For the purposes of this section and section 13ZB— (a) the defendant defaults on a confiscation order if the defendant fails to pay the amount required to be paid under the order on or before the due date; (b) the “due date”, in relation to a confiscation order, means— (i) in a case where no period is specified under section 11(2), the day on which the confiscation order is made, or (ii) in a case where one or more periods is so specified, the final day of the specified period that ends last (including any such period as extended under section 11(4)). (5) Where the court making the confiscation order is the Court of Appeal (see section 67E(5)(b)(i) (appeals)), on making the order the Court of Appeal may direct that the Crown Court is to carry out the duties under this section as if the Crown Court had made the order. 13ZB Enforcement plan: initial enforcement hearing
(1) This section applies where an enforcement plan is prepared for a confiscation order. (2) The enforcing court must set a date for a hearing to take place in the event that the defendant defaults on the confiscation order, and that date must be the first date then available to the court after the due date.
(See section 35D for the meaning of “the enforcing court” and section 35F for provision about this hearing.)
(3) If an order is made under section 11(4) as a result of which the due date in relation to the confiscation order changes, the enforcing court must reset the date for the hearing to the first date then available to the enforcing court after the new due date. (4) If the enforcing court is a magistrates’ court, the duties under this section are to be carried out by the magistrates’ court mentioned in section 35J(2).
The default term and the powers of the enforcing court¶
35A Default term of imprisonment or detention
(1) This section applies if a court makes a confiscation order. (2) The court must also make an order fixing a term (the “default term”)— (a) of imprisonment, or (b) of detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000, which the defendant is to undergo if any of the amount required to be paid under the confiscation order is not duly paid.(3) Where a court is fixing the default term in respect of an amount required to be paid under a confiscation order, the maximum terms are those specified in the second column of the Table for amounts described in the corresponding entry in the first column.
Amount
Maximum term
£10,000 or less
6 months
More than £10,000 but no more than £500,000
5 years
More than £500,000 but no more than £1 million
7 years
More than £1 million
14 years
(4) The defendant may not be committed to prison, or detained, by virtue of an order under subsection (2) on the same occasion as the confiscation order is made unless— (a) the court is satisfied that the defendant is able to pay the amount on that occasion, (b) the court is satisfied that the defendant is unlikely to remain long enough at a place of abode in the United Kingdom to enable payment of the amount to be enforced by other methods, (c) on that occasion the court sentences the defendant to immediate imprisonment, custody for life or detention in a young offender institution for an offence, or (d) the defendant is already serving a sentence of custody for life or a term— (i) of imprisonment, (ii) of detention in a young offender institution, or (iii) of detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention in default). (5) The Secretary of State may by order amend the Table in subsection (3) so as to remove, alter or replace any entry or to add any entry. 35B Effect of part payment on the default term
(1) This section applies where, after a default term has been fixed under section 35A(2) in respect of an amount required to be paid under a confiscation order, the defendant pays part of that amount in accordance with rules of court. (2) The default term is reduced by the number of days found using the following formula—
A B × Cwhere—
A is the amount of the part payment; B is the amount that was required to be paid under the order at the time that the default term was fixed; C is the number of days in the default term that was fixed under section 35A(2) less one day. (3) In calculating the reduction required under subsection (2) any fraction of a day is to be left out of account. 35C Release from custody on full payment
(1) Subsection (2) applies where— (a) a default term has been fixed under section 35A(2) in respect of an amount required to be paid under a confiscation order, and (b) the defendant pays that amount. (2) Where this subsection applies— (a) any warrant of commitment issued for the purpose of recovering the amount ceases to have effect, and (b) if the defendant has been committed to custody, the defendant is to be released unless the defendant is in custody for some other cause. 35D The enforcing court
(1) This section applies if a court makes a confiscation order. (2) On making the confiscation order, the court must make an order specifying whether the Crown Court or a magistrates’ court is the enforcing court in relation to the confiscation order. (3) Where— (a) an order has been made under subsection (2) specifying that a magistrates’ court is the enforcing court in relation to a confiscation order, and (b) a period has been specified under section 11(2) (specified period for payment) in relation to the confiscation order, a magistrates’ court may, at any time on or before the final day of the specified period, order that the Crown Court is instead the enforcing court in relation to the confiscation order.(4) The reference in subsection (3) to the period specified under section 11(2)— (a) includes any such period as extended under section 11(4), and (b) where more than one such period has been specified, is a reference to the period that ends last. (5) Where an order has been made under subsection (2) or (3) specifying that the Crown Court is the enforcing court in relation to a confiscation order, the Crown Court may, at any time, order that a magistrates’ court is instead the enforcing court in relation to the confiscation order. (6) A court may make an order under subsection (3) or (5) only if it considers it appropriate to do so for the purpose of securing the efficient and effective enforcement of a confiscation order. (7) An order under subsection (3) or (5) may include an order transferring enforcement proceedings to the Crown Court or, as the case may be, to the magistrates’ court specified in the order. (8) The defendant has no right of appeal against an order under this section. (9) If— (a) a collection order has been made under Schedule 5 to the Courts Act 2003 in respect of the sum required to be paid under a confiscation order, and (b) after the making of the collection order, an order is made under subsection (3) in relation to the confiscation order, the collection order ceases to have effect.(10) In this section enforcement proceedings means any proceedings in connection with the enforcement of a confiscation order. (11) For the purposes of this Part (other than this section), “the enforcing court”, in relation to a confiscation order, means— (a) the Crown Court in a case where— (i) an order has been made under subsection (2) or (3) specifying that the Crown Court is the enforcing court in relation to the confiscation order, and (ii) no order has subsequently been made under subsection (5); (b) a magistrates’ court in any other case. 35E Power for new enforcing court to vary enforcement action taken by former enforcing court
(1) Subsection (2) applies if at any time- (a) a magistrates’ court or the Crown Court becomes the enforcing court (“the new enforcing court”) in relation to a confiscation order as a result of an order made under section 35D(3) or (5), (b) before that time the Crown Court or, as the case may be, a magistrates’ court took enforcement action under an enforcement power, and (c) that action could have been taken by the new enforcing court under a corresponding enforcement power had the new enforcing court been the enforcing court in relation to the order at the time that the enforcement action was taken. (2) The new enforcing court may exercise one or more of its enforcement powers to vary or revoke the enforcement action in the same way that it could have exercised such a power had the enforcement action been taken by that court. (3) In this section— (a) references to taking enforcement action mean making an order, issuing a direction, warrant or summons, imposing conditions or taking any other action under an enforcement power; (b) “enforcement power” means any power which may be exercised by a court in connection with the enforcement of a confiscation order. 35F Confiscation order with enforcement plan: initial enforcement hearing
(1) This section applies where— (a) a court has prepared an enforcement plan for a confiscation order (see section 13ZA), and (b) the defendant defaults on the confiscation order (within the meaning given by section 13ZA(4)). (2) If the condition in subsection (4) is met the enforcing court must, at the initial enforcement hearing, make an order or orders in the terms that were set out in draft in the enforcement plan (the “initial enforcement orders”). (3) If that condition is not met the enforcing court must, at that hearing, consider what other steps to take for the purposes of enforcing the confiscation order. (4) The condition is that the enforcing court believes that— (a) the proceeds of the realisation of property pursuant to the initial enforcement orders would be less than or equal to the amount remaining to be paid under the confiscation order, and (b) the interests of justice do not require any initial enforcement order not to be made. (5) In this section “the initial enforcement hearing” means the hearing held pursuant to section 13ZB. 35G Power to compel defendant to attend court for enforcement purposes
(1) This section applies if a court has made a confiscation order. (2) The enforcing court may, for any purpose in connection with the enforcement of the order— (a) issue a summons requiring the defendant to appear before the court at the time and place appointed in the summons, or (b) issue a warrant to arrest the defendant and bring them before the court. (3) On the failure of the defendant to appear before the court in answer to a summons issued under subsection (2)(a), the enforcing court may issue a warrant to arrest them and bring them before the court. (4) A warrant issued under this section may be executed in the same manner, and the same proceedings may be taken with a view to its execution, in any part of the United Kingdom, as if it had been issued under section 13 of the Magistrates’ Courts Act 1980. 35H Financial status orders
(1) This section applies if a court has made a confiscation order. (2) The enforcing 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 enforcement of the confiscation order.35I Confiscation assistance advisers
(1) This section applies if a court has made a confiscation order. (2) The enforcing court may appoint any person the court thinks appropriate to advise and assist the defendant in satisfying the confiscation order. (3) But a person may only be appointed under subsection (2) with the person’s consent.
Enforcement by magistrates’ courts
35J Enforcement as a fine by magistrates’ court
(1) This section applies if— (a) a court has made a confiscation order, and (b) a magistrates’ court is for the time being the enforcing court (see section 35D). (2) The amount required to be paid under the confiscation order is to be treated for the purposes of collection of any unpaid amount and enforcement of the order as a fine imposed on the defendant— (a) by a magistrates’ court specified in an order made by the Crown Court, or (b) if no such order is made, by the magistrates’ court by which the defendant was sent to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998, and as having been so imposed on conviction by the magistrates’ court in question.(3) Subsection (4) applies where a magistrates’ court issues a warrant of commitment in default of payment of an amount required to be paid by a confiscation order. (4) The term of imprisonment, or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000, specified in the warrant of commitment as the term which the defendant is liable to serve is to be— (a) the default term fixed under section 35A(2), or (b) if that term has been reduced under section 35B(2) (part payment), that term as so reduced. (5) In the application of Part 3 of the Magistrates’ Courts Act 1980 to an amount payable under a confiscation order— (a) ignore section 75 of that Act (power to dispense with immediate payment); (b) ignore section 76(3) of that Act (maximum term of commitment); (c) section 77(2) of that Act is to be read as if the words from “fix a term” to “for default) and” were omitted; (d) ignore section 79 (release from custody and reduction of detention on payment); (e) such an amount is not— (i) a sum adjudged to be paid by a conviction for the purposes of section 81 of that Act (enforcement of fines imposed on young offenders), or (ii) a fine for the purposes of section 85 of that Act (remission of fines); (f) in section 87 of that Act, ignore— (i) subsection (3) (inquiry into means), and (ii) subsection (3A) (requirement for fines officer to conduct means inquiry before enforcement proceedings). (6) Subsection (7) applies where, by virtue of section 118, a transfer of fine order under section 222 of the Criminal Procedure (Scotland) Act 1995 provides for the enforcement by a magistrates’ court in England and Wales of an amount ordered to be paid under a confiscation order. (7) Section 91(3) of the Magistrates’ Courts Act 1980 is to be read as if for “fine fell to be enforced by virtue of section 132(1) of the Sentencing Code” there were substituted “confiscation order fell to be enforced by virtue of section 35J of the Proceeds of Crime Act 2002”. (8) In this section, “unpaid amount”, in relation to a confiscation order, means an amount required to be paid by the defendant under the order that has not been paid when it is required to have been paid. Enforcement by Crown Court: powers corresponding to those of magistrates’ courts
35K Enforcement by Crown Court: general
(1) This section and sections 35L to 35R apply if— (a) a court has made a confiscation order, and (b) the Crown Court is for the time being the enforcing court in relation to the order (see section 35D). (2) The amount required to be paid under the confiscation order is to be treated for the purposes of any enactment as if it were a sum adjudged to be paid by a conviction of the Crown Court. (3) Payments under the confiscation order are to be made, except where provided otherwise by an enactment or court order, to the designated officer for the collecting magistrates’ court. (4) For the purposes of this Part, “the collecting magistrates’ court”, in relation to a confiscation order, means— (a) the magistrates’ court specified as the collecting magistrates’ court in the order made under section 35D(2) or (as the case may be) (3) in relation to the confiscation order, or (b) if no such specification is made, the magistrates’ court by which the defendant was sent to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1988. (5) In sections 35L to 35R, unpaid amount, in relation to a confiscation order, means an amount required to be paid by the defendant under the order that has not been paid when it is required to have been paid. 35L Warrants of control
(1) The Crown Court may issue a warrant of control for the purpose of recovering any unpaid amount in relation to the confiscation order. (2) The court may, if it thinks it expedient to do so, postpone the issue of the warrant until such time and on such conditions, if any, as the court thinks just. 35M Warrants of commitment
(1) The Crown Court may issue a warrant of commitment if the defendant defaults on the confiscation order (within the meaning given by section 13ZA(4)). (2) But a warrant of commitment may be issued only— (a) where it appears on the return to a warrant of control issued for the purpose of recovering the unpaid amount, that the money and goods of the defendant are insufficient to pay the amount outstanding, or (b) instead of a warrant of control. (3) The term of imprisonment, or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000, specified in the warrant of commitment as the term which the defendant is liable to serve is to be— (a) the default term fixed under section 35A(2), or (b) if that term has been reduced under section 35B(2), that term as so reduced. (4) In subsection (2)(a) “amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007. 35N Postponement of issue of warrant of commitment
(1) This section applies where the Crown Court has the power to issue a warrant of commitment under section 35M. (2) The court may, if it thinks it expedient to do so, postpone the issue of the warrant until such time and on such conditions, if any, as the court thinks just. (3) The court may at any time (and whether or not an application has been made under subsection (5)) do either or both of the following— (a) direct that the issue of the warrant is postponed until a time different from that to which it was previously postponed; (b) vary any of the conditions on which its issue is postponed, but only if it thinks it just to do so having regard to a change of circumstances since the relevant time.(4) In this section “the relevant time” means— (a) where neither of the powers conferred by subsection (3) has been exercised previously, the date when the issue of the warrant was postponed under subsection (2), and (b) in any other case, the date of the exercise or latest exercise of either or both of the powers. (5) Subsections (6) to (8) apply if, on an application by the defendant, it appears to the Crown Court that since the relevant time there has been a change of circumstances which would make it just for the court to exercise one or other or both of the powers conferred by subsection (3). (6) The court must— (a) fix a time and place for the application to be heard, and (b) give notice of that time and place to the defendant. (7) Where notice under subsection (6)(b) has been given but the defendant does not appear at the time and place specified in the notice, the court may consider the application in the defendant’s absence. (8) If a warrant of commitment has been issued before the hearing of the application, the court may, if it is satisfied that the change of circumstances on which the defendant relies was not put before the court when it was determining whether to issue the warrant— (a) order that the warrant is to cease to have effect, and (b) if the defendant has been arrested under it, order that the defendant is to be released. 35O Restriction on power to issue warrant of commitment
(1) This section applies in relation to the issue of a warrant of commitment under section 35M otherwise than on the occasion of the making of the confiscation order. (2) The court may not issue the warrant unless— (a) the defendant appears to the court to have sufficient means to pay the unpaid amount immediately, or (b) the court— (i) is satisfied that the default is due to the defendant’s wilful refusal or culpable neglect, and (ii) has considered or tried the methods of enforcing payment listed in subsection (3) and it appears to the court that they are inappropriate or were unsuccessful. (3) The methods of enforcing payment mentioned in subsection (2)(b)(ii) are— (a) a warrant of control under section 35L; (b) an application to the High Court or county court for enforcement under section 35Q; (c) an attachment of earnings order. (4) The warrant must specify which of the conditions in subsection (2) is satisfied. (5) The court may not issue the warrant except at a hearing at which the defendant is present unless the court has served a notice on the defendant— (a) stating— (i) that the court intends to hold a hearing to consider whether to issue the warrant; (ii) the time and place appointed for the hearing, (b) giving the reason why the court intends to hold the hearing, and (c) informing the defendant that, if the defendant considers that there are grounds why the warrant should not be issued, the defendant may make representations to the court in person or in writing. (6) The court may exercise its powers in relation to the issue of the warrant whether or not the defendant makes representations. (7) Subject to subsection (8), the time stated in the notice under subsection (5)(a)(ii) must not be earlier than the last day of the period of 21 days beginning with the day after the day on which the notice was issued. (8) Where the notice under subsection (5) is issued at the same hearing as that at which the court exercises its power to postpone the issue of the warrant, the time stated in the notice may be a time on any day after the end of the period for which the issue of the warrant is postponed. (9) A notice under subsection (5) which is sent by registered post, or by recorded delivery, addressed to the defendant at the defendant’s last known address is deemed to have been served on the defendant, even if the notice is returned as undelivered or is for any other reason not received by the defendant. 35P Execution of warrant issued by Crown Court under section 35L or 35M
(1) Section 125(2) of the Magistrates’ Courts Act 1980 (execution anywhere in England and Wales) applies in relation to a warrant of control or warrant of commitment issued by the Crown Court under section 35L or 35M as it applies in relation to a warrant of control or warrant of commitment issued by a justice of the peace. (2) Section 125ZA of the Magistrates’ Courts Act 1980 (endorsement of warrant of control) applies in relation to a warrant of control issued by the Crown Court under section 35L as it applies in relation to a warrant of control issued by a justice of the peace. (3) Section 125A(1) of the Magistrates’ Courts Act 1980 (enforcement by civilian enforcement officers) applies to a warrant of control or warrant of commitment issued by the Crown Court under section 35L or 35M. (4) Accordingly, the following sections of the Magistrates’ Courts Act 1980 also apply in relation to a warrant of control or warrant of commitment issued by the Crown Court under section 35L or 35M— (a) section 125B (execution by approved enforcement agency), (b) section 125C (disclosure of information), and (c) section 125D(1) and (4) (execution by person not in possession of warrant). (5) In the application of section 125C of the Magistrates’ Courts Act 1980 to a warrant issued by the Crown Court under section 35L or 35M, the references to the designated officer for a magistrates’ court are to be read as references to the court. (6) Section 125CA of the Magistrates’ Courts Act 1980 (power to make disclosure order) applies in relation to a warrant of control or warrant of commitment issued by the Crown Court under section 35L or 35M as it applies in relation to a warrant of control or warrant of commitment issued by a justice of the peace but— (a) reading the reference in subsection (1) to a magistrates’ court as a reference to the Crown Court, and (b) reading the reference in subsection (2) to the designated officer for the court as a reference to the court. (7) Section 13 of the Indictable Offences Act 1848 (which relates, among other things, to the execution in Scotland, Northern Ireland, the Isle of Man and the Channel Islands of certain warrants of arrest) applies to a warrant of commitment issued under section 35M as it applies to a warrant issued in England and Wales by the Crown Court for an indictable offence. 35Q Enforcement by High Court or county court
(1) Payment of the amount required to be paid under the confiscation order may be enforced by the High Court or the county court (otherwise than by issue of a writ of control or other process against goods or by imprisonment or attachment of earnings) as if the amount were due to the appropriate designated officer in pursuance of a judgment or order of the High Court or, as the case may be, the county court. (2) “Appropriate designated officer” means the designated officer for the collecting magistrates’ court (see section 35K(4)). 35R Transfer to Scotland or Northern Ireland
(1) Where it appears to the Crown Court that the defendant is residing— (a) within the jurisdiction of a court of summary jurisdiction in Scotland, or (b) in Northern Ireland, the court may order that payment of the unpaid amount is enforceable by that court of summary jurisdiction in Scotland or, as the case may be, by a court of summary jurisdiction in Northern Ireland.(2) An order under this section must specify the court of summary jurisdiction by which payment of the unpaid amount is to be enforceable. (3) If the unpaid amount is more than £100 and payment is to be enforceable in Scotland, the court specified in the order must be the sheriff court. (4) Where an order is made under this section with respect to an unpaid amount, functions under sections 35L to 35Q relating to that amount which, if no such order had been made, would have been exercisable by the Crown Court cease to be so exercisable.
Provision about imprisonment or detention
(a) in a case where the enforcing court is for the time being a magistrates’ court, the designated officer for the court; (b) in a case where the enforcing court is for the time being the Crown Court, the designated officer for the collecting magistrates’ court (see section 35K(4)).
Extension to Crown Court of powers in relation to money, cryptoassets and personal property¶
;(5ZA) The money must be paid— (a) in a case where the enforcing court is for the time being a magistrates’ court, to the designated officer for the court; (b) in a case where the enforcing court is for the time being the Crown Court, to the designated officer for the collecting magistrates’ court (see section 35K(4)).
;(3A) The proceeds of the realisation must be paid— (a) in a case where the enforcing court is for the time being a magistrates’ court, to the designated officer for the court; (b) in a case where the enforcing court is for the time being the Crown Court, to the designated officer for the collecting magistrates’ court (see section 35K(4)).
(a) in a case where the enforcing court is for the time being a magistrates’ court, the designated officer for the court; (b) in a case where the enforcing court is for the time being the Crown Court, the designated officer for the collecting magistrates’ court (see section 35K(4)).
Extension to Crown Court of powers under Schedule 5 to Courts Act 2003 to make attachment of earnings orders and applications for benefit deductions¶
(1A) Parts 1, 3, 3A and 10 also apply if a person aged 18 or over is liable to pay a sum required to be paid under a confiscation order and the Crown Court is for the time being the enforcing court in relation to the order (within the meaning given by section 35D of the Proceeds of Crime Act 2002).
;(a) in a case where this Schedule applies as mentioned in sub-paragraph (1) of paragraph 1, the sum adjudged to be paid as mentioned in that sub-paragraph; (b) in a case where this Schedule applies as mentioned in sub-paragraph (1A) of paragraph 1, the sum required to be paid as mentioned in that sub-paragraph; (c) in a case where this Schedule applies as mentioned in paragraph (2) of paragraph 1, the sum payable under a notice of conviction and penalty.
.(1A) In this Schedule “P” means— (a) in a case where this Schedule applies as mentioned in sub-paragraph (1) of paragraph 1, the person mentioned in that sub-paragraph; (b) in a case where this Schedule applies as mentioned in sub-paragraph (1A) of paragraph 1, the person mentioned in that sub-paragraph.
.(da) he is in default in payment of a sum (or, where this Schedule applies as mentioned in sub-paragraph 1(1A), another sum) falling within paragraph 1(1A),
;(b) the enforcing court.
(2A) In sub-paragraph (2)(b), the “enforcing court” means— (a) in a case where the sum due is required to be paid under a confiscation order, the court that is the enforcing court in relation to the order (within the meaning given by section 35D of the Proceeds of Crime Act 2002); (b) in any other case, the magistrates’ court responsible for enforcing payment of the sum due.
(a) the court which is imposing the liability to pay the sum due, or (b) the magistrates’ court responsible for enforcing payment of the sum due.
Application of Attachment of Earnings Act 1971 to attachment of earnings orders made by the Crown Court¶
.(aza) in the case of an order made by the Crown Court under Schedule 5 to the Courts Act 2003 in relation to a sum required to be paid under a confiscation order, the designated officer for the collecting magistrates’ court in relation to the confiscation order (within the meaning given by section 35K(4) of the Proceeds of Crime Act 2002);
(2A) If the lapsed order was made by the Crown Court under Schedule 5 to the Courts Act 2003, the proper authority is the Crown Court, a magistrates’ court or the designated officer for a magistrates’ court.
(1A) The powers of the Crown Court under Schedule 5 to the Courts Act 2003 include power to make an attachment of earnings order to secure the discharge of any number of such liabilities as are specified in paragraph 1(1A) of that Schedule.
Collection orders in respect of confiscation orders¶
.a sum required to be paid by a confiscation order means any sum required to be paid under an order made under section 6 of the Proceeds of Crime Act 2002;
Taking control of goods to recover a sum due under a confiscation order¶
.(ba) in relation to an enforcement power under a warrant of control issued for the recovery of a sum required to be paid under an order under section 6 of the Proceeds of Crime Act 2002 (confiscation orders), the court that is the enforcing court in relation to the order (within the meaning given by section 35D of that Act);
18ZA This paragraph applies if these conditions are met— (a) the enforcement agent has power to enter the premises under paragraph 14 or 16 under a warrant under paragraph 15; (b) the enforcement agent is acting under an enforcement power conferred by a warrant of control issued under section 35L of the Proceeds of Crime Act 2002 (powers of Crown Court to issue warrant of control to enforce confiscation order); (c) the enforcement agent is entitled to execute the warrant by virtue of section 125A (execution by civilian enforcement officer) or 125B (execution by approved enforcement agency) of the Magistrates’ Courts Act 1980 as applied by section 35P of the Proceeds of Crime Act 2002.
(e) none of paragraphs 18, 18ZA or 19 applies.
Part 9 — Restraint orders¶
Conditions for making of restraint order: risk of dissipation¶
(1) Section 41 (power to make a restraint order) applies if— (a) any of the first to fifth conditions is satisfied (see subsections (2) to (6)), and (b) there is a real risk that relevant realisable property held by any person will be dissipated unless the Crown Court exercises the powers conferred by section 41 in relation to that property. (1A) For the purposes of this section— (a) “relevant realisable property” is realisable property that could be used for the purpose of satisfying any confiscation order that has been or may be made against the defendant; (b) a reference to relevant realisable property being “dissipated” is to it ceasing to be available for that purpose. (1B) In determining for the purposes of subsection (1)(b) whether there is a real risk of relevant realisable property being dissipated, the court must, in particular, have regard to the following— (a) the nature of the relevant realisable property; (b) the extent to which any person has taken steps with a view to relevant realisable property being dissipated; (c) any circumstances of a person who holds the relevant realisable property that may affect the ease with which they would be able to secure the dissipation of the property; (d) any evidence of such a person’s character; (e) the nature of the defendant’s criminal conduct; (f) the amount by which the defendant is suspected or believed to have benefited from their criminal conduct; (g) the stage of the proceedings for an offence against the defendant.
Exception to restraint orders for reasonable legal expenses¶
;(c) be made subject to conditions.
41ZA Exception for legal expenses in respect of offence with which confiscation proceedings concerned
(1) Where the court makes an exception to a restraint order under section 41(3) to which this section applies, it must ensure that the exception— (a) is limited to legal expenses that the specified person has reasonably incurred or that the person reasonably incurs, (b) specifies the total amount that may be released for legal expenses in pursuance of the exception, and (c) is made subject to the required conditions (in addition to any conditions imposed under section 41(3)(c)). (2) The Lord Chancellor may by regulations specify the required conditions for the purposes of subsection (1). (3) A required condition may, in particular— (a) restrict who may receive sums released in pursuance of the exception (by, for example, requiring released sums to be paid to professional legal advisers), or (b) be made for the purpose of controlling the amount of any sum released in pursuance of the exception in respect of an item of expenditure. (4) A required condition made for the purpose mentioned in subsection (3)(b) may, for example, provide for a sum to be released in respect of an item of expenditure only if— (a) the court has assessed the amount allowed by the regulations in respect of that item, and (b) the sum is released for payment of the assessed amount. (5) For the purposes of subsection (4), the regulations may, in particular, make provision— (a) limiting the amount of remuneration allowable to representatives for a unit of time worked; (b) limiting the total amount of remuneration allowable to representatives for work done in connection with proceedings or a step in proceedings; (c) limiting the amount allowable in respect of an item of expenditure incurred by a representative or incurred, otherwise than in respect of the remuneration of a representative, by a party to proceedings. (6) Before making regulations under this section, the Lord Chancellor must consult such persons as the Lord Chancellor considers appropriate.
Exception to restraint order for reasonable living expenses¶
;(3A) In making an exception to a restraint order that makes provision for reasonable living expenses the court must, in particular, have regard to the following— (a) the period for which the restraint order is to have effect; (b) the specified person’s applicable standard of living (see subsection (11)); (c) the specified person’s means; (d) the value of relevant realisable property held by the specified person in relation to the amount that the defendant is, or is likely to be, required to pay under a confiscation order; (e) the extent to which expenditure by the specified person is necessary or desirable for the purpose of improving or maintaining the value of relevant realisable property held by them.
(11) In this section— applicable standard of living, in relation to a specified person, means— (a) the person’s standard of living immediately before the making of the restraint order, or (b) in a case where there is reasonable cause to believe that the person enjoys a higher standard of living as a result of criminal activity, the standard of living that the person would enjoy but for that activity; relevant realisable property has the same meaning as in section 40.
Discharge of restraint order etc: proceedings not started within reasonable time¶
(7CA) In determining for the purposes of subsection (7B)(b) whether proceedings for the offence have not started within a reasonable time, the court must, in particular, have regard to the following— (a) the length of time that has passed since the making of the restraint order; (b) the reasons given by the prosecutor for proceedings not having started within that time; (c) the length and complexity of the criminal investigation, both before and after the making of the restraint order; (d) the extent to which the matters subject to that investigation include matters arising abroad; (e) the length and complexity of the potential proceedings; (f) the nature of the restraint order (for example, the extent of the property to which it relates); (g) the impact of the restraint order on any person affected by the order.
(7A) In determining for the purposes of subsection (7)(a) whether proceedings for the offence have not started within a reasonable time, the court must, in particular, have regard to the following— (a) the length of time that has passed since the making of the restraint order; (b) the reasons given by the prosecutor for proceedings not having started within that time; (c) the length and complexity of the criminal investigation, both before and after the making of the restraint order; (d) the extent to which the matters subject to that investigation include matters arising abroad; (e) the length and complexity of the potential proceedings; (f) the nature of the restraint order (for example, the extent of the property to which it relates); (g) the impact of the restraint order on any person affected by the order.
Restraint orders: effect of conviction¶
42A Restraint orders: effect of conviction
(1) In making or varying a restraint order at any time after the defendant’s conviction for an offence, the Crown Court must have regard, in particular, to— (a) the fact of the defendant’s conviction, and (b) whether any of the following has been, or is likely to be, made against the defendant— (i) a compensation order under Chapter 2 of Part 7 of the Sentencing Code; (ii) an order requiring payment of a surcharge under section 42 of that Code; (iii) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013; (iv) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015. (2) Subsections (3) and (4) apply where— (a) the Crown Court makes a restraint order at a time when the defendant has not been convicted of an offence, and (b) the defendant is subsequently convicted of an offence at a time when the order remains in force. (3) If the restraint order is subject to an exception made under section 41(3), the Crown Court must review the appropriateness of the exception having regard, in particular, to the matters mentioned in subsection (1). (4) Following that review the court may vary the restraint order, whether or not an application has been made under section 42(3).
Part 10 — Management receivers¶
Appointment of management receiver¶
;(1A) Subsection (2) also applies if— (a) a magistrates’ court has made a further detention order, and (b) an application is made to the Crown Court to proceed under subsection (2) by— (i) the prosecutor, or (ii) an accredited financial investigator.
(3) For the purposes of this section and section 49, a “further detention order” is an order made in relation to property under section 47M (further detention of property detained under section 47J).
Part 11 — Appeals¶
Appeal rights in relation to confiscation proceedings¶
Appeals
67E Appeals in relation to confiscation orders
(1) If the Crown Court makes a confiscation order, the prosecutor may appeal to the Court of Appeal in respect of the order. (2) If the Crown Court decides not to make a confiscation order, the prosecutor may appeal to the Court of Appeal against the decision. (3) For the defendant’s right of appeal— (a) where the Crown Court makes a confiscation order, and (b) in respect of an order fixing the default term, see section 50(1) of the Criminal Appeal Act 1968 (the effect of which is that, for the purposes of the appeal rights conferred by that Act, both such orders form part of the defendant’s sentence).(4) On an appeal under subsection (1) the Court of Appeal— (a) may confirm, vary or quash the confiscation order, and (b) if it quashes the order, may direct the Crown Court to proceed afresh under section 6. (5) On an appeal under subsection (2) the Court of Appeal— (a) may confirm the decision, or (b) if it believes that the decision was wrong, may— (i) itself proceed under section 6 (ignoring subsections (1) to (3)), or (ii) direct the Crown Court to proceed afresh under that section. (6) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of the defendant or the prosecutor. (7) On an appeal from a decision of the Court of Appeal to confirm, vary or make a confiscation order the Supreme Court may confirm, vary or quash the order. (8) On an appeal from a decision of the Court of Appeal to confirm the decision of the Crown Court not to make a confiscation order, or from a decision of the Court of Appeal to quash a confiscation order, the Supreme Court may— (a) confirm the decision, or (b) direct the Crown Court to proceed afresh under section 6 if it believes the decision was wrong. (9) In proceeding afresh under section 6 pursuant to this section, the Crown Court must comply with any directions the Court of Appeal or (as the case may be) the Supreme Court may make. 67F Appeals under section 67E: supplementary
(1) This section applies if a court makes or varies a confiscation order pursuant to section 67E. (2) The court must— (a) have regard to any fine imposed on the defendant in respect of the offence (or any of the offences) concerned; (b) have regard to any order which falls within section 13(3) and has been made against the defendant in respect of the offence (or any of the offences) concerned, unless the order has already been taken into account by a court in deciding what is the free property held by the defendant for the purposes of section 9. (3) Subsections (4) to (9) apply if a court makes a confiscation order pursuant to section 67E. (4) If a court has already sentenced the defendant for the offence (or any of the offences) concerned, section 6 has effect as if the defendant’s particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding the defendant’s sentence for the offence or offences concerned. (5) If an order falling with subsection (6) has been made against the defendant in respect of the offence (or any of the offences) concerned the court must have regard to the order. (6) These orders fall within this subsection— (a) a compensation order under Chapter 2 of Part 7 of the Sentencing Code; (b) an order requiring payment of a surcharge under section 42 of the Sentencing Code; (c) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013; (d) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015. (7) Section 8(2) does not apply, and the rules applying instead are that the court must— (a) take account of conduct occurring before the relevant date; (b) take account of property obtained before that date; (c) take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date. (8) In section 10— (a) the first and second assumptions do not apply with regard to property first held by the defendant on or after the relevant date; (b) the third assumption does not apply with regard to expenditure incurred by the defendant on or after that date; (c) the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by the defendant on or after that date. (9) Section 26 applies as it applies in the circumstances mentioned in subsection (1) of that section. (10) For the purposes of this section, “the relevant date” is— (a) in a case where the Crown Court made a confiscation order which was quashed by the Court of Appeal, the date on which the Crown Court made the order; (b) in any other case, the date on which the Crown Court decided not to make a confiscation order. 67G Appeals in relation to section 10A determinations
(1) If a court makes a determination under section 10A of the extent of the defendant’s interest in property, the following may appeal to the Court of Appeal in respect of the determination— (a) the prosecutor; (b) the defendant, if subsection (2) applies; (c) a person who the Court of Appeal believes is or may be a person holding an interest in the property, if subsection (2) applies. (2) This subsection applies if— (a) the defendant or (as the case may be) the person within subsection (1)(c) was not given a reasonable opportunity to make representations when the determination was made, or (b) it appears to the Court of Appeal to be arguable that giving effect to the determination would result in a serious risk of injustice to the defendant or that other person. (3) But there is no right of appeal for the defendant or a person within subsection (1)(c) if— (a) the Court of Appeal believes that an application under section 50 is to be made by the prosecutor for the appointment of a receiver, (b) such an application has been made but not yet determined, or (c) a receiver has been appointed under section 50. (4) On an appeal under this section the Court of Appeal may— (a) confirm the determination, or (b) make such order as it believes is appropriate. (5) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings on the appeal. (6) On an appeal under subsection (5) the Supreme Court may— (a) confirm the decision of the Court of Appeal, or (b) make such order as it believes is appropriate. 67H Appeals in relation to compliance orders
(1) If, on an application under section 13A(3)(b), the Crown Court decides not to make a compliance order, the prosecutor may appeal to the Court of Appeal against the decision. (2) If the Crown Court decides to make, discharge or vary a compliance order, the following persons may appeal to the Court of Appeal in respect of the decision— (a) the prosecutor; (b) the defendant; (c) any other person affected by the order. (3) On an appeal under subsection (1) or (2) the Court of Appeal may— (a) confirm the decision, or (b) make such order as it believes is appropriate. (4) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings on the appeal. (5) On an appeal under subsection (4) the Supreme Court may— (a) confirm the decision of the Court of Appeal, or (b) make such order as it believes is appropriate. (6) In this section “compliance order” means an order made under section 13A. 67I Appeals in relation to variations of confiscation order
(1) If the Crown Court makes an order under section 21, 22 or 23 varying a confiscation order, the prosecutor may appeal to the Court of Appeal in respect of the order. (2) For the defendant’s right of appeal where the Crown Court makes an order under section 21 or 22, see section 50(1)(cb) of the Criminal Appeal Act 1968 (the effect of which is that, for the purposes of the appeal rights conferred by that Act, any such order forms part of the defendant’s sentence). (3) On an appeal under subsection (1) the Court of Appeal— (a) may confirm, vary or quash the order concerned, and (b) if it quashes the order, may direct the Crown Court to proceed afresh under section 21, 22 or 23. (4) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of the defendant or the prosecutor. (5) On an appeal from a decision of the Court of Appeal to confirm or vary the order concerned the Supreme Court may confirm, vary or quash the order. (6) On an appeal from a decision of the Court of Appeal to quash the order concerned the Supreme Court may— (a) confirm the decision of the Court of Appeal, or (b) direct the Crown Court to proceed afresh under section 21, 22 or 23 if it believes the decision was wrong. (7) In proceeding afresh pursuant to this section, the Crown Court must comply with any directions the Court of Appeal or (as the case may be) the Supreme Court may make. 67J Appeals in relation to restraint orders
(1) If, on an application under section 42 for a restraint order, the Crown Court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision. (2) If an application is made under section 42(3) in relation to a restraint order or an order under section 41(7), the following may appeal to the Court of Appeal in respect of the Crown Court’s decision on the application— (a) the person who applied for the order; (b) any person affected by the order. (3) On an appeal under subsection (1) or (2) the Court of Appeal may— (a) confirm the decision, or (b) make such order as it believes is appropriate. (4) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal. (5) On an appeal under subsection (4) the Supreme Court may— (a) confirm the decision of the Court of Appeal, or (b) make such order as it believes is appropriate. 67K Appeals in relation to management and enforcement receivers
(1) If, on an application for an order under any of sections 48 to 51 or 62, the Crown Court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision. (2) If the Crown Court makes an order under any of sections 48 to 51 or 62, any of the following may appeal to the Court of Appeal in respect of the order— (a) the person who applied for the order; (b) any person affected by the order; (c) if the order was made under section 62, the receiver. (3) The following may appeal to the Court of Appeal against a decision of the Crown Court on an application under section 63— (a) the person who applied for the order in respect of which the application was made; (b) any person affected by the court’s decision; (c) the receiver. (4) On an appeal under this section the Court of Appeal may— (a) confirm the decision, or (b) make such order as it believes is appropriate. (5) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal. (6) On an appeal under subsection (5) the Supreme Court may— (a) confirm the decision of the Court of Appeal, or (b) make such order as it believes is appropriate. 67L Appeals in relation to realisation etc of seized property
(1) If the enforcing court decides not to make an order under section 67ZA(3), 67A(3) or 67AA(2), an appropriate officer may appeal against the decision to the applicable court. (2) If the enforcing court makes an order under 67ZA(3), 67A(3) or 67AA(2), a person affected by the order may appeal in respect of the order to the applicable court, but only if conditions 1 and 2 are met (and see subsection (5)). (3) Condition 1 is met if no determination under section 10A has been made in relation to the case. (4) Condition 2 is met if— (a) the person concerned was not given a reasonable opportunity to make representations when the confiscation order was made, or (b) it appears to the applicable court to be arguable that not hearing the appeal would result in a serious risk of injustice to that person. (5) A person holding the property to which the order under section 67ZA, 67A or (as the case may be) 67AA relates may not appeal under subsection (2) if there is a confiscation order made against them. (6) An appropriate officer may appeal to the applicable court against— (a) a decision by the enforcing court not to make a determination under section 67B; (b) a determination made by the enforcing court under that section. (7) On an appeal under this section to the Court of Appeal it may— (a) confirm the decision, or (b) make such order as it believes is appropriate. (8) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal. (9) On an appeal under subsection (8) the Supreme Court may— (a) confirm the decision of the Court of Appeal, or (b) make such order as it believes is appropriate. (10) In this section— the applicable court is— (a) in a case where the enforcing court is a magistrates’ court, the Crown Court; (b) in a case where the enforcing court is the Crown Court, the Court of Appeal; appropriate officer has the same meaning as in section 41A.
(4) A determination made under section 10A of the Proceeds of Crime Act 2002 is not a sentence for the purposes of this Act (see section 67G of that Act for rights of appeal in relation to such a determination). (5) A compliance order made under section 13A of the Proceeds of Crime Act 2002 is not a sentence for the purposes of this Act (see section 67H of that Act for rights of appeal in relation to such an order).
Part 12 — Consequential and related amendments¶
Courts Act 2003 (c. 39)¶
Constitutional Reform Act 2005 (c. 4)¶
Serious Crime Act 2007 (c. 27)¶
Prevention of Social Housing Fraud Act 2013 (c. 3)¶
Crime and Courts Act 2013 (c. 22)¶
Serious Crime Act 2015 (c. 9)¶
Modern Slavery Act 2015 (c. 30)¶
Criminal Finances Act 2017 (c. 22)¶
Sentencing Act 2020 (c. 17)¶
Part 7A — Amendments of other Acts consequential on prospective abolition of detention in default of payment of fines etc
Proceeds of Crime Act 2002 (c. 29)
100A (1) The Proceeds of Crime Act 2002 is amended as follows. (2) In section 35A (default term of imprisonment or detention)— (a) in subsection (2), for paragraphs (a) and (b) substitute “of imprisonment”; (b) in subsection (4), in the opening words, omit “, or detained,”; (c) in the heading, omit “or detention”. (3) In section 35J (enforcement by magistrates’ court), in subsection (4), omit the words from “, or detention” to “Act 2000,”. (4) In section 35M (warrant of commitment issued by Crown Court), in subsection (3), omit the words from “, or detention” to “Act 2000,”.
Proceeds of Crime Act 2002 (c. 29)
103 In section 35A of the Proceeds of Crime Act 2002 (default term of imprisonment or detention), in subsection (4)(c), omit “, custody for life or detention in a young offender institution”.
Schedule 1517 — Confiscation orders: Northern Ireland¶
Part 1 — The principal objective¶
Exercise of powers: general
155A The principal objective
(1) This section applies to any power conferred by or under this Part on— (a) a court; (b) a prosecutor; (c) a person who is an appropriate officer within the meaning given by section 190A(3) or 195A(1); (d) any other person whose functions include the investigation of crime; (e) a receiver appointed under section 196 or 198. (2) The principal objective in exercising a power to which this section applies in relation to a defendant is to deprive the defendant of the defendant’s benefit from criminal conduct, so far as within the defendant’s means. (3) The defendant’s means are to be taken to include any tainted gifts made by the defendant. (4) A court or person must exercise any power to which this section applies in the way which the court or person considers is best calculated to further the principal objective. (5) The duty under section 2A(1) does not apply to the exercise by a relevant authority of a power to which this section applies if and to the extent that exercising the power in compliance with that duty would be inconsistent with doing so in compliance with the duty under subsection (4). (6) In subsection (5) “relevant authority” has the meaning given by section 2A(2).
Part 2 — Criminal lifestyle¶
Prosecutor’s discretion¶
;(2A) The statement of information must indicate whether or not the case is one in which the court is asked to decide whether the defendant has a criminal lifestyle (see section 156(4)).
The serious risk of injustice test¶
(6A) In determining whether there would be a serious risk of injustice if a required assumption were made in relation to particular property or expenditure, the court must consider all the circumstances of the case and must, in particular, give the appropriate weight to— (a) any evidence about the serious risk of injustice that has been made available to it, and (b) any explanation given by the defendant for being unable to provide evidence that would have shown the assumption to be incorrect.
Cases in which defendant has a criminal lifestyle¶
Criminal lifestyle offences¶
(g) Article 64 (keeping a brothel used for prostitution).
Offences involving gangmasters
Environmental offences
9C An offence under Article 4(1)(a) of the Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I. 19)) (depositing, or causing or permitting the deposit of, controlled waste, otherwise than in accordance with a waste management licence).
Part 3 — Provisions concerning amount to be paid under confiscation order¶
Recoverable amount¶
;(za) any property in respect of which an order falling within section 163(3)(b), (c) or (d) was made before the court proceeded under section 156 (see section 165A(2)(c)),
(e) any property that has been restored to a victim of the conduct concerned, or any other person entitled to recover it, (f) any property that has been handed over to an appropriate officer within the meaning given by section 190A(3) or 195A(1), (g) any property that, having been seized under a power conferred by or by virtue of— (i) a warrant granted under any enactment or rule of law, or (ii) any enactment, or rule of law, under which the authority of a warrant is not required, has not subsequently been released, and(h) any amount paid by the defendant by way of compensation in connection with the conduct concerned to any victim of the conduct in respect of loss, injury or damage sustained by the victim.
;(b) either or both of the conditions mentioned in subsection (1A) are met,
(1A) The conditions are that— (a) there is evidence which was not available to the prosecutor at the relevant time; (b) there is property that— (i) but for section 157(4)(g) (seized property), would have been taken into account in calculating the relevant amount, and (ii) has been released to the defendant since the relevant time.
Hidden property¶
(c) any amount determined under section 159A (value of hidden property).
159A Hidden property
(1) This section applies where it appears to a court calculating the available amount that— (a) the defendant’s benefit from the conduct concerned exceeds the total of the values (as at the time the confiscation order is made) of— (i) all the free property then held by the defendant, and (ii) all tainted gifts, and (b) some or all of that excess is a result of property having been hidden by or on behalf of the defendant. (2) The court must determine the total value of the property that the court considers has been hidden by or on behalf of the defendant. (3) When making a determination under this section the court must, in particular, consider the extent to which there are other circumstances that may account for the excess mentioned in subsection (1)(b), for example— (a) expenditure incurred by the defendant which has or may have been met from the defendant’s benefit from the conduct concerned; (b) changes in the value of the property held by the defendant.
Tainted gifts¶
(5) A gift is tainted if it was made by the defendant— (a) at any time after the commission of the offence concerned, or (b) if the defendant’s particular criminal conduct consists of two or more offences and they were committed at different times, at any time after the commission of the earliest of the offences.
Benefit¶
(8) But in a case where— (a) the person— (i) intended to have only a limited power to control or dispose of all or part of the property, (ii) held the property temporarily, or (iii) is treated as obtaining the property as a result of section 232(3), and (b) the court believes that the amount found under subsection (7) in relation to the property would produce a result that would be unjust, the court may reduce that amount to such amount (including zero) as the court believes is just.
(3) If, as a result of or in connection with conduct, a person keeps property that the person already has, where the court believes it just to do so the person is to be treated as obtaining the property as a result of or in connection with the conduct.
Value of property obtained¶
(5) If only a proportion of the property was obtained by the person as a result of or in connection with the person’s criminal conduct, only that proportion is to be taken into account for the purposes of subsections (2) to (4). (6) This section does not apply in a case where section 228A applies.
228A Mortgages
(1) This section applies if— (a) a person uses a loan obtained as a result of or in connection with the person’s criminal conduct to purchase an interest in land, (b) the loan is secured by a mortgage over the interest in land, and (c) the interest in land has increased in value during the loan period. (2) The value, at the material time, of the property obtained as a result of or in connection with the person’s criminal conduct is to be taken to be the amount found using the following formula—
A B × Cwhere—
A is the amount of the loan; B is the value of the interest in land at the time it was purchased; C is the amount by which the interest in land has increased in value between that time and the end of the loan period. (3) The value of the interest in land at the beginning and end of the loan period is to be found in accordance with section 227. (4) If the loan period ends before the material time, the amount found under subsection (2) is to be adjusted to take account of changes in the value of money between the end of the loan period and the material time. (5) In this section— the loan period is the period between the time when the loan is obtained and the earlier of— (a) the time when the principal, and any interest due, is repaid, and (b) the material time; the material time is the time the court makes its decision.
Value of property realised or destroyed¶
(3A) Where the person no longer holds the property obtained because it has been sold, the value of the property at the material time is the greater of the following— (a) the proceeds of the sale, adjusted to take account of later changes in the value of money; (b) the value (immediately before the sale) of the property, adjusted to take account of later changes in the value of money. (3B) Where the person no longer holds the property obtained because it has been destroyed by virtue of a court order under section 199(2)(e) or section 215AA (orders for destruction of cryptoassets), the value of the property at the material time is the market value of the property as set out in the court order, adjusted to take account of later changes in the value of money. (3C) For the purposes of subsection (3A)(a), if the proceeds of the sale are in a currency other than sterling, they must be taken to be the sterling equivalent calculated in accordance with the rate of exchange prevailing at the end of the day of the sale.
Part 4 — Priority orders¶
Priority orders¶
;(3A) In this section “priority order” means either of the following— (a) an order for the payment of compensation under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (compensation orders); (b) a slavery and trafficking reparation order under Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (slavery and trafficking reparation orders).
(5) Where a court makes a confiscation order or priority order the effect of which is that subsection (6) applies, the court making that order must also make a priority payment direction. (6) This subsection applies if, in the same proceedings (see section 233 for the meaning of “proceedings”) the following are made against the same person— (a) a confiscation order, and (b) one or more priority orders. (7) A “priority payment direction” is a direction that any amount payable under the priority order (or orders) that remains unpaid when any sum is recovered under the confiscation order is to be paid out of that sum.
(5) If a priority payment direction was made under section 163(5), the chief clerk must next apply the sums in payment of any amounts payable under the priority order (or orders) that remain unpaid. (5A) In a case in which there is more than one priority order the sums are to be applied in the order in which the priority orders were made, starting with the earliest of them.
Part 5 — Procedural matters¶
Timing of confiscation proceedings and effect on sentencing¶
165A Timing of confiscation proceedings and effect on sentencing
(1) This section applies where the court sentences the defendant for the offence (or any of the offences) concerned before it proceeds under section 156. (2) In sentencing the defendant for the offence (or any of the offences) concerned the court must not— (a) impose a fine on the defendant, (b) make an order falling within section 163(3)(a), (c) make an order falling within section 163(3)(b), (c) or (d) other than any such order made in respect of property that has little or no market value at the time of sentencing, (d) make an order for the payment of compensation under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)). (3) The court must draw up a timetable for the proceedings under section 156 before the end of the hearing at which it sentences the defendant for the offence (or, where there is more than one, the last offence) concerned. (4) The court may revise a timetable drawn up under subsection (3). (5) Section 156 has effect as if the defendant’s particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding the defendant’s sentence for the offence or offences concerned. (6) The court may, after the conclusion of the proceedings under section 156, vary the sentence by— (a) imposing a fine on the defendant, (b) making an order falling within section 163(3), (c) making an order for the payment of compensation under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (SI 1994/2795 (N.I. 15)). (7) But the court may proceed under subsection (6) only within the period of 56 days beginning with the day on which the court— (a) makes a confiscation order under section 156, or (b) decides not to make such an order. (8) For the purposes of— (a) section 16(1) of the Criminal Appeal (Northern Ireland) Act 1980 (time limit for notice of appeal or of application for leave to appeal), and (b) paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of application for leave to refer a case under section 36 of that Act), the sentence must be regarded as imposed or made on the day on which it is varied under subsection (6).
Early resolution meeting¶
(7A) But the court may, if it believes it is appropriate to do so, decide any question arising under subsection (4) or (5) in accordance with an agreement reached by the prosecutor and defendant at an EROC meeting as mentioned in section 165B(3)(a).
165B Early resolution meeting
(1) This section applies where— (a) the Crown Court is proceeding under section 156, and (b) the court directs that an early resolution of confiscation meeting (an “EROC meeting”) is to be held. (2) Before the court proceeds as mentioned in subsection (4) of section 156 (making of order) the prosecutor and the defendant (or the defendant’s legal representative) must attend an EROC meeting. (3) An EROC meeting is a meeting held with a view to the prosecutor and defendant— (a) reaching agreement on the question whether a confiscation order is required to be made against the defendant and, if so, on the amount required to be paid by the defendant under the confiscation order, or (b) in a case where agreement as mentioned in paragraph (a) is not reached, identifying the questions to be decided by the court in proceeding under section 156 on which they disagree. (4) A direction under subsection (1)(b)— (a) may be given by the court on application by the prosecutor or of its own motion; (b) may require or permit the attendance at an EROC meeting of— (i) any person who it appears to the court holds, or may hold, an interest in key property; (ii) an accredited financial investigator; (iii) any other person that the court considers appropriate. (5) A direction under subsection (1)(b) may be varied or revoked by the court on application by the prosecutor or of its own motion. (6) Key property is property held by the defendant that the court believes will need to be realised or otherwise used to satisfy any confiscation order that may be made. 165C Early resolution hearing
(1) Following an EROC meeting, the court must hold an EROC hearing if— (a) the prosecutor and defendant did not reach agreement as mentioned in section 165B(3)(a), or (b) the prosecutor and defendant did reach agreement, but the court decided not to make a confiscation order under section 156 requiring the defendant to pay the amount agreed. (2) An “EROC hearing” is a hearing for the court to consider the next steps in the section 156 proceedings. (3) In this section “EROC meeting” has the meaning given by section 165B.
Part 6 — Reconsideration and provisional discharge¶
Order made: reconsideration¶
171A Order made: reconsideration of benefit on decrease in value and sale etc
(1) This section applies if— (a) a court has made a confiscation order, (b) there is relevant property, (c) an application to proceed under this section is made to the Crown Court by— (i) the prosecutor, or (ii) a receiver appointed under section 198, and (d) the applicant believes that if the court were to make a new calculation of the defendant’s benefit and in doing so applied section 171(3) to (6), the amount found would not exceed the amount that would be found if the court were to make a new calculation of the defendant’s benefit under subsection (4). (2) For the purposes of this section, property is “relevant property” if the property was obtained by the defendant as a result of or in connection with the conduct concerned and— (a) it was held by the defendant when the relevant amount was calculated, but (b) it is no longer held by the defendant because it has been— (i) sold, or (ii) destroyed by virtue of a court order under section 199(2)(e) or section 215AA (orders for the destruction of cryptoassets). (3) In a case where this section applies, the court must determine whether A is less than B, where— A is the total of the values of all relevant property as decided in accordance with section 228(3A) or (3B) (as appropriate), and B is the total of the values at which that property was taken into account when the relevant amount was calculated, adjusted to take account of changes in the value of money since it was calculated. (4) If A is less than B, the court must make a new calculation of the defendant’s benefit by— (a) adjusting the relevant amount to take account of changes in the value of money since it was calculated, and (b) deducting from that adjusted amount the amount by which A is less than B. (5) Subsection (6) applies where— (a) the court makes a new calculation of the defendant’s benefit under subsection (4), and (b) the court determines that C is less than D, where— C is the amount that, if it was adjusted to take account of changes in the value of money since the amount required to be paid was last determined, would give the amount found under the new calculation of the defendant’s benefit, and D is the amount required to be paid under the order. (6) The court must vary the order by substituting C for the amount required to be paid. (7) The variation of the order under subsection (6) does not— (a) affect the defendant’s liability to pay any interest which was payable under section 162 for a period before the variation of the order but which had not been paid at the time of the variation, or (b) give rise to any obligation to refund any amount already paid by the defendant under the order. (8) The relevant amount is— (a) the amount found as the defendant’s benefit for the purposes of the confiscation order, or (b) if one or more new calculations of the defendant’s benefit have been made under section 171 or this section, the amount found on the occasion of the last such calculation.
;(11A) Section 161 applies in relation to a confiscation order when it is varied under this section as it applies in relation to a confiscation order when it is made (reading references to the making of the order as references to the varying of the order and references to the day on which the order is made as references to the day on which the order is varied). (11B) Where section 162 applies in relation to a confiscation order that has been varied under this section, the reference in section 162(3)(c) to the day on which the order was made is to be read as a reference to the day on which the order was varied.
(b) if one or more new calculations of the defendant’s benefit have been made under this section or section 171A, the amount found on the occasion of the last such calculation.
;(7A) Section 161 applies in relation to a confiscation order when it is varied under this section as it applies in relation to a confiscation order when it is made (reading references to the making of the order as references to the varying of the order and references to the day on which the order is made as references to the day on which the order is varied). (7B) Where section 162 applies in relation to a confiscation order that has been varied under this section, the reference in section 162(3)(c) to the day on which the order was made is to be read as a reference to the day on which the order was varied.
Provisional discharge of confiscation order¶
174A Provisional discharge of order
(1) This section applies if— (a) a court has made a confiscation order, 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 subsection (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) a receiver appointed under section 198. (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 under section 162; (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) The court may discharge a confiscation order on a provisional basis even though the court does not consider that doing so is best calculated to further the principal objective (see section 155A(4)). (6) Where an application under this section 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. (7) There is no right of appeal against a decision of the court under this section to discharge, or not to discharge, a confiscation order on a provisional basis. (8) In subsection (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 this Part, the day on which the order was varied. 174B Effect of provisional discharge and revocation of discharge
(1) This section applies where a confiscation order has been discharged under section 174A on a provisional basis. (2) The order is to be treated as satisfied subject to the rest of this section. (3) The provisional discharge of the order does not prevent the making of an application in respect of the order under section 171, 171A, 172 or 173. (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 subsection (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 section 198. (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 section 174A(4). (8) Where the court revokes the provisional discharge of a confiscation order under this section— (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 (see section 233(5)(a)), and (ii) any interest which was payable under section 162 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) Where the court revokes the provisional discharge of an order under subsection (5), section 161 applies in relation to any part of the amount ordered to be paid under the order that had not been paid when the order was provisionally discharged as it applies in relation to the full amount ordered to be paid under a confiscation order when it is made. (10) Where section 161 applies as mentioned in subsection (9), references in that section to the making of the order are to be read as references to the revocation of the provisional discharge of the order and references to the day on which the order is made as references to the day on which the provisional discharge of the order is revoked. (11) Where section 162 applies in relation to a confiscation order following the revocation of a provisional discharge of the order under subsection (5), the reference in section 162(3)(c) to the day on which the order was made is to be read as a reference to the day on which the provisional discharge of the order was revoked (12) There is no right of appeal against a decision of the court under this section to revoke, or not to revoke, the provisional discharge of a confiscation order. 174C Financial status orders
(1) This section 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 section 174A or 174B, or (c) the court has discharged a confiscation order on a provisional basis and an application has been made under section 171, 171A, 172 or 173. (2) The 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 section 174A or 174B.
Part 7 — Enforcement¶
Enforcement plans¶
Measures to promote effectiveness of confiscation orders
163ZA Enforcement plans
(1) This section applies where a court makes a confiscation order. (2) On making the confiscation order, the court must also prepare an enforcement plan for the order if— (a) there are reasonable grounds to believe that the defendant might default on the confiscation order for any reason, or (b) the court otherwise believes it is appropriate to do so for the purpose of ensuring that the confiscation order is effective. (3) An enforcement plan for a confiscation order is a document setting out drafts of one or more orders that the court considers the Crown Court could make in the event that the defendant defaults on the confiscation order. (4) For the purposes of this section and section 163ZB— (a) the defendant defaults on a confiscation order if the defendant fails to pay the amount required to be paid under the order on or before the due date; (b) the “due date”, in relation to a confiscation order, means— (i) in a case where no period is specified under section 161(2), the day on which the confiscation order is made, or (ii) in a case where one or more periods is so specified, the final day of the specified period that ends last (including any such period as extended under section 161(4)). (5) Where the court making the confiscation order is the Court of Appeal (see section 215E(4)(b)(i) (appeals)), on making the order the Court of Appeal may direct that the Crown Court is to carry out the duties under this section as if the Crown Court had made the order. 163ZB Enforcement plan: initial enforcement hearing
(1) This section applies where an enforcement plan is prepared for a confiscation order. (2) The Crown Court must set a date for a hearing to take place in the event that the defendant defaults on the confiscation order, and that date must be the first date then available to the court after the due date (see section 185A for provision about this hearing). (3) If an order is made under section 161(4) as a result of which the due date in relation to the confiscation order changes, the court must reset the date for the hearing to the first date then available to the court after the new due date.
185A Confiscation order with enforcement plan: initial enforcement hearing
(1) This section applies where— (a) a court has prepared an enforcement plan for a confiscation order (see section 163ZA), and (b) the defendant defaults on the confiscation order (within the meaning given by section 163ZA(4)). (2) If the condition in subsection (4) is met the court must, at the initial enforcement hearing, make an order or orders in the terms that were set out in draft in the enforcement plan (the “initial enforcement orders”). (3) If that condition is not met the court must, at that hearing, consider what other steps to take for the purpose of enforcing the confiscation order. (4) The condition is that the court believes that— (a) the proceeds of the realisation of property pursuant to the initial enforcement orders would be less than or equal to the amount remaining to be paid under the confiscation order, and (b) the interests of justice do not require any initial enforcement order not to be made. (5) In this section “the initial enforcement hearing” means the hearing held pursuant to section 163ZB.
Power to compel defendant to attend court at any stage of enforcement proceedings¶
185B Power to compel defendant to attend court for enforcement purposes
(1) This section applies if a court has made a confiscation order. (2) The Crown Court may, for any purpose in connection with the enforcement of the order— (a) issue a summons requiring the defendant to appear before the court at the time and place appointed in the summons, or (b) issue a warrant to arrest the defendant and bring them before the court. (3) On the failure of the defendant to appear before the Crown Court in answer to a summons issued under subsection (2)(a), the court may issue a warrant to arrest them and bring them before the court. (4) A magistrates’ court may, for any purpose in connection with exercising its powers under section 215, 215ZA, 215A or 215AA— (a) issue a summons requiring the defendant to appear before the court at the time and place appointed in the summons, or (b) issue a warrant to arrest the defendant and bring them before the court. (5) On the failure of the defendant to appear before the court in answer to a summons issued under subsection (4)(a), the court may issue a warrant to arrest them and bring them before the court.
Financial status order¶
185C Financial status orders
(1) This section applies if a court has made a confiscation order. (2) The Crown 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 enforcement of the confiscation order.
Confiscation assistance advisers¶
185D Confiscation assistance advisers
(1) This section applies if a court has made a confiscation order. (2) The Crown Court may appoint any person the court thinks appropriate to advise and assist the defendant in satisfying the confiscation order. (3) But a person may only be appointed under subsection (2) with the person’s consent.
Extension to Crown Court of powers in relation to money, cryptoassets and personal property¶
the relevant court means— (a) the Crown Court, where— (i) the court that made the confiscation order on doing so also prepared an enforcement plan for the confiscation order (see section 163ZA) or determined that the Crown Court should be responsible for exercising the powers in this section, and (ii) the Crown Court has not, at the time of or since the preparation of the plan or since the determination of responsibility as mentioned in sub-paragraph (i), made an order determining that a magistrates’ court should be responsible for exercising the powers in this section; (b) a magistrates’ court, in any other case.
(10) In this section “the relevant court” has the meaning given by section 215(8), but as if references in the definition to the powers in section 215 were references to the powers in this section.
(3A) In subsection (3) “the relevant court” has the meaning given by section 215(8), but as if references in the definition to the powers in section 215 were references to the power in this section.
(2A) In subsection (2) “the relevant court” has the meaning given by section 215(8), but as if references in the definition to the powers in section 215 were references to the power in this section.
Part 8 — Restraint orders¶
Conditions for making of restraint order: risk of dissipation¶
(1) Section 190 (power to make a restraint order) applies if— (a) any of the first to fifth conditions is satisfied (see subsections (2) to (6)), and (b) there is a real risk that relevant realisable property held by any person will be dissipated unless the High Court exercises the powers conferred by section 190 in relation to that property. (1A) For the purposes of this section— (a) “relevant realisable property” is realisable property that could be used for the purpose of satisfying any confiscation order that has been or may be made against the defendant; (b) a reference to relevant realisable property being “dissipated” is to it ceasing to be available for that purpose. (1B) In determining for the purposes of subsection (1)(b) whether there is a real risk of relevant realisable property being dissipated, the court must, in particular, have regard to the following— (a) the nature of the relevant realisable property; (b) the extent to which any person has taken steps with a view to relevant realisable property being dissipated; (c) any circumstances of a person who holds the relevant realisable property that may affect the ease with which they would be able to secure the dissipation of the property; (d) any evidence of such a person’s character; (e) the nature of the defendant’s criminal conduct; (f) the amount by which the defendant is suspected or believed to have benefited from their criminal conduct; (g) the stage of the proceedings for an offence against the defendant.
Exception to restraint orders for reasonable legal expenses¶
190ZA Exception for legal expenses in respect of offence with which confiscation proceedings concerned
(1) Where the court makes an exception to a restraint order under section 190(3) to which this section applies, it must ensure that the exception— (a) is limited to legal expenses that the specified person has reasonably incurred or that the person reasonably incurs, (b) specifies the total amount that may be released for legal expenses in pursuance of the exception, and (c) is made subject to the required conditions (in addition to any conditions imposed under section 190(3)(c)). (2) The Department of Justice in Northern Ireland may by regulations specify the required conditions for the purposes of subsection (1). (3) A required condition may, in particular— (a) restrict who may receive sums released in pursuance of the exception (by, for example, requiring released sums to be paid to professional legal advisers), or (b) be made for the purpose of controlling the amount of any sum released in pursuance of the exception in respect of an item of expenditure. (4) A required condition made for the purpose mentioned in subsection (3)(b) may, for example, provide for a sum to be released in respect of an item of expenditure only if — (a) the court has assessed the amount allowed by the regulations in respect of that item, and (b) the sum is released for payment of the assessed amount. (5) For the purposes of subsection (4), the regulations may, in particular, make provision— (a) limiting the amount of remuneration allowable to representatives for a unit of time worked; (b) limiting the total amount of remuneration allowable to representatives for work done in connection with proceedings or a step in proceedings; (c) limiting the amount allowable in respect of an item of expenditure incurred by a representative or incurred, otherwise than in respect of the remuneration of a representative, by a party to proceedings. (6) Before making regulations under this section, the Department of Justice must consult such persons as the Department of Justice considers appropriate.
Exception to restraint order for reasonable living expenses¶
;(3A) In making an exception to a restraint order that makes provision for reasonable living expenses the court must, in particular, have regard to the following— (a) the period for which the restraint order is to have effect; (b) the specified person’s applicable standard of living (see subsection (10)); (c) the specified person’s means; (d) the value of relevant realisable property held by the specified person in relation to the amount that the defendant is, or is likely to be, required to pay under a confiscation order; (e) the extent to which expenditure by the specified person is necessary or desirable for the purpose of improving or maintaining the value of relevant realisable property held by them.
(10) In this section— applicable standard of living, in relation to a specified person, means— (a) the person’s standard of living immediately before the making of the restraint order, or (b) in a case where there is reasonable cause to believe that the person enjoys a higher standard of living as a result of criminal activity, the standard of living that the person would enjoy but for that activity; relevant realisable property has the same meaning as in section 189.
Discharge of restraint order etc: proceedings not started within reasonable time¶
(7CA) In determining for the purposes of subsection (7B)(b) whether proceedings for the offence have not started within a reasonable time, the court must, in particular, have regard to the following— (a) the length of time that has passed since the making of the restraint order; (b) the reasons given by the prosecutor for proceedings not having started within that time; (c) the length and complexity of the criminal investigation, both before and after the making of the restraint order; (d) the extent to which the matters subject to that investigation include matters arising abroad; (e) the length and complexity of the potential proceedings; (f) the nature of the restraint order (for example, the extent of the property to which it relates); (g) the impact of the restraint order on any person affected by the order.
(7A) In determining for the purposes of subsection (7)(a) whether proceedings for the offence have not started within a reasonable time, the court must, in particular, have regard to the following— (a) the length of time that has passed since the making of the restraint order; (b) the reasons given by the prosecutor for proceedings not having started within that time; (c) the length and complexity of the criminal investigation, both before and after the making of the restraint order; (d) the extent to which the matters subject to that investigation include matters arising abroad; (e) the length and complexity of the potential proceedings; (f) the nature of the restraint order (for example, the extent of the property to which it relates); (g) the impact of the restraint order on any person affected by the order.
Restraint orders: effect of conviction¶
191A Restraint orders: effect of conviction
(1) In making or varying a restraint order at any time after the defendant’s conviction for an offence, the High Court must have regard, in particular, to— (a) the fact of the defendant’s conviction, and (b) whether either or both of the following has or have been, or is or are likely to be, made against the defendant— (i) an order for the payment of compensation under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)); (ii) a slavery and trafficking reparation order under Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015. (2) Subsections (3) and (4) apply where— (a) the High Court makes a restraint order at a time when the defendant has not been convicted of an offence, and (b) the defendant is subsequently convicted of an offence at a time when the order remains in force. (3) If the restraint order is subject to an exception made under section 190(3), the High Court must review the appropriateness of the exception having regard, in particular, to the matters mentioned in subsection (1). (4) Following that review the court may vary the restraint order, whether or not an application has been made under section 191(3).
Part 9 — Management receivers¶
Appointment of management receiver¶
;(1A) Subsection (2) also applies if— (a) a magistrates’ court has made a further detention order, and (b) an application is made to the High Court to proceed under subsection (2) by— (i) the prosecutor, or (ii) an accredited financial investigator.
(3) For the purposes of this section and section 197, a “further detention order” is an order made in relation to property under section 195M (further detention of property detained under section 195J).
Part 10 — Appeals¶
Appeal rights in relation to confiscation proceedings¶
Appeals
215E Appeals in relation to confiscation orders
(1) If the Crown Court makes a confiscation order, the prosecutor may appeal to the Court of Appeal in respect of the order. (2) If the Crown Court decides not to make a confiscation order, the prosecutor may appeal to the Court of Appeal against the decision. (3) On an appeal under subsection (1) the Court of Appeal— (a) may confirm, vary or quash the confiscation order, and (b) if it quashes the order, may direct the Crown Court to proceed afresh under section 156. (4) On an appeal under subsection (2) the Court of Appeal— (a) may confirm the decision, or (b) if it believes that the decision was wrong, may— (i) itself proceed under section 156 (ignoring subsections (1) to (3)), or (ii) direct the Crown Court to proceed afresh under that section. (5) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of the defendant or the prosecutor. (6) On an appeal from a decision of the Court of Appeal to confirm, vary or make a confiscation order the Supreme Court may confirm, vary or quash the order. (7) On an appeal from a decision of the Court of Appeal to confirm the decision of the Crown Court not to make a confiscation order, or from a decision of the Court of Appeal to quash a confiscation order, the Supreme Court may— (a) confirm the decision, or (b) direct the Crown Court to proceed afresh under section 156 if it believes the decision was wrong. (8) In proceeding afresh under section 156 pursuant to this section, the Crown Court must comply with any directions the Court of Appeal or (as the case may be) the Supreme Court may make. 215F Appeals under section 215E: supplementary
(1) This section applies if a court makes or varies a confiscation order pursuant to section 215E. (2) The court must— (a) have regard to any fine imposed on the defendant in respect of the offence (or any of the offences) concerned; (b) have regard to any order which falls within section 163(3) and has been made against the defendant in respect of the offence (or any of the offences) concerned, unless the order has already been taken into account by a court in deciding what is the free property held by the defendant for the purposes of section 159. (3) Subsections (4) to (9) apply if a court makes a confiscation order pursuant to section 215E. (4) If a court has already sentenced the defendant for the offence (or any of the offences) concerned, section 156 has effect as if the defendant’s particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding the defendant’s sentence for the offence or offences concerned. (5) If an order falling with subsection (6) has been made against the defendant in respect of the offence (or any of the offences) concerned the court must have regard to the order. (6) These orders fall within this subsection— (a) an order for the payment of compensation under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)); (b) a slavery and trafficking reparation order under Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015. (7) Section 158(2) does not apply, and the rules applying instead are that the court must— (a) take account of conduct occurring before the relevant date; (b) take account of property obtained before that date; (c) take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date. (8) In section 160— (a) the first and second assumptions do not apply with regard to property first held by the defendant on or after the relevant date; (b) the third assumption does not apply with regard to expenditure incurred by the defendant on or after that date; (c) the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by the defendant on or after that date. (9) Section 176 applies as it applies in the circumstances mentioned in subsection (1) of that section. (10) For the purposes of this section, “the relevant date” is— (a) in a case where the Crown Court made a confiscation order which was quashed by the Court of Appeal, the date on which the Crown Court made the order; (b) in any other case, the date on which the Crown Court decided not to make a confiscation order. 215G Appeals in relation to section 160A determinations
(1) If a court makes a determination under section 160A of the extent of the defendant’s interest in property, the following may appeal to the Court of Appeal in respect of the determination— (a) the prosecutor; (b) the defendant, if subsection (2) applies; (c) a person who the Court of Appeal believes is or may be a person holding an interest in the property, if subsection (2) applies. (2) This subsection applies if— (a) the defendant or (as the case may be) the person within subsection (1)(c) was not given a reasonable opportunity to make representations when the determination was made, or (b) it appears to the Court of Appeal to be arguable that giving effect to the determination would result in a serious risk of injustice to the defendant or that other person. (3) But there is no right of appeal for the defendant or a person within subsection (1)(c) if— (a) the Court of Appeal believes that an application under section 198 is to be made by the prosecutor for the appointment of a receiver, (b) such an application has been made but not yet determined, or (c) a receiver has been appointed under section 198. (4) On an appeal under this section the Court of Appeal may— (a) confirm the determination, or (b) make such order as it believes is appropriate. (5) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings on the appeal. (6) On an appeal under subsection (5) the Supreme Court may— (a) confirm the decision of the Court of Appeal, or (b) make such order as it believes is appropriate. 215H Appeals in relation to compliance orders
(1) If, on an application under section 163A(3)(b), the Crown Court decides not to make a compliance order, the prosecutor may appeal to the Court of Appeal against the decision. (2) If the Crown Court decides to make, discharge or vary a compliance order, the following persons may appeal to the Court of Appeal in respect of the decision— (a) the prosecutor; (b) the defendant; (c) any other person affected by the order. (3) On an appeal under subsection (1) or (2) the Court of Appeal may— (a) confirm the decision, or (b) make such order as it believes is appropriate. (4) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings on the appeal. (5) On an appeal under subsection (4) the Supreme Court may— (a) confirm the decision of the Court of Appeal, or (b) make such order as it believes is appropriate. (6) In this section “compliance order” means an order made under section 163A. 215I Appeals in relation to variations of confiscation order
(1) If the Crown Court makes an order under section 171, 172 or 173 varying a confiscation order, the prosecutor may appeal to the Court of Appeal in respect of the order. (2) For the defendant’s right of appeal where the Crown Court makes an order under section 171 or 172, see section 30(3)(e) of the Criminal Appeal (Northern Ireland) Act 1980 (the effect of which is that, for the purposes of the appeal rights conferred by that Act, any such order forms part of the defendant’s sentence). (3) On an appeal under subsection (1) the Court of Appeal— (a) may confirm, vary or quash the order concerned, and (b) if it quashes the order, may direct the Crown Court to proceed afresh under section 171, 172 or 173. (4) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of the defendant or the prosecutor. (5) On an appeal from a decision of the Court of Appeal to confirm or vary the order concerned the Supreme Court may confirm, vary or quash the order. (6) On an appeal from a decision of the Court of Appeal to quash the order concerned the Supreme Court may— (a) confirm the decision of the Court of Appeal, or (b) direct the Crown Court to proceed afresh under section 171, 172 or 173 if it believes the decision was wrong. (7) In proceeding afresh pursuant to this section, the Crown Court must comply with any directions the Court of Appeal or (as the case may be) the Supreme Court may make. 215J Appeals in relation to restraint orders
(1) If, on an application under section 191 for a restraint order, the High Court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision. (2) If an application is made under section 191(3) in relation to a restraint order or an order under section 190(7), the following may appeal to the Court of Appeal in respect of the High Court’s decision on the application— (a) the person who applied for the order; (b) any person affected by the order. (3) On an appeal under subsection (1) or (2) the Court of Appeal may— (a) confirm the decision, or (b) make such order as it believes is appropriate. (4) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal. (5) On an appeal under subsection (4) the Supreme Court may— (a) confirm the decision of the Court of Appeal, or (b) make such order as it believes is appropriate. 215K Appeals in relation to management and enforcement receivers
(1) If, on an application for an order under any of sections 196 to 199 or 210, the High Court or, as the case may be, the Crown Court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision. (2) If the High Court or the Crown Court makes an order under any of sections 196 to 199 or 210, any of the following may appeal to the Court of Appeal in respect of the order— (a) the person who applied for the order; (b) any person affected by the order; (c) if the order was made under section 210, the receiver. (3) The following may appeal to the Court of Appeal against a decision of the High Court or the Crown Court on an application under section 211— (a) the person who applied for the order in respect of which the application was made; (b) any person affected by the court’s decision; (c) the receiver. (4) On an appeal under this section the Court of Appeal may— (a) confirm the decision, or (b) make such order as it believes is appropriate. (5) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal. (6) On an appeal under subsection (5) the Supreme Court may— (a) confirm the decision of the Court of Appeal, or (b) make such order as it believes is appropriate. 215L Appeals in relation to realisation etc of seized property
(1) If the relevant court decides not to make an order under section 215ZA(3), 215A(3) or 215AA(2), an appropriate officer may appeal against the decision to the appropriate appellate court. (2) If the relevant court makes an order under 215ZA(3), 215A(3) or 215AA(2), a person affected by the order may appeal in respect of the order to the appropriate appellate court, but only if conditions 1 and 2 are met (and see subsection (5)). (3) Condition 1 is met if no determination under section 160A has been made in relation to the case. (4) Condition 2 is met if— (a) the person concerned was not given a reasonable opportunity to make representations when the confiscation order was made, or (b) it appears to the appropriate appellate court to be arguable that not hearing the appeal would result in a serious risk of injustice to that person. (5) A person holding the property to which the order under section 215ZA, 215A or (as the case may be) 215AA relates may not appeal under subsection (2) if there is a confiscation order made against them. (6) An appropriate officer may appeal to the appropriate appellate court against— (a) a decision by the relevant court not to make a determination under section 215B; (b) a determination made by the relevant court under that section. (7) On an appeal under this section to the Court of Appeal it may— (a) confirm the decision, or (b) make such order as it believes is appropriate. (8) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal. (9) On an appeal under subsection (8) the Supreme Court may— (a) confirm the decision of the Court of Appeal, or (b) make such order as it believes is appropriate. (10) In this section— the appropriate appellate court is— (a) in a case where the relevant court is a magistrates’ court, the county court; (b) in a case where the relevant court is the Crown Court, the Court of Appeal; appropriate officer has the same meaning as in section 190A.
(5) A determination made under section 160A of the Proceeds of Crime Act 2002 is not a sentence for the purposes of this Act (see section 215G of that Act for rights of appeal in relation to such a determination). (6) A compliance order made under section 163A of the Proceeds of Crime Act 2002 is not a sentence for the purposes of this Act (see section 215H of that Act for rights of appeal in relation to such an order).
Part 11 — Consequential and related amendments¶
Constitutional Reform Act 2005 (c. 4)¶
Serious Crime Act 2007 (c. 27)¶
Serious Crime Act 2015 (c. 9)¶
Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c.2 (N.I.))¶
Criminal Finances Act 2017 (c. 22)¶
Schedule 1618 — Notification orders¶
.(aa) orders applying the notification requirements to persons dealt with in the United Kingdom for certain offences to which this Part does not apply (see section 57A and Schedule 4A),
(4) Schedule 6A provides for orders applying the notification requirements to persons dealt with for certain service offences to which this Part does not apply.
57A Domestic offence notification orders
Schedule 4A makes provision for notification orders applying the notification requirements of this Part to persons who have been dealt with for certain offences that are not offences to which this Part applies.
(2) Schedule 6A makes provision for notification orders applying the notification requirements of this Part to persons who have been dealt with for certain service offences that are not offences to which this Part applies.
.(aa) paragraph 2(5) of Schedule 4A or paragraph 2(5) of Schedule 6A (conditions for making domestic or service offence notification order where offence dealt with before commencement),
Schedule 4A19 — Domestic offence notification orders
Introductory
1 In this Schedule— the appropriate court means— (a) in England and Wales or Northern Ireland, the High Court; (b) in Scotland, the Court of Session; authorised person means the Secretary of State or— (a) in England and Wales, a chief officer of police; (b) in Scotland, the chief constable of the Police Service of Scotland; (c) in Northern Ireland, the chief constable of the Police Service of Northern Ireland; offence: any reference to an offence is to an offence under the law of England and Wales, Scotland or Northern Ireland (and does not include a service offence). Domestic offence notification orders
2 (1) An authorised person may apply to the appropriate court for an order under this paragraph (a “domestic offence notification order”) in respect of a person (“the offender”). (2) On the application, the court must make a domestic offence notification order in respect of the offender if it is satisfied that the following 4 conditions are met (and must otherwise refuse the application). (3) The first condition is that the offender has been dealt with for an offence (“the relevant offence”) that— (a) was committed before 29 June 2021, (b) is punishable with imprisonment for more than 2 years, and (c) is not an excluded offence. (4) “Excluded offence” means— (a) an offence to which this Part applied when the offender was dealt with (see sections 41 and 42), (b) an offence in relation to which section 30 or 31 of this Act or section 69 of the Sentencing Code applied, (c) an offence in relation to which section 31 of this Act would have applied if paragraph (b) of subsection (1) of that section were omitted, or (d) an offence under section 19, 21A or 39 of the Terrorism Act 2000. (5) If the offender was dealt with for the relevant offence before the commencement of this Part, sub-paragraph (4) applies as if for paragraph (a) there were substituted— .(a) an offence which, on the commencement of this Part, was within section 41(1) or (2), (6) The second condition is that— (a) the offender has been dealt with for the relevant offence in a way mentioned in section 45 (reading any reference to an offence to which this Part applies as a reference to the relevant offence), (b) the offender was aged 16 or over at the time of being dealt with for the relevant offence, and (c) the offender— (i) is imprisoned or detained in pursuance of the sentence passed or order made in respect of the offence, (ii) would be so imprisoned or detained but for being unlawfully at large, absent without leave, on temporary leave or leave of absence, or on bail pending an appeal, or (iii) is on licence, having served the custodial part of a sentence of imprisonment in respect of the offence. (7) The third condition is that the relevant offence has a terrorist connection (see section 93). (8) The fourth condition is that the period in respect of which the notification requirements would apply in respect of the relevant offence (see section 53) has not expired. Restrictions on applications for domestic offence notification orders
3 (1) A chief officer of police may apply for a domestic offence notification order in respect of a person only if— (a) the person resides in the chief officer’s police area, or (b) the chief officer believes that the person is in, or is intending to come to, that area. (2) The chief constable of the Police Service of Scotland may apply for a domestic offence notification order in respect of a person only if— (a) the person resides in Scotland, or (b) the chief constable believes that the person is in, or is intending to come to, Scotland. (3) The chief constable of the Police Service of Northern Ireland may apply for a domestic offence notification order in respect of a person only if— (a) the person resides in Northern Ireland, or (b) the chief constable believes that the person is in, or is intending to come to, Northern Ireland. Effect of domestic offence notification order
4 The effect of a domestic offence notification order is that the notification requirements of this Part apply to the offender. Modifications of this Part
5 (1) The following modifications apply where a domestic offence notification order is made. (2) Section 43(1) does not apply to the offender, as regards the relevant offence. (3) Section 47(1) (initial notification) applies as if the reference to the day on which the person is dealt with were a reference to the date of service of the domestic offence notification order. (4) For the purposes of section 53 (period for which notification requirements apply), references there to “the offence” are to the relevant offence. (5) For the meaning of “the relevant offence”, see paragraph 2(3).
Schedule 6A20 — Service offence notification orders
Introductory
1 In this Schedule— the appropriate court means— (a) in England and Wales or Northern Ireland, the High Court; (b) in Scotland, the Court of Session; authorised person means the Secretary of State or— (a) in England and Wales, a chief officer of police; (b) in Scotland, the chief constable of the Police Service of Scotland; (c) in Northern Ireland, the chief constable of the Police Service of Northern Ireland. Service offence notification orders
2 (1) An authorised person may apply to the appropriate court for an order under this paragraph (a “service offence notification order”) in respect of a person (“the offender”). (2) On the application, the court must make a service offence notification order in respect of the offender if it is satisfied that the following 4 conditions are met (and must otherwise refuse the application). (3) The first condition is that the offender has been dealt with for a service offence (“the relevant offence”) that— (a) is punishable with imprisonment for more than 2 years, (b) is not an excluded offence, and (c) if a day has been appointed for the commencement of section 1 of the Counter-Terrorism and Sentencing Act 2021 as that section has effect for the purposes of section 69 of the Sentencing Code as applied by section 238 of the Armed Forces Act 2006, is committed before that day. (4) In sub-paragraph (3)(b) “excluded offence” means— (a) a service offence to which this Part applied when the offender was dealt with (see paragraphs 1 and 2 of Schedule 6), (b) a service offence in relation to which section 32 of this Act or section 69 of the Sentencing Code applied, or (c) a service offence as respects which the corresponding civil offence is an offence under section 19, 21A or 39 of the Terrorism Act 2000. (5) If the offender was dealt with for the relevant offence before the commencement of this Part, sub-paragraph (4) applies as if for paragraph (a) there were substituted— .(a) a service offence as respects which the corresponding civil offence was on the commencement of this Part within section 41(1) or (2), (6) The second condition is that— (a) the offender has been dealt with for the relevant offence in a way mentioned in paragraph 5 of Schedule 6 (reading any reference to a service offence to which this Part applies as a reference to the relevant offence), (b) the offender was aged 16 or over at the time of being dealt with for the relevant offence, and (c) the offender— (i) is imprisoned or detained in pursuance of the sentence passed or order made in respect of the offence, (ii) would be so imprisoned or detained but for being unlawfully at large, absent without leave, on temporary leave or leave of absence, or on bail pending an appeal, or (iii) is on licence, having served the custodial part of a sentence of imprisonment in respect of the offence. (7) The third condition is that the relevant offence has a terrorist connection (see section 93). (8) The fourth condition is that the period in respect of which the notification requirements would apply in respect of the relevant offence (see paragraph 7 of Schedule 6) has not expired. Restrictions on applications for service offence notification orders
3 (1) A chief officer of police may apply for a service offence notification order in respect of a person only if— (a) the person resides in the chief officer’s police area, or (b) the chief officer believes that the person is in, or is intending to come to, that area. (2) The chief constable of the Police Service of Scotland may apply for a service offence notification order in respect of a person only if— (a) the person resides in Scotland, or (b) the chief constable believes that the person is in, or is intending to come to, Scotland. (3) The chief constable of the Police Service of Northern Ireland may apply for a service offence notification order in respect of a person only if— (a) the person resides in Northern Ireland, or (b) the chief constable believes that the person is in, or is intending to come to, Northern Ireland. Effect of service offence notification order
4 The effect of a service offence notification order is that the notification requirements of this Part apply to the offender. Modifications of this Part
5 (1) The following modifications apply where a service offence notification order is made. (2) Section 47(1) (initial notification) applies as if the reference to the day on which the person is dealt with were a reference to the date of service of the service offence notification order. (3) Paragraph 3(1) of Schedule 6 does not apply to the offender, as regards the relevant offence. (4) For the purposes of paragraph 7 of that Schedule (period for which notification requirements apply), references there to “the service offence” or “the offence” are to the relevant offence. (5) For the meaning of “the relevant offence”, see paragraph 2(3).
Schedule 1721 — Sentences for offence of breaching foreign travel restriction order¶
Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)¶
(a) section 54 (breach of police notification requirements etc); (b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order).
Criminal Procedure (Scotland) Act 1995 (c. 46)¶
(9) In the case of an offence specified in paragraph 4(b) of Schedule 5ZB (breach of foreign travel restriction order), this section applies in relation to convictions on or after the day on which paragraph 2 of Schedule 17 to the Crime and Policing Act 2025 comes into force.
(a) section 54 (breach of police notification requirements etc); (b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order).
Criminal Justice Act 2003 (c.44)¶
(10B) In the case of a prisoner to whom this section applies as a result of the amendments made by paragraph 3 of Schedule 17 to the Crime and Policing Act 2025, the references in subsections (9) and (10) to the date on which this section comes into force are to be read as references to the date on which that paragraph comes into force.
(a) section 54 (breach of police notification requirements etc); (b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order).
Counter-Terrorism Act 2008 (c. 28)¶
(2) An offence under paragraph 15 of Schedule 5 to that Act (breach of foreign travel restriction order) of which a person is convicted on or after the day on which paragraph 4 of Schedule 17 to the Crime and Policing Act 2025 comes into force.
Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))¶
(11) In the case of an offence listed in paragraph 32(b) of Schedule 2A, this Article applies in relation to convictions on or after the day on which paragraph 5 of Schedule 17 to the Crime and Policing Act 2025 comes into force.
(11) In the case of a prisoner to whom this Article applies as a result of the amendments made by paragraph 5 of Schedule 17 to the Crime and Policing Act 2025, the reference in paragraph (10) to the commencement date is to be read as a reference to the date on which that paragraph comes into force.
(a) section 54 (breach of police notification requirements etc); (b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order).
Sentencing Code¶
(7) In the case of an offence listed in paragraph 4(b) of Schedule 13, this section applies in relation to convictions on or after the day on which paragraph 6 of Schedule 17 to the Crime and Policing Act 2025 comes into force.
(5) In the case of an offence listed in paragraph 4(b) of Schedule 13, this section applies in relation to convictions on or after the day on which paragraph 6 of Schedule 17 to the Crime and Policing Act 2025 comes into force.
(5) In the case of an offence listed in paragraph 4(b) of Schedule 13, this section applies in relation to convictions on or after the day on which paragraph 6 of Schedule 17 to the Crime and Policing Act 2025 comes into force.
(2) An offence under paragraph 15 of Schedule 5 to that Act (breach of foreign travel restriction order) of which a person is convicted on or after the day on which paragraph 6 of Schedule 17 to the Crime and Policing Act 2025 comes into force.
(a) section 54 (breach of police notification requirements etc); (b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order).