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) Before issuing or revising guidance under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate. (4) Subsection (3) does not apply to revisions that the Secretary of State considers are not substantial. (5) The requirement in subsection (3) to consult before issuing guidance may be satisfied by consultation carried out wholly or partly before this section comes into force. (6) 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, housing injunctions and consequential amendments¶
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) Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate. (7) The requirement in subsection (6) may be satisfied by consultation carried out wholly or partly before this section comes into force. (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; 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) The guidance issued about the enforcement of offences under section 33 must ensure that, where a person is convicted of a relevant offence, they are liable for the costs incurred through loss or damage resulting from the offence. (3) The guidance must also ensure that it requires the waste regulation authority to engage with the local police force to take all reasonable measures to ensure that the landowner, or community, responsible for the land upon which the relevant offence occurs, is not liable for the costs incurred resulting from the offence. (4) An English waste collection authority must have regard to any guidance issued under this section when exercising any functions to which the guidance relates. (5) The Secretary of State may revise any guidance issued under this section. (6) A draft of any guidance or revised guidance proposed to be issued under this section must be laid before each House of Parliament. (7) Before laying draft guidance or revised guidance under subsection (6), the Secretary of State must consult such persons as the Secretary of State considers appropriate. (8) The Secretary of State must not issue guidance or revised guidance under this section until after the end of the period of 40 days beginning with the day on which the draft was laid before each House of Parliament, or if it was laid on different days, with the later day. (9) If, within that period, either House of Parliament resolves that the guidance or revised guidance should not be issued, the Secretary of State must not issue it. (10) In calculating any period of 40 days for the purposes of subsection (8), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days. (11) The Secretary of State must publish any guidance issued or revised under this section. (12) 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).
10 Points on driving licence for fly tipping ¶
In section 33(8) of the Environmental Protection Act 1990 (unauthorised disposal of waste: offence), at the end insert—and in either case is also liable to the endorsement of their driving record with 3 penalty points.
11 Seizure of vehicles in connection with a fly-tipping offence¶
In section 59 of the Police Reform Act 2002 (vehicles used in manner causing alarm, distress or annoyance), after subsection (1)(b) insert—.(c) is being used or has been used in connection with an offence under section 33 of the Environmental Protection Act 1990 (prohibition on unauthorised or harmful deposit, treatment or disposal of waste),
12 Fly tipping: English waste collection authority duty¶
When an offence of fly-tipping has been committed, the local waste authority must collect all waste resulting from the offence committed and then seek to recover the costs from the offender.13 Offence of trespassing with intent to commit criminal offence¶
14 Arranging or facilitating begging for gain¶
Part 2 — Offensive weapons¶
Chapter 1 — Online advertising etc of unlawful weapons: civil penalties¶
15 “Relevant user-to-user services”, “relevant search services” and “service providers”¶
16 Coordinating officer¶
17 Notice requiring appointment of content manager¶
18 Appointment of content manager following change of circumstances¶
19 Replacement of content manager¶
20 Duty to notify changes in required information¶
21 Failure to comply with content manager requirements: civil penalty¶
22 Unlawful weapons content¶
23 Content removal notices¶
24 Content removal notices: review¶
25 Decision notices requiring removal of unlawful weapons content¶
26 Failure to comply with content removal notice or decision notice: civil penalties¶
27 Guidance¶
28 Notices¶
29 Interpretation of Chapter¶
Chapter 2 — Other provision about offensive weapons¶
Offences relating to offensive weapons¶
30 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 10 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),
.23 An offence under any of the following provisions of the Criminal Justice Act 1988— section 134 (torture) section 139AB (possessing article with blade or point or offensive weapon with intent to use unlawful violence etc)
31 Maximum penalty for offences relating to offensive weapons¶
and 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 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 Scotland, to imprisonment for a term not exceeding 2 years or a fine (or both); (f) 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); (cb) on conviction on indictment in Scotland, to imprisonment for a term not exceeding 2 years or a fine (or both);
(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 conviction on indictment in England and Wales, to imprisonment for a term not exceeding 2 years or a fine (or both); (d) on conviction on indictment in Scotland, 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 12 months or a fine not exceeding the statutory maximum (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); (d) on conviction on indictment in Scotland, 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); (d) on conviction on indictment in Scotland, to imprisonment for a term not exceeding 2 years or a fine (or both).
Power to seize bladed articles¶
32 Power to seize bladed articles etc¶
33 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).
Sale and delivery of knives etc¶
34 Remote sales of knives etc: England and Wales¶
(4) Condition A is that, before the sale— (a) the seller either— (i) obtained from the buyer a copy of an identity document issued to the buyer in a physical form and a photograph of the buyer, or (ii) took such steps to verify the buyer’s age as may be prescribed in regulations made by the Secretary of State, and (b) on the basis of that copy and photograph or those steps, a reasonable person would have been satisfied that the buyer was aged 18 or over. (4A) For the purposes of subsection (4) an “identity document” means— (a) a United Kingdom passport (within the meaning of the Immigration Act 1971); (b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation; (c) a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 or under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)); (d) any other document specified in regulations made by the Secretary of State.
(10) Regulations made by the Secretary of State under this section are to be made by statutory instrument. (11) A statutory instrument containing (whether alone or with other provision) regulations under subsection (4)(a)(ii) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (12) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
35 Remote sale or letting of knives etc: Scotland¶
(5) Condition A is that, before the sale or letting on hire— (a) the accused either— (i) obtained from the recipient a copy of an identity document issued to the recipient in a physical form and a photograph of the recipient, or (ii) took such steps to verify the recipient’s age as may be prescribed in regulations made by the Scottish Ministers, and (b) on the basis of that copy and photograph or those steps, a reasonable person would have been satisfied that the recipient was aged 18 or over. (5A) For the purposes of subsection (5) an “identity document” means— (a) a United Kingdom passport (within the meaning of the Immigration Act 1971); (b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation; (c) a licence to drive a motor vehicle— (i) granted under Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)), or (ii) issued in the form of a photocard by a member State; (d) any other document specified in regulations made by the Scottish Ministers.
(11) Regulations made by the Scottish Ministers under subsection (5)(a)(ii) are subject to the affirmative procedure. (12) Regulations made by the Scottish Ministers under subsection (5A)(d) are subject to the negative procedure. (13) For the meaning of “affirmative procedure” and “negative procedure” see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).
.(a) a United Kingdom passport (within the meaning of the Immigration Act 1971); (aa) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation; (b) a licence to drive a motor vehicle— (i) granted under Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)), or (ii) issued in the form of a photocard by a member State;
36 Remote sale of knives etc: Northern Ireland¶
(4) Condition A is that, before the sale— (a) the seller either— (i) obtained from the buyer a copy of an identity document issued to the buyer in a physical form and a photograph of the buyer, or (ii) took such steps to verify the buyer’s age as may be prescribed in an order made by the Department of Justice, and (b) on the basis of that copy and photograph or those steps, a reasonable person would have been satisfied that the buyer was aged 18 or over. (4A) For the purposes of paragraph (4) an “identity document” means— (a) a United Kingdom passport (within the meaning of the Immigration Act 1971); (b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation; (c) a licence to drive a motor vehicle granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) or Part 3 of the Road Traffic Act 1988; (d) any other document specified in an order made by the Department of Justice.
37 Delivery of knives etc¶
(c) on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both; (d) on conviction on indictment in Scotland, to imprisonment for a term not exceeding 6 months, to a fine or to both.
;(c) before the sale, the seller entered into an arrangement with a person (“the contractor”) by which the contractor agreed— (i) to deliver bladed products for the seller, or (ii) to arrange the delivery of bladed products for the seller, (d) the contractor was aware when they entered into the arrangement with the seller that it covered delivering, or arranging the delivery of, bladed products, and (e) pursuant to that arrangement, the bladed product is finally delivered to residential premises by the contractor or a person acting on the contractor’s behalf.
;(6) The contractor commits an offence if, when the bladed product is finally delivered to residential premises by the contractor or a person acting on the contractor’s behalf, it is not delivered into the hands of a person who— (a) is aged 18 or over, and (b) if the buyer is an individual, is the buyer. (6A) A person acting on the contractor’s behalf commits an offence if— (a) the bladed product is finally delivered to residential premises by that person or another person acting on the contractor’s behalf, and (b) it is not delivered into the hands of a person who— (i) is aged 18 or over, and (ii) if the buyer is an individual, is the buyer. (6B) For the purposes of this section, a person acts on the contractor’s behalf if the person acts in relation to the bladed product pursuant to a relevant arrangement with— (a) the contractor, or (b) a person who acts on the contractor’s behalf. (6C) A “relevant arrangement” is an arrangement entered into before the sale of the bladed product by which the person agreed to finally deliver, or to arrange for the final delivery of, bladed products (whether or not the person was aware that the arrangement covered bladed products).
.(c) on summary conviction in Scotland, to a fine not exceeding the statutory maximum; (d) on conviction on indictment in Scotland, to a fine.
40 Defences to offence under section 38 or 39
(1) It is a defence for a person charged with an offence under section 38(2) of delivering a bladed product to residential premises to show that the delivery conditions were met. (2) It is a defence for a person (“the seller”) charged with an offence under section 38(2) of arranging for the delivery of a bladed product to residential premises to show that— (a) the arrangement required the person with whom it was made not to finally deliver the bladed product unless the delivery conditions were met, and (b) the seller took all reasonable precautions and exercised all due diligence to ensure that the product would not be finally delivered unless the delivery conditions were met. (3) It is a defence for a person charged with an offence under section 38(3) to show that they took all reasonable precautions and exercised all due diligence to avoid commission of the offence. (4) It is a defence for a person charged with an offence under section 39(6) or (6A) to show that the delivery conditions were met. (5) It is a defence for a person charged with an offence under section 39(6) or (6A) who did not finally deliver the bladed product to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence. (6) It is a defence for a person charged with an offence under section 39(6A) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a bladed product. (7) The delivery conditions are that— (a) the person finally delivering the bladed product— (i) was shown by the person (“P”) into whose hands it was finally delivered an identity document issued to P in a physical form, or (ii) took such steps to verify P’s age and identity as may be prescribed in regulations made by the appropriate national authority, and (b) on the basis of that document or those steps a reasonable person would have been satisfied— (i) that P was over 18, and (ii) if the buyer was an individual, that P was the buyer. (8) In subsection (7) “identity document” means— (a) a United Kingdom passport (within the meaning of the Immigration Act 1971); (b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation; (c) a relevant driving licence; (d) any other document specified in regulations made by the appropriate national authority. (9) In subsection (8)(c) “relevant driving licence” means— (a) in relation to England and Wales and Northern Ireland, a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)); (b) in relation to Scotland, a licence to drive a motor vehicle— (i) granted under Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)), or (ii) issued in the form of a photocard by a member State.
40A Offence of UK seller delivering etc bladed product to collection point
(1) This section applies if— (a) a person (“the seller”) sells a bladed product to another person (“the buyer”), and (b) the seller and the buyer are not in each other’s presence at the time of the sale and the seller is within the United Kingdom at that time. (2) The seller commits an offence if, for the purposes of supplying the bladed product to the buyer, the seller— (a) delivers the bladed product to a collection point, or (b) arranges for the bladed product to be delivered to a collection point. (3) It is a defence for a person charged with an offence under subsection (2)(a) to show that— (a) when the package containing the bladed product was delivered to the collection point, it was clearly marked to indicate that it contained a bladed product and should only be given into the hands of a person who— (i) is aged 18 or over, and (ii) if the buyer is an individual, is the buyer, and (b) they took all reasonable precautions and exercised all due diligence to ensure that the package containing the bladed product would be given into the hands of such a person. (4) It is a defence for a person charged with an offence under subsection (2)(b) to show that— (a) when the package containing the bladed product was given to the person with whom the arrangement was made, it was clearly marked to indicate that it contained a bladed product and should only be given into the hands of a person who— (i) is aged 18 or over, and (ii) if the buyer is an individual, is the buyer, and (b) they took all reasonable precautions and exercised all due diligence to ensure that the package containing the bladed product would be given into the hands of such a person. (5) A person guilty of an offence under this section is liable— (a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale; (c) on summary conviction in Scotland, to a fine not exceeding the statutory maximum; (d) on conviction on indictment in Scotland, to a fine. (6) “Collection point” means a place— (a) from which the bladed product may be collected by the buyer or a person acting on behalf of the buyer, and (b) where on collection the bladed product is given by an individual to the buyer or a person acting on behalf of the buyer. 40B Offence of contractor delivering bladed product sold by UK seller to collection point
(1) This section applies if— (a) a person (“the seller”) sells a bladed product to another person (“the buyer”), (b) the seller and the buyer are not in each other’s presence at the time of the sale and the seller is within the United Kingdom at that time, (c) before the sale the seller entered into an arrangement with a person (“the contractor”) by which the contractor agreed— (i) to deliver bladed products for the seller, or (ii) to arrange the delivery of bladed products for the seller, and (d) the contractor was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, bladed products. (2) The contractor commits an offence if, pursuant to the arrangement, they deliver, or a person acting on their behalf delivers, a bladed product to a collection point. (3) A person who acts on the contractor’s behalf commits an offence if they deliver, or another person acting on the contractor’s behalf delivers, the bladed product to a collection point. (4) For the purposes of this section, a person acts on the contractor’s behalf if the person acts in relation to the bladed product pursuant to a relevant arrangement with— (a) the contractor, or (b) a person who acts on the contractor’s behalf. (5) A “relevant arrangement” is an arrangement entered into before the sale of the bladed product by which the person agreed to deliver, or to arrange for the delivery of, bladed products (whether or not the person was aware that the arrangement covered bladed products). (6) It is a defence for a person charged with an offence under this section to show that— (a) when they delivered the package containing the bladed product to the collection point or to a person acting on the contractor’s behalf, the package was clearly marked to indicate that it contained a bladed product and should only be given into the hands of a person who— (i) is aged 18 or over, and (ii) if the buyer is an individual, is the buyer, and (b) they took all reasonable precautions and exercised all due diligence to ensure that the package containing the bladed product would be given into the hands of such a person. (7) It is a defence for a person charged with an offence under this section to show that the person did not know, and a reasonable person would not have known, that the product was a bladed product. (8) A person guilty of an offence under this section is liable— (a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale; (c) on summary conviction in Scotland, to a fine not exceeding the statutory maximum; (d) on conviction on indictment in Scotland, to a fine. (9) “Collection point” has the meaning given in section 40A. 40C Handing over bladed products sold by UK seller at collection point
(1) This section applies if— (a) a person (“the seller”) sells a bladed product to another person (“the buyer”), (b) the seller and the buyer are not in each other’s presence at the time of the sale and the seller is within the United Kingdom at that time, (c) the bladed product is delivered to a collection point, and (d) condition A or condition B is satisfied. (2) Condition A is that— (a) the delivery is pursuant to an arrangement entered into before the delivery by— (i) the person operating the collection point (“the operator”), and (ii) the seller or the person delivering the bladed product to the collection point, and (b) the operator was aware when they entered into the arrangement that it covered the delivery to the collection point of bladed products. (3) Condition B is that the seller is the operator. (4) The operator commits an offence if the operator (or a person acting on behalf of the operator)— (a) gives the bladed product to a person collecting it, but (b) does not give it into the hands of an eligible person. (5) A person acting on behalf of the operator commits an offence if they— (a) give the bladed product to a person collecting it, but (b) do not give it into the hands of an eligible person. (6) “Eligible person” means a person who— (a) is aged 18 or over, and (b) if the buyer is an individual, is the buyer. (7) It is a defence for a person charged with an offence under subsection (4) or (5) to show that the collection conditions were met. (8) The collection conditions are that— (a) the individual giving the bladed product to the person (“P”) collecting it— (i) was shown by P an identity document issued to P in a physical form, or (ii) took such steps to verify P’s age and identity as may be prescribed in regulations made by the appropriate national authority, and (b) on the basis of that document or those steps a reasonable person would have been satisfied— (i) that P was over 18, and (ii) if the buyer was an individual, that P was the buyer. (9) It is a defence for a person charged with an offence under subsection (4) or (5) to show that the person did not know, and a reasonable person would not have known, that the product was a bladed product. (10) A person guilty of an offence under this section is liable— (a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale; (c) on summary conviction in Scotland, to a fine not exceeding the statutory maximum; (d) on conviction on indictment in Scotland, to a fine. (11) In this section— collection point has the meaning given in section 40A; identity document has the meaning given in section 40. 40D Further defences to offences under sections 38 to 40C
The appropriate national authority may by regulations provide for other defences for a person charged with an offence under any of sections 38 to 40C.
;(c) before the sale, the seller entered into an arrangement with a person (“the contractor”) by which the contractor agreed— (i) to deliver bladed articles for the seller, or (ii) to arrange the delivery of bladed articles for the seller, (d) the contractor was aware when they entered into the arrangement with the seller that it covered delivering, or arranging the delivery of, bladed articles, and (e) pursuant to that arrangement, the bladed article is finally delivered by the contractor or a person acting on the contractor’s behalf.
;(4) The contractor commits an offence if, when the bladed article is finally delivered by the contractor or a person acting on the contractor’s behalf, it is not delivered into the hands of a person who— (a) is aged 18 or over, and (b) if the buyer is an individual, is the buyer. (4A) A person acting on the contractor’s behalf commits an offence if— (a) the bladed article is finally delivered by that person or another person acting on the contractor’s behalf, and (b) it is not delivered into the hands of a person who— (i) is aged 18 or over, and (ii) if the buyer is an individual, is the buyer. (4B) It is a defence for a person charged with an offence under subsection (4) or (4A) to show that the delivery conditions were met. (4C) It is a defence for a person charged with an offence under subsection (4) or (4A) who did not finally deliver the bladed article to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence. (4D) It is a defence for a person charged with an offence under subsection (4A) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a bladed article. (4E) For the purposes of this section a person acts on the contractor’s behalf if the person acts in relation to the bladed article pursuant to a relevant arrangement with— (a) the contractor, or (b) a person who acts on the contractor’s behalf. (4F) A “relevant arrangement” is an arrangement entered into before the sale of the bladed article by which the person agreed to finally deliver, or to arrange for the final delivery of, bladed articles (whether or not the person was aware that the arrangement covered bladed articles). (4G) In this section the “delivery conditions” has the meaning given by section 40(7).
(c) on summary conviction in Scotland, to a fine not exceeding the statutory maximum; (d) on conviction on indictment in Scotland, to a fine.
.42A Interpretation of sections 38 to 42
(1) This section applies for the interpretation of sections 38 to 42. (2) A person (“A”) is not in the presence of another person (“B”) at any time if— (a) where A is an individual, A or a person acting on behalf of A is not in the presence of B at that time; (b) where A is not an individual, a person acting on behalf of A is not in the presence of B at that time. (3) A person other than an individual— (a) is within the United Kingdom at any time, if the person carries on a business of selling articles of any kind from premises in any part of the United Kingdom at that time; (b) is outside the United Kingdom at any time, if the person does not carry on a business of selling articles of any kind from premises in any part of the United Kingdom at that time. (4) The “appropriate national authority” is— (a) in relation to England and Wales, the Secretary of State; (b) in relation to Scotland, the Scottish Ministers; (c) in relation to Northern Ireland, the Department of Justice in Northern Ireland. (5) A person charged with an offence is to be taken to have shown a matter if— (a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and (b) the contrary is not proved beyond reasonable doubt.
(2A) A statutory instrument containing regulations under section 40(8)(d) made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.
(6A) Regulations made by the Department of Justice under section 40(8)(d) are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954.
Sale and delivery of crossbows¶
38 Remote sale and letting of crossbows¶
.1ZA Defence to offence under section 1: England and Wales
Except where section 1B applies, it is a defence for a person charged in England and Wales with an offence under section 1 to show that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
;(a) a United Kingdom passport (within the meaning of the Immigration Act 1971), (b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation, (c) a licence to drive a motor vehicle— (i) granted under Part 3 of the Road Traffic 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)), or (ii) issued in the form of a photocard by a member State, or
1B Defence to offence under section 1: remote sales etc
(1) This section applies if— (a) a person (“A”) is charged with an offence under section 1, and (b) A was not in the presence of the person (“B”) to whom the crossbow or part of a crossbow was sold or let on hire at the time of the sale or letting on hire. (2) It is a defence for A to show that the following conditions are met. (3) Condition 1 is that, before the sale or letting on hire— (a) A either— (i) obtained from B a copy of an identity document issued to B in a physical form and a photograph of B, or (ii) took such steps to verify B’s age as may be prescribed in regulations made by the relevant national authority, and (b) on the basis of that copy and photograph or those steps, a reasonable person would have been satisfied that B was aged 18 or over. (4) For the purposes of subsection (3) an “identity document” means— (a) a United Kingdom passport (within the meaning of the Immigration Act 1971); (b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation; (c) a relevant driving licence; (d) any other document specified in regulations made by the relevant national authority. (5) In subsection (4)(c) a “relevant driving licence” means— (a) in relation to England and Wales, a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)); (b) in relation to Scotland, a licence to drive a motor vehicle— (i) granted under Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)), or (ii) issued in the form of a photocard by a member State. (6) Condition 2 is that when the package containing the crossbow or part of a crossbow was dispatched by A, it was clearly marked to indicate— (a) that it contained a crossbow or part of a crossbow, and (b) that, when finally delivered, it should only be delivered into the hands of B. (7) Condition 3 is that A took all reasonable precautions and exercised all due diligence to ensure that, when finally delivered, the package would be delivered into the hands of B. (8) Condition 4 is that A did not deliver the package, or arrange for its delivery, to a locker. (9) Where the crossbow or part of a crossbow was dispatched by A to a place from which it was to be collected by B, references in subsections (6) and (7) to its final delivery are to be read as its supply to B from that place. (10) In subsection (8) “locker” means a lockable container to which the package is delivered with a view to its collection by B, or a person acting on behalf of B, in accordance with arrangements made between A and B.
39 Delivery of crossbows¶
In the Crossbows Act 1987, after section 1B (inserted by section 38) insert—1C Offence of seller etc delivering crossbows or parts of crossbows to residential premises
(1) This section applies if— (a) a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”), and (b) A and B are not in each other's presence at the time of the sale. (2) A commits an offence if, for the purposes of supplying the crossbow or part of a crossbow to B, A— (a) delivers the crossbow or part of a crossbow to residential premises, or (b) arranges for its delivery to residential premises. (3) A commits an offence if, for the purposes of supplying the crossbow or part of a crossbow to B, A— (a) delivers the crossbow or part of a crossbow to a locker, or (b) arranges for its delivery to a locker. (4) In subsection (3) “locker” means a lockable container to which the crossbow or part of a crossbow is delivered with a view to its collection by B, or a person acting on behalf of B, in accordance with arrangements made between A and B. (5) A person guilty of an offence under this section is liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences 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 the statutory maximum (or both); (c) on conviction on indictment in Scotland, to imprisonment for a term not exceeding 6 months or a fine (or both). (6) 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. 1D Defences to offences under section 1C
(1) It is a defence for a person charged with an offence under section 1C(2)(a) to show that the delivery conditions were met. (2) It is a defence for a person charged with an offence under section 1C(2)(b) to show that— (a) the arrangement required the person with whom it was made not to finally deliver the crossbow or part of a crossbow unless the delivery conditions were met, and (b) the person charged with the offence took all reasonable precautions and exercised all due diligence to ensure that the crossbow or part of a crossbow would not be finally delivered unless the delivery conditions were met. (3) It is a defence for a person charged with an offence under section 1C(3) to show that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. (4) For the purposes of this section the delivery conditions are that— (a) the person finally delivering the crossbow or part of a crossbow— (i) was shown by the person (“P”) into whose hands it was finally delivered an identity document issued to P in a physical form, or (ii) took such steps to verify P’s age and identity as may be prescribed in regulations made by the relevant national authority, and (b) on the basis of that document or those steps a reasonable person would have been satisfied— (i) that P was aged 18 or over, and (ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire was an individual, that P was that individual. (5) “Identity document” has the same meaning as in section 1B(4). (6) The relevant national authority may by regulations provide for other defences for a person charged with an offence under section 1C. 1E Offence of contractor delivering crossbows or parts of crossbows to residential premises on behalf of UK seller
(1) This section applies if— (a) a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”), (b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time, (c) before the sale or letting on hire A entered into an arrangement with a person (“C”) by which C agreed— (i) to deliver crossbows or parts of crossbows for A, or (ii) to arrange the delivery of crossbows or parts of crossbows for A, (d) C was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, crossbows or parts of crossbows, and (e) pursuant to the arrangement, C or a person acting on C’s behalf finally delivers the crossbow or part of a crossbow to residential premises. (2) C commits an offence if, when the crossbow or part of a crossbow is finally delivered to residential premises by C or a person acting on C’s behalf, it is not delivered into the hands of a person who— (a) is aged 18 or over, and (b) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual. (3) A person acting on C’s behalf commits an offence if— (a) the crossbow or part of a crossbow is finally delivered to residential premises by that person or another person acting on C’s behalf, and (b) it is not delivered into the hands of a person who— (i) is aged 18 or over, and (ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual. (4) It is a defence for a person charged with an offence under subsection (2) or (3) to show that the delivery conditions (within the meaning of section 1D(4)) were met. (5) It is a defence for a person charged with an offence under subsection (2) or (3) who did not finally deliver the crossbow or part of a crossbow to residential premises to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence. (6) It is a defence for a person charged with an offence under subsection (3) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a crossbow or part of a crossbow. (7) For the purposes of this section a person acts on C’s behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with— (a) C, or (b) a person who acts on C’s behalf. (8) A “relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to finally deliver, or to arrange for the final delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows). (9) The relevant national authority may by regulations provide for other defences for a person charged with an offence under this section. (10) A person guilty of an offence under this section is liable— (a) on summary conviction in England and Wales, to a fine (b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum; (c) on conviction on indictment in Scotland, to a fine. 1F Offence of UK seller etc delivering crossbows or parts of crossbows to collection point
(1) This section applies if— (a) a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”), and (b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time. (2) A commits an offence if, for the purposes of supplying the crossbow or part of a crossbow to B, A— (a) delivers the crossbow or part of a crossbow to a collection point, or (b) arranges for the crossbow or part of a crossbow to be delivered to a collection point. (3) It is a defence for a person charged with an offence under subsection (2)(a) to show that— (a) when the package containing the crossbow or part of a crossbow was delivered to the collection point, it was clearly marked to indicate that it contained a crossbow or a part of a crossbow and should only be given into the hands of a person who— (i) is aged 18 or over, and (ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual, and (b) the person charged with the offence took all reasonable precautions and exercised all due diligence to ensure that the package containing the crossbow or part of a crossbow would be given into the hands of such a person. (4) It is a defence for a person charged with an offence under subsection (2)(b) to show that— (a) when the package containing the crossbow or part of a crossbow was given to the person with whom the arrangement was made, it was clearly marked to indicate that it contained a crossbow or part of a crossbow and should only be given into the hands of a person who— (i) is aged 18 or over, and (ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual, and (b) the person charged with the offence took all reasonable precautions and exercised all due diligence to ensure that the package containing the crossbow or part of a crossbow would be given into the hands of such a person. (5) A person guilty of an offence under this section is liable— (a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum; (c) on conviction on indictment in Scotland, to a fine. (6) “Collection point” means a place— (a) from which the crossbow or part of a crossbow may be collected by the person to whom the crossbow or part of a crossbow was sold or let on hire or a person acting on behalf of that person, and (b) where on collection the crossbow or part of a crossbow is given by an individual to the person to whom the crossbow or part of a crossbow was sold or let on hire, or a person acting on behalf of that person. (7) The relevant national authority may by regulations provide for other defences for a person charged with an offence under this section. 1G Offence of contractor delivering crossbows or parts of crossbows to collection point
(1) This section applies if— (a) a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”), (b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time, (c) before the sale or letting on hire A entered into an arrangement with a person (“C”) by which C agreed— (i) to deliver crossbows or parts of crossbows for A, or (ii) to arrange the delivery of crossbows or parts of crossbows for A, and (d) C was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, crossbows or parts of crossbows. (2) C commits an offence if, pursuant to the arrangement, C or a person acting on C’s behalf delivers the crossbow or part of a crossbow to a collection point. (3) A person acting on C’s behalf commits an offence if, pursuant to the arrangement, that person or another person acting on C’s behalf delivers the crossbow or part of a crossbow to a collection point. (4) For the purposes of this section, a person acts on C’s behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with— (a) C, or (b) a person who acts on C’s behalf. (5) A “relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to deliver, or to arrange for the delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows). (6) It is a defence for a person charged with an offence under this section to show that— (a) when they delivered the package containing the crossbow or part of a crossbow to the collection point or a person acting on C’s behalf, the package was clearly marked to indicate that it contained a crossbow or part of a crossbow and should only be given into the hands of a person who— (i) is aged 18 or over, and (ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual, and (b) they took all reasonable precautions and exercised all due diligence to ensure that the package containing the crossbow or part of a crossbow would be given into the hands of such a person. (7) It is a defence for a person charged with an offence under this section to show that the person did not know, and a reasonable person would not have known, that the product was a crossbow or part of a crossbow. (8) A person guilty of an offence under this section is liable— (a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum; (c) on conviction on indictment in Scotland, to a fine. (9) “Collection point” has the meaning given in section 1F. (10) The relevant national authority may by regulations provide for other defences for a person charged with an offence under this section. 1H Handing over crossbows or parts of crossbows at collection point
(1) This section applies if— (a) a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”), (b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time, (c) the crossbow or part of a crossbow is delivered to a collection point, and (d) condition A or condition B is satisfied. (2) Condition A is that— (a) the delivery is pursuant to an arrangement entered into before the delivery by— (i) the person operating the collection point (“the operator”), and (ii) A or the person delivering the crossbow or part of a crossbow to the collection point, and (b) the operator was aware when they entered into the arrangement that it covered the delivery to the collection point of crossbows or parts of crossbows. (3) Condition B is that A is the operator. (4) The operator commits an offence if the operator (or a person acting on behalf of the operator)— (a) gives the crossbow or part of a crossbow to a person collecting it, but (b) does not give it into the hands of an eligible person. (5) A person acting on behalf of the operator commits an offence if they— (a) give the crossbow or part of a crossbow to a person collecting it, but (b) do not give it into the hands of an eligible person. (6) “Eligible person” means a person who— (a) is aged 18 or over, and (b) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual. (7) It is a defence for a person charged with an offence under subsection (4) or (5) to show that the collection conditions were met. (8) The collection conditions are that— (a) the individual giving the crossbow of part of a crossbow to the person (“P”) collecting it— (i) was shown by P an identity document issued to P in a physical form, or (ii) took such steps to verify P’s age and identity as may be prescribed in regulations made by the relevant national authority, and (b) on the basis of that document or those steps a reasonable person would have been satisfied— (i) that P was aged 18 or over, and (ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire was an individual, that P was that individual. (9) It is a defence for a person charged with an offence under subsection (4) or (5) to show that the person did not know, and a reasonable person would not have known, that the product was a crossbow or part of a crossbow. (10) A person guilty of an offence under this section is liable— (a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum; (c) on conviction on indictment in Scotland, to a fine. (11) In this section— collection point has the meaning given in section 1F; identity document has the meaning given in section 1B(4). (12) The relevant national authority may by regulations provide for other defences for a person charged with an offence under this section. 1I Offence of contractor delivering crossbows or parts of crossbows on behalf of non-UK seller
(1) This section applies if— (a) a person (“A”) sells or lets for hire a crossbow or part of a crossbow to another person (“B”), (b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is outside the United Kingdom at that time, (c) before the sale or letting on hire A entered into an arrangement with a person (“C”) by which C agreed— (i) to deliver crossbows or parts of crossbows for A, or (ii) to arrange the delivery of crossbows or parts of crossbows for A, (d) C was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, crossbows or parts of crossbows, and (e) pursuant to the arrangement, C or a person acting on C’s behalf finally delivers the crossbow or part of a crossbow. (2) C commits an offence if, when the crossbow or part of a crossbow is finally delivered by C or a person acting on C’s behalf, it is not delivered into the hands of a person who— (a) is aged 18 or over, and (b) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual. (3) A person acting on C’s behalf commits an offence if— (a) the crossbow or part of a crossbow is finally delivered by that person or another person acting on C’s behalf, and (b) it is not delivered into the hands of a person who— (i) is aged 18 or over, and (ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual. (4) A person guilty of an offence under this section is liable— (a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum; (c) on conviction on indictment in Scotland, to a fine. (5) It is a defence for a person charged with an offence under subsection (2) or (3) to show that the delivery conditions (within the meaning of section 1D(4)) were met. (6) It is a defence for a person charged with an offence under subsection (2) or (3) who did not finally deliver the crossbow or part of a crossbow to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence. (7) It is a defence for a person charged with an offence under subsection (3) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a crossbow or part of a crossbow. (8) For the purposes of this section a person acts on C’s behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with— (a) C, or (b) a person who acts on C’s behalf. (9) A “relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to finally deliver, or to arrange for the final delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows).
40 Sale and delivery of crossbows: supplementary provision¶
1J Interpretation of sections 1B to 1I
(1) This section applies for the interpretation of sections 1B to 1I. (2) “Relevant national authority” means— (a) in relation to England and Wales, the Secretary of State; (b) in relation to Scotland, the Scottish Ministers. (3) A person (“A”) is not in the presence of another person (“B”) at any time if— (a) where A is an individual, A or a person acting on behalf of A is not in the presence of B at that time; (b) where A is not an individual, a person acting on behalf of A is not in the presence of B at that time. (4) A person other than an individual— (a) is within the United Kingdom at any time, if the person carries on a business of selling or letting on hire articles of any kind from premises in any part of the United Kingdom at that time; (b) is outside the United Kingdom at any time, if the person does not carry on a business of selling or letting on hire articles of any kind from premises in any part of the United Kingdom at that time. (5) “Residential premises” means premises used solely for residential purposes. (6) The circumstances where premises are not residential premises include, in particular, where a person carries on a business from the premises. (7) A person charged with an offence is taken to have shown a matter if— (a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and (b) the contrary is not proved beyond reasonable doubt.
6A Regulations
(1) Regulations made by the Secretary of State under this Act are to be made by statutory instrument. (2) The Secretary of State may not make a statutory instrument containing regulations under this Act, other than regulations under section 1B(4)(d), unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (3) A statutory instrument containing regulations made by the Secretary of State under section 1B(4)(d) is subject to annulment in pursuance of a resolution of either House of Parliament. (4) Regulations made by the Scottish Ministers under this Act, other than regulations under section 1B(4)(d), are subject to the affirmative procedure. (5) Regulations made by the Scottish Ministers under section 1B(4)(d) are subject to the negative procedure. (6) For the meaning of “affirmative procedure” and “negative procedure” see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).
.(gb) any of sections 1 to 3 of the Crossbows Act 1987 (sale etc of crossbows) as they have effect in relation to England and Wales,
.(aa) any of sections 1 to 3 of the Crossbows Act 1987 as they have effect in relation to Scotland,
41 Remote sale and letting of crossbows: Northern Ireland¶
.Defence to offence under Article 3
3A. Except where Article 3B applies, it is a defence for a person charged with an offence under Article 3 to show that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.Defence to offence under Article 3: remote sales etc
3B.(1) This Article applies if— (a) a person (“A”) is charged with an offence under Article 3, and (b) A was not in the presence of the person (“B”) to whom the crossbow or part of a crossbow was sold or let on hire at the time of the sale or letting on hire. (2) It is a defence for A to show that the following conditions are met. (3) Condition 1 is that, before the sale or letting on hire— (a) A either— (i) obtained from B a copy of an identity document issued to B in a physical form and a photograph of B, or (ii) took such steps to verify B’s age as may be prescribed in regulations made by the Department of Justice, and (b) on the basis of that copy and photograph or those steps, a reasonable person would have been satisfied that B was aged 18 or over. (4) For the purposes of paragraph (3) an “identity document” means— (a) a United Kingdom passport (within the meaning of the Immigration Act 1971); (b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation; (c) a licence to drive a motor vehicle granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) or Part 3 of the Road Traffic Act 1988; (d) any other document specified in regulations made by the Department of Justice. (5) Condition 2 is that when the package containing the crossbow or part of a crossbow was dispatched by A, it was clearly marked to indicate— (a) that it contained a crossbow or part of a crossbow, and (b) that, when finally delivered, it should only be delivered into the hands of B. (6) Condition 3 is that A took all reasonable precautions and exercised all due diligence to ensure that, when finally delivered, the package would be delivered into the hands of B. (7) Condition 4 is that A did not deliver the package, or arrange for its delivery, to a locker. (8) Where the crossbow or part of a crossbow was dispatched by A to a place from which it was to be collected by B, references in paragraphs (5) and (6) to its final delivery are to be read as its supply to B from that place. (9) In paragraph (7) “locker” means a lockable container to which the package is delivered with a view to its collection by B, or a person acting on behalf of B, in accordance with arrangements made between A and B.
42 Delivery of crossbows: Northern Ireland¶
In the Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)), after Article 3B (inserted by section 41) insert—Offence of seller etc delivering crossbows or parts of crossbows to residential premises
3C.(1) This Article applies if— (a) a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”), and (b) A and B are not in each other's presence at the time of the sale. (2) A commits an offence if, for the purposes of supplying the crossbow or part of a crossbow to B, A— (a) delivers the crossbow or part of a crossbow to residential premises, or (b) arranges for its delivery to residential premises. (3) A commits an offence if, for the purposes of supplying the crossbow or part of a crossbow to B, A— (a) delivers the crossbow or part of a crossbow to a locker, or (b) arranges for its delivery to a locker. (4) In paragraph (3) “locker” means a lockable container to which the crossbow or part of a crossbow is delivered with a view to its collection by B, or a person acting on B’s behalf, in accordance with arrangements made between A and B. Defences to offences under Article 3C
3D.(1) It is a defence for a person charged with an offence under Article 3C(2)(a) to show that the delivery conditions were met. (2) It is a defence for a person charged with an offence under Article 3C(2)(b) to show that— (a) the arrangement required the person with whom it was made not to finally deliver the crossbow or part of a crossbow unless the delivery conditions were met, and (b) the person charged with the offence took all reasonable precautions and exercised all due diligence to ensure that the crossbow or part of a crossbow would not be finally delivered unless the delivery conditions were met. (3) It is a defence for a person charged with an offence under Article 3C(3) to show that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. (4) For the purposes of this Article the delivery conditions are that— (a) the person finally delivering the crossbow or part of a crossbow— (i) was shown by the person (“P”) into whose hands it was finally delivered an identity document issued to P in a physical form, or (ii) took such steps to verify P’s age and identity as may be prescribed in regulations made by the Department of Justice, and (b) on the basis of that document or those steps, a reasonable person would have been satisfied— (i) that P was aged 18 or over, and (ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire was an individual, that P was that individual. (5) “Identity document” has the same meaning as in Article 3B(4). Offence of contractor delivering crossbows or parts of crossbows to residential premises on behalf of UK seller
3E.(1) This Article applies if— (a) a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”), (b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time, (c) before the sale or letting on hire A entered into an arrangement with a person (“C”) by which C agreed— (i) to deliver crossbows or parts of crossbows for A, or (ii) to arrange for the delivery of crossbows or parts of crossbows for A, (d) C was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, crossbows or parts of crossbows, and (e) pursuant to that arrangement, the crossbow or part of a crossbow is finally delivered to residential premises by C or a person acting on C’s behalf. (2) C commits an offence if, when the crossbow or part of a crossbow is finally delivered to residential premises by C or a person acting on C’s behalf, it is not delivered into the hands of a person who— (a) is aged 18 or over, and (b) if the person to whom the crossbow or part of the crossbow was sold or let on hire is an individual, is that individual. (3) A person acting on C’s behalf commits an offence if— (a) the crossbow or part of a crossbow is finally delivered to residential premises by that person or another person acting on C’s behalf, and (b) it is not delivered into the hands of a person who— (i) is aged 18 or over, and (ii) if the person to whom the crossbow or part of the crossbow was sold or let on hire is an individual, is that individual. (4) It is a defence for a person charged with an offence under paragraph (2) or (3) to show that the delivery conditions (within the meaning of Article 3D(4)) were met. (5) It is a defence for a person charged with an offence under paragraph (2) or (3) who did not finally deliver the crossbow or part of a crossbow to residential premises to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence. (6) It is a defence for a person charged with an offence under paragraph (3) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a crossbow or part of a crossbow. (7) For the purposes of this Article a person acts on C’s behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with— (a) C, or (b) a person who acts on C’s behalf. (8) A “relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to finally deliver, or to arrange for the final delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows). Offence of UK seller delivering crossbows or parts of crossbows to collection point
3F.(1) This Article applies if— (a) a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”), and (b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time. (2) A commits an offence if, for the purposes of supplying the crossbow or part of a crossbow to B, A— (a) delivers the crossbow or part of a crossbow to a collection point, or (b) arranges for the crossbow or part of a crossbow to be delivered to a collection point. (3) It is a defence for a person charged with an offence under paragraph (2)(a) to show that— (a) when the package containing the crossbow or part of a crossbow was delivered to the collection point, it was clearly marked to indicate that it contained a crossbow or part of a crossbow and should only be given into the hands of a person who— (i) is aged 18 or over, and (ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual, and (b) the person charged with the offence took all reasonable precautions and exercised all due diligence to ensure that the package containing the crossbow or part of a crossbow would be given into the hands of such a person. (4) It is a defence for a person charged with an offence under paragraph (2)(b) to show that— (a) when the package containing the crossbow or part of a crossbow was given to the person with whom the arrangement was made, it was clearly marked to indicate that it contained a crossbow or part of a crossbow and should only be given into the hands of a person who— (i) is aged 18 or over, and (ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual, and (b) the person charged with the offence took all reasonable precautions and exercised all due diligence to ensure that the package containing the crossbow or part of a crossbow would be given into the hands of such a person. (5) “Collection point” means a place— (a) from which the crossbow or part of a crossbow may be collected by the person to whom the crossbow or part of a crossbow was sold or let on hire or a person acting on that person’s behalf, and (b) where on collection the crossbow or part of a crossbow is given by an individual to the person to whom the crossbow or part of a crossbow was sold or let on hire, or a person acting on that person’s behalf. Offence of contractor delivering crossbows or parts of crossbows to collection point
3G.(1) This Article applies if— (a) a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”), (b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time, (c) before the sale or letting on hire A entered into an arrangement with a person (“C”) by which C agreed— (i) to deliver crossbows or parts of crossbows for A, or (ii) to arrange the delivery of crossbows or parts of crossbows for A, and (d) C was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, crossbows or parts of crossbows. (2) C commits an offence if, pursuant to the arrangement, C or a person acting on C’s behalf delivers the crossbow or part of a crossbow to a collection point. (3) A person acting on C’s behalf commits an offence if, pursuant to the arrangement, that person or another person acting on C’s behalf delivers the crossbow or part of a crossbow to a collection point. (4) It is a defence for a person charged with an offence under this Article to show that— (a) when they delivered the package containing the crossbow or part of a crossbow to the collection point or a person acting on C’s behalf, the package was clearly marked to indicate that it contained a crossbow or part of a crossbow and should only be given into the hands of a person who— (i) is aged 18 or over, and (ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual, and (b) they took all reasonable precautions and exercised all due diligence to ensure that the package containing the crossbow or part of a crossbow would be given into the hands of such a person. (5) It is a defence for a person charged with an offence under this Article to show that the person did not know, and a reasonable person would not have known, that the product was a crossbow or part of a crossbow. (6) For the purposes of this Article, a person acts on C’s behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with— (a) C, or (b) a person who acts on C’s behalf. (7) A “relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to deliver, or to arrange for the delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows). (8) “Collection point” has the meaning given in Article 3F. Offence of handing over crossbows or parts of crossbows at collection point
3H.(1) This Article applies if— (a) a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”), (b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time, (c) the crossbow or part of a crossbow is delivered to a collection point, and (d) condition A or condition B is satisfied. (2) Condition A is that— (a) the delivery is pursuant to an arrangement entered into before the delivery by— (i) the person operating the collection point (“the operator”), and (ii) A or the person delivering the crossbow or part of a crossbow to the collection point, and (b) the operator was aware when they entered into the arrangement that it covered the delivery to the collection point of crossbows or parts of crossbows. (3) Condition B is that A is the operator. (4) The operator commits an offence if the operator (or a person acting on the operator’s behalf)— (a) gives the crossbow or part of a crossbow to a person collecting it, but (b) does not give it into the hands of an eligible person. (5) A person acting on the operator’s behalf commits an offence if they— (a) give the crossbow or part of a crossbow to a person collecting it, but (b) do not give it into the hands of an eligible person. (6) “Eligible person” means a person who— (a) is aged 18 or over, and (b) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual. (7) It is a defence for a person charged with an offence under paragraph (4) or (5) to show that the collection conditions were met. (8) The collection conditions are that— (a) the individual giving the crossbow or part of a crossbow to the person (“P”) collecting it — (i) was shown by P an identity document issued to P in a physical form, or (ii) took such steps to verify P’s age and identity as may be prescribed in regulations made by the Department of Justice, and (b) on the basis of that document or those steps, a reasonable person would have been satisfied— (i) that P was aged 18 or over, and (ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire was an individual, that P was that individual. (9) It is a defence for a person charged with an offence under paragraph (4) or (5) to show that the person did not know, and a reasonable person would not have known, that the product was a crossbow or part of a crossbow. (10) In this Article— collection point has the meaning given in Article 3F; identity document has the meaning given in Article 3B(4). Offence of contractor delivering crossbows or parts of crossbows on behalf of non-UK seller
3I.(1) This Article applies if— (a) a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”), (b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is outside the United Kingdom at that time, (c) before the sale or letting on hire A entered into an arrangement with a person (“C”) by which C agreed— (i) to deliver crossbows or parts of crossbows for A, or (ii) to arrange the delivery of crossbows or parts of crossbows for A, (d) C was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, crossbows or parts of crossbows, and (e) the crossbow or part of a crossbow is finally delivered by C or a person acting on C’s behalf. (2) C commits an offence if, when the crossbow or part of a crossbow is finally delivered by C or a person acting on C’s behalf, it is not delivered into the hands of a person who— (a) is aged 18 or over, and (b) if the person to whom the crossbow or part of the crossbow was sold or let on hire is an individual, is that individual. (3) A person acting on C’s behalf commits an offence if — (a) the crossbow or part of a crossbow is finally delivered by that person or another person acting on C’s behalf, and (b) it is not delivered into the hands of a person who— (i) is aged 18 or over, and (ii) if the person to whom the crossbow or part of the crossbow was sold or let on hire is an individual, is that individual. (4) It is a defence for a person charged with an offence under paragraph (2) or (3) to show that the delivery conditions (within the meaning of Article 3D(4)) were met. (5) It is a defence for a person charged with an offence under paragraph (2) or (3) who did not finally deliver the crossbow or part of a crossbow to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence. (6) It is a defence for a person charged with an offence under paragraph (3) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a crossbow or part of a crossbow. (7) For the purposes of this Article a person acts on C’s behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with— (a) C, or (b) a person who acts on C’s behalf. (8) A “relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to finally deliver, or to arrange for the final delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows).
43 Sale and delivery of crossbows: Northern Ireland: supplementary provision¶
.Interpretation of Articles 3A to 3I
3J.(1) This Article applies for the interpretation of Articles 3A to 3I. (2) A person (“A”) is not in the presence of another person (“B”) at any time if— (a) where A is an individual, A or a person acting on behalf of A is not in the presence of B at that time; (b) where A is not an individual, a person acting on behalf of A is not in the presence of B at that time. (3) A person other than an individual— (a) is within the United Kingdom at any time if the person carries on a business of selling or letting on hire articles of any kind from premises in any part of the United Kingdom at that time; (b) is outside the United Kingdom at any time, if the person does not carry on a business of selling or letting on hire articles of any kind from premises in any part of the United Kingdom at that time. (4) “Residential premises” means premises used solely for residential purposes. (5) The circumstances where premises are not residential premises include, in particular, where a person carries on a business from the premises. (6) A person charged with an offence is to be taken to have shown a matter if— (a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and (b) the contrary is not proved beyond reasonable doubt. Power to create other defences by regulations
3K. The Department of Justice may by regulations provide for other defences for a person charged with an offence under any of Articles 3C, 3E, 3F, 3G or 3H.
(1A) A person guilty of an offence under Article 3C is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). (1B) A person guilty of an offence under Article 3E, 3F, 3G, 3H or 3I is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
.Regulations
9.(1) Regulations made by the Department of Justice under Article 3B(4)(d) are subject to negative resolution. (2) Regulations under any other provision of this Order may not be made by the Department of Justice unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.
.(da) any of Articles 3 to 3I of the Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)) (sale etc of crossbows),
Duty to report bulk sales of knives etc¶
44 Duty to report remote sales of knives etc in bulk: England and Wales and Scotland¶
141D Duty to report remote sales of knives etc in bulk
(1) A person (“the seller”) must, in accordance with requirements specified in regulations made by the Secretary of State by statutory instrument, report to the person specified in the regulations any reportable sales the seller makes of bladed articles. (2) A reportable sale of bladed articles occurs where the seller, in any of the ways set out in subsection (4), sells— (a) six or more bladed articles, none of which form a qualifying set of bladed articles; (b) two or more qualifying sets of bladed articles; (c) one or more qualifying sets of bladed articles and five or more bladed articles that do not form a qualifying set. (3) “Qualifying set of bladed articles” means three or more bladed articles packaged together for sale as a single item, where each bladed article is a different size or shape from the others. (4) The ways are— (a) in a single remote sale where the bladed articles are to be delivered to an address in the United Kingdom, or (b) in two or more remote sales in any period of 30 days— (i) to one person, where the bladed articles are to be delivered to one or more addresses in the United Kingdom, or (ii) to two or more persons, where the bladed articles are to be delivered to the same residential premises in the United Kingdom. (5) A sale of bladed articles is “remote” if the seller is not in the presence of the person (“the buyer”) to whom the bladed articles are sold at the time of the sale. (6) For the purposes of subsection (5) the seller is not in the presence of the buyer at the time of the sale if— (a) where the seller is an individual, the seller or a person acting on the seller’s behalf is not in the presence of the buyer at that time; (b) where the seller is not an individual, a person acting on the seller’s behalf is not in the presence of the buyer at that time. (7) A sale is not reportable if the buyer— (a) informs the seller that the buyer is carrying on a business, and (b) is— (i) registered for value added tax under the Value Added Tax Act 1994, or (ii) registered as a company under the Companies Act 2006. (8) A person who fails to comply with subsection (1) commits an offence. (9) It is a defence for a person charged with an offence under subsection (8) to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence. (10) A person is to be taken to have shown a matter for the purposes of this section if— (a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and (b) the contrary is not proved beyond reasonable doubt. (11) A person who commits an offence under subsection (8) is liable— (a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum; (c) on conviction on indictment in Scotland, to a fine. (12) In this section— bladed article means an article to which section 141A applies, other than a knife which does not have a sharp point and is designed for eating food; residential premises means premises used for residential purposes (whether or not also used for other purposes). (13) Regulations made by the Secretary of State under subsection (1) may in particular include requirements about— (a) how reports are to be made, (b) when reports to be made, and (c) the information reports must include. (14) A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament. (15) The Secretary of State may by regulations made by statutory instrument amend— (a) the number of bladed articles specified in subsection (2)(a); (b) the number of qualifying sets specified in subsection (2)(b); (c) the number of qualifying sets specified in subsection (2)(c); (d) the number of bladed articles specified in subsection (2)(c); (e) the period specified in subsection (4)(b). (16) A statutory instrument containing regulations under subsection (15) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (17) The Secretary of State must consult the Scottish Ministers before making regulations under this section.
;(ga) section 141D of that Act (duty to report remote sales of knives etc in bulk) as it has effect in relation to England and Wales,
.(da) section 141D of that Act as it has effect in relation to Scotland,
45 Duty to report remote sale of knives etc in bulk: Northern Ireland¶
54B Duty to report remote sales of knives etc in bulk
(1) A person (“the seller”) must, in accordance with requirements specified in an order made by the Department of Justice, report to the person specified in the order any reportable sales the seller makes of bladed articles. (2) A reportable sale of bladed articles occurs where the seller, in any of the ways set out in paragraph (4), sells— (a) six or more bladed articles, none of which form a qualifying set of bladed articles; (b) two or more qualifying sets of bladed articles; (c) one or more qualifying sets of bladed articles and five or more bladed articles that do not form a qualifying set. (3) “Qualifying set of bladed articles” means three or more bladed articles packaged together for sale as a single item, where each bladed article is a different size or shape from the others. (4) The ways are— (a) in a single remote sale where the bladed articles are to be delivered to an address in the United Kingdom, or (b) in two or more remote sales in any period of 30 days— (i) to one person, where the bladed articles are to be delivered to one or more addresses in the United Kingdom, or (ii) to two or more persons, where the bladed articles are to be delivered to the same residential premises in the United Kingdom. (5) A sale of bladed articles is “remote” if the seller is not in the presence of the person (“the buyer”) to whom the bladed articles are sold at the time of the sale. (6) For the purposes of paragraph (5) the seller is not in the presence of the buyer at the time of the sale if— (a) where the seller is an individual, the seller or a person acting on the seller’s behalf is not in the presence of the buyer at that time; (b) where the seller is not an individual, a person acting on the seller’s behalf is not in the presence of the buyer at that time. (7) A sale is not reportable if the buyer— (a) informs the seller that the buyer is carrying on a business, and (b) is— (i) registered for value added tax under the Value Added Tax Act 1994, or (ii) registered as a company under the Companies Act 2006. (8) A person who fails to comply with paragraph (1) commits an offence. (9) It is a defence for a person charged with an offence under paragraph (8) to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence. (10) A person is to be taken to have shown a matter for the purposes of this Article if— (a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and (b) the contrary is not proved beyond reasonable doubt. (11) A person who commits an offence under paragraph (8) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (12) In this section— (a) bladed article means an article to which Article 54 applies, other than a knife which does not have a sharp point and is designed for eating food; (b) residential premises means premises used for residential purposes (whether or not also used for other purposes). (13) An order made by the Department of Justice under paragraph (1) may in particular include requirements about— (a) how reports are to be made, (b) when reports to be made, and (c) the information reports must include. (14) The Department of Justice may by order amend— (a) the number of bladed articles specified in paragraph (2)(a); (b) the number of qualifying sets specified in paragraph (2)(b); (c) the number of qualifying sets specified in paragraph (2)(c); (d) the number of bladed articles specified in paragraph (2)(c); (e) the period specified in paragraph (4)(b).
(2) An order may not be made under Article 54B(14) unless a draft of the order has been laid before and approved by a resolution of the Northern Ireland Assembly.
.(fa) Article 54B of that Order (duty to report remote sales of knives etc in bulk),
Sound moderators¶
46 Application of Firearms Acts to sound moderators etc¶
2A Possession of a sound moderator or flash suppressor
(1) Subject to any exemption under this Act, it is an offence for a person to have in their possession a relevant accessory unless the person holds a firearm certificate or a shot gun certificate. (2) “Relevant accessory” means an accessory to a firearm to which section 1 applies which is designed or adapted to diminish the noise or flash caused by firing the firearm.
relevant accessory has the meaning given in section 2A;
.Section 2A
Possession of relevant accessory without certificate under this Act
Summary
A fine of level 3 on the standard scale
Part 3 — Retail crime¶
47 Assault of retail worker¶
.(ad) an offence under section 47 of the Crime and Policing Act 2026 (assault of retail worker);
48 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 47 of the Crime and Policing Act 2026 (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.
49 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¶
50 Child criminal exploitation¶
.Crime and Policing Act 2026 (c. 00)
36D An offence under any of the following provisions of the Crime and Policing Act 2026— section 50 (child criminal exploitation)
51 Proving an offence under section 50¶
Child criminal exploitation prevention orders made otherwise than on conviction¶
52 Power to make CCE prevention order¶
53 CCE prevention orders¶
Procedure¶
54 Applications for CCE prevention orders¶
55 Applications without notice¶
56 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 53(5) does not apply in relation to an interim CCE prevention order.
57 Procedural powers where no application made¶
Notification requirements¶
58 Notification requirements¶
Variation, discharge and appeals¶
59 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).
60 Appeals¶
Supplementary¶
61 Offence of breaching CCE prevention order¶
.(g) section 61(4) of the Crime and Policing Act 2026 (breach of CCE prevention order);
62 Offences relating to notifications¶
63 Special measures for witnesses¶
64 Interpretation and supplementary provision¶
CCE prevention orders on conviction¶
65 Orders made on conviction¶
Schedule 6 amends Part 11 of the Sentencing Code (behaviour orders) so as to enable courts dealing with offenders in respect of offences to make CCE prevention orders.CCE prevention orders: Scotland and Northern Ireland¶
66 Child criminal exploitation prevention orders: Scotland and Northern Ireland¶
Chapter 2 — Cuckooing¶
67 Controlling another’s home for criminal purposes¶
68 Section 67: interpretation¶
69 Power to amend definition of “relevant offence”¶
Chapter 3 — Internal concealment¶
70 Causing internal concealment of item for criminal purpose¶
.section 70 (causing internal concealment of item for criminal purpose)
Chapter 4 — Supplementary provision¶
71 Secretary of State guidance¶
72 Department of Justice guidance¶
73 Protections for witnesses, and lifestyle offences¶
(ba) an offence under section 50 of the Crime and Policing Act 2026 (child criminal exploitation); (bb) an offence under section 67 of that Act (controlling another’s home for criminal purposes); (bc) an offence under section 70 of that Act (causing internal concealment of item for criminal purpose);
(e) an offence under section 50 of the Crime and Policing Act 2026 (child criminal exploitation); (f) an offence under section 67 of that Act (controlling another’s home for criminal purposes); (g) an offence under section 70 of that Act (causing internal concealment of item for criminal purpose);
.(aa) an offence under section 50 of the Crime and Policing Act 2026 (child criminal exploitation); (ab) an offence under section 67 of that Act (controlling another’s home for criminal purposes); (ac) an offence under section 70 of that Act (causing internal concealment of item for criminal purpose);
;(e) an offence under section 50 of the Crime and Policing Act 2026 (child criminal exploitation); (f) an offence under section 67 of that Act (controlling another’s home for criminal purposes).
.(a) a slavery or human trafficking offence, (b) an offence under section 50 of the Crime and Policing Act 2026 (child criminal exploitation), or (c) an offence under section 67 of that Act (controlling another’s home for criminal purposes),
;(cf) an offence under section 50 of the Crime and Policing Act 2026 (child criminal exploitation); (cg) an offence under section 67 of that Act (controlling another’s home for criminal purposes);
;Exploitation of vulnerable persons
3B (1) An offence under section 50 of the Crime and Policing Act 2026 (child criminal exploitation). (2) An offence under section 67 of that Act (controlling another’s home for criminal purposes). (3) An offence under section 70 of that Act (causing internal concealment of item for criminal purpose).
Exploitation of vulnerable persons
3B (1) An offence under section 50 of the Crime and Policing Act 2026 (child criminal exploitation). (2) An offence under section 67 of that Act (controlling another’s home for criminal purposes).
Part 5 — Sexual offences and offenders¶
Chapter 1 — Child sexual abuse¶
74 Child sexual abuse image-generators: England and Wales¶
Creation of CSA material
46A Child sexual abuse image-generators
(1) It is an offence for a person— (a) to make or adapt a thing for use for creating, or facilitating the creation of, CSA images; (b) to possess, supply or offer to supply a thing (a “CSA image-generator”) which is made or adapted for use for creating, or facilitating the creation of, CSA images. (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— CSA image-generator has the meaning given by subsection (1)(b); CSA image means— (a) an indecent photograph or pseudo-photograph of a child, within the meaning of the Protection of Children Act 1978, or (b) 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; thing includes a program, information in electronic form and a 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 did the act which constituted the offence 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 did the act which constituted the offence 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) did the act which constituted the offence for the purposes of OFCOM’s exercise of any of its online safety functions. (2) An internet service provider does not commit an offence under section 46A by— (a) providing access to a communication network, or (b) transmitting, in a communication network, information provided by a user, if the provider does not— (i) initiate the transmission, (ii) select the recipient of the transmission, or (iii) select or modify the information contained in the transmission. (3) The references in subsection (2) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage— (a) is automatic, intermediate and transient, (b) is solely for the purpose of carrying out the transmission in the network, and (c) is for no longer than is reasonably necessary for the transmission. (4) An internet service provider does not commit an offence under section 46A by storing information provided by a user for transmission in a communication network if— (a) the storage of the information— (i) is automatic, intermediate and temporary, and (ii) is solely for the purpose of making more efficient the onward transmission of the information to other users at their request, and (b) the internet service provider— (i) does not modify the information, (ii) complies with any conditions attached to having access to the information, and (iii) on knowing of a matter within subsection (5), promptly removes the information or disables access to it. (5) The matters within this subsection are that— (a) the information at the initial source of the transmission has been removed from the network, (b) access to it has been disabled, or (c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information. (6) An internet service provider does not commit an offence under section 46A by storing information provided by a user who is not acting under the authority or control of the provider if— (a) when the information was provided the provider did not know that it was, or contained, a CSA image-generator, and (b) on knowing that the information was, or contained, a CSA image-generator, the provider promptly removed the information or disabled access to it. (7) Section 72(1) applies in relation to an act which, if done in England and Wales, would constitute an offence under section 46A as if references to a United Kingdom national included— (a) a body incorporated under the law of any part of the United Kingdom, or (b) an unincorporated association formed under the law of any part of the United Kingdom. (8) Section 46A(6) applies for the purposes of this section. (9) 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; (d) internet service provider means a provider of— (i) a service that is made available by means of the internet, or (ii) a service that provides access to the internet; (e) user, in relation to an internet service provider, means a user of a service provided by the internet service provider. 46C Liability for offence under section 46A committed by a body
(1) This section applies where an offence under section 46A is committed by a body. (2) If the offence is committed with the consent or connivance of— (a) a relevant person in relation to the body, or (b) a person purporting to act in the capacity of a relevant person in relation to the body, the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.(3) In this section— body means a body corporate, a partnership or an unincorporated association other than a partnership; relevant person, in relation to a body, means— (a) in the case of a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body; (b) in the case of a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it; (c) in the case of a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907); (d) in the case of any other partnership, a partner; (e) in the case of an unincorporated association other than a partnership, a person who exercises functions of management with respect to it.
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.
.section 46A (child sexual abuse image-generators)
75 Child sexual abuse image-generators: Northern Ireland¶
Creation of CSA material
42A Child sexual abuse image-generators
(1) It is an offence for a person— (a) to make or adapt a thing for use for creating, or facilitating the creation of, CSA images; (b) to possess, supply or offer to supply a thing (a “CSA image-generator”) which is made or adapted for use for creating, or facilitating the creation of, CSA images. (2) It is a defence for a person charged with an offence under this Article 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 Article 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 Article 42B. (5) A person who commits an offence under this Article is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both); (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). (6) In this Article— CSA image-generator has the meaning given by subsection (1)(b); CSA image means— (a) an indecent photograph or pseudo-photograph of a child, within the meaning of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)); (b) 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; thing includes a program, information in electronic form and a service. 42B Article 42A: supplementary
(1) It is a defence for a person charged with an offence under Article 42A— (a) to prove that the person did the act which constituted the offence 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 did the act which constituted the offence 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) did the act which constituted the offence for the purposes of OFCOM’s exercise of any of its online safety functions. (2) An internet service provider does not commit an offence under Article 42A by— (a) providing access to a communication network, or (b) transmitting, in a communication network, information provided by a user, if the provider does not— (i) initiate the transmission, (ii) select the recipient of the transmission, or (iii) select or modify the information contained in the transmission. (3) The references in paragraph (2) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage— (a) is automatic, intermediate and transient, (b) is solely for the purpose of carrying out the transmission in the network, and (c) is for no longer than is reasonably necessary for the transmission. (4) An internet service provider does not commit an offence under Article 42A by storing information provided by a user for transmission in a communication network if— (a) the storage of the information— (i) is automatic, intermediate and temporary, and (ii) is solely for the purpose of making more efficient the onward transmission of the information to other users at their request, and (b) the internet service provider— (i) does not modify the information, (ii) complies with any conditions attached to having access to the information, and (iii) on knowing of a matter within paragraph (5), promptly removes the information or disables access to it. (5) The matters within this paragraph are that— (a) the information at the initial source of the transmission has been removed from the network, (b) access to it has been disabled, or (c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information. (6) An internet service provider does not commit an offence under Article 42A by storing information provided by a user who is not acting under the authority or control of the provider if— (a) when the information was provided the provider did not know that it was, or contained, a CSA image-generator, and (b) on knowing that the information was, or contained, a CSA image-generator, the provider promptly removed the information or disabled access to it. (7) Article 76(1) applies in relation to an act which, if done in Northern Ireland, would constitute an offence under Article 42A as if references to a United Kingdom national included— (a) a body incorporated under the law of any part of the United Kingdom, or (b) an unincorporated association formed under the law of any part of the United Kingdom. (8) Article 42A(6) applies for the purposes of this Article. (9) In this Article— (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; (d) “internet service provider” means a provider of— (i) a service that is made available by means of the internet, or (ii) a service that provides access to the internet; (e) user, in relation to an internet service provider, means a user of a service provided by the internet service provider. 42C Liability for an offence under Article 42A committed by a body
(1) This Article applies where an offence under Article 42A is committed by a body. (2) If the offence is committed with the consent or connivance of— (a) a relevant person in relation to the body, or (b) a person purporting to act in the capacity of a relevant person in relation to the body, the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.(3) In this Article— body means a body corporate, a partnership or an unincorporated association other than a partnership; relevant person, in relation to a body, means— (a) in the case of a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body; (b) in the case of a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it; (c) in the case of a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907); (d) in the case of any other partnership, a partner; (e) in the case of an unincorporated association other than a partnership, a person who exercises functions of management with respect to it.
92OA An offence under Article 42A of that Order (child sexual abuse image-generators) if the offender is sentenced in respect of the offence to imprisonment for a term of at least 6 months.
76 Child sexual abuse image-generators: Scotland¶
52D Child sexual abuse image generators
(1) It is an offence for a person— (a) to make or adapt a thing for use for creating, or facilitating the creation of, CSA images; (b) to possess, supply or offer to supply a thing (a “CSA image-generator”) which is made or adapted for use for creating, or facilitating the creation of, CSA images. (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 52E. (5) A person who commits an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both); (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). (6) In this section— CSA image-generator has the meaning given by subsection (1)(b); CSA image means an indecent photograph or pseudo-photograph of a child, within the meaning of section 52; thing includes a program, information in electronic form and a service. 52E Section 52D: supplementary
(1) It is a defence for a person charged with an offence under section 52D— (a) to prove that the person did the act which constituted the offence 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 did the act which constituted the offence 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) did the act which constituted the offence for the purposes of OFCOM’s exercise of any of its online safety functions. (2) An internet service provider does not commit an offence under section 52D by— (a) providing access to a communication network, or (b) transmitting, in a communication network, information provided by a user, if the provider does not— (i) initiate the transmission, (ii) select the recipient of the transmission, or (iii) select or modify the information contained in the transmission. (3) The references in subsection (2) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage— (a) is automatic, intermediate and transient, (b) is solely for the purpose of carrying out the transmission in the network, and (c) is for no longer than is reasonably necessary for the transmission. (4) An internet service provider does not commit an offence under section 52D by storing information provided by a user for transmission in a communication network if— (a) the storage of the information— (i) is automatic, intermediate and temporary, and (ii) is solely for the purpose of making more efficient the onward transmission of the information to other users at their request, and (b) the internet service provider— (i) does not modify the information, (ii) complies with any conditions attached to having access to the information, and (iii) on knowing of a matter within subsection (5), promptly removes the information or disables access to it. (5) The matters within this subsection are that— (a) the information at the initial source of the transmission has been removed from the network, (b) access to it has been disabled, or (c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information. (6) An internet service provider does not commit an offence under section 52D by storing information provided by a user who is not acting under the authority or control of the provider if— (a) when the information was provided the provider did not know that it was, or contained, a CSA image-generator, and (b) on knowing that the information was, or contained, a CSA image-generator, the provider promptly removed the information or disabled access to it. (7) Section 52D(6) applies for the purposes of this section. (8) 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; (d) “internet service provider” means a provider of— (i) a service that is made available by means of the internet, or (ii) a service that provides access to the internet; (e) “user”, in relation to an internet service provider, means a user of a service provided by the internet service provider.
46A An offence under section 52D of that 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.
;(7A) Subsection (1) applies to an act which, if done in Scotland, would constitute an offence under section 52D of the Civic Government (Scotland) Act 1982, as if references to a United Kingdom national included— (a) a body incorporated under the law of any part of the United Kingdom, or (b) an unincorporated association formed under the law of any part of the United Kingdom.
12A An offence under section 52D of that Act (child sexual abuse image-generators).
77 Possession of advice or guidance about creating etc CSA images: England and Wales and Northern Ireland¶
(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;
35A An offence under any of the following provisions of the Serious Crime Act 2015— section 69 (possession of paedophile manual) section 75A (strangulation or suffocation).
78 Possession of advice or guidance about child sexual abuse or CSA images: Scotland¶
41A Possession of advice or guidance about abusing children sexually or creating CSA images
(1) It is an offence to be in possession of any item that contains advice or guidance about abusing children sexually or creating CSA images. (2) “Abusing children sexually or creating CSA images” means doing anything that constitutes— (a) an offence under section 52 or 52D of the Civic Government (Scotland) Act 1982; (b) an offence under section 1, 2 or 7 of the Criminal Law Consolidation (Scotland) Act 1995 against a person under the age of 18; (c) an offence under section 10 of that Act; (d) an offence under section 1, or any of sections 9 to 12, of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005; (e) an offence under Part 1 or section 46 of the Sexual Offences (Scotland) Act 2009 against a person under the age of 18; (f) an offence under Part 4 or section 42 of that Act; (g) an offence under section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015 against a person under the age of 18 that is committed with a view to exploitation that consists of or includes behaviour within section 3(3), (4) or (5) of that Act (prostitution and sexual exploitation), or doing anything outside Scotland that would constitute such an offence if done in Scotland.(3) It is a defence for a person (D) charged with an offence under this section— (a) to prove that D had a legitimate reason for being in possession of the item; (b) to prove that— (i) D had not read, viewed or (as appropriate) listened to the item, and (ii) D did not know, and had no reason to suspect, that it contained advice or guidance about abusing children sexually or creating CSA images; or (c) to prove that— (i) the item was sent to D without any request made by D or on D’s behalf, and (ii) D did not keep it for an unreasonable time. (4) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding 3 years or to a fine, or to both. (5) In this section “item” includes anything in which information of any description is recorded. 41B Section 41A: supplementary provision
(1) A service provider does not commit an offence under section 41A by— (a) providing access to a communication network, or (b) transmitting, in a communication network, information provided by a user, if the provider does not— (i) initiate the transmission, (ii) select the recipient of the transmission, or (iii) select or modify the information contained in the transmission. (2) The references in subsection (1) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage— (a) is automatic, intermediate and transient, (b) is solely for the purpose of carrying out the transmission in the network, and (c) is for no longer than is reasonably necessary for the transmission. (3) A service provider does not commit an offence under section 41A by storing information provided by a user for transmission in a communication network if— (a) the storage of the information— (i) is automatic, intermediate and temporary, and (ii) is solely for the purpose of making more efficient the onward transmission of the information to other users at their request, and (b) the service provider— (i) does not modify the information, (ii) complies with any conditions attached to having access to the information, and (iii) on knowing of a matter within subsection (4), promptly removes the information or disables access to it. (4) The matters within this subsection are that— (a) the information at the initial source of the transmission has been removed from the network, (b) access to it has been disabled, or (c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information. (5) A service provider does not commit an offence under section 41A by storing information provided by a user who is not acting under the authority or control of the provider if— (a) when the information was provided the provider did not know that it was, or contained, advice or guidance about abusing children sexually or creating CSA images, and (b) on knowing that the information was, or contained, advice or guidance about abusing children sexually or creating CSA images, the provider promptly removed the information or disabled access to it. (6) In this section— (a) “service provider” means a person providing an information society service; (b) “information society service” means a service normally provided— (i) for remuneration, (ii) at a distance, (iii) by electronic means, and (iv) at the individual request of a user of the service; (c) user, in relation to a service provider, means a user of a service provided by the service provider. (7) In subsection (6)(b)— (a) “at a distance” means that the service is provided without the parties being simultaneously present; (b) “by electronic means” means that the service is— (i) sent initially and received at its destination by means of electronic equipment for the processing (including digital compression) and storage of data, and (ii) entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means; (c) “at the individual request of a user of the service” means that the service is provided through the transmission of data on individual request.
59ZJA An offence under section 41A of that Act (possession of paedophile manual) if the offender— (a) was 18 or over, and (b) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
79 Online facilitation of child sexual exploitation and abuse¶
80 Offence under section 79 outside the United Kingdom¶
81 Liability for offence under section 79 committed by a body¶
82 Section 79: supplementary provision¶
35D An offence under section 79 of the Crime and Policing Act 2026 (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 79 of the Crime and Policing Act 2026 (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 79 of the Crime and Policing Act 2026 (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.
.section 79 (online facilitation of child sexual exploitation and abuse)
83 Sexual offences against children under 16¶
Rape and other offences against children under 16
8A Rape of a child under 16
(1) A person aged 18 or over (A) commits an offence if— (a) A intentionally penetrates the vagina, anus or mouth of another person (B) with A’s penis, and (b) either— (i) B is under 16 and A does not reasonably believe that B is 16 or over, or (ii) B is under 13. (2) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life. 8B Assault of a child under 16 by penetration
(1) A person aged 18 or over (A) commits an offence if— (a) A intentionally penetrates the vagina or anus of another person (B) with a part of A’s body or anything else, (b) the penetration is sexual, and (c) either— (i) B is under 16 and A does not reasonably believe that B is 16 or over, or (ii) B is under 13. (2) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life. 8C Causing or inciting a child under 16 to engage in sexual activity involving penetration
(1) A person aged 18 or over (A) commits an offence if— (a) A intentionally causes or incites another person (B) to engage in an activity within subsection (2), (b) the activity is sexual, and (c) either— (i) B is under 16 and A does not reasonably believe that B is 16 or over, or (ii) B is under 13. (2) An activity is within this subsection if it involves— (a) penetration of B’s anus or vagina, (b) penetration of B’s mouth with a person’s penis, (c) penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or (d) penetration of a person’s mouth with B’s penis. (3) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
.(aa) an offence under section 8A or 8B (offences against children under 16);
84 Sexual activity in presence of child etc¶
.section 11 (engaging in sexual activity in presence of child)
85 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 of sections 8A to 8C of that Act (rape and other offences against children under 16), (e) an offence under any of sections 9 to 12 of that Act (other child sex offences), (f) an offence under section 14 of that Act (arranging or facilitating commission of child sex offence), (g) an offence under any of sections 16 to 19 of that Act (abuse of position of trust), (h) an offence under section 25 or 26 of that Act (familial child sex offences), or (i) 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 66B, 67 or 67A of that Act (offences relating to exposure, intimate images 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 85 of the Crime and Policing Act 2026 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.
86 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¶
87 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.
88 Section 87: meaning of “relevant local authority” and “relevant police force”¶
89 Section 87: reasons to suspect child sex offence may have been committed¶
90 Exception for certain consensual sexual activities between children¶
91 Exception relating to commission of offence under section 14 of the Sexual Offences Act 2003 by a child in certain circumstances¶
92 Exception in respect of certain disclosures by children¶
93 Exception for persons providing specified services¶
The Secretary of State may by regulations provide that the duty under section 87 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.
94 Preventing or deterring a person from complying with duty to report suspected child sex offence¶
95 Modification of Chapter for constables¶
96 Guidance¶
97 Powers to amend this Chapter, and consequential amendments¶
(f) failing to comply with the duty under section 87 of the Crime and Policing Act 2026 (duty to report suspected child sex offence).
.section 94 (preventing or deterring a person from complying with duty to report suspected child sex offence)
Chapter 3 — Removal of limitation period for child sexual abuse¶
98 Removal of limitation period in child sexual abuse cases¶
11ZA Actions in respect of personal injuries attributable to child sexual abuse
(1) None of the time limits given in the preceding provisions of this Act apply to an action to which this section applies. (2) This section applies to any action for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision) which meets conditions 1 to 3. (3) Condition 1 is that the damages claimed by the claimant consist of or include damages in respect of personal injuries to the claimant. (4) Condition 2 is that the claimant was under 18 on the date on which the cause of action accrued. (5) Condition 3 is that the act or omission to which the claimant’s personal injuries were attributable constituted sexual abuse. (6) This section applies in relation to actions brought, and causes of action accrued, before (as well as after) this section comes into force. (7) But it does not apply in relation to a claim which, before this section comes into force, was settled by agreement between the parties or determined by a court (whether or not the determination is subject to appeal). (8) This section does not apply to any action brought for damages under section 3 of the Protection from Harassment Act 1997. (9) This section does not apply to a cause of action surviving for the benefit of a person’s estate by virtue of section 1 of the Law Reform (Miscellaneous Provisions) Act 1934, except where an action was brought by the person before the person’s death. 11ZB Dismissal of actions in respect of personal injuries attributable to child sexual abuse
(1) This section applies where an action to which section 11ZA applies is brought after the expiration of the time limit that would apply but for that section (disregarding the possibility of the time limit being disapplied under section 33). (2) The court must dismiss the action if the defendant satisfies the court that it is not possible for a fair hearing to take place. (3) In this section “the court” means the court in which the action has been brought.
(1A) An action under the Fatal Accidents Act 1976 may not be brought if— (a) section 11ZA would have applied to an action by the person injured to recover damages in respect of the injury, and (b) the death occurred after the expiration of the time limit that would have applied but for that section (disregarding the possibility of that time limit being overridden under section 33).
Chapter 4 — Other provision about sexual offences¶
Guidance about disclosure of information¶
99 Guidance about disclosure of information by police for purpose of preventing sex offending¶
Intimate images, pornography etc¶
100 Offences relating to semen-defaced images, intimate photographs or films and voyeurism¶
Schedule 13 makes provision in connection with offences relating to semen-defaced images, intimate photographs or films and voyeurism.101 Purported intimate image generators¶
66I Making or supplying purported intimate image generators
(1) A person commits an offence if the person— (a) makes or adapts a thing, or (b) supplies or offers to supply a thing, for use as a generator of purported intimate images.(2) A “generator of purported intimate images” is a thing for creating, or facilitating the creation of, purported intimate images of a person. (3) A person makes, adapts, supplies, or offers to supply a thing for use as a generator of purported intimate images if a reasonable person (having regard to all the circumstances) would consider that they do so. (4) It is a defence for a person charged with an offence under this section to prove that they took all reasonable steps to prevent the thing being used for creating, or facilitating the creation of, purported intimate images of a person without the person’s consent. (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 3 years or a fine (or both). (6) Section 72(1) applies in relation to an act which, if done in England and Wales, would constitute an offence under this section as if references to a United Kingdom national included— (a) a body incorporated under the law of any part of the United Kingdom, or (b) an unincorporated association formed under the law of any part of the United Kingdom. (7) In this section— purported intimate image of a person, and references to creating a purported intimate image of a person, have the same meaning as in section 66E; thing includes a program, information in electronic form and a service. 66J Section 66I: further defences
(1) It is a defence for a person charged with an offence under section 66I to prove that the person did the act which constituted the offence for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world. (2) It is a defence for a person charged with an offence under section 66I to prove that the person— (a) was a member of the Security Service, the Secret Intelligence Service or GCHQ (a “security body”), and (b) did the act which constituted the offence for the purposes of the exercise of any function of the security body. (3) “GCHQ” has the meaning given by section 3 of the Intelligence Services Act 1994. (4) It is a defence for a person charged with an offence under section 66I to prove that the person— (a) 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 (b) did the act which constituted the offence for the purposes of OFCOM’s exercise of any of its online safety functions. (5) In subsection (4)— (a) “OFCOM” means the Office of Communications; (b) a reference to OFCOM’s “online safety functions” has the meaning given by section 235 of the Online Safety Act 2023. 66K Section 66I: application to internet service providers
(1) An internet service provider does not commit an offence under section 66I by— (a) providing access to a communication network, or (b) transmitting, in a communication network, information provided by a user, if the provider does not— (i) initiate the transmission, (ii) select the recipient of the transmission, or (iii) select or modify the information contained in the transmission. (2) The references in subsection (1) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage— (a) is automatic, intermediate and transient, (b) is solely for the purpose of carrying out the transmission in the network, and (c) is for no longer than is reasonably necessary for the transmission. (3) An internet service provider does not commit an offence under section 66I by storing information provided by a user for transmission in a communication network if— (a) the storage of the information— (i) is automatic, intermediate and temporary, and (ii) is solely for the purpose of making more efficient the onward transmission of the information to other users at their request, and (b) the internet service provider— (i) does not modify the information, (ii) complies with any conditions attached to having access to the information, and (iii) on knowing of a matter within subsection (4), promptly removes the information or disables access to it. (4) The matters within this subsection are that— (a) the information at the initial source of the transmission has been removed from the network, (b) access to it has been disabled, or (c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information. (5) An internet service provider does not commit an offence under section 66I by storing information provided by a user who is not acting under the authority or control of the provider if— (a) when the information was provided the provider did not know that it was, or contained, a generator of purported intimate images, and (b) on knowing that the information was, or contained, a generator of purported intimate images, the provider promptly removed the information or disabled access to it. (6) In this section— generator of purported intimate images has the same meaning as in section 66I; internet service provider means a provider of— (a) a service that is made available by means of the internet, or (b) a service that provides access to the internet; user, in relation to an internet service provider, means a user of a service provided by the internet service provider. 66L Liability for offence under section 66I committed by bodies
(1) This section applies where an offence under section 66I is committed by a body. (2) If the offence is committed with the consent or connivance of— (a) a relevant person in relation to the body, or (b) a person purporting to act in the capacity of a relevant person in relation to the body, the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.(3) In this section— body means a body corporate, a partnership or an unincorporated association other than a partnership; relevant person, in relation to a body, means— (a) in the case of a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body; (b) in the case of a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it; (c) in the case of a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907); (d) in the case of any other partnership, a partner; (e) in the case of an unincorporated association other than a partnership, a person who exercises functions of management with respect to it.
.(ca) an offence under section 66I;
33C An offence under section 66I of this Act (purported intimate image generators), if the offender is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
102 Duty to make deprivation and deletion orders (non-consensual intimate images)¶
Where a person is convicted of an offence involving sharing or threatening to share intimate images without consent, as described by sections 66A and 66H of the Sexual Offences Act 2003 (intimate images), the court must—103 Hashing¶
104 Register of intimate images shared without consent¶
105 Pornographic images of strangulation or suffocation: England and Wales and Northern Ireland¶
67A Possession or publication of pornographic images of strangulation or suffocation
(1) It is an offence for a person to be in possession of an image if— (a) the image is pornographic, within the meaning of section 63, (b) the image portrays, in an explicit and realistic way, a person strangling or suffocating another person, and (c) a reasonable person looking at the image would think that the persons were real. (2) It is an offence for a person to publish an image of the kind mentioned in subsection (1). (3) Publishing an image includes giving or making it available to another person by any means. (4) Subsections (1) and (2) do not apply to excluded images, within the meaning of section 64. (5) In this section image has the same meaning as in section 63. (6) Proceedings for an offence under this section may not be instituted— (a) in England and Wales, except by or with the consent of the Director of Public Prosecutions; (b) in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland. 67B Defences to offences under section 67A
(1) Where a person is charged with an offence under section 67A(1), it is a defence for the person to prove any of the matters mentioned in subsection (2). (2) The matters are— (a) that the person had a legitimate reason for being in possession of the image concerned; (b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67A(1); (c) that the person— (i) was sent the image concerned without any prior request having been made by or on behalf of the person, and (ii) did not keep it for an unreasonable time; (d) that the person directly participated in the act portrayed and the act did not involve the infliction of any non-consensual harm on any person. (3) Where a person is charged with an offence under section 67A(2), it is a defence for the person to prove any of the matters mentioned in subsection (4). (4) The matters are— (a) that the person had a legitimate reason for publishing the image concerned to the persons to whom they published it; (b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67A(1); (c) that the person directly participated in the act portrayed, the act did not involve the infliction of any non-consensual harm on any person, and the person only published the image to other persons who directly participated. (5) In this section non-consensual harm has the same meaning as in section 66. 67C Penalties for offences under section 67A
(1) A person who commits an offence under section 67A(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 Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine (or both); (c) on conviction on indictment in England and Wales or Northern Ireland, to imprisonment for a term not exceeding two years or a fine (or both). (2) A person who commits an offence under section 67A(2) 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 (or both); (c) on conviction on indictment in England and Wales or Northern Ireland, to imprisonment for a term not exceeding five years or a fine (or both). 67D Possession of extreme pornographic images: alternative verdict in magistrates’ court
If on the trial of a person charged with an offence under section 63 a magistrates’ court finds the person not guilty of the offence charged, the magistrates’ court may find the person guilty of an offence under section 67A(1).
13ZA An offence under section 67A of that Act (possession or publication of pornographic images of strangulation or suffocation) in relation to an image showing a person under 18.
—
(a) section 63 (possession of extreme pornographic images); (b) section 67A (possession or publication of pornographic images of strangulation or suffocation).
106 Pornographic images of strangulation or suffocation: Scotland¶
51D Pornographic images of strangulation or suffocation
(1) It is an offence for a person to be in possession of an image if— (a) the image is pornographic, within the meaning of section 51A, (b) the image depicts, in an explicit and realistic way, a person strangling or suffocating another person, and (c) a reasonable person looking at the image would think that the persons were real. (2) It is an offence for a person to publish an image of the kind mentioned in subsection (1). (3) Publishing an image includes giving or making it available to another person by any means. (4) Subsections (1) and (2) do not apply to excluded images, within the meaning of section 51B. (5) In this section image is to be construed in accordance with section 51A. 51E Defences to offences under section 51D
(1) Where a person is charged with an offence under section 51D(1), it is a defence for the person to prove any of the matters mentioned in subsection (2). (2) The matters are— (a) that the person had a legitimate reason for being in possession of the image concerned; (b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 51D(1); (c) that the person— (i) was sent the image concerned without any prior request having been made by or on behalf of the person, and (ii) did not keep it for an unreasonable time; (d) that the person directly participated in the act depicted and the act did not actually involve strangulation or suffocation of any person. (3) Where a person is charged with an offence under section 51D(2), it is a defence for the person to prove any of the matters mentioned in subsection (4). (4) The matters are— (a) that the person had a legitimate reason for publishing the image concerned to the persons to whom they published it; (b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 51D(1); (c) that the person directly participated in the act depicted, the act did not actually involve strangulation or suffocation of any person, and the person only published the image to other persons who directly participated. 51F Penalties for offences under section 51D
(1) A person who commits an offence under section 51D(1) is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both); (b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both). (2) A person who commits an offence under section 51D(2) is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both); (b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both). 51G Possession of extreme pornographic images: alternative verdict
If on the trial of a person charged with an offence under section 51A a court finds the person not guilty of the offence charged, the court may find the person guilty of an offence under section 51D(1).
107 Pornographic images of sex between relatives¶
67E Possession or publication of pornographic images of sex between relatives
(1) It is an offence for a person (P) to be in possession of an image if— (a) the image is pornographic, within the meaning of section 63, (b) the image portrays, in an explicit and realistic way, a person (A) sexually penetrating— (i) the vagina or anus of another person (B) with a part of A’s body or anything else, or (ii) B’s mouth with A’s penis, (c) a reasonable person looking at the image would think that A and B were real, and (d) a reasonable person— (i) looking at the image, and (ii) taking into account any sound or information associated with the image, would think that A and B were related, or pretending to be related, as defined in section 27 (family relationships) of the Sexual Offences Act 2003.(2) It is an offence for a person to publish an image of the kind mentioned in subsection (1). (3) Publishing an image includes giving or making it available to another person by any means. (4) For the purpose of subsection (1)(d)— (a) the reference to sound or information associated with the image is— (i) when subsection (1)(d) applies for the purpose of an offence under subsection (1), to sound, or information, associated with the image that is in P’s possession, and (ii) when subsection (1)(d) applies for the purpose of an offence under subsection (2), to sound, or information, associated with the image that the person in subsection (2) publishes with the image, and (b) A and B are not to be taken as pretending to be related if it is fanciful that they are actually related in the way pretended. (5) In subsection [subsection removed]— (a) parentincludes an adoptive parent;(b) childincludes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;(c) unclemeans the brother of a person’s parent, and “aunt” has a corresponding meaning;(d) nephewmeans the child of a person’s brother or sister, and “niece” has a corresponding meaning.(6) For the purpose of this section— (a) imagehas the same meaning as in section 63;(b) penetration is a continuing act from entry to withdrawal; (c) vaginaincludes vulva;(d) references to a part of the body include references to a part surgically constructed (in particular through gender reassignment surgery). (7) Subsections (1) and (2) do not apply to excluded images, within the meaning of section 64. (8) Nothing in— (a) section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or (b) section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date), is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (5)(a) or (b).(9) Proceedings for an offence under this section may not be instituted except by or with the consent of the Director of Public Prosecutions. 67F Defences to offence under section 67E
(1) Where a person is charged with an offence under section 67E(1), it is a defence for the person to prove any of the matters mentioned in subsection (2). (2) The matters are— (a) that the person had a legitimate reason for being in possession of the image concerned; (b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67E(1); (c) that the person— (i) was sent the image concerned without any prior request having been made by or on behalf of the person, and (ii) did not keep it for an unreasonable time; (d) that— (i) the person directly participated in the act portrayed as person A or B mentioned in section 67E(1)(b), (ii) the act did not involve the infliction of any non-consensual harm on any person, and (iii) the person is not related to person B or A (as the case may be) in a way mentioned in section 67E[subsection removed]. (3) Where a person is charged with an offence under section 67E(2), it is a defence for a person to prove any of the matters mentioned in subsection (4). (4) The matters are— (a) that the person had a legitimate reason for publishing the image concerned to the persons to whom they published it; (b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67E(1); (c) that— (i) the person directly participated in the act portrayed as person A or B mentioned in section 67E(1)(b), (ii) the act did not involve the infliction of any non-consensual harm on any person, (iii) the person is not related to person B or A (as the case may be) in a way mentioned in section 67E[subsection removed], and (iv) the person only published the image to person B or A (as the case may be). (5) In this section, “non-consensual harm” has the same meaning as in section 66. 67G Penalties for offences under section 67E
(1) A person who commits an offence under section 67E(1) 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 two years or a fine (or both). (2) A person who commits an offence under section 67E(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 five years or a fine (or both).
67A(inserted by section 105 of this Act) insert
and 67E.
67A(inserted by section 105 of this Act) insert
or 67E.
or sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative)substitute
sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative), or section 67E of the Criminal Justice and Immigration Act 2008 (possession or publication of pornographic images of sex between relatives).
orafter paragraph (a);
, or
(c) section 67E of the Criminal Justice and Immigration Act 2008 (possession or publication of pornographic images of sex between relatives).
13ZB An offence under section 67E of that Act (possession or publication of pornographic images of sex between relatives).
;
.(c) section 67E (possession or publication of pornographic images of sex between relatives)
108 Pornographic content: duty to verify age¶
109 Amendment of Protection of Children Act 1978¶
(10) When determining under section 1 whether an indecent photograph or pseudo-photograph is of a person who appears to be or is implied to be a child, reference may be had to— (a) how the image is or was described (whether the description is part of the image itself or otherwise); (b) any sounds accompanying the image; (c) where the image forms an integral part of a narrative constituted by a series of images— (i) any sounds accompanying the series of images, (ii) the context provided by that narrative; (d) the overall context in which the image appears, including but not limited to, the setting, the conduct and appearance of the depicted person or persons, and any other relevant factors.
110 Obscenity etc offences: technology testing defence¶
111 Technology testing defence: meaning of “relevant offence”¶
The offences referred to in subsection (1)(a) are offences under any of the following provisions—
Act
Provision
Obscene Publications Act 1959
Section 2 (publication of obscene article)
Protection of Children Act 1978
Section 1(1)(a), (b) or (c) (indecent photographs of children)
Criminal Justice Act 1988
Section 160(1) (indecent photographs of children)
Communications Act 2003
Section 127(1) (sending indecent messages via public electronic communications network)
Sexual Offences Act 2003
Section 46A (child sexual abuse image generators)
Section 66B(1) (sharing intimate photograph or film)
Section 66E(1) (creating purported intimate image of adult)
Section 66F(1) or (2) (requesting creation of purported intimate image of adult)
Criminal Justice and Immigration Act 2008
Section 63 (possession of extreme pornographic images), as it has effect under the law of England and Wales
Section 67A (possession or publication of pornographic images of strangulation or suffocation), as it has effect under the law of England and Wales
Coroners and Justice Act 2009
Section 62 (possession of prohibited images of children), as it has effect under the law of England and Wales
Serious Crime Act 2015
Section 69 (possession of paedophile manual), as it has effect under the law of England and Wales
The offences referred to in subsection (1)(b) are offences under any of the following provisions—
Act
Provision
Civic Government (Scotland) Act 1982
Section 51 (obscene material)
Section 51A (extreme pornography)
Section 51D (pornographic images of strangulation or suffocation)
Section 52(1)(a), (b) or (c) (indecent photographs of children)
Section 52A (indecent photographs of children)
Section 52D (child sexual abuse image generators)
Sexual Offences (Scotland) Act 2009
Section 41A (possession of advice or guidance about abusing children sexually or creating CSA images)
Abusive Behaviour and Sexual Harm (Scotland) Act 2016
Section 2 (disclosing or threatening to disclose intimate photograph or film)
offences under any of the following provisions—
Act / Order
Provision
Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I.17)
Article 3(1)(a), (b) or (c) (indecent photographs of children)
Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17))
Article 15(1) (indecent photographs of children)
Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2))
Article 42A (child sexual abuse image generators)
Criminal Justice and Immigration Act 2008
Section 63 (possession of extreme pornographic images), as it has effect under the law of Northern Ireland
Section 67A (possession or publication of pornographic images of strangulation or suffocation), as it has effect under the law of Northern Ireland
Coroners and Justice Act 2009
Section 62 (possession of prohibited images of children), as it has effect under the law of Northern Ireland
Serious Crime Act 2015
Section 69 (possession of paedophile manual), as it has effect under the law of Northern Ireland
Other sexual offences¶
112 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.
113 Sexual activity with an animal¶
69 Sexual activity with an animal
(1) A person commits an offence if— (a) the person intentionally touches an animal (whether living or dead), (b) the person knows that, or is reckless as to whether, that is what is touched, and (c) the touching is sexual. (2) For the purposes of this section, touching is sexual if a reasonable person would consider that— (a) because of its nature it may be sexual, and (b) because of its circumstances or the purpose of any person in relation to it (or both) it is sexual. (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 2 years.
, 69.
114 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;
paragraphs 35 and 92 of Schedule 3 to the Sexual Offences Act 2003;
paragraph 33 of Schedule 4 to the Modern Slavery Act 2015;
paragraph 38(ba) of Schedule 18 to the Sentencing Code.
Convictions and cautions for loitering and soliciting¶
115 Disregarding convictions and cautions for loitering or soliciting when under 18¶
Loitering or soliciting: under 18s
94A Automatic disregard of convictions or cautions for loitering or soliciting when under 18
(1) A conviction or caution is a disregarded conviction or caution if— (a) it was for an offence under section 1 of the Street Offences Act 1959 (loitering or soliciting for the purpose of prostitution), and (b) the offender was aged under 18 at the time of the offence. (2) Sections 95 to 98 explain the effect of a conviction or caution being a disregarded conviction or caution.
;(A1) Subsections (1) to (4) apply in respect of a conviction or caution disregarded under section 92.
(4A) A relevant data controller must delete from relevant official records, as soon as reasonably practicable, any details of which they are aware of a conviction or caution disregarded under section 94A.
116 Pardons for convictions and cautions for loitering or soliciting when under 18¶
165A Pardons for convictions etc for loitering or soliciting when under 18: England and Wales
(1) Subsection (2) applies in respect of a person (whether living or deceased) who— (a) was convicted of, or cautioned for, an offence under section 1 of the Street Offences Act 1959 (loitering or soliciting for the purpose of prostitution), and (b) was aged under 18 at the time of the offence. (2) The person is pardoned for the offence. (3) Expressions used in this section or section 167(1) (so far as relating to this section) and in Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 have the same meaning in this section or (as the case may be) section 167(1) as in that Chapter (see section 101 of that Act).
Chapter 5 — Management of sex offenders¶
117 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.
118 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.
119 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, 46A, 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 92OA, 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.
120 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.
121 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.
122 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.
123 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.
124 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 Act 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 licence to drive a motor vehicle under Part 3 of the Road Traffic Act 1988 (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 include provision amending Part 3 of the Road Traffic Act 1988. (6) In this section— driving licence means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 or under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)); section 93B relevant offender means a relevant offender who is subject to the restriction in section 93B(1); specified means specified in regulations under this section.
93J Restriction on granting replacement driving licences in new name (Northern Ireland)
(1) The Department for Infrastructure in Northern Ireland (“the Department”) may by regulations make provision to prevent a person from being granted a licence to drive a motor vehicle under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (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 Department, on the basis of information provided by the Chief Constable of the Police Service of Northern Ireland (“the Chief Constable”), 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) the Chief Constable to disclose specified information to the Department, and (b) the Department to disclose specified information to the Chief Constable, 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 Department or the Chief Constable 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 the Department or the Chief Constable may or must use information disclosed to them by virtue of subsection (2). (5) The regulations may include provision amending Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)). (6) In this section— driving licence means a licence to drive a motor vehicle granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) or under Part 3 of the Road Traffic Act 1988; section 93B relevant offender means a relevant offender who is subject to the restriction in section 93B(1); specified means specified in regulations under this section.
125 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;
126 Minor and consequential amendments¶
Schedule 14 contains minor and consequential amendments relating to this Chapter.Part 6 — Stalking¶
127 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 on the balance of probabilities 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— (i) 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; (ii) 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. (3B) An appeal under subsection (1), (2) or (3) to the Court of Appeal may be made only with the permission of that 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 under this section remains an order of the court that first made it; (b) a stalking protection order made by a court on an appeal under this section 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;
128 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 on the balance of probabilities 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 on the balance of probabilities 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 on the balance of probabilities 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 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— (i) 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; (ii) 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; (c) where the order was made by any other court, the Crown Court; “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) An appeal under subsection (2) to the Court of Appeal may be made only with the permission of that court. (5) 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. (6) A stalking protection order that has been confirmed, varied or renewed on an appeal remains an order of the court that first made it. (7) 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).
;(cb) section 8(4) of the Stalking Protection Act 2019 (breach of stalking protection order);
.(eb) 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).
129 Stalking protection orders: Northern Ireland¶
6A. 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, or (b) requires the person to do anything described in the order. (2) This Act provides for the making of a stalking protection order— (a) on an application under section 7, or (b) where a person is acquitted of an offence, successfully appeals against a conviction for an offence, is dealt with in respect of certain findings or is convicted of an offence (see section 8(1)).
;(1) This section applies in respect of a person (“D”) where— (a) the Chief Constable has applied under section 7 to a court of summary jurisdiction for a stalking protection order against D, (b) D is acquitted of an offence by or before a court, (c) a court allows D’s appeal against a conviction for an offence, (d) a court deals with D in respect of a finding that— (i) D is not guilty of an offence by reason of insanity, or (ii) D is under a disability and has done the act charged against D in respect of an offence, or (e) D has been convicted of an offence and a court deals with D for the offence.
(4) In subsection (1) “appropriate court” means— (a) where the stalking protection order was made by a court of summary jurisdiction other than a youth court, a court of summary jurisdiction which is not a youth court; (b) where the stalking protection order was made by a youth court— (i) if the defendant is under the age of 18 when the application for variation, renewal or discharge is made, a youth court; (ii) if the defendant is aged 18 or over at the time the application for variation, renewal or discharge is made, a court of summary jurisdiction which is not a youth court; (c) where the stalking protection order was made by any other court, the Crown Court. (5) For the purposes of subsection (4)— (a) a stalking protection order made by a court on an appeal is to be treated as made by the court whose decision was appealed against; (b) a stalking protection order that is confirmed, varied or renewed on an appeal remains an order of the court that first made it (or, if it was made on an appeal, the court that is treated as having made it under paragraph (a)).
;(3A) An application to the Crown Court under section 10 is to be made in accordance with Crown Court rules.
12A. Appeals
(1) Where a stalking protection order is made in the circumstances mentioned in section 8(1)(b), (c) or (d), D may appeal against the making of the order as if— (a) D had been convicted of the offence and, (b) the order were a sentence passed on D for the offence by the court which made the order, (if an appeal would lie against such a sentence).(2) Where a stalking protection order is made in the circumstances mentioned in section 8(1)(e), D may appeal against the making of the order as if the order were a sentence passed on D for the offence by the court which made the order (if an appeal would lie against such a sentence). (3) The following may appeal against a decision under section 10 made by the Crown Court— (a) the person against whom the stalking protection order in question was made; (b) the Chief Constable. (4) An appeal under subsection (3) is to be made to the Court of Appeal, and may be made only with the permission of that court. (5) 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. (6) For appeals against decisions of a court of summary jurisdiction on an application under section 7, 10 or 11, see Article 143 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26) (appeal to county court against proceedings on complaint).
youth court has the meaning given by section 12.
.(ba) the number of stalking protection orders made under each paragraph of section 8(1);
130 Guidance about stalking¶
In the Protection from Harassment Act 1997, after section 7 insert—7A Guidance about stalking
(1) The Secretary of State must 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 Code (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.
131 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.
132 Guidance about disclosure of information by police: Northern Ireland¶
In the Protection from Stalking Act (Northern Ireland) 2022 (c. 17 (N.I.)), in section 17—;(2A) The Department must issue guidance to the Chief Constable about the disclosure of police information for the purpose of protecting persons from risks associated with stalking. (2B) The Chief Constable must have regard to guidance issued under subsection (2A).
Part 7 — Other provision for the protection of persons¶
133 Administering etc harmful substances (including by spiking)¶
;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).
.section 24 (administering etc harmful substances (including by spiking))
134 Encouraging or assisting serious self-harm¶
135 Encouraging or assisting serious self-harm: supplementary¶
section 134 (encouraging or assisting serious self-harm).
136 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.
137 Child abduction: Northern Ireland¶
;(1A) Subject to paragraphs (2A) to (3A) and (7), a person connected with a child under the age of 16 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.
138 Safeguarding vulnerable groups: regulated activity¶
139 Safeguarding vulnerable groups: regulated activity (Northern Ireland)¶
140 Dangerous, careless or inconsiderate cycling¶
27A Causing death by dangerous cycling
A person who causes the death of another person by riding a cycle dangerously on a road or other public place is guilty of an offence.27B Causing serious injury by dangerous cycling
(1) A person who causes serious injury to another person by riding a cycle dangerously on a road or other public place is guilty of an offence. (2) In this section “serious injury” means— (a) in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and (b) in Scotland, severe physical injury.
28A Meaning of “dangerous cycling”
(1) This section applies for the purposes of sections 27A, 27B and 28. (2) A person is to be regarded as riding dangerously if (and only if) the condition in subsection (3) or (4) is met. (3) The condition in this subsection is met if— (a) the way that the person rides falls far below what would be expected of a competent and careful cyclist, and (b) it would be obvious to a competent and careful cyclist that riding in that way would be dangerous. (4) The condition in this subsection is met if it would be obvious to a competent and careful cyclist that riding the cycle in its current state would be dangerous. (5) In determining the state of a cycle for the purposes of subsection (4), regard may be had (among other things) to— (a) whether the cycle is equipped and maintained in accordance with regulations under section 81 (regulation of brakes, bells etc, on pedal cycles); (b) anything attached to or carried on the cycle and the manner in which it is attached or carried. (6) In determining what would be expected of, or obvious to, a competent and careful cyclist in a particular case, regard is to be had both to— (a) the circumstances of which the person could be expected to be aware (taking account of, if relevant to the case, the age of the accused), and (b) the circumstances shown to have been within the knowledge of the accused. (7) References in this section to something being “dangerous” are references to it resulting in danger of— (a) injury to any person, or (b) serious damage to property. 28B Causing death by careless, or inconsiderate, cycling
A person who causes the death of another person by riding a cycle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.28C Causing serious injury by careless, or inconsiderate, cycling
(1) A person who causes serious injury to another person by riding a cycle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence. (2) In this section “serious injury” means— (a) in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and (b) in Scotland, severe physical injury.
29A Meaning of careless, or inconsiderate, cycling
(1) This section applies for the purposes of sections 28B, 28C and 29. (2) A person is to be regarded as cycling without due care and attention if (and only if) the way the person cycles falls below what would be expected of a competent and careful cyclist. (3) In determining what would be expected of a competent and careful cyclist in a particular case, regard is to be had both to— (a) the circumstances of which the person could be expected to be aware (taking account of, if relevant to the case, the age of the accused), and (b) the circumstances shown to have been within the knowledge of the accused. (4) A person (A) is to be regarded as cycling without reasonable consideration for other persons only if those persons are inconvenienced by A’s cycling.
(d) an offence under section 27A of that Act (causing death by dangerous cycling), and (e) an offence under section 27B of that Act (causing serious injury by dangerous cycling).
;(ca) an offence under section 27A of that Act (causing death by dangerous cycling), (cb) an offence under section 27B of that Act (causing serious injury by dangerous cycling), and
;Section 27A (causing death by dangerous cycling)
Section 28 (dangerous cycling)
Section 28B (causing death by careless, or inconsiderate, cycling)
Section 29 (careless, and inconsiderate, cycling)
Section 27B (causing serious injury by dangerous cycling)
Section 28 (dangerous cycling)
Section 28C (causing serious injury by careless, or inconsiderate, cycling)
Section 29 (careless, and inconsiderate, cycling)
.Section 28B (causing death by careless, or inconsiderate, cycling)
Section 29 (careless, and inconsiderate, cycling)
Section 28C (causing serious injury by careless, or inconsiderate, cycling)
Section 29 (careless, and inconsiderate, cycling)
After the entry relating to “RTA section 27” insert in columns 1 to 4—
“RTA section 27A
Causing death by dangerous cycling.
On indictment.
Imprisonment for life.
RTA section 27B
Causing serious injury by dangerous cycling.
(a) Summarily.(b) On indictment.
(a) On conviction in England and Wales: the general limit in a magistrates’ court or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.(b) 5 years or a fine or both.”
After the entry relating to “RTA section 28” insert in columns 1 to 4—
“RTA section 28B
Causing death by careless or inconsiderate cycling.
(a) Summarily.(b) On indictment.
(a) On conviction in England and Wales: the general limit in a magistrates’ court or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
(b) 5 years or a fine or both.RTA section 28C
Causing serious injury by careless or inconsiderate cycling
(a) Summarily.
(b) On indictment.
(a) On conviction in England and Wales: the general limit in a magistrates’ court or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
(b) 2 years or a fine or both.”
;49A An offence under section 27A of that Act (causing death by dangerous cycling).
;(d) section 27A (causing death by dangerous cycling).
(d) section 27A (causing death by dangerous cycling).
141 Domestic abuse protection orders¶
.(5A) A domestic abuse protection order may require P to participate in an assessment to determine whether P should be required to participate in a programme of activities. (5B) A domestic abuse protection order may provide that if, following an assessment required under subsection (5A), the person carrying out the assessment determines that P should participate in a programme of activities, then P is required to participate in that programme of activities.
(3A) A magistrates’ court may of its own motion vary a domestic abuse protection order made by a magistrates’ court acting in the local justice area in which that court acts. (3B) The Crown Court may of its own motion vary a domestic abuse protection order made by the Crown Court.
142 Guidance about honour-based abuse¶
143 Meaning of “honour-based abuse”¶
Part 8 — Offences relating to racial and other hostility¶
144 Aggravated offences¶
28 Meaning of “aggravated”
(1) For the purposes of sections 29 to 32 an offence is aggravated if it is aggravated by— (a) racial hostility, (b) religious hostility, (c) hostility related to disability, (d) hostility related to sexual orientation, or (e) hostility related to transgender identity. (2) For the purposes of the following provisions an offence is aggravated if it is aggravated by hostility related to sex— (a) section 29, (b) section 30, (c) section 31(1)(a) and (c), and (d) section 32. (3) An offence is aggravated by hostility of one of the kinds mentioned in subsection (1) if— (a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on— (i) the victim’s membership (or presumed membership) of a racial group, (ii) the victim’s membership (or presumed membership) of a religious group, (iii) a disability (or presumed disability) of the victim, (iv) the sexual orientation (or presumed sexual orientation) of the victim, or (as the case may be) (v) the victim being (or being presumed to be) transgender, or (b) the offence is motivated (wholly or partly) by— (i) hostility towards members of a racial group based on their membership of that group, (ii) hostility towards members of a religious group based on their membership of that group, (iii) hostility towards persons who have a disability or a particular disability, (iv) hostility towards persons who are of a particular sexual orientation, or (as the case may be) (v) hostility towards persons who are transgender. (4) An offence is aggravated by hostility related to sex if— (a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the sex (or presumed sex) of the victim, or (b) the offence is motivated (wholly or partly) by hostility towards persons who are of a particular sex. (5) For the purposes of subsections (3) and (4), it is immaterial whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that subsection. (6) In this section— (a) references to a racial group are to a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins; (b) references to a religious group are to a group of persons defined by reference to religious belief or lack of religious belief; (c) membership in relation to a racial or religious group, includes association with members of that group; (d) disability means any physical or mental impairment; (e) references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment; (f) presumed means presumed by the offender.
(3A) So far as it relates to hostility related to disability, sexual orientation and transgender identity, this section does not apply in relation to an offence under sections 29 to 32 of the Crime and Disorder Act 1998 committed on or after the day on which section 144(2) of the Crime and Policing Act 2026 comes into force.
240 Increase in sentence for offences aggravated by hostility
(1) This section applies where a court or officer dealing with an offender for a service offence (other than an offence mentioned in subsection (7)) is considering the seriousness of the offence. (2) If the offence is aggravated by hostility of one of the kinds mentioned in subsection (3) the court or officer— (a) must treat that fact as an aggravating factor, and (b) must state in open court that the offence is so aggravated. (3) The kinds of hostility are— (a) racial hostility, (b) religious hostility, (c) hostility related to disability, (d) hostility related to sexual orientation, or (e) hostility related to transgender identity. (4) An offence is aggravated by hostility of one of the kinds mentioned in subsection (3) if— (a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on— (i) the victim’s membership (or presumed membership) of a racial group, (ii) the victim’s membership (or presumed membership) of a religious group, (iii) a disability (or presumed disability) of the victim, (iv) the sexual orientation (or presumed sexual orientation) of the victim, or (as the case may be) (v) the victim being (or being presumed to be) transgender, or (b) the offence is motivated (wholly or partly) by— (i) hostility towards members of a racial group based on their membership of that group, (ii) hostility towards members of a religious group based on their membership of that group, (iii) hostility towards persons who have a disability or a particular disability, (iv) hostility towards persons who are of a particular sexual orientation, or (as the case may be) (v) hostility towards persons who are transgender. (5) It is immaterial whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in subsection (4). (6) In this section— (a) references to a racial group are to a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins; (b) references to a religious group are to a group of persons defined by reference to religious belief or lack of religious belief; (c) membership in relation to a racial or religious group, includes association with members of that group; (d) disability means any physical or mental impairment; (e) references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment; (f) presumed means presumed by the offender. (7) This section does not apply 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 any of sections 29 to 32 of the Crime and Disorder Act 1998 (offences aggravated by racial and other hostility).
145 Threatening, abusive or insulting behaviour towards emergency workers¶
146 Threatening or abusive behaviour likely to harass, alarm or distress emergency workers¶
147 Interpretation of sections 145 and 146¶
Part 9 — Prevention of theft and fraud¶
Electronic devices for use in vehicle offences¶
148 Electronic devices for use in vehicle offences¶
149 Section 148: evidential burdens and lifestyle offences¶
;(2) An offence under section 148 of the Crime and Policing Act 2026 (electronic devices for use in vehicle offences).
;(2) An offence under section 148 of the Crime and Policing Act 2026 (electronic devices for use in vehicle offences).
(2) An offence under section 148 of the Crime and Policing Act 2026 (electronic devices for use in vehicle offences).
SIM farms¶
150 Possession of a SIM farm¶
A person who possesses a SIM farm commits an offence.
For the meaning of “SIM farm”, see section 152.
151 Supply of a SIM farm¶
152 Sections 150 and 151: meaning of “SIM farm” etc¶
Other devices or software¶
153 Possession of specified article¶
A person who possesses a specified article commits an offence.
“Specified article” means an article specified in regulations under section 155.
154 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 155.
155 Sections 153 and 154: specified articles and supplementary provision¶
Part 10 — Public Order¶
Chapter 1 — New offences relating to protests and assemblies¶
156 Offence of concealing identity at protests¶
157 Concealing identity at protests: designating localities and giving notice¶
158 Concealing identity at protests: procedure for designations etc¶
159 Possession of pyrotechnic articles at protests¶
160 Climbing on memorials¶
161 Protests outside public office-holder’s home¶
162 Designation and restriction of Extreme Criminal Protest Groups¶
163 Interpretation of Chapter¶
In this Chapter—Chapter 2 — Police powers relating to protests and assemblies¶
164 Places of worship: restriction on protests¶
or
.(c) in the case of a procession in England and Wales, the procession is in the vicinity of a place of worship and may intimidate persons of reasonable firmness with the result that those persons are deterred from— (i) accessing that place of worship for the purpose of carrying out religious activities, or (ii) carrying out religious activities at that place of worship,
or
(c) in the case of an assembly in England and Wales, the assembly is in the vicinity of a place of worship and may intimidate persons of reasonable firmness with the result that those persons are deterred from— (i) accessing that place of worship for the purpose of carrying out religious activities, or (ii) carrying out religious activities at that place of worship.
or
(c) the protest is in the vicinity of a place of worship and may intimidate persons of reasonable firmness with the result that those persons are deterred from— (i) accessing that place of worship for the purpose of carrying out religious activities, or (ii) carrying out religious activities at that place of worship.
165 Public processions and assemblies: duty to take account of cumulative disruption¶
(2BA) In considering for the purposes of subsection (1)(a) whether a public procession in England and Wales may result in serious disruption to the life of the community, a senior police officer must take into account any relevant cumulative disruption. (2BB) In subsection (2BA) “relevant cumulative disruption” means the cumulative disruption to the life of the community resulting from— (a) the procession, (b) any other public procession in England and Wales that was held, is being held or is intended to be held in the same area as the area in which the procession mentioned in paragraph (a) is being held or is intended to be held (whether or not directions have been given under subsection (1) in relation to that other procession), and (c) any public assembly in England and Wales that was held, is being held or is intended to be held in the same area as the area in which the procession mentioned in paragraph (a) is being held or is intended to be held (whether or not directions have been given under section 14(1A) in relation to that assembly), and it does not matter whether or not the procession mentioned in paragraph (a) and any procession or assembly within paragraph (b) or (c) are organised by the same person, are attended by any of the same persons or are held or are intended to be held at the same time.(2BC) In subsection (2BB) “area”, in relation to a public procession or public assembly, means such area as the senior police officer considers appropriate, having regard to the nature and extent of the disruption that may result from the procession or assembly.
(2BA) In considering for the purposes of subsection (1)(a) whether a public assembly in England and Wales may result in serious disruption to the life of the community, a senior police officer must take into account any relevant cumulative disruption. (2BB) In subsection (2BA) “relevant cumulative disruption” means the cumulative disruption to the life of the community resulting from— (a) the assembly, (b) any other public assembly in England and Wales that was held, is being held or is intended to be held in the same area as the area in which the assembly mentioned in paragraph (a) is being held or is intended to be held (whether or not directions have been given under subsection (1A) in relation to that other assembly), and (c) any public procession in England and Wales that was held, is being held or is intended to be held in the same area as the area in which the assembly mentioned in paragraph (a) is being held or is intended to be held (whether or not directions have been given under section 12(1) in relation to that procession), and it does not matter whether or not the assembly mentioned in paragraph (a) and any assembly or procession within paragraph (b) or (c) are organised by the same person, are attended by any of the same persons or are held or are intended to be held at the same time.(2BC) In subsection (2BB) “area”, in relation to a public assembly or public procession, means such area as the senior police officer considers appropriate, having regard to the nature and extent of the disruption that may result from the assembly or procession.
166 Powers of senior officers to impose conditions on protests¶
—
.(i) the most senior in rank of the police officers present at the scene, or (ii) in the case of a procession in England and Wales, a police officer authorised by a chief officer of police for the purposes of this subsection, and
—
;(i) the most senior in rank of the police officers present at the scene, or (ii) in the case of an assembly in England and Wales, a police officer authorised by a chief officer of police for the purposes of this subsection, and
167 Amendments relating to British Transport Police and Ministry of Defence Police¶
.(a) wholly or partly open to the air, or (b) within any of paragraphs (a) to (f) of section 31(1) of the Railways and Transport Safety Act 2003;
(9B) So far as they relate to an authorisation by a member of the Ministry of Defence Police— (a) subsections (1) and (9) have effect as if the references to a locality in a police area were references to a place in England and Wales among those specified in section 2(2) of the Ministry of Defence Police Act 1987, and (b) subsection (1)(aa)(i) has effect as if the reference to a police area were a reference to the places in England and Wales specified in section 2(2) of the Ministry of Defence Police Act 1987.
;(8) So far as subsections (1), (3) and (6) relate to an authorisation by a member of the British Transport Police Force, those subsections have effect as if the references to a locality or a locality in a police area were references to a place in England and Wales among those specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003. (8A) So far as subsections (1), (3) and (6) relate to an authorisation by a member of the Ministry of Defence Police, those subsections have effect as if the references to a locality or a locality in a police area were references to a place in England and Wales among those specified in section 2(2) of the Ministry of Defence Police Act 1987.
168 Return to unauthorised encampments: prohibited period¶
169 Harassment of a person in their home¶
.(iii) that they should not have done something they were entitled or required to do; or (iv) that they should have done something they were not under any obligation to do;
.(iii) that they should not have done something they were entitled or required to do; or (iv) that they should have done something they were not under any obligation to do;
Part 11 — Powers of police etc¶
Power to suspend IP addresses etc¶
170 Suspension of internet protocol addresses and internet domain names¶
Schedule 17 makes provision about IP address suspension orders and domain name suspension orders.Powers in respect of stolen goods¶
171 Electronically tracked stolen goods: search without warrant¶
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).
172 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 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.
Extraction of online information etc¶
173 Extraction of online information following seizure of electronic devices¶
174 Section 173: supplementary¶
175 Section 173: interpretation¶
“senior officer”, in respect of an enforcement officer, means a person listed in the corresponding entry in the second column of the table.
Enforcement officer
Senior officer
a constable of a police force in England and Wales
a constable of at least the rank of inspector
a constable within the meaning of Part 1 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) (see section 99 of that Act)
a constable of at least the rank of inspector
a police officer within the meaning of the Police (Northern Ireland) Act 2000 (see section 77(1) of that Act)
a police officer of at least the rank of inspector
an officer appointed by the Police Ombudsman for Northern Ireland under section 56(1) or (1A) of the Police (Northern Ireland) Act 1998
an officer of at least the rank of inspector
a member of a civilian police staff
a constable of at least the rank of inspector
a constable of the British Transport Police Force
a constable of at least the rank of inspector
a constable of the Ministry of Defence police
a constable of at least the rank of inspector
a member of the Royal Navy Police or any other person who is under the direction and control of the Provost Marshal of the Royal Naval Police
a member of the Royal Navy Police of at least the rank of lieutenant
a member of the Royal Military Police or any other person who is under the direction and control of the Provost Marshal of the Royal Military Police
a member of the Royal Military Police of at least the rank of captain
a member of the Royal Air Force Police or any other person who is under the direction and control of the Provost Marshal of the Royal Air Force Police
a member of the Royal Air Force Police of at least the rank of flight lieutenant
a member of the tri-service serious crime unit described in section 375(1A) of the Armed Forces Act 2006 or any other person who is under the direction and control of the Provost Marshal for serious crime
a member of the Royal Navy Police, Royal Military Police or Royal Air Force Police of at least the rank of lieutenant, captain or flight lieutenant
a National Crime Agency officer
a National Crime Agency officer of grade 3 or above
an officer of Revenue and Customs
an officer of Revenue and Customs of at least the grade of higher officer
a member of the Serious Fraud Office
a member of the Serious Fraud Office of grade 7 or above
a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971
an immigration officer of at least the rank of chief immigration officer
an officer of the department of the Secretary of State for Business and Trade, so far as relating to the Insolvency Service
an officer of the department of the Secretary of State for Business and Trade, so far as relating to the Insolvency Service, of grade 7 or above
an officer of the department of the Secretary of State for Health and Social Care authorised to conduct investigations on behalf of the Secretary of State
an officer of the department of the Secretary of State for Health and Social Care authorised to conduct investigations on behalf of the Secretary of State of grade 7 or above
an officer of the NHS Counter Fraud Authority
an officer of the NHS Counter Fraud Authority of at least pay band 8b
176 Section 173: confidential information¶
177 Section 173: code of practice¶
178 Extraction of online information: ports and border security¶
Extraction of online information
11B (1) This paragraph applies where an electronic device is detained under paragraph 11 after having been— (a) searched or found on a search under paragraph 8, or (b) examined under paragraph 9. (2) A relevant senior officer may authorise a constable to extract information accessible by means of one or more online accounts which were accessed by means of the device before the search or examination began. (3) The power conferred by virtue of sub-paragraph (2) may be exercised only to extract information which was accessible by means of the online accounts at the time the search or examination began. (4) An authorisation under sub-paragraph (2) also confers powers to— (a) access an online account of the kind mentioned in that sub-paragraph, and (b) examine any information accessible by means of such an account. (5) The power conferred by virtue of sub-paragraph (4)(b) may be exercised only for the purpose of determining whether information may be extracted under the authorisation. (6) The powers conferred by virtue of this paragraph are exercisable only for so long as the electronic device continues to be detained under paragraph 11. (7) A constable who is given an authorisation under sub-paragraph (2) may arrange for another person to exercise the powers conferred by the authorisation on their behalf. (8) In this paragraph— online account means an account by means of which information held on a service provided by means of the internet is made accessible; relevant senior officer, in relation to a constable who is given an authorisation under sub-paragraph (2), means another constable who— (a) is of a higher rank than the constable who is given the authorisation, and (b) has not been directly involved in the exercise of any power under this Part of this Schedule to take the electronic device or to question a person from whom the device was taken. (9) References in this paragraph and paragraph 11C to the extraction of information include its reproduction in any form. 11C Any information which has been extracted by virtue of paragraph 11B may be retained by a constable— (a) for so long as is necessary for the purpose of determining whether a person falls within section 40(1)(b), (b) while the constable believes that it may be needed for use as evidence in criminal proceedings, or (c) while the constable believes that it may be needed in connection with a decision by the Secretary of State whether to make a deportation order under the Immigration Act 1971.
Extraction of online information
22A (1) This paragraph applies where an electronic device is retained under paragraph 11 after having been— (a) searched or found on a search under paragraph 8, or (b) examined under paragraph 9. (2) A relevant senior officer may authorise a constable to extract information accessible by means of one or more online accounts which were accessed by means of the device before the search or examination began. (3) The power conferred by virtue of sub-paragraph (2) may be exercised only to extract information which was accessible by means of the online accounts at the time the search or examination began. (4) An authorisation under sub-paragraph (2) also confers powers to— (a) access an online account of the kind mentioned in that sub-paragraph, and (b) examine any information accessible by means of such an account. (5) The power conferred by virtue of sub-paragraph (4)(b) may be exercised only for the purpose of determining whether information may be extracted under the authorisation. (6) The powers conferred by virtue of this paragraph are exercisable only for so long as the electronic device continues to be retained under paragraph 11. (7) A constable who is given an authorisation under sub-paragraph (2) may arrange for another person to exercise the powers conferred by the authorisation on their behalf. (8) Where a constable makes such an arrangement, the person exercising those powers on their behalf is to be treated as an examining officer for the purposes of Part 4 of this Schedule. (9) In this paragraph— online account means an account by means of which information held on a service provided by means of the internet is made accessible; relevant senior officer, in relation to a constable who is given an authorisation under sub-paragraph (2), means another constable who— (a) is of a higher rank than the constable who is given the authorisation, and (b) has not been directly involved in the exercise of any power under this Part of this Schedule to take the electronic device or to question a person from whom the device was taken. (10) References in this paragraph and paragraph 22B to the extraction of information include its reproduction in any form. 22B Any information which has been extracted by virtue of paragraph 22A may be retained by a constable— (a) for so long as it is necessary for the purpose of determining whether a person is or has been engaged in hostile activity, (b) while the constable believes that it may be needed for use as evidence in criminal proceedings, (c) while the constable believes that it may be needed in connection with a decision by the Secretary of State whether to make a deportation order under the Immigration Act 1971, (d) while the constable believes it necessary to retain the information— (i) in the interests of national security, (ii) in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national security, or (iii) for the purpose of preventing or detecting an act of serious crime, or (e) while the constable believes it necessary to retain the information to prevent death or significant injury. 22C (1) Paragraphs 18 to 22 apply to information consisting of or including confidential material that is retained by virtue of paragraph 22B(d) or (e) as they apply to a copy consisting of or including confidential material that is retained by virtue of paragraph 17(3)(d) or (e), but with the following modifications. (2) Paragraph 18(7) is to be read as if the reference to paragraph 17(3)(b) or (c) were a reference to paragraph 22B(b) or (c). (3) Paragraph 19 is to be read as if— (a) the references in sub-paragraph (3)(c) and (6) to the person from whom the article was taken from which the copy was made, and (b) the reference in sub-paragraph (7) to the person from whom an article was taken from which a copy was made, were references to the person from whom the device mentioned in paragraph 22A(1) was taken.(4) Paragraph 20(4) is to be read as if the reference to a person from whom the article was taken from which the copy was made were a reference to the person from whom the device mentioned in paragraph 22A(1) was taken. (5) Paragraph 21(7) is to be read as if the reference to the person from whom an article was taken from which the copy was made were a reference to the person from whom the device mentioned in paragraph 22A(1) was taken. (6) Paragraph 22 is to be read as if— (a) the reference in sub-paragraph (7) to paragraph 17(3)(b) or (c) were a reference to paragraph 22B(b) or (c); (b) the reference in sub-paragraph (9) to the person from whom the article was taken from which the copy was made were a reference to the person from whom the device mentioned in paragraph 22A(1) was taken.
179 Extraction of online information following agreement etc¶
Schedule 18 amends Chapter 3 of Part 2 of the Police, Crime, Sentencing and Courts Act 2022 (extraction of information from electronic devices) in relation to the extraction of information accessible by means of online accounts.180 Lawful interception of communications¶
48A Interception for accessing online accounts
(1) The interception of a relevant communication transmitted by means of a telecommunications system is authorised by this subsection if— (a) the interception is carried out by or on behalf of a person who— (i) has been authorised under a relevant power to access one or more online accounts, or (ii) is entitled by virtue of a relevant requirement to access one or more online accounts, and (b) the interception is carried out for the purpose of enabling the person to access those online accounts. (2) A “relevant communication” means a communication transmitted as part of a process used to— (a) establish or verify the identity of a person, or (b) establish or verify that a person is a natural person. (3) A “relevant power” means a power conferred by— (a) paragraph 11B of Schedule 7 to the Terrorism Act 2000; (b) paragraph 22A of Schedule 3 to the Counter-Terrorism and Border Security Act 2019; (c) section 37(1A) of the Police, Crime, Sentencing and Courts Act 2022 by virtue of section 40 of that Act; (d) section 41(1A) of that Act; (e) section 173 of the Crime and Policing Act 2026. (4) A “relevant requirement” means a requirement imposed under— (a) paragraph 7(1) of Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011; (b) paragraph 8(1) of Schedule 7 to the National Security Act 2023; (c) section 220(2)(c) of the Crime and Policing Act 2026. (5) The interception of a communication transmitted by means of a telecommunications system is authorised by this section if it is incidental to, or is reasonably carried out in connection with, conduct that is authorised by virtue of subsection (1). (6) In this section “online account” means an account by means of which information held on a service provided by means of the internet is made accessible.
Access to driver licensing information¶
181 Access to driver licensing information¶
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) The requirement in subsection (5) may be satisfied by consultation carried out wholly or partly before this section comes into force. (7) The Secretary of State may not make driver information regulations in relation to Northern Ireland authorised persons without the consent of the Department of Justice in Northern Ireland. (8) “Northern Ireland authorised persons” means authorised persons who— (a) are under the direction and control of— (i) the Chief Constable of the Police Service of Northern Ireland, (ii) the Belfast Harbour Commissioners, or (iii) Belfast International Airport Limited, or (b) are officers of the Police Ombudsman for Northern Ireland. (9) In this section— authorised person has the meaning given in section 71A; 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
an employee of the Law Officers’ Department
His Majesty’s Attorney General for Jersey
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 requirement in subsection (3) may be satisfied by consultation carried out wholly or partly before this section comes into force. (5) 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. (6) The Secretary of State must lay before Parliament and publish any code of practice issued or revised under this section. (7) 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 181 of the Crime and Policing Act 2026 first comes into force for any purpose, other than the purposes of making regulations.
(5A) A statutory instrument containing regulations under section 71 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Non-criminal hate incidents¶
182 Code of practice relating to non-criminal hate incidents¶
In the Police, Crime, Sentencing and Courts Act 2022, omit—Drug testing in police detention¶
183 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.
184 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.
185 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.
186 Removal of power to continue detention¶
187 Removal of notification conditions¶
Conditional cautions¶
188 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),
Closure notices and orders¶
189 Duration of closure notices and orders: extension¶
(8) The period of a closure order may be extended for another 12 months after the original extended 12 month period has elapsed, and there is no maximum duration of the closure order.
Abolition of non-criminal hate incidents¶
190 Abolition of non-crime hate incidents¶
Part 12 — Proceeds of crime and other property connected with criminal behaviour¶
191 Confiscation¶
192 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 13 — Management of offenders¶
193 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.
, or
(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.
194 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 194 of the Crime and Policing Act 2026 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 194 of the Crime and Policing Act 2026 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, 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 suspended sentence orders made before (as well as those made after) section 194 of the Crime and Policing Act 2026 comes into force.
195 Notification requirements for child cruelty offenders¶
196 Notification requirements for child cruelty offenders: enforcement¶
197 Notification requirements for child cruelty offenders: power to amend Schedule 23¶
198 Notification requirements for child cruelty offenders: interpretation¶
Part 14 — The police¶
Handling of complaints and conduct matters¶
199 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
200 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).
201 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).
202 Misconduct investigations where officer acquitted¶
13BA No re-investigation on acquittal for the same conduct
(1) Where this section applies, the Director-General may not make a determination under section 13B(2) to re-investigate the complaint, recordable conduct matter or DSI matter. (2) This section applies where— (a) the Director-General, appropriate authority or relevant review body (as the case may be) has made a determination under paragraphs 23(2)(c), 24(2)(b) or 25(4G) of Schedule 3, (b) as a result of the determination mentioned in paragraph (a), the Director of Public Prosecutions has brought criminal proceedings against the relevant person, and (c) the relevant person has been acquitted in those criminal proceedings. (3) The exception in subsection (1) does not apply only if— (a) the relevant authority has come into possession of substantial new evidence relating to the conduct that was the subject of the investigation, and (b) the relevant authority is of the reasonable opinion that the new evidence would, if considered, be significantly likely to lead to a finding of misconduct or gross misconduct. (4) In this section— (a) “relevant person” means the person to whose conduct the investigation related; (b) “relevant authority” means the Director-General, appropriate authority, local policing body or relevant review body (as the case may be).
Investigation where person acquitted in criminal proceedings
24D (1) This paragraph applies where— (a) an investigation of a complaint, conduct matter or DSI matter (“the index investigation”) has concluded and the final report has been submitted to the relevant authority, (b) the relevant authority has made a determination under paragraphs 23(2)(c), 24(2)(b) or 25(4F), (c) as a result of the determination mentioned in sub-paragraph (b), the Director of Public Prosecutions has brought criminal proceedings against the relevant person, and (d) the relevant person has been acquitted in those criminal proceedings. (2) In this paragraph— (a) “relevant person” means the person to whose conduct the index investigation related; (b) “relevant authority” means the Director-General, appropriate authority, local policing body or relevant review body (as the case may be). (3) Where this paragraph applies, the relevant authority may not initiate a new investigation, re-open an investigation or order a re-investigation against the relevant person in relation to the same complaint, conduct matter or DSI matter that was the subject of the index investigation. (4) Sub-paragraph (3) does not apply only if— (a) the relevant authority has come into possession of substantial new evidence relating to the conduct that was the subject of the index investigation, and (b) the relevant authority is of the reasonable opinion that the new evidence would, if considered, be significantly likely to lead to a finding of misconduct or gross misconduct.
, and(4DA) The Director-General may not direct that the complaint be re-investigated under sub-paragraph (4C)(b) if paragraph 24D applies in relation to that investigation.
(4EA) The local policing body may not make a recommendation to the appropriate authority that the complaint be re-investigated under sub-paragraph (4E)(a) if paragraph 24D applies in relation to the conduct to which the investigation related.
Anonymity for authorised firearms officers¶
203 Anonymity for authorised firearms officers charged with qualifying offences¶
204 Anonymity for authorised firearms officers appealing convictions for qualifying offences¶
205 Authorised firearms officers: reporting directions¶
206 Authorised firearms officers: anonymity orders¶
Appeals to police appeals tribunals¶
207 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.
Barred and advisory lists¶
208 Law enforcement employers may not employ etc barred persons¶
209 Meaning of “law enforcement employer”¶
210 Application of section 208 to Secretary of State¶
211 Application of section 208 to specified law enforcement employer¶
212 Duty of law enforcement employers to check advisory lists¶
213 Application of section 212 to specified law enforcement employer¶
214 Interpretation of sections 208 to 213¶
In sections 208 to 213—215 Special police forces: barred persons lists and advisory lists¶
Schedule 24 makes provision for barred persons lists and advisory lists to be maintained by—216 Consequential amendments¶
(b) the British Transport Police barred list (within the meaning of section 214 of the Crime and Policing Act 2026; (c) the Civil Nuclear Constabulary barred list (within the meaning of that section); (d) the Ministry of Defence Police barred list (within the meaning of that section); (e) the National Crime Agency barred list (within the meaning of that section); (f) the Scottish police barred list maintained under section 59A of the Police and Fire Reform (Scotland) Act 2012 (asp 8).
(b) the British Transport Police barred list (within the meaning of section 214 of the Crime and Policing Act 2026; (c) the Civil Nuclear Constabulary barred list (within the meaning of that section); (d) the Ministry of Defence Police barred list (within the meaning of that section); (e) the National Crime Agency barred list (within the meaning of that section); (f) the Scottish police barred list maintained under section 59A of the Police and Fire Reform (Scotland) Act 2012 (asp 8).
Critical police undertakings¶
217 Power to give directions to critical police undertakings¶
In the Police Act 1996, after section 40C insert—40D Power to give directions to critical police undertakings
(1) The Secretary of State may give a notice under this section to a critical police undertaking. (2) An undertaking is a “critical police undertaking” if— (a) it provides facilities or services to two or more police forces, (b) the provision of facilities or services to police forces is its principal business activity, (c) it is wholly or partly funded by grants from the Secretary of State, and (d) the Secretary of State considers that the facilities or services it provides to police forces are calculated to promote the efficiency and effectiveness of the police. (3) A critical police undertaking to which a notice is given under this section must comply with any directions given to it under this section by the Secretary of State. (4) A direction under this section is a direction requiring the critical police undertaking to which it is given to take, or not to take, action specified in the direction. (5) The action that a direction may require a critical police undertaking to take includes (for example)— (a) entering into agreements, including contracts of employment; (b) appointing officers; (c) exercising a function of management in a particular way; (d) providing information to the Secretary of State. (6) The Secretary of State may give a notice or direction under this section only if the Secretary of State considers that giving the notice or direction is calculated to promote the efficiency and effectiveness of the police. (7) Before giving a notice or direction under this section the Secretary of State must consult the critical police undertaking to which the notice or direction is to be given. (8) A notice or direction under this section must be given in writing. (9) The Secretary of State must lay before Parliament, and publish, a notice or direction given under this section. (10) The Secretary of State may vary or revoke a notice or direction given under this section by giving a further notice or direction under this section. (11) In this section “undertaking” has the meaning given by section 1161(1) of the Companies Act 2006.
Part 15 — Terrorism and national security¶
Chapter 1 — Youth diversion orders¶
Power to make orders¶
218 Power to make youth diversion orders¶
219 Meaning of “serious harm”¶
Content of orders¶
220 Content of youth diversion orders¶
221 Notification requirements¶
222 Electronic monitoring of compliance with order: England and Wales¶
A youth diversion order made by a court in England and Wales may impose on the respondent a requirement (an “electronic monitoring requirement”) to submit to electronic monitoring of the respondent’s compliance with prohibitions or requirements imposed by the order.
This is subject to section 223.
223 Conditions for imposing electronic monitoring requirement: England and Wales¶
224 Data from electronic monitoring in England and Wales: code of practice¶
The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of persons under electronic monitoring requirements (within the meaning of section 222) imposed by youth diversion orders in England and Wales.Procedure¶
225 Duty to consult¶
226 Applications without notice¶
227 Interim youth diversion orders¶
The court may, if it considers it necessary to do so, make a youth diversion order lasting (subject to section 228) until the determination of the application (an “interim youth diversion order”).
Section 220(9) does not apply in relation to an interim youth diversion order.
Variation, discharge and appeals¶
228 Variation and discharge of youth diversion orders¶
229 Appeal against youth diversion order etc¶
Supplementary¶
230 Offence of breaching youth diversion order¶
(h) section 230(5) of that Act (breach of youth diversion order).
231 Guidance¶
232 Rules of court about anonymity for respondents¶
233 Applications¶
Youth diversion orders
13 Proceedings for or in relation to a youth diversion order under section 218 of the Crime and Policing Act 2026.
234 Reviews of operation of this Chapter¶
In the Counter-Terrorism and Security Act 2015, in section 44(2) (provisions the operation of which the person appointed under section 36(1) of the Terrorism Act 2006 is also responsible for reviewing), after paragraph (e) insert—(f) Chapter 1 of Part 15 of the Crime and Policing Act 2026.
Chapter 2 — Other provisions about terrorism and national security¶
235 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.
236 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.
, or
(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.
237 Glorification of terrorism: removal of emulation requirement¶
(a) relates to one or more organisations which are at the time of the statement proscribed as terrorist organisations, and glorifies the commission or preparation (whether in the past, in the future or generally) of such acts or offences; or (b) glorifies the commission or preparation (whether in the past, in the future or generally) of such acts or offences, and is a statement from which members of the public could reasonably be expected to infer that what is being glorified is being glorified as conduct that should be emulated by them in existing circumstances.
238 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.
239 Sentences for offence of breaching foreign travel restriction order¶
Schedule 26 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).240 Length of terrorism sentence with fixed licence period: Northern Ireland¶
.(za) Articles 13A and 14 of this Order;
241 Terrorism offences excepted from defence for slavery or trafficking victims¶
;section 11 (membership of a proscribed organisation) section 12 (support of a proscribed organisation) section 15 (fund-raising for terrorism) section 16 (use and possession of property for terrorism) section 17 (funding arrangements) section 17A (insurance against payments made in response to terrorist demands) section 18 (money laundering) section 19 (disclosure of information: duty) section 21A (failure to disclose: regulated sector) section 38B (information about acts of terrorism) section 39 (disclosure of information prejudicial to investigation)
.section 58 (collection of information) section 58A (eliciting, publishing or communicating information about members of armed forces etc) section 58B (entering or remaining in a designated area)
.section 67 (security of pathogens and toxins) section 79 (disclosures relating to nuclear security)
;section 1 (encouragement of terrorism) section 2 (dissemination of terrorist publications)
.section 8 (attendance at a place used for terrorist training)
Counter-Terrorism Act 2008 (c.28)
35ZA An offence under section 54 of the Counter-Terrorism Act 2008 (offences relating to notification). Terrorism Prevention and Investigation Measures Act 2011 (c. 23)
35ZB An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (contravention of terrorism prevention and investigation measures notice). Counter-Terrorism and Security Act 2015 (c. 6)
35ZC An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order or notice).
242 Ports and border security: retention and copying of articles¶
(3) Where an article is detained by virtue of paragraph (a) of sub-paragraph (2), a senior officer may extend the period mentioned in that paragraph by up to 7 days. (4) A senior officer may only exercise the power conferred by sub-paragraph (3) if the senior officer has not been directly involved in the exercise of any power under this Part of this Schedule to take the article or to question a person from whom the article was taken. (5) In sub-paragraphs (3) and (4) “senior officer” means— (a) where the examining officer who detained the article is a constable, a constable of a higher rank than the examining officer, (b) where the examining officer who detained the article is an immigration officer, an immigration officer of a higher grade than the examining officer, and (c) where the examining officer who detained the article is a customs officer, a customs officer of a higher grade than the examining officer.
(4) An examining officer may authorise another person to exercise the power conferred by sub-paragraph (2) on their behalf.
(3) Where an article is retained by virtue of paragraph (a) of sub-paragraph (2), a senior officer may extend the period mentioned in that paragraph by up to 7 days. (4) A senior officer may exercise the power conferred by sub-paragraph (3) only if the senior officer has not been directly involved in the exercise of any power under this Part of this Schedule to take the article or to question a person from whom the article was taken. (5) In sub-paragraphs (3) and (4) “senior officer” means— (a) where the examining officer who retained the article is a constable, a constable of a higher rank than the examining officer, (b) where the examining officer who retained the article is an immigration officer, an immigration officer of a higher grade than the examining officer, and (c) where the examining officer who retained the article is a customs officer, a customs officer of a higher grade than the examining officer.
(a) the person from whom it was taken, or (b) where the Commissioner considers that there is another person to whom it would be more appropriate to return the article, that person.
—
.(i) the person from whom it was taken, or (ii) where the Commissioner considers that there is another person to whom it would be more appropriate to return the article, that person,
(4) An examining officer may authorise another person to exercise the power conferred by sub-paragraph (2) on their behalf. (5) A person authorised under sub-paragraph (4) is to be treated as an examining officer for the purposes of Part 4 of this Schedule.
243 Prevention and investigation measures: online information¶
.(ea) the inspection of any online account accessed by means of a device;
(4A) The “inspection” of a device, or an online account accessed by means of a device, includes— (a) accessing the device or the online account, (b) examining information held on the device or accessed by means of the online account, and (c) extracting such information.
(7) An “online account” means an account by means of which information held on a service provided by means of the internet is made accessible. (8) The reference in this paragraph to “extracting” information includes reproducing it in any form.
.(ea) the inspection of any online account accessed by means of a device;
(4A) The “inspection” of a device, or an online account accessed by means of a device, includes— (a) accessing the device or the online account, (b) examining information held on the device or accessed by means of the online account, and (c) extracting such information.
(7) An “online account” means an account by means of which information held on a service provided by means of the internet is made accessible. (8) The reference in this paragraph to “extracting” information includes reproducing it in any form.
244 Proscription status of Iran-related entities: review¶
245 AI chatbots: content promoting terrorist and national security offences¶
Part 16 — Abortion¶
246 Removal of women from the criminal law related to abortion¶
For the purposes of the law related to abortion, including sections 58 and 59 of the Offences Against the Person Act 1861 and the Infant Life (Preservation) Act 1929, no offence is committed by a woman acting in relation to her own pregnancy.247 Provisions for pardons and criminal records of women prosecuted under abortion law¶
165A Pardon and expungement of records for women under the law related to abortion
(1) Subsections (2) and (3) apply in respect of a woman (whether living or deceased) who, when acting in relation to her own pregnancy, was convicted of, cautioned for, arrested for, or investigated on suspicion of, an offence under the law related to abortion, including sections 58 and 59 of the Offences Against the Person Act 1861, and the Infant Life (Preservation) Act 1929. (2) Where the woman has been convicted of, or cautioned for, an offence detailed in subsection (1), she is pardoned for the offence. (3) The Secretary of State must by notice direct the relevant data controller to delete details, contained in relevant official records, of a conviction, caution, arrest, or investigation detailed in subsection (1). (4) Expressions used in this section or section 167(1) (so far as relating to this section) and in Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 have the same meaning in this section or (as the case may be) section 167(1) as in that Chapter (see section 101 of that Act).
Part 17 — Miscellaneous and general¶
International law enforcement data-sharing agreements¶
248 Implementation of international law enforcement information-sharing agreements¶
249 Meaning of “appropriate national authority”¶
; or
(xiv) section 248 of the Crime and Policing Act 2026.
250 Consultation with devolved authorities about regulations under section 248¶
Before making regulations under section 248, the Secretary of State must consult—Extradition¶
251 Extradition: cases where a person has been convicted¶
any of the following applies—
;(a) the person would be entitled to a retrial or (on appeal) to a review amounting to a retrial; (b) the person would be so entitled unless a court in the territory concerned were to decide that they deliberately absented themselves from their trial; (c) the person was entitled as mentioned in paragraph (a) or (b) but expressly waived that entitlement; (d) having been informed that they were entitled as mentioned in paragraph (a) or (b), the person failed to exercise that entitlement before the end of the period permitted for exercising it.
;(7A) For the purposes of subsection (1), a person convicted at a trial at which they were legally represented (but not present in person) is to be treated as having been convicted in their presence.
any of the following applies—
;(a) the person would be entitled to a retrial or (on appeal) to a review amounting to a retrial; (b) the person would be so entitled unless a court in the territory concerned were to decide that they deliberately absented themselves from their trial; (c) the person was entitled as mentioned in paragraph (a) or (b) but expressly waived that entitlement; (d) having been informed that they were entitled as mentioned in paragraph (a) or (b), the person failed to exercise that entitlement before the end of the period permitted for exercising it.
;(7A) For the purposes of subsection (1), a person convicted at a trial at which they were legally represented (but not present in person) is to be treated as having been convicted in their presence.
OFCOM’s notices to providers of internet services¶
252 OFCOM’s notices to providers of internet services¶
31A Duty to notify OFCOM of certain child deaths
(1) A senior coroner who is made aware that the body of a deceased child is within that coroner’s area must notify the Office of Communications (OFCOM) of that fact within 5 working days of being made aware of the body, unless— (a) the coroner decides that the death is not one into which the coroner has a duty under section 1(1) to conduct an investigation, or (b) the coroner is satisfied that no purpose would be served by OFCOM giving a notice under section 101(C1) of the Online Safety Act 2023 requiring the retention of information about use of internet services by the child who has died, because such information is of no relevance to the child’s death. (2) In this section “child” means a person who, at the time of death, was (to the best of the coroner’s knowledge) aged between 5 and 17. (3) In this section “working day” means any day other than— (a) Saturday or Sunday, (b) Christmas Day or Good Friday, or (c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.
(H1) Regulations under subsection (E1)(a) may make provision by reference to a document as amended from time to time.
.(i) where the investigating authority is a senior coroner (in England and Wales), for the period of six months beginning with the date of the notice, or (ii) in other cases, for the period of one year beginning with the date of the notice,
Power to amend Online Safety Act 2023¶
253 Power to amend Online Safety Act 2023: AI¶
Power to amend Act: illegal AI-generated content etc
216A Power to amend Act in relation to illegal AI-generated content etc
(1) Subject to subsection (14)(b), the Secretary of State may by regulations amend any provision of this Act for or in connection with the purposes of minimising or mitigating the risks of harm to individuals in the United Kingdom presented by— (a) illegal AI-generated content; (b) the use of AI services for the commission or facilitation of priority offences. (2) In this section, “AI service” means an internet service that is capable (or part of which is capable) of generating AI-generated content (no matter what proportion of content on the service is AI-generated). (3) The provision that may be made by regulations includes provision securing that any or all of the duties set out in subsection (4) are imposed on providers of AI services in relation to— (a) illegal AI-generated content; (b) the design, operation or use of AI services so far as relating to illegal AI-generated content; (c) the use of AI services for the commission or facilitation of priority offences. (4) The duties referred to in subsection (3) are— (a) duties imposed on providers of regulated user-to-user services by section 9 or 10 (illegal content and activity) or any of sections 20 to 23 so far as relating to section 9 or 10; (b) duties imposed on providers of regulated search services or combined services by section 26 or 27 (search content that is illegal content) or any of sections 31 to 34 so far as relating to section 26 or 27; (c) duties corresponding or similar to the duties in paragraph (a) or (b). (5) The provision that may be made by regulations by virtue of subsection (3) includes provision imposing duties on providers of AI services in relation to illegal AI-generated content of all kinds even where a corresponding or similar duty imposed on providers of regulated user-to-user or search services relates only to priority illegal content. (6) The provision that may be made by regulations includes provision securing that the duties imposed on providers of Category 1 services and Category 2A services by section 38 or 39 (fraudulent advertising), or duties corresponding or similar to those duties, are imposed on providers of AI services in relation to fraudulent advertisements (whether or not AI-generated). (7) The provision that may be made by regulations includes provision securing that the requirements imposed on providers of Part 3 services by section 66 (reporting CSEA content), or requirements corresponding or similar to those requirements, are imposed on providers of AI services in relation to AI-generated CSEA content (and if such corresponding or similar requirements are imposed, regulations may amend section 67(1) so as to refer to the provision imposing them, as well as to section 66). (8) The provision that may be made by regulations includes provision securing any of the following— (a) that providers of AI services are subject to the requirements imposed on providers of regulated services by, or by OFCOM under, Part 6 (fees), or are subject to requirements corresponding or similar to those requirements; (b) that duties imposed on OFCOM in relation to Part 3 services by Chapter 3 of Part 7 (OFCOM’s register of risks, and risk profiles), or duties corresponding or similar to those duties, are imposed on OFCOM in relation to AI services, so far as relating to illegal AI-generated content generated by such services or their use for the commission or facilitation of priority offences; (c) that functions conferred on OFCOM in relation to regulated services under the following provisions, or functions corresponding or similar to those functions, are conferred on OFCOM in relation to AI services, so far as relating to provision made by the regulations— (i) Chapter 4 of Part 7 (information); (ii) Chapter 6 of Part 7 (enforcement), including provisions of that Chapter conferring power for OFCOM to impose monetary penalties; (d) that powers conferred on OFCOM in relation to Part 3 services under Chapter 5 of Part 7 (notices to deal with terrorism content and CSEA content), or powers corresponding or similar to those powers, are conferred on OFCOM in relation to AI services, so far as relating to AI-generated terrorism content or AI-generated CSEA content; (e) that OFCOM have power to make provision in guidance or a code of practice relating to provision made by the regulations. (9) The provision that may be made by regulations includes provision securing that any provision of this Act that applies in relation to illegal content or illegal content of a particular kind applies (with or without modifications), or does not apply, in relation to illegal AI-generated content or illegal AI-generated content of a particular kind. (10) The provision that may be made by regulations includes provision amending any definition in this Act, including (but not limited to)— (a) provision securing that AI services fall within the definition of “regulated user-to-user service”, “regulated search service”, “combined service”, “Part 3 service” or “regulated service” (so far as that is not already the case) or are excluded from any of those definitions; (b) provision giving the meaning of any defined term in relation to AI services, AI-generated content or AI-generated content of a particular kind. (11) Regulations may make provision securing that providers of specified kinds of AI services are exempt from the requirement to comply with specified duties or requirements imposed by the regulations. (12) The provision that may be made by regulations includes— (a) provision in relation to AI services that corresponds or is similar to provision in Chapter 2 of Part 7 (register of categories of services); (b) provision conferring power on the Secretary of State to make regulations containing provision in relation to AI services that corresponds or is similar to provision that may be made by regulations under paragraph 1 of Schedule 11 (“threshold conditions”). (13) Regulations may make provision having the effect that AI services provided from outside the United Kingdom are regulated by this Act (as well as AI services provided from within the United Kingdom), but, if they do so, must contain equivalent provision to that made in relation to user-to-user services and search services by section 4(5) and (6) (UK links). (14) Regulations— (a) may (among other things) amend any provision of this Act that mentions an automated tool or a bot (including section 59(12)); (b) may not amend section 234 (“harm” etc). (15) Regulations— (a) may make different provision with regard to AI services of different kinds; (b) may make provision with regard to AI services generally or any one or more specified kinds of AI service; (c) may make different provision with regard to AI-generated content generated by different kinds of automated tools or functionalities available on AI services; (d) may make provision with regard only to AI-generated content generated by specified kinds of automated tools or functionalities available on AI services. (16) Regulations may make provision as to the meaning of any reference to “AI-generated”, or “AI-generated content”, inserted by the regulations into this Act. (17) In this section— AI is short for artificial intelligence; AI-generated CSEA content means CSEA content that is AI-generated, and “CSEA content” here has the same meaning as in Part 3 (see section 59) except that section 59(14)(a) is to be disregarded; AI-generated terrorism content means terrorism content that is AI-generated, and “terrorism content” here has the same meaning as in Part 3 (see section 59) except that section 59(14)(a) is to be disregarded; amend includes repeal and apply (with or without modifications); fraudulent advertisement has the meaning given by section 38 or 39 (depending on the kind of AI service in question), disregarding the fact that the definition in those sections applies in relation only to a Category 1 service or a Category 2A service; illegal AI-generated content means illegal content that is AI-generated; illegal content has the same meaning as in Part 3 (see section 59), except that where that term is used in the definition of “illegal AI-generated content”, section 59(14)(a) is to be disregarded; priority illegal content has the same meaning as in Part 3 (see section 59); priority offence has the same meaning as in Part 3 (see section 59); regulations, except in subsection (12)(b), means regulations under subsection (1); specified means specified in regulations.
.(fa) regulations under section 216A(1),
Criminal liability of bodies and partnerships¶
254 Criminal liability of bodies corporate and partnerships where senior manager commits offence¶
AI chatbots: offences¶
255 AI chatbots: offence¶
256 AI chatbots offence committed by provider of a regulated service under the Online Safety Act 2023¶
257 Liability for offence under sections 245 or 255 committed by a body¶
258 Defences to the AI chatbots offences¶
It is a defence for any person charged with an offence under sections 245 or 255 to prove that they—259 Right not to be subject to serious harm and injunctive relief¶
General¶
260 Powers to make consequential amendments etc¶
261 Regulations¶
262 Regulations made by the Scottish Ministers, the Department of Justice or the Welsh Ministers¶
263 Extent¶
264 Commencement¶
265 Commencement: consultation requirements¶
266 Short title¶
This Act may be cited as the Crime and Policing Act 2026.Schedules¶
Schedule 11 — Youth injunctions, housing injunctions and consequential amendments¶
Part 1 — 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 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 the 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.
.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 as defined by section 2 (ignoring subsection (2) of that section);
.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, as defined by section 2 (ignoring subsection (2) of that section);
Part 2 — Consequential amendments of other Acts¶
Housing Act 1985 (c. 68)¶
.relevant proceedings means— (a) proceedings for an offence under section I1 of the Anti-social Behaviour, Crime and Policing Act 2014, (b) proceedings under Schedule 2 to that Act, or (c) proceedings for contempt of court; respect order means an order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014;
.a respect order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014; an injunction under Part 1 of that Act;
Housing Act 1988 (c. 50)¶
.relevant proceedings means— (a) proceedings for an offence under section I1 of the Anti-social Behaviour, Crime and Policing Act 2014, (b) proceedings under Schedule 2 to that Act, or (c) proceedings for contempt of court; respect order means an order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014;
Police Reform Act 2002 (c. 30)¶
(1A) In subsection (1) “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, as defined by section 2 of the Anti-social Behaviour, Crime and Policing Act 2014 (ignoring subsection (2) of that section).
Localism Act 2011 (c. 20)¶
;(ea) a respect order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014,
Sentencing Code¶
.(ca) section I1(4) of the Anti-social Behaviour, Crime and Policing Act 2014 (breach of respect order);
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.
, or
;(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.
, or
;(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 disclosure which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016. 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 — Civil penalties for service providers and content managers¶
Introduction¶
Notice of intent to issue penalty¶
Contents of a penalty notice¶
Withdrawal of notice of intent or penalty notice¶
Excuse for non-compliance with content removal notice requirements¶
Appeal¶
Enforcement etc¶
Schedule 56 — Sound moderators etc: exemptions¶
Firearms Act 1968¶
(b) a relevant accessory.
;(a) have in their possession, purchase or acquire, a firearm or ammunition, or (b) have a relevant accessory in their possession,
and
.(c) a relevant accessory,
(7) Where a rifle is borrowed on any premises in reliance on subsection (1), the borrower may, without holding a certificate under this Act, borrow and have in their possession on those premises a relevant accessory for the period for which the rifle is borrowed.
or ammunition, in the first place it occurs, substitute
, or ammunition or a relevant accessory;
or ammunition, in the second place it occurs, substitute
, or ammunition or relevant accessory;
(d) having obtained a permit under paragraph (c), remove any relevant accessory from or to a ship, aircraft or aerodrome, to or from the place specified in the permit.
Firearms (Amendment) Act 1988¶
or ammunitionsubstitute
, ammunition or relevant accessories.
(1ZA) The holder of a visitor’s firearm permit may, without holding a firearm certificate, have in their possession a relevant accessory.”
and ammunitionsubstitute
, ammunition and relevant accessories.
Schedule 67 — 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 on the balance of probabilities that the offender has engaged in child criminal exploitation or in conduct associated with child criminal exploitation, or (b) the offence is an offence under section 50 of the Crime and Policing Act 2026 (child criminal exploitation). (4) The second condition is that the court considers that there is a risk that the offender will engage in child criminal exploitation. (5) The third condition is that the court considers that it is necessary to make the order to prevent the offender from engaging, or reduce the likelihood of the offender engaging, in child criminal exploitation. (6) In subsection (3)— (a) the reference to engaging in anything includes engaging in it before (as well as after) the time when Schedule 6 to the Crime and Policing Act 2026 comes into force; (b) the reference to an offence includes an offence committed before (as well as after) that time. (7) In this Chapter— (a) a reference to a person “engaging in child criminal exploitation” is to the person— (i) doing anything that constitutes an offence under section 50 of the Crime and Policing Act 2026 (as it has effect in England and Wales), or (ii) doing anything in Scotland or Northern Ireland that would constitute an offence under that section (as it has effect in England and Wales) if done in England and Wales; (b) a reference to a person “engaging in conduct associated with child criminal exploitation” is to the person doing anything, in any part of the United Kingdom, that is associated with the doing of anything within paragraph (a)(i) or (ii). 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 preventing the offender from engaging, or reducing the likelihood of the offender engaging, in child criminal exploitation. (3) Prohibitions and requirements must, so far as practicable, be such as to avoid— (a) any conflict with any religious beliefs of the 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) Where— (a) the offender has been remanded in or committed to custody by an order of a court, or (b) a custodial sentence has been imposed on the offender or the offender is serving or otherwise subject to a such a sentence, a CCE prevention order may provide that it does not take effect until the offender is released from custody or ceases to be subject to a custodial sentence.(7) A CCE prevention order may specify periods for which particular prohibitions or requirements have effect. (8) Where a court makes a CCE prevention order in respect of 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— (a) by attending at an appropriate police station and giving an oral notification to a constable, or to a person authorised for the purpose by the officer in charge of the station, or (b) in a way specified in the CCE prevention order. (6) An “appropriate police station” is a police station in the police area in which— (a) the offender’s home address is situated, or (b) the court which made the order is situated. (7) A notification under this section must be acknowledged in writing. (8) In this section “home address” means— (a) the address of the offender’s sole or main residence in the United Kingdom, or (b) where the offender has no such residence, the address or location of a place in the United Kingdom 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. (9) In determining the period of three days mentioned in subsection (2) or (4), no account is to be taken of any time when the offender is— (a) lawfully detained or otherwise lawfully deprived of their liberty, in the United Kingdom, or (b) 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 prevent the offender from engaging, or reduce the likelihood of the offender engaging, in child criminal exploitation. (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 Offences relating to notifications
(1) This section applies where a CCE prevention order requires a person to comply with section 358C (notification requirements). (2) The person commits an offence if— (a) without reasonable excuse, they fail to comply with that section, or (b) in purported compliance with that section, they notify to the police any information which they know to be false. (3) A person who commits an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); (b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both). (4) A person commits an offence under subsection (2)(a) on the day on which they first fail, without reasonable excuse, to comply with section 358C. (5) The person continues to commit the offence throughout any period during which the failure continues. (6) But the person may not be prosecuted more than once in respect of the same failure. (7) Section 358G(4) applies for the purposes of this section. 358I Special measures for witnesses
(1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in the case of vulnerable and intimidated witnesses) applies to relevant proceedings under this Chapter as it applies to criminal proceedings, but with— (a) the omission of sections 17(4) to (7), 21(4C)(e), 22A, 27(10) and 32 of that Act (which make provision appropriate only in the context of criminal proceedings), and (b) any other necessary modifications. (2) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act apply to relevant proceedings under this Chapter— (a) to the extent provided by rules of court, and (b) subject to any modifications provided by rules of court. (3) Section 47 of that Act (restrictions on reporting special measures directions etc) applies with any necessary modifications— (a) to a direction under section 19 of that Act as applied by this section; (b) to a direction discharging or varying such a direction. Sections 49 and 51 of that Act (offences) apply accordingly.(4) In this section “relevant proceedings under this Chapter” means any proceedings under this Chapter except proceedings relating to an offence under section 358G or 358H. 358J Interpretation and supplementary provision
(1) In this Chapter— CCE prevention order means an order under section 358B; engaging in child criminal exploitation has the meaning given by section 358A (and related expressions are to be construed accordingly). (2) An application under this Chapter is to be made— (a) by complaint, where the application is made to a magistrates’ court; (b) in accordance with rules of court, in any other case. (3) Section 127 of the Magistrates’ Courts Act 1980 (time limit for complaints etc) does not apply to a complaint under this Chapter. (4) On the hearing of an application under this Chapter, section 97 of the Magistrates' Courts Act 1980 (summons to witness and warrant for arrest) does not apply in relation to any person for whose protection the order is sought, except where the person has given oral or written evidence at the hearing.
.(ea) section 358G(3) (breach of CCE prevention order);
Schedule 78 — CCE prevention orders: Scotland¶
Power to make CCE prevention order¶
CCE prevention orders¶
Applications for CCE prevention orders¶
Interim CCE prevention orders¶
The sheriff may, if they consider it necessary to do so, make a CCE prevention order lasting for a fixed period or until the determination of the application (an “interim CCE prevention order”).
Paragraph 2(5) does not apply in relation to an interim CCE prevention order.
CCE prevention orders in criminal proceedings: procedural powers¶
Notification requirements¶
Variation and discharge of CCE prevention orders made on application¶
On the application, the appropriate sheriff may (after hearing from the applicant and, if the other person mentioned in sub-paragraph (2) wishes to be heard, that person) make any order varying or discharging the order that the appropriate sheriff considers appropriate.
This is subject to sub-paragraph (7).
The appropriate sheriff may not discharge an order before the end of the period of two years beginning with the day on which the order was made, without the consent of the adult and the Chief Constable of the Police Service of Scotland.
This sub-paragraph does not apply to an interim CCE prevention order.
Variation and discharge of CCE prevention orders made in criminal proceedings¶
On the application, the court may (after hearing from the applicant and, if the other person mentioned in sub-paragraph (2) wishes to be heard, that person) make any order varying or discharging the order that the court considers appropriate.
This is subject to sub-paragraph (7).
The court may not discharge an order before the end of the period of two years beginning with the day on which the order was made, without the consent of the adult and the Chief Constable of the Police Service of Scotland.
This sub-paragraph does not apply to an interim CCE prevention order.
Appeals¶
Offence of breaching CCE prevention order¶
Offences relating to notifications¶
Interpretation¶
Schedule 89 — CCE prevention orders: Northern Ireland¶
Power to make CCE prevention order¶
CCE prevention orders¶
Applications for CCE prevention orders¶
Applications without notice¶
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”).
Paragraph 2(5) does not apply in relation to an interim CCE prevention order.
Procedural powers where no application made¶
Notification requirements¶
Variation and discharge of CCE prevention orders¶
On the application, the court may (after hearing from the applicant and any other person mentioned in sub-paragraph (2) who wishes to be heard) make any order varying or discharging the order that the court considers appropriate.
This is subject to sub-paragraph (7).
Appeals¶
Offence of breaching CCE prevention order¶
Offences relating to notifications¶
Special measures for witnesses¶
Interpretation and supplementary provision¶
Schedule 910 — Control over another’s home for criminal purposes: relevant offences¶
Part 1 — England and Wales¶
Part 2 — Scotland¶
Part 3 — Northern Ireland¶
Schedule 1011 — Online facilitation of child sexual exploitation and abuse: specified offences¶
Part 1 — England and Wales¶
Part 2 — Scotland¶
Part 3 — Northern Ireland¶
Schedule 1112 — Sexual offences against children under 16: consequential amendments¶
Firearms Act 1968 (c.27)¶
.(fa) section 8A (rape of a child under 16); (fb) section 8B (assault of a child under 16 by penetration); (fc) section 8C (causing or inciting a child under 16 to engage in sexual activity involving penetration), where the activity was caused;
Internationally Protected Persons Act 1978 (c.17)¶
.(ea) an offence under section 8A or 8B of that Act; (eb) an offence under section 8C of that Act, where the activity involving penetration was caused;
Suppression of Terrorism Act 1978 (c.26)¶
.(da) section 8A or 8B (rape of a child under 16; assault of a child under 16 by penetration); (db) section 8C (causing or inciting a child under 16 to engage in sexual activity involving penetration), where the activity was caused;
Criminal Justice Act 1982 (c. 48)¶
Children Act 1989 (c. 41)¶
.(ha) section 8A (rape of a child under 16); (hb) section 8B (assault of a child under 16 by penetration); (hc) section 8C (causing or inciting a child under 16 to engage in sexual activity involving penetration);
Criminal Justice and Public Order Act 1994 (c. 33)¶
.(ka) an offence under section 8A of that Act (rape of a child under 16); (kb) an offence under section 8B of that Act (assault of a child under 16 by penetration); (kc) an offence under section 8C of that Act (causing or inciting a child under 16 to engage in sexual activity involving penetration), where the activity was caused;
Criminal Injuries Compensation Act 1995 (c. 53)¶
Crime (Sentences) Act 1997 (c. 43)¶
.(fa) an offence under section 8A of that Act (rape of a child under 16);
Criminal Justice Act 2003 (c. 44)¶
.(ea) an offence under section 8A of that Act (rape of a child under 16);
Rape of a child under 16
16A An offence under section 8A of the Sexual Offences Act 2003. Attempted rape of a child under 16
16B An offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence under section 8A of the Sexual Offences Act 2003. Assault of a child under 16 by penetration
16C An offence under section 8B of the Sexual Offences Act 2003. Causing a child under 16 to engage in sexual activity involving penetration
16D An offence under section 8C of the Sexual Offences Act 2003 where it is alleged that the activity was caused.
Rape of a child under 16
15A An offence under section 8A of the Sexual Offences Act 2003. Attempted rape of a child under 16
15B An offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence under section 8A of the Sexual Offences Act 2003. Assault of a child under 16 by penetration
15C An offence under section 8B of the Sexual Offences Act 2003. Causing a child under 16 to engage in sexual activity involving penetration
15D An offence under section 8C of the Sexual Offences Act 2003 where it is alleged that the activity was caused.
109A An offence under section 8A of that Act (rape of a child under 16). 109B An offence under section 8B of that Act (assault of a child under 16 by penetration). 109C An offence under section 8C of that Act (causing or inciting a child under 16 to engage in sexual activity involving penetration).
.(aa) sections 8A to 8C of that Act (rape and other offences against children under 16);
Anti-social Behaviour, Crime and Policing Act 2014 (c.12)¶
.
Modern Slavery Act 2015 (c.30)¶
.
Sentencing Act 2020 (c. 17)¶
.
(ga)section 8A (rape of a child under 16)
The date on which section 8A comes into force
(gb)section 8B (assault of a child under 16 by penetration)
The date on which section 8B comes into force
(gc)section 8C (causing or inciting a child under 16 to engage in sexual activity involving penetration)
The date on which section 8C comes into force
.(ha) section 8A (rape of a child under 16); (hb) section 8B (assault of a child under 16 by penetration); (hc) section 8C (causing or inciting a child under 16 to engage in sexual activity involving penetration);
.
Schedule 1213 — Duty to report child sex offences: child sex offences and further relevant activities¶
Part 1 — Child sex offences¶
Part 2 — Further relevant activities¶
Schedule 1314 — Offences relating to semen-defaced images, intimate photographs or films and voyeurism¶
Part 1 — Amendments of the Sexual Offences Act 2003¶
66AA Sharing semen-defaced image
(1) A person (A) commits an offence if— (a) A intentionally shares a semen-defaced image of another person (B), (b) B does not consent to the sharing of the semen-defaced image, and (c) A does not reasonably believe that B consents. (2) A “semen-defaced image” of a person (B) is— (a) a photograph or film which— (i) shows, or appears to show, B, and (ii) has, or appears to have, semen on it or in its immediate vicinity, or (b) a photograph or film of a photograph or film within paragraph (a). (3) “Photograph” includes the negative as well as the positive version. (4) “Film” means a moving image. (5) 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). (6) A person “shares” a semen-defaced image if the person, by any means, gives or shows it to another person or makes it available to another person. (7) But a provider of an internet service by means of which a semen-defaced image is shared is not to be regarded as a person who shares it. (8) For the purposes of subsection (1)— (a) “consent” to the sharing of a semen-defaced image includes general consent covering the particular act of sharing as well as specific consent to the particular act of 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. (9) It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for sharing the semen-defaced image. (10) A person (A) who shares a semen-defaced image of another person (B) does not commit an offence under subsection (1) if— (a) the semen-defaced image had, or A reasonably believes that it had, been previously publicly shared, and (b) B had, or A reasonably believes that A had, consented to the previous sharing. (11) 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).
66AB 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 66AC (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. 66AC 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 66AB(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 66AB(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 66AB(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. 66AD 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 66AB(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 66AB(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. 66AE Creating a copy of intimate photograph or film shared temporarily
(1) A person (A) commits an offence if— (a) another person (B)— (i) shares with A a photograph or film which shows, or appears to show, B in an intimate state, and (ii) does so in such a way that A can view the photograph or film for a limited time, but cannot send it to another person, (b) A intentionally creates a copy of the photograph or film that A can view at other times, (c) A knows that the photograph or film is shared with A by B, (d) B does not consent to the creation of the copy, and (e) A does not reasonably believe that B consents to the creation of the copy. (2) For the purposes of subsection (1)(a)(ii)— (a) the cases in which A can view the photograph or film for a limited time include the case where A can view it for as long as B allows A to do so; (b) sending the photograph or film to another person does not include showing it to another person. (3) References in this section to creating a copy of a photograph or a film include — (a) creating a copy of part of a photograph or film, or (b) creating a copy of a photograph or film with modifications, where the copy shows, or appears to show, B in the intimate state in which B is shown, or appears to be shown, in the photograph or film.(4) Subsection (1) is subject to section 66AF (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 creating the copy. (6) Section 76 applies to an offence under this section. (7) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both). 66AF Creating a copy of intimate photograph or film shared temporarily: exemptions
(1) A person (A) does not commit an offence under section 66AE(1) in relation to a photograph or film shared with A if— (a) the photograph or film was, or A reasonably believes that it was, taken or recorded in a place to which the public or a section of the public had or were permitted to have access (whether on payment or otherwise), (b) the person the photograph or film shows, or appears to show, in an intimate state (B) had no reasonable expectation of privacy from such a photograph or film being taken or recorded, and (c) B was, or A reasonably believes that B was, in the intimate state voluntarily. (2) For the purposes of subsection (1)(b), whether a person had a reasonable expectation of privacy from a photograph or film being taken or recorded is to be determined by reference to the circumstances that A reasonably believes to have existed at the time the photograph or film was taken or recorded. (3) A person (A) does not commit an offence under section 66AE(1) in relation to a photograph or film shared with A if— (a) the photograph or film had, or A reasonably believes that the photograph or film had, been previously publicly shared, and (b) B had, or A reasonably believes that B had, consented to the previous sharing. 66AG Possession of software to create or amend a digitally produced sexually explicit photograph or film
(1) A person (A) commits an offence if A intentionally possesses, obtains or stores software whose primary purpose is to create or alter a digitally produced photograph or film which shows another person (B) in an intimate state. (2) It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for possessing, obtaining or storing software whose primary purpose is to create or amend digital images of a person in an intimate state. (3) A person (A) commits an offence if A possesses, obtains or stores software with the intention to create or alter a digitally produced photograph or film which shows another person (B) in an intimate state. (4) It is a defence for a person charged with an offence under subsection (3) to prove that the person had a reasonable excuse for intending to create or amend digital images of a person in an intimate state. (5) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both). (6) Where A is convicted of an offence under this section, the court may require A to delete— (a) the software used in the commission of an offence this section; (b) any copies of a photograph or film they have taken under this section, including physical copies and those held on any device, cloud-based programme, or digital or messaging platform they control. (7) A person can only commit an offence under this section if they are aged 18 or over.
(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 66AE, 66AF, 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 66AB(1) to (3), 66AE(1), 66AF(3)(b), 66B(1) to (3) and 66C(3)(b)— (a) “consent” to the taking, recording, sharing or creating a copy of a photograph or film includes general consent covering the particular act of taking, recording, sharing or creating a copy as well as specific consent to the particular act of taking, recording, sharing or creating a copy, 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.
;(1A) This section applies to offences under— (a) section 66AA; (b) section 66AB(1); (c) section 66AD(1); (d) section 66AE; (e) section 66B(1); (f) section 66E; (g) section 66F.
(3C) Section 76 applies to an offence under subsection (2B).
An offence under section 66AB(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 66AE(1) (creating copy of intimate photograph or film shared temporarily)
The defendant intentionally creating a copy of the photograph or film in question.
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 66AB(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 66AD(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 66AB(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 66AB(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 66AD(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)¶
(3) This is the table—
Provision of the Sexual Offences Act 2003
Item
Section 66AB(1), (2) or (3)
Photograph or film to which the offence relates
Section 66AE
Copy of a photograph or film to which the offence relates
Section 66E
Purported intimate image to which the offence relates
Section 66F
Purported intimate image which is connected with the offence
Section 67A(2B)
Image to which the offence relates
(4) Where the corresponding offence is an offence under section 66F of the Sexual Offences Act 2003, a purported intimate image is connected with the offence if— (a) it appears to be of a person who was the subject of the request to which the offence relates (whether or not it is what was requested), and (b) it was in the offender’s possession, or under the offender’s control, as a result of that request.
Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)¶
Modern Slavery Act 2015 (c. 30)¶
.section 66AB(2) (taking or recording intimate photograph or film with intent to cause alarm, distress or humiliation) section 66AB(3) (taking or recording intimate photograph or film for purpose of obtaining sexual gratification) section 66AD(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¶
;(1) This section applies where a person commits an offence under a provision of the Sexual Offences Act 2003 which is listed in column 1 of the table in subsection (2A).
(2A) This is the table—
Provision of the Sexual Offences Act 2003
Item
Section 66AB(1), (2) or (3)
Photograph or film to which the offence relates
Section 66AE
Copy of a photograph or film to which the offence relates
Section 66E
Purported intimate image to which the offence relates
Section 66F
Purported intimate image which is connected with the offence
Section 67A(2B)
Image to which the offence relates
.(axaa) section 66AB(2) (taking or recording intimate photograph or film with intent to cause alarm, distress or humiliation); (axab) section 66AB(3) (taking or recording intimate photograph or film for purpose of obtaining sexual gratification); (axac) section 66AD(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);
Online Safety Act 2023 (c. 50)¶
(c) section 66E (creating purported intimate image of adult); (d) section 66F (requesting the creation of purported intimate image of adult).
Schedule 1415 — 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,
, or
(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 153 to 155; (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 153 to 155; (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 1516 — 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 1617 — Specified memorials¶
Part 1 — War memorials¶
Part 2 — Parts of war memorials¶
Part 3 — Other memorials¶
Schedule 1718 — 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 1819 — Amendments to Chapter 3 of Part 2 of the Police, Crime, Sentencing and Courts Act 2022¶
(1A) An authorised person may extract information accessible by means of an online account if— (a) a user of the account has voluntarily provided access to the account to an authorised person, and (b) that user has agreed to the extraction by an authorised person of information accessible by means of the account. (1B) The power in subsection (1A)(b) may be exercised only in relation to information which is or was accessible by means of the online account at such time or times as have been agreed by the user of the account.
information—
;(i) likely to be stored on the device, or (ii) likely to be accessible by means of the online account, and
;online account means an account by means of which information held on a service provided by means of the internet is made accessible;
user— (a) in relation to an electronic device, means a person who ordinarily uses the device; (b) in relation to an online account, means a person who ordinarily uses the account.
(2A) A child is not to be treated for the purposes of section 37(1A) as being capable of— (a) voluntarily providing access to an online account for those purposes, or (b) agreeing for those purposes to the extraction by an authorised person of information accessible by means of the online account. (2B) If a child is a user of an online account, a person who is not a user of the account but is listed in subsection (3) may— (a) voluntarily provide access to the online account to an authorised person for the purposes of section 37(1A), and (b) agree for those purposes to the extraction by an authorised person of information accessible by means of the online account.
(7A) An adult without capacity is not to be treated for the purposes of section 37(1A) as being capable of— (a) voluntarily providing access to an online account for those purposes, or (b) agreeing for those purposes to the extraction by an authorised person of information accessible by means of the online account. (7B) If a user of an online account is an adult without capacity, a person who is not a user of the online account but is listed in subsection (8) may— (a) voluntarily provide access to the online account to an authorised person for the purposes of section 37(1A), and (b) agree for those purposes to the extraction by an authorised person of information accessible by means of the online account.
prevents—
(a) any other user of an electronic device who is not a child or an adult without capacity from— (i) voluntarily providing the device to an authorised person for the purposes of section 37(1), or (ii) agreeing for those purposes to the extraction of information from the device by an authorised person; (b) any other user of an online account who is not a child or an adult without capacity from— (i) voluntarily providing access to the online account to an authorised person for the purposes of section 37(1A), or (ii) agreeing for those purposes to the extraction by an authorised person of information accessible by means of the online account.
(a) in relation to the extraction of information from an electronic device for a particular purpose, means an authorised person who may extract the information from the device for that purpose; (b) in relation to the extraction of information accessible by means of an online account for a particular purpose, means an authorised person who may extract the information accessible by means of the online account for that purpose;
(1A) A person (“P”) is to be treated for the purposes of section 37 or 38 as having— (a) voluntarily provided access to an online account to an authorised person, and (b) agreed to the extraction by an authorised person of information accessible by means of the online account, only if the requirements of this section have been met.
to—
(a) provide the device or agree to the extraction of information from it, or (b) provide access to the online account or agree to the extraction of information accessible by means of it.
may—
;(i) refuse to provide the device or agree to the extraction of information from it, or (ii) refuse to provide access to the online account or agree to the extraction of information accessible by means of it, and
P—
(i) refuses to provide the device or agree to the extraction of information from it, or (ii) refuses to provide access to the online account or agree to the extraction of information accessible by means of it.
(a) P has— (i) voluntarily provided the device to an authorised person, and (ii) agreed to the extraction of information from the device by an authorised person, or (b) P has— (i) voluntarily provided access to the online account to an authorised person, and (ii) agreed to the extraction by the authorised person of information accessible by means of the online account.
(1A) If any of conditions A to C is met, an authorised person may exercise the power in section 37(1A) to extract information accessible by means of an online account even though— (a) access has not been voluntarily provided to an authorised person by a user of the account, or (b) no user of the account has agreed to the extraction by an authorised person of information accessible by means of the account.
(b) a person who was a user of the online account has died and the person was a user of the online account before their death.
was—
.(i) a user of the device immediately before they went missing, or (ii) a user of the online account before they went missing, and
(1A) An authorised person may extract information accessible by means of an online account if— (a) a person who was a user of the online account has died, and (b) the person was a user of the account before their death.
information—
.(i) likely to be stored on the device, or (ii) likely to be accessible by means of the online account, and
Schedule 1920 — 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 2B21 — 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 2022 — 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¶
, and
(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)¶
(b) section 15A (where court sentences before confiscation proceedings).
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”.
Part 13 — Confiscation orders made under saved legislation: provisional discharge¶
Provisional discharge of confiscation orders made under saved legislation¶
Effect of provisional discharge under paragraph 55 and revocation of discharge¶
Time for payment where provisional discharge of order is revoked¶
Financial status orders¶
Schedule 2123 — 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¶
, and
(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 2224 — Confiscation orders: Scotland¶
Cases in which accused has a criminal lifestyle¶
Compensation directions¶
107A Increased available amount: compensation directions
(1) This section applies where under section 107(3) 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 accused 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 accused 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 accused in respect of the offence (or offences) concerned could have required the accused 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 a compensation order under section 249 of the Procedure Act.
(6B) If under section 107A (compensation directions) a direction was made for an amount to be paid to a person, the clerk of court must next apply the sums in payment of that amount.
Schedule 2325 — Notification requirements for child cruelty offenders: child cruelty offences¶
Part 1 — Child cruelty offences¶
Offences Against the Person Act 1861 (c.100)¶
Children and Young Persons Act 1933 (c.12)¶
Infanticide Act 1938 (c. 36)¶
Female Genital Mutilation Act 2003 (c. 31)¶
Domestic Violence, Crime and Victims Act 2004 (c. 28)¶
Part 2 — Corresponding service offences¶
Schedule 2426 — Special police forces: barred persons lists and advisory lists¶
Part 1 — Barred persons lists¶
Duty to maintain barred persons lists¶
Inclusion of NCA officers and constables in barred persons lists¶
Inclusion of civilian employees in barred persons lists¶
Removal of NCA officers and constables from barred persons lists¶
Removal of civilian employees from barred persons lists¶
Removal from barred lists: further provision¶
Publication of information in barred persons lists¶
Power to disclose information in barred persons list¶
Part 2 — Advisory lists¶
Duty to maintain advisory lists¶
Inclusion of persons in advisory lists¶
Removal from advisory list¶
Power to disclose information in advisory list¶
Part 3 — Supplementary provision¶
Meaning of “disciplinary proceedings”¶
Interpretation: general¶
Regulations¶
Schedule 2527 — 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 4A28 — 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 6A29 — 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 2630 — 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 26 to the Crime and Policing Act 2026 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 26 to the Crime and Policing Act 2026, 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 26 to the Crime and Policing Act 2026 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 26 to the Crime and Policing Act 2026 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 26 to the Crime and Policing Act 2026, 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 26 to the Crime and Policing Act 2026 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 26 to the Crime and Policing Act 2026 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 26 to the Crime and Policing Act 2026 comes into force.
(2A) 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 26 to the Crime and Policing Act 2026 comes into force.
(a) section 54 (breach of police notification requirements etc); (b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order).